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Agricultural Product Quality Safety Law of the People's Republic of China (2018 Amendment)

Date Issued: 10-26-2018 Effective Date: 10-26-2018

Agricultural Product Quality and Safety Law of the People's Republic of China (2022 Revision)

Date Issued: 09-02-2022 Effective Date: 01-01-2023
CHAPTER I General Provisions CHAPTER I General Provisions
Article 1 The present Law is formulated for the purpose of guaranteeing the quality safety of agricultural products, maintaining the health of the general public, and promoting the development of agriculture and rural economy. Article 1 This Law is enacted for the purposes of guaranteeing agricultural product quality and safety, maintaining the health of the general public, and promoting the development of agriculture and rural economy.
Article 2 The term agricultural products as mentioned in the present Law shall refer to primary products sourced from agriculture, i.e., the plants, animals, microbes and their products, which are obtained from agricultural activities.
The term agricultural product quality safety as mentioned in the present Law shall mean that the quality of an agricultural product meets the requirements for guaranteeing human health and safety.
Article 2 For the purpose of this Law, “agricultural products” means primary products sourced from planting, forestry, animal husbandry and fishery, among others, that is, the plants, animals, and microbes and their products which are obtained from agricultural activities.
For the purpose of this Law, “agricultural product quality and safety” means that the quality of an agricultural product reaches agricultural product quality and safety standards and meets the requirements for guaranteeing human health and safety.
Article 3 The administrative department of agriculture of the people's government at the county level or above shall take charge of the supervision over and inspection of agricultural product quality safety; while the relevant departments of the people's government at the county level or above shall, according to the division of their duties, take charge of the relevant work on agricultural product quality safety respectively. Article 6 The local people's governments at or above the county level shall be responsible for the agricultural product quality and safety work within their respective administrative regions, lead, organize, and coordinate in a unified manner the agricultural product quality and safety work within their respective administrative regions, establish and improve the agricultural product quality and safety working mechanisms, and improve the level of agricultural product quality and safety.
The local people's governments at or above the county level shall, in accordance with this Law and relevant provisions, determine the functions of supervision and administration of agricultural product quality and safety of agriculture and rural affairs departments, market regulatory departments and other relevant departments at the same level. All relevant departments shall, within the scope of their functions, be responsible for the supervision and administration of the quality and safety of agricultural products within their respective administrative regions.
The people's governments of towns and townships shall perform the responsibilities for the supervision and administration of agricultural product quality and safety, and assist the people's governments at higher levels and their relevant departments in effectively conducting the supervision and administration of agricultural product quality and safety.
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 provide funds of agricultural product quality safety for carrying out the work of agricultural product quality safety. Article 8 A people's government at or above the county level shall include the agricultural product quality and safety management work in the plan for national economic and social development at the same level, list the funds needed in the fiscal budgets at the same level, and strengthen the building of agricultural product quality and safety supervision and administration capabilities.
Article 5 The local people's government at the county level or above shall uniformly lead and coordinate the work of agricultural product quality safety within its own jurisdiction, take measures to establish and improve an agricultural product quality safety service system, and improve the level of agricultural product quality safety. Article 6 The local people's governments at or above the county level shall be responsible for the agricultural product quality and safety work within their respective administrative regions, lead, organize, and coordinate in a unified manner the agricultural product quality and safety work within their respective administrative regions, establish and improve the agricultural product quality and safety working mechanisms, and improve the level of agricultural product quality and safety.
The local people's governments at or above the county level shall, in accordance with this Law and relevant provisions, determine the functions of supervision and administration of agricultural product quality and safety of agriculture and rural affairs departments, market regulatory departments and other relevant departments at the same level. All relevant departments shall, within the scope of their functions, be responsible for the supervision and administration of the quality and safety of agricultural products within their respective administrative regions.
The people's governments of towns and townships shall perform the responsibilities for the supervision and administration of agricultural product quality and safety, and assist the people's governments at higher levels and their relevant departments in effectively conducting the supervision and administration of agricultural product quality and safety.
Article 6 The administrative department of agriculture of the State Council shall establish an agricultural product quality safety risk evaluation experts' committee composed of experts in relevant areas, so as to make risk analysis and evaluation on the potential harms which might affect the agricultural product quality safety.
The administrative department of agriculture of the State Council shall take commensurate administrative measures according to the results of agricultural product quality safety risk evaluation, and timely circularize the results of agricultural product quality safety risk evaluation to the relevant departments of the State Council.
Article 14 The state shall establish an agricultural product quality and safety risk assessment system.
