Interim Measures For The Edible Agricultural Products Safety Management In Ningbo

Original Language Title: 宁波市食用农产品安全管理暂行办法

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(August 28, 2002, Ningbo Municipal People's Government at the 37th Executive meeting on October 15, 2002, Ningbo Municipal People's Government announced the 103th) Chapter I General provisions article in order to strengthen food production, management of security management to prevent the harm of pollution and harmful factors of edible agricultural products, improve the quality of edible agricultural products, according to the provisions of relevant State laws and regulations, combined with the municipality, these measures are formulated.
    Second, within the administrative area of the city, and edible agricultural products-related production, operation and management of units and individuals, must comply with these measures.
    Article of edible agricultural products mentioned in these measures, by means of planting, breeding, the formation of fishing for human consumption products and their directly processed products, including animal products and plant products, microbial products.
    Safety management in these measures refers to relevant administrative departments in order to ensure food quality and safety of agricultural products, in accordance with the edible agricultural products production, supervision and management of the business and its related activities.
    Article fourth of edible agricultural products producers and dealers of edible agricultural products should be production, transportation, sales and other areas for effective control and management, in accordance with the provisions of these measures bear edible farm product quality safety responsibility.
    Fifth of municipal and County (City) and district people's Government shall strengthen the quality of edible agricultural products safety planning and organizational leadership, and establish and improve edible farm product safety supervision and management system, guiding and supervising the quality of edible agricultural products producers and operators to strengthen the security work, promoting the quality of edible agricultural products safety has improved continuously.
    Sixth agricultural, forestry, marine and fishery, trade, industry and commerce, quality and technical supervision, public health, environmental protection, Department of entry-exit inspection and quarantine administration according to statutory duties, responsible respectively for edible agricultural products safety management related work.
    Food, planning, finance, land and natural resources, transport, public security and other relevant administrative authorities, within the scope of their respective duties, assists edible farm product safety supervision and management of the work.
    Article seventh edible agricultural products producers, operator self-regulation by industry associations should play a role to assist the relevant government departments for edible agricultural products safety management of production and operation activities.
    Encourage and support industry associations to develop and implement food production, management of industry standards, provide members with guidance and information and technology services, urge members engaged in the production of edible agricultural products, business activities according to law. Eighth article this city established, and perfect and following edible agricultural quality security related of management system: (a) products quality standard system, in implementation national about mandatory standard of based Shang, developed and implementation edible agricultural quality security of place standard; (ii) technology promotion system, support carried out edible agricultural quality security aspects of scientific research and technology application work, encourages promotion advanced of planting, and plant protection, and processing, and preservation, and packaging, and storage, and transport technology, for producers, and operators provides technical guidance and service ; (Three) detection system, strengthening on edible agricultural quality security of statutory supervision detection, support engaged in edible agricultural security health quality detection of social intermediary service institutions, in production, and business important link established edible agricultural quality security detection points; (four) products quality certification and the logo using license system, recommended security health quality of edible agricultural, carried out edible agricultural quality security certification work, encourages application no pollution-agricultural, and green, and organic food of products certification; (five) information service system
    , For the production, management and consumption of edible agricultural products to provide information services, support to set up the intermediary service organization, for edible agricultural products production and business activities to provide management consulting, technical advice, product standardization guidance and other services.
    Nineth Government and related departments and information units shall improve their knowledge of edible farm product quality safety awareness, increased consumption of agricultural producers, operators and consumer awareness of food quality safety of agricultural products.
    Tenth consumers entitled to edible farm product quality safety of agricultural products to producers and operators query; you can also complain to the relevant administrative departments.
    Any unit and individual have the right to the illegal production, management of food agricultural report.
    Chapter II security 11th people's Governments at various levels shall, according to the local agricultural production and agricultural ecological environment, strengthen the construction of edible agricultural products of environment and governance, gradually improving agricultural ecological environment and agricultural ecological environment protection and coordinated economic and social development, according to local conditions to develop quality of edible farm products. 12th production of edible agricultural products should select a suitable area.
    Edible agricultural products shall comply with the environmental conditions of edible farm product quality and safety requirements.
    13th people's Governments at various levels shall, in accordance with local natural conditions, land use planning and production characteristics of edible agricultural products, developed in accordance with standards of quality and safety of edible agricultural products production base development plan, there are plans to support, the building has a certain amount of edible agricultural products production base, and promote the development of industrialization of edible agricultural products.
