In Sichuan Province, The People's Republic Of China Implementation Measures For The Law On Quality Safety Of Agricultural Products

Original Language Title: 四川省《中华人民共和国农产品质量安全法》实施办法

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In Sichuan province, the People's Republic of China implementation measures for the law on quality safety of agricultural products

    (February 17, 2009, Sichuan provincial people's Government, the 26th Executive meeting on March 24, 2009, Sichuan provincial people's Government promulgated as of June 1, 2009, No. 233) article in accordance with the People's Republic of China Law on quality safety of agricultural products, in Sichuan province, these measures are formulated.

    Article engaged in agricultural production, operation and management activities in the administrative area shall comply with these measures. Article within the respective administrative areas and local people's Governments at or above the county level of agricultural products quality safety supervision and management responsibility. Agricultural products quality safety supervision and administration in the Government assessment goals, into the national economic and social development planning, which incorporate the infrastructure construction of the capital master plan, which incorporate the budget requirements.

    Establishing and perfecting the supervision management system, inspection system and technical extension services system.

    The township (town) people's Governments to guide agricultural production and business activities and services, strengthen daily supervision and management of quality and safety of agricultural products.

    Fourth local people's Governments at or above the county level shall agriculture (planting, breeding and fisheries) the competent authorities responsible for supervision and administration of quality safety of agricultural products; relevant departments of the local people's Governments at or above the county level in accordance with the Division of responsibilities, is responsible for the quality and safety of the work. Fifth provincial departments of agriculture administration in accordance with terms announced information about the quality and safety conditions.

    Edible farm product quality safety information published shall, in accordance with the People's Republic of China food safety law the relevant provisions. Sixth article should comply with the relevant national standards of quality and safety of agricultural products.

    Edible farm product quality standards shall be in accordance with the People's Republic of China Law on food safety regulations.

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

    Seventh administrative departments of local people's Governments at or above the county level shall agriculture is responsible for the quality and safety standards of the organization.

    Eighth administrative departments of local people's Governments at or above the county level shall agriculture according to the regional agricultural product characteristics and environment quality status, the agricultural Division, planning and supervision.

    Local people's Governments at or above the county level of agricultural administrative departments shall appoint a qualified testing agency, agricultural production areas of soil, water, air and other environmental elements of monitoring, preparation of agricultural safety status and development trend of reporting on a regular basis, and report to the Administrative Department of agriculture at a higher level for the record.

    Nineth local people's Governments at or above the county level shall develop plans and adopt comprehensive measures, enhancing standardized agricultural production base construction of competent administrative departments should promote guarantees the quality and safety of agricultural standardization demonstration bases, demonstration farms, farming communities (field) and not require the construction of animal and plant diseases, guidance of agricultural producers in accordance with standards of quality and safety of agricultural products production.

    Tenth administrative departments of local people's Governments at or above the county level shall agriculture does not consider it appropriate where specific agricultural production, regional proposals should be the so-called prohibition of the production, by the provincial departments of agriculture administration expert verification, ratified and published by the people's Governments at the corresponding level.

    Adjust banned production district, in accordance with the provisions of the preceding paragraph.

    11th people's Governments at the county level should be prohibited by the Administrative Department of agriculture production areas identified, containing the banned production district, four to scope, size, prohibition of the production of the agricultural product types, kinds of pollutant, ratifying, set up dates and so on.

    Without authorization, no unit or individual is allowed to move, and damaged identity.

    12th provincial departments of agriculture administration should be systematically monitored in the following regional settings, monitor the origin and safety changes:

    (A) industrial and mining enterprises of the surrounding agricultural area (field);

    (B) the cities suburban agricultural production area (field);

    (C) the main production areas of farm products (field), the production of non-pollution agricultural products and agricultural products with local characteristics;

    (D) other areas that need monitoring.

    City (State), County (city, district) administrative departments should strengthen the origin and safety of agriculture under routine monitoring. 13th administrative departments of local people's Governments at or above the county level shall agriculture should accelerate the cognizance of pollution-free agricultural products, encourage, support agricultural producers applying for green food and organic food production bases finds.

    After being found qualified, should be setting the corresponding signs at the base.

