Administrative Measures For The Development Of Non-Pollution Vegetables In Lanzhou City

Original Language Title: 兰州市无公害蔬菜发展管理办法

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(Lanzhou municipal people's Government at the 15th Executive meeting, July 2, 2003 August 5, 2003 in Lanzhou municipal people's Government [2003] 4th release) Chapter I General provisions article in order to promote the development of pollution-free vegetables, strengthen the management of pollution-free vegetables, protect people's health, according to the relevant regulations of the State, combined with the city's actual, these measures are formulated.
    Second approach applies within the administrative area of the city of non-pollution vegetable production, operation and management.
    This approach by said no pollution-vegetables, is refers to origin environment, and pesticide and the fertilizer using, and products quality meet Gansu province place standard Lanzhou city no pollution-vegetables (DB62/800 – 2002,DB62/T801~803 – 2002) and production process meet Gansu province place standard Lanzhou city no pollution-vegetables production technology procedures, by certification qualified get certification certificate and allows using no pollution-agricultural identifies of vegetables and primary processing products.
    Vegetables include potatoes in these measures, property, and the lilies.
    Article city Administrative Department of agriculture is the non-polluted vegetable developing and management of administrative departments, monitoring of agricultural products of its bodies responsible for oversight in the detection of pollution-free vegetables.
    In each County, the district administrative authorities responsible for the administration of the pollution-free vegetable in development and management.
    City departments of business administration, in accordance with its functions and powers, is responsible for the management of pollution-free vegetables.
    Quality, environment, health, water resources, financial and other relevant administrative departments for industry and commerce, shall, within the scope of their respective duties, in collaboration with the development of pollution-free vegetables and management.
    Article fourth of agricultural administrative departments shall, together with the relevant administrative departments, establishment of pollution-free vegetable quality and safety standard system, technology extension system and inspection system to monitor and implement national and local standards, establishment of pollution-free vegetable in production and operation of an important part of testing sites, strengthen supervision and inspection.
    Administrative Department of agriculture agricultural monitoring organs, shall use advanced inspection methods, technologies and equipment, inspection and monitoring of pollution-free vegetable sampling, regular or irregular disclosure of objective, scientific, accurate and impartial inspection monitoring data reports.
    Non-polluted vegetables production operators shall establish a strict self-censorship, for the production and management of pollution-free vegetables for self test self test; no self test self test capability of producers and operators shall entrust established according to law and with qualified professional inspection bodies to carry out testing.
    Non-pollution vegetables production operators and professional inspection bodies for pollution-free vegetables for self test self test and testing, monitoring of agricultural products shall be subject to competent departments of agriculture administration agency business guide.
    Article fifth types of market economy in accordance with the regulations, engaged in non-pollution vegetable production and business activities, founder of non-polluted vegetables production organizations and specialized market of pollution-free vegetables for sale, distribution and service network.
    Chapter II the cognizance and article sixth of production of non-pollution vegetable production bases should be established.
    Agricultural administrative departments shall, in accordance with unified planning, rational distribution and coordinated development of the principles of preparing construction of non-pollution vegetable production base and annual plans, submitted to the municipal people's Government for approval.
    Preparation of non-pollution vegetable production base construction and annual plans shall comply with the city's plan for national economic and social development and urban planning.
    Location of pollution-free vegetable base and defining, shall comply with the national and provincial and municipal laws and regulations, the provisions of regulation, meet the local standard of the pollution-free vegetables in Lanzhou city, Gansu province of the environment quality (DB62/T801-2002).
    Seventh non-pollution vegetables production base to implement the cognizance system.
    With a certain amount of vegetable production enterprises, rural collective economic organizations, farmers and others involved in vegetable production units and individuals (hereinafter referred to as vegetable production), are eligible for non-pollution vegetable production bases finds.
    Identification by non-polluted vegetable production bases of agricultural administrative departments in charge, and identified specific measures and procedures in accordance with the relevant provisions of the State.
