Administrative Measures On Market Access For Farm Products In Lhasa City,

Original Language Title: 拉萨市农牧产品市场准入管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264117.shtml

Administrative measures on market access for farm products in Lhasa city,

    (June 11, 2010, Lhasa city people's Government Executive Meeting July 1, 2010, Lhasa city people's Government promulgated as of August 1, 2010, 27th) Chapter I General provisions

    First in order to strengthen the supervision and management of agriculture and animal husbandry products, improve the quality of farm products, protection of people's health, according to the People's Republic of China agricultural products quality safety law, and the People's Republic of China food safety law and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article agricultural products mentioned in these measures refers to quality of products in compliance with the relevant standards and norms, certified pollution-free farm produce are allowed sign, raw or primary processing plant breeding form, available for human consumption of vegetables, fruit, aquatic products and livestock products.

    Market access for agricultural products mentioned in these measures refers to in accordance with the provisions of the laws, regulations and rules, certified pollution-free agricultural products and in line with national standards of quality and safety of agricultural products sales, without certification or testing does not meet national standards of quality and safety of agricultural and animal husbandry products prohibition of sales management system.

    Third article this regulation is applicable outside the administrative area of the city into the city and administrative area of the city in the production and sale of agricultural and animal husbandry products. Fourth production, marketing of agricultural products should be safe and healthy.

    Prohibition of production and sale of pesticides, residues of veterinary drugs and other agricultural inputs in excess of the prescribed standards of agricultural and animal husbandry products.

    Fifth of farm products production and sales departments are responsible for the principles of unified planning, grading, and strengthen supervision and inspection.

    Sixth agricultural products wholesale market should be set up or speed farm products quality and safety inspection institution commissioned, on entry to the market of farm produce quality and safety checks of the State tests.

    Seventh, agriculture and animal husbandry departments shall establish a body speed checked by qualified personnel.

    All entry points to the city, in the administrative area of production, marketing of agricultural and animal husbandry products, speed test, must go to the Agency for testing.

    Eighth article encourages and supports research, development of production technology of agriculture and animal husbandry products, on the introduction and popularization of new varieties.

    Chapter II administrative organization and function

    Nineth Department concerned shall, in accordance with their respective responsibilities and the following Division of labour, supervision and management of market access for agricultural products:

    (A) the municipal food security Committee to coordinate the departments concerned, guidance of farm products market supervision over food safety.

    (Ii) City agricultural Mu competent sector is responsible for agricultural MU products into market Qian quality security of supervision management, developed and guide implementation detection process; guide market, and supermarket established sound market agricultural MU products of detection, and identifies and the publicity system; on this city administrative outside into this city of agricultural MU products, and this city administrative within of agricultural MU products production base for quality security monitoring management; on not meet quality security standard of agricultural MU products for harmless of processing.

    (C) the municipal food and drug supervision authorities on agricultural products entering the restaurant health and safety checks and supervision.

    (Iv) the city of quality and technical supervision authorities, agro-pastoral production, in conjunction with the departments concerned in formulating the implementation of standards, combined with agriculture and animal husbandry departments to monitor the implementation of standards.

    (E) the municipal industry and commerce administration authorities are responsible for supervision and administration of circulation of farm products trade order.

    (F) municipal departments in charge of Commerce commodity circulation industry management, guiding markets in villages and towns farm products quality and safety inspection mechanism established and perfected.

    (G) the municipal water conservancy departments in charge of the city's water environment supervision of aquatic products.

    (VIII) municipal environmental protection authorities are responsible for influencing the quality of farm products production and pollution monitoring management.

    (I) the entry and exit inspection and Quarantine Bureau of Lhasa responsible for entry of agricultural and animal husbandry products, inspection and quarantine, and supervision and management.

    Article tenth of farm products market operators shall cooperate with the relevant departments of agriculture and animal husbandry products supervision and testing system of work and establish the standard account goes back.

    Chapter III administration of farm products production base

    The 11th district (district) and township (town) people's Government shall, in accordance with agro-pastoral production medium-and long-term and annual plans, encourage the development and construction of farm products production base.

    The 12th agriculture and animal husbandry products shall comply with the following conditions:

    (A) pollution-free farm products production base environment in line with standards and requirements;

    (B) the base should be far away from industrial areas, away from roads, away from sources of pollution;

    (C) the production processes meet the production technology of pollution-free farm produce standards and requirements;

    (D) commensurate with the production scale and production category of professional and technical personnel;

    (E) have a sound quality control measures.

    13th agricultural products producers, operators and the agricultural products base in accordance with the provisions of the administrative measures for pollution-free agricultural products, application of pollution-free agricultural products, product certification, certified can be identified in non-polluted farm products.

    The origin of nuisance-free agricultural and animal husbandry products, product certification criteria, certification program by the Department of agriculture and animal husbandry in accordance with the relevant provisions of escalation.

    Without certification, you may not use pollution-free agricultural products identified.

    14th through national, state-certified production base for pollution-free agricultural products, you must establish a record of no-pollution farm products production.

    15th farm products production base, production demonstration zone management unit should be equipped with the appropriate technical staff as and when required, in charge of production technology and field testing to ensure the production of farm products pesticides and agricultural inputs such as veterinary drugs residues does not exceed the prescribed standards.

    City, County (district) of agriculture and animal husbandry Department of agro-pastoral production technicians and producers to conduct technical training and guidance, improve agricultural production units and individual level of production technology and testing.

