Peoples Republic Of China chairmans order  

　　 49 No.s

　　 Peoples Republic Of China farm products quality security act Already by Peoples Republic Of China .00 sessions National Peoples Congress standing committee 20 once meeting in 2006 year 4 month 29 day by, Appears give announcement, Since one day rise implement 11 month in 2006.

　　                        Peoples Republic Of China chairman Hu jintao

　　                       2006 year 4 month 29 days

　　 Peoples Republic Of China farm products quality security act

　　 ( 29 day .00 session National Peoples Congress standing committees 20 once meeting by in 2006 4 month)

　　 Eye   Record

　　 Will be first chapter 　 general principle

Will be 　　 the second chapters 　 farm products quality safety standard

Will be 　　 the third chapters 　 farm products habitat

Will be 　　 the fourth chapters 　 farm products manufacture

Will be 　　 the fifth chapters 　 farm products wrapping and mark

Will be 　　 the sixth chapters 　 intendance check

Will be 　　 the seventh chapters 　 legal liability

Will be 　　 the eighth chapters 　 supplementary articles (appended to a treaty, decr

　　 Will be first chapter 　 general   Then

　　 Will be first 　 for safeguard farm products quality safety, Maintains the public health, Promote agriculture and rural economy development, Enacts this law.

　　 The second 　 this law will state farm products, Is point originated from agricultural primary commodity, Thats be act in obtain s plant at agriculture, Animal, Microorganism and its product.

　　 This law state farm products quality safety, Is point farm products quality accord with safeguard people s health, Safe request.

Will be 　　 the third 　 county level above peoples government agriculture administration director department take charge of farm products quality safe intendance administration job; County level above peoples government department concerned according to duty division of work, Takes charge of farm products quality safe relevance job.

　　 The fourth 　 county level above peoples government should will farm products quality safety administration job bring into this level national economy and society development plan, And arranges farm products quality safety outlay, Is used for develop farm products quality trouble free service.

Will be 　　 the fifth 　 county level above place peoples government unification leader, Coordinates s farm products quality trouble free service in this district, And takes measure, Establishes sanity farm products quality safety service system, Enhances farm products quality safety level.

Will be 　　 the sixth 　 Department of State agriculture administration director department should establish by the authority concerned expert compose s farm products quality safety risk evaluate expert committee, To maybe affect farm products quality safe potential hazard proceed risk analysis and evaluation.

　　 Department of State agriculture administration director department should according to farm products quality safety risk evaluate result take corresponding administration measure, And will be farm products quality safety risk evaluate result timely notification Department of State department concerned.

Will be 　　 the seventh 　 Department of State agriculture administration director department and province, Municipality, Municipality peoples government agriculture administration director department should according to duty limits of authority, Issues about farm products quality safe situation information.

Will be 　　 the eighth 　 country guide, Popularizes farm products standardization manufacture, Encourage and support manufacture high quality farm products, Forbids manufacture, Sales do not accord with country stipulations farm products quality safety normative farm products.

　　 9 　 country will support farm products quality safety technology research, Carries out scientific quality safety administer means, Popularize advanced safe manufacture technology.

Will be 　　 .00 　 all or different levels peoples government and department concerned should strengthen farm products quality safety knowledge propaganda, Enhances the publics farm products quality safety consciousness, Guides farm products producer, Seller strengthens quality safety administration, Safeguards farm products expense safety.

Will be 　　 the second chapters 　 farm products quality safety standard

　　 1 　 country will establish sanity farm products quality safety standard system. Farm products quality safety standard is compulsion technology norm.

　　 Farm products quality safety normative enact and issue, Accordings to about law, Administrative laws and regulations stipulation execution.

　　 Will be 11 twelves 　 enact farm products quality safety standard should full consider farm products quality safety risk evaluate result, And listens to farm products producer, Seller and consumer s opinion, Safeguard expense safety.

Will be 　　 3 　 farm products quality safety standard should according to technology develop level and farm products quality safe need, In time revisement.

Will be 　　 4 　 farm products quality safety standard by agriculture administration director department business department concerned organization practice.

Will be 　　 the third chapters 　 farm products habitat

Will be 　　 5 　 county level above place peoples government agriculture administration director department according to safeguard farm products quality safe request, According to farm products breed characteristic and manufacture area atmosphere, Soil, Is venomous harmful substance status wait for factor in water system, Thinks do not suitability specific farm products natal, Brings up forbid natal area, Reports this level peoples government authorize behind announce. Concrete method by Department of State agriculture administration director department business Department of State environment protection administration director department enact.

