Law of the People's Republic of China on Agricultural Product Quality and Safety (Revised in 2022)
Law of the People's Republic of China on Agricultural Product Quality and Safety (Revised in 2022)
Law of the People's Republic of China on Agricultural Product Quality and Safety (Revised in 2022)
Order of the President of the People's Republic of China No. 120
September 2, 2022
The Law of the People's Republic of China on Agricultural Product Quality and Safety, revised and adopted at the 36th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on September 2, 2022, is hereby issued, and shall come into force on January 1, 2023.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on Agricultural Product Quality and Safety (Revised in 2022)
(Adopted at the 21st Session of the Standing Committee of the 10th National People's Congress on April 29, 2006; amended in accordance with the Decision on Amending Fifteen Laws Including the Law of the People's Republic of China on the Protection of Wildlife adopted at the 6th Session of the Standing Committee of the 13th National People's Congress on October 26, 2018, and revised at the 36th Session of the Standing Committee of the 13th National People's Congress on September 2, 2022)
Contents
Chapter I General Provisions
Chapter II Risk Management and Standard Setting for Agricultural Product Quality and Safety
Chapter III Places of Production of Agricultural Products
Chapter IV Production of Agricultural Products
Chapter V Sales of Agricultural Products
Chapter VI Supervision and Administration
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted to ensure the quality and safety of agricultural products, maintain the health of the public, and promote the development of agriculture and rural economy.
Article 2 The term "agricultural products" as mentioned in this Law means the primary products derived from planting, forestry, animal husbandry, fishery, etc., namely, the plants, animals, microorganisms and their products obtained from agricultural activities.
The term "agricultural product quality and safety" as mentioned in this Law means that the quality of agricultural products meets the quality and safety standards of agricultural products and conforms to the requirements for ensuring human health and safety.
Article 3 This Law shall apply to the production and distribution of agricultural products and their supervision and management activities related to the quality and safety of agricultural products.
Where the Food Safety Law of the People's Republic of China (the "Food Safety Law") has laid down provisions on the marketing and sales of edible agricultural products, the setting of relevant quality and safety standards, the disclosure of relevant safety information and agricultural inputs, such provisions shall prevail.
Article 4 The State shall strengthen the quality and safety of agricultural products, implement the source control, risk management, and whole-process control, establish a scientific and strict supervision and administration system, and build a coordinated and efficient social governance system.
Article 5 The competent departments for agriculture and rural affairs and for market regulation under the State Council shall supervise and administer the quality and safety of agricultural products in accordance with this Law and the prescribed duties.
Other relevant departments under the State Council shall carry out the work pertaining to the quality and safety of agricultural products in accordance with this Law and the prescribed duties.
Article 6 The local people's governments at or above the county level shall be responsible for the quality and safety of agricultural products within their own administrative areas, exercise unified leadership over, organize and coordinate the work of agricultural product quality and safety within their own administrative areas, establish and improve the working mechanisms for the agricultural product quality and safety, and improve the quality and safety level.
The local people's governments at or above the county level shall, in accordance with this Law and pertinent provisions, define the duties for the supervision and administration of the agricultural product quality and safety performed by the competent departments for agriculture and rural affairs and for market regulation and other departments at the same level. All departments concerned shall, to the extent of their duties, take charge of the supervision and administration of the agricultural product quality and safety within their own administrative areas.
The township people's governments shall perform the duties for the supervision and administration of the agricultural product quality and safety and assist superior people's governments and their departments concerned in the effective supervision and administration of the agricultural product quality and safety.
Article 7 Producers and distributors of agricultural products shall be responsible for the quality and safety of the agricultural products they produce and distribute.
Producers and distributors of agricultural products shall engage in production and distribution activities in accordance with laws, regulations and agricultural product quality and safety standards, conduct themselves with integrity and self-regulation, be subject to the public supervision, and assume social responsibility.