    Vegetables production who application no pollution-vegetables production base finds, should to where County, and district agricultural administrative competent sector proposed written application and submitted following material: (a) production base of regional range and production scale; (ii) no pollution-vegetables of production planning and plans; (three) production base of environment description; (four) production management system, and production technology specification and products quality guarantees measures; (five) related professional technicians and management personnel roster; (six) agricultural administrative competent sector provides of other about material.
    Article eighth County and district departments of agriculture administration after the receipt of non-pollution vegetable production bases finds that the application shall be replied within the 10th; reporting for eligible city audit departments of agriculture administration, does not meet the conditions of grant reporting, and notify the applicant in writing.
    City Administrative Department of agriculture received reports of non-pollution vegetable production bases finds application, should work in the 10th to complete the examination; in accordance with the relevant provisions of the State program for eligible unified approval, does not meet the conditions of grant approval, and reasons to the applicant in writing.
    Identified and obtained certification of pollution-free vegetable production base by the municipal departments of agriculture administration uniform announced to the public.
    Non-pollution vegetable production base certificate is valid for 3 years.
    Non-pollution vegetable production bases should be set badges badges shall be indicated in the base area, the product name, producers and so on.
    Nineth in non-pollution vegetable production base and its protection zone, prohibit the following acts: (a) the emission of waste gas, waste water, dumping of garbage and waste, (ii) the use of wastewater and sewage irrigation; (c) construction, reconstruction, expansion may cause pollution to the environment, life and other construction projects, (iv), the prohibition of the use of pesticides and fertilizers.
    Article tenth of non-pollution vegetable production in accordance with local standard of the pollution-free vegetables in Lanzhou city, Gansu province, pesticide use guidelines (DB62/T802-2002) provides variety of interval, dosage, frequency, methods, and security, safety and rational use of pesticides.
    Agricultural administrative departments shall organize, guide and supervise the non-polluted vegetable production in accordance with the provisions of the use of pesticides, and to promote efficiency, low toxicity and low-residue pesticides, gradually guide the use of bio-pesticides and bio-technology.
    Prohibiting the use of highly toxic, highly toxic, high residue or carcinogenic, teratogenic, mutagenic chemicals.
    Shall be promptly published by the Administrative Department of agriculture prohibits the use of the pesticide directory.
    11th non-pollution vegetables production shall in accordance with Lanzhou city, Gansu province, the local standard of pollution-free vegetable fertiliser use guidelines (DB62/T803-2002) of the use of fertilizers.
    Pollution-free vegetable fertilizer, should be dominated by organic fertilizer, fertilizer supplement and fertilizer requirement regularity of crops, soil nutrient-supply situation and the effect of fertilizer, the implementation of balanced fertilization.
    Soil pollution caused by the fertilization, water pollution or affect crop growth, not up to quality standards, pollution-free vegetable production should cease using fertilizers, and timely reports to departments of agriculture administration.
    Prohibition of the use of nitrate-nitrogen and nitrate nitrogen-containing fertilizer, compound fertilizer and not harmless and fully composted organic fertilizer.
    Prohibition of all kinds of production, solid waste used as fertilizer.
    12th of non-pollution vegetable production and production management system manual.
    Non-pollution vegetables production manual produced by the competent administrative departments of agriculture and County and district agricultural administrative departments in charge to issuing and supervising the management of the non-polluted vegetable production, townships and towns shall be responsible for day-to-day management.
    No pollution-vegetables production who should strictly according to production technology procedures requirements, for Standardization production, and will production process in the of following matters truthfully records in production manual in the: (a) seed or seedlings of source, and varieties; (ii) soil processing situation; (three) irrigation water situation; (four) disease, and pest occurred situation; (five) pesticide using situation; (six) fertilizer using situation; (seven) vegetables harvest, and storage and the sold situation.
