(Released on July 26, 2005, the Ministry of agriculture to 54th as of November 1, 2005) Chapter I General provisions article in order to promote the application of advanced agricultural machinery, maintenance of agricultural machinery users and producers and sellers of legitimate rights and interests, in accordance with the People's Republic of China Law on promoting agricultural mechanization and the People's Republic of China agricultural technology promotion Act, these measures are formulated.
Article experimental identification of agricultural machinery in these measures (hereinafter referred to as agricultural machinery identification) refers to agricultural machinery testing certifying agency (hereinafter referred to as accreditation bodies of agricultural machinery) through scientific testing, testing and evaluation, technical suitability, security and reliability evaluation of agricultural machinery, provide the basis for the selection and promotion of agricultural machinery and information activities.
According to the evaluation purpose is different, identification of agricultural machinery are divided into: (a) promotion and identification: a comprehensive evaluation of agricultural machinery and assessing suitability for promotion, (ii) the selection and identification: for similar agricultural machinery to test selected for use, (iii) the special identification: the special performance appraisal and evaluation of agricultural machinery. Article identification includes the appraisal of agricultural machinery and the provincial-level appraisal, voluntary application by agricultural producers or sellers.
Provincial identification through appraisal products.
Fourth Department of agriculture in charge of national agricultural machinery identification work, formulated and periodically adjusted, released guidelines for identification of national agricultural machinery products, plans, outline published identification.
The provinces, autonomous regions and municipalities of agricultural mechanization agricultural machinery identification of administrative departments in charge of the administrative work, developed and adjusted on a regular basis, publish the provincial agricultural machinery identification product guidelines, plans, outline published identification.
Fifth agricultural machinery identification uphold the principle of impartiality, public, scientific and efficient, to users, producers and sellers of agricultural machinery and social supervision.
Sixth through the identification of agricultural products according to law into national promotion of technology popularization of agricultural mechanization of subsidies, preferential credits, the scope of government procurement policy.
Agriculture (agricultural mechanization) administrative departments and agro-technical popularization setups through the identification of agricultural products should be promoted.
Agricultural machinery identification identification of the seventh chapter II competent administrative departments of the people's Governments above provincial level agricultural mechanization agricultural machinery identification of institutions.
Eighth agricultural institution shall meet the following conditions: (a) not for profit for the purpose of undertaking Organization; (ii) certification of measurement prescribed by the State; (c) has the staff, premises and facilities suitable for the identification of equipment; (d) the work systems and practices meet the identification requirements.
The Nineth Department of agriculture and the provincial administrative departments of agricultural mechanization based on conditions specified in the eighth, respectively assume control of ministerial and provincial level appraisal of agricultural machinery identification of institutions and the range of products that can be identified and released.
Chapter III application and accepts an application for the tenth of agricultural machinery identification products shall comply with the following conditions: (a) the styling products, (ii) have a certain production quantity, (iii) be included in the identification of agricultural machinery product guide or plan.
Section 11th for farm machinery agricultural machinery for identification of producer or seller shall submit to the institution of agricultural machinery of the following materials: (a) agricultural machinery identification application form, (ii) the business entity business license copy (foreign enterprise registration certificate by the competent authorities), and (c) type approval certificate, (iv) standard text; (v) the product usage manual.
Agent is entrusted, shall also submit the agricultural producers or sellers signed power of attorney. 12th agricultural institution shall, from the date of receipt of the application within the 10th review of application materials, deciding whether to accept, and notify the enterprise.
Inadmissible, it shall explain the reasons.
The fourth chapter 13th test identification identification of agricultural machinery based on the identification of competent administrative departments of people's Governments above provincial level agricultural mechanization released the outline of.
14th agricultural machinery Identification Office shall accept the application and Enterprise determine the test time, organizations are recognized on the identification of outline extraction, or prototype, and review the necessary technical files. Article 15th prototype provided by the applicant and sent to designated test sites on time.
