Law of the People's Republic of China on Agricultural Product Quality Safety

Law of the People's Republic of China on Agricultural Product Quality Safety

Adopted by the 21st Meeting of the Standing Committee of the 10th National People's Congress on April 29, 2006 and effective as of November 1, 2006 Chapter I General Provisions Article 1 The present Law is formulated in order to guarantee the quality safety of agricultural products, maintain the health of the general public and promote the development of agriculture and rural economy. Article 2 The term "agricultural products" as mentioned in the present Law refers to primary products sourced from agriculture, that is to say, the plants, animals, microorganisms and their products which are obtained from agricultural activities. The term "agricultural product quality safety" as mentioned in the present Law means that the quality of an agricultural product meets the requirements of ensuring human health and safety. Article 3 The administrative department of agriculture of the people's government at the county level or above shall be responsible for the supervision and inspection of agricultural product quality safety; while the relevant departments of the people's government at the county level or above shall, in accordance with the scope of duties, be responsible for the relevant work on agricultural product quality safety respectively. Article 4 The people's government at the county level or above shall include agricultural product quality safety administration into the national economic and social development planning at the present level and offer funds of agricultural product quality safety for carrying out the work of agricultural product quality safety. Article 5 The local people's government at the county level or above shall exercise the unified leadership over and coordinate the work of agricultural product quality safety under their own jurisdiction, adopt measures to set up and perfect an agricultural product quality safety service system and improve the level of agricultural product quality safety. Article 6 The administrative department of agriculture of the State Council shall set up an agricultural product quality safety risk evaluation experts committee consisting of experts in relevant areas, in order to carry out risk analysis and evaluation of the potential harms which might affect the agricultural product quality safety. The administrative department of agriculture of the State Council shall adopt relevant administrative measures in accordance with the risk evaluation results of agricultural product quality safety and inform the relevant departments of the State Council of the risk evaluation results of agricultural product quality safety in a timely manner. Article 7 The administrative department of agriculture of the State Council and the administrative department of agriculture of the people's government of each province, autonomous region or municipality directly under the Central Government shall publish relative information on the situation of agricultural product quality safety according to their legal authority. Article 8 The state guides and popularizes standardized production of agricultural products, encourages and supports production of high-quality agricultural products, and prohibits production and sales of agricultural products which do not meet the agricultural product quality safety criteria prescribed by the state. Article 9 The state supports scientific and technological researches on agricultural product quality safety, implements scientific quality safety administration methods and promotes advanced and safe production technologies. Article 10 The people's government at any level and the relevant departments shall strengthen publicity of knowledge on agricultural product quality safety, improve the consciousness on agricultural product quality safety of the general public, guide producers and sellers of agricultural products to intensify quality safety management and guarantee the safety of agricultural product consumption. Chapter II  Agricultural Product Quality Safety Criteria Article 11 The state establishes and improves the system of agricultural product quality safety criteria. The agricultural product quality safety criteria shall be compulsory technical norms. The agricultural product quality safety criteria shall be formulated and promulgated in light of relative laws and administrative regulations. Article 12 When formulating the agricultural product quality safety criteria, the relevant departments shall take into full consideration the risk evaluation results of agricultural product quality safety and give audience to the opinions of producers, sellers and consumers of agricultural products, in order to guarantee the consumption safety. Article 13 The agricultural product quality safety criteria shall be revised in a timely manner based on the scientific and technological development level and the requirements of agricultural product quality safety. Article 14 The agricultural product quality safety criteria shall be organized to implement by the administrative department of agriculture together with other relevant departments. Chapter III  Producing Areas of Agricultural Products Article 15 The administrative department of agriculture of a local people's government at the county level or above shall, as per the requirements of agricultural product quality safety as well as in accordance with factors such as variety characters of the agricultural products and poisonous and harmful substances