Article 8 The local people's governments at or above the county level shall incorporate the management of the agricultural product quality and safety in their national economic and social development plans, include the funds required in their own budgets, and strengthen capacity building efforts in the supervision and administration of the agricultural product quality and safety.
Article 9 The State shall give guidance on and promote standardized production of agricultural products, encourage and support the production of green and high-quality agricultural products, and prohibit the production and sales of agricultural products that are not in conformity with the quality and safety standards for agricultural products set by the State.
Article 10 The State shall support the scientific and technological research on the quality and safety of agricultural products, introduce scientific approaches to quality and safety management and spread the use of advanced and safe production technology. The State shall strengthen international exchanges and cooperation in the science and technology for the quality and safety of agricultural products.
Article 11 People's governments at all levels and the departments concerned shall improve the dissemination of knowledge about the quality and safety of agricultural products, give full play to the advantages and roles of grassroots self-governing mass organizations and rural collective economic organizations, and direct producers and distributors of agricultural products to improve management in respect of quality and safety, and ensure the safety of agricultural products for consumption.
The news media shall improve the awareness of the public in respect of the laws, regulations and knowledge on the quality and safety of agricultural products and supervise the violations through public opinion, and ensure that the reports on the agricultural product quality and safety are truthful and fair.
Article 12 Specialized farmers' cooperatives and agricultural product industry associations shall provide their members with production technical services in a timely manner, establish management systems for the agricultural product quality and safety, improve the quality and safety control system for agricultural products, and improve management in self-regulation.
Chapter II Risk Management and Standard Setting for Agricultural Product Quality and Safety
Article 13 The State shall establish a risk monitoring system for agricultural product quality and safety.
The competent department for agriculture and rural affairs under the State Council shall develop a national plan for risk monitoring of agricultural product quality and safety, and conduct quality and safety risk monitoring with respect to key regions and key agricultural product varieties. The competent departments for agriculture and rural affairs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the national plan for risk monitoring of agricultural product quality and safety and in light of the actual production and distribution situation of agricultural products in their own administrative areas, develop implementation plans for risk monitoring of agricultural product quality and safety for their own administrative areas, and file such plans with the competent department for agriculture and rural affairs under the State Council for the record. The competent departments for agriculture and rural affairs of local people's governments at or above the county level shall be responsible for organizing and carrying out the risk monitoring of the agricultural product quality and safety within their own administrative areas.
After the departments for market regulation and other departments concerned of the people's governments at or above the county level are informed of the risk information on the agricultural product quality and safety, they shall immediately verify the information and notify the competent departments for agriculture and rural affairs at the same level of the matter. The departments for agriculture and rural affairs being notified shall report the matter without delay. The departments that develop plans for risk monitoring of agricultural product quality and safety and implementation plans shall conduct research and analysis promptly and make adjustments as necessary.
Article 14 The State shall establish a risk assessment system for agricultural product quality and safety.
The competent department for agriculture and rural affairs under the State Council shall set up an expert committee on risk assessment of agricultural product quality and safety to conduct risk analysis and assessment of potential hazards that may affect the quality and safety of agricultural products. If the health department, department for market regulation or any other department under the State Council finds it is necessary to conduct a risk assessment on the quality and safety of agricultural products, it shall make recommendations to the competent department for agriculture and rural affairs under the State Council on risk assessment.
The expert committee on risk assessment of agricultural product quality and safety is composed of experts in such fields as agriculture, food, nutrition, biology, environment, medicine, and chemical.
Article 15 The competent department for agriculture and rural affairs under the State Council shall, based on the results of risk monitoring and risk assessment of agricultural product quality and safety, take appropriate administrative measures, and promptly notify the departments for market supervision, health, and other departments under the State Council and the competent departments for agriculture and rural affairs of provinces, autonomous regions and municipalities directly under the Central Government of the results of risk monitoring and risk assessment of agricultural product quality and safety.
The competent departments for agriculture and rural affairs of the people's governments at or above the county level, when carrying out risk monitoring and risk assessment of the agricultural product quality and safety, may enter the places of production, storage sites, and wholesale and retail markets of agricultural products, as needed. The fees for collection of samples shall be paid at market prices.