　　 Farm products forbid manufacture area s adjustment, According to preceding clause stipulations procedure transact.

　　 6 　 county level above peoples government will should take measure, Strengthens farm products base construct, Improves farm products production condition.

　　 County level above peoples government agriculture administration director department should take measure, Impels safeguard farm products quality safe standardization manufacture synthesize , Demonstration farm, Raise area and have not stipulation propagation epidemic disease areas construct.

　　 7 will forbid at be venomous harmful substance exceed stipulate normative area manufacture, Fish for (aquatic animals andrefute plants), Collect eatable farm products and establish farm products manufacture base.

　　 8 will forbid contrary to law, Laws stipulation to farm products habitat let or rave about water waste, Effluent gas, Solid draff or other be venomous harmful substance.

　　 Agriculture manufacture use water and serve  as fertilizer s solid draff, Should accord with country stipulations standard.

　　 9 　 farm products producer will should reasonable use chemical fertilizer, Pesticide, Animal remedy, Agriculture uses pellicle wait for chemical industry product, Prevents to farm products habitat result in pollution.

Will be 　　 the fourth chapters 　 farm products manufacture

Will be 　　 20 　 Department of State agriculture administration director department and province, Municipality, Municipality peoples government agriculture administration director department should enact safeguard farm products quality safe manufacture technology request and instructions to attendants. County level above peoples government agriculture administration director department should strengthen to farm products natal guidance.

　　 21 　 will maybe affect farm products quality safe pesticide, Animal remedy, Feed and feed additive agent, Fertilizer, Vet apparatus, Accordings to about law, Administrative laws and regulations stipulation carry out admit system.

　　 Department of State agriculture administration director department and province, Municipality, Municipality peoples government agriculture administration director department should regular to maybe imperil farm products quality safe pesticide, Animal remedy, Feed and feed additive agent, Fertilizer wait for agriculture investment proceed intendance spot check, And announces make selective check result.

　　 Will be the second twelves 　 county level above peoples government agriculture administration director department should strengthen to agriculture investment use s administer and guidance, Establishes sanity agriculture investment s safety use system.

　　 23 　 agriculture scientific research will educate agency and agricultural technique popularize agency should strengthen to farm products producer quality safety knowledge and skill s training.

　　 24 　 farm products will manufacture enterprise and farmer profession cooperate economic organization should establish farm products production record, Strictly according to the factses record following item:

　　 ( A) Uses agriculture investments name, Source, Usage, Dosage and usage, Stops use s date;

　　 ( Two) Animal epidemic disease, Plant disease Chinese caterpillar fungus trouble s take place and prevent and cure situation;

　　 ( Three) Harvest, Butchers or fish for (aquatic animals andrefute plants) s date.

　　 Farm products production record should save two year. Forbids forge farm products production record.

　　 Country encourage other farm products producer establish farm products production record.

　　 25 　 farm products producer will should according to law, Administrative laws and regulation and Department of State agriculture administration direct departmental stipulation, Reasonable uses agriculture investment, Stricts execute agriculture investment use safety alternation or stop medicine s stipulation, Prevents imperil farm products quality safety.

　　 Forbids use country public prohibition use s agriculture investment in farm products production line.

　　 26 　 farm products will manufacture enterprise and farmer profession cooperate economic organization, Should by oneself or entrust checkout agency to farm products quality safe situation proceed detection; By checkouts do not accord with farm products quality safety normative farm products, Can not sale.

　　 27 　 farmer profession will cooperate economic organization and farm products trade association to it member should timely supply manufacture technical service, Establishes farm products quality safety management system, Sanities farm products quality safety control system, Strengthens self-discipline administration.

Will be 　　 the fifth chapters 　 farm products wrapping and mark

　　 28 　 farm products will manufacture enterprise, Farmer profession cooperates economic organization and engage in farm products purchase s unit or individual sale s farm products, According to the rules should wrapping or affix discriminating, Must by wrapping or affix can market rear mark. Should according to the rules markly clearly product s name of article on packing material or mark, Habitat, Producer, Manufactures date, Quality guarantee period, Product quality grade wait for content; Uses additive agent s, Alsoes should according to the rules markly clearly additive agents name. Concrete method by Department of State agriculture administration director department enact.

　　 29 　 farm products at will be wrapping, Maintains freshness, Storage, Transports in use s , Antiseptic, Additive agent wait for material, Should accord with country about compulsion technology norm.

　　 30 will belong to agriculture transgenosis biotic farm products, Should according to agriculture transgenosis biology safety regulatory about stipulation proceed mark.