The agriculture and rural affairs department of the State Council shall form an agricultural product quality and safety risk assessment expert committee to conduct risk analysis and assessment of potential hazards that may affect agricultural product quality and safety. If the health, market regulatory or any other department of the State Council finds that it is necessary to conduct a quality and safety risk assessment of agricultural products, it shall recommend the risk assessment to the agriculture and rural affairs department of the State Council.
The agricultural product quality and safety risk assessment expert committee shall consist of experts in agriculture, food, nutrition, biology, environment, medical science, chemical industry and other fields.
Article 7 The administrative department of agriculture of the State Council and the administrative department of agriculture of the people's government of each province, autonomous region, or municipality directly under the Central Government shall, within the scope of their respective powers and duties, publish relevant information on the situation of agricultural product quality safety.
Article 8 The state leads and extends 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 standards prescribed by the state. Article 9 The state shall guide and promote the standardized production of agricultural products, encourage and support the production of green and quality agricultural products, and prohibit the production and sale of agricultural products that do not meet the agricultural product quality and safety standards as 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 extends advanced and safe production technologies. Article 10 The state shall support scientific and technological research on agricultural product quality and safety, promote and implement scientific quality and safety management methods, and promote advanced and safe production technologies. The state shall strengthen international exchanges and cooperation in the science and technology on agricultural product quality and safety.
Article 10 The people's government at each level and the relevant departments shall strengthen the propaganda of the knowledge on agricultural product quality safety, improve the general public's consciousness of agricultural product quality safety, lead producers or sellers of agricultural products to strengthen quality safety management, and guarantee the safety of agricultural product consumption. Article 11 The people's governments at all levels and relevant departments shall strengthen the publicity of agricultural product quality and safety knowledge, maximize the strengths and roles of basic-level autonomous mass organizations and rural collective economic organizations, direct agricultural product producers and traders to strengthen quality and safety management, and ensure the safety of agricultural product consumption.
News media shall publicize agricultural product quality and safety laws and regulations and knowledge for the public good, and conduct supervision over violations of laws through public opinions. News reports on agricultural product quality and safety shall be true and impartial.
CHAPTER II Agricultural Product Quality Safety Standards CHAPTER II Agricultural Product Quality and Safety Risk Management and Standard Development
Article 11 The state establishes and improves a system of agricultural product quality safety standards. The agricultural product quality safety standards shall be compulsory technical norms.
The agricultural product quality safety standards shall be made and promulgated in accordance with relevant laws and administrative regulations.
Article 16 The state shall establish and improve the agricultural product quality and safety standard system and ensure the strict implementation thereof. Agricultural product quality and safety standards are standards for compulsory execution, including the following requirements related to agricultural product quality and safety:
(1) Provisions on quality requirements, range of application, usage, dosages, and interval or withdrawal period for the safe use of agricultural inputs.
(2) Requirements for the environment of places of origin of agricultural products, production process management and control, storage, and transportation.
(3) Requirements for key ingredient indicators of agricultural products, among others.
(4) Inspection procedures for slaughtered livestock and poultry.
(5) Other compulsory requirements related to agricultural product quality and safety.
Where the relevant quality and safety standards for edible agricultural products are provided for in the Food Safety Law of the People's Republic of China, such provisions shall prevail.

      Article 17 The development and release of agricultural product quality and safety standards shall be governed by the provisions of laws and administrative regulations.
Agricultural product quality and safety standards shall be developed by taking into full account the agricultural product quality and safety risk assessment results, and opinions shall be solicited from agricultural products and traders, consumers, relevant departments, and industry associations, among others, to ensure consumption safety of agricultural products.
Article 12 To make the agricultural product quality safety standards, the department concerned shall take the results of agricultural product quality safety risk evaluation into full consideration, and listen to the opinions of producers, sellers and consumers of agricultural products, so as to guarantee the consumption safety. Article 17 The development and release of agricultural product quality and safety standards shall be governed by the provisions of laws and administrative regulations.
Agricultural product quality and safety standards shall be developed by taking into full account the agricultural product quality and safety risk assessment results, and opinions shall be solicited from agricultural products and traders, consumers, relevant departments, and industry associations, among others, to ensure consumption safety of agricultural products.
Article 13 The agricultural product quality safety standards shall be amended in time on the basis of the scientific and technological development level and the needs in agricultural product quality safety. Article 18 Agricultural product quality and safety standards shall be revised in a timely manner according to the level of scientific and technological development and the needs for agricultural product quality and safety.