    Achieved certificate of production base for pollution-free agricultural products, green food, organic produce, are not allowed to change its name, size, scope, types of production.

    14th local people's Governments at or above the county level should be encouraged to support pollution-free agricultural products, green food, organic certification, strengthen the protection of registration of geographical indications of agricultural products. 15th no unit or individual is prohibited to agricultural emissions or dumping of waste gas, waste water and solid waste or other hazardous substances. Prohibiting agricultural stacking, storage and disposal of industrial solid waste.

    Prohibition of waste gas, waste water, solid waste or other hazardous substances to discharge or dump, stowage, storage and treatment areas to establish zones (courts, pool).

    Agricultural producing area around stacking, storage and disposal of industrial solid waste, effective measures should be taken to prevent harmful to agricultural safety.

    16th agricultural environmental change or when new pollution sources around the origin, agricultural production should timely report to the local administrative Department of environmental protection and agriculture.

    17th administrative departments of local people's Governments at or above the county level shall agriculture should enhance the quality and safety of agricultural producers of knowledge and skills training, organization of agricultural research institutions and agro-technical popularization setups guide agricultural producers in implementing relevant technical requirements and procedures, scientific and rational use of agricultural inputs, promotion of integrated control of agricultural technology.

    18th administrative departments of local people's Governments at or above the county level shall agriculture should be prescribed by the State ban, are eliminated and the restrictions on the use of the list of agricultural inputs and other information to the public in a timely manner.

    19th agro inputs business operators shall establish agricultural product purchase and sales ledgers, record input name, specification, quantity, suppliers and their contact information, into retail sales, sales to content, retained for periods of not less than two years; should issue a sales document to buyers, correct description of agricultural inputs used and considerations.

    Ban the sale of illicit production, as well as against the substandard pesticides, veterinary drugs, fertilizers, feed and feed additives, animal husbandry and veterinary apparatus or other additives.

    Quality and safety of agricultural inputs has problems, manufacturers should recall, managers should stop selling, consumers should stop using, and reports to the relevant regulatory authorities. 20th agricultural producers should be rational use of fertilizers, pesticides, veterinary drugs, animal feed and feed additives, such as agricultural inputs.

    Prohibition against, out of agricultural inputs.

    Article 21st agricultural enterprises, farmers ' specialized cooperative economic organizations shall establish production records, faithfully recorded the following:

    (A) the name of the use of agricultural inputs, production companies, place of purchase, the purchase quantity, product approval number, usage, dosage, use dates, disable dates, withdrawal period, interval;

    (B) the occurrence and control of animal diseases, plant diseases, pests;

    (C) the date of harvest, slaughter, fishing. Farm production records shall be kept for two years.

    Ban on fake agricultural production records.

    22nd article in the agricultural production process the following actions are forbidden:

    (A) use against agricultural inputs;

    (B) excess ultra-using national restricting the areas of agricultural inputs;

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

    (D) use of pharmaceuticals for human use for animals;

    (E) harvest, harvest, slaughter did not meet safety interval, agricultural withdrawal period;

    (F) the prohibition of the production area, prohibition of the production of kinds of produce;

    (VII) use of hydrazine compounds are used in live animals, such as drainage of bile;

    (VIII) other behaviors prohibited by laws, rules and regulations. Article 23rd speeding up edible farm product quality and safety market access system.

    Types of edible agricultural products market access, market types, and implementation time, confirmed and announced by the city and State Governments.

    Who need access to the provisions included in the system list of edible agricultural products marketing, produce the certificate of origin and quality safety of agricultural products quality certificate issued by the testing organization to enter the market; inspection according to law, quarantine, inspection, and quarantine certificates to enter the market.

    24th agricultural vehicle, padding materials, packaging and containers shall conform to the national requirements, such as sanitary, phytosanitary and animal epidemic prevention, agricultural products must not be mixed with toxic and hazardous materials transportation.

    When you need cold storage transport, storage of agricultural products, shall be equipped with cold storage facilities.

