Chapter I General Provisions文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 1 These Measures are formulated in accordance with the Law of the People's Republic of China on the Quality and Safety of Agricultural Products for the purpose of strengthening the administration of agricultural product producing areas, improving the conditions of producing areas, and ensuring the safety of producing areas.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 2 For the purposes of these Measures, "agricultural product producing areas" refer to the relevant areas where plants, animals, microorganisms and their products are produced.文章源自FOFCC-http://fofcc.org.cn/am/11226/
For the purposes of these Measures, "safety of agricultural product producing areas" means that the quality of the soil, water bodies and atmospheric environment of agricultural product producing areas meets the requirements for producing agricultural products of quality and safety.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 3 The Ministry of Agriculture shall be responsible for the supervision and administration of the safety of agricultural product producing areas nationwide.文章源自FOFCC-http://fofcc.org.cn/am/11226/
The competent agricultural administrative departments of the local people's governments at or above the county level shall be responsible for the delineation and supervision and administration of agricultural product producing areas within their respective administrative regions.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Chapter II Monitoring and Evaluation of Producing Areas文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 4 The competent agricultural administrative departments of the people's governments at or above the county level shall establish and improve the monitoring and administration system for the safety of agricultural product producing areas, strengthen the investigation, monitoring and evaluation of the safety of agricultural product producing areas, compile annual reports on the safety status and development trends of agricultural product producing areas, and submit them to the competent agricultural administrative departments at higher levels for the record.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 5 The competent agricultural administrative departments of the people's governments at or above the provincial level shall establish national and provincial monitoring points in the following areas respectively to monitor the dynamic changes in the safety of agricultural product producing areas and guide the safety administration and protection of agricultural product producing areas.文章源自FOFCC-http://fofcc.org.cn/am/11226/
(1) Agricultural product production areas surrounding industrial and mining enterprises;文章源自FOFCC-http://fofcc.org.cn/am/11226/
(2) Sewage irrigation areas;文章源自FOFCC-http://fofcc.org.cn/am/11226/
(3) Agricultural product production areas in the suburbs of large and medium-sized cities;文章源自FOFCC-http://fofcc.org.cn/am/11226/
(4) Important agricultural product production areas;文章源自FOFCC-http://fofcc.org.cn/am/11226/
(5) Other areas requiring monitoring.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 6 The investigation, monitoring and evaluation of the safety of agricultural product producing areas shall be carried out in accordance with relevant national standards and other technical specifications.文章源自FOFCC-http://fofcc.org.cn/am/11226/
The establishment, modification and revocation of monitoring points shall be subject to expert demonstration.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 7 The competent agricultural administrative departments of the people's governments at or above the county level shall strengthen the statistical work on safety information of agricultural product producing areas and improve the safety monitoring archives of agricultural product producing areas.文章源自FOFCC-http://fofcc.org.cn/am/11226/
The monitoring archives shall accurately record the changes in the safety status of producing areas and shall be kept permanently.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Chapter III Delineation and Adjustment of Prohibited Production Areas文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 8 Where toxic and harmful substances in an agricultural product producing area do not meet the safety standards of the producing area and cause toxic and harmful substances in agricultural products to fail to meet the quality and safety standards of agricultural products, the area shall be delineated as a prohibited production area for agricultural products.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Areas prohibited from producing edible agricultural products may produce non-edible agricultural products.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 9 Where the circumstances specified in Article 8 of these Measures are met, the competent agricultural administrative department of the local people's government at or above the county level shall put forward a proposal for delineating a prohibited production area and report it to the competent agricultural administrative department at the provincial level. The competent agricultural administrative department at the provincial level shall organize expert demonstration and, together with the following materials, report it to the people's government at the same level for approval before promulgation.文章源自FOFCC-http://fofcc.org.cn/am/11226/
(1) Safety monitoring results of the producing area and testing results of agricultural products;文章源自FOFCC-http://fofcc.org.cn/am/11226/
(2) Safety monitoring and evaluation report of the producing area, including analysis of the causes of pollution in the producing area, analysis of the correlation between pollution in the producing area and agricultural products, evaluation methods and conclusions, etc.;文章源自FOFCC-http://fofcc.org.cn/am/11226/
(3) Expert demonstration report;文章源自FOFCC-http://fofcc.org.cn/am/11226/
(4) Recommendations on the adjustment of agricultural production structure and related handling measures.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 10 After a prohibited production area is delineated, the nature of cultivated land and basic farmland shall not be changed, and the compensation standards for land expropriation of agricultural land shall not be lowered.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 11 The competent agricultural administrative department of the county-level people's government shall set up signboards in the prohibited production area, indicating the location, boundaries, area, types of agricultural products prohibited from production, main types of pollutants, approving authority, date of signboard erection, etc.文章源自FOFCC-http://fofcc.org.cn/am/11226/
No unit or individual may arbitrarily move or damage the signboards.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 12 Where the safety status of a prohibited production area has improved and meets the relevant standards, the competent agricultural administrative department of the local people's government at or above the county level shall promptly put forward adjustment recommendations.文章源自FOFCC-http://fofcc.org.cn/am/11226/
