Xining Agricultural Product Quality Safety Management

Original Language Title: 西宁市农产品质量安全管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367189.shtml

Xining agricultural product quality safety management

    (November 22, 2011 at the Xining municipal government 15th 1 Executive meeting November 30, 2011 in Xining people's Government promulgated as of January 1, 2012, 108th) directory

    Chapter I General provisions

    Chapter II administration of origin and production

    Chapter III-processing management

    The fourth chapter management

    Supervision and administration of the fifth chapter

    The sixth chapter legal liability

    The seventh chapter by-laws

    Chapter I General provisions

    First to ensure the quality and safety, safeguarding public health, promoting modern agriculture development in our city, in accordance with the People's Republic of China Law on quality safety of agricultural products, such as the provisions of laws and regulations, combined with the city's actual, these measures are formulated. II agricultural products mentioned in these measures refers to comes from agriculture's primary agricultural products.

    That is obtained in the agricultural activities of edible plants, animals, micro-organisms and their products.

    Agricultural products quality and safety management in these measures refers to relevant administrative departments in order to ensure the quality and safety, law on agricultural production and related activities, and supervision and management.

    Third article of the municipal agricultural production, processing, management and supervisory activities in the application of this approach.

    Fourth city, County (district) people's Governments within their respective administrative regions of agricultural products quality safety supervision and management responsibility, work safety supervision and management in the Government assessment of agricultural products, unified leadership and coordination of relevant departments form a linkage mechanism.

    Agricultural administrative departments in charge of agricultural products quality safety supervision and management, and the establishment of agricultural products quality safety supervision and administration, exercising supervision and management responsibilities;

    Administration of industry and commerce is responsible for the circulation of agricultural products quality and safety supervision and processing of the nonconforming product;

    Business Administration Department is responsible for the slaughter and processing of poultry regulations;

    Supervision and administration of quality and technical supervision Department is responsible for the processing of agricultural products quality and safety;

    Food and drug supervision and management is responsible for the quality safety of agricultural products in the food and beverage consumption;

    Environmental protection Administrative Department is responsible for monitoring the safety of agricultural production environment;

    Is responsible for the quality and safety supervision of the financial sector to ensure funding for, and incentives. Fifth of municipal and County (district) people's Governments and relevant departments should enhance the quality and safety advocacy to raise public awareness of agricultural product quality safety, lead production operators to strengthen the management of quality and safety of agricultural products, guarantees the quality and safety.

    Agricultural production and farmers ' specialized cooperative economic organization shall strengthen self-discipline to implement industry standards of quality and safety of agricultural products.

    Sixth article of any organizations or individuals for acts in violation of these measures has the right to report, complaint departments shall keep confidential informants, and offering incentives.

    Chapter II administration of origin and production

    Article seventh city, County (district) people's Government shall, in accordance with local conditions, do agricultural standardization, standardization, improve agricultural production conditions.

    Eighth green around administrative departments should strengthen the agricultural industrial enterprises sewage regulation, other organizations and individuals, it is prohibited to agricultural emissions of heavy metals, nitrate, oils, acids, caustic, toxic waste, radioactive waste and untreated sewage and other hazardous and noxious substances containing pathogens, or dump or landfill of hazardous waste.

    Nineth agricultural administration in conjunction with the Environmental Protection Department on a regular basis according to produce varietal characteristics, physical environment and soil fertility, production and evaluation of regional agro-environmental monitoring in the region, to propose a ban on the production of regional and species, reported to the people's Governments at the corresponding level for approval announced in environmental monitoring over ban on agricultural production in the region.

    Prohibition of the production of sign area should set up, indicating the name, location, scope, size and the prohibition of the production of agricultural products and so on. Tenth of agricultural production are directly responsible for its production of quality safety of agricultural products, shall be in accordance with the technical regulations for production.

    Scientific and rational use of agricultural inputs, to encourage the use of organic fertilizer and microbial fertilizer, bio-pesticides and biodegradable agricultural film production, establishing agricultural production files, detailed records of pesticide, fertilizer, veterinary drugs, feed and agricultural inputs such as feed additives, and vaccination, quarantine, and so on.

    11th agricultural enterprises, farmers ' specialized cooperative economic organizations shall establish a system of quality inspection of agricultural products, equipped with detection equipment as well as personnel, to post the output of agricultural or entrust a qualified testing agency, strict compliance with the agricultural system, failed agricultural products shall not be listed, and under the supervision of the agricultural Administration Department for processing.

    12th agricultural producers shall be encouraged in accordance with the relevant provisions of application of pollution-free agricultural products, green food, organic food and other agricultural products quality and safety certification.

    13th article in the production of agricultural products, the following actions are forbidden:

    (A) the State banned the use of expiration, expired, the agricultural inputs;

    (B) the Super scope, Super use, excessive use of national restrictions on the use of agricultural inputs;

    (C) the use of other toxic and hazardous substances in the production, processing of agricultural products;

    (D) the harvesting, sale of agricultural inputs has failed to meet the national requirements using a safety interval of agricultural products;

    (E) other behaviors prohibited by laws, rules and regulations.

