The agricultural quality security act of the people's republic of china (hereinafter referred to as the agricultural quality security act) has been in force since 1 january 2023. This is a major event in the area of agricultural quality security in our country. It is of great and far-reaching significance for improving the quality and safety of agricultural products, ensuring “security on the tip of the tongue” and meeting the needs of the people for a better life and contributing to the development of agricultural rural quality。
According to the newly revised agricultural quality security act, “agricultural products” are primary products derived from cultivation, forestry, livestock and fisheries, i. E. Plants, animals, micro-organisms and their products obtained in agricultural activities; and “agricultural products quality security” means agricultural products of quality that meet the standards of agricultural quality safety and meet the requirements of safeguarding human health and safety. The act applies to the production and management of agricultural products related to the quality of agricultural products。
In response to the most important points of concern to a wide range of agricultural producers, the agricultural quality control section prepared “ten questions and answers”。
Are farmers responsible for the quality of the produce they produce
One of the highlights of this revision is the inclusion of farmers in the legal framework and the full coverage of agricultural producers. The inclusion of farmers in the regulatory framework makes it clear that agricultural production enterprises, farmers ' professional cooperatives, farmers ' households are responsible for the quality of agricultural products they produce and operate, and that local governments are responsible for the quality of agricultural products in their own regions; strengthen the regulation of the storage chain and clarify the requirements for inspection, certification, etc., of the wholesale market for agricultural products, marketing enterprises, food producers, etc.; and provide for the quality security of producers of web platforms for marketing agricultural products and producers of cold chains for agricultural products, in response to new forms of marketing。
Ii. Are agricultural quality safety standards mandatory? What are the requirements
Article 16 of the agricultural quality security act provides that the state shall establish a system of sound agricultural quality safety standards to ensure strict enforcement. Agricultural quality safety standards are mandatory standards and include the following requirements related to agricultural quality security:
(i) quality requirements for agricultural inputs, scope of use, usage, quantity of use, safety interval and treatment periods
(ii) environmental, production process control, storage and transport requirements for agricultural produce
(iii) requirements such as indicators of key components of agricultural products
(iv) test protocols relating to the slaughter of animals
(v) other mandatory requirements related to quality security of agricultural products。
The food safety law of the people's republic of china regulates the relevant quality safety standards for the consumption of agricultural products, in accordance with its provisions。
Which agricultural products are not marketable? What are the consequences of violations
Article 36 of the agricultural quality security act provides that agricultural products may not be sold if:
(i) containing a pesticide, veterinary or other compound that is banned by the state;
(ii) noxious and hazardous substances such as pesticides, veterinary substances or heavy metals contained therein do not meet agricultural quality safety standards
(iii) contains pathogenic parasites, micro-organisms or biological toxins that do not meet agricultural product quality safety standards
(iv) failure to use, in accordance with national mandatory standards and other agricultural product quality safety requirements, such as preservatives, preservatives, additives, packaging materials, etc., or the use of protective agents, preservatives, additives, packaging materials, etc., does not meet national mandatory standards and other quality safety requirements
(v) animals and their products that have died of disease, poisoning or unknown cause of death
(vi) other cases of non-compliance with agricultural quality safety standards。
Agricultural products which are prohibited from sale under the preceding paragraph shall be disposed of in accordance with the provisions of law and regulations。
Article 70 of the law on the safety of the quality of agricultural products provides that agricultural producers shall not be guilty of any of the following acts: the competent agricultural and rural authorities of the local people's governments at the county level or above shall order the cessation of production operations, the recovery of agricultural products that have been sold, the rendering of harmless treatment or the supervision of the destruction of agricultural products that have been illegally produced, the confiscation of the illegal proceeds, and the confiscation of goods used for the illegal production of agricultural products, equipment, raw materials, etc.; if the value of the agricultural products that have been illegally produced is less than 10,000 yuan, they shall be fined between 100,000 and 150,000 yuan, and the value of the goods shall be fined between fifteen and thirty times; the agricultural households shall be fined between 1,000 and 10,000 yuan; and, in serious cases, the licence may be revoked and the competent and other persons directly responsible for the illegal production shall be detained for five to fifteen days:
(i) the use of state-prohibited agricultural inputs or other toxic and hazardous substances in agricultural production operations
(ii) sale of agricultural products containing pesticides, veterinary medicines or other compounds that are banned by the state
(iii) the sale of animals and their products whose deaths are caused by disease, poisoning or unknown causes。
