Agricultural Quality and Safety Law of the People's Republic of China

Agricultural Quality and Safety Law of the People's Republic of China

(The 21st meeting of the Standing Committee of the 10th National People's Congress on April 29, 2006 adopted the sixth meeting of the Sixth Session of the Standing Committee of the 13th National People's Congress on October 26, 2018 " Fifteen Laws of the Republic of the Wildlife Protection Law "Amendment" Amended on September 2, 2022, the 36th meeting of the Standing Committee of the 13th National People's Congress of the National People's Congress)

Table of contents

Chapter 1 General Principles

Chapter 2 The Management and Standard of Agricultural Product Quality and Safety Risk Management and Standards

Chapter III Agricultural Products

Chapter 4 Agricultural Products Production

Chapter 5 Agricultural Product Sales

Chapter 6 Supervision and Management

Chapter 7 Legal Responsibility

Chapter 8

Chapter 1 General Principles

Article 1 In order to ensure the quality and safety of agricultural products, maintain public health, promote the development of agricultural and rural economy, and formulate this law.

Article 2 The agricultural products referred to in this law refer to primary products from planting, forestry, animal husbandry and fisheries, that is, plants, animals, microorganisms and products obtained in agricultural activities.

The quality and safety of agricultural products referred to in this law refers to the quality and safety standards of agricultural products meet the quality and safety standards of agricultural products, which meets the requirements of protecting people's health and safety.

Article 3: The production and operation and supervision and management activities related to the quality and safety of agricultural products shall apply this law.

The "Food Safety Law of the People's Republic of China" shall comply with its regulations on the market sales of edible agricultural products, the formulation of relevant quality and safety standards, the announcement of the announcement of safety information, and the agricultural investment product.

Article 4 The state strengthens the quality and safety of agricultural products, implements source governance, risk management, and full -process control, establishes a scientific and strict supervision and management system, and builds a synergy and efficient social co -governance system.

Article 5 The competent agricultural and rural authorities and market supervision and management departments of the State Council shall implement supervision and management of the quality and safety of agricultural products in accordance with the responsibilities of this law and regulations.

Other relevant departments of the State Council undertake the relevant work of the quality and safety of agricultural products in accordance with the responsibilities of this law and stipulated in accordance with this law.

Article 6 The local people's governments at or above the county level are responsible for the quality and safety of agricultural products in their administrative areas, uniformly lead, organize, and coordinate the quality and safety of agricultural products in their administrative areas, establish and improve the quality and safety work mechanism of agricultural products, and improve the quality and safety level of agricultural products.

Local people's governments at or above the county level shall determine the responsibilities of agricultural product quality and safety supervision and management of agricultural product quality and safety supervision and management of agricultural product quality and safety supervision and management of the agricultural and rural areas at the same level. Relevant departments are responsible for the supervision and management of agricultural product quality and safety in their own administrative areas within their duties.

The township people's governments shall implement the responsibility for the supervision and management of the quality and safety of agricultural products, and assist the people's government and their relevant departments to do a good job of the quality and safety supervision and management of agricultural products.

Article 7 Agricultural products and operators shall be responsible for the quality and safety of agricultural products they produce and operates.

Agricultural product production and operators shall engage in production and operation activities in accordance with laws, regulations, and agricultural quality and safety standards, integrity and self -discipline, accept social supervision, and assume social responsibility.

Article 8 The people's governments at or above the county level shall incorporate the quality and safety management of agricultural products into the national economic and social development plan at the level, and the required funds are included in the budget level, and the construction of agricultural quality and safety supervision and management capabilities will be strengthened.

Article 9 The state guides and promotes the standardized production of agricultural products, encourages and supports the production of green high -quality agricultural products, and prohibits the production and sales of agricultural products that do not meet the national quality and safety standards stipulated by the state.

Article 10 The State supports the research of scientific and technological science and technology of agricultural product quality and safety, implements scientific quality and safety management methods, and promotes advanced safety production technology. The country strengthens the international exchanges and cooperation of agricultural quality, safety, science and technology.

Article 11 The people's governments and relevant departments at all levels shall strengthen the publicity of the knowledge of quality and safety of agricultural products, give play to the advantages and role of grass -roots mass autonomous organizations and rural collective economic organizations, guide agricultural products and operators Essence

The news media shall carry out public welfare publicity of agricultural quality and safety laws, regulations and agricultural quality and safety knowledge, and supervise public opinion on illegal acts. Propaganda and reports on the quality and safety of agricultural products should be true and fair.

Article 12 Farmers' professional cooperatives and agricultural product industry associations shall provide their members with production technical services in a timely manner, establish a system of agricultural quality and safety management, improve the quality and safety control system of agricultural products, and strengthen self -discipline management.

Chapter 2 Agricultural Products Quality and Safety

Risk management and standard formulation

Article 13 The state establishes the monitoring system for the quality and safety risk of agricultural products.