    Chapter III-processing management

    14th agricultural products processing enterprise shall set up a tracing system of quality and safety of agricultural products, to primary agricultural products and raw materials should be in accordance with the provisions of its procurement obtained the qualification certificate and inspection of agricultural products, and to keep a certain number of samples of raw materials, semi-finished products.

    15th and sellers of agricultural products processing enterprises in the cleaning, sorting, processing, preservation, packaging, storage should be in line with the quality and safety requirements, prohibit the illegal use of pigments, preservatives, antiseptics, whitening agents or other harmful substances.

    16th as the primary processing of agricultural products, packaging, packaging materials and containers must meet standards, and on product packaging is labelled in Chinese standard code, product name, net contents, production, processing units, name and address, date of production, shelf life, etc.

    Access to pollution-free agricultural products, organic foods, organic-certified agricultural products should be standardized packaging for sale, large melon, concentrated vegetable except perishable packaging difficulties such as bad. Article 17th of livestock and poultry and its products after the slaughter, the centralized inspection and quarantine before entering the market.

    Livestock and poultry farms, slaughterhouses and other livestock production sites discovered not passed quarantine inspection, mortality or unidentified livestock and poultry and its products, infected livestock and poultry and its products, the excreta of infected livestock and poultry shall be promptly reported to the animal health supervision institutions, under its supervision, under the guidance of sound processing.

    The fourth chapter management 18th implementing agricultural products market access system.

    Operating various types of agricultural products should be subject to inspection, quarantine, testing, in line with national and provincial standards of quality and safety, without inspection or test failed agricultural products shall not be engaged.

    Certified agency certification of pollution-free agricultural products, green food, organic food, with valid certificates into the market;

    Agricultural production enterprises, farmers ' specialized cooperative economic organizations in agricultural products, with the quality certificates of origin issued by the administrative departments of agriculture into the market;

    Other agricultural products should be carried out by the wholesale markets, farmers markets, supermarkets and other inspection inspection inspection before entering the market.

    Article 19th must accept the animal health supervision institutions of livestock and poultry products supervision and inspection.

    Engaged in the slaughtering of livestock and poultry products must be qualified enterprise slaughter, the supervising agencies for animal health inspection and quarantine, inspection and quarantine certificate issued, affixes the before entering the market; Operating out of fresh, cold fresh animal products, the implementation of prior review system, after examining the access.

    Supervising agencies for animal health quarantine Declaration eligibility, issuing quarantine certificates, if necessary, sampling, inspection certificate, affixes the before entering the market;

    Operating out of frozen poultry products, animal health supervision institutions after passing quarantine Declaration, issued quarantine certificates certifying that affixes the before entering the market.

    20th agricultural wholesale markets, farmers markets, supermarkets, distribution centers and processing enterprises in agricultural undertakings shall perform the following functions:

    (A) establishing agricultural product quality safety responsibility system, and managers signed a guarantee of quality and safety of agricultural products;

    (B) improve the quality and safety inspection system, equipped with professional quality and safety management and testing equipment, develop appropriate management systems and work procedures, the identification of work carried out, recorded and reported, and not fraud;

    (C) establish the sound into the sales account card ticket system and cable, faithfully record the name, country of origin of the agricultural products, producers, production date, shelf life, into retail sales dates, product quality and safety certificates of registration, and other content, shelf life of not less than 2 years;

    (D) establish a sound purchase inspection system, to detect no quality certification of agricultural products by instalment, submitted to the agricultural Administration Department regularly reports and publish test results;

    (V) found not eligible agricultural products, should stop the sale and transfer, and promptly report to the Administrative Department of Commerce, industry, agriculture, agricultural Administrative Department entrusted a qualified testing agency of agricultural products inspection and issue an inspection report, administration for industry and Commerce according to the inspection report, dealt with according to law;

    (Vi) transportation, storage need refrigeration and preservation of agricultural products shall be equipped with cold storage facilities;

    (VII) use devices for venue operators and disinfected on a regular basis, keep the premises clean and health. 21st in food production and processing, food and beverage enterprises and collective feeding units purchasing agricultural products, shall be obtained in accordance with the quality and safety standards certificate, certificate of origin, as well as inspection (quarantine) certification, and establish a record of purchase of agricultural products.

    Purchases, purchases of agricultural products shall be true to the period of not less than 2 years.
Supervision and administration of the fifth chapter

    22nd agriculture, quality supervision, business, industry and commerce, food and drug administrative departments shall establish a system of record producers and violations committed, for violations to be recorded and released within prescribed limits. 23rd new types of scaled agricultural market approval, must be approved by the agricultural Administration Department on the construction of agricultural product quality safety system audit by the Business Administration Department for approval.

    Agricultural Administration Department annual assessment of the quality and safety of agricultural product market work, annual management review of evaluation results into the market.