If the agricultural producers are aware of the violations referred to in the preceding paragraph and are provided with premises for their production or other conditions, they shall be ordered by the agricultural and rural authorities of the local people's governments above the county level to cease the violations, to confiscate the proceeds of the violations and to impose a fine of between $100,000 and $200,000; if the legitimate interests of consumers are affected, they shall be jointly and severally liable to the agricultural producers。
Article 71 of the law on the safety of the quality of agricultural products provides that, in violation of the provisions of this law, an agricultural producer shall not be guilty of any of the following acts, which shall not yet constitute an offence, and shall be ordered by the competent agricultural and rural authorities of the local people's governments above the county level to cease production operations, to recover agricultural products that have been sold, to treat them harmlessly or to supervise the destruction of agricultural products that have been illegally produced, to confiscate the proceeds derived from them and to confiscate the goods used for illegal production operations, such as tools, equipment, raw materials, etc.; and shall be liable to a fine of between $50,000 and $100,000 for the value of the goods and a fine of 10 times and 20 times for the value of the goods, and to a fine of between $500 and $5,000 for the farmer:
(i) the sale of agricultural products containing toxic and hazardous substances such as pesticides, veterinary substances or heavy metals that do not meet quality safety standards for agricultural products
(ii) sale of agricultural products containing pathogenic parasites, micro-organisms or biological toxins that do not meet the quality safety standards for agricultural products
(iii) sale of other agricultural products that do not meet quality safety standards for agricultural products。
Agricultural production enterprises, farmers' professional cooperatives and agricultural social services organizations should establish agricultural production records and what are the requirements for such records? What are the consequences of failure to record as required
Article 27 of the agricultural quality security act requires that the following matters be properly recorded:
(i) the name, source, use, quantity and use of the agricultural input, and date of decommissioning
(ii) the occurrence and prevention of animal diseases, crop pests and diseases
(iii) the date of harvest, slaughter or fishing。
Records of agricultural production should be kept for at least two years. The forgery and falsification of agricultural production records is prohibited。
Other agricultural producers are encouraged to establish agricultural production records。
Article 69 of the agricultural quality security act stipulates that enterprises producing agricultural products, professional cooperatives of farmers and organizations providing services for the socialization of agriculture shall be ordered by the agricultural and rural authorities of the local people's governments at the county level and above to correct the agricultural production records, if they do not establish, maintain or forge a record of agricultural production in accordance with the provisions of the act, and shall be fined between two thousand and twenty thousand dollars if they fail to do so。
V. What are the requirements of the agricultural quality security act for a certificate of commitment to meet standards
The agricultural quality security act provides in article 38 that agricultural products that are destined for sale by enterprises producing agricultural products, professional cooperatives of farmers and establishments or individuals engaged in the purchase of agricultural products shall be packaged or accompanied by a certificate of conformity, as required, for sale only after packaging or marking. The packaging or marking shall indicate the name of the product, the place of origin, the producer, the date of production, the shelf life, the quality of the product, etc., in accordance with the provisions; if an additive is used, the name of the additive shall also be indicated in accordance with the provisions。
Article 39 of the agricultural quality security act stipulates that agricultural producers, farmers ' professional cooperatives shall implement laws, regulations and national standards on compulsory standards to ensure that agricultural products they sell conform to agricultural quality safety standards, and shall issue a certificate of conformity, based on quality safety control, test results, etc., and a commitment not to use banned pesticides, veterinary and other compounds and to use conventional pesticides, veterinary residues, etc. (c) to encourage and support farmers in the marketing of agricultural products by issuing certificates of conformity with the commitments. The laws and administrative regulations that specifically provide for quality certification of livestock products should comply with their requirements。
A unit or individual engaged in the acquisition of agricultural products shall, in accordance with the regulations, collect, preserve or sell the promised conformity certificate or other quality security certificate, and shall issue the promised conformity certificate in accordance with the regulations。
Wholesale markets for agricultural products should establish systems such as certification of compliance with the commitment to sound agricultural products。
Under article 73 of the agricultural quality security act, the agricultural and rural authorities of the local people's governments above the county level, in accordance with their responsibilities, give critical education and order correction within a period of time; in the event of delay, a fine of between one hundred and 1,000 yuan is imposed。
What are the specific provisions of the agricultural quality safety act with regard to the use of agricultural product quality markers
Agricultural quality markers include geographical indications of agricultural products, green foods, organic foods and non-hazardous agricultural products. Article 42 of the agricultural quality security act provides that agricultural products are of a quality that meets national standards for quality agricultural products and that agricultural producers may apply for the use of agricultural product quality markers. The fraudulent use of agricultural quality markers is prohibited. The state strengthens the protection and management of geo-labelled agricultural products。
