Laws of the People's Republic of China

the Standing Committee of the National People's Congress

Order of the President of the People's Republic of China

No. 49

The "Law of the People's Republic of China on Agricultural Product Quality Safety", adopted at the 21st session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on April 29, 2006, is hereby promulgated, and shall go into effect as of November 1, 2006.

Hu Jintao, President of the People's Republic of China

April 29, 2006

Law of the People's Republic of China on Agricultural Product Quality Safety ContentsChapter I General Provisions

Chapter II Agricultural Product Quality Safety Criteria

Chapter III Places of Origin of Agricultural Products

Chapter IV Production of Agricultural Products

Chapter V Packages and Marks of Agricultural Products

Chapter VI Supervision and Inspection

Chapter VII Legal Liabilities

Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1

In order to guarantee the quality safety of agricultural products, maintain the health of the general public, and promote the development of agriculture and rural economy, the present Law is formulated.

Article 2

The term "agricultural products" as mentioned in the present Law refers to primary products sourced from agriculture, that is to say, the plants, animals, microorganisms and their products, which are obtained from agricultural activities.

The term "agricultural product quality safety" as mentioned in the present Law means that the quality of an agricultural product meets the requirements for ensuring human health and safety.

Article 3

The administrative department of agriculture of the people's government at the county level or above shall be responsible for the supervision and inspection of agricultural product quality safety; while the relevant departments of the people's government at the county level or above shall, in accordance with the clear assignment of responsibility, be responsible for the relevant work on agricultural product quality safety respectively.

Article 4

The agricultural product quality safety administration shall be included into the national economic and social development planning at the present level by the people's government at the county level or above, and offered funds of agricultural product quality safety for carrying out the work of agricultural product quality safety.

Article 5

The local people's government at the county level or above shall exercise the unified leadership over and coordinate the work of agricultural product quality safety under its own jurisdiction, take measures to set up and perfect an agricultural product quality safety service system, and improve the level of agricultural product quality safety.

Article 6

The administrative department of agriculture of the State Council shall set up an agricultural product quality safety risk evaluation experts' committee consisting of experts in relevant areas, in order to analyze the risk and evaluate the potential harms which might affect the agricultural product quality safety.

The administrative department of agriculture of the State Council shall take relevant administrative measures in accordance with the results of agricultural product quality safety risk evaluation, and inform the relevant departments of the State Council of the results of agricultural product quality safety risk evaluation in a timely manner.

Article 7

The administrative department of agriculture of the State Council and the administrative department of agriculture of the people's government of each province, autonomous region, or municipality directly under the Central Government shall publish relative information on the situation of agricultural product quality safety under their own jurisdiction.

Article 8

The state guides and popularizes standardized production of agricultural products, encourages and supports the production of high-quality agricultural products, and prohibits the production and sale of agricultural products which do not meet the agricultural product quality safety criteria prescribed by the state.

Article 9

The state supports the scientific and technological research on agricultural product quality safety, implements scientific quality safety administration methods, and popularize advanced and safe production technologies.

Article 10

The people's government at any level and the relevant departments shall strengthen the propaganda of the knowledge on agricultural product quality safety, improve the consciousness on agricultural product quality safety of the general public, guide producers or sellers of agricultural products to intensify quality safety management, and guarantee the safety of agricultural product consumption.

Chapter II Agricultural Product Quality Safety Criteria

Article 11

The state establishes and improves the system of agricultural product quality safety criteria. The agricultural product quality safety criteria shall be compulsory technical regulations.

The agricultural product quality safety criteria shall be formulated and promulgated in the light of relative laws and administrative regulations.

Article 12

When formulating the agricultural product quality safety criteria, the relevant departments shall take into full consideration the results of agricultural product quality safety risk evaluation, and give audience to the opinions of producers, sellers and consumers of agricultural products, in order to guarantee the consumption safety.

Article 13

The agricultural product quality safety criteria shall be revised in a timely manner based on the scientific and technological development level and the requirements of agricultural product quality safety.

Article 14

The agricultural product quality safety criteria shall be organized to implement by the administrative department of agriculture together with other relevant departments.