    25th agricultural wholesale markets, farmers ' markets, shopping mall (supermarket), the opening of stores, distribution centers, and shall fulfil the following obligations:

    (A) the seller signing the quality and safety of agricultural products and operating agreement, clear quality and safety responsibilities;

    (B) identification of the entry inspection and quarantine of agricultural products sales certificates and product identification;

    (C) ensure the premises clean and disinfected on a regular basis on site and the use of equipment, appliances;

    (D) found that sales in the market do not meet the standards of quality and safety of agricultural products, sellers should be required to immediately stop selling, and to report to the local agricultural, industrial and commercial administrative departments.
26th the seller of agricultural products should be responsible for the sales of agricultural products quality safety and purchase shall examine the agricultural inspection and quarantine certificates, product identification and labeling, certification program, faithfully record the product name, country of origin, quantity, dealer, service, date of production, purchase, and so on.

    Access to wholesale markets, farmers ' markets, shopping malls (supermarket), stores selling agricultural products, the seller should be in the booth (counters), prominently hanging sign, indicating sales of agricultural commodity, origin, production date, shelf life, test certificates, quarantine in accordance with law, shall meet the quarantine certificate.

    27th engaged in wholesale business of sellers and in centralized trading venue sales of self-produced agricultural products production enterprises shall establish sales records, facts wholesaling or selling agricultural product name, country of origin, quantity and flow and so on. Agricultural product sales records shall be kept for two years.

    Prohibit falsification of sales of agricultural products.

    28th sales of pollution-free agricultural products, organic foods, organic produce certified products and geographical indications of agricultural products should be packaged, but fresh except for livestock, poultry and aquatic products.

    Compliance packaging after unpacking the direct sales to consumers of agricultural products, can no longer be packaged separately.

    Article 29th packaged agricultural products shall comply with the following requirements:

    (A) the use of packaging materials and preservatives, preservatives, additives shall comply with the national mandatory technical specifications;

    (B) the package of health and epidemic prevention, utensils, water shall conform to the relevant provisions, had the necessary refrigeration facilities, sterilization equipment

    (C) the packaging of personnel health in conformity with the packaged agricultural products safety and health conditions.

    To print, paste, printing, logo, mark directly on the agricultural product, the materials used shall conform to the requirements of food safety and hygiene.

    Article 30th packaged sales of agricultural products, shall be marked on the packaging or attached logo, indicating the name, origin, producer, production date, shelf life, etc.

    Packaged sales of agricultural products has grading criteria shall clearly indicate the quality class; using additives, should indicate the name and content of the additive.

    31st is forbidden to forge, and beyond the use of pollution-free agricultural products, green food, organic produce and other quality labels and geographical indications of agricultural products.

    32nd of agricultural products under any of the following circumstances shall be marketed:

    (A) contain the prohibition of use of pesticides, veterinary drugs and other chemical substances;

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

    (E) the quarantine inspection and quarantine inspection according to law or having not passed quarantine inspection;

    (Vi) others do not meet the quality and safety standards.

    Article 33rd competent administrative departments of local people's Governments at or above the county level agricultural of agricultural products quality safety supervision and inspection, and shall exercise the following powers:

    (A) significant changes in the agricultural environment, organizations testing organizations carry out on-site checks; the operation of agricultural production, packaging, and warehousing premises on-site inspections;

    (B) to the parties and other interested persons about the quality and safety of the situation read and copy relates to operation of the production, records, files, notes, books, agreements, certificates and other relevant information;

    (C) on the prohibition of use of agricultural inputs and does not meet standards of quality and safety of agricultural products is subject to seizure, detention in accordance with law.

    Article 34th to establish the quality and safety monitoring system. Local people's Governments at or above the county level shall entrust the competent administrative Department of agriculture agricultural products quality and safety testing organizations to comply with the statutory requirements or market conduct supervision and inspection of agricultural products, may not charge to selected people, not duplicate checks.

    Agricultural product inspection results by the provincial departments of agriculture administration in accordance with the permissions to the public.

    35th out of legally binding inspection report or entrusted to assume control of government supervision and inspection of the quality and safety testing organization, shall comply with the relevant national laboratory qualification, qualification accreditation and technical staff requirements.

    Article 36th competent administrative departments of local people's Governments at or above the county level agricultural law the agricultural products quality and safety inspection tests, were carried out shall not be refused.

    To detect substandard agricultural products, by local people's Governments at or above the county level agricultural administrative department or industrial and commercial administrative departments according to their respective duties.

