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Shanghai, Shanghai Municipal People's Government On The Revision Of The Decision Of The Interim Measures For The Supervision Of Edible Agricultural Products Safety

Original Language Title: 上海市人民政府关于修改《上海市食用农产品安全监管暂行办法》的决定

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(The 43rd ordinary meeting of the Government of the Shanghai City, held on 28 June 2004, considered the adoption of Decree No. 30 of 3 July 2004 on the People's Government of the Shanghai City, effective 1 October 2004)

The Government of the city has decided to amend the provisional approach to the safe regulation of food use in the Shanghai City as follows:
Article 6 adds a paragraph as paragraph 7:
Integrated urban management law enforcement agencies affiliated with the Governments of the various regions (zone) are responsible under the law for the seizure of roads outside the trade market and for the unwarranted operation of an offence.
Paragraphs Page
In accordance with the provisions of laws, regulations, regulations and regulations, the municipalities' Quality Technicians, the Municipal Health Agency, the Municipal Chamber of Commerce and Industry, the Urban Environment Agency, the Municipal Agroforestry Agency and the Upper Sea Access Control Authority should be functional in each division to strengthen coordination and communication of the safe regulation of agricultural products and to organize joint law enforcement in the priority areas.
Article 23, paragraph 1, was amended to read:
The creation of a market for food-use agricultural transactions should be consistent with development planning, setting conditions and technical norms. The development planning and establishment of the food-for-food-professional market is proposed by the municipality's counterparts, such as the Municipal Agricultural Commission, the Municipal Chamber of Commerce and Industry and the Municipal Health Agency, following approval by the Government of the city.
Article 33 was amended to read:
The establishment of livestock dying sites (points) should be based on targeted planning and in compliance with legal, regulatory, national standards and relevant professional technical norms; large-scale biomass livestock dying should also be certified through the relevant professional quality system.
The planning of the veterans of the city is developed by the Municipal Council with the City Agricultural Commission, the Urban Planning Authority, the Urban Environment Agency, the Urban Health Agency, which is organized by the municipality following the approval of the Government of the city, and the planning of the veterans of the city, which is developed by the people of the various districts (the district) in accordance with the planning requirements established by the city's people.
The dying of livestock in this city should be carried out in accordance with the provisions of the Act of the People's Republic of China, the Food Health Act of the People's People's Republic of China and the Code on the Control of Synamic and Physical Quality of Life. Upon the quarantine, testing of qualified livestock products, sanitary surveillance bodies and poultry-point slaughter slaughters should be provided by law with a certificate of eligibility for a product quarantine and a test of the quality of physical goods and an indication of the release.
Paragraphs Page
In addition to the lock-ups such as supermarkets, livestock products and active chicken dealers should be carried out in eligible food-using markets.
Acultry products and chicken into a market transaction, the start-upers of the market should be able to check the identification of the product quantification certificate, the physical test of qualifications, and the parties may allow them to enter the transaction.
The livestock products and the chicken retailers should purchase livestock products and live chicken from the licensed market established by law (including targeted smugglers).
The production of livestock produced by the retailers of livestock products should have valid product quantification certificates and prequalification certificates for physical quality tests; active chicken producers should have effective quantification certificates.
In addition to allowing for active chicken transactions in the planned trading market, the city shall not engage in other active and poultry transactions without the approval of the municipality.
Paragraphs (ii) and (iii) of article 38 were amended to read as follows:
In violation of article 31, paragraph 1, of the present approach, the establishment of a poultry slaughter (point) was not limited to the legal, regulatory, national standards and relevant professional technical norms, which were being restructured by the municipal council or the relevant authorities; and that the period of time had not been met by the requirement would be dealt with in accordance with the relevant laws, regulations and regulations.
In violation of article 31, paragraph 1, of the present scheme, the production of livestock products and the handling of chicken chicken in the eligible food-using market are not carried out in a conditionable food-using market, which is subject to a fine of 1000 dollars in the business administration, in violation of article 31, paragraph 2, of the scheme, and in the case of a fine of 30,000 active workers in the region, and the acquisition of products by a non-resident in the business sector.