Article 14 The responsibility to organize the implementation of agricultural product quality safety standards shall remain with the administrative department of agriculture in consultation with other relevant departments. Article 19 The implementation of agricultural product quality and safety standards shall be advanced by the agriculture and rural affairs departments in consultation with relevant departments.
CHAPTER III Places of Origin of Agricultural Products CHAPTER III Places of Origin of Agricultural Products
Article 15 The administrative department of agriculture of a local people's government at the county level or above shall, as per the requirements of agricultural product quality safety, as well as according to the factors such as variety characters of the agricultural products, and the toxic and harmful substances in the atmosphere, soil and water body of the production area, propose areas prohibited 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 present level. The power to formulate specific measures shall remain with the administrative department of agriculture of the State Council in consultation with the competent department of ecology and environment of the State Council.
The adjustment of areas prohibited from production of agricultural products shall be in compliance with the procedures prescribed in the preceding paragraph.
Article 21 The agriculture and rural affairs departments of the local people's governments at or above the county level shall, in conjunction with the ecology and environment, natural resources and other departments at the same level, and according to the requirements for guaranteeing agricultural product quality and safety and the variety characteristics of agricultural products and the results of the investigation, monitoring and evaluation of the safety of places of origin of agricultural products, make proposals for demarcating areas prohibited from production of specific agricultural products in accordance with laws and regulations on soil pollution prevention and control, and implement such proposals after they are approved by the people's governments at the same level.
No entity or individual may plant, breed, fish, or collect specific agricultural products or establish specific agricultural product production bases within areas prohibited from production of specific agricultural products.
The specific measures for the demarcation and administration of the areas prohibited from production of specific agricultural products shall be developed by the agriculture and rural affairs department of the State Council in consultation with the ecology and environment, natural resources and other departments of the State Council.
Article 16 The people's government at the county level or above shall take measures to strengthen the construction of agricultural product bases, and improve the conditions for production of agricultural products.
The administrative department of agriculture of the people's government at the county level or above shall take measures to propel the construction of comprehensive demonstration areas for standardized production, demonstration farms, breeding areas, and areas without prescribed epidemic animal or plant diseases, which may guarantee the agricultural product quality safety.
Article 24 The people's governments at or above the county level shall take measures to strengthen the construction of agricultural product bases, promote agricultural standardization demonstration construction, and improve the conditions for production of agricultural products.
Article 17 It is prohibited to produce, fish or collect edible agricultural products or to build up bases for production of agricultural products in the areas where the toxic and harmful substances exceed the prescribed standards. Article 21 The agriculture and rural affairs departments of the local people's governments at or above the county level shall, in conjunction with the ecology and environment, natural resources and other departments at the same level, and according to the requirements for guaranteeing agricultural product quality and safety and the variety characteristics of agricultural products and the results of the investigation, monitoring and evaluation of the safety of places of origin of agricultural products, make proposals for demarcating areas prohibited from production of specific agricultural products in accordance with laws and regulations on soil pollution prevention and control, and implement such proposals after they are approved by the people's governments at the same level.
No entity or individual may plant, breed, fish, or collect specific agricultural products or establish specific agricultural product production bases within areas prohibited from production of specific agricultural products.
The specific measures for the demarcation and administration of the areas prohibited from production of specific agricultural products shall be developed by the agriculture and rural affairs department of the State Council in consultation with the ecology and environment, natural resources and other departments of the State Council.
Article 18 It is prohibited to violate any law or regulation to discharge or dump waste water, waste gas, solid wastes or other toxic and harmful substances to a place of origin of agricultural products.
The water used for agricultural production and the solid wastes used as fertilizers shall meet the standards prescribed by the state.
Article 22 No entity or individual may discharge or dump waste water, waste gas, solid wastes or other toxic and hazardous substances to a place of origin of agricultural products in violation of relevant environmental protection laws and regulations.
The water used for agricultural production and the solid wastes used as fertilizers shall comply with laws and regulations and meet the requirements of the relevant national compulsory standards.
Article 19 A producer of agricultural products shall use chemical products such as chemical fertilizers, pesticides, veterinary drugs and agricultural films, etc. in a reasonable way, and prevent such chemical products from polluting the place of origin of agricultural products. Article 23 A producer of agricultural products shall use agricultural inputs such as pesticides, veterinary medicines, fertilizers, and agricultural films in a scientific and reasonable manner to prevent pollution to the places of origin of agricultural products.
Producers, traders and users of agricultural inputs such as pesticides, fertilizers and agricultural films shall recycle and properly dispose of packaging and wastes in accordance with relevant provisions issued by the state.