Under article 74 of the agricultural quality security act, agricultural producers who use agricultural quality signs or sell agricultural products that are counterfeited are subject to corrective action by the rural and agricultural authorities of the local people's governments above the county level, in accordance with their responsibilities, to the confiscation of illegal gains; and those who produce goods whose value is less than $5,000 for illegal production and are fined between $5,000 and $50,000 for goods and between ten and twenty times for goods。
What provisions exist to prevent pollution of agricultural products? What's the corresponding penalty
Article 30 of the agricultural quality security act provides that agricultural production sites and facilities, equipment, disinfectants, detergents, etc. Used in production activities shall comply with national quality safety regulations to prevent contamination of agricultural products。
Article 35 of the agricultural quality security act provides that agricultural products used in packaging, preservation, storage, transport, preservatives, additives, packaging materials, etc., shall conform to national mandatory standards and other agricultural product quality safety requirements. Containers, tools and equipment for storage and transport of agricultural products should be safe and harmless. It is prohibited to store and transport agricultural products with toxic and hazardous substances in order to prevent their contamination。
Article 72 of the law on the safety of the quality of agricultural products provides that agricultural producers who, by order of the rural and agricultural authorities of the local people's governments above the county level, cease the production of agricultural products, recover agricultural products that have been sold, treat them in a non-hazardous manner or supervise them for destruction, confiscate the proceeds of illegal production, and may confiscate the goods used for illegal production, equipment, raw materials, etc.; if the value of agricultural products that have been illegally produced is less than $10,000, they shall be fined between $5,000 and $50,000 and the value of the goods shall be fined between five and ten times; and if they are farmers, they shall be fined between $300 and $300:
(i) facilities, equipment, disinfectants, detergents, etc. Used in agricultural production sites and production activities do not comply with national quality safety requirements
(ii) failure to use, in accordance with national mandatory standards or other agricultural product quality safety requirements, such as, for example, reservatives, preservatives, additives, packaging materials, etc., or the use of fresh materials, preservatives, additives, packaging materials, etc., does not meet national mandatory standards or other quality safety requirements
(iii) storage and transport of agricultural products with toxic and hazardous substances。
8. Article 21 of the agricultural quality security act stipulates that no unit or individual shall prohibit the cultivation, farming, fishing, gathering and establishment of a production base for specific agricultural products in specific areas. What's the corresponding penalty
Article 66 of the law on the quality and safety of agricultural products stipulates that, if the production of specific agricultural products is prohibited from growing, raising, fishing, collecting or establishing a production base for specific agricultural products, the competent agricultural and rural authorities of the local people's governments at the county level and above shall order the cessation of violations, the confiscation of agricultural products and illegal gains and the imposition of a fine of not less than twice and not more than three times the illegal gains。
9. No unit or individual shall discharge or dump wastewater, exhaust gas, solid waste or other toxic and harmful substances from agricultural production in violation of the provisions of the relevant environmental protection laws and regulations. What's the corresponding penalty
Article 66 of the law on the quality of agricultural products provides for the disposal and punishment of waste water, waste gas, solid waste or other toxic and hazardous substances that are released to agricultural production sites in violation of laws and regulations, in accordance with the provisions of the laws and regulations on environmental protection; and liability for damage caused。
X. What are the requirements for the construction of a quality management system for agricultural products by the main agricultural producers
Article 26 of the agricultural quality security act provides that agricultural production enterprises, farmers ' professional cooperatives, and agricultural social services organizations should strengthen the management of agricultural quality security。
Agricultural production enterprises should establish a system of quality management of agricultural products, staffed by skilled personnel, and, if they do not have the necessary equipment, they should commission personnel with specialized technical knowledge to provide guidance on the quality of agricultural products。
The state encourages and supports the establishment and implementation of a system of hazard analysis and key control points by agricultural production enterprises, farmers ' professional cooperatives, and agricultural social services organizations to implement good agricultural practices and improve the quality management of agricultural products。
Article 68 of the law on the quality of agricultural products provides that, in violation of the provisions of this law, enterprises producing agricultural products shall be ordered by the competent agricultural and rural authorities of the local people's governments above the county level to correct them within a period of time; if they fail to correct them, they shall be fined from $5,000 to $50,000:
(i) lack of a quality management system for agricultural products
(ii) not equipped with appropriate technical skills for quality management of agricultural products, nor commissioned personnel with specialized technical knowledge to provide guidance on quality of agricultural products。