Chapter III Places of Origin of Agricultural Products

Article 15

The administrative department of agriculture of a local people's government at the county level or above shall, as per the requirements of agricultural product quality safety, as well as in accordance with the factors such as variety characters of the agricultural products, and the poisonous and harmful substances in the atmosphere, soil and water body of the production area, propose areas banned from production which it considers unsuitable for production of certain agricultural products, and promulgate such areas upon approval of the people's government at the same level. The specific measures shall be formulated by the administrative department of agriculture of the State Council together with the administrative department of environmental protection of the State Council.

The adjustment of areas banned from production of agricultural products shall be made in the light of the procedures prescribed in the preceding paragraph.

Article 16

The people's government at the county level or above shall take measures to enhance the construction of the base of agricultural product, and make improvement in the conditions for production of agricultural products.

The relevant measures shall be taken by the administrative departments of agriculture of the people's government at the county level or above to propel the construction of comprehensive demonstration areas for standardized production, demonstration farms, breeding areas, and areas without prescribed epidemic animal or plant diseases, so as to guarantee the agricultural products quality safety.

Article 17

It is prohibited to produce, fish or collect edible agricultural products or to establish production bases of agricultural products in the areas where the poisonous and harmful substances are in excess of the prescribed standards.

Article 18

It is prohibited to discharge or dump waste water, waste gas, solid wastes or other poisonous and harmful substances to a place of origin of agricultural products in the violation of any law or regulation.

The water used for agricultural production and the solid wastes used as fertilizers shall meet the criteria of the state provisions.

Article 19

Such chemical products as chemical fertilizers, pesticides, veterinary drugs and agricultural films, shall be used in a reasonable way by producers of agricultural products, to prevent such chemical products from polluting the producing areas of agricultural products.

Chapter IV Production of Agricultural Products

Article 20

The requirements on production technologies and operational rules shall be constituted by the administrative department of agriculture of the State Council and the administrative department of agriculture of the people's government of each province, autonomous region, or municipality directly under the Central Government so as to guarantee the agricultural product quality safety. The administrative department of agriculture of each people's government at the county level or above shall strengthen its guidance to the production of agricultural products.

Article 21

For the pesticides, veterinary drugs, feeds and feed additives, fertilizers, and veterinary devices, which might affect the agricultural product quality safety, a licensing system shall be carried out in the light of relative laws and administrative regulations.

The administrative department of agriculture of the State Council and the administrative department of agriculture of the people's government of each province, autonomous region, or municipality directly under the Central Government shall, at a regular time schedule , make a random inspection on such agricultural input products as pesticides, veterinary drugs, feeds and feed additives, and fertilizers, which might endanger the agricultural product quality safety, and shall make public the results.

Article 22

The administrative department of agriculture of the people's government at the county level or above shall enhance to make administration and guidance on the use of agricultural input products, as well as set up and improve a system for safe use of agricultural input products.

Article 23

Agricultural research and education institutions, and agricultural technology extension institutions shall strengthen the trainings on quality safety knowledge and skills for producers of agricultural products.

Article 24

An enterprise engaging in agricultural production or a professional peasant cooperative economic organization shall set up records on production of agricultural products, and the particulars as follows shall be included:

(1)

The name, source, usage, dosage of the agricultural input product in use, the date of using it, and the date disusing it;

(2)

The information on occurrence, prevention and control of animal epidemic diseases, plant diseases, pests and disasters; and

(3)

The date of harvest, slaughter or fishing.

The records on agricultural production shall be preserved for two years. Any fabrication of records on agricultural production is prohibited The state encourages other producers engaging in agricultural production to set up records on agricultural production.

Article 25

A producer engaging in agricultural production shall, in the light of the laws, administrative regulations, and provisions of the administrative department of agriculture of the State Council, make use of the agricultural input products in a reasonable way, strictly carry out the provisions on safe intervals or withdrawal period for using agricultural input products, so as to stop the agricultural input products endangering the agricultural product quality safety.

Any agricultural input product prohibited by explicit order of the state shall be forbidden using in the process of producing agricultural products.

Article 26

An enterprise engaging in agricultural production or a professional peasant cooperative economic organization shall check the agricultural product quality safety either by itself or by entrusting a test institution. It is prohibited to sell any agricultural product found from the test to fail to comply with the agricultural product quality safety criteria .