    13th in agriculture, environmental protection, water conservancy administrative departments, they shall respectively on the pollution-free vegetable seeds, pesticides, fertilizers and other inputs, production base of environmental protection and pollution control, production base construction of water infrastructure and strengthen the supervision and management of water quality.
    City, County and district agricultural Administrative Department of monitoring bodies and of their agricultural products vegetables, should be carried out on non-polluted vegetable production supervision and management, according to regular inspection and detection manual on registration matters; non-polluted vegetable production in the receiving inspection and testing, should faithfully reflect the situation and provide information such as production records.
    Chapter certification and logo article 14th vegetable product certification and labeling system.
    Product certification of pollution-free vegetables, in accordance with the relevant provisions of the State program.
    Pollution-free vegetable product identification certification organization, coordination and management by the municipal departments of agriculture administration, quality supervision, and administrative departments in charge.
    15th vegetable production within the scope of non-pollution vegetable production base, are eligible for certification of pollution-free vegetable products.
    Application for certification of pollution-free vegetables, must to be approved by the relevant State authorities, a qualified certification bodies apply in writing, and submit the following materials: (a) the certificate of non-pollution vegetable production bases, and related materials; (b) the Handbook of non-polluted vegetables production; (c) the certification of other materials sought by the Agency in accordance with the relevant provisions of the State.
    16th certified certification of pollution-free vegetable catalogue by city Administrative Department, quality supervision, and administrative departments to the public.
    Pollution-free vegetable product certification is valid for 3 years. During the period of certification of pollution-free vegetables, production certification from the ambit of the vegetable varieties shall be made to the original product certification agency to bid for certification procedures.

    17th green vegetable products certified after certification, agricultural administrative departments and competent administrative departments shall, in accordance with the certificate of quality supervision provided the variety, quantity, timely issuance of pollution-free agricultural products to non-pollution vegetables production logo, and its use of supervision and management.
    Certification of pollution-free vegetables and identifies pollution-free agricultural products, only non-polluted vegetables production for personal use, may not be lent, sold, traded, or otherwise available to others.
    Identification of forgery, fraudulent use of pollution-free agricultural products.
    18th were pollution-free vegetable production in vegetable products certification, can be specified in the certificate of product, packaging, labelling, advertising, instructions on the use of pollution-free agricultural identity.
    Identified use pollution-free agricultural products, shall not exceed the certification provisions of variety and quantity range.
    Pollution-free vegetable market, pollution-free agricultural products should be accompanied by a logo.
    The fourth chapter deals in 19th Government support and encourage agricultural industrialization enterprises to establish production base for pollution-free vegetables, production and sale of non-polluted vegetables production operators can take chanxiaoguagou, one, chain distribution and other form of production and operation activities, pollution-free vegetable producers can enter the market outlets for homegrown vegetables.
    Management of pollution-free vegetables of all kinds of wholesale markets, retail markets and shopping malls, supermarkets, should establish stable supply relationships with the pollution-free vegetable base.
    Operator shall purchase from the source of pollution-free vegetables strengthen inspection, ensuring that the business of pollution-free vegetable safety approval.
    Article 20th vegetable wholesale markets and shopping malls, supermarkets, and shall provide the Department of business administration and departments of agriculture administration and called for the establishment of pollution-free vegetables and testing points, with vegetable monitoring bodies to train qualified personnel.
    21st sale of pollution-free vegetables, pollution-free agricultural products should be accompanied by a logo; access to wholesale sales of pollution-free vegetables, pollution-free vegetables should also be accompanied by a certificate of origin; the primary processing and packaging of pollution-free vegetables, production unit shall be marked on the packaging and origin.
    Department of business administration and quality supervision, industrial and commercial administrative departments should be regular monitoring of pollution-free vegetable market check, and review listed sales of pollution-free vegetables of the attached certificate of origin identification and pollution-free agricultural products, the agricultural administrative departments can be sampling and measurement of pollution-free vegetables, sampling and measurement results shall be announced to the public.