    14th is forbidden to edible agricultural products production base and areas that may affect food production bases of agricultural products and environmental emissions do not meet emission standards of wastewater and untreated sewage containing pathogens, or dump or landfill of hazardous waste and household waste.
    Around the 15th of edible farm products production base has been established not new construction, reconstruction or expansion of polluting projects.
    16th in the consumption of agricultural products in the production process, shall, in accordance with the relevant regulations and technical requirements, scientific and rational use of fertilizers, pesticides, and encourage the use of organic fertilizer and microbial fertilizer and bio-pesticides and agricultural inputs such as degradable, prevent and reduce agro-chemical pollution of the soil and agricultural products.
    In the production of livestock and poultry and its products, aquatic products, storage, preservation, and in the process, should be used in accordance with the relevant provisions of veterinary drugs, aquaculture drugs, feed, feed additives and preservatives.
    For the production of edible agricultural products agricultural chemicals, biochemical products and other new varieties, new results, should meet the requirements of edible agricultural eco-environmental protection.
    17th article edible agricultural production activities in the using agricultural chemicals, and biochemical products, must comply with following provides: (a) shall not using legal, and regulations, and regulations or province, and City Government provides ban using of toxic, and high HIV, and high residues pesticide and veterinary drugs, and fishing drug, and feed, and feed additives; shall not Super range using regulations, and regulations or province, and City Government provides limit using of toxic, and high HIV, and high residues pesticide and veterinary drugs, and fishing drug, and feed, and feed additives;
    (B) without the approval of pharmaceuticals for human use must not be used as a veterinary drug, (iii) do not use without legal approval of fertilizers, pesticides, veterinary drugs, aquaculture drugs, feed, feed additives and preservatives.
    18th on the rules and regulations or provincial and municipal people's Government banned the sale of highly toxic, high pesticide residue, pesticide operator may deal, producers of edible agricultural products to buy.
    19th producers of edible farm products production base should be placed in special places of pesticides, fertilizers, veterinary drugs, aquaculture drugs, feeds, feed additives, preservatives and other agricultural inputs, edible farm product quality safety record established procedures, records the use of agricultural inputs and food epidemic prevention and quarantine of agricultural products, production to ensure the traceability of the product quality and safety.
    Other producers of edible agricultural products should be placed in special places of pesticide, fertilizer and other agricultural inputs, recorded the use of pesticides, fertilizers and other agricultural inputs and food epidemic prevention and quarantine of agricultural products, production to ensure the traceability of the product quality and safety. 20th edible agricultural products should be suitable for harvesting, slaughtering, fishing.
    Use of fertilizers, pesticides, veterinary drugs, drug delivery of agricultural inputs, such as edible agricultural products and fisheries, must meet the safety interval, taking drugs and qualified before the harvest, slaughter by the inspection or fishing.
    21st in the storage, transportation and processing edible agricultural products process steps should be taken to maintain inherent quality of edible agricultural products and features.
    Used during storage, transportation and processing of edible farm products containers, packaging, utensils and equipment, in compliance with the relevant health standards.
    22nd by primary processing, packaging of edible agricultural products and their packaging shall conform to the relevant standards and requirements.
    23rd food production bases of agricultural products should be in accordance with the relevant provisions of article quality for the production of edible agricultural products safety inspection, and provide quality certificates.
    Article 24th of livestock and poultry farms, slaughterhouses, farms on the detection, quarantine failed or died, unidentified livestock and poultry and its products, aquatic products, and infected livestock and poultry and its products, infected livestock and poultry waste, shall promptly take the initiative sent to the designated places for treatment.
    Found in other production sites of the circumstances prescribed in the preceding paragraph, producers shall be in animal epidemic prevention supervision institutions, marine and fishery administrative departments under the guidance of sound processing, or sent to the designated places for treatment. 25th producer production of edible agricultural products, pesticide residues and other toxic and harmful substances shall not exceed the standard.
    The edible agricultural products that have been produced, after testing their pesticide residue and other toxic and harmful substances in excess of the prescribed standards, producers should separate, destroy or restrict their use. 26th due to pollution by toxic and harmful substances, causing edible agricultural products cannot grow or output of edible agricultural products harmful to human health, approved by the people's Governments above the county level can be designated as agricultural pollution treatment, the Department of agricultural administrative departments in conjunction with environmental protection administration organizations to develop comprehensive control of agricultural pollution treatment plan, and supervise their implementation. Agricultural pollution control cost, borne by those responsible for causing pollution.
    Responsibility cannot be determined, no longer exists or unable to bear all costs and significant agricultural pollution control projects, environmental management plans should be integrated into all levels of people's Governments.