Article 27

A professional peasant cooperative economic organization or an agricultural products industry association shall offer its members production technology services in a timely manner, set up agricultural product quality safety management system, perfect the agricultural product quality safety control system, and strengthen self-disciplinary management.

Chapter V Packages and Marks of Agricultural Products

Article 28

Where the agricultural products sold by an enterprise engaging in production of agricultural products, by a professional peasant cooperative economic organization, by an entity engaging in purchase of agricultural products or by an individual are required in accordance with relevant provisions to be packed or be attached with marks, they may not be sold until they have been packed or attached with marks. Such contents as the product name, place of origin, producer, date of production, quality guaranty period, product quality grade, shall be indicated on the packages or identification, in accordance with the provisions; if any additive is used, the name of the additive shall also be indicated in accordance with the provisions. The specific measures shall be instituted by the administrative department of agriculture of the State Council.

Article 29

The materials used in package, preservation, storage and transport of agricultural products, such as preservatives, antiseptics and additives, etc. shall comply with the relevant compulsory technical norms of the state.

Article 30

The agricultural products belonging to agricultural genetically modified organisms shall be marked in the light of the relative provisions on the administration of the safety of agricultural genetically modified organisms.

Article 31

The animals and plants required to be quarantined in accordance with the law, as well as their products, shall be attached with quarantine marks of conformity and quarantine certificates of conformity.

Article 32

The on-sale agricultural products must comply for the agricultural product quality safety criteria, and the producer may submit an application for using nuisance-free marks on agricultural products. If the quality of the agricultural products complies with the criteria prescribed by the state for relevant high-quality agricultural products, the producer may submit an application for using commensurate quality marks on agricultural products.

It is prohibited to imitate the quality marks on agricultural products as prescribed in the preceding paragraph.

Chapter VI Supervision and Inspection

Article 33

An agricultural product under any of the circumstances as follows shall not be sold:

(1)

It contains any pesticide, veterinary drug or other chemical substance prohibited by the state from being used;

(2)

The poisonous and harmful substance such as the remnant of the pesticide, veterinary drug or other chemical substance, or the contained heavy metal, etc. does not comply with the agricultural product quality safety criteria;

(3)

The contained pathogenic parasites, microorganisms or biological toxin does not comply with the agricultural product quality safety criteria;

(4)

The material in use such as the preservative, antiseptic or additive, etc. does not comply with the relative compulsory technical regulations of the state; or

(5)

Other circumstances under which it does not comply with the agricultural product quality safety criteria.

Article 34

The state sets up an agricultural product quality safety monitoring system. The administrative department of agriculture of the people's government at the county level or above shall, in accordance with the requirements for guaranteeing the agricultural product quality safety, make the plan of monitoring the agricultural product quality safety and organize the implementation thereof, and supervise to make a random inspection on the agricultural products under production or on sale in the market. The administrative department of agriculture of the State Council or the administrative department of agriculture of the people's government of each province, autonomous region, or municipality directly under the Central Government shall make public the results under its jurisdiction.

For a supervisory test on a random inspection, the department concerned shall entrust an agricultural product quality safety test institution that meets the conditions in Article 35 of the present Law, but shall not charge any fee from the party to be tested, and the number of the samples shall not exceed the quantity prescribed by the administrative department of agriculture of the State Council. For the agricultural products which are subject to supervision of the administrative department of agriculture at the higher level by sampling, the administrative department of agriculture at the lower level shall not make the sampling repetitively.

Article 35

For the sake of an agricultural product quality safety test, the existing qualified test institutions shall be given full consideration of.

An institution engaging in agricultural product quality safety test must possess commensurate conditions and capacities for test, and shall be qualified and pass the assessment of the administrative department of agriculture of the people's government at the provincial level or above or its authorized department. The specific measures shall be instituted by the administrative department of agriculture of the State Council.

An agricultural product quality safety test institution shall be found qualified from metrological certification in accordance with law.

