Law of the People's Republic of China on Agricultural Product Quality Safety (Amended in 2018)

Law of the People's Republic of China on Agricultural Product Quality Safety (Amended in 2018)
Law of the People's Republic of China on Agricultural Product Quality Safety (Amended in 2018)

Order of the President of the People's Republic of China No. 16

October 26, 2018

(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; and amended in accordance with the Decision on Amending Fifteen Laws Including the Law of the People's Republic of China on the Protection of Wild Animals adopted at the Sixth Session of the Standing Committee of the 13th National People's Congress on October 26, 2018)

Contents
Chapter 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 for 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 people's government at the county level or above shall include the agricultural product quality safety administration into the national economic and social development planning at the present level,and offer 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 for agriculture under the State Council shall establish a commission of specialists for risk assessment of the quality and safety of agricultural products, which shall be composed of specialists in this area, to analyze and assess the potential risks that may impair the quality and safety of agricultural products.
The administrative department for agriculture under 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 for agriculture under the State Council and the administrative department for agriculture of the people's government of each province, autonomous region, or municipality directly under the Central Government shall, in compliance with their duties and within the limits of their powers, publish information about the quality and safety of agricultural products.

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 products for 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 specifications.
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 for agriculture together with other relevant departments.

Chapter III Places of Origin of Agricultural Products

Article 15 The administrative department for 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.
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