in the atmosphere, soil and water body of the production area, propose areas banned from production which it considers unsuitable for production of certain agricultural products, and publicize such areas upon approval of the people's government at the same level. The specific measures shall be formulated by the administrative department of agriculture of the State Council together with the administrative department of environmental protection of the State Council. The adjustment of areas banned from production of agricultural products shall be made in light of the procedures prescribed in the preceding paragraph. Article 16 The people's government at the county level or above shall adopt measures to enhance construction of agricultural product bases and improve the production conditions of agricultural products. Measures shall be taken by the administrative department of agriculture of the people's government at the county level or above to propel construction of comprehensive demonstration areas for standardized production, demonstration farms, breeding areas and areas without prescribed epidemic animal or plant diseases, so as to guarantee the agricultural products quality safety. Article 17 It is prohibited to produce, fish or collect edible agricultural products or to establish production bases of agricultural products in the areas where poisonous and harmful substances are in excess of the prescribed standards. Article 18 It is prohibited to discharge or dump waste water, waste gas, solid wastes or other poisonous and harmful substances to producing areas of agricultural products in violation of laws and regulations. The water used for agricultural production and the solid wastes used as fertilizers shall meet the criteria of the state provisions. Article 19 Such chemical products as chemical fertilizers, pesticides, veterinary drugs and agricultural films shall be used in a reasonable way by producers of agricultural products to prevent such chemical products from polluting the producing areas of agricultural products. Chapter IV Production of Agricultural Products Article 20 The requirements on production technologies and operational rules shall be constituted by the administrative department of agriculture of the State Council and the administrative department of agriculture of the people's government of each province, autonomous region or municipality directly under the Central Government so as to guarantee the agricultural product quality safety. The administrative department of agriculture of each people's government at the county level or above shall strengthen its guidance to the production of agricultural products. Article 21 For the pesticides, veterinary drugs, feeds and feed additives, fertilizers and veterinary devices, which might affect agricultural product quality safety, a licensing system shall be carried out in light of relative laws and administrative regulations. The administrative department of agriculture of the State Council and the administrative department of agriculture of the people's government of each province, autonomous region or municipality directly under the Central Government shall, at a regular time schedule , make a random inspection on such agricultural input products as pesticides, veterinary drugs, feeds and feed additives as well as fertilizers, which might endanger the agricultural product quality safety, and shall make public the results. Article 22 The administrative department of agriculture of the people's government at the county level or above shall enhance administration and guidance on the use of agricultural input products, as well as setting up and improving a system for safe use of agricultural input products. Article 23 Agricultural research and education institutions and agricultural technology promotion institutions shall strengthen trainings on quality safety knowledge and skills for producers of agricultural products. Article 24 An enterprise engaging in agricultural production or a professional farmers cooperative economic organization shall set up records on production of agricultural products and the contents as follows shall be included: (1) The names, sources, usage, dosage of agricultural input products in use, the date of using it and the date disusing it; (2) The information on occurrence, prevention and control of animal epidemic diseases as well as plant diseases, pests and disasters; and (3) The date of harvest, slaughter or fishing. The records on agricultural production shall be preserved for two years. Any forgery of records on agricultural production is prohibited. The state encourages other producers engaging in agricultural production to set up records on agricultural production. Article 25 A producer engaging in agricultural production shall, in light of the laws, administrative regulations and provisions of the administrative department of agriculture of the State Council, make use of the agricultural input products in a reasonable way, strictly carring out the provisions on safe intervals or withdrawal period for using agricultural input products, so as to prevent the agricultural input products from endangering the agricultural product quality safety. Any agricultural input product prohibited by explicit order of the state shall be forbidden to be used in the process of agricultural production. Article 26 An enterprise engaging in agricultural production or a professional farmers cooperative economic organization shall check the agricultural product quality safety either by itself or by entrusting a testing