Will be 　　 31 　 law need practice quarantines propagation and its product, Should add have quarantine eligibility symbol, Quarantine eligibility provement.

　　 Will be the third twelves 　 sale s farm products must accord with farm products quality safety standard, Producer can apply use without  environmental damage farm products symbol. Farm products quality accords with country stipulation s relevance high quality farm products normative, Producer can apply use corresponding farm products quality symbol.

　　 Forbids brave  to use preceding clause stipulations farm products quality symbol.

Will be 　　 the sixth chapters 　 intendance check

　　 33 will have following situation one of thes farm products, Can not sale:

　　 ( A) Includes country forbid use s pesticide, Animal remedy or other chemistry material;

　　 ( Two) Pesticide, Animal remedy wait for chemistry material remain or contain some heavy metal be venomous harmful substance not accord with farm products quality safety normative;

　　 ( Three) Contains some cause ill sex helminth, Microorganism or biology toxin not accord with farm products quality safety normative;

　　 ( Four) Uses s , Antiseptic, Additive agent wait for material not accord with country about compulsion technology norm;

　　 ( Five) Other does not accord with farm products quality safety normative.

　　 34 　 country will establish farm products quality safety monitor system. County level above peoples government agriculture administration director department should according to safeguard farm products quality safe request, Enacts and organization practise farm products quality safety monitoring programme, To manufactures in or sale s farm products proceed intendance spot check on market. Supervises make selective check result by Department of State agriculture administration director department or province, Municipality, Municipality peoples government agriculture administration director department according to limits of authority give announce.

　　 Intendance spot check detection should entrust accord with this law 35 stipulation conditional farm products quality safety checkout agency proceed, Can not to be made selective check people take expense, Draws out s sample can not exceed Department of State agriculture administration director department stipulation s quantity. Senior agriculture administration director department supervise make selective check s farm products, Inferior agriculture administration director department can not separately repetition spot check.

　　 35 　 farm products quality safety will checkout should full take advantage of existing accord with conditional checkout agency.

　　 Engages in farm products quality safety checkout s agency, Must possess corresponding checkout condition and ability, By provincial level above peoples government agriculture administration director department or it authorized department examination eligibility. Concrete method by Department of State agriculture administration director department enact.

　　 Farm products quality safety checkout agency should accord to law by computation certification eligibility.

Will be 　　 36 　 farm products producer, Seller to supervises make selective check checkout result have dissidence s, Can since receive checkout result of day rise five days in, To organization practises farm products quality safety intendance spot check s agriculture administration director department or it senior agriculture administration director department application again check.

　　 Adopts Department of State agriculture administration director department in conjunction with department concerned suppose s quick checkout means proceed farm products quality safety intendance spot check detection, Was made selective check people to checkout result have dissidence s, Can since receive checkout result time rise four hour in application again check. Again checks can not adopt quick checkout means.

　　 Because checkouts result mistake to party result in damage s, Accords to law bear compensation liability.

　　 37 　 farm products wholesale market will should establish or entrust farm products quality safety checkout agency, To enters sale s farm products quality safe situation proceed spot check detection; Discovers do not accord with farm products quality safety normative, Should request seller immediately stop sale, And to agriculture administration director department report.

　　 Farm products sale enterprise to it sale s farm products, Should establish sanity stock check check before acceptance system; By checks do not accord with farm products quality safety normative, Can not sale.

　　 38 　 country will encourage unit and individual to farm products quality safety proceed society intendance. Any unit and individual all have right to contrary to this law s behaviour proceed impeachment, Disclose and accuse. Department concerned receives relative impeachment, Disclose and accuse behind, Should in time disposal.

Will be 　　 39 　 county level above peoples government agriculture administration director department at farm products quality safety intendance check in, Can to manufacture, Sales s farm products proceed on-site inspection, Investigates know farm products quality safe about situation, Inspection, Copy with farm products quality safety relevant record and other data; To by checkouts do not accord with farm products quality safety normative farm products, There is right close down, Distrainment.

　　 40 will take place farm products quality safety accident time, Relevance unit and individual should take control measure, Timely to locality township level peoples government and county level peoples government agriculture administration director department report; Receive reports office should timely dispose and newspaper on a no. 1 peoples government and department concerned. Takes place significant farm products quality safety accident time, Agriculture administration director department should timely notification peer food medicine supervise management department.

Will be 　　 41 　 county level above peoples government agriculture administration director department at farm products quality safety intendance administration in, Discovers have this law 33 list situation one of thes farm products, Should according to farm products quality safety duty inquire institutional request, Finds out responsibility people, Accords to law give dispose or bring up disposal suggestion.

