The new Agricultural Product Quality and Safety Law was promulgated and came into force on January 1, 2023

Decree of the President of the People's Republic of China No.
120 The Law of the People's Republic of China on the Quality and Safety of Agricultural Products was amended and adopted by the 36th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on September 2, 2022, and is hereby promulgated and shall come into force on
January 1, 2023 。 President of the People's Republic of China Xi Jinping September 2, 2022 Law of the People's Republic of China on the Quality and Safety of Agricultural Products (Adopted at the 21st Session of the Standing Committee of the Tenth National People's Congress on April 29, 2006 Amended in accordance with the Decision of the Standing Committee of the Thirteenth National People's Congress on Amending the Law of the People's Republic of China on the Protection of Wild Animals and Other Fifteen Laws at the Sixth Meeting of the Standing Committee of the Thirteenth National People's Congress on October 26, 2018 Revised at the 36th Meeting of the Standing Committee of the 13th National People's Congress on September 2, 2022) Table of Contents Chapter I General Provisions Chapter II Risk Management and Standard Formulation of Agricultural Product Quality and Safety Chapter III Origin of Agricultural Products Chapter IV Production of Agricultural Products Chapter V Sales of Agricultural Products Chapter VI Supervision and Management Chapter VII Legal Responsibility Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 This Law
is formulated in order to ensure the quality and safety of agricultural products, safeguard public health, and promote agricultural and rural economic development 。 Article 2"Agricultural products" as used in this Law refers to primary products derived from planting, forestry, animal husbandry and fisheries, that is, plants, animals, microorganisms and their products
obtained in agricultural activities.
"Quality and safety of agricultural products" as used in this Law refers to the quality of agricultural products that meet the quality and safety standards of agricultural products and meet the requirements for
ensuring human health and safety.
Article 3 This Law
shall apply to the production and operation of agricultural products and their supervision and management activities related to the quality and safety of agricultural products.
Where the Food Safety Law of the People's Republic of China has made provisions on the market sale of edible agricultural products, the formulation of relevant quality and safety standards, the publication of relevant safety information, and agricultural inputs, its provisions shall be observed
.
Article 4: The State strengthens efforts on the quality and safety of agricultural products, implements governance at the source, risk management, and full-process control, establishes a scientific and strict supervision and management system, and builds a coordinated and efficient social co-governance system
.
Article 5 The competent departments for agriculture and rural affairs under the State Council and the market supervision and management departments shall, in accordance with the duties provided for in this Law and the provisions, supervise and manage
the quality and safety of agricultural products.
Other relevant departments of the State Council shall, in accordance with the duties provided for in this Law and provisions, undertake work
related to the quality and safety of agricultural products.
Article 6 Local people's governments at or above the county level shall be responsible for the quality and safety of agricultural products in their respective administrative regions, uniformly lead, organize and coordinate the quality and safety work of agricultural products in their respective administrative regions, establish and complete work mechanisms for the quality and safety of agricultural products, and raise the quality and safety level of agricultural products
.
Local people's governments at the county level or above shall, in accordance with this Law and relevant provisions, determine the responsibilities of the competent departments for agriculture and rural areas at that level, the market supervision and management departments, and other relevant departments for the supervision and management of the quality and safety of agricultural products
.
Within the scope of their duties, each relevant department shall be responsible for the supervision and management of the quality and safety of agricultural products in its respective administrative regions
.
Township and town 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 governments at higher levels and their relevant departments in doing a good job in the supervision and management of the quality and safety of agricultural products
.
Article 7 Producers and traders of agricultural products shall be responsible for
the quality and safety of the agricultural products they produce and trade.
Producers and traders of agricultural products shall engage in production and business activities in accordance with laws, regulations, and agricultural product quality and safety standards, be honest and self-disciplined, accept social supervision, and bear social responsibility
.
Article 8 People's governments at the county level or above shall include the work of quality and safety management of agricultural products in the national economic and social development plans at the same level, and the necessary funds shall be included in the budgets of that level, so as to strengthen the capacity building for the supervision and management of the quality and safety of agricultural products
.
Article 9: The State guides and popularizes the standardized production of agricultural products, encourages and supports the production of green and high-quality agricultural products, and prohibits the production and sale of agricultural products that do not conform to the quality and safety standards for agricultural products
provided by the State.
Article 10 The State supports scientific and technological research on the quality and safety of agricultural products, promotes scientific quality and safety management methods, and popularizes advanced and safe production technologies
.
The State strengthens international exchanges and cooperation
in science and technology on the quality and safety of agricultural products.
Article 11: People's governments at all levels and relevant departments shall strengthen publicity on the quality and safety of agricultural products, give play to the advantages and roles of grass-roots mass autonomous organizations and rural collective economic organizations, guide agricultural product producers and operators to strengthen quality and safety management, and ensure the safety of
agricultural product consumption.
The news media shall carry out public interest publicity on laws and regulations on the quality and safety of agricultural products and knowledge on the quality and safety of agricultural products, and conduct public opinion supervision
of illegal conduct.
Publicity and reporting on the quality and safety of agricultural products shall be truthful and fair
.
Article 12 Farmers' professional cooperatives and agricultural product industry associations shall promptly provide production technical services to their members, establish a management system for the quality and safety of agricultural products, improve the quality and safety control system for agricultural products, and strengthen self-discipline management
.
Chapter II Risk Management and Standard Formulation of Agricultural Product Quality and Safety Article 13 The State establishes a monitoring system for the quality and safety risks of agricultural products
.
The competent department of agriculture and rural affairs under the State Council shall formulate a national agricultural product quality and safety risk monitoring plan, and conduct quality and safety risk monitoring
in key areas and key agricultural product varieties.