institution. It is prohibited to sell any agricultural product found from the test to fail to comply with the agricultural product quality safety criteria . Article 27 A professional farmers cooperative economic organization or an agricultural products industry association shall offer its members production technology services in a timely manner, set up agricultural product quality safety management systems, perfect the agricultural product quality safety control system and strengthen self-disciplinary management. Chapter V Packages and Marks of Agricultural Products Article 28 Where the agricultural products sold by an enterprise engaging in production of agricultural products, a professional farmers cooperative economic organization or an entity or an individual engaging in purchase of agricultural products are required in accordance with relevant provisions to be packed or be attached with marks, they may not be sold until they have been packed or attached with marks. Such contents as the product name, producing area, producer, date of production, warranty period and product quality grade shall be indicated on the packages or marks, in accordance with related provisions; if any additive is used, the name of the additive shall also be indicated in accordance with the provisions. The specific measures shall be instituted by the administrative department of agriculture of the State Council. Article 29 The materials used in package, preservation, storage and transport of agricultural products, such as preservatives, antiseptics, additives, etc., shall comply with the relevant compulsory technical norms of the state. Article 30 The agricultural products belonging to agricultural transgenic organisms shall be marked in light of relative provisions on the administration of the safety of agricultural transgenic organisms. Article 31 The animals, plants and their products required to be quarantined in accordance with the law shall be attached with quarantine marks of fitness and quarantine certificates of fitness. Article 32 The on-sale agricultural products must meet the agricultural product quality safety criteria, and the producers may submit applications for using pollution-free marks on agricultural products. If the quality of the agricultural products complies with the criteria prescribed by the state for high-quality agricultural products, the producers may submit applications for using commensurate quality marks on agricultural products. It is prohibited to imitate the quality marks on agricultural products as prescribed in the preceding paragraph. Chapter VI Supervision and Inspection Article 33 An agricultural product under any of the following circumstances shall not be sold: (1) It contains any pesticide, veterinary drug or other chemical substance prohibited by the state from being used; (2) The remnant of chemical substance such as pesticide and veterinary drug or the contained poisonous and harmful substance such as heavy metal, etc. does not comply with the agricultural product quality safety criteria; (3) The contained pathogenic parasites, microorganisms or biological toxin does not conform to the agricultural product quality safety criteria; (4) The material in use such as preservative, antiseptic or additive, etc. does not conform to the relative compulsory technical norms of the state; or (5) Other circumstances under which it does not conform to the agricultural product quality safety criteria. Article 34 The state sets up an agricultural product quality safety monitoring system. The administrative department of agriculture of the people's government at the county level or above shall, in accordance with the requirements for guaranteeing the agricultural product quality safety, make an plan of monitoring the agricultural product quality safety, organize the implementation thereof and supervise and make a random inspection on the agricultural products under production or on sale in the market. The administrative department of agriculture of the State Council or the administrative department of agriculture of the people's government of each province, autonomous region or municipality directly under the Central Government shall make public the results according to its legal authority. For a supervisory test on a random inspection, the department concerned shall entrust an agricultural product quality safety test institution that meets the conditions in Article 35 of the present Law, but shall not charge any fee from the party to be tested. The number of the samples shall not exceed the quantity prescribed by the administrative department of agriculture of the State Council. For the agricultural products which are subject to supervision of the administrative departments of agriculture at higher levels by sampling, the administrative departments of agriculture at lower levels shall not make an sampling again. Article 35 For the agricultural product quality safety test, the existing qualified test institutions shall be given full consideration. An institution engaging in agricultural product quality safety test must possess commensurate conditions and capacities for test and shall be qualified and pass the assessment of the administrative department of agriculture of the people's government at the provincial level or above or its authorized department. The detailed measures shall be instituted by the administrative department of agriculture of the State Council. An agricultural product quality safety test institution shall be found qualified from metrological certification in accordance