CHAPTER IV Production of Agricultural Products CHAPTER IV Production of Agricultural Products
Article 20 The administrative department of agriculture of the State Council and the administrative department of agriculture of the people's government of each province, autonomous region, or municipality directly under the Central Government shall formulate the requirements on production technologies and operational rules which guarantee the agricultural product quality safety. The administrative department of agriculture of each people's government at the county level or above shall strengthen its guidance to the production of agricultural products. Article 25 The agriculture and rural affairs department of a local people's government at or above the county level shall, in light of actual local circumstances, develop the requirements on production technologies and operational rules which guarantee agricultural product quality and safety, and strengthen the trainings and guidance of agricultural product producers and traders.
Agricultural technology promotion institutions shall strengthen the trainings of agricultural product producers and traders on quality and safety knowledge and skills. The state shall encourage scientific research and educational institutions to conduct agricultural product quality and safety trainings.
Article 21 A license system shall be applied to the pesticides, veterinary drugs, feeds and feed additives, fertilizers, and veterinary devices, which might affect the agricultural product quality safety, in accordance with relevant laws and administrative regulations.
The administrative department of agriculture of the State Council and the administrative department of agriculture of the people's government of each province, autonomous region, or municipality directly under the Central Government shall, by sampling at regular intervals, supervise the agricultural input products such as pesticides, veterinary drugs, feeds and feed additives, and fertilizers, which might endanger the agricultural product quality safety, and shall publish the results of sampling.
Article 28 The pesticides, veterinary medicines, feeds and feed additives, fertilizers, and veterinary apparatus that may affect agricultural product quality and safety shall be subject to the licensing system in accordance with relevant laws and administrative regulations.
The agriculture and rural affairs departments of the people's governments at or above the provincial level shall conduct random supervisory inspections of the pesticides, veterinary medicines, feeds and feed additives, fertilizers, and other agricultural inputs that may endanger agricultural product quality and safety on a regular or irregular basis, and publish the results of random inspections.
Traders of pesticides and veterinary medicines shall establish sales ledgers in accordance with relevant laws and administrative regulations to record purchasers, the dates of sales, and the scope of drug application, among others.
Article 22 The administrative department of agriculture of the people's government at the county level or above shall strengthen its administration of and guidance to the use of agricultural input products, as well as establish and improve a system for safe use of agricultural input products. Article 31 The agriculture and rural affairs departments of the people's governments at or above the county level shall strengthen the supervision and administration of and guidance on the use of agricultural inputs, establish and improve the rules for the safe use of agricultural inputs, promote the technologies for the scientific use of agricultural inputs, and popularize the safe and eco-friendly agricultural inputs.
Article 23 Agricultural scientific research and educational institutions, and agricultural technology extension institutions shall strengthen their trainings on quality safety knowledge and skills for producers of agricultural products. Article 25 The agriculture and rural affairs department of a local people's government at or above the county level shall, in light of actual local circumstances, develop the requirements on production technologies and operational rules which guarantee agricultural product quality and safety, and strengthen the trainings and guidance of agricultural product producers and traders.
Agricultural technology promotion institutions shall strengthen the trainings of agricultural product producers and traders on quality and safety knowledge and skills. The state shall encourage scientific research and educational institutions to conduct agricultural product quality and safety trainings.
Article 24 An enterprise engaging in production of agricultural products or a professional peasant cooperative economic organization shall establish records on production of agricultural products, and truthfully record the following particulars:
(1) the name, source, usage, dosage of the agricultural input product in use, date of using it, and the date of stopping using it;
(2) the information on occurrence, prevention and control of animal epidemic diseases, pests and weeds of turf grass; and
(3) the date of harvest, slaughter or fishing.
The records on production of agricultural products shall be preserved for two years. It is prohibited to forge records on production of agricultural products.
The state encourages other producers of agricultural products to establish records on production of agricultural products.
Article 27 Agricultural product production enterprises, specialized farmers' cooperatives, and socialized agricultural service organizations shall establish records on the production of agricultural products to faithfully record the following matters:
(1) The names, sources, usage, and dosage of agricultural inputs used and dates of using and stopping using such agricultural inputs.
(2) The occurrence and prevention and control of animal epidemic diseases, crop diseases and insect pests.
(3) The dates of harvest, slaughter or fishing.
Records on the production of agricultural products shall be preserved for at least two years. It is prohibited to forge or alter records on the production of agricultural products.
The state shall encourage other producers of agricultural products to establish records on the production of agricultural products.