The competent departments for agriculture and rural affairs of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, on the basis of the national agricultural product quality and safety risk monitoring plan and in combination with the actual production and operation of agricultural products in that administrative region, formulate an implementation plan for monitoring the quality and safety risks of agricultural products in that administrative region, and report it to the competent department of agriculture and rural affairs under the State Council for the record
.
The competent departments for agriculture and rural affairs of local people's governments at or above the county level shall be responsible for organizing and implementing the monitoring of the quality and safety risks of agricultural products
in their respective administrative region After the market supervision and management departments of people's governments at the county level or above and other relevant departments learn of the information on the quality and safety risks of agricultural products, they shall immediately verify and notify the competent departments for agriculture and rural affairs
at the same level.
The competent departments for agriculture and rural affairs that receive the notification shall promptly report it
.
The departments that formulate the monitoring plans and implementation plans for the quality and safety risks of agricultural products shall promptly study and analyze them, and make adjustments
when necessary.
Article 14: The State establishes a risk assessment system for the quality and safety of agricultural products
.
The competent department of agriculture and rural affairs under the State Council shall establish an expert committee on the quality and safety risk assessment of agricultural products to conduct risk analysis and assessment
of potential hazards that may affect the quality and safety of agricultural products.
Where the Department of Health and Market Supervision and Administration under the State Council finds that it is necessary to conduct a quality and safety risk assessment of agricultural products, it shall submit risk assessment suggestions to the competent department of agriculture and rural affairs
under the State Council.
The Expert Committee on Quality and Safety Risk Assessment of Agricultural Products is composed of experts in
agriculture, food, nutrition, biology, environment, medicine, chemical industry and other fields.
Article 15 The competent departments for agriculture and rural affairs under the State Council shall adopt corresponding management measures on the basis of the results of the monitoring and risk assessment of the quality and safety risks of agricultural products, and promptly notify the state council departments for market supervision and management, health and health and other departments and the competent departments for agriculture and rural affairs of the people's governments of relevant provinces, autonomous regions, and municipalities directly under the Central Government
.
When the competent departments for agriculture and rural affairs of people's governments at the county level or above carry out monitoring and risk assessment of the quality and safety of agricultural products, they may enter the production areas, storage sites, and wholesale and retail markets
of agricultural products as needed.
Sample collection shall be paid according to the market price
.
Article 16: The State establishes and completes a system of quality and safety standards for agricultural products to ensure strict implementation
.
Agricultural product quality and safety standards are mandatory standards, including the following requirements related to the quality and safety of agricultural products: (1) agricultural input quality requirements, scope of use, usage, dosage, safety interval and drug suspension period regulations; (2) Requirements for the environment of the place of origin and the production process control, storage, and transportation of agricultural products; (3) Requirements such as key ingredient indicators for agricultural products; (4) Inspection procedures related to the slaughter of livestock and poultry; (5) Other mandatory requirements related to the quality and safety of agricultural products
.
Where the Food Safety Law of the People's Republic of China makes provisions on the relevant quality and safety standards for edible agricultural products, it shall be implemented
in accordance with those provisions.
Article 17 The formulation and promulgation of quality and safety standards for agricultural products shall be carried out
in accordance with the provisions of laws and administrative regulations.
The formulation of quality and safety standards for agricultural products shall give full consideration to the results of the risk assessment of the quality and safety of agricultural products, and listen to the opinions of producers and traders of agricultural products, consumers, relevant departments, industry associations, etc.
, to ensure the safety of
agricultural product consumption.
Article 18 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 needs of the quality and safety of agricultural products.
Article 19: The quality and safety standards for agricultural products are to be promoted and implemented by the competent departments for agriculture and rural affairs in consultation with relevant departments
.
Chapter III Origins of Agricultural Products Article 20 The State establishes and completes a monitoring system
for the origins of agricultural products.
The competent departments for agriculture and rural affairs of local people's governments at the county level or above shall, together with departments such as for the ecological environment and natural resources at the same level, formulate monitoring plans for the origin of agricultural products, and strengthen the investigation, monitoring, and evaluation of
the safety of agricultural products.
Article 21: The competent departments for agriculture and rural affairs of local people's governments at the county level or above shall, in conjunction with departments for the ecological environment and natural resources at the same level, follow the requirements for ensuring the quality and safety of agricultural products, and on the basis of the characteristics of agricultural product varieties and the safety of production areas, the results of investigation, monitoring, and evaluation, in accordance with thatIn accordance with the provisions of laws and regulations such as soil pollution prevention and control, put forward proposals for delineating areas where the production of specific agricultural products is prohibited, and report them to the people's government at the same level for approval before implementation
.
No one or one may plant, breed, fish, collect specific agricultural products or establish production bases
for specific agricultural products in areas where the production of specific agricultural products is prohibited.
Specific measures for the delimitation and management of areas where production of specific agricultural products is prohibited shall be formulated
by the competent department of agriculture and rural affairs under the State Council in consultation with the departments of ecological environment and natural resources under the State Council.
Article 22: No one or individual shall discharge or dump wastewater, waste gas, solid waste or other toxic and harmful substances into the places where agricultural products are produced in violation of the provisions of relevant laws and regulations
on environmental protection.
Water used for agricultural production and solid waste used as fertilizer shall comply with the requirements
of laws, regulations and relevant mandatory national standards.
Article 23 Producers of agricultural products shall scientifically and rationally use agricultural inputs such as pesticides, veterinary drugs, fertilizers, and agricultural films to prevent pollution
of the places where agricultural products are produced.
Producers, operators and users of agricultural inputs such as pesticides, fertilizers, and agricultural films shall recycle and properly dispose of packaging and waste
in accordance with the relevant provisions of the State.
Article 24 People's governments at the county level or above shall adopt measures to strengthen the construction of agricultural product bases, advance the construction of agricultural standardization demonstrations, and improve the production conditions for agricultural products
.