    Sampling and measurement of pollution-free vegetables, should include the organophosphate pesticide residues and carbamate pesticides residues and so on.
    Article 22nd of pollution-free vegetables of all types of wholesale markets, retail markets and shopping malls, supermarkets, and shall establish a pollution-free vegetable distribution area, the preservation and health and take the appropriate measures to ensure the sale of pollution-free vegetables separate from the objects that might cause pollution to vegetables.
    Shopping malls, supermarkets, vegetables must be pollution-free vegetables.
    23rd's sales into the City field vegetables, pollution-free vegetables should be accompanied by local agriculture administration departments at or above the county level and their respective monitoring authority of agricultural products of vegetable origin certificates and pollution-free agricultural products identified; not accompanied by a certificate of origin of pollution-free vegetables and identification of pollution-free agricultural products, not listed for sale.
    The pollution-free vegetable sold to field should be according to the provisions of the Government sold, accompanied by city or County and district departments of agriculture administration monitoring authority and the agricultural products of vegetable origin certificates and identifies pollution-free agricultural products.
    24th prohibits the use of loading chemical fertilizer, pesticides, dung and other potentially contaminated vegetables without cleaning up pollution-free means of transport carrying vegetables.
    Prohibit the use of potentially contaminated vegetables of apparatus installed pollution-free vegetables.
    Prohibition of the use of non-drinking water wash sale of pollution-free vegetables.
    Fifth chapter article 25th agricultural administrative departments and other departments of business administration, shall, together with the relevant departments and units, establishment of pollution-free vegetable market system, supply and demand forecasts, forecasting and early warning of pollution-free vegetables, for vegetable producers, operators and consumers to provide technical guidance and information, and other related service activities as needed.
    26th of non-pollution vegetable production, management, implement traceability system.
    No pollution-vegetables of production, and early processing, and packaging, and transport, and storage (preservation), and sales, all link, are should comply with related standard, meet technology procedures requirements, and on main matters and corresponding of technology index for records; found not meet security standard and quality standard of products Shi, agricultural administrative competent sector should with about sector, dates back occurred problem of link, held about responsibility units and personnel of responsibility.
    27th exit system for pollution-free vegetables of substandard products.
    Failed to pass the test of pollution-free vegetables should be dealt with in accordance with the following provisions: (a) carried out by the administrative authorities shall order the owner harmless treatment; (b) the Department of agriculture administration ordered producers to stop production, and (iii) have been sold, the Department of business administration ordered operators of bulletin recalled.
    Substandard pollution-free vegetables of harmless treatment shall be competent departments of agriculture administration monitoring bodies under the supervision of agricultural products; not for treatment, shall be destroyed; the owner refuses to deal with, by the competent departments of agriculture administration monitoring body to deal with agricultural products, the cost borne by the owner.
    28th kindergartens, primary and secondary schools, large, colleges collective canteens and hotels and restaurants open to the public, the vegetables must be used in its food ingredients are innocuous vegetables.
    Supply of vegetables to force must be pollution-free vegetables.
    Article 29th agricultural monitoring agencies in the detection of pollution-free vegetables, in addition to state-mandated testing fees shall not be charged other fees.
    The sampling and measurement of pollution-free vegetables, shall not charge a fee.
    Article 30th vegetable production, operators on monitoring bodies and disagrees with the results of the test point, may apply to the competent administrative departments of agriculture agricultural monitoring body for review.
    Sixth chapter legal responsibility 31st article violation this approach provides, has following behavior one of of, by agricultural administrative competent sector on get no pollution-vegetables origin finds certificate of vegetables production who be warning, ordered deadline corrected; late not corrected of, according to origin finds program reported to the revoked its no pollution-vegetables origin finds certificate: (a) origin environment or agricultural input products not meet Gansu province place standard Lanzhou city no pollution-vegetables provides requirements of; (ii) unauthorized expanded origin range of;
    (C) vegetables three consecutive batches of substandard after testing or sampling.