Article 25 A producer of agricultural products shall, in accordance with the laws, administrative regulations, and provisions of the administrative department of agriculture of the State Council, reasonably use the agricultural input products, strictly implement the provisions on safe intervals or withdrawal period for using agricultural input products, so as to prevent the agricultural input products from endangering the agricultural product quality safety.
It is prohibited to, in the process of producing agricultural products, use any agricultural input product explicitly prohibited by the state from being used.
Article 29 Agricultural product producers and traders shall, in accordance with laws, administrative regulations and relevant national compulsory standards and the provisions issued by the agriculture and rural affairs department of the State Council, use pesticides, veterinary medicines, feeds and feed additives, fertilizers and other agricultural inputs in a scientific and reasonable manner, and strictly implement the provisions on the interval or withdrawal period for the safe use of agricultural inputs; and shall not use agricultural inputs in excess of scope or dosage to endanger agricultural product quality and safety.
It is prohibited to use agricultural inputs and other toxic and hazardous substances prohibited by the state from being used in the process of production of and trade in agricultural products.
Article 26 An enterprise engaging in production of agricultural products or a professional peasant cooperative economic organization shall test the agricultural product quality safety either by itself or by entrusting a test institution. Any agricultural product which is found from the test to fail to meet the agricultural product quality safety standards shall not be sold. Article 34 The agricultural products sold shall meet the quality and safety standards for agricultural products.
Agricultural product production enterprises and specialized farmers' cooperatives shall, according to quality and safety control requirements, test by themselves or authorize testing institutions to test agricultural product quality and safety; and the products that fail to meet agricultural product quality and safety standards upon testing shall be subject to management and control measures in a timely manner, and shall not be sold.
Agricultural technology promotion and other institutions shall provide farmer households and other agricultural product producers and traders with agricultural product testing technical services.
Article 27 A professional peasant cooperative economic organization or an agricultural products industry association shall timely provide its members with production technology services, establish agricultural product quality safety management rules, improve the agricultural product quality safety control system, and strengthen self-disciplinary management. Article 12 Specialized farmers' cooperatives and agricultural products industry associations, among others, shall provide their members with production technical services in a timely manner, establish agricultural product quality and safety management rules, improve agricultural product quality and safety control system, and strengthen self-regulatory management.
CHAPTER V Packages and Marks of Agricultural Products
Article 28 Where the agricultural products sold by an enterprise engaging in production of agricultural products, by a professional peasant cooperative economic organization, by an entity engaging in purchase of agricultural products or by an individual are required by relevant provisions to be packed or be attached with marks, they may not be sold until they have been packed or attached with marks. The packages or marks shall, according to the provisions, indicate the product name, place of origin, producer, date of production, quality guaranty period, product quality grade, etc.; if any additive is used, the name of the additive shall also be indicated according to the provisions. The power to formulate specific measures shall remain with the administrative department of agriculture of the State Council. Article 38 The agricultural products sold by agricultural product production enterprises, specialized farmers' cooperatives, and entities or individuals engaging in purchase of agricultural products shall be packaged or have commitment-based conformity certificates or other labels attached as required, and may not be sold until they are packaged or have labels attached. Product names, places of origin, producers, dates of production, shelf lives and quality grades of products and other content shall be indicated on packages or labels as required. Where additives are used, names of additives shall be also indicated as required. The specific measures shall be developed by the agriculture and rural affairs department of the State Council.
Article 29 The materials used in package, preservation, storage and transport of agricultural products, such as preservatives, antiseptics and additives, etc. shall meet the relevant compulsory technical norms of the state. Article 35 The anti-staling agents, preservatives, additives, and packaging materials, among others, used in the packaging, fresh-keeping, storage, and transportation of agricultural products shall comply with relevant national compulsory standards and other provisions on agricultural product quality and safety.
Containers, tools, and equipment for storing and transporting agricultural products shall be safe and innocuous. Agricultural products may not be stored or transported together with toxic or hazardous substances to prevent pollution to agricultural products.
Article 30 The agricultural products which belong to agricultural genetically modified organisms shall be marked in accordance with the relevant provisions on the administration of the safety of agricultural genetically modified organisms. Article 43 Agricultural products which are within the scope of agricultural genetically modified organisms shall be marked in accordance with the relevant provisions on the administration of the safety of agricultural genetically modified organisms.
Article 31 The animals and plants required by the law to be subject to quarantine, as well as their products, shall be attached with quarantine marks of conformity and quarantine certificates of conformity. Article 44 Quarantine marks and quarantine certificates shall be attached to animals and plants required by the law to be subject to quarantine as well as their products.
