Agricultural production materials market supervision and management (September 14, 2009 National Business Administration General makes 45th, announced since November 1, 2009 up purposes) first article to strengthening agricultural production (following referred to agricultural) market management, specification agricultural market business behavior, protection operators and consumers, especially maintenance farmers of lawful rights and interests of, guarantees food production, promote rural reform development, according to products quality method, and seed method, and mechanization promote method, and pesticide management Ordinance, about legal, and regulations,
These measures are formulated.
Article in the People's Republic of China territory of agricultural operators and agricultural material trading market, should comply with these measures.
Third agricultural materials in these measures refers to seeds, pesticides, fertilizers, agricultural machinery and spare parts, agricultural film is closely linked to agricultural production, such as agricultural inputs.
Agricultural operators in these measures refers to natural persons engaged in agricultural business, enterprises and other economic organizations.
Fourth industrial and commercial administrative departments responsible for supervision and management of agricultural markets, shall perform the following functions:
(A) the supervision and inspection of agricultural operators operating in their jurisdiction according to law, to investigate the violations;
(B) the area of agricultural quality of supervision and inspection according to law, to investigate the failed agricultural;
(C) to receive and handle agricultural consumer complaints within its jurisdiction and to report;
(D) to perform their duties of supervision and administration in other agricultural markets.
Article fifth agricultural operators and agricultural material trading market, it shall register with the industrial and commercial administrative departments, after registration, may engage in business activities.
Laws, administrative regulations or the State Council decided to set up agricultural operators and agricultural material trading market is subject to ratification, or applies to be registered in the scope of laws, administrative regulations or the State Council decided that the pre-registration subject to the approval of the project shall, before applying for registration, approved by the relevant departments of the State, and at the time of registration to submit the relevant documents of ratification. Sixth application for enterprises engaged in fertilizer business, self-employed, farmers ' cooperatives, directly to the industrial and commercial administrative departments to apply for registration.
Enterprises engaged in the chain of chemical fertilizer, to corporate headquarters of chain operations related documents and registration material, local industrial and commercial administrative departments to apply for registration directly to the stores. Apply for the fertilizer business enterprises, individual businesses should have the corresponding places of residence, and registered capital (gold) amount of funds, individual businesses shall not be less than RMB 30,000 yuan.
Applications in the context of provincial branches, engaged in fertilizer business enterprise, registered capital of the enterprise headquarters (gold) shall not be less than RMB 10 million applications for cross-provincial branches, enterprises engaged in fertilizer management, corporate headquarters of registered capital (k) shall not be less than 30 million Yuan.
Specialized packaging packaging seeds no longer, or business license with the seed of seeds for which the written authorization of the operator to sell seed or seed operators range in accordance with license to set up branches, can be registered with the industrial and commercial administrative departments to apply directly.
Article seventh specialized farmer cooperatives selling agricultural materials to its members, you can apply for business licenses.
Individual farmers remaining in his own complex, use of conventional seeds, available on the market for sale, case, you can go through the seed business permit and business license.
Eighth agricultural operators should be engaged in business activities in accordance with law, and accept the supervision and management of the Administrative Department for industry and commerce shall not engage in the following business activities:
(A) obtaining the business license according to law without obtaining the business license or beyond the approved business scope and term engaged in agricultural activities;
(B) manage the State prohibited, expired, invalid, deterioration and other eligible agricultural:
(C) the business label marking does not comply with the national standards, forged, altered the national standards for label annotation content, violations of the right to exclusive use of registered trademarks of others, impersonating a famous product-specific name, packaging or decoration or use the approximation with the name, packaging or decoration of agricultural materials;
(D) advertising, brochures, labels, or packaging logo, in the form of agricultural material quality, composition, performance, usage, producer, scope of application, validity and origin, misleading false advertising;
(E) other acts that violate the laws and regulations.