    Agricultural pollution control zone without governance, not producers of edible farm products, its product may not be used for processed foods. Chapter III operation safety
    27th article various edible agricultural wholesale market, and country market of opened who on into this market business of edible agricultural of quality security status has management of responsibility, and should reached following requirements: (a) established about of quality security system, equipped with full-time, and part-time quality security management personnel; (ii) established edible agricultural quality security circulation archives; (three) by provides carried out edible agricultural quality security test detection, obtained products and the raw materials test qualified proved.
    All kinds of edible agricultural products wholesale market, the opening of markets should be in accordance with the relevant provisions of signed with the operator entering market edible agricultural products quality safety of edible agricultural products the contract, clear quality and safety of their respective responsibilities.
    28th article of the city introduction of edible agricultural products wholesale market, market quality and safety system of duty and commitment.
    Industry and Commerce administrative departments shall, in writing, to the edible agricultural products wholesale market, started informing the market shall comply with the relevant legal provisions.
    Edible agricultural products wholesale market, markets opened its products quality and safety should be the responsibility, commitment to the administrative departments for industry and commerce to ensure quality and safety requirements of accountability, acts against the interests of consumers and operators to implement compensation.
    29th the establishment of credit management system of edible agricultural products the operator, for acts of breach of trust and trustworthiness carry out registration, publicity, the boot operators ' legitimate good faith and activities.
    30th food distribution operators of agricultural products quality safety of edible agricultural products must comply with the provisions of the health standards and requirements.
    Does not meet the requirements of the quality standards of safety and hygiene, edible farm products, no sales.
    Article 31st edible agricultural products may forge the origin, falsification or fraudulent use of certification marks, shall be no impurities, and doping fake, shoddy, not a substandard product off as a qualifying product.
    Management of edible agricultural products used in the containers, packaging, utensils and equipment, shall comply with the relevant health standards.
    32nd operating management of agriculture transgenic biological mark listed products must be identified according to the provisions on administration of agricultural genetically modified organisms identified or marked and shall comply with the relevant provisions of the safety management of genetically modified organisms.
    The 33rd article of the edible agricultural products wholesale market, markets, operating supermarkets of edible agricultural products, distribution centers and large food-processing enterprises should make the necessary edible farm product quality and safety testing facilities, are equipped with inspection personnel, and the establishment of appropriate testing procedures and management systems.
    Other edible agricultural products of this municipality can carry out product testing, may also appoint edible farm product quality and safety testing on quality testing agencies. Detected does not meet the quality of edible agricultural products safety standards, requirements, operating supermarkets, distribution center of edible farm products, food processing enterprise or any other operator of edible agricultural products may be sold or transferred, and shall promptly report to business, health administration or supervising agencies for animal epidemic prevention.
    Edible agricultural products wholesale market, the opening of markets, testing found that do not meet the quality of edible agricultural products safety standards, requirements, and should be put to the operator sells or transfers, and report business, health administration or supervising agencies for animal epidemic prevention.
    34th article of the livestock and poultry and its products in wholesale transactions should be subject to the conditions of edible agricultural products wholesale market or slaughter, but in accordance with the relevant provisions of the producers and supermarkets, distribution centers and other operators can be linked to direct otherwise.
    Before entering the wholesale market trading of livestock and poultry and its products, wholesale market start-up shall examine and quarantine certificates before they can allow entry of livestock and poultry and its products trading.
    Retail dealers should be legally established from the wholesale market or slaughter purchase livestock and poultry and its products.
    35th field of livestock and poultry and its products from entering the city, managers should legally carry origin issued by the supervising agencies for animal epidemic prevention and quarantine certificates, proof of vehicle disinfection, pest-proof, and pursuant to the relevant provisions in the designated crossing into, the vaccine oversight.
    Article 36th found in the course of business does not meet the quality and safety standards, requirements of harmless treatment of edible agricultural products, by the operator in accordance with article 24th of this approach of harmless treatment of products and production regulations.
    37th encourages the relevant industry associations, agencies to recommend social quality of edible agricultural products and the introduction of high quality and high price.
    Encouraging industry associations to guide operators priority management quality of edible agricultural products.
    38th article of the city, restaurants, hotels, hospitals, schools, government offices, army and other enterprises and other food establishments should be given priority from reputable, no bad record of safety and quality of edible agricultural product business enterprise procurement of edible farm products.
