Market Access For Agricultural Products In Hebei Province Approaches

Original Language Title: 河北省农产品市场准入办法

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(On January 7, 2008 Hebei Province Government 93rd times Executive Conference considered through on March 19, 2008 Hebei Province Government makes [2008] 8th, announced since on May 1, 2008 up purposes) first chapter General first article for strengthening agricultural quality security supervision management, maintenance public health and life security, according to People's Republic of China agricultural quality security method, and State on strengthening food, products security supervision management of special provides, about legal, and regulations of provides,
    Combined with the facts of the province, these measures are formulated.
    Second administrative region of this province in the wholesale markets, farmers ' markets and other markets and supermarkets, distribution centers and other market activities of sales of agricultural products, should comply with these measures.
    Article agricultural products mentioned in these measures refers to comes from agricultural commodities, agricultural activities for plants, animals, microorganisms and their products.
    Market access of agricultural products mentioned in these measures refers to in accordance with the provisions of the laws, regulations and rules, certified pollution-free agricultural products, green food, organic produce and meet quality and safety standards required by the State allowed sales of agricultural products, without a certification or test banned the sale of agricultural products did not meet national standards of quality and safety management system.
    The fourth people's Governments above the county level unified leadership and coordinate the work within the administrative area of agricultural market access, establishing and perfecting the agricultural products market access system and to promote its implementation.
    Districts, people attack the House responsible for within the administrative area of agricultural market access programmes, and submitted to the provincial people's Government for the record.
    The fifth agricultural administrative departments in the people's Governments above the county level shall be responsible for the supervision and administration of market access of agricultural products within the administrative area.
    People's Governments above the county-level industry and commerce, health, quality supervision, business, and other relevant departments according to their respective duties, agricultural market access related work.
    The sixth agricultural products market access, in accordance with the unified plan, step by step, step by step, the principle of continuous improvement, varieties, in stages, step by step.
    Since July 1, 2008, the wholesale market in the city divided into districts, supermarket sales and distribution center of vegetables, fruit, animal products and aquatic products, market access, access to specific varieties by District municipal people's Government in accordance with the local regulations.
    Since January 1, 2009, at the County (City) urban wholesale market, supermarket sales and distribution center of vegetables, fruit, animal products and aquatic products, market access, access to specific species by County (City) people according to local regulations. December 31, 2010, wholesale markets, farmers ' markets within the administrative area of the province and other kinds of markets and supermarkets, distribution centers and other kinds of market sales of all agricultural products, market access.
    Apart from this section, second paragraph, is provided for in the third paragraph of agricultural species and geographic scope outside, access to specific content and timing by District municipal people's Government in accordance with the local regulations, but should be consistent with the People's Republic of China agricultural product quality security law and other relevant laws, provisions of the regulations.
    Chapter II package and the seventh test in accordance with the national and provincial regulations should be packages or attaching identifying agricultural products, packaging or additional identification before they can go on sale. Article eighth packaging market of agricultural products, shall be marked on the packaging or attached logo, indicating the name, country of origin, the name of the producer or seller, production date.
    Grading standards or use of additives, quality grade or additive name should also be labelled.
    No packaging of agricultural products, should take the additional labels, signage, logos, brochures and other forms of marking products name, place of production, the producer or the seller name and so on.
    The Nineth sales of pollution-free agricultural products, green food, organic produce and other agricultural products of the right to use the quality mark, shall mark the corresponding logo and license-issuing organs. X article meet following conditions one of of agricultural, can exemption into market sales: (a) in certification validity within of no pollution-agricultural, and green, and organic agricultural, by certification identifies; (ii) by statutory detection institutions test meet national quality security standard of with a agricultural, by effective of qualified proved; (three) and agricultural sales market signed sales contract of no pollution-agricultural finds origin production of agricultural, by origin proved and sales contract; (four) agricultural wholesale market sent pin of agricultural,
    By market hosted units issued of origin proved and detection report; (five) other meet quality security standard of agricultural, by County agricultural administrative competent sector or township government, and village, and farmers professional cooperation economic organization, issued of origin proved and detection report; (six) implemented Sentinel slaughter and made quarantine qualified logo of pork, by quarantine qualified logo, other law need implementation quarantine of flora and fauna and products, except by above about proved outside, also needed provides quarantine qualified logo, and quarantine qualified proved.
    11th wholesale markets, farmers markets, supermarkets, distribution center should be set up or delegate the quality and safety testing organization, to enter the market of agricultural products quality and safety checks of the State and public results, found not to conform to the State standards of quality and safety of agricultural products shall not be allowed to enter the market, and shall not resell or other operators in other markets and shall report to the Administrative Department of agriculture.