    16th city agriculture and animal husbandry departments shall, in accordance with provisions of article organization to promote safe and effective pesticides, veterinary drugs, animal feed and feed additives, fertilizers, supervision and guidance of agriculture and animal husbandry production units and individual safety and rational use of pesticides, veterinary drugs, animal feed and feed additives, fertilizers, timely publication of farm produce production prohibit the use of pesticides, veterinary drugs, animal feed and feed additive and fertilizer directory.

    The fourth chapter of farm products production and supervision and management

    17th farm products production units and individuals shall be safe and rational use of pesticides, veterinary drugs, and in accordance with the prescribed dosage, frequency, drug use and safety interval spraying, promoting the use of biological pesticides, veterinary drugs, and integrated control techniques of diseases and insect pests.

    Agro-pastoral production units and individuals should be scientific and rational application of fertilizer to promote application of organic fertilizer, compound fertilizers, bio-fertilizers, progressive reduction of soil pollution, reduce harmful residues.

    18th is prohibited in agriculture and animal husbandry production base, orchards and vegetable fields using highly toxic, highly toxic and high-residual pesticides, veterinary drugs and other agricultural inputs.

    Ban on in agriculture and animal husbandry production bases, orchards and vegetable fields using the State banned the use of pesticides, veterinary drugs; use of highly toxic, highly toxic, high residue pesticide, veterinary drug plots in the residual effect of drugs shall not be used for planting, breeding of farm products.

    Suppression of the production base of agriculture and animal husbandry products, orchards, field emission of waste gas, waste water and waste in agriculture and animal husbandry products, orchards, fields, prohibit the use of sewage and waste water for irrigation.

    19th the establishment of agriculture and husbandry products detection system.

    City, County (district) of agriculture and animal husbandry departments should urge the farm produce wholesale markets, incoming inspection, registration system established in the retail market.

    After testing does not meet the standards of agricultural and animal husbandry products, no traffic and sales. 20th is random unit or individual disagrees with the result, since receiving the test results when applying for review within four hours. Review rapid detection methods can not be used.

    The recheck institution to a higher competent Department of Agriculture's inspection organization.

    Detection error for damage caused to individuals, shall bear the liability for damages.

    21st farm produce wholesale markets, supermarkets, retail sales of farm products should be distinct position of farm products in the booth signage, and truthfully on the agricultural product nameplate marking farm produce varieties, country of origin, time of purchase and certificate, and so on.

    22nd banned the sale of the following agricultural products:

    (A) the use of highly toxic, highly toxic, high-residual pesticides, veterinary drugs and other agricultural inputs;

    (B) has not been their safe intervals;

    (C) the use of highly toxic, highly toxic, high residual pesticides, veterinary drugs and other agricultural inputs of plots, planting, breeding in the residual effect of drugs;

    (D) the laws, regulations, rules and regulations prohibit the sale of farm products.

    Chapter fifth penalty

    23rd violates these rules, forgery and fraudulent use, transfer, buy and sell farm produce origin certification, product certification certificate and mark, the municipal agriculture and animal husbandry Department be ordered to desist from the illegal act; has illegally obtained, confiscation of illegal proceeds and illegal gains shall be punishable by more than 1 time penalty of 3 times, but shall not exceed a maximum of 30000 Yuan.

    24th agricultural products market system of units does not establish the standard account goes back, cause harm to the party, a minor by the municipal agricultural, commercial, industrial and commercial administrative departments charged its rectification; damage to the party, if the circumstances are serious, from agricultural and animal husbandry products business unit shall bear corresponding responsibility.

    25th under any of the following circumstances, recommended by the municipal agriculture and animal husbandry Department of agriculture and animal husbandry Department of the autonomous region revoked the certificate of non-pollution farm products production base:

    (A) does not meet the conditions for agriculture and animal husbandry production base;

    (B) production does not meet the requirements of the national quality and safety standards of agricultural products;

    (C) than on the base of the production of agricultural products to the base name of the sales of farm products.

    26th article violates these measures set forth in the 20th, 22nd, after testing of agricultural and animal husbandry products, found harmful substances exceeding the prescribed standard, the municipal agriculture and animal husbandry departments to increase the base of agricultural and animal husbandry products, the sampling frequency, sampling is not qualified for the third time in a row by the municipal agriculture and animal husbandry departments is subject to seizure, detention and are harmlessly destroyed.

    27th to the agriculture and animal husbandry products, orchards, field emission, waste water and waste pollution of the agricultural and animal husbandry products from the County (district) the Environmental Protection Department in accordance with the relevant provisions of the environmental protection.

    28th article violation this approach provides, agricultural MU products sales enterprise, and agricultural MU products wholesale market business units allows no effective qualified voucher, and without detection and the detection not qualified of agricultural MU products sales and not established publicity business of, by city business administration sector ordered its deadline corrected, on agricultural MU products sales enterprise, and agricultural MU products wholesale market business units at 2000 Yuan above 5000 Yuan following fine; plot serious of, can at 5000 Yuan above 20000 Yuan following fine.

    29th article violates these rules, farm produce wholesale markets, retail marketing and business units are not incoming inspection, registration system established by the municipal agriculture and animal husbandry departments be ordered to rectify, and market and business units can be fined a maximum of 10000 Yuan more than 20000 Yuan.

    30th production and sale of harmful farm products cause harm to others, and shall bear the liability for damages.

    31st of agriculture and animal husbandry departments and relevant departments of dereliction of duty, abuse of power, favoritism, given administrative sanctions by the unit or the competent sector; suspects, transferred to judicial organs for handling.

    The sixth chapter supplementary articles 32nd article this way come into force on August 1, 2010.