Administrative Measures On Quality And Safety Of Agricultural Products In Liaoning Province

Original Language Title: 辽宁省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/201108/20110800346548.shtml

Administrative measures on quality and safety of agricultural products in Liaoning province

    (January 7, 2011 44th Executive meeting of the 11th people's Government of Liaoning province considered by Liaoning Provincial Government order No. 251, January 17, 2011, published February 20, 2011) Chapter I General provisions

    First in order to guarantee the quality and safety, safeguarding public health, promoting the development of agriculture and the rural economy, according to the People's Republic of China agricultural product quality security law and other relevant laws and regulations, combined with the province, these measures are formulated.

    Article within the administrative area of the province engaged in agricultural production, management and regulatory activities of units and individuals shall abide by these measures. Third provincial departments of agriculture administration shall, jointly with relevant departments to establish agricultural products quality and safety inspection and testing system in the province.

    Cities and counties (including County-level cities and districts, the same below) people's Governments shall set up and perfect the administrative system of agricultural products quality and safety inspection and testing.

    The township (town) people's Governments shall establish and improve the quality and safety supervision and management mechanism, strengthen agricultural production and business activities within their respective administrative areas of guidance and supervision.

    Article fourth provincial, city and County agricultural administrative departments in charge of agricultural products quality safety supervision and management of work within their respective administrative areas.

    Industry and commerce administration, quality and technical supervision, public health, food and drug administration, environmental protection and other relevant departments according to their respective duties, is responsible for the quality and safety of the work.

    Article fifth agricultural administrative departments shall organize and conduct scientific study of harmless treatment of agricultural products.

    Harmless treatment of agricultural administrative departments in charge of agricultural practice and implementation.

    Sixth agricultural products must comply with national and local safety standards.

    Agricultural product quality and safety standards set by the provincial health administrative departments.

    Agricultural products quality and safety standards should be announced to the public, and provides free access to the public.

    Seventh provincial health Administrative Department can release effect is limited to mainland Chinese agricultural products within the scope of security risk assessment information, safety and risk information on accidents and major agricultural products and processing information.

    Agricultural administrative departments in their area of responsibility within regulation, supervision and day-to-day supervision of agricultural products quality and safety information.

    Article eighth of farmers ' professional cooperative economic organization and agricultural products trade association for agricultural producers, operators of agricultural product quality safety information and technical services to guide its members engaged in agricultural production and management activities according to law, the implementation of industry standards of quality and safety of agricultural products, strengthening self-discipline, promoting honesty.

    Chapter II administration of origin

    Nineth provincial, city and county administrative departments should formulate agricultural construction plans, implemented after being approved by the people's Governments at the same level.

    Article tenth of agricultural administrative departments should establish and improve the environment and safety monitoring system, on a regular basis the environmental and safety investigations, monitoring and evaluation, improve the agricultural environment monitoring files, preparing the environmental and safety evaluation report.

    11th city and county governments should organize agriculture, forestry, environmental protection, land and resources and other departments, to a specific prohibition of the production of agricultural products and hazardous substances do not meet the safety standards of other agricultural production areas to repair and management.

    Chapter III production

    12th to encourage and support agricultural producers develop pollution-free agricultural products, organic foods and organic agricultural production.

    13th producers of agricultural products, farmers ' specialized cooperative economic organization and a major grower of agricultural products shall, in accordance with the different varieties of crops and minimum production units with a production record.

    14th in the agricultural production process the following actions are forbidden:

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

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

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

    (D) the harvest has failed to meet the state-mandated agricultural inputs using a safety interval of agricultural products;

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

    Provincial, city and county administrative departments shall be prescribed by the State ban, are eliminated and the list of restrictions on the use of agricultural inputs to the public. 15th agricultural enterprises and farmers ' specialized cooperative economic organizations should test on production of quality safety of agricultural products. Qualified, attached in accordance with the quality and safety standard certification and marking product name, country of origin, production units and production dates, may be sold.

    Testing does not meet the standards of quality and safety of agricultural products, by the producer according to the relevant State provisions for decontamination or destruction.