with law. Article 36 Where a producer or seller of agricultural products has any objection to the result of random inspection, it may, within five days as of the receipt of the test result, submit an application to the administrative department of agriculture that organizes the implementation of the random inspection on agricultural product quality safety or to the administrative departments of agriculture at higher levels for a re-test. When the speedy test method ascertained by the administrative department of agriculture of the State Council together with the relevant departments is adopted for the random inspection on agricultural product quality safety, if the party that is tested has any objection to the test result, it may, within four hours as of the receipt of the test result, submit an application for a re-test. The re-test shall not be carried out in a speedy method. If the testing institution causes any damages to the party concerned because of a wrong test result, it shall undertake liabilities for compensation in light of the law. Article 37 An agricultural product wholesale market shall establish or entrust an agricultural product quality safety test institution to test the quality safety of the agricultural products sold in the market by random inspection; when finding any inconformity with the agricultural product quality safety criteria, it shall require the seller to immediately stop the sale and report to the administrative department of agriculture. An enterprise engaging in sale of agricultural products shall, for the agricultural products it sells, set up and improve the rules on inspection and acceptance of purchased goods; any agricultural product that is found from the inspection to fail to comply with the quality safety criteria shall not be sold. Article 38 The state encourages entities and individuals to carry out public supervision over the agricultural product quality safety. Any entity or individual shall have the right to impeach, expose or accuse any act violating the present Law. After receipt of relevant impeachment, exposure or accusation, the relevant department shall deal with the case in a timely manner. Article 39 The administrative department of agriculture of the people's government at the county level or above may, in its agricultural product quality safety supervision and inspection, make on-site inspections on the agricultural products under production or on sale, investigate and know about the relative information on agricultural product quality safety, consult to and photocopy the records and other information concerning agricultural product quality safety; and shall have the right to seal up or distrain the agricultural products which are found from test to fail to comply with the agricultural product quality safety criteria. Article 40 When an agricultural product quality safety accident occurs, the concerned entities and individuals shall take control measures and report to the local people's government at the township level and the administrative department of agriculture of the people's government at the county level in a timely manner. The organ receiving the report shall deal with the accident in a timely manner and report to the people's government at the higher level and other relative departments. When a significant agricultural product quality safety accident occurs, the administrative department of agriculture shall inform the food and drug administrative department at the same level of the accident in a timely manner. Article 41 In the agricultural product quality safety supervision and administration, if the administrative department of agriculture of a people's government at the county level or above finds that an agricultural product is under any of the circumstances listed in Article 33 of the present Law, it shall, on the basis of the requirements of the system for ascertaining liabilities of agricultural product quality safety, find out the liable persons and decide punishment in light of the law or propose punishment suggestions. Article 42 An imported agricultural product must be inspected in accordance with the agricultural product quality safety criteria prescribed by the state. If the relevant agricultural product quality safety criteria have not been formulated, the department concerned shall formulate them in light of the law in a timely manner and may, before finishing formulating such criteria, inspect the imported agricultural product by referring to the relevant foreign criteria designated by the relevant department of the state. Article 43 If any agricultural product quality safety supervisory and administrative staff member does not carry out his supervisory duties in light of the law or abuses his power, he shall be given administrative sanctions according to law. Chapter VII Legal Liabilities Article 44 If an agricultural product quality safety test institution forges a test result, it shall be ordered to make correction. Its illegal proceeds shall be confiscated and in addition, it shall be charged a fine not less than 50,000 yuan and not more than 100,000 yuan. The person-in-charge directly responsible and other persons held direct liabilities shall be charged a fine not less than 10,000 yuan and not more than 50,000 yuan respectively. If the circumstances are serious, its test qualification shall be revoked. If it causes any damages, it shall undertake liabilities for compensation in light of the law. If an agricultural product quality safety test institution issues an untrue test result and causes any damages, it