The competent agricultural and rural departments of the State Council shall formulate a national agricultural product quality and safety risk monitoring plan, and monitor quality and safety risk monitoring of key areas and key agricultural products. The competent agricultural and rural authorities of the people's government of the provincial, autonomous regions, and municipalities directly under the Central Government shall formulate the implementation plan for the monitoring of the quality and safety risk of agricultural products in their own administrative regions in accordance with the national agricultural quality and safety risk monitoring plan, combined with the actual actual situation of agricultural products in their administrative regions, and report to the Agricultural and Rural authorities of the State Council of the State Council. Record. The agricultural and rural competent department of the local people's government at or above the county level is responsible for organizing and implementing the monitoring of the quality and safety risk of agricultural products in the administrative area.

After the market supervision and management departments and other relevant departments of the people's governments at or above the county level, they should immediately verify and report to the competent agricultural and rural authorities at the same level when they are informed of the relevant agricultural product quality and safety risk information. The competent agricultural and rural authorities who have been reported shall report it in time. The departments that formulate agricultural product quality and safety risk monitoring plans and implementation plans shall be studied and analyzed in a timely manner, and adjustments should be made if necessary. Article 14 The state's establishment of an agricultural product quality and safety risk assessment system.

The competent agricultural and rural departments of the State Council shall set up an expert committee of agricultural product quality and safety risk assessment to analyze and evaluate the potential hazards that may affect the quality and safety of agricultural products. If the State Council's health, health, market supervision and management and other departments have found that if they need to evaluate quality and safety risk of agricultural products, they shall submit risk assessment suggestions to the competent agricultural and rural departments of the State Council.

Expert Committee of Agricultural Quality and Safety Risk Evaluation is composed of experts from agriculture, food, nutrition, biology, environment, medicine, chemical industry.

Article 15 The competent agricultural and rural departments of the State Council shall take corresponding management measures in accordance with the monitoring of the quality and safety risk and risk assessment results of agricultural products, and the supervision and management of the quality and safety risk of agricultural products, the risk assessment results in time to report The competent agricultural and rural authorities of the people's governments of the province, autonomous region, and municipality directly under the Central Government.

When the competent agricultural and rural authorities of the people's government at or above the county level carry out the monitoring and risk assessment of agricultural quality and safety risk and risk assessment, it can enter agricultural product production, storage venues, and wholesale and retail markets as needed. The collection of samples should be paid at the market price.

Article 16 The state establishes and improves the quality and safety standard system of agricultural products to ensure strict implementation. The quality and safety standard of agricultural products is the standard for enforcement, including the following requirements related to the quality and safety of agricultural products:

(1) The quality requirements, scope, usage, usage, dosage, safety interval and rest period of agricultural investment;

(2) The environment, production process, control, storage, and transportation requirements of agricultural product production areas;

(3) Requirements such as key component indicators of agricultural products;

(4) Inspection regulations related to slaughtering livestock and poultry;

(5) Other compulsory requirements related to the quality and safety of agricultural products.

If the Food Safety Law of the People's Republic of China shall be stipulated in the relevant quality and safety standards of edible agricultural products, it shall be implemented in accordance with its regulations.

Article 17 The formulation and release of the quality and safety standards of agricultural products shall be implemented in accordance with the provisions of laws and administrative regulations.

The formulation of agricultural product quality and safety standards should be fully considered the results of the evaluation of the quality and safety risk of agricultural products, and listened to the opinions of agricultural products, consumers, relevant departments, industry associations, etc. to ensure the safety of agricultural product consumption.

Article 18 The quality and safety standards of agricultural products shall be revised in a timely manner in accordance with the level of science and technology development and the quality and safety needs of agricultural products.

Article 19 The quality and safety standards of agricultural products shall be promoted by the relevant department of agricultural and rural areas.

Chapter III Agricultural Products

Article 20 The state establishes and improves the monitoring system of agricultural products.

The agricultural and rural competent departments of local people's governments at or above the county level shall formulate monitoring plans for agricultural product production sites in conjunction with the ecological environment and natural resources of the same level to strengthen the safety investigation, monitoring and evaluation of agricultural product production areas.

Article 21 The competent agricultural and rural authorities of the local people's government at or above the county level shall, in accordance with the requirements of the ecological environment, natural resources and other departments at the same level, in accordance with the requirements of the quality and safety of agricultural products, in accordance with the characteristics of agricultural product varieties and the results of the safety investigation, monitoring, and evaluation of the origin, in accordance with the soil, in accordance with the soil The provisions of laws and regulations such as pollution prevention and control proposes proposals to delineate specific agricultural products to prohibit production areas, and report it to the people's governments at the class level.

No unit or individual shall not be prohibited from planting, breeding, fishing, collecting specific agricultural products and establishing specific agricultural product production bases in specific agricultural products.

Specific measures for specific agricultural products to prohibit production areas and management shall be formulated by the ecological environment, natural resources and other departments of the State Council's agricultural and rural areas.

Article 22 Any unit or individual shall not violate the provisions of environmental protection laws and regulations to discharge or dump the wastewater, waste gas, solid waste or other toxic and harmful substances to agricultural products.

Agricultural production of water and solid waste used as fertilizers shall meet the requirements of laws, regulations and national relevant standards.