Chapter IV Production of Agricultural Products Article 25 The competent departments for agriculture and rural affairs of local people's governments at or above the county level shall, on the basis of the actual conditions in their respective regions, formulate production technical requirements and operating procedures for ensuring the quality and safety of agricultural products, and strengthen training and guidance
for producers and traders of agricultural products.
Agricultural technology extension institutions shall strengthen the training
of quality and safety knowledge and skills for producers and operators of agricultural products.
The State encourages scientific research and educational institutions to carry out training on the quality and safety of agricultural products
.
Article 26 Agricultural product production enterprises, farmers' professional cooperatives, and agricultural socialization service organizations shall strengthen the quality and safety management of agricultural products
.
Agricultural product production enterprises shall establish a quality and safety management system for agricultural products and allocate corresponding technical personnel; Where there are no conditions for allocation, personnel with professional and technical knowledge shall be entrusted to conduct guidance on the quality and safety of agricultural products
.
The State encourages and supports agricultural product production enterprises, farmers' professional cooperatives, and agricultural socialization service organizations to establish and implement a system of hazard analysis and key control points, implement good agricultural norms, and improve the quality and safety management level of agricultural products
。 Article 27 Agricultural product production enterprises, farmers' professional cooperatives, and agricultural socialization service organizations shall establish records of the production of agricultural products, truthfully recording the following matters: (1) The name, source, usage, dosage, and use of agricultural inputs, and the date of discontinuation; (2) The occurrence and prevention and control of animal diseases and crop diseases and insect pests; (3) The date
of harvest, slaughter or fishing.
Records of agricultural production shall be kept for at least two years
.
It is forbidden to forge or alter records of the production of agricultural products
.
The State encourages other producers of agricultural products to establish records of the production of agricultural products
.
Article 28 A licensing system
shall be implemented in accordance with the provisions of relevant laws and administrative regulations for pesticides, veterinary drugs, feed and feed additives, fertilizers and veterinary instruments that may affect the quality and safety of agricultural products.
The competent departments for agriculture and rural affairs of people's governments at the provincial level or above shall periodically or irregularly organize supervision and spot checks of agricultural inputs such as pesticides, veterinary drugs, feed and feed additives, and fertilizers that may endanger the quality and safety of agricultural products, and publish the results
of the spot checks.
Pesticide and veterinary drug operators shall establish sales accounts in accordance with the provisions of relevant laws and administrative regulations, recording the
purchaser, the date of sale, and the scope of drug application 。 Article 29 Producers and traders of agricultural products shall, in accordance with relevant laws, administrative regulations, and relevant mandatory standards of the State and the provisions of the competent departments for agriculture and rural affairs under the State Council, scientifically and rationally use pesticides, veterinary drugs, feed and feed additives, fertilizers and other agricultural inputs, and strictly implement the provisions on the safe interval or drug suspension period for the use of agricultural inputs; Agricultural inputs must not be used beyond the scope or in excess of doses to endanger the quality and safety
of agricultural products.
It is forbidden to use agricultural inputs and other toxic and harmful substances prohibited by the state in the production and operation of agricultural products
.
Article 30 The facilities, equipment, disinfectants, detergents, etc.
used in the production sites of agricultural products and in production activities shall comply with the relevant national quality and safety regulations to prevent the pollution of agricultural products
.
Article 31: The competent departments for agriculture and rural affairs of people's governments at the county level or above shall strengthen supervision, management, and guidance on the use of agricultural inputs, establish and complete systems for the safe use of agricultural inputs, popularize the scientific use of technologies for agricultural inputs, and popularize the use of
safe and environmentally friendly agricultural inputs.
Article 32: The State encourages and supports producers and operators of agricultural products to select varieties of high-quality and characteristic agricultural products, adopt green production techniques and whole-process quality control technologies, produce green and high-quality agricultural products, implement grading and grading, improve the quality of agricultural products, and create brands of agricultural products
.
Article 33 The State supports the construction of cold chain logistics infrastructure in agricultural product production areas, completes relevant cold chain logistics standards, service specifications and regulatory guarantee mechanisms for agricultural products, ensures that cold chain logistics of agricultural products are smooth, efficient, safe and convenient, and expands high-quality market supply
.
Producers and operators engaged in cold chain logistics of agricultural products shall, in accordance with laws, regulations and relevant quality and safety standards for agricultural products, strengthen the innovation and application of cold chain technology and quality and safety control, and implement the inspection, testing and quarantine requirements for cold chain logistics agricultural products and their packaging, means of transportation, operating environment, etc.
, to ensure the quality and safety
of cold chain agricultural products.
Chapter V Sales of Agricultural Products Article 34 Agricultural products sold shall comply with the quality and safety standards of agricultural products
.
Agricultural product production enterprises and farmers' professional cooperatives shall conduct testing of the quality and safety of agricultural products on their own or by entrusting testing institutions in accordance with the requirements of quality and safety control; Agricultural products that have been tested to be inconsistent with the quality and safety standards of agricultural products shall promptly adopt control measures and must not be sold
.
Agricultural technology extension and other such institutions shall provide agricultural product testing technical services for farmers and other agricultural product producers and operators
.
Article 35 The preservatives, preservatives, additives, packaging materials, etc.
used in the packaging, preservation, storage and transportation of agricultural products shall comply with the relevant mandatory standards of the State and other provisions on the quality and safety of agricultural products
.
Containers, tools and equipment for storing and transporting agricultural products shall be safe and harmless
.
It is forbidden to store and transport agricultural products together with toxic and harmful substances to prevent the pollution of agricultural products
.