Article 16 The State shall establish and improve the standards system for agricultural product quality and safety and ensure strict application thereof. Agricultural product quality and safety standards, as mandatory standards, include the following requirements in respect of agricultural product quality and safety:
1. requirements for the quality, scope of use, method of usage, and permitted amounts of agricultural inputs, and preharvest interval (PHI) ad withdrawal period;
2. requirements for the environment of places of production, control of production process, storage and transportation of agricultural products;
3. requirements for key ingredient indicators of agricultural products;
4. inspection specifications related to the slaughter of livestock and poultry; and
5. other mandatory requirements related to the agricultural product quality and safety.
Where the Food Safety Law has laid down provisions on the relevant quality and safety standards for edible agricultural products, such provisions shall prevail.
Article 17 The agricultural product quality and safety standards shall be formulated and issued under laws and administrative regulations.
In formulating agricultural product quality and safety standards, the results of risk assessment of agricultural product quality and safety shall be fully taken into consideration, and the opinions of agricultural product producers and distributors, consumers, departments concerned, industry associations, among others, shall be heeded, to ensure the safety of agricultural products in consumption.
Article 18 The agricultural product quality and safety standards shall be revised timely along with the scientific and technological development and according to the requirements for agricultural product quality and safety.
Article 19 Application of the agricultural product quality and safety standards shall be organized by the departments for agriculture and rural affairs after consulting with the departments concerned.
Chapter III Places of Production of Agricultural Products
Article 20 The State shall establish and improve the monitoring system for the places of production of agricultural products.
The competent departments for agriculture and rural affairs of local people's governments at or above the county level shall, in conjunction with the ecology and environment department, natural resources department and other departments at the same level, develop monitoring plans for the places of production of agricultural products, and strengthen the investigation, monitoring and evaluation in respect of the safety of places of production of agricultural products.
Article 21 The competent departments for agriculture and rural affairs of local people's governments at or above the county level shall, in conjunction with the ecology and environment departments, natural resources departments and other departments at the same level, follow the requirements for ensuring the quality and safety of agricultural products and propose suggestions on defining areas where production of specific agricultural products is prohibited, in accordance with laws and regulations on prevention and control of soil pollution, based on the characteristics of agricultural products and the results of investigation, monitoring and evaluation of the safety of production places, and such suggestions will be implemented upon approval by the people's governments at the same level.
No entity or individual may grow, breed, fish or collect specific agricultural products or establish specific agricultural product production bases in the prohibited production areas of specific agricultural products.
The specific measures for the definition and management of the prohibited production areas of specific agricultural products shall be formulated by the competent department for agriculture and rural affairs under the State Council in consultation with the ecology and environment department, natural resources department and other departments under the State Council.
Article 22 No entity or individual may, in violation of relevant environmental protection laws and regulations, discharge or dump wastewater, waste gas, solid waste or other toxic and harmful substances to the places of production of agricultural products.
Water used for agricultural production and solid waste used as fertilizers shall be in conformity with requirements of laws, regulations and the mandatory standards set by the State.
Article 23 Producers of agricultural products shall scientifically and rationally use agricultural inputs such as pesticides, veterinary drugs, fertilizers, and agricultural films to prevent pollution to the places of production of agricultural products.
Producers, distributors and users of agricultural inputs such as pesticides, fertilizers, and agricultural films shall recycle and properly dispose of packaging and waste in accordance with pertinent provisions of the State.
Article 24 The people's governments at or above the county level shall take measures to strengthen the construction of agricultural product bases, promote the demonstration construction of agricultural standardization, and improve the production conditions of agricultural products.
Chapter IV Production of Agricultural Products
Article 25 The competent departments for agriculture and rural affairs of the local people's governments at or above the county level shall, based on the local conditions, lay down technical requirements and operating rules for production to ensure the quality and safety of agricultural products, and enhance the training and guidance for producers and distributors of agricultural products.