    Identification of prominent positions in the business place certificates, test results public. 12th sellers of wholesale markets and farmers ' markets, supermarket incoming inspection of agricultural products must be established, distribution center system verification the supplier qualification, verify the certification of products and product identification, and purchase ledger and sales ledger, faithfully record the flow of product varieties, specifications, quantity, and so on. Purchase ledger and sales ledger period shall not be less than two years.
    Seller shall provide the supplier according to the production batch, ask for inspection and testing agency that meets the statutory criteria report copy of the inspection report or signed or stamped by a supplier; does not provide inspection reports or copies of inspection reports of the agricultural product or check does not meet standards of quality and safety of agricultural products, may not be sold.
    13th hotels, restaurants and school cafeterias, kindergarten cafeteria, canteens, room service centre collective catering, dining unit shall establish and implement incoming inspection and acceptance system, establish a sound cable cable system must not purchase test or of unknown origin agricultural products.
    14th agricultural production enterprises should be responsible for its production of quality agricultural products, and found that it produced agricultural products are unsafe, can cause damage to human health or safety, shall be announced to the public for information, notify the seller to stop sales, advised consumers to stop using, voluntarily recalled products, and report to the Department of agriculture administration.
    Sellers found that sales of its agricultural products are unsafe, can cause damage to human health and safety, should immediately stop the sale of the agricultural product, notify the manufacturer or supplier, to report to the Administrative Department for industry and commerce, and returned to the dealer in a timely manner or destruction, sound processing and other effective measures.
    Chapter III safeguard system construction of the 15th people's Governments above the county level agricultural administrative departments shall, in accordance with local conditions, and constantly improve the quality and safety inspection and testing systems, agricultural products quality and safety supervision system, perfect the management system.
    16th wholesale markets, farmers ' markets and other markets and supermarkets, distribution centers and other agricultural products in all kinds of market entities shall establish a sound examination acceptance sampling quality, issues voluntary recall of agricultural products, substandard agricultural product return, save such as purchase and sales ledgers and quality traceability system equipped with agricultural products quality safety supervisors.
    The people's Government above the county level agricultural, industrial and commercial supervision and management departments should strengthen the agricultural products quality safety supervision and professional training of management personnel.
    17th agricultural enterprises and farmers ' specialized cooperative economic organizations in agricultural production should be established archives, record inputs used in agriculture, pest control, and so on.
    18th to encourage agricultural production enterprises, farmers ' specialized cooperative economic organizations develop, implement strict corporate internal control standards, cognizance and the quality certification of agricultural products, production of high quality agricultural products. Fourth chapter 19th of supervision and inspection departments of people's Governments above the county level agricultural administration should implement market access of agricultural products quality safety supervision.
    Provincial departments of agriculture administration should timely release of inspection results.
    20th article County above government agricultural administrative competent sector in agricultural quality security supervision check in the, can on production, and sales of agricultural for site check, survey understand agricultural quality security of about situation, check out, and copy and agricultural quality security about of records and other information; on by detection not meet quality security standard of agricultural, law seized, and seized, supervision for harmless of processing or concentrated destroyed.
    21st people's Governments above the county level agricultural, industrial and commercial administration in supervision and inspection or spot market testing found did not meet standards of quality and safety of food, it shall identify those responsible, be dealt with according to law, or proposed recommendations.
    Fifth chapter legal liability 22nd Governments above county level agricultural, business and other relevant regulatory agency and its staff shall carry out its oversight responsibilities, or dereliction of duty, abuse of authority or engages, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    23rd violates these measures set forth in the seventh, eighth and Nineth, sales of agricultural products not in accordance with the provisions of the packaging or attached logo, by the competent administrative Department of the people's Government above the county level agricultural rectification; it fails, may be fined a maximum of 2000.
    24th article violates this way 11th section, wholesale markets, farmers markets, supermarkets, distribution center is not required for checks and publicized results, agricultural administrative departments in the people's Governments above the county level shall order rectification fails, may be fined a maximum of 2000 Yuan and 20,000 yuan.
    25th disobey the 13th article of agricultural products procurement is not qualified or unknown, health administrative departments under the people's Governments above the county level rectification; it fails, may be fined a maximum of 2000.
    26th article violation this approach 14th article provides of, by County above government agricultural, and business, and health, and quality prison, and business, supervision management sector according to their duties, ordered production enterprise recalled products, sellers stop sales, on production enterprise and at goods value amount three times times of fine, on sellers and at 1000 Yuan above 50,000 yuan following fine; caused serious consequences of, by original sent card sector revoked license as.
    27th article violates provisions of the first paragraph of this article 16th, agriculture or industrial and commercial administration departments at or above the county level rectification; it fails, may be fined a maximum of 500 Yuan and 10,000 yuan. 28th laws and regulations on administrative penalties and punishment of other provisions prevail.
    However, for the same offence shall not be punished.
                                                                                            Sixth chapter supplementary articles article 29th these measures shall take effect on May 1, 2008.