Article 36 Agricultural products with any of the following circumstances shall not be sold: (1) Containing pesticides, veterinary drugs or other compounds prohibited by the State; (2) Pesticides, veterinary drugs and other chemical substances residues or heavy metals and other toxic and harmful substances do not meet the quality and safety standards of agricultural products; (3) Containing pathogenic parasites, microorganisms or biological toxins that do not meet the quality and safety standards of agricultural products; (4) Failing to use preservatives, preservatives, additives, packaging materials, etc.
in accordance with the relevant national mandatory standards and other provisions on the quality and safety of agricultural products, or using preservatives, preservatives, additives, packaging materials, etc.
that do not conform to the relevant national mandatory standards and other quality and safety regulations; (5) Animals and their products that have died of illness, poisoning, or whose cause of death is unknown; (6) Other situations that do not meet the quality and safety standards for
agricultural products.
Agricultural products that may not be sold as provided for in the preceding paragraph shall be disposed
of in accordance with the provisions of laws and regulations.
Article 37 The wholesale market for agricultural products shall, in accordance with regulations, establish or entrust testing institutions to conduct spot checks and tests on the quality and safety of agricultural products entering the market; Where it is found that the quality and safety standards of agricultural products are not met, the seller shall be required to immediately stop selling and report
to the local market supervision and management, agriculture and rural areas and other departments.
Agricultural product marketing enterprises shall establish and improve the inspection and acceptance system for incoming goods for the agricultural products they sell; Those who do not meet the quality and safety standards of agricultural products after inspection shall not be sold
.
Food producers purchasing agricultural products and other food raw materials shall inspect the license and certificate of conformity in accordance with the provisions of the Food Safety Law of the People's Republic of China, and those who cannot provide the certificate of conformity shall conduct inspections
in accordance with the regulations.
Article 38 Where agricultural product production enterprises, farmers' professional cooperatives, and agricultural products engaged in the purchase of agricultural products or sold by individuals shall be packaged in accordance with regulations or accompanied by labels such as certificates of conformity for undertaking to meet the standards, they shall be packaged or additionally labeled before they can be sold
.
The packaging or label shall indicate the product's name, place of origin, producer, production date, shelf life, product quality grade and other contents in accordance with regulations; Where additives are used, the name
of the additive shall also be indicated in accordance with the provisions.
Specific measures shall be formulated by the competent department for agriculture and rural affairs under
the State Council.
Article 39 Agricultural product production enterprises and farmers' professional cooperatives shall implement the provisions of laws and regulations and the relevant mandatory standards of the State, ensure that the agricultural products they sell comply with the quality and safety standards of agricultural products, and issue certificates of conformity for undertaking to meet the standards on the basis of quality and safety control and testing results, promising not to use banned pesticides, veterinary drugs and other compounds and not to exceed the standards of conventional pesticides and veterinary drug residues
used.
Encourage and support farmers to issue certificates of conformity for the commitment to meet the standards when selling agricultural products
.
Laws and administrative regulations on the quality and safety of livestock and poultry productsWhere there are special provisions on the certificate of conformity, those provisions shall be observed
.
Those engaged in the purchase of agricultural products or individuals shall, in accordance with regulations, collect and preserve certificates of conformity or other quality and safety certificates of conformity for the commitment to meet the standards, and where the agricultural products they purchase are mixed or sub-packaged and sold, they shall issue a certificate
of conformity for the commitment to meet the standards in accordance with the provisions.
The wholesale market for agricultural products shall establish and improve systems
such as the inspection of certificates of conformity for agricultural products that have promised to meet the standards.
The competent departments for agriculture and rural affairs of people's governments at the county level or above shall do a good job of guiding services related to the commitment to meet the standard certificates, and strengthen routine supervision and inspection
.
The measures for the management of certificates of conformity for agricultural product quality and safety commitments shall be formulated
by the competent department of agriculture and rural affairs under the State Council in conjunction with the relevant departments of the State Council.
Article 40 Where producers and traders of agricultural products sell agricultural products through online platforms, they shall strictly implement their responsibilities for quality and safety in accordance with the provisions of this Law, the "E-commerce Law of the People's Republic of China", the "Food Safety Law of the People's Republic of China" and other laws and regulations, and ensure that the agricultural products they sell meet the quality and safety standards
.
Network platform operators shall strengthen management
of producers and traders of agricultural products in accordance with law.
Article 41 The State shall carry out traceability management of agricultural products included in the catalogue of traceability of the quality and safety of agricultural products
.
The competent departments for agriculture and rural affairs under the State Council shall, together with the departments for market supervision and management under the State Council, establish mechanisms for tracing and coordinating the quality and safety of agricultural products
.
The measures for the management of traceability of the quality and safety of agricultural products and the traceability catalogue shall be formulated
by the competent department of agriculture and rural affairs under the State Council in conjunction with the departments of market supervision and management under the State Council.
The State encourages producers and operators of agricultural products with informationization conditions to use modern information technology means to collect and retain production and operation information such as production records, purchase and sales records, and so on
.
Article 42 Where the quality of agricultural products meets the relevant standards for high-quality agricultural products prescribed by the State, producers and traders of agricultural products may apply for the use of agricultural product quality marks
.
The fraudulent use of agricultural product quality marks is prohibited
.
The State shall strengthen the protection and management of agricultural products with geographical indications
.
Article 43 Agricultural products that belong to agricultural genetically modified organisms shall be labeled
in accordance with the relevant provisions on the safety management of agricultural genetically modified organisms.
Article 44 Animals and plants and their products that need to be quarantined in accordance with law shall be accompanied by quarantine marks and quarantine certificates
.
