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

Presidential Decree

Number 49

The "Law of the People's Republic of China on Quality and Safety of Agricultural Products" was passed by the 21st Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on April 29, 2006 and is hereby promulgated, effective from November 1, 2006. Implementation.

President of the People's Republic of China Hu Jintao

April 29, 2006

People's Republic of China Quality and Safety Act

(Adopted at the 21st Meeting of the Standing Committee of the Tenth National People's Congress on April 29, 2006)

table of Contents

Chapter 1 General Provisions

Chapter II Quality and Safety Standards for Agricultural Products

Chapter III Agricultural Product Origin

Chapter IV Production of Agricultural Products

Chapter V Agricultural Product Packaging and Labeling

Chapter VI Supervision and Inspection

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

Chapter 1 General Provisions

Article 1 This Law is formulated for the purpose of safeguarding the quality and safety of agricultural products, safeguarding public health and promoting the development of agriculture and rural economy.

Article 2 The term "agricultural products" as used in this Act refers to primary products derived from agriculture, ie, plants, animals, microbes and their products obtained in agricultural activities.

The "quality and safety of agricultural products" mentioned in this Law means that the quality of agricultural products meets the requirements for safeguarding people's health and safety.

Article 3 The administrative department of agriculture of the people's government at or above the county level shall be responsible for the supervision and administration of the quality and safety of agricultural products; the relevant departments of the people's government at or above the county level shall, in accordance with the division of responsibilities, be responsible for the work relating to the quality and safety of agricultural products.

Article 4 The people's governments at or above the county level shall incorporate the management of the quality and safety of agricultural products into the national economic and social development plans at the same level, and arrange the funds for the quality and safety of agricultural products for the quality and safety of agricultural products.

Article 5 Local people's governments at or above the county level shall unite in their leadership and coordination of the quality and safety of agricultural products within their respective administrative regions, and shall take measures to establish and improve a quality and safety service system for agricultural products so as to improve the quality and safety of agricultural products.

Article 6 The competent administrative department of agriculture under the State Council shall establish an expert committee on the quality and safety risk assessment of agricultural products, composed of relevant experts, to carry out risk analysis and assessment of potential hazards that may affect the quality and safety of agricultural products.

The agriculture administrative department of the State Council shall take corresponding management measures according to the risk assessment results of quality and safety of agricultural products, and promptly notify the relevant departments of the State Council of the risk assessment results of quality and safety of agricultural products.

Article 7 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 publish information on the quality and safety of agricultural products in accordance with the terms of reference.

Article 8 The State shall guide and popularize the standardized production of agricultural products, encourage and support the production of high-quality agricultural products, and prohibit the production and sale of agricultural products that do not meet the quality and safety standards for agricultural products prescribed by the State.

Article 9 The State supports research on the scientific and technical aspects of the quality and safety of agricultural products, promotes scientific quality and safety management methods, and promotes advanced and safe production technologies.

Article 10 The people's governments at various levels and relevant departments shall strengthen the publicity of agricultural product quality and safety knowledge, raise public awareness of the quality of agricultural products and safety, and guide producers and sellers of agricultural products to strengthen quality and safety management and ensure the safety of agricultural products.

Chapter II Quality and Safety Standards for Agricultural Products

Article 11 The State establishes a sound quality and safety standard system for agricultural products. Agricultural product quality safety standards are mandatory technical specifications.

The formulation and publication of agricultural product quality and safety standards shall be implemented in accordance with relevant laws and administrative regulations.

Article 12 The formulation of quality and safety standards for agricultural products shall fully consider the results of risk assessment of quality and safety of agricultural products, and listen to opinions of producers, sellers and consumers of agricultural products to ensure consumer safety.

Article 13 The quality and safety standards for agricultural products shall be revised in a timely manner in accordance with the level of scientific and technological development and the need for quality and safety of agricultural products.

Article 14 The quality and safety standards for agricultural products shall be organized and implemented by the competent department of agriculture administration in consultation with relevant departments.

Chapter III Agricultural Product Origin

Article 15 The agricultural administrative department of the local people's government at or above the county level shall, in accordance with the requirements for safeguarding the quality and safety of agricultural products, consider that they are not suitable for the production of specific agricultural products according to the characteristics of the varieties of agricultural products and the status of toxic and hazardous substances in the atmosphere, soil, and water in production areas, The proposed production-prohibited areas shall be announced after approval by the people's government at the same level. The specific measures shall be formulated by the competent administrative department of agriculture of the State Council in consultation with the competent department of environmental protection administration under the State Council.

The prohibition of production areas for agricultural products shall be adjusted in accordance with the procedures prescribed in the preceding paragraph.

Article 16 People's governments at or above the county level shall take measures to strengthen the construction of agricultural product bases and improve the production conditions of agricultural products.

The administrative department of agriculture of the people's government at or above the county level shall take measures to promote the construction of a standardized production comprehensive demonstration area, demonstration farms, aquaculture community, and non-prescribed animal and plant epidemic areas that guarantee the quality and safety of agricultural products.

Article 17 It is forbidden to produce, catch, collect edible agricultural products and establish agricultural production bases in areas where toxic and hazardous substances exceed the prescribed standards.

Article 18 It is forbidden to discharge or dump waste water, waste gas, solid waste or other toxic and harmful substances to the place of origin of agricultural products in violation of laws and regulations.

Water for agricultural production and solid waste used as fertilizer should meet the standards set by the state.

Article 19 Producers of agricultural products shall rationally use chemical products such as chemical fertilizers, pesticides, veterinary drugs, agricultural films, etc. to prevent pollution to the place of origin of agricultural products.

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