Article 23 Agricultural product producers shall scientifically and reasonably use agricultural input products such as pesticides, veterinary drugs, fertilizers, and agricultural film to prevent pollution to agricultural product production.

Producers, operators, and users of agricultural inputs such as pesticides, fertilizers, agricultural films, etc. shall be recovered and properly disposed of packaging and waste in accordance with relevant national regulations.

Article 24 The people's governments at or above the county level shall take measures to strengthen the construction of agricultural product bases, promote the construction of agricultural standardization demonstrations, and improve the production conditions of agricultural products.

Chapter 4 Agricultural Products Production

Article 25 The competent agricultural and rural authorities of local people's governments at or above the county level shall formulate technical requirements and operating procedures for ensuring quality and safety of agricultural products in accordance with the actual situation of the region, and strengthen the training and guidance of agricultural product production and operators.

Agricultural technology promotion agencies shall strengthen the training of quality and safety knowledge and skills of agricultural products and operators. The state encourages scientific and educational institutions to carry out the quality and safety training of agricultural products.

Article 26 Agricultural product manufacturers, farmers' professional cooperatives, and agricultural socialized service organization shall strengthen the quality and safety management of agricultural products. Agricultural product production enterprises shall establish a system of agricultural quality and safety management system and equipped with corresponding technical personnel; if they do not have conditions, they shall entrust people with professional and technical knowledge to conduct agricultural quality and safety guidance.

The state encourages and supports agricultural product manufacturers, farmers' professional cooperatives, and agricultural socialized service organizations to establish and implement a systematic and key control point system, implement good agricultural specifications, and improve the level of quality and safety management of agricultural products.

Article 27 Agricultural product manufacturers, farmers' professional cooperatives, and agricultural socialized service organizations shall establish record records of agricultural product production, and truthfully record the following issues:

(1) The name, source, usage, usage, dosage and use of agricultural input products;

(2) The occurrence and prevention of animal diseases, crop disease and insect pests;

(3) Date of harvesting, slaughtering or fishing.

The production record of agricultural products should be stored for at least two years. It is forbidden to forge and change agricultural product production records.

The state encourages other agricultural product producers to establish a record of agricultural product production.

Article 28 The license system is implemented in accordance with the provisions of relevant laws and administrative regulations for pesticides, veterinary drugs, feed and feed additives, fertilizer, and veterinary equipment that may affect the quality and safety of agricultural products.

The competent agricultural and rural authorities of the people's government at or above the provincial level shall regularly or irregularly organize the supervision and random inspections of agricultural inputs such as pesticides, veterinary drugs, feed and feed additives, fertilizers, and fertilizer, and announce the results of random checks.

Pesticide and veterinary drug operators shall establish sales accounts in accordance with relevant laws and administrative regulations, and record contents such as buyers, sales date, and scope of drug application.

Article 29 Agricultural product production and operators shall, in accordance with relevant laws, administrative regulations and national relevant standards, and the provisions of the competent agricultural and rural departments of the State Council, scientifically and reasonable use The provisions of the safety interval between the use of agricultural input products or the recreation period must not be over -range or overdue to use agricultural investment products to endanger the quality and safety of agricultural products.

It is forbidden to use agricultural inputs and other toxic and harmful substances that are used in the process of agricultural product production and operation.

Article 30 The facilities, equipment, disinfectants, and detergents used in agricultural product production and production activities shall comply with relevant national quality and safety regulations to prevent pollution agricultural products.

Article 31 The competent and rural authorities of the people's government at or above the county level shall strengthen the supervision and management and guidance of the use of agricultural input products, establish and improve the safety use system for agricultural investment products, promote the scientific use technology of agricultural investment products, popularize safety and environmental protection agriculture The use of input products.

Article 32 The state encourages and supports agricultural product production and operators to choose high -quality characteristic agricultural products, adopts green production technology and full quality control technology, produces green high -quality agricultural products, implements division and division, improves the quality of agricultural products, and builds agricultural products.

Article 33 The state supports the construction of cold chain logistics infrastructure in the origin of agricultural products, and improves the relevant agricultural product cold chain logistics standards, service specifications and supervision and guarantee mechanisms, ensuring the smooth, efficient, safe and convenient of cold chain logistics agricultural products, and expanding the supply of high -quality markets.

Manufacturers engaged in cold chain logistics in agricultural products shall strengthen cold chain technology innovation and application, quality and safety control in accordance with laws, regulations and relevant agricultural quality and safety standards, and implement cold chain logistics agricultural products and their packaging, transportation tools, operating environment, etc. Inspection and inspection and quarantine requirements to ensure the quality and safety of cold chain agricultural products.

Chapter 5 Agricultural Product Sales

Article 34 The agricultural products sold shall meet the quality and safety standards of agricultural products.

Agricultural product production enterprises and farmers' professional cooperatives shall test themselves according to quality and safety control requirements or commissioned inspection agencies to test the quality and safety of agricultural products; agricultural products that do not meet the quality and safety standards of agricultural products shall be taken in time and shall not be sold in a timely manner.