Article 32 The on-sale agricultural products must meet the agricultural product quality safety standards, and the producer may apply for using nuisance-free marks of agricultural products. If the quality of the agricultural products meets the standards prescribed by the state for relevant high-quality agricultural products, the producer may apply for using commensurate quality marks of agricultural products.
It is prohibited to imitate the quality marks of agricultural products as prescribed in the preceding paragraph.
Article 42 Where the quality of agricultural products meets relevant standards for high-quality agricultural products as prescribed by the state, agricultural product producers and traders may apply for using agricultural product quality marks. It is prohibited to fraudulently use agricultural product quality marks.
The state shall strengthen the protection and administration of geographical indication agricultural products.
CHAPTER VI Supervision and Inspection CHAPTER VI Supervision and Administration
Article 33 An agricultural product under any of the following circumstances shall not be sold:
(1) It contains any pesticide, veterinary drug or other chemical substance prohibited by the state from being used;
(2) The toxic and harmful substance such as the remnant of the pesticide, veterinary drug or other chemical substance, or the contained heavy metal, etc. does not meet the agricultural product quality safety standards;
(3) The contained pathogenic parasites, microorganisms or biological toxin does not meet the agricultural product quality safety standards;
(4) The material in use such as the preservative, antiseptic or additive, etc. does not meet the relevant compulsory technical norms of the state; or
(5) Other circumstances under which it does not meet the agricultural product quality safety standards.
Article 36 Agricultural products that fall under any of the following circumstances shall not be sold:
(1) They contain any pesticides, veterinary medicines or any other chemical compounds prohibited by the state from being used.
(2) Pesticide, veterinary medicines or other chemical substance residues or the contained heavy metal or other toxic and hazardous substances do not meet agricultural product quality and safety standards.
(3) The pathogenic parasites, microorganisms or biological toxins contained do not meet agricultural product quality and safety standards.
(4) Anti-staling agents, preservatives, additives, and packaging materials, among others, fail to be used according to relevant national compulsory standards or other provisions on agricultural product quality and safety, or the anti-staling agents, preservatives, additives, or packaging materials, among others, used fail to meet relevant national compulsory standards or other quality and safety provisions.
(5) They are animals that died from disease, poisoning, or unknown causes or the products made thereof.
(6) They otherwise fail to meet the quality and safety standards for agricultural products.
The agricultural products that shall not be sold as prescribed by the preceding paragraph shall be disposed of in accordance with the provisions of laws and regulations.
Article 34 The state establishes an agricultural product quality safety monitoring system. The administrative department of agriculture of the people's government at the county level or above shall, as per the requirements for guaranteeing the agricultural product quality safety, make the agricultural product quality safety monitoring plan and organize the implementation thereof, and supervise the agricultural products under production or on sale in the market by sampling. The responsibility to promulgate the results of supervision by sampling shall remain with the administrative department of agriculture of the State Council or the administrative department of agriculture of the people's government of each province, autonomous region, or municipality directly under the Central Government upon scope of its powers.
For the sake of a supervisory test by sampling, the department concerned shall entrust an agricultural product quality safety test institution that meets the conditions in Article 35 of the present Law, but shall not charge any fee from the party subject to such a test, and the drawn samples shall not exceed the quantity prescribed by the administrative department of agriculture of the State Council. For the agricultural products which are subject to supervision of the administrative department of agriculture at the higher level by sampling, the administrative department of agriculture at the lower level shall not make the sampling repetitively.
Article 47 The agriculture and rural affairs departments of the people's governments at or above the county level shall establish and improve the random inspection mechanisms, and organize and conduct random supervisory inspections of agricultural product quality and safety according to the plans for random supervisory inspections.
Agricultural product quality and safety testing institutions that meet the conditions as prescribed in this Law shall be authorized to conduct random supervisory inspections and testing of agricultural product quality and safety. No fees for random supervisory inspections shall be charged to parties subject to random inspections, payments shall be made at the market prices for the samples taken, and the number of samples taken shall not exceed the quantity as prescribed by the agriculture and rural affairs department of the State Council.
The same batch of agricultural products that have been subject to random supervisory inspection by an agriculture and rural affairs department shall not be subject to any repeated random inspection by an agriculture and rural affairs department at a lower level.

      Article 13 The state shall establish a risk monitoring system for agricultural product quality and safety.