    32nd article violation this approach provides, lent, and transfer, and sale or to other way for others using no pollution-agricultural identifies, and forged, and take with no pollution-agricultural identifies of, by agricultural administrative competent sector ordered stop violations, sentenced 1000 Yuan above 5000 Yuan following of fine, and with city quality prison administrative competent sector recovered no pollution-agricultural identifies; constitute crime of, drew attention to the judicial organ law held criminal.
    33rd article violates these rules, beyond identification of pollution-free agricultural products, by the administrative departments of agriculture and the Department of quality supervision Administration ordered to correct, punishable by more than 300 yuan 1000 Yuan fine.
    34th of non-pollution vegetable production in violation of the rules are not matters related to facts as required in the production of the manual, the Department of agriculture administration rectification is punishable by fines of less than 20 Yuan and 100 Yuan.
    35th article violation this approach provides, has following behavior one of of, by trade administrative competent sector be warning, ordered deadline corrected; late not corrected of, sentenced 500 Yuan above 1000 Yuan following of fine: (a) business no pollution-vegetables of various wholesale market and Mall, and supermarket not by provides record, or not established detection points, and equipped with detection personnel of; (ii) business no pollution-vegetables of various market and Mall, and supermarket not set no pollution-vegetables sole district of; (three) Mall, and supermarket sales non-no pollution-vegetables of;
    (D) kindergartens and school canteen, opened to the public in hotels and restaurants by non-vegetable food materials (v) to supply the forces of non-pollution-free vegetables.
    36th article no pollution-vegetables operators violation this approach provides, has following behavior one of of, by trade administrative competent sector ordered corrected, sentenced 50 Yuan above 100 Yuan following fine: (a) not will no pollution-vegetables and other may on vegetables caused pollution of items phase separation of; (ii) violation no pollution-vegetables transport, and loaded sheng, provides of; (three) using non-life drinking water washing no pollution-vegetables of.
    37th other acts in violation of these rules, by the administrative departments of agriculture and commerce, quality supervision, environmental protection, sanitation, irrigation, industrial and commercial administrative departments in their respective statutory mandates, in accordance with the relevant provisions of the relevant laws, rules and regulations of the State shall be punished.
    38th article two a and two level above administrative competent sector on no pollution-vegetables production, and operators of production, and business behavior are has supervision, and check management right of, shall not on same matters for repeat check; on same violations, shall not give two times above fine of administrative punishment; has implementation check or administrative punishment of administrative competent sector, should will check and on violations of investigation situation told related administrative competent sector.
    Referred to in the preceding paragraph two, two, two more times, all contain this number. 39th on the relevant administrative departments administrative penalties in accordance with these measures appeal and apply for recognition and certification of non-pollution vegetable producing areas, and relevant competent administrative departments shall not handle also failed to reply within the prescribed, the parties concerned may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    40th, agriculture, Commerce, administrative departments and vegetable monitoring agency staff, in the pollution-free vegetable management, monitoring of dereliction of duty, abuse of power, favoritism, and by their work units or higher authority, impose administrative sanctions; if the case is serious enough to constitute a crime, he drew attention to the judicial organs shall be investigated for criminal liability caused economic loss, should also be liable.
    Seventh chapter supplementary articles article 41st vegetable processing and its products do not apply to the measures for the administration.
    42nd vegetable origin identification and certificate of origin and vegetable products authentication and identity management, is specifically provided for by laws and regulations, from its provisions specific provisions had yet been made by the municipal departments of agriculture administration, quality supervision, in conjunction with the competent administrative departments to develop appropriate management rules and procedures, and submitted to the municipal people's Government for approval.
    43rd of non-polluted melon, fruit production, operation and management, in accordance with the measures implemented.
          44th article of the rules take effect on October 1, 2003.