Agricultural technology promotion and other institutions shall provide agricultural product testing technical services for agricultural products and operators such as farmers.

Article 35 The fresh -keeping agent, preservatives, additives, packaging materials, etc. used in packaging, preservation, storage, and transportation in packaging, preservation, storage, and transportation shall comply with national relevant standards and other agricultural product quality and safety regulations.

The containers, tools and equipment that stores and transport agricultural products should be safe and harmless. It is forbidden to store and transport agricultural products with toxic and harmful substances to prevent pollution of agricultural products.

Article 36 Agricultural products with one of the following situations shall not be sold:

(1) Including pesticides, veterinary drugs or other compounds prohibited by the state;

(2) Remains or toxic and harmful substances such as pesticide, veterinary drugs such as pesticide and veterinary drugs do not meet the quality and safety standards of agricultural products;

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

(4) Failure to use fresh preservatives, preservatives, additives, packaging materials, etc., or preservatives, preservatives, additives, packaging materials, etc. used in accordance with the national relevant compulsory standards and other agricultural quality and safety regulations. And other quality and safety regulations;

(5) Animals and products of illness, poisoning or death of illness;

(6) Other circumstances that do not meet the quality and safety standards of agricultural products.

Agricultural products that are not sold in the preceding paragraph shall be dealt with in accordance with the provisions of laws and regulations.

Article 37 The wholesale market of agricultural products shall be established or commissioned to conduct inspection agencies in accordance with regulations to conduct random inspection and inspection of the quality and safety status of agricultural products sold; if they find that they do not meet the quality and safety standards of agricultural products Reports on market supervision and management, agricultural and rural areas.

Agricultural product sales enterprises shall establish a sound purchase inspection and acceptance system for agricultural products they sell; if the inspection does not meet the quality and safety standards of agricultural products, it shall not be sold.

Food producers to purchase agricultural products and other food ingredients shall, in accordance with the provisions of the Food Safety Law of the People's Republic of China, inspection permits and qualified certificates, and those who cannot provide qualified certificates shall be inspected in accordance with regulations.

Article 38 Agricultural product manufacturers, professional cooperatives of farmers, and agricultural products sold in agricultural products or individuals shall be packed or attached to the standards to meet the qualification certificate in accordance with regulations, and they must be sold after packaging or additional signs. The packaging or logo shall indicate the product name, place of production, producer, production date, shelf life, product quality level, etc. of the product's product name, place of production, producer, production date, shelf life, shelf life, product quality level; The specific measures are formulated by the competent agricultural and rural departments of the State Council.

Article 39 Agricultural product manufacturers and farmers' professional cooperatives shall implement the provisions of laws and regulations and the national relevant standards to ensure that the agricultural products they sell meet the quality and safety standards of agricultural products, and the promise to meet the standards such as quality and safety control and test results is qualified The certificate is promised not to use the banned pesticides, veterinary drugs and other compounds, and the conventional pesticides used, and the residue of veterinary drugs are not exceeded. Encourage and support farmers to issue a commitment to meet the standards when selling agricultural products. If laws and administrative regulations have special regulations on the quality and safety of livestock and poultry products, they shall comply with their provisions.

Units or individuals engaged in the acquisition of agricultural products shall be charged or preserved in accordance with regulations, preserving the commitment to meet the standard certificate or other quality and safety qualification certificates, and if the agricultural products they have acquired are mixed or sold after distribution, they shall issue a certificate of qualification for the promise to meet the standard in accordance with the regulations.

Agricultural products wholesale markets shall establish and improve the inspection and other systems for the certification of agricultural products.

The competent agricultural and rural departments of the people's governments at or above the county level shall provide guidance services for the work related to the qualification certificate to meet the standards, and strengthen daily supervision and inspection.

Agricultural product quality and safety commitment to meet the standards of qualification certificates shall be formulated by the competent agricultural and rural departments of the State Council in conjunction with the relevant departments of the State Council.

Article 40 If agricultural product manufacturers sell agricultural products through the network platform, in accordance with the laws and regulations such as the Law of the People's Republic of China and the "E -Commerce Law of the People's Republic of China" and the "Food Safety Law of the People's Republic of China" Ensure that the agricultural products they sell meet the quality and safety standards. Network platform operators shall strengthen the management of agricultural products and operators in accordance with the law.

Article 41 The state implements traceability management of agricultural products listed in the quality and safety traceability of agricultural products. The competent agricultural and rural departments of the State Council shall establish agricultural quality and safety traceability cooperation mechanisms with the market supervision and management department of the State Council. The management measures and traceability of the quality and safety traceability of agricultural products are formulated by the competent agricultural and rural departments of the State Council, in conjunction with the market supervision and management department of the State Council.

The state encourages agricultural product production and operators with informatization conditions to use modern information technology to collect, retain production records, purchase and sell records and other production and operation information.

Article 42 If the quality of agricultural products complies with the standards of high -quality agricultural products stipulated in the national regulations, agricultural products and operators may apply for the use of agricultural product quality signs. The quality signs of agricultural products are prohibited.