    16th agricultural enterprises and farmers ' specialized cooperative economic organizations are finding that their production does not meet the quality and safety of agricultural products standard, there are harmful to human health and safety risk and shall immediately notify the seller to stop selling, advised consumers to stop using the recall, for decontamination or destruction, and reports the location of agricultural administrative departments.

    The fourth chapter of agricultural inputs Article 17th implement filing system for managing agricultural inputs.

    Agricultural inputs dealer shall provide management and county administrative departments of agriculture.

    18th agro inputs business operators shall establish agricultural inputs sales ledgers and archival, records the name, origin, date of purchase, production, sale, sale, sale number, sponsor, and save more than 2 years.

    19th provincial departments of agriculture administration shall regularly check the quality status of agricultural inputs detection, selective testing of samples shall be in production and business units for sale products randomly.

    Agricultural inputs for production and business units to detect any objection, after receiving the test results apply to the inspection department within the 5th review.

    By the detection of substandard agricultural inputs, in addition to producers, operators shall be investigated for criminal responsibility, should also be published in the relevant media.

    The fifth chapter agribusiness 20th implementing agricultural products quality and safety market access system.

    Type of agricultural market access, market, region-wide, sales and implementation time, confirmed and announced by the municipal people's Government. Included in the access list of the marketing of agricultural products in the province, provisions and meet the quality and safety standards should be accompanied by the corresponding certificate or certificate of origin. Major grower of agricultural products sales of self-produced agricultural products should be accompanied by the corresponding certificate of origin, farmer sales. Except for a small number of agricultural products.

    Are required by law to carry out the inspection (quarantine) of plants and plant products, shall be attached to inspection (quarantine) certification.

    Certificate or certificate can also be used as proof of the meet the quality and safety standards:

    (A) hazard-free agricultural products certification;

    (B) organic foods certification;

    (C) the certification of organic agricultural products;

    (D) the China entry-exit inspection and quarantine of imported agricultural products issued by the immigration inspection (quarantine) certification.

    Article 21st agricultural wholesale markets, agricultural (set) market, shopping mall (supermarket), stores, distribution centres, warehousing business unit shall perform the following obligations in the agricultural business activities:

    (A) the establishment of agricultural product quality security management system and management files, staffed with full-time or part-time safety management personnel;

    (B) the transport, storage, cold storage of agricultural products with refrigeration facilities;

    (C) on the venue and equipment disinfected on a regular basis, keep the premises clean and health;

    (D) inspection in accordance with the quality and safety standards certificate, certificate of origin, as well as inspection (quarantine) certificates;

    (E) the quality safety of agricultural products the agreement with operators, clear quality and safety responsibilities. 22nd agricultural marketing companies as well as sales of agricultural products businesses, purchase of should 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.

    When selling produce, evidence should be provided to buyers.

    Food production and processing, food and beverage enterprises and collective feeding units purchasing agricultural products shall be proof of the claim provided for in the first paragraph of this article, establish a record of purchases.

    Purchases, purchases of agricultural products shall be true to the period of not less than 2 years.

    Article 23rd agricultural products, one of the following circumstances shall be marketed:

    (A) contain the prohibition of use, has been officially eliminated by pesticides or other chemicals;

    (B) the pesticides, hormones, plant growth regulators and other chemical residues or contain heavy metals and other hazardous substances do not meet the standards of quality and safety of agricultural products;

    (C) containing pathogenic parasites, microorganisms or biological toxins do not meet the standards of quality and safety of agricultural products;

    (D) deterioration, oil Rancidity;

    (E) the use of preservatives, preservatives, additives and other materials do not comply with the relevant national mandatory technical specifications;

    (Vi) others do not meet the quality and safety standards. Article 24th of pollution-free agricultural products, green food, organic-certified agricultural products, packaging should be listed for sale.

    Big melons, centrally listed fall vegetable except perishable packaging difficulties such as bad.

    Listed should be packaged sales of agricultural products packaging material, shall conform to the packing of agricultural products and environmental protection requirements.

    The sixth chapter the supervision and inspection Article 25th agricultural, industrial and commercial administration management and food and drug supervision and management departments in accordance with the Division of responsibilities, implementing agricultural products quality safety supervision and inspection in accordance with law.