Agricultural technology promotion institutions shall strengthen the training on quality and safety knowledge and skills for producers and distributors of agricultural products.
......
Order of the President of the People's Republic of China No. 120
September 2, 2022
The Law of the People's Republic of China on Agricultural Product Quality and Safety, revised and adopted at the 36th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on September 2, 2022, is hereby issued, and shall come into force on January 1, 2023.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on Agricultural Product Quality and Safety (Revised in 2022)
(Adopted at the 21st Session of the Standing Committee of the 10th National People's Congress on April 29, 2006; amended in accordance with the Decision on Amending Fifteen Laws Including the Law of the People's Republic of China on the Protection of Wildlife adopted at the 6th Session of the Standing Committee of the 13th National People's Congress on October 26, 2018, and revised at the 36th Session of the Standing Committee of the 13th National People's Congress on September 2, 2022)
Contents
Chapter I General Provisions
Chapter II Risk Management and Standard Setting for Agricultural Product Quality and Safety
Chapter III Places of Production of Agricultural Products
Chapter IV Production of Agricultural Products
Chapter V Sales of Agricultural Products
Chapter VI Supervision and Administration
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted to ensure the quality and safety of agricultural products, maintain the health of the public, and promote the development of agriculture and rural economy.
Article 2 The term "agricultural products" as mentioned in this Law means the primary products derived from planting, forestry, animal husbandry, fishery, etc., namely, the plants, animals, microorganisms and their products obtained from agricultural activities.
The term "agricultural product quality and safety" as mentioned in this Law means that the quality of agricultural products meets the quality and safety standards of agricultural products and conforms to the requirements for ensuring human health and safety.
Article 3 This Law shall apply to the production and distribution of agricultural products and their supervision and management activities related to the quality and safety of agricultural products.
Where the Food Safety Law of the People's Republic of China (the "Food Safety Law") has laid down provisions on the marketing and sales of edible agricultural products, the setting of relevant quality and safety standards, the disclosure of relevant safety information and agricultural inputs, such provisions shall prevail.
Article 4 The State shall strengthen the quality and safety of agricultural products, implement the source control, risk management, and whole-process control, establish a scientific and strict supervision and administration system, and build a coordinated and efficient social governance system.
Article 5 The competent departments for agriculture and rural affairs and for market regulation under the State Council shall supervise and administer the quality and safety of agricultural products in accordance with this Law and the prescribed duties.
Other relevant departments under the State Council shall carry out the work pertaining to the quality and safety of agricultural products in accordance with this Law and the prescribed duties.
Article 6 The local people's governments at or above the county level shall be responsible for the quality and safety of agricultural products within their own administrative areas, exercise unified leadership over, organize and coordinate the work of agricultural product quality and safety within their own administrative areas, establish and improve the working mechanisms for the agricultural product quality and safety, and improve the quality and safety level.
The local people's governments at or above the county level shall, in accordance with this Law and pertinent provisions, define the duties for the supervision and administration of the agricultural product quality and safety performed by the competent departments for agriculture and rural affairs and for market regulation and other departments at the same level. All departments concerned shall, to the extent of their duties, take charge of the supervision and administration of the agricultural product quality and safety within their own administrative areas.
The township people's governments shall perform the duties for the supervision and administration of the agricultural product quality and safety and assist superior people's governments and their departments concerned in the effective supervision and administration of the agricultural product quality and safety.
Article 7 Producers and distributors of agricultural products shall be responsible for the quality and safety of the agricultural products they produce and distribute.
Producers and distributors of agricultural products shall engage in production and distribution activities in accordance with laws, regulations and agricultural product quality and safety standards, conduct themselves with integrity and self-regulation, be subject to the public supervision, and assume social responsibility.
Article 8 The local people's governments at or above the county level shall incorporate the management of the agricultural product quality and safety in their national economic and social development plans, include the funds required in their own budgets, and strengthen capacity building efforts in the supervision and administration of the agricultural product quality and safety.