Article 36

Where a producer or seller of agricultural products has any objection to the result of a supervisory test on a random inspection, it may, within 5 days as of the receipt of the test result, submit an application to the administrative department of agriculture that organizes the implementation of the agricultural product quality safety supervision on a random inspection or to the administrative department of agriculture at the higher level for a re-test.

When the speedy test method ascertained by the administrative department of agriculture of the State Council together with the relevant department is adopted for supervisory test by a random inspection of the agricultural product quality safety by sampling, if the party to be tested has any objection to the test result, it may, within four hours as of the receipt of the test result, submit an application for a re-test. The re-test shall not be carried out in a speedy method.

If the testing entity causes any damage to a party concerned as a result of a wrong test result, it shall undertake liabilities for compensation in the light of the law.

Article 37

An agricultural product wholesale market shall establish or entrust an agricultural product quality safety test institution to test the quality safety of the inward agricultural products for sale by a random inspection; when found any inconformity with the agricultural product quality safety criteria, the seller shall be required to immediately stop the sale, and report to the administrative department of agriculture.

An enterprise engaging in sale of agricultural products shall, for the agricultural products it sells, set up and improve the rules on inspection and acceptance of purchased goods; any agricultural product that is found from the inspection to fail to comply with the quality safety criteria shall not be sold.

Article 38

The state encourages entities and individuals to carry out public supervision over the agricultural product quality safety. Any entity or individual shall have rights to accuse, expose or charge any act violating the present Law. After receipt of relevant accusation, exposure or charge, the relevant department shall deal with the matter in a timely manner.

Article 39

The administrative department of agriculture of the people's government at the county level or above may, in its agricultural product quality safety supervision and inspection, make on-site inspections on the agricultural products under production or on-sale, investigate and know about the relative information on agricultural product quality safety, consult and photocopy the records and other information concerning agricultural product quality safety; and shall have the right to seal up or distrain the agricultural products which are found from test to fail to comply with the agricultural product quality safety criteria.

Article 40

When an agricultural product quality safety accident occurs, the concerned entities and individuals shall take control measures, and report to the local people's government at the township level and the administrative department of agriculture of the people's government at the county level in a timely manner. The organ receiving the report shall conduct the accident in a timely manner and report to the people's government at the higher level and other relative departments. When a major agricultural product quality safety accident occurs, the administrative department of agriculture shall inform the food and drug administrative department at the same level of it in a timely manner.

Article 41

In the agricultural product quality safety supervision and administration, if the administrative department of agriculture of a people's government at the county level or above finds that an agricultural product is under any of the circumstances listed in Article 33 of the present Law, it shall, on the basis of the requirements of the system for investigation of liabilities concerning agricultural product quality safety, find out the liable person, and punish him in the light of the law or propose punishment suggestions.

Article 42

An imported agricultural product must be inspected in accordance with the agricultural product quality safety criteria prescribed by the state. If the relevant agricultural product quality safety criteria have not been formulated, the department concerned shall formulate them in the light of the law in a timely manner, and may, before finishing formulating such criteria, inspect the imported agricultural product by referring to the relevant foreign criteria designated by the relevant department of the state.

Chapter VII Legal Liabilities

Article 43

If any agricultural product quality safety supervisory and administrative staff member does not carry out his supervisory duties in the light of the law, or abuses his powers, he/she shall be given administrative sanctions in the light of the law.

Article 44

If an agricultural product quality safety test institution forges a test result, it shall be ordered to make a correction, its illegal proceeds shall be confiscated, and in addition, it shall be charged a fine not less than 50,000 Yuan and not more than 100,000 Yuan. The person-in-charge directly responsible and other persons held directly liable shall be charged a fine not less than 10,000 Yuan and not more than 50,000 Yuan respectively. If the circumstances are serious, its test qualification shall be revoked. If it causes any damage, it shall undertake liabilities for compensation in the light of the law.

If an agricultural product quality safety test institution issues an untrue test result, and causes any damage, it shall undertake liabilities for compensation in the light of the law; if it causes any heavy damage, its test qualification shall be revoked, in addition.

Article 45

Whoever violates any law or regulation by discharging or dumping waste water, waste gas, solid wastes or other poisonous and harmful substances to a place of origin of agricultural products shall be penalized in the light of the relative environmental protection laws and regulations; if it/he causes any damage, it/he shall undertake liabilities for compensation in the light of the law.