shall undertake liabilities for compensation in light of the law; if it causes any heavy damages, its test qualification shall be revoked in addition. Article 45 Whoever violates laws or regulations by discharging or dumping waste water, waste gas, solid wastes or other poisonous and harmful substances to a producing area of agricultural products shall be penalized in light of the relative environmental protection laws and regulations; if he causes any damage, he shall undertake liabilities for compensation in light of the law. Article 46 Whoever violates laws, administrative regulations or any provisions of the administrative department of agriculture of the State Council in using agricultural input products shall be penalized in light of the relative laws and administrative regulations. Article 47 If an enterprise engaging in agricultural production or a professional farmers cooperative economic organization fails to establish or preserve records on agricultural production according to related provisions, or forges records on agricultural production, it shall be ordered to make correction within a time limit; if it fails to make correction within the time limit, it may be fined not more than 2,000 yuan. Article 48 Whoever violates the provisions prescribed in Article 28 of the present Law by failing to follow the provisions to pack or mark the agricultural products for sale shall be ordered to make correction within a time limit; if he fails to make correction within the time limit, he may be fined not more than 2,000 yuan. Article 49 If any of the circumstances under Item (4) of Article 33 of the present Law arises and the material in use such as the preservative, antiseptic or additive, etc. does not comply with the relevant compulsory technical norms of the state, the party concerned shall be ordered to stop selling the agricultural products and shall make innocuous treatment of the polluted agricultural products. If no innocuous treatment can be made, the agricultural products shall be destroyed under supervision; at the same time, his illegal income shall be confiscated and he shall be fined not less than 2,000 yuan and not more than 20,000 yuan, in addition. Article 50 If agricultural products sold by an enterprise engaging in agricultural production or a professional farmers cooperative economic organization are under any of the circumstances listed in Items (1) through (3) or Item (5) of Article 33 of the present Law, the said entity shall be ordered to stop selling the products, replevy the sold agricultural products and make innocuous treatment over or destroy the illegally sold agricultural products under supervision; at the same time, its illegal income shall be confiscated and it shall be fined not less than 2,000 yuan and not more than 20,000 yuan, in addition. If agricultural products sold by an enterprise engaging in sale of agricultural products are under any of the circumstances enumerated in the preceding paragraph, the said enterprise shall be punished in light of the preceding paragraph. If on-sale agricultural products in an agricultural product wholesale market are under any of the circumstances listed in Paragraph 1 of this article, the agricultural products on illegal sale shall be dealt with in light of Paragraph 1 and the seller of the agricultural products shall be penalized in light of Paragraph 1. If an agricultural product wholesale market violates Paragraph 1 of Article 37 of the present Law, it shall be ordered to make correction and be fined not less than 2,000 yuan and not more than 20,000 yuan. Article 51 Whoever violates Article 32 of the present Law by imitating the quality marks on an agricultural product shall be ordered to make correction, his illegal proceeds shall be confiscated and he shall be fined not less than 2,000 yuan and not more than 20,000 yuan. Article 52 The penalties prescribed in Article 44, Articles 47 through 49, Paragraphs 1 and 4 of Article 50 and Article 51 of the present Law shall be decided by the administrative department of agriculture of the people's government at the county level or above; while the penalties prescribed in Paragraph 2 and Paragraph 3 of Article 50 shall be decided by the administrative department for industry and commerce. If any law has different provisions on an administrative penalty or the organ who has the power to make penalty, such provisions shall prevail, but the same illegal act shall not be penalized for twice or more. Article 53 If someone violates the present Law and has committed a crime, investigations shall be conducted to determine his criminal liabilities in light of the law. Article 54 If anyone who produces or sells the agricultural products enumerated in Article 33 of the present Law and causes any damages to the consumers, it shall undertake liabilities for compensation in light of the law. If any on-sale agricultural product in an agricultural product wholesale market is under the circumstance prescribed in the preceding paragraph, the consumers may claim to the agricultural product wholesale market for compensation; if the producer or seller is held liable, the agricultural product wholesale market shall have the right to make recourse. The consumers concerned may also directly claim to the producer or seller of the agricultural products for compensation. Chapter VIII Supplementary Provisions Article 55 The administration on live pig slaughtering shall be carried out in light of the relevant provisions of the state. Article 56 The present Law shall go into effect as of November 1, 2006.