The Provisional Approach to Safeguarding Agricultural Products in Shanghai City has been revised accordingly in accordance with this decision and has been re-issued upon the changes in the name and part of the adjustment.
This decision has been implemented effective 1 October 2004.

Annex: Provisional approach to safe regulation of food use in Shanghai City (Amendment 2004)
(Act No. 105 of the Supreme People's Government Order No. 105 of 23 July 2001 on the revision of the Decision of the Government of the Shanghai City of 3 July 2004 on the revision of the provisional approach to food security in the Shanghai City)
Chapter I General
Article 1
In order to enhance the security management of the production of food products, to prevent the contamination of food products and the harm to humans, to guarantee human health and life safety, and to develop this approach in line with the relevant national laws, regulations and regulations.
Article 2 (Definition)
The food-used agricultural products referred to in this approach refer to planting, breeding, unprocessing or primary processing products that could be used by human beings, including vegetables, legs, cattle, livestock, and their products and water products.
The security regulation described in this approach refers to the Government's supervision of the production, operation and related activities of food-used agricultural products by law, in order to guarantee human health and life safety.
Article 3
The production of food-used agricultural products should be guided by the promotion of the standardization of agriculture, the strengthening of technical guidance through improved production base environments, the strengthening of the management of agro-industry production information, and the introduction of safe sanitation throughout the process of production of food products.
The operation of food-using agricultural products should be guided by the market, establish market restraint and industrial self-regulation mechanisms, focus on monitoring the processing chain, improving the management responsibility for the quality of safe sanitation in all types of markets, and timely detection and detection of the use of food products in violation.
Article IV
Governments at all levels of the city and their relevant sectors and the media should conduct awareness-raising on the quality of food-use agricultural production, raise awareness of the quality of safe sanitation for food-used agricultural products and preserve the legitimate rights of consumers.
Units and individuals are encouraged to make recommendations and observations on the management of the quality of food-using agricultural products in the Government and to report on violations of the production and operation of food products.
Chapter II
Article 5
The Government of the city has established the Safeguarding Leading Group for Food and Agriculture in Shanghai City.
The Shanghai City Food Safety Regulatory Team is responsible for the development of policies related to the safe regulation of food-use agricultural products, the identification of priority areas and matters for the safe regulation of food-use agricultural products, the coordination of law enforcement work on the safe regulation of food-use agricultural products and other important matters for the safe regulation of food-use products.
The People's Government is responsible for the safe regulation of food-use agricultural products within the current administration and is responsible for organizing implementation.
Article 6
Agricultural administrative authorities are responsible for the planning and organization of the food-use production base, in accordance with their legal, legislative and regulatory responsibilities, for the production, operation, use, supervision of production, production and use of advanced agricultural technologies, such as fertilizers, pesticides, veterinary feeds, feeding and feeding additives.
The economic circulation authorities are responsible for industrial management in the area of food circulation, industrial management and safety regulation of the processing of livestock and poultry products, industrial management of the circulation of water products, and monitoring management of the food-using market, the agro-industry products trade market in collaboration with the relevant sectors.
The quality technical supervision sector, in accordance with its legal, regulatory and regulatory responsibilities, is responsible for the implementation of national and industrial standards for food-use products and for the development and monitoring of local standards.
The Health Administration is responsible for the supervision of safe sanitation in the area of processing and circulation of agricultural products, in accordance with its legal, legislative and regulatory responsibilities.
The business administration is responsible for overseeing the operation of food products, in accordance with the legal, regulatory and regulatory responsibilities.
The Environmental Protection Administration, in accordance with its legal, regulatory and regulatory responsibilities, is responsible for the guidance and supervision of the environmental situation of the food-use production base.
Integrated urban management law enforcement agencies affiliated with the Governments of the various regions (zone) are responsible under the law for the seizure of roads outside the trade market and for the unwarranted operation of an offence.