Article 46

Whoever violates any law or administrative regulation or any provision of the administrative department of agriculture of the State Council in using agricultural input products, shall be penalized in the light of the relative laws and administrative regulations.

Article 47

If an enterprise engaging in agricultural production or a professional peasant cooperative economic organization fails to establish or fails to carry out the provisions to preserve records on agricultural production, or forges records on agricultural production, it shall be ordered to make a correction within the time limit; if it fails to make a correction within the time limit, it may be fined not more than 2,000 Yuan.

Article 48

Whoever violates the provisions prescribed in Article 28 of the present Law by failing to follow the provisions to pack or mark the agricultural products for sale, shall be ordered to make a correction within a time limit; if it/he fails to make a correction within the time limit, it/he may be fined not more than 2,000 Yuan.

Article 49

If the circumstances under Item (4) of Article 33 of the present Law arises, and the material in use such as the preservative, antiseptic or additive, etc. does not comply with the relevant compulsory technical regulations of the state, the party concerned shall be ordered to stop selling the said material, and shall make innocuous treatment of the polluted agricultural products, or supervise the destruction of the material if no innocuous treatment can be made; at the same time, its/his illegal incomes shall be confiscated, and it/he shall be fined not less than 2,000 Yuan and not more than 20,000 Yuan, in addition.

Article 50

If an agricultural product sold by an enterprise engaging in agricultural production or a professional peasant cooperative economic organization is under any of the circumstances listed in Items (1) through (3) or Item (5) of Article 33 of the present Law, the said entity shall be ordered to stop selling the products, replevy the sold agricultural products, and make innocuous treatment of or supervise the destruction of the illegally sold agricultural products; at the same time, its illegal incomes shall be confiscated, and it shall be fined not less than 2,000 Yuan and not more than 20,000 Yuan, in addition.

If an agricultural product sold by an enterprise engaging in sale of agricultural products is under any of the circumstances enumerated in the preceding paragraph, the said enterprise shall be punished or penalized in the light of the preceding paragraph.

If any on-sale agricultural products in an agricultural product wholesale market are under any of the circumstances listed in Paragraph 1, the agricultural products on illegal sale shall be conducted in the light of Paragraph 1, and the seller of the agricultural products shall be penalized in the light of Paragraph 1.

If an agricultural product wholesale market violates Paragraph 1 of Article 37 of the present Law, it shall be ordered to make a correction, and be fined not less than 2,000 Yuan and not more than 20,000 Yuan.

Article 51

Whoever violates Article 32 of the present Law by falsely making use of the quality marks on an agricultural product shall be ordered to make a correction, its/his illegal proceeds shall be confiscated, and it/he shall be fined not less than 2,000 Yuan and not more than 20,000 Yuan.

Article 52

The punishments and penalties prescribed in Article 44 , Articles 47 through 49, Paragraphs 1 and 4 of Article 50 , and Article 51 of the present Law shall be decided on by the administrative department of agriculture of the people's government at the county level or above; while the punishments and penalties prescribed in Paragraph 2 and Paragraph 3 of Article 50 shall be decided on by the administrative department for industry and commerce.

If any law has otherwise different provisions on an administrative penalty or the penalizing organ, such provisions shall prevail, but the same illegal act shall not be penalized for twice or more.

Article 53

If someone violates the present Law and has committed a crime, investigations shall be conducted to determine his/her criminal liabilities in the light of the law.

Article 54

If anyone producing or selling the agricultural products enumerated in Article 33 of the present Law causes any damage to a consumer, it shall undertake liabilities for compensation in the light of the law.

If any on-sale agricultural product in an agricultural product wholesale market is under the circumstance prescribed in the preceding paragraph, the consumer may claim against the agricultural product wholesale market for compensation; if the producer or seller is held liable, the agricultural product wholesale market shall have the right to make recourse. The consumer concerned may also directly claim against the producer or seller of the agricultural products for compensation.

Chapter VIII Supplementary Provisions

Article 55

The administration on pig slaughtering shall be carried out in the light of the relevant provisions of the state.

Article 56

The present Law shall go into effect as of November 1, 2006.