Nineth agricultural operators should be responsible for their management of agricultural product quality, establish a sound internal product quality management system, to undertake the following responsibilities and duties:
(A) agricultural operators should established sound purchase cable card cable votes system, in purchase Shi should identification dealer of business qualification, identified products certificate Ming and products identifies, and according to same agricultural purchase batch to dealer asking for has statutory qualification of quality test institutions issued of test report original or by dealer signed, and sealed of test report copies, and products sales invoice or other sales voucher, related ticket; (B) agricultural business operator shall establish the purchase account, faithfully record the name of the product, specifications, quantity, suppliers and their contact information, incoming time and so on. Engage in wholesale business, should establish the sales account record of wholesale products, specifications, quantity, the flow of content.
Purchase ledger and sales ledger retained for periods of not less than 2 years;
(C) agricultural business operator shall provide proof of sale to the consumer, in accordance with national laws and regulations or consumer conventions, shoulder repair, replacement, refund, warranty liability and liability of compensation for losses of agricultural product quality; (D) agricultural operators found to provide agricultural materials has serious defects, may harm to agricultural production, human health, life and property safety, should immediately stop the sale of the agricultural, notify the manufacturer or supplier, promptly report to regulators and to inform consumers, to take effective measures and substandard agricultural recovery in a timely manner.
Already in use, to clearly inform customers of the real situation and the remedial measures to be taken;
(E) cooperate with industrial and commercial administration departments of supervision and administration;
(F) the laws, regulations and other obligations.
Article tenth of agricultural materials trading market shall comply with the relevant laws and regulations, establish and implement quality management system and the responsibility system for agricultural products, to undertake the following responsibilities and duties:
(A) review the admission qualification of operators, without license without a license, shall not allow it to operate in the market.
(B) the admission is clearly informed the operators of agricultural means of production quality management responsibilities in writing agreed cable operators to establish an incoming inspection, admission card ticket, into the sales ledger, commitment to quality, substandard products off the shelves, delisting, seed operators should also require the establishment of seed management records;
(C) the establishment of consumer complaint handling system, cooperate with the departments concerned in handling consumer disputes;
(D) with the supervision of the administration of industry and commerce management, operator of the acts prohibited by article eighth, should stop and report on industrial and commercial administration sector;
(E) other obligations under laws and regulations.
11th administrative departments for industry and commerce shall establish the following system of agricultural material market supervision and management:
(A) the introduction of agricultural operators credit classification supervision system;
(B) in accordance with the principle of territorial management, the implementation of agricultural material market inspection system;
(C) the implementation of early warning system for agricultural market regulation, based on inspections, records of consumer complaints, report and investigate violations committed, dynamic information released to public agricultural market regulation, issued consumer alerts in a timely manner;
(D) establishment of 12315 consumer complaint reporting network, timely receiving and processing agricultural consumer advice, complaints and reports.
12th supervision and management of the Administrative Department for industry and Commerce of agricultural material market, according to the administrative punishment law, the product quality law, the anti-unfair competition law, the unlicensed investigation against measures such as laws, regulations of provisions, may exercise the following powers:
(A) to order the suspension of related activities;
(B) to the units and individuals related to the investigation, aware of the situation;
(C) enter agricultural premises, to conduct inspections;
(D) read, copy, attachment, seizure-related contracts, notes, books and so on;
(E) seizure, seizure there is evidence of harm to human health and personal and property safety of agricultural or other serious quality problems, and the direct sales of the agricultural raw materials, packaging materials, tools;
(F) other functions and powers prescribed by laws and regulations. 13th industrial and commercial administrative departments shall establish agricultural means market supervision responsibility system and the responsibility system.
Industrial and commercial Administrative Department staff do not perform their duties according to law, damage the lawful rights and interests of agricultural operators, consumers shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
Article 14th agricultural operators in violation of the provisions of article Nineth, industrial and commercial administrative authority shall order rectification, of less than 1000 Yuan and 10,000 yuan fine.
15th agricultural material trading market in violation of these regulations under article tenth, and industrial and commercial administrative authority shall order rectification, fined a maximum of more than 1000 Yuan and 10,000 yuan.
16th article violates these rules, under the existing laws, rules and regulations are clear, from its provisions.
17th article this way by the State administration for industry and commerce is responsible for the interpretation. 18th article this way come into effect November 1, 2009.