The Quarantine sector is responsible for the inspection and monitoring management of food-used agricultural products, in accordance with its legal, legislative and regulatory responsibilities.
Article 7
The relevant administrations such as the city planning, land, finance, transport and public safety, within their respective responsibilities, contribute to the safe regulation of food-use products.
Article 8
In accordance with the provisions of laws, regulations, regulations and regulations, the municipalities' Quality Technicians, the Municipal Health Agency, the Municipal Chamber of Commerce and Industry, the Urban Environment Agency, the Municipal Agroforestry Agency and the Upper Sea Access Control Authority should be functional in each division to strengthen coordination and communication of the safe regulation of agricultural products and to organize joint law enforcement in the priority areas.
Article 9
(a) The establishment of a system of standards for the quality of food security for agricultural products, the implementation of national mandatory standards, the development and implementation of local standards for the quality of safe sanitation of agricultural products;
Article 10
AWAE should play an industrial self-regulatory role in assisting government agencies in the management of food-use production activities.
To encourage and support the relevant industry associations to develop and implement industrial norms for the production of food products, provide guidance and services to members on the provision of information and technology, and urge members to engage in the production of food-use products in accordance with the law.
Article 11
The Government encourages and supports the establishment of brokering services to provide management advice, technical advice, product testing and standardized guidance for food production and operation activities.
Chapter III Safety regulation of food production
Article 12
People's governments and their sectors should develop plans for the production of agricultural products consistent with safety-health quality standards, based on natural conditions in the region, land-use planning and the production characteristics of food-use products, and provide the necessary support in terms of funding.
Planning sites for the food production base should be consistent with national and local requirements for environmental quality standards.
Article 13
Sectors such as the Urban Agriculture Commission, the Urban Environment Agency, the Urban Agroforestry Agency should guide and monitor the construction of the food-use production base in accordance with their respective responsibilities.
Avian livestock breeding, storage, slaming, aquaculture waters should be constructed and managed in accordance with national legislation, regulations and regulations and in accordance with national provisions on safe sanitation.
Article 14.
Removal of heavy metals, nitrate, oil, acid, hydration, hydride, hydro, hydro, hydro, radioactive wastewater and untreated sewered salts or dumping, filling hazardous waste and living waste.
Article 15
In the production of vegetables, legs and fruits, the rational use of fertilizers, pesticides should be made in accordance with national regulations and technical requirements. Science is encouraged to use production materials such as organic fertilizers, microbiological fertilizers, biological pesticides and land degradation.
In the production of livestock, milk and water products, the use of veterinary drugs, feeds and feeds should be reasonably used in accordance with the provisions of the State and the city.
Article 16
The city has established a safe and safe sanitation tracking system for food products.
In production activities, quality records should be established to document the use of pesticides, fertilizers, veterinary drugs, feeds and feed additives, as well as sanitary, quarantine, etc. to ensure the traceability of products.
The non-production base should document the use of production materials such as pesticides, fertilizers, veterinary medicines, feeds and feed additives, taking into account the management modalities of the production base.
The implementation of the food safety and health follow-up system for agricultural products has been developed by the Urban Agriculture Commission, the Municipal Council, in accordance with their respective responsibilities, and implemented separately.
Article 17
The city has established a safe and qualified testing system for the quality of food and agricultural production.
The production base should carry out a safety and health quality test of the food-products produced by it and provide a certificate of eligibility for products.
Primary processing and packaging of food products should mark the processing units of their products and the raw production base.
Article 18
The city has introduced a safety and health quality commitment system for producers who use food products.
Prior to the production market, the food-use production base should make commitments to the relevant supervisory management and operators in relation to the quality of the product before the production of the product, and other producers should commit to the operators to the quality of their products before they are given the market.
The safety and health quality commitment system for food-used agricultural producers is implemented by the Urban Agriculture Commission and the Municipal Council in accordance with their respective responsibilities.
Article 19
This city introduces a system of recognition of high-quality products for food security.
The food-using producers, in accordance with the relevant provisions, may mark the high-quality mark of safe sanitation after granting authorizations for the recognition and approval of quality health products.