Chapter VI Supervision and Management Article 45 The competent departments for agriculture and rural affairs of people's governments at the county level or above and the departments for market supervision and management shall establish and complete mechanisms for the supervision and management of the whole process of agricultural product quality and safety, to ensure the quality and safety
of agricultural products in all links from production to consumption 。 The competent departments for agriculture and rural affairs and market supervision and management departments of people's governments at the county level or above shall strengthen coordination and cooperation and law enforcement linkages in the process of purchasing, storing, and transporting the quality and safety supervision and management of agricultural products, promptly report and share information on the supervision and management of the quality and safety of agricultural products, and in accordance with their duties and powers, release information on the daily supervision and management of the quality and safety of agricultural products
。 Article 46: The competent departments for agriculture and rural affairs of people's governments at the county level or above shall, on the basis of the monitoring of the quality and safety risks of agricultural products, the results of risk assessments, and the quality and safety status of agricultural products, formulate plans for supervision and random inspections, determine the focus, methods, and frequency of supervision and inspection of the quality and safety of agricultural products, and implement hierarchical management
of the quality and safety risks of agricultural products.
Article 47: The competent departments for agriculture and rural affairs of people's governments at the county level or above shall establish and complete random inspection mechanisms, and organize and carry out supervision and random inspections of the quality and safety of agricultural products in accordance with the supervision and random inspection
plan.
The quality and safety supervision and random inspection of agricultural products shall be entrusted to the agricultural product quality and safety testing institutions that meet the requirements provided for in this Law
.
Supervision and spot checks must not be charged fees to the person being inspected, and the samples taken shall be paid in accordance with the market price, and must not exceed the quantity
prescribed by the competent department of agriculture and rural affairs under the State Council.
The competent departments for agriculture and rural areas at a higher level shall supervise and inspect the same batch of agricultural products, and the competent departments for agriculture and rural affairs at a lower level shall not repeat the spot checks
separately.
Article 48: Quality and safety testing of agricultural products shall make full use of existing testing institutions
that meet the requirements.
Institutions engaged in quality and safety testing of agricultural products shall have the corresponding testing conditions and capabilities, and shall be assessed
by the competent departments for agriculture and rural affairs of the people's governments at the provincial level or above or by the departments authorized by them.
Specific measures shall be formulated by the competent department for agriculture and rural affairs under
the State Council.
Agricultural product quality and safety testing institutions shall be qualified
in accordance with law.
Article 49 Personnel engaged in the quality and safety testing of agricultural products shall have corresponding professional knowledge and practical operation skills, abide by discipline and law, and abide by professional ethics
.
Agricultural product quality and safety testing institutions are responsible for
the test reports issued.
The test report shall be objective and fair, the test data shall be true and reliable, and it is prohibited to issue false test reports
.
Article 50: The competent departments for agriculture and rural affairs of local people's governments at the county level or above may employ rapid testing methods determined by the competent departments for agriculture and rural affairs under the State Council in conjunction with the departments for market supervision and management under the State Council to carry out spot checks and tests for the quality and safety of agricultural products
.
Where the results of spot checks and tests determine that the relevant agricultural products do not meet the quality and safety standards for agricultural products, they may be used as evidence
of administrative punishment.
Article 51 Where producers and traders of agricultural products have objections to the results of supervision and random inspections, they may, within five working days from the date of receipt of the test results, apply for a re-inspection to the competent department for agriculture and rural areas carrying out the supervision and random inspection of the quality and safety of agricultural products
or the competent department for agriculture and rural areas at the level above them.
The re-inspection body and the initial inspection body shall not be the same body
.
The rapid testing method is used to carry out the quality and safety supervision and random inspection of agricultural products, and if the person being sampled has objections to the test results, he may apply for re-inspection within four hours from the time of receipt of the test
results.
Re-inspection shall not use rapid detection methods
.
The re-inspection institution shall issue a test report
within seven working days from the date of receipt of the re-inspection sample.
Where damages are caused to the parties due to errors in the test results, they shall bear the liability for compensation
in accordance with law.
Article 52: The competent departments for agriculture and rural affairs of local people's governments at the county level or above shall strengthen supervision and management of the production of agricultural products, carry out routine inspections, focusing on inspecting the
environment of the places where agricultural products are produced, the purchase and use of agricultural inputs, the production records of agricultural products, and the issuance of certificates of conformity for undertaking to meet standards.
The State encourages and supports grass-roots mass autonomous organizations to establish a work system for agricultural product quality and safety informants and assist in carrying out relevant work
.
Article 53 To carry out supervision and inspection of the quality and safety of agricultural products, it has the right to take the following measures: (1) Enter production and business sites to conduct on-site inspections and investigate and understand the relevant situation of the quality and safety of agricultural products; (2) Consulting and reproducing agricultural product production records, purchase and sale ledgers, and other materials related to the quality and safety of agricultural products; (3) Sampling and testing of agricultural products produced and traded, agricultural inputs used, and other relevant products; (4) Sealing or seizing agricultural products that have evidence to prove the existence of potential safety hazards in the quality or safety of agricultural products or that do not meet the quality and safety standards for agricultural products after testing; (5) Sealing or seizing agricultural inputs and other toxic and harmful substances that have evidence to prove that they may endanger the quality and safety of agricultural products or that do not meet product quality standards after testing; (6) Sealing or seizing facilities, equipment, venues, and means of transport used in the illegal production and operation of agricultural products; (7) Confiscation of forged quality marks for agricultural products
.
Producers and traders of agricultural products shall assist and cooperate with the supervision and inspection of the quality and safety of agricultural products, and shall not refuse or obstruct
.
Article 54: Departments for agriculture and rural affairs such as people's governments at the county level or above shall strengthen the establishment of a credit system for the quality and safety of agricultural products, establish credit records for producers and traders of agricultural products, record information such as administrative punishments, and advance the application and management of credit information on the quality and safety of agricultural products
.
Article 55 Where there are potential safety hazards in the production and operation of agricultural products, and measures are not taken in a timely manner to eliminate them, the competent departments for agriculture and rural affairs of local people's governments at the county level or above may conduct a responsibility interview
with the legally-designated representative or principal responsible person of the producer or operator of agricultural products.