    Supervision can take the form of:

    (A) on-site examinations on production and management of agricultural products;

    (B) staff to investigate and understand the circumstances regarding the quality and safety of agricultural products;

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

    (D) attachment, attachment of non-compliance with quality and safety standards certificate or do not meet the quality and safety standards of agricultural products and the illegal use of agricultural inputs;
(E) other functions and powers provided by laws, rules and regulations.

    Article 26th attachment, arrest without proof of compliance with quality and safety standards of agricultural products, tested to meet quality and safety standards, should be made in accordance with standards of quality and safety of agricultural products after proof lift attachment, arrest, returned to the party.

    Seizure, seizure does not meet the standards of quality and safety of agricultural products, producers, operators within a supervised by the relevant authorities for treatment; innocent treatment cannot be made of harmless treatment or fails to, supervising producers, operators should be destroyed.

    Agriculture Administration Department conduct supervision and inspection article 27th, confirm sales do not meet the standards of quality and safety of agricultural products, test results and other information should be handed over administration of industry and Commerce and penalties.

    The seventh chapter legal liability

    28th article agricultural producers violation this approach 14th article first paragraph provides of, by agricultural administrative competent sector ordered corrected, give warning, supervision its on agricultural for harmless of processing, on cannot for harmless of processing of, be supervision destroyed, on personal and at 500 Yuan above 2000 Yuan following fine; on agricultural production enterprise, and farmers professional cooperation economic organization and at 5000 Yuan above 10,000 yuan following fine.

    Article 29th production enterprises and farmers ' professional cooperative economic organization in violation of this article 15th, sales of untested farm products, by the Administrative Department of agriculture ordered corrective action and penalty of between 5000 and 2000 Yuan.

    Article 30th agricultural enterprises and farmers ' professional cooperative economic organization in violation of this article 16th, did not recall products, by the Administrative Department of agriculture ordered the recall, more than 5000 Yuan and 10,000 yuan fine.

    Article 31st agricultural input operators disobey article 18th, is not required to establish the purchase and sale of agricultural inputs account and business archives, by the Administrative Department of agriculture ordered corrective action and penalty of between 2000 and 1000 Yuan. 32nd article agricultural wholesale market, and agricultural (set) trade market, and Mall (supermarket), and stores, and distribution center, and warehouse enterprise, units violation this approach 21st article subsection (three) items provides, not on site and the using devices regularly disinfection of, by business administration sector at 1000 Yuan above 5000 Yuan following fine; violation subsection (four) items, and subsection (five) items provides, not identification related proved, and not and operators signed agricultural quality security agreement of,

    By the Administrative Department for industry and Commerce Department fined 1000 Yuan and 10,000 yuan.

    33rd article agricultural production enterprise, and farmers professional cooperation economic organization sales of agricultural has this approach 23rd article first items to fourth items or sixth items by column case one of of, by agricultural administrative competent sector ordered stop sales, recovered has sales of agricultural, on illegal sales of agricultural for harmless of processing or be supervision destroyed, confiscated illegal proceeds, and at 2000 Yuan above 20,000 yuan following fine.

    Wholesale markets for agricultural products, agricultural products marketing enterprise of agricultural products, as well as sales of other units which are inconsistent with article 23rd first to fourth or the circumstances set out in the sixth, by the administration of industry and commerce in accordance with the preceding paragraph shall be dealt with and punished.

    Article 34th agricultural Administrative Department and other relevant departments and their staff in the supervision and administration of quality safety of agricultural products in any of the following acts, to managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) used his position to seek illegitimate interests;

    (B) not to perform their statutory duties;

    (B) other acts of abuse of power, negligence, malpractice.

    The eighth chapter by-laws

    Article 35th of agricultural products mentioned in these measures refers to the primary product from agriculture for food, that is acquired for consumption in the agricultural activities of plants (except aquatic plants), micro-organisms and their products.

    Agricultural inputs in these measures refers to the process in the production of agricultural products using or adding substances, including pesticides, fertilizers, seeds, additives, plastic sheeting and other items that may affect the quality of agricultural products. 36th these measures shall come into force on February 20, 2011.