The People's Republic of China Quality and Safety Act on Agricultural Products (II)

Chapter IV Production of Agricultural Products

Article 20 The competent administrative department of agriculture of the State Council and the administrative department of agriculture of the people's government of a province, autonomous region or municipality directly under the Central Government shall formulate production technical requirements and operating procedures for ensuring the quality and safety of agricultural products. The administrative department of agriculture of the people's government at or above the county level shall strengthen guidance on the production of agricultural products.

Article 21 A permit system shall be implemented for pesticides, veterinary drugs, feed and feed additives, fertilizers and veterinary equipment that may affect the quality and safety of agricultural products in accordance with the provisions of relevant laws and administrative regulations.

The agricultural administrative department of the State Council and the agricultural administrative department of the people's government of the province, autonomous region, and municipality directly under the Central Government shall regularly supervise and spot check the agricultural inputs such as pesticides, veterinary drugs, feed and feed additives, and fertilizers that may jeopardize the quality and safety of agricultural products, and announce the result of spot checks.

Article 22 The administrative department of agriculture of the people's government at or above the county level shall strengthen the management and guidance of the use of agricultural inputs and establish a sound system for the safe use of agricultural inputs.

Article 23 Agricultural scientific research and education institutions and agricultural technology extension agencies shall strengthen the training of agricultural product producers' quality and safety knowledge and skills.

Article 24 Agricultural product production enterprises and peasants' professional cooperative economic organizations shall establish production records for agricultural products and truthfully record the following items:

(a) The name, source, usage, usage, and date of use of the agricultural input product;

(2) Occurrence and prevention and control of animal diseases, plant pests and weeds;

(3) Date of harvest, slaughter or fishing.

Agricultural production records should be kept for two years. It is forbidden to falsify agricultural production records.

The state encourages other producers of agricultural products to establish production records for agricultural products.

Article 25 Producers of agricultural products shall, in accordance with the laws, administrative regulations, and regulations of the competent administrative department of agriculture of the State Council, rationally use agricultural inputs and strictly implement provisions for the use of safety intervals or withdrawal periods for agricultural input products so as to prevent endangering the quality and safety of agricultural products. .

It is forbidden to use agricultural input products that are strictly prohibited by the state during the production of agricultural products.

Article 26 Agricultural product production enterprises and farmers' professional cooperative economic organizations shall, on their own or by entrusting a testing agency, test the quality and safety of agricultural products; agricultural products that fail to meet the quality and safety standards for agricultural products may not be sold.

Article 27 Farmers' specialized cooperative economic organizations and agricultural product trade associations shall provide timely production technical services to their members, establish a quality and safety management system for agricultural products, improve the quality and safety control system for agricultural products, and strengthen self-discipline management.

Chapter V Agricultural Product Packaging and Labeling

Article 28 Where an agricultural product production enterprise, a peasant's professional cooperative economic organization, and an agricultural product sold by a unit or individual engaged in the purchase of agricultural products should be packaged or marked in accordance with the provisions, they must be sold after being packaged or marked. On the packaging or labeling, the product name, place of production, manufacturer, date of production, date of guarantee, quality grade of the product, etc. shall be indicated in accordance with the stipulations; if the additive is used, the name of the additive shall also be indicated in accordance with the provisions. The specific measures shall be formulated by the competent department of agriculture administration under the State Council.

Article 29 The materials such as preservatives, preservatives and additives used in the packaging, preservation, storage and transportation of agricultural products shall comply with the relevant mandatory technical specifications of the State.

Article 30 Agricultural products that belong to agricultural genetically modified organisms shall be identified in accordance with the relevant regulations for the safety management of agricultural genetically modified organisms.

Article 31 Animals, plants, and their products required to be quarantined according to law shall be accompanied by quarantine conformity marks and quarantine certificates.

Article 32 Agricultural products for sale must meet the quality and safety standards for agricultural products, and producers can apply for the use of signs for pollution-free agricultural products. Where the quality of agricultural products conforms to the standards stipulated by the State in relation to quality agricultural products, producers may apply for the use of corresponding agricultural product quality marks.

It is forbidden to use the quality signs of agricultural products specified in the preceding paragraph.

Chapter VI Supervision and Inspection

Article 33 Agricultural products under any of the following circumstances may not be sold:

(1) Containing pesticides, veterinary drugs or other chemical substances prohibited by the State;

(2) poisonous and harmful substances such as residual pesticides or veterinary drugs or heavy metals such as veterinary drugs do not meet the quality and safety standards for agricultural products;

(3) The pathogenic parasites, microorganisms or biological toxins contained do not meet the quality and safety standards for agricultural products;

(4) The used preservatives, preservatives, additives and other materials do not conform to the relevant mandatory technical specifications of the State;

(5) Others that do not meet the quality and safety standards for agricultural products.