　　 Will be the fourth twelves 　 importation s farm products must according to country stipulation s farm products quality safety standard proceed inspection; Not enactment relevance farm products quality safety normative, Should law in time enactment, Do not enact before, Can refer to country department concerned appoint s overseas about standard proceed inspection.

Will be 　　 the seventh chapters 　 legal liability

　　 43 　 farm products quality safety supervise administer personnel will not accord to law fulfill superintendency, Or misfeasance s, Accords to law grant disciplinary sanction.

　　 44 　 farm products quality safety will checkout agency forge checkout result, Order correct, Sequestrates break the law earning, Exist at the same times 50,000 yuan above 100,000 yuan below amercement, To direct responsible for director personnel and other direct principal deal with 10,000 yuan above 50,000 yuan below amercement; Plot serious, Cancels it checkout qualification; Result in damage s, Accords to law bear compensation liability.

　　 Farm products quality safety checkout agency writes up checkout result not really, Result in damage s, Accords to law bear compensation liability; Result in significant damage s, And cancels it checkout qualification.

　　 45 will contrary to law, Law stipulation, To farm products habitat lets or rave about water waste, Effluent gas, Solid draff or other be venomous harmful material, Accordings to about environment protection law, Laws stipulation punishment; Result in damage s, Accords to law bear compensation liability.

Will be 　　 46 　 usage agriculture investment contrary to law, Administrative laws and regulation and Department of State agriculture administration direct departmental stipulation s, Accordings to about law, Administrative laws and regulations stipulation punishment.

　　 47 　 farm products will manufacture enterprise, Farmer profession cooperates economic organization do not establish or not according to the rules save farm products production record s, Or forges farm products production record s, Orders terminatively correction; Expire doing not change plus, Can deal with 2,000 yuan below amercement.

　　 48 will contrary to this law 28 stipulation, Sales s farm products not according to the rules proceed wrapping, Discriminating, Orders terminatively correction; Expire doing not change plus, Can deal with 2,000 yuan below amercement.

　　 49 will have this law 33 the fourth a stipulation situation, Uses s , Antiseptic, Additive agent wait for material not accord with country about compulsion technology norm, Orders stop sale, To cover polluted farm products proceed harmless disposal, To can not proceed harmless dispose s give intendance destroy; Sequestrates break the law earning, Exist at the same times 2,000 yuan above 20,000 yuan below amercement.

　　 50 　 farm products will manufacture enterprise, Farmer profession cooperates economic organization sale s farm products have this law 33 first to the third or the fifth list situation one of the s, Orders stop sale, Recovers has already saled s farm products, To breaks the law sale s farm products proceed harmless dispose or give intendance destroy; Sequestrates break the law earning, Exist at the same times 2,000 yuan above 20,000 yuan below amercement.

　　 Farm products sale enterprise sale s farm products have preceding clause list situation s, According to preceding clause stipulation disposal, Punishment.

Sale s farm products have first money list situation s in 　　 farm products wholesale market, To breaks the law sale s farm products according to first pair of stipulation disposal, To farm products seller according to first a pair of stipulation punishment.

　　 Farm products wholesale market contrary to this law 37 first pair of stipulation s, Order correct, Deals with 2,000 yuan above 20,000 yuan below amercement.

　　 51 will contrary to this law the third twelve stipulation, Braves to use farm products quality symbol s, Order correct, Sequestrates break the law earning, Exist at the same times 2,000 yuan above 20,000 yuan below amercement.

　　 Will be the fifth twelves 　 this law 44, 47 to 49, 50 firsts money, The fourth pairs of and 51 stipulations disposal, Punishment, By county level above peoples government agriculture administration director department decide; 50 the second pair of, The third pairs of stipulations s disposal, Punishment, By industry and commerce administrative department decide.

　　 Law to administration punish and punish office have other stipulation s, From it stipulates. But, To same illegal action can not repetition punishment.

　　 53 will contrary to this law stipulate, Compose criminal, Accords to law inquire criminal responsibility.

Will be 　　 54 　 manufacture, Sales this law 33 list farm products, To consumer results in damage s, Accords to law bear compensation liability.

Sale s farm products have preceding clause stipulation situation s in 　　 farm products wholesale market, Consumer can to farm products wholesale market request compensation; Belongs to producer, Seller duty, Farm products wholesale market has right chase repayment. Consumer also can direct to farm products producer, Seller requests compensation.

　　 The eighth chapters will add   Then

　　 55 　 live pig will butcher s administer according to country relevance stipulation execution.

　　 56 　 this law will be since one day rise implement 11 month in 2006.