Producers and traders of agricultural products shall immediately take measures to carry out rectification and eliminate hidden dangers
.
Article 56 The State encourages consumer associations and other or individuals to conduct social supervision of the quality and safety of agricultural products, and to put forward opinions and suggestions on the supervision and management of the quality and safety of agricultural products
.
Any and individuals have the right to report, complain, complain and report
violations of this Law.
The competent departments for agriculture and rural affairs of people's governments at the county level or above shall establish a complaint and reporting system for the quality and safety of agricultural products, disclose channels for complaints and reports, and shall promptly handle complaints and reports after receiving them
.
Where it is not the responsibility of that department, it shall be transferred to the department with the authority to handle it and the complainant shall be notified in writing
.
Article 57: The competent departments for agriculture and rural affairs of local people's governments at the county level or above shall strengthen professional and technical training and organize assessments for law enforcement personnel for the quality and safety of agricultural products
.
Those who do not have the corresponding knowledge and ability must not engage in law enforcement work on the quality and safety of agricultural products
.
Article 58 People's governments at higher levels shall supervise and urge people's governments at lower levels to perform the quality of agricultural productsSecurity responsibilities
.
For local people's governments where the responsibility for the quality and safety of agricultural products is not effectively implemented and the problems are prominent, the people's government at a higher level may conduct a responsibility interview
with the principal responsible person.
The local people's government being interviewed shall immediately employ corrective measures
.
Article 59 The competent department of agriculture and rural affairs under the State Council shall, in conjunction with the relevant departments of the State Council, formulate an emergency plan for emergencies in the quality and safety of agricultural products of the State, and link
it with the national emergency response plan for food safety accidents.
Local people's governments at the county level or above shall, in accordance with the provisions of relevant laws and administrative regulations and the emergency response plan for agricultural product quality and safety emergencies of the people's government at a higher level, formulate an emergency response plan
for agricultural product quality and safety emergencies in that administrative region.
When an accident occurs in the quality and safety of agricultural products, relevant and individuals shall adopt control measures and promptly report to the local township people's government and the agricultural and rural departments of the county-level people's government; The organ receiving the report shall promptly handle and report it to the relevant departments of the people's government at the same level or the people's government at a higher level in accordance with the emergency response plan for emergencies in the quality and safety of agricultural products
.
When a major agricultural product quality and safety accident occurs, it shall be reported to the State Council and its relevant departments
in accordance with regulations.
No one or individual may conceal, falsely report, or delay reporting agricultural product quality and safety accidents, and must not conceal, fabricate, or destroy relevant evidence
.
Article 60 The market supervision and management departments of local people's governments at or above the county level shall, in accordance with the provisions of this Law, the Food Safety Law of the People's Republic of China and other laws and regulations, supervise and inspect
the production and operation activities of agricultural products after they enter the wholesale or retail market or production and processing enterprises.
Article 61: Where departments such as for agriculture and rural areas and market supervision and management of people's governments at the county level or above discover suspected crimes of illegal acts of quality and safety of agricultural products, they shall promptly transfer the case to the public security organs
.
The public security organs shall promptly review transferred cases; Where it is found that there are criminal facts that need to be pursued for criminal responsibility, a case shall be filed and investigated
.
Where public security organs do not need to pursue criminal responsibility in accordance with law but shall give administrative punishments, they shall promptly transfer the case to departments such as for agriculture and rural areas and market supervision and management, and the relevant departments shall handle
it in accordance with law.
Where public security organs consult with departments such as for agriculture and rural areas, market supervision and management, and ecological environment to provide inspection conclusions, determination opinions, and assistance in the harmless treatment of agricultural products involved in the case, the relevant departments shall promptly provide and assist
them 。 Chapter VII Legal Liability Article 62: In any of the following circumstances where local people's governments at all levels violate the provisions of this Law, give the directly responsible managers and other directly responsible personnel a warning, demerit, or major demerit punishment; Where serious consequences are caused, demotion or dismissal are given: (1) Failure to determine the responsibilities of relevant departments for the supervision and management of the quality and safety of agricultural products, failure to establish and improve the working mechanism for the quality and safety of agricultural products, or failure to implement the responsibility for supervision and management of the quality and safety of agricultural products; (2) Failing to formulate an emergency response plan for agricultural product quality and safety emergencies in that administrative region, or failing to initiate an emergency response plan in accordance with regulations after an agricultural product quality and safety
accident occurs 。 Article 63: Where, in violation of the provisions of this Law, the agriculture and rural departments of people's governments at the county level or above commit any of the following conduct, the directly responsible supervisors and other directly responsible personnel are to be given a major demerit punishment; Where the circumstances are more serious, give the punishment of demotion or removal; Where the circumstances are serious, dismissal is to be given; Where serious consequences are caused, the principal responsible person shall also resign with blame: (1) Concealing, falsely reporting, or delaying the reporting of agricultural product quality and safety accidents, or concealing, fabricating, or destroying relevant evidence; (2) Failing to follow provisions to investigate and handle agricultural product quality and safety accidents, or failing to promptly handle reports of agricultural product quality and safety accidents, causing the accident to expand or spread; (3) Failing to promptly take corresponding measures after discovering major risks and hidden dangers to the quality and safety of agricultural products, causing accidents or adverse social impacts on the quality and safety of agricultural products; (4) Failure to perform the duties of supervision and management of the quality and safety of agricultural products, resulting in the occurrence of quality and safety accidents in agricultural products
.