Article 34 The State establishes a system for monitoring the quality and safety of agricultural products. The administrative department of agriculture of the people's government at or above the county level shall, in accordance with the requirements for safeguarding the quality and safety of agricultural products, formulate and organize the implementation of the monitoring plan for the quality and safety of agricultural products, and conduct supervision and spot checks on the agricultural products that are being produced or sold on the market. The results of supervision and spot checks shall be announced by the competent administrative department of agriculture of the State Council or the administrative department of agriculture of the people's government of a province, autonomous region, or municipality directly under the Central Government in accordance with the terms of reference.

The supervision, random inspection and inspection shall entrust the quality and safety inspection institutions of agricultural products that meet the conditions prescribed in Article 35 of this Law, and shall not collect fees from the sampled persons. The samples taken shall not exceed the quantities prescribed by the agricultural administrative department of the State Council. Where the agricultural administrative department at a higher level supervises the random inspection of agricultural products, the competent agricultural administrative department at a lower level shall not repeat the spot checks.

Article 35 The inspection of the quality and safety of agricultural products shall make full use of the existing testing institutions that meet the requirements.

Institutions engaged in quality and safety testing of agricultural products must have the appropriate testing conditions and capabilities, and they shall be qualified by the agricultural administrative department of the people's government at or above the provincial level or their authorized department. The specific measures shall be formulated by the competent department of agriculture administration under the State Council.

The agricultural product quality and safety inspection agencies shall be qualified for measurement and certification according to law.

Article 36 If an agricultural product producer or seller disagrees with the results of the supervision, spot checks and inspections, it may, within five days from the date of receipt of the inspection results, submit to the organization the agricultural administrative supervision and inspection department of agricultural products or its superior agricultural administration. The competent authority applies for re-inspection.

The State Council department in charge of agriculture shall, in conjunction with the rapid detection method determined by relevant departments, carry out supervision, random inspections and inspections of the quality and safety of agricultural products. If the sampler has any objection to the test results, he may apply for re-examination within four hours of receiving the test results. Retesting must not use rapid testing methods.

If the test result is wrongly caused damage to the parties, it shall be liable for compensation according to law.

Article 37 Agricultural product wholesale markets shall establish or entrust agricultural product quality and safety inspection agencies to spot-check and inspect the quality and safety of agricultural products entering and selling; if they find that they do not meet the quality and safety standards for agricultural products, they shall require the sellers to immediately stop sales and Agricultural administrative department report.

Agricultural product sales enterprises shall establish and improve the inspection and acceptance system of incoming goods for agricultural products sold by them, and shall not sell any product that fails to meet the quality and safety standards for agricultural products.

Article 38 The State encourages units and individuals to conduct social supervision over the quality and safety of agricultural products. All units and individuals have the right to report, expose, and sue violations of this Law. After the relevant department receives the relevant reports, disclosures, and accusations, it shall promptly handle them.

Article 39 The agricultural administrative department of the people's government at or above the county level may, in the supervision and inspection of agricultural product quality and safety, conduct on-site inspections of agricultural products produced and sold, investigate and understand the relevant conditions of agricultural product quality and safety, and inspect and replicate the quality and safety of agricultural products. Records and other materials; for agricultural products that have been tested that do not meet the quality and safety standards for agricultural products, have the right to be seized or detained.

Article 40 When an agricultural product quality safety incident occurs, relevant units and individuals shall take control measures and report to the local people's government at the local level and the agricultural administrative department of the people's government at the county level. The organ receiving the report shall promptly handle and report to the previous People's government and related departments. When a major agricultural product quality safety accident occurs, the competent agricultural administrative department shall promptly notify the food and drug supervision and administration department at the same level.

Article 41 The agricultural administrative department of the people's government at the county level or above shall, in the supervision and administration of agricultural product quality safety, find that any agricultural product under one of the circumstances listed in Article 33 of this Law shall meet the requirements of the accountability system for quality and safety of agricultural products. Identify the responsible person and handle it in accordance with the law or make suggestions for handling.

Article 42 Imported agricultural products must be inspected in accordance with the quality and safety standards for agricultural products prescribed by the state; those that have not yet established standards for the quality and safety of agricultural products should be formulated in a timely manner according to the law, and before being established, they can be inspected in accordance with relevant foreign standards designated by the relevant state departments. .

Chapter VII Legal Liability

Article 43 If an agricultural product quality and safety supervision and management personnel fails to perform their supervisory duties according to law or abuse their powers, they shall be given administrative sanctions according to law.