The state strengthens the protection and management of geographical signs of agricultural products.

Article 43 Agricultural products belonging to agricultural genetically modified organisms shall be identified in accordance with the relevant provisions of agricultural transgenic biological safety management.

Article 44 The animal and plant and its products that need to be quarantine according to law shall be attached with quarantine signs and quarantine certificates.

Chapter 6 Supervision and Management

Article 45 The competent rural authorities and market supervision and management departments of the people's government at or above the county level shall establish and improve the quality and safety collaboration mechanism for the quality and safety of agricultural products to ensure the quality and safety of agricultural products from production to consumption.

The competent agricultural and rural authorities and market supervision and management departments of the people's governments at or above the county level shall strengthen the coordination and cooperation and law enforcement of agricultural product quality and safety supervision and management during the process of storage, storage, and transportation. , Release the daily supervision and management information of the quality and safety of agricultural products.

Article 46 The competent rural authorities of the people's government at or above the county level shall formulate a supervision and random inspection plan in accordance with the monitoring of the quality and safety risk of agricultural products, the results of risk assessment, and the quality and safety of agricultural products to determine the key, methods and frequency of the quality and safety inspection of agricultural products. And the implementation of the quality and safety risk grading management of agricultural products.

Article 47 The competent rural authorities of the people's governments at or above the county level shall establish a sound random random inspection mechanism, organize and conduct agricultural quality and safety supervision and random inspections in accordance with the supervision and random inspection plan.

The random inspection and testing of agricultural quality and safety supervision shall be commissioned to conduct agricultural product quality and safety testing agencies that meet the conditions stipulated in this Law. Supervision random inspections shall not charge the person who is drawn to the inspector. The extraction sample shall be paid according to the market price, and shall not exceed the number stipulated by the competent agricultural and rural departments of the State Council. The higher -level agricultural and rural authorities supervise and randomly investigate the same batch of agricultural products, and the competent agricultural and rural authorities of the lower level shall not repeat the random inspections.

Article 48 The quality and safety testing of agricultural products shall make full use of the existing qualified testing agencies.

Institutions engaged in the quality and safety testing of agricultural products shall have corresponding testing conditions and capabilities, which are qualified by the competent agricultural and rural authorities of the people's government at or above the provincial level or its authorized department. The specific measures are formulated by the competent agricultural and rural departments of the State Council.

Agricultural product quality and safety testing agencies shall be identified in accordance with the law.

Article 49 Personnel engaged in the quality and safety testing of agricultural products shall have the corresponding professional knowledge and practical operation skills, obey the law and abide by the law, and abide by professional ethics.

Agricultural product quality and safety testing agencies are responsible for the testing report issued. The test report should be objective and fair, the testing data should be true and reliable, and false test reports are prohibited.

Article 50 The competent agricultural and rural authorities of the local people's government at or above the county level may adopt a rapid testing method identified by the State Council's agricultural and rural authorities in conjunction with the market supervision and management of the State Council to carry out random inspection and inspection of agricultural product quality and safety supervision. The results of the spot check and testing determine that the agricultural products do not meet the quality and safety standards of agricultural products, and can be used as evidence of administrative penalties.

Article 51 If the agricultural product production and operators have objections to the results of supervision and random inspection and inspection, they may within five working days from the date of receipt of the test results, and the agricultural and rural authorities of the agricultural quality and safety supervision and random inspection may be received or their upper level The competent agricultural and rural authorities applied for re -inspection. The re -inspection agency and the initial inspection agency shall not be the same institution.

The rapid testing method is adopted for the random inspection and inspection of agricultural quality and safety supervision. If the person who is spot -checked has objections to the test results, you can apply for re -inspection within four hours from the time of the test results. Re -inspection shall not adopt a fast detection method.

The re -inspection agency shall issue a test report within seven working days from the date of receiving the re -inspection sample.

If the test results are incorrect, they will be liable for compensation according to law.

Article 52 The competent agricultural and rural authorities of the local people's government at or above the county level shall strengthen the supervision and management of agricultural product production, carry out daily inspections, and focus on checking the purchase and use of agricultural product production, agricultural input products, agricultural product production records, and commitment to meet the standards of qualified certificates of standards. Wait.

The state encourages and supports grass -roots mass autonomous organizations to establish a system of agricultural quality and safety information staff to assist in carrying out relevant work.

Article 53 The supervision and inspection of the quality and safety of agricultural products is carried out, and the following measures have the right to take the following measures:

(1) Enter the production and operation site for on -site inspections to investigate the relevant situation of the quality and safety of agricultural products;

(2) Check and copy agricultural product production records, purchase and sell accounts, etc. related to the quality and safety of agricultural products;

(3) Sample testing agricultural products and agricultural input products and other related products;

(4) Seeing and seizure evidence to prove that there are hidden dangers of agricultural product quality and safety or agricultural products that have not met the quality and safety standards of agricultural products;

(5) Seeing and seizure evidence proves that agricultural input products that may endanger the quality and safety of agricultural products or have not met the quality standards of the product and other toxic and harmful substances;

(6) Seizing and seizure for facilities, equipment, venues, and transportation tools for illegal production and operation of agricultural products;

(7) Get forgery of fake agricultural product quality signs.