    24th agricultural departments for the administration of production and marketing of agricultural products, oversee, and shall exercise the following powers:

    (A) for agricultural production, processing, packaging, storage, management and other activities for on-site inspections;

    (B) for pollution-free agricultural products, green food, organic products, certification and other inspection certificates for the supervision and inspection of agricultural products, related to forgery, theft, fraudulent use of certificates, marking and quality certification;

    (C) to investigate the violation of the quality and safety of agricultural products in accordance with law, does not meet the standards of quality and safety of agricultural products for seizure and detention;

    (D) the inspection and copying records, archives and other information related to the quality and safety of agricultural products;

    (E) in conjunction with the industrial and commercial administrative departments supervise the party does not meet the standards of quality and safety of agricultural products decontamination or destruction;

    (F) in conjunction with the departments concerned on the quality and safety accident investigation;

    (VII) other functions and powers prescribed by laws and regulations.

    25th article agricultural administration sector should on agricultural production enterprise, and farmers professional cooperation economic organization and the various market agricultural quality security since check work for supervision checks, by checks, continuous 3 times above since check results not qualified of, agricultural administration sector right to on its since check results not recognized, and delegate has qualification of institutions on its production business of agricultural for detection, costs by production business units full bear. 26th Administrative Department shall formulate the quality and safety testing, and implementation of the supervision and inspection of the production and marketing of agricultural products, or you can delegate a qualified testing agency sampling and sampling results were announced.

    Disagrees with the producers and traders of agricultural products on the test results, can be from the date it receives the test results in the 3rd, to the agricultural administration department or its parent agricultural administration authority for review. 27th agricultural products quality safety supervision shall not be charged to the selected test, samples drawn shall not exceed the prescribed amount. Superior Administrative Department of agriculture supervision and inspection of agricultural products, agricultural Administration Department may not otherwise be repeated sampling at lower levels.

    Entrust inspection, borne by the Commission the test charge.

    28th when agricultural products quality and safety accident occurs, the units and individuals should take emergency control measures, and shall promptly report to the administrative departments of agriculture and agricultural Administration Department officers sped to the scene immediately after receiving the report, shall be processed and reported to the people's Governments at the corresponding level and higher authorities.

    The sixth chapter legal liability

    29th article violates article eighth, emission of toxic and harmful waste to agricultural production, by the environmental protection administration punishment according to the provisions of the relevant laws and regulations.

    30th article violates article tenth, according to stipulations to establish production records or falsified production records, by the agricultural Administration Department rectification, it fails, and fined 1000 Yuan more than 2000 Yuan fine.

    31st article violates article 11th, agricultural production units do not establish quality inspection agencies to carry out self-inspection of, by the agricultural Administration Department be ordered to rectify, it fails, and fined 1000 Yuan and 10,000 yuan fine.

    32nd in violation of the provisions of article 13th I, II, III, and by the agricultural Administration Department ordered corrective action and supervision of harmless treatment of its agricultural products, to harmless treatment not be supervised the destruction, for individuals and a penalty of five hundred Yuan more than 2000, agricultural production enterprises, farmers ' specialized cooperative organization and a fine of between 5,000 yuan and 10,000 yuan.

    33rd in violation of the provisions of article 13th fourth, by the agricultural Administration Department ordered corrective action and supervision of harmless treatment of its agricultural products, to harmless treatment not be supervised the destruction of and fined 1000 Yuan fine.

    34th article violates article 15th, the Administrative Department for industry and commerce, quality supervision, agriculture and other ordered corrective action and immediately stop sales recovery had sales of agricultural products, the illegal sale of agricultural products by harmless treatment or supervised the destruction, confiscate the illegal income, and more than 2000 Yuan and fined a maximum of 20,000 yuan.

    35th article violates article 17th, fined a maximum of 3,000 Yuan by the agricultural Administration Department.

    36th article violates article 19th, by the agricultural Administration Department to order the suspension of sales, and a fine of 1000 Yuan and 10,000 yuan fine.

    37th article violates article 20th, by the agricultural Administration Department ordered corrective action and fails to make corrections, and fined 1000 Yuan and 10,000 yuan fine.

    Article 38th of violation of the article 21st, by industry and commerce, food and Drug Administration ordered corrective action and punishment according to the provisions of the relevant laws and regulations.

    39th article violates these rules, refused to be inspected on-site inspection or the deception, by the agricultural Administration Department ordered corrective action, and fined 1000 Yuan fine.

    40th agricultural administration and other management staff, failure to comply with statutory and regulatory duties, against the interests of producers of agricultural products to the direct responsible person in charge or others directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

    41st of agricultural inputs in these measures refers to the process in the production of agricultural products using or adding material, including seeds, seedlings, species of livestock, pesticide, fertilizer, veterinary drugs, feed, feed additives and other means of agricultural production, as well as in the process of agricultural production or add other substances that may influence the quality and safety.

    42nd the specific problems in the application of these measures by the municipal agriculture and animal husbandry and the poverty alleviation and Development Bureau is responsible for the interpretation. 43rd these measures come into force on January 1, 2012.