Article 64 Where, in the course of performing their duties for the supervision and management of the quality and safety of agricultural products, the departments for agriculture, rural areas, market supervision and management, and other such departments of local people's governments at the county level illegally implement law enforcement measures such as inspection and compulsion, causing losses to producers and traders of agricultural products, they shall compensate them in accordance with law, and the directly responsible supervisors and other directly responsible personnel shall be punished
in accordance with law 。 Article 65 Where agricultural product quality and safety testing institutions or testing personnel issue false testing reports, the competent departments for agriculture and rural affairs of the people's governments at the county level or above shall confiscate the testing fees collected, and where the testing fees are less than 10,000 yuan, a fine of between 50,000 and 100,000 yuan shall be imposed, and where the testing expenses are more than 10,000 yuan, a fine of not less than five times but not more than ten times the testing costs shall be imposed; The directly responsible supervisors and other directly responsible personnel shall be fined between 10,000 and 50,000 yuan; Where the lawful rights and interests of consumers are harmed, the agricultural product quality and safety testing institution shall bear joint and several liability
with the producers and traders of agricultural products.
Testers who have received criminal penalties for illegal acts of agricultural product quality and safety or who have major agricultural product quality and safety accidents due to the issuance of false test reports must not engage in agricultural product quality and safety testing work
for life.
Agricultural product quality and safety testing institutions shall not employ the above personnel
.
Where an agricultural product quality and safety testing institution commits any illegal conduct in the preceding two paragraphs, the competent department or institution that granted it the qualification shall revoke the qualification certificate
of the agricultural product quality and safety testing institution.
Article 66 Whoever, in violation of the provisions of this Law, plants, breeds, fishes, collects specific agricultural products or establishes a production base for specific agricultural products in areas where the production of specific agricultural products is prohibited, shall be ordered by the competent departments for agriculture and rural affairs of local people's governments at the county level or above to stop the illegal conduct, confiscate the agricultural products and illegal gains, and impose a fine
of not less than one time but not more than three times the illegal gains.
Whoever, in violation of laws or regulations, discharges or dumps wastewater, waste gas, solid waste or other toxic and harmful substances into the place of origin of agricultural products, shall be handled and punished in accordance with the provisions of relevant laws and regulations on environmental protection; Where damage is caused, liability for compensation
shall be borne in accordance with law.
Article 67 Where producers, operators or users of pesticides, fertilizers, agricultural films and other agricultural inputs fail to recycle and properly dispose of packaging or waste in accordance with regulations, the competent departments for agriculture and rural affairs of local people's governments at the county level or above shall handle and punish
them in accordance with the provisions of relevant laws and regulations 。 Article 68: Where, in violation of the provisions of this Law, an agricultural product production enterprise has any of the following circumstances, the competent department for agriculture and rural affairs of a local people's government at the county level or above shall order corrections within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 5,000 yuan but not more than 50,000 yuan: (1) Failure to establish a quality and safety management system for agricultural products; (2) Not equipped with corresponding agricultural product quality and safety management technicians, and not entrusting personnel with professional and technical knowledge to provide agricultural product quality and safety guidance
.
Article 69 Where agricultural product production enterprises, farmers' professional cooperatives, or agricultural socialization service organizations fail to follow the provisions of this Law to establish or preserve records of agricultural product production, or to falsify or alter records of agricultural product production, the competent departments for agriculture and rural affairs of local people's governments at the county level or above shall order corrections within a time limit; Those who fail to make corrections within the time limit shall be fined
not less than 2,000 yuan but not more than 20,000 yuan.
Article 70 Where, in violation of the provisions of this Law, an agricultural product producer or trader commits any of the following acts, which does not constitute a crime, the competent department for agriculture and rural affairs of the local people's government at the county level or above shall order it to stop production and operation, recover the agricultural products that have already been sold, harmlessly dispose of the agricultural products that have been illegally produced or traded, or supervise the destruction of them, confiscate the illegal gains, and may confiscate the tools, equipment, raw materials, and other articles used in illegal production and operation; Where the value of agricultural products illegally produced or traded is less than 10,000 yuan, a fine of between 100,000 and 150,000 yuan shall be imposed, and where the value of the goods is more than 10,000 yuan, a fine of not less than 15 times but not more than 30 times the value of the goods shall be imposed; For farmers, a fine of between 1,000 and 10,000 yuan shall be imposed; Where the circumstances are serious, the license is revoked, and the public security organs may detain the directly responsible supervisors and other directly responsible personnel for not less than 5 days but not more than 15 days: (1) Using agricultural inputs or other toxic and harmful substances prohibited by the State in the production and operation of agricultural products; (2) selling agricultural products containing pesticides, veterinary drugs or other compounds prohibited by the State; (3) Selling animals and their products
that have died of illness, poisoning, or whose cause of death is unknown.
Where it is clearly known that an agricultural product producer or trader is engaged in the illegal conduct provided for in the preceding paragraph, but still provides him with a production and business site or other conditions, the competent department for agriculture and rural affairs of the local people's government at the county level or above shall order him to stop the illegal conduct, confiscate the illegal gains, and impose a fine of between 100,000 and 200,000 yuan; Where the lawful rights and interests of consumers are harmed, they shall bear joint and several liability
with the producers and traders of agricultural products.
Article 71 Where, in violation of the provisions of this Law, an agricultural product producer or trader commits any of the following acts, which does not constitute a crime, the competent department for agriculture and rural affairs of the local people's government at the county level or above shall order it to stop production and operation, recover the agricultural products that have already been sold, dispose harmlessly of the agricultural products illegally produced or traded or supervise their destruction, confiscate the illegal gains, and may confiscate the tools, equipment, raw materials, and other articles used in illegal production and operation; Where the value of agricultural products illegally produced or traded is less than 10,000 yuan, a fine of between 50,000 and 100,000 yuan shall be imposed, and where the value of the goods is more than 10,000 yuan, a fine of not less than 10 times but not more than 20 times the value of the goods shall be imposed; Farmers shall also be fined not less than 500 yuan but not more than 5,000 yuan: (1) Agricultural products that sell pesticides, veterinary drugs and other chemical residues or contain toxic and harmful substances such as heavy metals that do not meet the quality and safety standards of agricultural products; (2) Selling agricultural products containing pathogenic parasites, microorganisms or biological toxins that do not meet the quality and safety standards of agricultural products; (3) Selling other agricultural products that do not meet the quality and safety standards of agricultural products
.
