(Adopted at the 21st Session of the Standing Committee of the 10th National People's Congress on April 29, 2006)文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Table of Contents文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Chapter I General Provisions文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Chapter II Agricultural Product Quality and Safety Standards文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Chapter III Agricultural Product Producing Areas文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Chapter IV Agricultural Product Production文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Chapter V Packaging and Labeling of Agricultural Products文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Chapter VI Supervision and Inspection文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Chapter VII Legal Liability文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Chapter VIII Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Chapter I General Provisions文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 1 This Law is enacted for the purpose of ensuring the quality and safety of agricultural products, safeguarding public health, and promoting the development of agriculture and the rural economy.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 2 For the purposes of this Law, "agricultural products" means primary products derived from agriculture, i.e., plants, animals, microorganisms and their products obtained in agricultural activities.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
For the purposes of this Law, "agricultural product quality and safety" means that the quality of agricultural products meets the requirements for safeguarding human health and safety.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 3 The competent agriculture departments of the people's governments at or above the county level shall be responsible for the supervision and administration of agricultural product quality and safety; the relevant departments of the people's governments at or above the county level shall, in accordance with their respective functions and duties, be responsible for the relevant work concerning agricultural product quality and safety.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 4 The people's governments at or above the county level shall incorporate the administration of agricultural product quality and safety into their national economic and social development plans at the corresponding level, and allocate funds for agricultural product quality and safety to be used for carrying out agricultural product quality and safety work.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 5 The local people's governments at or above the county level shall exercise unified leadership and coordination over agricultural product quality and safety work within their respective administrative regions, and shall take measures to establish and improve agricultural product quality and safety service systems and raise the level of agricultural product quality and safety.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 6 The competent agriculture department of the State Council shall establish an expert committee on agricultural product quality and safety risk assessment composed of experts from relevant fields to conduct risk analysis and assessment of potential hazards that may affect agricultural product quality and safety.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
The competent agriculture department of the State Council shall adopt corresponding administrative measures based on the results of agricultural product quality and safety risk assessment, and shall promptly notify the relevant departments of the State Council of such results.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 7 The competent agriculture department of the State Council and the competent agriculture departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with their functions and powers, release information concerning the quality and safety status of agricultural products.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 8 The State shall guide and promote standardized production of agricultural products, encourage and support the production of high-quality agricultural products, and prohibit the production and sale of agricultural products that do not conform to the national standards for agricultural product quality and safety.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 9 The State shall support scientific and technological research on agricultural product quality and safety, promote scientific quality and safety management methods, and disseminate advanced and safe production technologies.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 10 People's governments at all levels and relevant departments shall strengthen the dissemination of knowledge on agricultural product quality and safety, raise public awareness of agricultural product quality and safety, guide agricultural product producers and sellers in strengthening quality and safety management, and ensure the safety of agricultural product consumption.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Chapter II Agricultural Product Quality and Safety Standards文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 11 The State shall establish and improve a system of agricultural product quality and safety standards. Agricultural product quality and safety standards are mandatory technical specifications.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
The formulation and promulgation of agricultural product quality and safety standards shall be carried out in accordance with the provisions of relevant laws and administrative regulations.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 12 In formulating agricultural product quality and safety standards, full consideration shall be given to the results of agricultural product quality and safety risk assessment, and the opinions of agricultural product producers, sellers, and consumers shall be solicited to ensure consumption safety.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 13 Agricultural product quality and safety standards shall be revised in a timely manner in accordance with the level of scientific and technological development and the needs of agricultural product quality and safety.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 14 The implementation of agricultural product quality and safety standards shall be organized by the competent agriculture department in consultation with relevant departments.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Chapter III Agricultural Product Producing Areas文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 15 Where the competent agriculture department of a local people's government at or above the county level, in accordance with the requirements for ensuring agricultural product quality and safety and based on factors such as the characteristics of agricultural product varieties and the status of toxic and harmful substances in the atmosphere, soil, and water bodies of the production area, considers that a particular area is unsuitable for the production of specific agricultural products, it shall propose a prohibited production area and, after approval by the people's government at the corresponding level, make it public. The specific measures shall be formulated by the competent agriculture department of the State Council in consultation with the competent environmental protection department of the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
The adjustment of prohibited production areas for agricultural products shall be handled in accordance with the procedures prescribed in the preceding paragraph.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 16 People's governments at or above the county level shall take measures to strengthen the construction of agricultural product bases and improve the production conditions of agricultural products.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