After the end of the identification, prototype by the applicant itself.
16th test content is based on the authentication type in the following five items: (a) production review, (ii) performance tests and safety checks, and (iii) applicability and reliability test (iv) manual and "three packs of" credential review; (v) user surveys.
Article 17th of the same enterprise applying for the same product in two or more identification, identification of the same content is not repeated.
18th agricultural institution should be identified within 15th days of its completion in the appraisal report issued by the business, and no objection will be identified in the enterprise report and related materials submitted to the authorized identification of Administrative Department of agricultural mechanization.
19th disagrees with the applicant's identification shall, from the date of receipt of the report apply to the accreditation body within 15th recheck. Fifth chapter identification announcement 20th competent administrative departments of people's Governments above provincial level agricultural mechanization agricultural machinery identification should be submitted for appraisal report and related materials for review.
Reviews include: material is comprehensive and accurate; identification procedures comply with the relevant requirements.
Review should be on receipt of the evaluation report and related materials within 15th days of completion. 21st competent administrative departments of people's Governments above provincial level agricultural mechanization for review through the identification of the product in the specified media announcements.
Meanwhile, agricultural machinery identification of published test results.
22nd by promoting the identification of products, competent administrative departments of people's Governments above provincial level agricultural mechanization agricultural machinery promotion certificate, issued in the 10th after the announcement, product manufacturers by promotional certificate to use agricultural machinery popularization of agricultural machinery identification logo.
23rd agricultural machinery promotion certificate and logo design uniformly formulated and announced by the Ministry of agriculture.
Promotion of agricultural machinery identification certificates and marks are valid for four years.
Forgery, alteration, transfer and beyond using agricultural promotion certificate and logo.
Supervision and administration of the sixth chapter 24th competent administrative departments of people's Governments above provincial level agricultural mechanization organization through the identification of agricultural products and agricultural machinery promotion and identification certificates, and monitor the use of the sign, found to be in violation of these regulations, shall be dealt with according to law.
25th accreditation bodies should be carried out strictly in accordance with the outline identification of agricultural machinery agricultural machinery identification may not be forged identification or proof of a false, and held accountable for results.
26th access to agricultural extension certificate of product trademark, business name and location changed, producers shall present the relevant documents to the issuing authority for changes to renewal; changing the structure, type and production conditions shall apply again.
27th competent administrative departments of people's Governments above provincial level of agricultural mechanization based on user complaints and reports, organized to investigate through the identification of agricultural products, and publish the findings.
28th article through identification of products, has following case one of of, by provincial above Government mechanization administrative competent sector canceled was selection qualification or recovered, and cancellation agricultural machinery promotion identification certificate and logo, and to announcement: (a) products appeared major quality problem, or appeared concentrated of quality complaints Hou producers in provides term within cannot solution of; (ii) trademark, and Enterprise name and production locations occurred change not application change of; (three) change structure, and type type and production conditions not again application identification of;
(D) in the national product quality inspection or serious quality problems in the market for quality supervision and inspection, and (v) country has been officially eliminated; (vi) through fraud, bribery or other means to obtain results or certificates; (VII) alter, transfer and beyond promotion of agricultural machinery identification certificate and logo.
Seventh chapter penalty 29th local people's Governments at or above the county level shall agriculture (agricultural mechanization) forcing or disguised by the Administrative Department forced agricultural machinery producers and sellers to identify its production, marketing of agricultural products, by competent authorities or organs a rectification, and the supervisor directly responsible and other persons directly responsible shall be given administrative sanctions.
Article 30th agricultural machinery identification of bodies is not required for identification, forgery of identification or proof of a false, by the administrative authorities shall order rectification of agricultural mechanization, the unit in charge and other direct liable persons shall be given administrative sanctions in serious cases, their qualifications; causes losses to the agricultural machinery users shall bear the liability.
Persons engaged in the identification and review of agricultural machinery of the 31st article of irregularities for favoritism, fraud, abuse their powers, neglect their duties, shall be subject to administrative sanctions.