Article 9 The State shall give guidance on and promote standardized production of agricultural products, encourage and support the production of green and high-quality agricultural products, and prohibit the production and sales of agricultural products that are not in conformity with the quality and safety standards for agricultural products set by the State.
Article 10 The State shall support the scientific and technological research on the quality and safety of agricultural products, introduce scientific approaches to quality and safety management and spread the use of advanced and safe production technology. The State shall strengthen international exchanges and cooperation in the science and technology for the quality and safety of agricultural products.
Article 11 People's governments at all levels and the departments concerned shall improve the dissemination of knowledge about the quality and safety of agricultural products, give full play to the advantages and roles of grassroots self-governing mass organizations and rural collective economic organizations, and direct producers and distributors of agricultural products to improve management in respect of quality and safety, and ensure the safety of agricultural products for consumption.
The news media shall improve the awareness of the public in respect of the laws, regulations and knowledge on the quality and safety of agricultural products and supervise the violations through public opinion, and ensure that the reports on the agricultural product quality and safety are truthful and fair.
Article 12 Specialized farmers' cooperatives and agricultural product industry associations shall provide their members with production technical services in a timely manner, establish management systems for the agricultural product quality and safety, improve the quality and safety control system for agricultural products, and improve management in self-regulation.
Chapter II Risk Management and Standard Setting for Agricultural Product Quality and Safety
Article 13 The State shall establish a risk monitoring system for agricultural product quality and safety.
The competent department for agriculture and rural affairs under the State Council shall develop a national plan for risk monitoring of agricultural product quality and safety, and conduct quality and safety risk monitoring with respect to key regions and key agricultural product varieties. The competent departments for agriculture and rural affairs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the national plan for risk monitoring of agricultural product quality and safety and in light of the actual production and distribution situation of agricultural products in their own administrative areas, develop implementation plans for risk monitoring of agricultural product quality and safety for their own administrative areas, and file such plans with the competent department for agriculture and rural affairs under the State Council for the record. The competent departments for agriculture and rural affairs of local people's governments at or above the county level shall be responsible for organizing and carrying out the risk monitoring of the agricultural product quality and safety within their own administrative areas.
After the departments for market regulation and other departments concerned of the people's governments at or above the county level are informed of the risk information on the agricultural product quality and safety, they shall immediately verify the information and notify the competent departments for agriculture and rural affairs at the same level of the matter. The departments for agriculture and rural affairs being notified shall report the matter without delay. The departments that develop plans for risk monitoring of agricultural product quality and safety and implementation plans shall conduct research and analysis promptly and make adjustments as necessary.
Article 14 The State shall establish a risk assessment system for agricultural product quality and safety.
The competent department for agriculture and rural affairs under the State Council shall set up an expert committee on risk assessment of agricultural product quality and safety to conduct risk analysis and assessment of potential hazards that may affect the quality and safety of agricultural products. If the health department, department for market regulation or any other department under the State Council finds it is necessary to conduct a risk assessment on the quality and safety of agricultural products, it shall make recommendations to the competent department for agriculture and rural affairs under the State Council on risk assessment.
The expert committee on risk assessment of agricultural product quality and safety is composed of experts in such fields as agriculture, food, nutrition, biology, environment, medicine, and chemical.
Article 15 The competent department for agriculture and rural affairs under the State Council shall, based on the results of risk monitoring and risk assessment of agricultural product quality and safety, take appropriate administrative measures, and promptly notify the departments for market supervision, health, and other departments under the State Council and the competent departments for agriculture and rural affairs of provinces, autonomous regions and municipalities directly under the Central Government of the results of risk monitoring and risk assessment of agricultural product quality and safety.
The competent departments for agriculture and rural affairs of the people's governments at or above the county level, when carrying out risk monitoring and risk assessment of the agricultural product quality and safety, may enter the places of production, storage sites, and wholesale and retail markets of agricultural products, as needed. The fees for collection of samples shall be paid at market prices.