The agriculture and rural affairs department of the State Council shall develop the national agricultural product quality and safety risk monitoring plan, and conduct quality and safety risk monitoring of key agricultural product varieties in key areas. The agriculture and rural affairs departments of the people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government shall, according to the national agricultural product quality and safety risk monitoring plan and in light of actual circumstances of production of and trade in agricultural products within their respective administrative regions, develop the implementation plans for agricultural product quality and safety risk monitoring of their respective administrative regions, and file them with the agriculture and rural affairs department of the State Council. The agriculture and rural affairs departments of local people's governments at or above the county level shall be responsible for organizing the agricultural product quality and safety risk monitoring within their respective administrative regions.
After obtaining the relevant agricultural product quality and safety risk information, a market regulatory department or any other relevant department of a people's government at or above the county level shall immediately verify it and notify the agriculture and rural affairs department at the same level. The agriculture and rural affairs departments shall, after being notified, report it in a timely manner. The departments developing agricultural product quality and safety risk monitoring plans and implementation plans shall conduct research and analysis in a timely manner, and make adjustments when necessary.
Article 35 For the sake of an agricultural product quality safety test, the existing qualified test institutions shall be given full consideration of.
An institution engaging in agricultural product quality safety test must have commensurate conditions and capacities for test, and shall pass the assessment of the administrative department of agriculture of the people's government at the provincial level or above or its authorized department. The power to formulate specific measures shall remain with the administrative department of agriculture of the State Council.
An agricultural product quality safety test institution shall be found qualified from lawful metrological certification.
Article 48 For the sake of quality and safety testing of agricultural products, existing eligible testing institutions shall be given full consideration.
Institutions engaging in agricultural product quality and safety testing shall have the corresponding testing conditions and capabilities and have passed the assessment by agriculture and rural affairs departments of the people's governments at or above the provincial level or the departments authorized by them. The specific measures shall be developed by the agriculture and rural affairs department of the State Council.
Agricultural product quality and safety testing institutions shall be accredited in accordance with the law.
Article 36 Where a producer or seller of agricultural products has any objection to the result of a supervisory test by sampling, it may, within 5 days as of receipt of the test result, apply to the administrative department of agriculture that organizes the implementation of the agricultural product quality safety supervision by sampling or to the administrative department of agriculture at the higher level for a re-test.
If, when the speedy test method ascertained by the administrative department of agriculture of the State Council jointly with the relevant department is adopted for supervisory test of the agricultural product quality safety by sampling, the party subject to such a test has any objection to the test result, it may, within four hours as of receipt of the test result, apply for a re-test. The re-test shall not be made in a speedy method.
Where the testing entity causes any damage to a party concerned due to a wrong test result, it shall bear liabilities for compensation in accordance with the law.
Article 51 If an agricultural product producer or trader raises any objection to the result of any random supervisory inspection and testing, it may, within five working days from the date when it receives the testing result, apply for retesting to the agriculture and rural affairs department that conducts the random supervisory inspection of agricultural product quality and safety or the agriculture and rural affairs department at the next higher level. The retesting institution shall not be the one conducting the original inspection.
A party subject to random inspection that raises any objection to the result of any random supervisory inspection and testing of agricultural product quality and safety conducted in a rapid testing method may apply for retesting within four hours of receipt of the testing result. Retesting may not be conducted in a rapid testing method.
The retesting institution shall issue a testing report within seven working days from the date of receipt of the samples to be re-tested.
If any damage is caused to a party due to an error in the testing result, the testing institution shall be liable for compensation in accordance with the law.
Article 37 An agricultural product wholesale market shall establish or entrust an agricultural product quality safety test institution to test the quality safety of the inward agricultural products for sale by sampling; and shall, when finding any inconformity with the agricultural product quality safety standards, require the seller to immediately stop the sale, and report to the administrative department of agriculture.
An enterprise engaging in sale of agricultural products shall, with respect to the agricultural products it sells, establish and improve the rules on inspection and acceptance of purchased goods; any agricultural product which is found from the inspection to fail to meet the quality safety standards shall not be sold.
Article 37 An agricultural product wholesale market shall form or entrust a testing institution as required to conduct random testing of the status of quality and safety of agricultural products sold in the market; and if finding any agricultural product fails to meet the agricultural product quality and safety standards, require the seller to stop selling such product immediately, and report to the market regulatory department, agriculture and rural affairs department, and other relevant departments at the place where it is located.
Agricultural product sale enterprises shall establish and improve the final inspection system for the purchase of agricultural products they sell. Those failing to meet the agricultural product quality and safety standards upon inspection shall not be sold.
The food producers that purchase agricultural products and other food raw materials shall inspect the permits and conformity certification documents in accordance with the provisions of the Food Safety Law of the People's Republic of China, and conduct inspections as required if conformity certification documents cannot be provided.