The competent agriculture departments of people's governments at or above the county level shall take measures to promote the construction of comprehensive standardized production demonstration zones, demonstration farms, breeding communities, and specified animal and plant disease-free zones that ensure agricultural product quality and safety.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 17 It is prohibited to produce, fish, or collect edible agricultural products or to establish agricultural product production bases in areas where toxic and harmful substances exceed the prescribed standards.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 18 It is prohibited to discharge or dump wastewater, waste gas, solid waste, or other toxic and harmful substances into agricultural product producing areas in violation of the provisions of laws and regulations.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Water used for agricultural production and solid waste used as fertilizer shall conform to the standards prescribed by the State.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 19 Agricultural product producers shall rationally use chemical products such as chemical fertilizers, pesticides, veterinary drugs, and agricultural films to prevent pollution of agricultural product producing areas.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Chapter IV Agricultural Product Production文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 20 The competent agriculture department of the State Council and the competent agriculture departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate production technical requirements and operating procedures for ensuring agricultural product quality and safety. The competent agriculture departments of people's governments at or above the county level shall strengthen guidance on agricultural product production.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 21 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 agricultural product quality and safety.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
The competent agriculture department of the State Council and the competent agriculture departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall regularly conduct supervisory spot checks on agricultural inputs such as pesticides, veterinary drugs, feed and feed additives, and fertilizers that may endanger agricultural product quality and safety, and shall publish the results of such spot checks.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 22 The competent agriculture departments of people's governments at or above the county level shall strengthen the management and guidance of the use of agricultural inputs and establish and improve a safe use system for agricultural inputs.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 23 Agricultural scientific research and educational institutions and agricultural technology extension institutions shall strengthen training for agricultural product producers in quality and safety knowledge and skills.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 24 Agricultural product production enterprises and specialized farmers' cooperative economic organizations shall establish agricultural product production records and truthfully record the following matters:文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
(1) The names, sources, methods of use, dosages, and dates of use and discontinuation of agricultural inputs;文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
(2) The occurrence and control of animal diseases and plant pests, diseases, and weeds;文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
(3) The dates of harvest, slaughter, or fishing.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Agricultural product production records shall be kept for two years. It is prohibited to forge agricultural product production records.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
The State encourages other agricultural product producers to establish agricultural product production records.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 25 Agricultural product producers shall, in accordance with the provisions of laws, administrative regulations, and the competent agriculture department of the State Council, rationally use agricultural inputs, strictly implement the provisions on safety intervals or withdrawal periods for the use of agricultural inputs, and prevent endangerment of agricultural product quality and safety.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
It is prohibited to use agricultural inputs expressly prohibited by the State in the process of agricultural product production.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 26 Agricultural product production enterprises and specialized farmers' cooperative economic organizations shall conduct testing of agricultural product quality and safety on their own or by entrusting a testing institution; agricultural products that are found through testing not to conform to agricultural product quality and safety standards shall not be sold.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 27 Farmers' specialized cooperative economic organizations and agricultural product industry associations shall promptly provide their members with production technical services, establish agricultural product quality and safety management systems, improve agricultural product quality and safety control systems, and strengthen self-regulatory management.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Chapter V Packaging and Labeling of Agricultural Products文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 28 Agricultural products sold by agricultural product production enterprises, farmers' specialized cooperative economic organizations, and units or individuals engaged in the purchase of agricultural products shall, where packaging or additional labeling is required in accordance with regulations, be sold only after packaging or additional labeling. The packaging or labels shall, in accordance with regulations, indicate the product name, place of origin, producer, production date, shelf life, product quality grade, and other contents; where additives are used, the names of the additives shall also be indicated in accordance with regulations. The specific measures shall be formulated by the competent agricultural administrative department of the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 29 Materials such as preservatives, anti-corrosion agents, and additives used in the packaging, preservation, storage, and transportation of agricultural products shall comply with the relevant mandatory technical specifications of the State.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 30 Agricultural products that are agricultural genetically modified organisms shall be labeled in accordance with the relevant provisions on the safety management of agricultural genetically modified organisms.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 31 Animals, plants, and their products that are required by law to undergo quarantine shall be accompanied by quarantine qualification marks and quarantine qualification certificates.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 32 Agricultural products sold must comply with agricultural product quality and safety standards. Producers may apply to use the pollution-free agricultural product mark. Where the quality of agricultural products complies with the relevant high-quality agricultural product standards prescribed by the State, producers may apply to use the corresponding agricultural product quality marks.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