Article 16 The State shall establish and improve the standards system for agricultural product quality and safety and ensure strict application thereof. Agricultural product quality and safety standards, as mandatory standards, include the following requirements in respect of agricultural product quality and safety:
1. requirements for the quality, scope of use, method of usage, and permitted amounts of agricultural inputs, and preharvest interval (PHI) ad withdrawal period;
2. requirements for the environment of places of production, control of production process, storage and transportation of agricultural products;
3. requirements for key ingredient indicators of agricultural products;
4. inspection specifications related to the slaughter of livestock and poultry; and
5. other mandatory requirements related to the agricultural product quality and safety.
Where the Food Safety Law has laid down provisions on the relevant quality and safety standards for edible agricultural products, such provisions shall prevail.
Article 17 The agricultural product quality and safety standards shall be formulated and issued under laws and administrative regulations.
In formulating agricultural product quality and safety standards, the results of risk assessment of agricultural product quality and safety shall be fully taken into consideration, and the opinions of agricultural product producers and distributors, consumers, departments concerned, industry associations, among others, shall be heeded, to ensure the safety of agricultural products in consumption.
Article 18 The agricultural product quality and safety standards shall be revised timely along with the scientific and technological development and according to the requirements for agricultural product quality and safety.
Article 19 Application of the agricultural product quality and safety standards shall be organized by the departments for agriculture and rural affairs after consulting with the departments concerned.
Chapter III Places of Production of Agricultural Products
Article 20 The State shall establish and improve the monitoring system for the places of production of agricultural products.
The competent departments for agriculture and rural affairs of local people's governments at or above the county level shall, in conjunction with the ecology and environment department, natural resources department and other departments at the same level, develop monitoring plans for the places of production of agricultural products, and strengthen the investigation, monitoring and evaluation in respect of the safety of places of production of agricultural products.
Article 21 The competent departments for agriculture and rural affairs of local people's governments at or above the county level shall, in conjunction with the ecology and environment departments, natural resources departments and other departments at the same level, follow the requirements for ensuring the quality and safety of agricultural products and propose suggestions on defining areas where production of specific agricultural products is prohibited, in accordance with laws and regulations on prevention and control of soil pollution, based on the characteristics of agricultural products and the results of investigation, monitoring and evaluation of the safety of production places, and such suggestions will be implemented upon approval by the people's governments at the same level.
No entity or individual may grow, breed, fish or collect specific agricultural products or establish specific agricultural product production bases in the prohibited production areas of specific agricultural products.
The specific measures for the definition and management of the prohibited production areas of specific agricultural products shall be formulated by the competent department for agriculture and rural affairs under the State Council in consultation with the ecology and environment department, natural resources department and other departments under the State Council.
Article 22 No entity or individual may, in violation of relevant environmental protection laws and regulations, discharge or dump wastewater, waste gas, solid waste or other toxic and harmful substances to the places of production of agricultural products.
Water used for agricultural production and solid waste used as fertilizers shall be in conformity with requirements of laws, regulations and the mandatory standards set by the State.
Article 23 Producers of agricultural products shall scientifically and rationally use agricultural inputs such as pesticides, veterinary drugs, fertilizers, and agricultural films to prevent pollution to the places of production of agricultural products.
Producers, distributors and users of agricultural inputs such as pesticides, fertilizers, and agricultural films shall recycle and properly dispose of packaging and waste in accordance with pertinent provisions of the State.
Article 24 The people's governments at or above the county level shall take measures to strengthen the construction of agricultural product bases, promote the demonstration construction of agricultural standardization, and improve the production conditions of agricultural products.
Chapter IV Production of Agricultural Products
Article 25 The competent departments for agriculture and rural affairs of the local people's governments at or above the county level shall, based on the local conditions, lay down technical requirements and operating rules for production to ensure the quality and safety of agricultural products, and enhance the training and guidance for producers and distributors of agricultural products.
Agricultural technology promotion institutions shall strengthen the training on quality and safety knowledge and skills for producers and distributors of agricultural products.
......