    Spot checks of people have objections about test results, in accordance with the People's Republic of China agricultural product quality security law provisions of 36th.

    37th local people's Governments at or above the county level should establish and improve the quality and safety of early warning systems and response mechanisms. Article 38th competent administrative departments of local people's Governments at or above the county level agricultural produce should be established producers and sellers violation record-keeping system.

    There are records of illegal producers and sellers of agricultural products should increase supervision and inspection frequency of detection.

    39th in violation of these rules, People's Republic of China Law on quality safety of agricultural products as provided by laws and regulations, according to their investigation.

    40th article violates this article 11th paragraph, or move or damage identification banned production district, by a competent administrative departments of local people's Governments at or above the county level agricultural rectification, can be fined a maximum of 1000 Yuan.

    41st disobey 13th article by local people's Governments at or above the county level agricultural Administrative Department shall be ordered to correct, and in accordance with the following penalties:

    (A) modification of pollution-free agricultural products, green food, organic agriculture certificate of origin name, size, scope, types of production, more than 2000 Yuan and 10,000 yuan fine;

    (B) lack of cognizance certificate or the certificate of the establishment of origin identification badges, fined a maximum of 1000 Yuan.

    42nd article violation this approach 19th article first paragraph provides, not established, and save into retail sales Taiwan account or not to purchase who issued sales voucher of, by County above place Government agricultural administrative competent sector ordered its deadline corrected; late not corrected of, at 200 Yuan above 1000 Yuan following fine; not to purchase who description or not right description agricultural input products using, and method and note matters, to agricultural input products using who caused loss of, law be compensation.

    43rd in violation of the provisions of article 21st, by a competent administrative departments of local people's Governments at or above the county level agricultural rectification; fails, fined a maximum of 2000. 44th article violates one of the provisions of this article 22nd, by local people's Governments at or above the county level agricultural Administrative Department of correction is given a warning and fined a maximum of 2000 Yuan and supervising the production of harmless agricultural products processing, to harmless treatment cannot be supervised the destruction of and fined a maximum of 5000 Yuan and 30,000 yuan.

    Causing significant harm to human health and safety or risks, compensation in accordance with law.

    45th in violation of the provisions of the first paragraph of article 24th, local people's Governments at or above the county level agricultural administrative departments or other relevant Department in charge shall command a correction, monitor its harmless treatment of contaminated agricultural products; to harmless treatment cannot be supervised the destruction and more than 5000 Yuan and fined a maximum of 20,000 yuan.

    46th article violates this article approaches 25th, found that sales of agricultural products do not meet the quality and safety standards, undeclared and continue to allow the sale, local people's Governments at or above the county level agricultural administrative authorities shall order to stop selling, and fined a maximum of more than 5000 Yuan and 30,000 yuan.

    47th in violation of the provisions of article 27th, by local people's Governments at or above the county level agricultural administrative departments of correction and fined a maximum of 2000, in which violations to engage in wholesale business, the seller, by the Administrative Department for industry and Commerce investigated and dealt with.

    48th violates the first paragraph of this article 36th, refused to accept the supervision and checking of testing, by local people's Governments at or above the county level agricultural Administrative Department of correction can be fined a maximum of between 2000 Yuan and 200 Yuan.

    49th transfer, destroy, conceal the executive authorities has been sealed, seizure of agricultural products, agricultural inputs, by the public security organs in accordance with the People's Republic of China public security penalty law constitutes a crime, criminal responsibility shall be investigated according to law.

    50th of agricultural products quality safety supervision and management personnel to perform their supervisory duties, or abuse of power, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    51st article this approach by said agricultural input products, is refers to in agricultural production process in the using or added of material, including seed, and seedlings, and species animal, and pesticide, and veterinary drugs, and fertilizer, and feed and feed additives, agricultural production and film, and livestock veterinary devices, and plant protection mechanical, agricultural engineering material, and in agricultural production, and packaging, and transportation process in the using or added of has may effect agricultural quality security of other material.

    Edible agricultural products mentioned in these measures refers to the planting, breeding, harvesting, fishing and agricultural production activities, for human consumption of animals and plants, micro-organisms and their products. 52nd these measures shall come into force on June 1, 2009.