    Supervision and administration of the fourth chapter 39th municipal people's Government the establishment of edible agricultural products safety management coordination organization, responsible for research development of edible agricultural products safety management related policies and regulations, identifying priority areas and issues to edible agricultural products safety management to coordinate administrative enforcement of edible agricultural products safety management, dealing with major issues of edible agricultural products safety management.
    Counties (cities), the district people's Government is responsible for and organize the implementation of edible agricultural products safety management work in their respective administrative areas.
    40th agricultural administrative departments in charge of edible agricultural products production base planning and organizational development seed, fertilizer, pesticides, veterinary drugs, animal feed and feed additives, genetically modified organisms in agriculture production, distribution, use, supervision and management; the supervision of animal epidemic prevention and quarantine and its products plant quarantine.
    Forestry administrative departments in charge of edible forest products production base planning and organizational development, forest seed production, distribution, use, supervision and management.
    Administrative Department of fisheries and oceans is responsible for aquatic production bases of planning and construction, aquatic seed production and management, and aquatic products processing operation, use of fisheries medicines, fodder, feed additives, fishery environment supervision and management.
    Trade Administrative Department is responsible for the edible agricultural products circulation in the commercial industry, in collaboration with relevant authorities for edible agricultural products wholesale market, supervision and management of agricultural markets.
    Department of quality and technical supervision administration responsible for edible agricultural products national and industry-standard management and supervision and administration, local standards organizations in the development, publishing, and supervise their implementation.
    Health Administrative Department is responsible for the safety of edible agricultural products processing and circulation of health supervision and management.
    Entry-exit inspection and Quarantine Bureau is responsible for the supervision and administration of import and export food inspection and quarantine of agricultural products and.
    Administration of industry and commerce in accordance with management supervision and management for edible agricultural products.
    Administrative Department of environmental protection in accordance with the edible agricultural products production base and processing sites of the State of the environment monitoring and control.
    41st the relevant administrative departments should strengthen administration of edible agricultural products safety coordination and communication, and play to the overall administrative efficiency.
    42nd agriculture, forestry, marine and fishery administrative departments should be edible agricultural products production base establishment of long term environmental monitoring network, environmental monitoring and evaluation of edible agricultural products production, food production bases of agricultural products annually to the people's Government at the environmental quality and trend reports.
    Article 43rd relevant administrative departments should address prominent problems in the quality of edible agricultural products safety and health, made public through the public media in a timely manner, and to prompt consumers to take appropriate measures. 44th agricultural, fisheries and oceans, health, quality and technical supervision and administrative departments should strengthen the edible agricultural products pesticide residues, heavy metals and other toxic and hazardous substance detection work.
    Determined by the detection of pesticide residues, heavy metals or other harmful substances exceed the standard of edible agricultural products, sales, limit their use should be prohibited and can be ordered for treatment.
    45th article of the relevant administrative departments should improve the quality of edible agricultural products safety and health supervision and inspection, inspection methods.
    Lawfully established health quality of edible agricultural products safety testing and inspection body for administrative law enforcement quality of edible agricultural products safety and health oversight activities provide professional testing and inspection data.
    46th due to accidents or other emergencies occur, resulting or likely to result of edible farm products production base of environmental pollution, accidents, the parties must take immediate and decisive measures to prevent accidents expanded to inform the units and individuals who may be endangered by pollution, and to the local environmental protection, marine and fishery administrative departments or the supervising agencies for animal epidemic prevention reports for investigation and settlement.
    Environmental protection, marine and fishery administrative departments or the supervising agencies for animal epidemic prevention shall promptly in accordance with the edible agricultural products production base environmental pollution and accidents.
    Fifth chapter legal responsibility 47th in violation of the relevant provisions, stipulated by laws, regulations and rules have been punished accordingly, punished in accordance with laws, rules and regulations.
    48th article violates this article 16th paragraph, water in the process of product manufacture, storage, preservation, not complying with the provisions of fisheries medicines, feed and feed additives, preservatives, be ordered by the competent administrative Department of fisheries and oceans stop using, and punishable with a fine of less than 500 Yuan more than 5000 Yuan in serious cases and fined 5000 Yuan more than 20000 RMB fine.
    49th pesticide operators disobey article 18th sales regulations, rules or provincial and municipal people's Government banned the sale of highly toxic, high pesticide residue, the Department of agriculture administration ordered to stop the sale, and can be punished with more than 1000 10000 Yuan fines; the circumstances are serious, fined a maximum of 10000 Yuan more than 30000 Yuan. Edible agricultural products producers in violation of these regulations article 18th purchasing rules and regulations or provincial and municipal people's Government banned the sale of highly toxic, high pesticide residue, the Department of agriculture administration shall be ordered to correct, punishable with a fine of less than 200 Yuan more than 2000 Yuan.