It is prohibited to fraudulently use the agricultural product quality marks specified in the preceding paragraph.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Chapter VI Supervision and Inspection文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 33 Agricultural products under any of the following circumstances shall not be sold:文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
(1) Those containing pesticides, veterinary drugs, or other chemical substances prohibited from use by the State;文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
(2) Those whose residues of chemical substances such as pesticides and veterinary drugs, or content of toxic and harmful substances such as heavy metals, do not comply with agricultural product quality and safety standards;文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
(3) Those containing pathogenic parasites, microorganisms, or biological toxins that do not comply with agricultural product quality and safety standards;文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
(4) Those for which materials such as preservatives, anti-corrosion agents, and additives used do not comply with the relevant mandatory technical specifications of the State;文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
(5) Other agricultural products that do not comply with agricultural product quality and safety standards.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 34 The State establishes an agricultural product quality and safety monitoring system. The competent agricultural administrative departments of the people's governments at or above the county level shall, in accordance with the requirements for safeguarding agricultural product quality and safety, formulate and organize the implementation of agricultural product quality and safety monitoring plans, and conduct supervisory spot checks on agricultural products in production or sold on the market. The results of supervisory spot checks shall be published by the competent agricultural administrative department of the State Council or the competent agricultural administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government within their respective authorities.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Supervisory spot check testing shall be entrusted to agricultural product quality and safety testing institutions that meet the conditions specified in Article 35 of this Law. No fees shall be charged to the persons subject to spot checks, and the number of samples taken shall not exceed the amount prescribed by the competent agricultural administrative department of the State Council. Where a higher-level competent agricultural administrative department conducts supervisory spot checks on agricultural products, a lower-level competent agricultural administrative department shall not conduct separate repeated spot checks.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 35 Agricultural product quality and safety testing shall make full use of existing qualified testing institutions.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Institutions engaged in agricultural product quality and safety testing must possess the corresponding testing conditions and capabilities and be assessed as qualified by the competent agricultural administrative departments of the people's governments at or above the provincial level or departments authorized by them. The specific measures shall be formulated by the competent agricultural administrative department of the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Agricultural product quality and safety testing institutions shall pass metrological certification in accordance with law.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 36 Where agricultural product producers or sellers have objections to the results of supervisory spot check testing, they may, within five days from the date of receiving the testing results, apply to the competent agricultural administrative department that organized the implementation of the agricultural product quality and safety supervisory spot check or its superior competent agricultural administrative department for a re-inspection.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Where rapid testing methods recognized by the competent agricultural administrative department of the State Council together with relevant departments are used for supervisory spot check testing of agricultural product quality and safety, and the person subject to spot checking has objections to the testing results, they may apply for a re-inspection within four hours from the time of receiving the testing results. Rapid testing methods shall not be used for re-inspection.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Where damage is caused to a party due to erroneous testing results, liability for compensation shall be borne in accordance with law.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 37 Wholesale markets for agricultural products shall establish or entrust agricultural product quality and safety testing institutions to conduct spot check testing on the quality and safety status of agricultural products sold in the market; where agricultural products that do not comply with agricultural product quality and safety standards are found, they shall require sellers to immediately stop sales and report to the competent agricultural administrative department.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Agricultural product sales enterprises shall establish and improve incoming goods inspection and acceptance systems for the agricultural products they sell; those found upon inspection not to comply with agricultural product quality and safety standards shall not be sold.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 38 The State encourages units and individuals to conduct social supervision over agricultural product quality and safety. Any unit or individual has the right to report, expose, and accuse violations of this Law. Relevant departments shall promptly handle reports, exposures, and accusations upon receipt.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 39 In the supervision and inspection of agricultural product quality and safety, the competent agricultural administrative departments of the people's governments at or above the county level may conduct on-site inspections of agricultural products in production and sale, investigate and understand matters related to agricultural product quality and safety, consult and copy records and other materials related to agricultural product quality and safety; and have the right to seal up and seize agricultural products that are found upon testing not to comply with agricultural product quality and safety standards.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 40 When an agricultural product quality and safety accident occurs, the relevant units and individuals shall take control measures and promptly report to the township-level people's government and the competent agricultural administrative department of the county-level people's government in the place where they are located; the organs receiving the report shall promptly handle it and report to the people's government at the next higher level and relevant departments. When a major agricultural product quality and safety accident occurs, the competent agricultural administrative department shall promptly notify the food and drug supervision and administration department at the same level.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 41 Where, in the supervision and management of agricultural product quality and safety, the competent agricultural administrative departments of the people's governments at or above the county level discover agricultural products under any of the circumstances listed in Article 33 of this Law, they shall, in accordance with the requirements of the agricultural product quality and safety accountability system, identify the responsible persons and handle the matter in accordance with law or propose handling suggestions.