Article 38 The state encourages entities and individuals to conduct public supervision over the agricultural product quality safety. Any entity or individual shall be entitled to reveal, expose or charge any act violating the present Law. The relevant department shall, after receipt of relevant revealment, exposure or charge, deal with the matter in time. Article 56 The state shall encourage consumers' associations and other entities or individuals to conduct social supervision over agricultural product quality and safety and put forward opinions and suggestions on the supervision and administration of agricultural product quality and safety. All entities and individuals shall have the right to file accusations, complaints and reports against violations of this Law.
The agriculture and rural affairs departments of the people's governments at or above the county level shall establish agricultural product quality and safety compliant and reporting rules, disclose to the public channels for filing complaints and reports, and handle complaints and reports in a timely manner after receiving them. Complaints and reports not within the scope of functions of these departments shall be transferred to the competent departments, and persons submitting such complaints and reports shall be notified in writing.
Article 39 The administrative department of agriculture of the people's government at the county level or above may, in its agricultural product quality safety supervision and inspection, make on-site inspections on the produced or on-sale agricultural products, investigate and know about the relevant information on agricultural product quality safety, consult and photocopy the records and other information relevant to agricultural product quality safety; and shall be entitled to seal up or distrain the agricultural products which are found from test to fail to meet the agricultural product quality safety standards. Article 53 Whoever conducts a supervisory inspection of agricultural product quality and safety shall have the power to take the following measures:
(1) Conducting on-site inspection by entering the production or trade premises to conduct investigation to obtain relevant information on agricultural product quality and safety.
(2) Consulting and copying records on the production of agricultural products, purchase and sales ledgers, and other materials related to agricultural product quality and safety.
(3) Conducting sampling testing of the agricultural products produced and traded, the agricultural inputs used and other relevant products.
(4) Seizing or impounding the agricultural products which, as evidenced, carry any potential agricultural product quality and safety hazards or do not meet agricultural product quality and safety standards upon testing.
(5) Seizing or impounding agricultural inputs and other toxic and hazardous substances which, as evidenced, may endanger agricultural product quality and safety or do not meet product quality standards upon testing.
(6) Seizing or impounding the facilities, equipment, places and means of transport used for the illegal production of and trade in agricultural products.
(7) Confiscating the forged quality marks of agricultural products.
Agricultural product producers and traders shall assist in and support and may not refuse to accept or obstruct supervisory inspections of agricultural product quality and safety.
Article 40 When an agricultural product quality safety accident occurs, the relevant entities and individuals shall take controlling measures, and timely report to the local people's government at the township level and the administrative department of agriculture of the people's government at the county level. The organ receiving the report shall timely deal with the accident and report to the people's government at the next higher level and other relevant departments. When a major agricultural product quality safety accident occurs, the administrative department of agriculture shall timely circularize it to the market regulatory department at the same level. Article 59 The agriculture and rural affairs department of the State Council shall, in conjunction with the relevant departments of the State Council, develop national agricultural product quality and safety emergency response plans which shall be compatible with national contingency plans for food safety accidents.
The local people's governments at or above the county level shall, in accordance with relevant laws and administrative regulations and the agricultural product quality and safety emergency response plans of the people's governments at higher levels, develop the agricultural product quality and safety emergency response plans within their respective administrative regions.
When agricultural product quality and safety accidents occur, relevant entities and individuals shall take control measures, and report to the local people's governments of towns and townships and the agriculture and rural affairs departments and other departments of the people's governments at the county level in a timely manner; and the authorities receiving reports shall handle such accidents in a timely manner based on the agricultural product quality and safety emergency response plans and report to the people's governments at the same level and the relevant departments of the people' governments at the higher level. Major agricultural product quality and safety accidents that occur shall be reported to the State Council and its relevant departments as required.
No entity or individual may conceal, make a false report of, or delay the reporting of any agricultural product quality or safety accident or conceal, forge or destroy the relevant evidence.
Article 41 Where the administrative department of agriculture of a people's government at the county level or above finds in its agricultural product quality safety supervision and administration that an agricultural product is under any of the circumstances enumerated in Article 33 of the present Law, it shall, as per the requirements of the system for investigation of liabilities concerning agricultural product quality safety, find out the liable person, and punish him in accordance with the law or propose punishment suggestions.
Article 42 An imported agricultural product must be subject to inspection under the agricultural product quality safety standards prescribed by the state. If the relevant agricultural product quality safety standards have not been made, the department concerned shall timely make them in accordance with the law, and may, before finishing making such standards, inspect the imported agricultural product by referring to the relevant foreign standards designated by the relevant department of the state.

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