Agricultural product production and operators shall assist in and cooperate with the quality and safety supervision and inspection of agricultural products, and shall not refuse or obstruct it.

Article 54 The people's governments and rural areas at or above the county level shall strengthen the construction of agricultural product quality and safety credit systems, establish information such as credit records of agricultural products and operators, record information such as administrative punishment, and promote the application and management of agricultural quality and safety credit information.

Article 55 If there is a hidden quality and safety hazard during the production and operation of agricultural products, and fail to take measures in time, the agricultural and rural authorities of the local people's government at or above the county level may conduct a responsibility interview with the legal representative or main person in charge of agricultural products and operators. Essence Agricultural products and operators should immediately take measures to rectify and eliminate hidden dangers.

Article 56 The state encourages consumer associations and other units or individuals to supervise the quality and safety of agricultural products, and puts forward opinions and suggestions on the quality and safety supervision and management of agricultural products. Any unit or individual has the right to report and complain about the act of violating this law.

The competent agricultural and rural departments of the people's government at or above the county level shall establish a system of complaints and reporting a complaint reporting system for the quality and safety of agricultural products, and publicly complaint report channels. For those who do not belong to the duties of the headquarters, they shall be transferred to the authorities who have the right to handle and notify the complaint reporters in writing.

Article 57 The agricultural and rural authorities of local people's governments at or above the county level shall strengthen the professional and technical training of the professional and safety law enforcement personnel of agricultural product quality and safety law enforcement. Those who do not have corresponding knowledge and ability shall not engage in the quality and safety law enforcement of agricultural products.

Article 58 The people's governments of higher -level people shall urge the people's governments of lower -level people to perform their duties and safety responsibilities of agricultural products. For local people's governments with poor implementation of agricultural quality and safety responsibilities and prominent problems, the higher -level people's governments can interview their main responsible persons. The local people's government that is interviewed shall immediately take rectification measures. Article 59 The competent agricultural and rural departments of the State Council shall, with the relevant departments of the State Council to formulate emergency plans for national agricultural product quality and safety emergencies, and connect with the national food safety accident emergency plan.

Local people's governments at or above the county level shall formulate emergency plans for agricultural product quality and safety emergencies in their own administrative areas in accordance with the provisions of relevant laws and administrative regulations and emergency plans for the quality and safety emergencies of agricultural product quality and safety.

When an agricultural product quality and safety accident occurs, the relevant units and individuals shall take control measures to report to the township and township people's governments and the county -level people's government agricultural and rural departments in a timely manner; And report to the relevant departments of the people's governments at the level and higher -level people. When a major agricultural product quality and safety accident occurred, the State Council and its relevant departments were reported in accordance with regulations.

No unit or individual shall not conceal, report, and report the quality and safety accidents of agricultural products, and shall not hide, forge, or destroy relevant evidence.

Article 60 The market supervision and management departments of the local people's government at or above the county level shall conduct the production and operation activities of agricultural products entering wholesale, retail markets or production and processing enterprises in accordance with laws and regulations such as the Food Safety Law of the People's Republic of China and the Food Safety Law of the People's Republic of China. supervised check.

Article 61 If the agricultural rural areas, market supervision and management of the people's government at or above the county level finds that the quality and safety of agricultural products is suspected of crime, the case shall be transferred to the public security organs in a timely manner. The public security organs shall be reviewed in a timely manner for the transfer of the transfer; if a criminal facts need to be held criminally responsible, the case shall be filed.

If the public security organs do not need to investigate criminal liability in accordance with the law, but administrative penalties shall be given to administrative penalties, the case shall be transferred to agricultural rural areas, market supervision and management and other departments in a timely manner, and relevant departments shall deal with it according to law.

If the public security organs invite agricultural rural areas, market supervision and management, ecological environment and other departments to provide inspection conclusions, identification opinions, and assistance to agricultural products involved in the case, the relevant departments shall provide timely and assisted by assistance.

Chapter 7 Legal Responsibility

Article 62 In violation of the provisions of these Laws, if the local people's governments at all levels have one of the following circumstances, they will warn, record, and reserve a sanction of direct responsible persons and other direct responsible persons; Or dismissal:

(1) The responsibilities of the agricultural quality and safety supervision and management of the relevant departments are not determined, the responsibilities of the quality and safety work mechanism of agricultural products are not established, or the responsibility for the supervision and management of the quality and safety of agricultural products is not implemented;

(2) Emergency plans for emergencies of agricultural product quality and safety emergencies that have not been formulated in the administrative area, or the emergency plan was not launched in accordance with the regulations after an agricultural quality and safety accident occurred.