Article 20
In accordance with the relevant provisions, the city has introduced a planned immunization against livestock in order to impose a mandatory immunization against poultry diseases that seriously endanger the production of human and breeding. The sanitary monitoring bodies at all levels should strengthen the monitoring of the production and distribution of livestock and its products in the current administration.
The sanitary monitoring bodies at this municipal level should quantize livestock and its products. Acquired poultry and its products are derived from quantification certificates by sanitary surveillance bodies, which should also be accompanied by an indication or an envelope.
Article 21
Acultry breeding, dying, breeding sites have found unqualified or ill-treated, deadly and unaccounted for livestock and their products, zooes and their products, diarrhoeals with sanitary livestock should be sent proactively to designated poultry sites.
Other productive sites have been found to be pre-existing, and producers should be treated in an environmentally sound manner under the guidance of the sanitary monitoring bodies or be sent to designatedized sites for environmentally sound treatment.
Article 2 (Preventions in production activities)
The following acts are prohibited in food production activities:
(i) The use of severe toxic, high-toxic and high-stop pesticides such as Amphetamine;
(ii) The use of salinic acid Krontoo (referred “female”), the use of substances such as veterinary, feeding and feeding as additiants;
(iii) The use of pseudony veterinary drugs as veterinary drugs or the use of veterinary drugs in violation of the provisions;
(iv) Other cases prohibited by law, regulations and regulations.
Chapter IV
Article 23
The creation of a market for food-use agricultural transactions should be consistent with development planning, setting conditions and technical norms. The development planning and establishment of the food-for-food-professional market is proposed by the municipality's counterparts, such as the Municipal Agricultural Commission, the Municipal Chamber of Commerce and Industry and the Municipal Health Agency, following approval by the Government of the city.
In developing development planning and setting conditions for the food-used agricultural market, advice should be sought from the relevant industry associations.
Article 24
All types of food-using markets should be allowed to operate in accordance with the legal provisions established by national enterprises and the conditions established by the licensed market, to obtain a health permit granted by the health administration and to register the business administration sector.
Article 25
In this city, the responsibility for the safe sanitation of the food-for-food-professional market is informed and committed.
The health, livestock and business administration sector should be informed, in writing, of the relevant legal provisions, rules of conduct and other responsibilities that they should comply with.
The food-using market starters should undertake commitments to the health, livestock, business administration sector to ensure compliance with the requirements for the quality of safety and health, and to compensate the operators for violations of consumer rights.
The responsibility for the safe sanitation of the food-used agricultural production market is informed and implemented in conjunction with the implementation of the commitment system by the municipal and business administration authorities.
Article 26
The city introduces a system of responsibility for the safety and health of food-use producers.
The owners of all types of food-used agricultural production markets and agro-industries have the responsibility to manage and meet the following requirements:
(i) Establish a safe health quality system with dedicated and functional food health managers;
(ii) The establishment of a safe and healthy release of food products;
(iii) A food-used agricultural testing, which is required for the testing of products and raw materials;
(iv) Organizing health inspections for food producers.
The owners of various food-use farming markets and agro-industries can clarify the responsibility for the quality of safe sanitation by entering into safe sanitation agreements with operators.
Article 27
In this city, the food-used agricultural operation was introduced.
The start-upers of the food-for-production market and the agro-industries should be established in the presence of a demonstration and established by the business administration sector.
The executive branch concerned is responsible for the disclosure of the licensor with the law in this market and for the necessary indications of matters to be taken into account in market management.
Article 28
The city has a high-quality food feeding system.
Industry associations are encouraged to recommend high-quality food products to society and to pursue good prices.
Industry associations are encouraged to lead high-quality food products such as supermarkets, locked business enterprises.
Article 29 (market testing)
The relevant administrative services in the city should improve the quality of food safety and health for agricultural products and provide professional testing data for administrative and law enforcement oversight activities.