    50th article violation this approach 19th article first paragraph provides, in edible agricultural production process in the, not established production quality security records procedures, led cannot dates back pesticide, and fertilizer, and veterinary drugs, and feed, and feed additives, and preservatives, agricultural input products using situation of, by agricultural administrative competent sector, and marine and fisheries administrative competent sector according to duties Division, ordered its corrected, and can sentenced 200 Yuan above 2000 Yuan following of fine. 51st article violation this approach 20th article provides, not implementation security interval period, and Hugh drug period system or by check not qualified and for harvest, and slaughter, and fishing edible agricultural of, by agricultural and marine fisheries administrative competent sector according to duties Division, ordered its stop harvest, and slaughter, and fishing; on has harvest, and slaughter, and fishing of edible agricultural, should take measures for sealed, and destroyed; on has sales of, ordered its announcement recovered, and destroyed the edible agricultural,
    And may be fined not more than 3000 more than 30000 Yuan.
    52nd disobey article 27th, edible agricultural products wholesale market, markets operate according to the provisions establish quality and safety system or not in accordance with the regulations on inspection of edible agricultural products entering the market, the Commerce, industry, health administrative departments or the supervising agencies for animal epidemic prevention according to the Division of responsibilities, shall be ordered to correct, punishable with a fine of less than 200 Yuan more than 2000 Yuan. 53rd breach of edible agricultural products to the way article 30th sales did not meet the quality and safety standards, requirements of edible agricultural products, industrial and commercial administrative authority shall order rectification and imposed fines of less than 500 Yuan more than 5000 Yuan in serious cases and fined 5000 Yuan more than 20000 Yuan fine.
    Sales of edible agricultural products are animal products, animal epidemic prevention supervision institutions in accordance with relevant regulations will be punished.
    54th edible agricultural products operators disobey the 33rd article, is not configured as required quality and safety monitoring facilities, equipped with part-time or full-time staff, the establishment of appropriate testing procedures and management systems, the administrative departments for public health shall order rectification, and punishable by a fine of less than 200 Yuan more than 2000 Yuan. Edible agricultural products breached provisions of paragraph III of this article 33rd, after testing found did not meet the quality and safety standards, requirements of edible agricultural products to sell or transfer, or fails to timely reports processed by the business or health administration, and health administrative departments for industry and Commerce according to the Division of responsibilities, a fine of 3000 Yuan more than 30000 Yuan fine.
    Does not meet the quality and safety standards, requirements of edible agricultural products are animal products, animal epidemic prevention supervision institutions in accordance with relevant regulations will be punished.
    Edible agricultural wholesale market, and country market of opened who violation this approach 33rd article third paragraph of provides, on by detection found of not meet quality security standard of edible agricultural not stop its sold or transfer, or not timely report business or health administration sector for processing of, by business, and health administration sector or animal epidemic prevention supervision institutions according to duties Division, sentenced 500 Yuan above 2000 Yuan following of fine.
    55th in violation of the measures set forth in the 24th, 36th, not harmless treatment or were not sent to the designated places for treatment, the Commerce, industry, health administrative departments or the supervising agencies for animal epidemic prevention according to the Division of responsibilities shall be ordered to correct it and fined 100 Yuan more than 2000 Yuan fine. 56th disobey 34th article of wholesale trading of livestock and poultry and its products, industrial and commercial administrative authority shall order rectification, and punishable with more than 1000 10000 Yuan fine.
    The circumstances are serious, punishable by more than 10000 30000 Yuan fine.
    Violation of paragraph II of this article 34th, wholesale market without inspection and quarantine certificate which allows entry of livestock and poultry and its products trading, the Department of agriculture administration fined 500 Yuan more than 2000 Yuan fine.
    Violation of paragraph III of this article 34th, retail dealers are not wholesale market or slaughter purchase livestock and poultry and its products, more than 200 by the administrative departments for industry and Commerce 2000 Yuan fine.
    57th through violence, threats and other methods to prevent edible farm product safety supervision and management of personnel performing official business according to law, are punished by the public security organs in accordance with the Regulations constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 58th in the edible farm product safety supervision and management administration staff, abuse, deception, negligence, bribe, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    The sixth chapter supplementary articles article 59th of wild edible agricultural products safety management, in accordance with the measures implemented.
                                                                                                      60th these measures come into force on December 1, 2002.