Article 63 In violation of the provisions of this Law, those who have one of the following actions of the people's governments at or above the county level, shall be given a big deal to the person in charge and other directly responsible persons; Or dismissal; if the circumstances are severe, the fired sanction is given; if it causes serious consequences, the main person in charge should also resign:

(1) Concealing, lying reports, and reporting agricultural product quality and safety accidents or related evidence of concealment, forgery, and destruction;

(2) Failure to investigate and deal with agricultural product quality and safety accidents in accordance with regulations, or receive reports from agricultural product quality and safety accident reports in a timely manner, causing the accident to expand or spread;

(3) After discovering the hidden risks of the quality and safety of agricultural products, the corresponding measures are not taken in time to cause the impact of the quality and safety accidents or adverse society of agricultural products;

(4) The responsibilities of the supervision and management of agricultural product quality and safety are not fulfilled, resulting in an agricultural product quality and safety accident.

Article 64: Agricultural, rural areas, market supervision and management and other departments at or above the county level, in the process of fulfilling the duties of agricultural quality and safety supervision and management, law enforcement measures such as illegal implementation inspections and compulsory shall cause losses to agricultural products and operators. Return to compensation, and punish the person in charge and other directly responsible persons in accordance with the law.

Article 65 If the quality and safety testing agency and inspection personnel of agricultural product quality and safety testing shall issue false testing reports, the agricultural and rural authorities of the people's government at or above the county level will confiscate the inspection costs charged, and the inspection fee is less than 10,000 yuan, and it will be more than 50,000 yuan or more. Feming of less than 100,000 yuan, the test cost of more than 10,000 yuan, and a fine of less than five times the test fee or less; a fine of 10,000 yuan or less than 50,000 yuan for the person in charge and other responsible persons directly responsible; the consumption makes consumption consumption If the legitimate rights and interests are damaged, the agricultural product quality and safety testing agency shall assume joint responsibility with agricultural products and operators.

Deteadies who have been punished for criminal punishment due to the quality and safety of agricultural products or a major agricultural product quality and safety accident due to false testing reports, and they must not engage in the quality and safety testing of agricultural products for life. Agricultural product quality and safety testing agencies shall not hire the above -mentioned personnel.

For the first two illegal acts of agricultural product quality and safety testing agencies, the competent authorities or institutions that have granted their qualifications or institutions have revoked the qualification certificate of the agricultural product quality and safety testing agency.

Article 66 If you violate the provisions of these Laws, if the production, breeding, fishing, collection of specific agricultural products or establishing specific agricultural products production bases in specific agricultural products shall be ordered by the competent agricultural and rural authorities of the local people's government at or above the county level. Agricultural products and illegal income are fined more than three times the illegal obtained. In violation of the laws and regulations, if it is discharged or dumped to agricultural products or dumped wastewater, waste gas, solid waste or other toxic and harmful substances, it shall be dealt with and punished in accordance with the provisions of environmental protection laws and regulations; if damage is caused, it shall bear the liability for compensation in accordance with the law.

Article 67 The producers, operators, and users of agricultural input products such as pesticides, fertilizers, agricultural film, etc. If they fail to recover and properly dispose of packaging or waste in accordance with regulations, Relevant laws and regulations are handled and punished.

Article 68 In violation of the provisions of this Law, one of the following circumstances of agricultural product manufacturers shall order the agricultural and rural authorities of the local people's government at or above the county level or order correction within a time limit; The

(1) The quality and safety management system of agricultural products is not established;

(2) It is not equipped with the corresponding agricultural product quality and safety management technical personnel, and personnel who have not commissioned professional and technical knowledge have conducted agricultural quality and safety guidance.

Article 69 Agricultural product manufacturers, farmers' professional cooperatives, and agricultural socialized service organizations fail to establish or preserve agricultural product production records in accordance with the provisions of this Law, or forged or alter agricultural product production records, shall be agricultural and rural leaders in the local people's government at or above the county level. The department shall order correction within a time limit; if the overdue is not corrected, a fine of more than 20,000 yuan or less.

Article 70 Violation of the provisions of this Law, agricultural product production and operators have one of the following actions, and if they do not constitute a crime, the agricultural and rural authorities of the local people's governments at or above the county level or order to stop production and operation, recover the existing agricultural products, and violate the law. Agricultural products produced and operated are harmless or supervised and destroyed, confiscated illegal income, and can confiscate the tools, equipment, raw materials and other items used for illegal production and operation; Fined fines of less than 100,000 yuan and less than 150,000 yuan, with a value of more than 10,000 yuan, and a fine of 15 times the value of the goods; ; If the circumstances are serious, the license with a license is revoked, and the person in charge and other directly responsible persons who are directly responsible for the public security organs can be detained for more than five days and less than 15 days:

(1) In the process of agricultural product production and operation, the use of agricultural inputs or other toxic and harmful substances that are prohibited by the state;

(2) Sales agricultural products containing pesticides, veterinary drugs or other compounds that are prohibited by the state;

(3) Animals and products that sell sick, poisoned, or unknown causes.

Knowing that the illegal acts stipulated in the preceding paragraph, if the agricultural product manufacturer still provides the production and operation venue or other conditions, the agricultural and rural authorities of the local people's government at or above the county level ordered the suspension of illegal acts, confiscated illegal income, and held 100,000 yuan If the above 200,000 yuan is fined; if the legitimate rights and interests of consumers are damaged, they shall bear joint responsibility with agricultural products and operators.