Article 32nd forgery, fraudulent use or use agricultural machinery promotion and identification of expired certificates and marks, by the competent administrative authority shall order to stop the illegal practice of agricultural mechanization, has illegally obtained, fine following the illegal income twice times, but not more than 30,000 yuan; no illegal gains and fines of between 10,000 yuan.
Eighth chapter supplementary articles article 33rd agricultural appraisal agencies engaged in agricultural research identification, product identification, import and export appraisal and arbitration inspection and certification tests, other identification, quality supervision, inspection work, according to the relevant State provisions.
Article 34th day mentioned in these measures refers to working days. 35th these measures shall come into force on November 1, 2005.
On August 31, 1982, Ministry of agriculture, livestock and fisheries issued on December 25, 1997, and July 1, 2004, amendments to the Ministry of Agriculture of the People's Republic of China agricultural machinery at the expense of the Department of agriculture, livestock and fisheries regulations (trial) ( no 10th farm machinery) repealed simultaneously. Attached: on agricultural machinery test identification approach (draft) of description for implement implementation People's Republic of China mechanization promote method, according to I Department legislation work plans, farm machinery of Management Division and University Division in widely investigation, and reference abroad about management experience, and sought enterprise and about sector views of based Shang, on original People's Republic of China agricultural Mu Fisheries Department agricultural machinery identification work Ordinance (pilot) for has amendment, formed has agricultural machinery test identification approach (draft). The situation described below: first, revision of background and original a revision of the People's Republic of China agricultural machinery at the expense of the Department of agriculture, livestock and fisheries regulations (trial) (hereinafter referred to as the regulation) was in August 1982 by the agriculture, livestock and Fisheries Ministry, which was implemented on January 1, 1983. Since the implementation of the Ordinance, in support of the application of agricultural mechanization technology and guide farmers on the proper selection and use of agricultural machinery, improve agricultural product quality, played an important role in promoting technical progress of enterprises. Currently, national has 1 a ministerial identification terminus, 7 a professional station, 29 a provincial identification station, bear with on 11 big class of farm machinery products implementation promotion identification of task, cumulative issued Ministerial agricultural machinery promotion identification card 3,536 a, provincial agricultural machinery promotion identification card more than 6,000 multiple, national most province also in farm machinery Management Ordinance (management approach) in the clear has farm machinery test identification work of corresponding content. In order to ensure that the contents of the Ordinance in accordance with the administrative licensing law and the provisions of the law on administrative punishment, I also have been held in 1997 and 2004 the regulations were amended twice. But with situation of development, Ordinance of provides has has full amendment of necessary: a is last year National Standing Committee developed of People's Republic of China mechanization promote method (following referred to promote method) on farm machinery test identification for has new of provides, about system need for modified; II is due to times background by limited, original Ordinance for identification program of provides compared principles, operation sex not strong, not conducive to applicants law proposed identification application, also not conducive to identification institutions law identification
Three according to the relevant provisions of the legislation, departmental regulations shall not be called "regulation" unless foreign practices should not be "People's Republic of China", thus, the name of the Ordinance also needs to be revised. Do the amendments to the regulations work, our research since 2003, has 25 provincial (district, municipal) agricultural machinery testing and identification of research work and related laws, also sent a letter seeking the views of 565 enterprises, and Japan, and Korea's official test investigates the identification system for agricultural research. In addition, also consulted with provincial (district, municipal) of agricultural machinery Administrative Department, national development and Reform Commission, the State administration of quality supervision, the China agricultural machinery industry association, the China agricultural machinery circulation Association and the relevant departments within the Ministry, and through information networks of agricultural mechanization in China open to the public for comment.
The law was launched, the law Division under the guidance of, according to the spirit of the relevant content has been carefully shengai, formed a Ministry Executive meeting consideration of the measures for the identification of agricultural machinery testing (draft) (hereinafter referred to as the methods).