The food-for-food-producing market, supermarket distribution centres and large-scale food-processing enterprises in the city should be equipped with safe sanitation quality testing facilities, equipped with specialized testing personnel and established the corresponding testing schedule and management system.
Other food-used agricultural operators in this city may carry out their own product testing or may entrust the relevant social safety and health quality testing agencies with product testing.
Market tests identify non-qualified agricultural products, start-upers, distributors, supra-market distribution centres, food-processing enterprises or other food-using operators should stop their sale and transfer, in accordance with the relevant laws, regulations and regulations, and report in a timely manner on the business administration or the health administration sector.
Article 33 (Management of poultry dying sites (points)
The establishment of livestock dying sites (points) should be based on targeted planning and in compliance with legal, regulatory, national standards and relevant professional technical norms; large-scale biomass livestock dying should also be certified through the relevant professional quality system.
The planning of the veterans of the city is developed by the Municipal Council with the City Agricultural Commission, the Urban Planning Authority, the Urban Environment Agency, the Urban Health Agency, which is organized by the municipality following the approval of the Government of the city, and the planning of the veterans of the city, which is developed by the people of the various districts (the district) in accordance with the planning requirements established by the city's people.
The dying of livestock in this city should be carried out in accordance with the provisions of the Act of the People's Republic of China, the Food Health Act of the People's People's Republic of China and the Code on the Control of Synamic and Physical Quality of Life. Upon the quarantine, testing of qualified livestock products, sanitary surveillance bodies and poultry-point slaughter slaughters should be provided by law with a certificate of eligibility for a product quarantine and a test of the quality of physical goods and an indication of the release.
Article 31
In addition to the lock-ups such as supermarkets, livestock products and active chicken dealers should be carried out in eligible food-using markets.
Acultry products and chicken into a market transaction, the start-upers of the market should be able to check the identification of the product quantification certificate, the physical test of qualifications, and the parties may allow them to enter the transaction.
The livestock products and the chicken retailers should purchase livestock products and live chicken from the licensed market established by law (including targeted smugglers).
The production of livestock produced by the retailers of livestock products should have valid product quantification certificates and prequalification certificates for physical quality tests; active chicken producers should have effective quantification certificates.
In addition to the planned trading market, the city may not engage in other dynamic transactions without the approval of the municipality.
Article 32 (Regulation of livestock and products in the city)
Avian and its products enter the city and should be subject to preventive surveillance in accordance with the State's prequalification certificates for the sectors involved in the caring area, and in the designated city's trajectory.
The sanitary surveillance sector in the city should take effective measures to strengthen the monitoring of livestock and products entering the city.
Article 33 (Lurrability of business)
The environmentally sound treatment of unqualified food products in the course of the operation is carried out in accordance with the provisions of Article 21 of the scheme for the environmentally sound treatment of products.
Article 34 (Promoting information on the safety of agricultural products)
Regulators should address the salient problems regarding the quality of safe sanitation in food-use agricultural markets and be published in a timely manner through various channels, indicating that consumers take appropriate identification measures.
Article 35 (Prohibiting sales)
The sale of salinary products, such as pyrethroids, vegetables, pyrethroids, high-continuation pesticides, and the products of ranium containing hazardous ingredients such as “red meat” and other food products that are not in compliance with national mandatory standards are prohibited by law, regulations, regulations and regulations.
Article 36 (Procurement by unit groups)
Collective meal units such as restaurants, hotels, hospitals, schools, institutions and other business causes should give priority to the procurement of food-using products from food-using enterprises that are not in a safe quality record, with priority being given to the procurement of high-quality food products.
Significant public activities, major conferences, procurement of food-used agricultural products, should be carried out by specific sub-office units to test food-used agricultural products to competent inspection bodies.
Chapter V Legal responsibility
Article 37 (Administrative penalties that violate the safe regulation of the production of food products)
In violation of article 14 of this approach, the release of heavy metals, nitrate salts, hydrocarbons, acid, hydrates, hydrates, hydrates, radioactive waste and untreated sewerage from the production base for food-used agricultural products and other productive places is punishable by the Environmental Protection Administration in accordance with article 52 of the Shanghai Regulation on Environmental Protection, or by the Agriculture Administration, in accordance with article 33 of the Basic Agricultural Protection Regulations of the People's Republic of China.