Article 72 Where, in violation of the provisions of this Law, an agricultural product producer or trader commits any of the following acts, the competent department for agriculture and rural affairs of the local people's government at the county level or above shall order it to stop production and operation, recover the agricultural products that have been sold, harmlessly dispose of the agricultural products that have been illegally produced or traded, or supervise the destruction of them, confiscate the illegal gains, and may confiscate the tools, equipment, raw materials, and other articles used in illegal production and operation; Where the value of agricultural products produced or traded in violation of the law is less than 10,000 yuan, a fine of between 5,000 and 50,000 yuan shall be imposed, and where the value of the goods is more than 10,000 yuan, a fine of not less than five times but not more than ten times the value of the goods shall be imposed; Farmers shall also be fined not less than 300 yuan but not more than 3,000 yuan: (1) The facilities, equipment, disinfectants, detergents, etc.
used in the production sites and production activities of agricultural products do not comply with the relevant national quality and safety regulations; (2) Failing to use preservatives, preservatives, additives, packaging materials, etc.
in accordance with relevant national mandatory standards or other agricultural product quality and safety regulations, or using preservatives, preservatives, additives, packaging materials, etc.
that do not comply with relevant national mandatory standards or other quality and safety regulations; (3) Storing and transporting
agricultural products together with toxic and harmful substances.
Article 73:Where the provisions of this Law are violated and any of the following conduct is committed, the competent departments for agriculture and rural affairs of local people's governments at the county level or above are to give criticism and education in accordance with their duties, and order corrections within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 100 yuan but not more than 1,000 yuan: (1) Agricultural product production enterprises, farmers' professional cooperatives, those engaged in the purchase of agricultural products, or individuals who fail to issue a certificate of conformity for meeting the commitment standards in accordance with regulations; (2) Those engaged in the purchase of agricultural products or individuals fail to follow provisions to collect or preserve certificates of conformity or other certificates
of conformity that have complied with their commitments.
Article 74 Where producers and traders of agricultural products fraudulently use agricultural product quality marks, or sell agricultural products that fraudulently use agricultural product quality marks, the competent departments for agriculture and rural affairs of local people's governments at the county level or above shall, in accordance with their duties, order corrections and confiscate the illegal gains; Where the value of agricultural products illegally produced or traded is less than 5,000 yuan, a fine of between 5,000 and 50,000 yuan shall be imposed, and where the value of the goods is more than 5,000 yuan, a fine of not less than 10 times but not more than 20 times the value of the goods shall be imposed
.
Article 75: Where the provisions of this Law on the traceability of the quality and safety of agricultural products are violated, the competent departments for agriculture and rural affairs of local people's governments at the county level or above are to order corrections within a time limit in accordance with their duties; Those who do not make corrections within the time limit may be fined
not more than 10,000 yuan.
Article 76 Whoever, in violation of the provisions of this Law, refuses or obstructs the supervision and inspection of the quality and safety of agricultural products, the investigation and handling of accidents, sampling testing and risk assessment carried out in accordance with law, shall be ordered by the relevant competent departments to stop production and business in accordance with their duties, and shall be fined not less than 2,000 yuan but not more than 50,000 yuan; Where violations of the administration of public security are constituted, the public security organs are to give administrative punishments
for public security in accordance with law.
Article 77 Where the Food Safety Law of the People's Republic of China has provisions on illegal acts and legal liabilities for edible agricultural products after entering the wholesale or retail market or production and processing enterprises, the market supervision and management departments of local people's governments at or above the county level shall punish
them in accordance with those provisions.
Article 78:Where violations of the provisions of this Law constitute a crime, criminal responsibility
is to be pursued in accordance with law.
Article 79:Where the provisions of this Law are violated and consumers are caused personal, property or other damages, civil compensation liability
is borne in accordance with law.
When the property of the producer or operator is insufficient to bear the civil compensation liability at the same time and pay fines and fines, the producer and operator shall first bear the civil compensation liability
.
Where producers and traders of edible agricultural products violate the provisions of this Law, pollute the environment, infringe upon the lawful rights and interests of many consumers, or harm the societal public interest, the people's procuratorate may file a lawsuit
with the people's court in accordance with the provisions of the Civil Procedure Law of the People's Republic of China, the Administrative Procedure Law of the People's Republic of China, and other laws.
Chapter VIII Supplementary Provisions Article 80 The quality and safety management of grain procurement, storage and transportation shall be carried out
in accordance with the laws and administrative regulations on grain management.
Article 81: This Law takes effect on
January 1, 2023.
Decree no.
120 of the President of the People's Republic of China Catalogue of the Law of the People's Republic of China on the Quality and Safety of Agricultural Products Chapter I General Provisions Chapter II Risk Management and Standard Formulation of Quality and Safety of Agricultural Products Chapter III Origin of Agricultural Products Chapter IV Production of Agricultural Products Chapter V Sales of Agricultural Products Chapter VI Supervision and Management Chapter VIII Legal Responsibility Chapter VIII Supplementary Provisions Chapter I General Provisions Chapter II Formulation of Risk Management and Standards for the Quality and Safety of Agricultural Products Chapter III Places of Origin of Agricultural Products Chapter IV Agricultural Products Production of Pharmaceuticals Chapter V Sales of Agricultural Products Chapter VI Supervision and Management Chapter VII Legal Liability Disinfection Product Quality Chapter VIII Supplementary Provisions