The second, major revisions to the description of the methods in addition to name to the appraisal approach of agricultural machinery testing, but will also increase by 20 of Chapter 5 of the regulations for section 35 of Chapter 8. (A) further clear has farm machinery test identification of defined and classification approach will "farm machinery test identification" defined for: "agricultural machinery test identification institutions through science test, and detection and assessment, on agricultural machinery of applicability, and security and reliability made technology evaluation, for agricultural machinery of select and promotion provides according to and information of activities", further clear has farm machinery test identification of implementation subject, and program, and content and purpose. Test and evaluation of agricultural machinery are divided into promotion appraisal, identification and selection of specific identified three broad categories, as the object of the methods adjusted.
Agricultural machinery test and Evaluation Agency commissioned by the other departments bear the identification, inspection, in accordance with the relevant provisions of administrative departments. (B) agricultural machinery tests were clear identification of the subject and the respective responsibilities of the methods the test and evaluation of agricultural machinery is divided into departments, provincial level. Also provides farm machinery administration departments at or above the provincial level are test and evaluation work of farm machinery management body, above the provincial level agricultural machinery test and Evaluation Agency is the subject of test and evaluation work.
Farm machinery administration departments at or above the provincial level are responsible for issuing the identification product category Guide, published outline, announcements, product identification, issuance of identification certificate and carry out supervision; above the provincial level agricultural machinery test and Evaluation Agency is responsible for handling applications for enterprise, sample, implementation, testing, report, publish test results. (Three) stressed has farm machinery test identification of voluntary sex and public convenience of principles approach provides farm machinery test identification by agricultural machinery producers voluntary application, on farm machinery promotion identification implemented guide management, qualified implementation identification products type range; while provides through ministerial identification of products no longer for provincial identification, same enterprise of same products in application two species above identification Shi, same identification content not repeat for, avoid repeat detection, reduce enterprise burden.
Conditions and procedures for identification by express, bulletin identified institutional capacity announcement identification identification products identification guide, outline, results to facilitate enterprise application, increasing transparency in the identification work, community and user monitoring. (D) strict accreditation body conditions and responsibilities clarified the conditions of test and evaluation of agricultural machinery shall have, provided administrative departments of people's Governments above provincial level agricultural mechanization of agricultural appraisal agency appraisal identified a range of products.
According to the principles in line with, and agricultural machinery test and Evaluation Agency to identify clear results undertake corresponding obligations and responsibilities.
(E) standardize the procedure of identification of the features of the measures for a greater length, standard farm machinery test and evaluation procedures, receive, issue a report and provides identification, audit, certification and other aspects of working time limits and requirements in order to improve identification of normative and operational work and help. (F) strengthen liability added "penalties" chapter, in accordance with the Act, the product quality law and the relevant provisions of the law on administrative punishment, specifically agricultural machinery Administrative Department, agricultural machinery test and evaluation institutions and specific legal responsibility for violations.
While the forgery, fraudulent use, alter, transfer and beyond use or use outdated machinery to promote certification and marking Act provides for penalties. Third, on the opinion adopted in view of the comments from the feedback: national development and Reform Commission on the promotion of law and then introduce the measures adopted. National quality General on "has get mandatory products certification of farm machinery products can from repeat part of detection and check" of views, in approach in the has reflected; on "by farm machinery of administrative competent sector and other about administrative competent sector common announcement identification products" of views, our think, according to State on farm machinery identification of duties Division and approach of adjustment range, should not be increased "other about administrative competent sector", so not adopted; on "import and export commodity test by quality supervision test institutions implementation" Views of import and export commodities inspection does not fall within the scope of the measures, was not adopted.
China agricultural machinery industry association and the China agricultural machinery circulation Association of agricultural mechanization, local administrative departments and Agricultural Experiment Station of the way of the legitimate concerns have been incorporated into the rules.
The measures described above and whether it properly, please consider.