Article 44 Where an agricultural product quality and safety inspection agency falsifies the results of a test, it shall be ordered to make corrections, the illegal proceeds shall be confiscated, and a fine of 50,000 yuan up to 100,000 yuan shall be imposed concurrently, and the directly responsible person in charge and other persons directly responsible shall be 10,000 yuan or more. A fine of not more than 50,000 yuan; where the circumstances are serious, the qualification of the test shall be revoked; if damage is caused, it shall be liable for compensation according to law.

If an agricultural product quality and safety inspection agency issues an inspection result that is false and causes damage, it shall be liable for compensation according to law; if it causes significant damage, it shall revoke its testing qualifications.

Article 45 Whoever violates the provisions of laws and regulations and discharges or dumps waste water, waste gas, solid waste or other toxic and hazardous substances into the place of origin of agricultural products shall be punished in accordance with the provisions of relevant environmental protection laws and regulations; if damage is caused, he shall be liable for compensation according to law.

Article 46 The use of agricultural inputs in violation of laws, administrative regulations and the provisions of the State Council department in charge of agriculture shall be punished in accordance with the relevant laws and administrative regulations.

Article 47 If an agricultural product production enterprise or a peasant professional cooperative economic organization has not established or has not kept the record of agricultural product production in accordance with the regulations, or forged the record of agricultural product production, it shall be ordered to make corrections within a time limit; if it is not corrected within the time limit, it may impose a fine of not more than 2,000 yuan.

Article 48 Whoever violates the provisions of Article 28 of this law and sells agricultural products that have not been packaged or marked in accordance with the provisions shall be ordered to make corrections within a time limit; for those that do not correct within the prescribed time limit, a fine of less than 2,000 yuan may be imposed.

Article 49 In the case of the fourth paragraph of Article 33 of this Law, if the materials used for preservatives, preservatives, and additives do not conform to the relevant mandatory technical specifications of the State, they shall be ordered to stop the sale of the contaminated agricultural products. Conduct harmless treatment, supervise the destruction of non-harmful treatment, and confiscate the illegal income, and impose a fine of 2,000 yuan up to 20,000 yuan.

Article 50 Where an agricultural product production enterprise or a farmer's specialized cooperative economic organization sells agricultural products under any of the circumstances listed in Items 1 to 3 or 5 of Article 33 of this Law, it shall be ordered to stop the sale and the sale shall be resumed. The agricultural products that are illegally sold shall be treated innocently or supervised and destroyed; the illegal proceeds shall be confiscated and a fine of 2,000 yuan up to 20,000 yuan shall be imposed.

Where agricultural products sold by agricultural product sales enterprises have the circumstances listed in the preceding paragraph, they shall be handled and punished in accordance with the provisions of the preceding paragraph.

Where the agricultural products sold in the wholesale market of agricultural products have the conditions listed in the first paragraph, the agricultural products sold illegally shall be treated in accordance with the provisions of the first paragraph, and the seller of agricultural products shall be punished in accordance with the provisions of the first paragraph.

Where an agricultural product wholesale market violates the provisions of the first paragraph of Article 37 of this Law, it shall be ordered to make corrections and a fine of 2,000 yuan up to 20,000 yuan shall be imposed.

Article 51 Whoever violates the provisions of Article 32 of this law and falsely uses the quality mark of agricultural products shall be ordered to make corrections, the illegal gains shall be confiscated, and a fine of 2,000 yuan up to 20,000 yuan shall be imposed concurrently.

Article 52 The treatment and punishment of the provisions of Articles 44, Article 47 to 49, Article 50 paragraph 1, paragraph 4 and Article 51 of this Law shall be The competent administrative department of agriculture of the people's government at or above the level shall decide; the handling and punishment prescribed in the second and third paragraphs of Article 50 shall be decided by the administrative department for industry and commerce.

If the law has other provisions on administrative penalties and penalties, such provisions shall prevail. However, no penalty shall be imposed on the same illegal act.

Article 53 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.

Article 54 Whoever produces or sells agricultural products listed in Article 33 of this Law and causes damage to consumers shall be liable for compensation according to law.

Where agricultural products sold in the agricultural product wholesale market are subject to the provisions of the preceding paragraph, consumers may request compensation from the agricultural product wholesale market; if they are the responsibility of the producer or seller, the agricultural product wholesale market has the right to claim compensation. Consumers can also directly claim compensation from producers and sellers of agricultural products.

Chapter VIII Supplementary Provisions

Article 55 The management of live pig slaughtering shall be carried out in accordance with relevant state regulations.

Article 56 This Law shall come into force on November 1, 2006.

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