In violation of article 15, paragraph 2, of the present approach, in the production of livestock, milk, water products, the use of veterinary drugs, feeds and feed additives, in accordance with the provisions of the State and the city, is punishable by a fine of up to 30,000 dollars.
In violation of article 16, paragraph 2, of this scheme, the production base has not been established in production activities, has not been established in accordance with the provision for a quality record or a quality record, resulting in a failure to trace the use of production materials such as pesticides, fertilizers, veterinary, feeds and feed additives, which are converted by the responsibility of the pesticide fertilizer or veterinary pyrethroids surveillance sector; the refusal to reproduce the penalty of more than 5,000 dollars.
In violation of article 17, paragraph 3, of this approach, primary processing, packaging of food-used agricultural products, processing units and original production base that are not subject to the product packaging and are warned by the quality technical supervision sector and are responsible for correction.
In violation of article 21, paragraph 1, and article 33, of this approach, it is not dealt with in a manner that is not dealt with by law and is addressed in accordance with article 46 of the People's Republic of China Act on animal protection.
In violation of article 22, paragraph (i), the use of severe toxic, high-toxic and high-imposed pesticides, such as Amphetamine phosphorus, is punishable under article 40 of the National People's Republic of China Pesticides Management Regulations.
In violation of article 22, subparagraph (b), of this approach, the use of hazardous substances such as “cry” and the name of a green as veterinary, feed and feed additives is to be discontinued by the veterinary feeding monitoring department and, where appropriate, fines of up to 3,000 dollars.
In violation of article 22, paragraph (iii), of this approach, the use of pseudoephinary medicines as veterinary medicines or the use of veterinary drugs is punishable by the veterinary pharmacological surveillance service and, where appropriate, by fine of up to 3,000 dollars.
Article 338 (Administrative penalties for the safe regulation of the operation of food products)
In violation of article 29, paragraph 2, of this approach, the absence of a safe sanitation quality test facility with professional test personnel and the establishment of a corresponding system for testing work protocols and management are being rectified by the health administration; the refusal to change is punishable by a fine of over 3,000 dollars. In violation of article 29, paragraph 4, of this approach, market tests have not stopped the sale and transfer of non-qualified agricultural products or have not been reported in a timely manner in the business or in the health administration sector, with a fine of up to 30,000 dollars in the business or health administration sector.
In violation of article 31, paragraph 1, of the present approach, the establishment of a poultry slaughter (point) was not limited to the legal, regulatory, national standards and relevant professional technical norms, which were being restructured by the municipal council or the relevant authorities; and that the period of time had not been met by the requirement would be dealt with in accordance with the relevant laws, regulations and regulations.
In violation of article 31, paragraph 1, of the present scheme, the production of livestock products and the handling of chicken chicken in the eligible food-using market are not carried out in a conditionable food-using market, which is subject to a fine of 1000 dollars in the business administration, in violation of article 31, paragraph 2, of the scheme, and in the case of a fine of 30,000 active workers in the region, and the acquisition of products by a non-resident in the business sector.
In violation of article 32, paragraph 1, of the present approach, the carriers in transport activities were fined by an animal protection inspectorate, which had not been transported at the designated municipal border.
In violation of article 33, paragraph 5, of the scheme, the sale of vegetables, cranes such as pyrethroids, high-toxic, high-exclusive pesticides, and the products of avian livestock containing hazardous components such as “what wasting”, is punishable by the health administration in accordance with article 42 of the People's Food Health Act.
Article 39 (Legal responsibility for overseeing the management body)
In the management and supervision of food-used agricultural products, staff members of the executive branch misuse their functions, provocative fraud, negligence, bribes are subject to administrative disposal by the superior authorities; and constitute crimes and are held criminally by law.
Annex VI
Article 40
This approach has been implemented effective 1 September 2001.