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 42 Imported agricultural products must be inspected in accordance with the agricultural product quality and safety standards prescribed by the State; where relevant agricultural product quality and safety standards have not yet been formulated, they shall be formulated promptly in accordance with law, and before formulation, inspection may be conducted by reference to relevant foreign standards designated by the relevant departments of the State.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Chapter VII Legal Liability文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 43 Where agricultural product quality and safety supervision and management personnel fail to perform supervision duties in accordance with law or abuse their powers, administrative sanctions shall be imposed in accordance with law.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 44 Where an agricultural product quality and safety testing institution forges testing results, it shall be ordered to correct, its illegal gains shall be confiscated, and it shall be fined not less than 50,000 yuan but not more than 100,000 yuan, and the directly responsible persons in charge and other directly responsible persons shall be fined not less than 10,000 yuan but not more than 50,000 yuan; if the circumstances are serious, its testing qualification shall be revoked; if damage is caused, liability for compensation shall be borne in accordance with law.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Where an agricultural product quality and safety testing institution issues untrue testing results and causes damage, it shall bear liability for compensation in accordance with law; if major damage is caused, its testing qualification shall also be revoked.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 45 Whoever, in violation of laws and regulations, discharges or dumps wastewater, waste gas, solid waste, or other toxic and harmful substances into agricultural product production areas shall be punished in accordance with the provisions of relevant environmental protection laws and regulations; if damage is caused, liability for compensation shall be borne in accordance with law.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 46 Whoever uses agricultural inputs in violation of laws, administrative regulations, and the provisions of the competent agricultural administrative department of the State Council shall be punished in accordance with the provisions of relevant laws and administrative regulations.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 47 Where an agricultural product production enterprise or farmers' specialized cooperative economic organization fails to establish or fails to preserve agricultural product production records in accordance with regulations, or forges agricultural product production records, it shall be ordered to correct within a prescribed time limit; if it fails to correct upon expiration of the time limit, it may be fined not more than 2,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 48 Where, in violation of Article 28 of this Law, agricultural products sold are not packaged or labeled in accordance with regulations, the seller shall be ordered to correct within a prescribed time limit; if it fails to correct upon expiration of the time limit, it may be fined not more than 2,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 49 Where any circumstance specified in Article 33, paragraph 4 of this Law exists, namely, materials such as preservatives, anti-corrosion agents, and additives used do not comply with the relevant mandatory technical specifications of the State, the seller shall be ordered to stop sales, the contaminated agricultural products shall be subjected to harmless treatment, and those that cannot undergo harmless treatment shall be supervised and destroyed; illegal gains shall be confiscated, and a fine of not less than 2,000 yuan but not more than 20,000 yuan shall also be imposed.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 50 Where agricultural products sold by an agricultural product production enterprise or farmers' specialized cooperative economic organization fall under any of the circumstances listed in Article 33, paragraphs 1 to 3 or paragraph 5 of this Law, the seller shall be ordered to stop sales, the agricultural products already sold shall be recovered, and the illegally sold agricultural products shall be subjected to harmless treatment or supervised and destroyed; illegal gains shall be confiscated, and a fine of not less than 2,000 yuan but not more than 20,000 yuan shall also be imposed.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Where agricultural products sold by an agricultural product sales enterprise fall under the circumstances listed in the preceding paragraph, they shall be handled and punished in accordance with the provisions of the preceding paragraph.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Where agricultural products sold in an agricultural product wholesale market fall under the circumstances listed in paragraph 1, the illegally sold agricultural products shall be handled in accordance with the provisions of paragraph 1, and the agricultural product sellers shall be punished in accordance with the provisions of paragraph 1.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Where an agricultural product wholesale market violates the provisions of Article 37, paragraph 1 of this Law, it shall be ordered to correct and fined not less than 2,000 yuan but not more than 20,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 51 Whoever, in violation of Article 32 of this Law, fraudulently uses agricultural product quality marks shall be ordered to correct, illegal gains shall be confiscated, and a fine of not less than 2,000 yuan but not more than 20,000 yuan shall also be imposed.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 52 The handling and penalties provided for in Articles 44, 47 to 49, Article 50, paragraphs 1 and 4, and Article 51 of this Law shall be decided by the competent agricultural administrative departments of the people's governments at or above the county level; the handling and penalties provided for in Article 50, paragraphs 2 and 3 shall be decided by the administrative departments for industry and commerce.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Where laws have other provisions on administrative penalties and the organs imposing penalties, those provisions shall prevail. However, the same illegal act shall not be punished repeatedly.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 53 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal liability in accordance with law.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 54 Whoever produces or sells agricultural products listed in Article 33 of this Law and causes damage to consumers shall bear liability for compensation in accordance with law.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Where agricultural products sold in an agricultural product wholesale market fall under the circumstances specified in the preceding paragraph, consumers may demand compensation from the agricultural product wholesale market; where the responsibility lies with the producer or seller, the agricultural product wholesale market has the right to recover compensation. Consumers may also directly demand compensation from the agricultural product producer or seller.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Chapter VIII Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 55 The management of pig slaughtering shall be carried out in accordance with the relevant provisions of the State.文章源自FOFCC-http://fofcc.org.cn/am/11224/
文章源自FOFCC-http://fofcc.org.cn/am/11224/
Article 56 This Law shall come into force as of November 1, 2006.文章源自FOFCC-http://fofcc.org.cn/am/11224/