Article 71 Violation of the provisions of this Law, agricultural product production and operators have one of the following actions, and if they do not constitute a crime, the agricultural and rural authorities of the local people's government at or above the county level or order Agricultural products that are illegal production and operation are harmless or supervised and destroyed, confiscated illegal income, and can confiscate tools, equipment, raw materials and other items used for illegal production and operation; Paiming a fine of less than 50,000 yuan and 100,000 yuan, the value of the value of more than 10,000 yuan, and the value of the value of more than ten times and 20 times the amount of the value of the goods; for farmers, it will be fined for 500 yuan or less:

(1) Sales of agricultural products that are residues or toxic and harmful substances such as pesticides and veterinary drugs or contains heavy metals such as heavy metals that do not meet the quality and safety standards of agricultural products;

(2) Agricultural products that sell the pathogenic parasites, microorganisms or biological toxins containing the quality and safety standards that do not meet the quality and safety standards of agricultural products;

(3) Sales other agricultural products that do not meet the quality and safety standards of agricultural products.

Article 72 In violation of the provisions of this Law, those who have one of the following acts and operators of agricultural products shall be ordered by the competent agricultural and rural authorities of local people's governments at or above the county level or above to order agricultural products that have been sold and recover, and agricultural products that are sold and operate illegal production and operation. For harmless treatment or supervise and destruction, confiscate illegal income, and confiscate the tools, equipment, raw materials and other items used for illegal production and operation; if the value of agricultural products illegal production and operation and operation is less than 10,000 yuan, it will be 5,000 yuan The above 50,000 yuan is fined, and the value of the value of the goods is more than 10,000 yuan.

(1) Facilities, equipment, disinfection agents, detergents, etc. used in agricultural products and production activities do not meet the relevant national quality and safety regulations;

(2) Failure to use fresh preservatives, preservatives, additives, packaging materials, etc., or preservatives, preservatives, additives, packaging materials, etc. used in accordance with national relevant compulsory standards or other agricultural product quality and safety regulations, or Or other quality and safety regulations; (3) store and transport agricultural products with toxic and harmful substances.

Article 73 If there is one of the following acts in violation of the provisions of this Law, the agricultural and rural authorities of the local people's governments at or above the county level shall be criticized and educated in accordance with their duties, and shall be ordered to make corrections within a time limit. Fine below yuan:

(1) Agricultural product manufacturers, farmers' professional cooperatives, units or individuals engaged in agricultural products acquisitions have not issued a certificate of qualifications in accordance with regulations;

(2) Units or individuals engaged in the acquisition of agricultural products fail to collect or preserve the qualified certificate or other qualified certificates in accordance with regulations.

Article 74 If agricultural product production and operators take agricultural quality signs or sell agricultural products with agricultural product quality signs, the agricultural and rural authorities of local people's governments at or above the county level shall be corrected in accordance with their duties and confiscate illegal income; illegal production and operation and operation If the value of agricultural products is less than 5,000 yuan, it will be fined 5,000 yuan and 50,000 yuan. The value of the value of more than 5,000 yuan will be fined more than ten times the amount of the goods.

Article 75 If you violate the traceability of the quality and safety of this law, the agricultural and rural authorities of the local people's governments at or above the county level shall be corrected within a time limit in accordance with the duties; if they do not correction within the time limit, they may impose a fine of less than 10,000 yuan.

Article 76 If you violate the provisions of this Law, refuse and obstruct the quality and safety supervision and inspection of agricultural products, accident investigation, sampling testing, and risk assessment of agricultural product quality, safety and safety, and risk assessment shall be ordered to suspend production in accordance with your responsibilities, and in accordance with the responsibility Feming for less than 10,000 yuan; those who violate public security management shall be punished by public security organs in accordance with the law.

Article 77 The "Food Safety Law of the People's Republic of China" shall be stipulated by the illegal acts and legal responsibilities of the wholesale, retail market or production and processing enterprises of edible agricultural products, shall be Punit.

Article 78 If a crime is constituted in violation of the provisions of this Law, criminal responsibility shall be investigated in accordance with the law.

Article 79 If you violate the provisions of this Law and cause personal, property or other damage to consumers, they shall bear civil liability for civil compensation in accordance with the law. When the property of the manufacturer is not enough to bear the liability for civil compensation and pay the fine, and the fine, it will first bear the liability for civil compensation.

If the production and operators of edible agricultural products violate the provisions of this Law, pollute the environment, infringe on the legitimate rights and interests of many consumers, and harm social public interests, the People's Procuratorate may be in accordance with the Laws of the People's Republic of China Civil Procedure Law and the People's Republic of China Administrative Procedure Law. The regulations shall filed a lawsuit with the people's court.

Chapter 8

Article 80 The quality and safety management of grain acquisition, storage, and transportation shall be implemented in accordance with laws and administrative regulations on grain management.

Article 81 This law shall be implemented from January 1, 2023.

(China People's Congress Network)

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