The adjustment of prohibited production areas shall be carried out in accordance with the provisions of Article 9 of these Measures. Where a prohibited production area is adjusted, the content of the signboard shall be changed or the signboard shall be removed.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 13 The competent agricultural administrative departments of the local people's governments at or above the county level shall promptly report the results of the delineation and adjustment of prohibited production areas for agricultural products within their respective administrative regions to the Ministry of Agriculture level by level for the record.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Chapter IV Protection of Producing Areas文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 14 The competent agricultural administrative departments of the people's governments at or above the county level shall promote clean production technologies and methods and develop ecological agriculture.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 15 The competent agricultural administrative departments of the local people's governments at or above the county level shall formulate plans for the prevention and control of pollution and protection of agricultural product producing areas and incorporate them into local plans for agricultural and rural economic development.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 16 The competent agricultural administrative departments of the people's governments at or above the county level shall adopt biological, chemical, engineering and other measures to remediate and treat prohibited production areas for agricultural products and other agricultural product production areas where toxic and harmful substances do not meet the safety standards of producing areas.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 17 The competent agricultural administrative departments of the people's governments at or above the county level shall take measures to strengthen scientific research, technology promotion, publicity and training in the remediation and treatment of pollution in producing areas.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 18 The environmental impact assessment documents of agricultural construction projects shall be reviewed by the competent agricultural administrative departments of the people's governments at or above the county level in accordance with the law before being submitted to the relevant departments for approval.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Where an enterprise or project already built pollutes an agricultural product producing area, the competent agricultural administrative department of the local people's government shall request the people's government at the same level to take measures to reduce or eliminate the harm of pollution.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 19 No unit or individual may produce, fish or collect prohibited edible agricultural products in prohibited production areas or establish agricultural product production bases therein.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 20 No unit or individual may discharge or dump waste gas, wastewater, solid waste or other toxic and harmful substances into agricultural product producing areas.文章源自FOFCC-http://fofcc.org.cn/am/11226/
It is prohibited to pile, store or dispose of industrial solid waste in agricultural product producing areas. Where industrial solid waste is piled, stored or disposed of around agricultural product producing areas, effective measures shall be taken to prevent harm to the safety of agricultural product producing areas.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 21 Any unit or individual that provides or uses agricultural water and solid waste such as urban garbage and sludge used as fertilizer shall subject them to harmless treatment and ensure they meet relevant national standards.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 22 Agricultural producers shall rationally use agricultural inputs such as fertilizers, pesticides, veterinary drugs, feed and feed additives, and agricultural films. The use of agricultural inputs that are explicitly prohibited or eliminated by the state or that have not been licensed is prohibited.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Agricultural producers shall promptly remove and recover agricultural films, packaging of agricultural inputs and other items to prevent pollution of the environment of agricultural product producing areas.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Chapter V Supervision and Inspection文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 23 The competent agricultural administrative departments of the people's governments at or above the county level shall be responsible for the supervision and inspection of the safety of agricultural product producing areas.文章源自FOFCC-http://fofcc.org.cn/am/11226/
When performing supervision and inspection duties, agricultural administrative law enforcement personnel shall present their administrative law enforcement credentials to the unit or individual being inspected. The relevant unit or individual shall truthfully provide relevant information and materials and shall not refuse inspection or provide false information.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 24 When the competent agricultural administrative department of the people's government at or above the county level discovers that an agricultural product producing area is under threat of pollution, it shall order the unit or individual causing the harm to take measures to reduce or eliminate the threat of pollution. If the relevant unit or individual refuses to take measures, it shall be reported to the people's government at the same level for handling.文章源自FOFCC-http://fofcc.org.cn/am/11226/
When a pollution accident occurs in an agricultural product production area, the competent agricultural administrative department of the people's government at or above the county level shall investigate and handle it in accordance with the law.文章源自FOFCC-http://fofcc.org.cn/am/11226/
When an agricultural environmental pollution emergency occurs, it shall be handled in accordance with the provisions of the emergency response plan for agricultural environmental pollution emergencies.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 25 The funds for production area safety monitoring and supervision and inspection shall be included in the annual budget of the competent agricultural administrative department of the people's government at the same level. When carrying out production area safety monitoring and supervision and inspection, no fees may be charged to the units or individuals being inspected.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 26 A prohibited production area delineated in violation of the delineation standards and procedures stipulated in the Law of the People's Republic of China on the Quality and Safety of Agricultural Products and these Measures shall be invalid.文章源自FOFCC-http://fofcc.org.cn/am/11226/
If, in violation of the provisions of these Measures, a marker sign for a prohibited production area is moved or damaged without authorization, the competent agricultural administrative department of the local people's government at or above the county level shall order correction within a prescribed time limit and may impose a fine of not more than 1,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Other violations of the provisions of these Measures shall be punished in accordance with relevant laws and regulations.文章源自FOFCC-http://fofcc.org.cn/am/11226/
Chapter VI Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/am/11226/
Article 27 These Measures shall come into force as of November 1, 2006.文章源自FOFCC-http://fofcc.org.cn/am/11226/