Effective January 1, the strongest soil protection law has come into force.

Release Date:

2019-01-02

Starting January 1 of this year, a large number of new laws and regulations will officially come into effect. Among them, the Soil Pollution Prevention and Control Law of the People’s Republic of China deserves close attention from every farmer and agricultural professional. Due to its hidden nature, delayed effects, and cumulative impacts, soil pollution control legislation lagged behind China’s earliest environmental protection law—the Water Pollution Prevention and Control Law of 1984—by 34 years. This landmark legislation took twelve years to draft, truly the result of ten years of painstaking effort. The enactment of this “strongest” soil protection law is not only aimed at safeguarding our land but also represents an essential step toward sustainable development and ensuring food safety. Stringent penalties for illegal activities are a key feature of this new legal framework.

Effective January 1 of this year, a substantial package of new laws and regulations will come into force. Among them, the Soil Pollution Prevention and Control Law of the People’s Republic of China deserves the attention of every farmer and agricultural professional. Due to its hidden nature, delayed effects, and cumulative impacts, soil pollution governance legislation lagged behind China’s earliest environmental‑protection law—the Water Pollution Prevention and Control Law of 1984—by 34 years. After twelve years of deliberation, this landmark statute can be described as the result of a decade-long effort. The enactment of this “strongest” soil‑protection law is not only aimed at safeguarding the land but also represents a crucial step toward sustainable development and ensuring food safety.

Imposing severe penalties for illegal activities is one of the most notable features of this round of soil pollution prevention and control legislation. Adopting stringent legal provisions also reflects the CPC Central Committee’s decision to safeguard the ecological environment through the strictest systems and the most rigorous rule of law. Moreover, this approach ensures consistency and coordination with existing laws, such as the Environmental Protection Law, the Air Pollution Prevention and Control Law, and the Water Pollution Prevention and Control Law. Given that it has been dubbed the “strongest” soil protection law, farmers are bound to encounter soil‑pollution issues in their agricultural practices, so they must pay close attention. So, exactly which agricultural activities will be subject to fines?

First, there is the improper handling of agricultural input waste. In recent years, many regions have been strengthening efforts to standardize the collection and disposal of agricultural input waste. For example, Huzhou City in Zhejiang Province has established a comprehensive system for waste collection, centralized management, and proper disposal, along with accountability mechanisms and an evaluation framework, thereby effectively safeguarding the agricultural ecological environment and ensuring the quality and safety of agricultural products. During agricultural production, excessive use of pesticides and chemical fertilizers can lead to frequent soil-borne diseases; in particular, packaging waste from these inputs is difficult to degrade naturally, resulting in soil contamination. Therefore, going forward, farmers must promptly turn in used fertilizer packaging and other such waste, as well as agricultural plastic mulch films, to designated institutions for environmentally sound treatment. Individuals who violate these regulations will face fines ranging from RMB 200 to RMB 2,000; business entities found in violation will be subject to fines between RMB 10,000 and RMB 100,000.

Second, the discharge of toxic and hazardous substances into agricultural land, For example, wastewater, sludge, and mining slag that exceed permissible limits for heavy metals or other harmful substances. Anyone who has farmed knows that once toxic or hazardous materials are discharged onto agricultural land, not only can the land no longer be used for cultivation, but any crops already growing on the contaminated soil will also perish. Therefore, such acts that harm the soil must be severely punished: at a minimum, fines of over RMB 100,000; in serious cases, detention may be imposed. Recently, Hunan Province issued a new set of guidelines on the discretionary powers for environmental protection administrative penalties, under which discharging wastewater containing toxic or hazardous substances exceeding regulatory limits onto agricultural land—when the resulting consequences are particularly severe—may incur fines of up to RMB 2 million.

Third, contaminated soil is used for land reclamation. Land reclamation is a beneficial practice that supports the sustainability of agricultural production. However, the use of soils contaminated by heavy metals, banned pesticides, household waste, and other pollutants for reclamation purposes is strictly prohibited; violations will incur fines of RMB 100,000 or more.

Soil pollution prevention and control is vital to food safety and the sustainable development of agriculture, affecting the interests of all people and future generations. It is imperative that every agricultural professional stay abreast of relevant laws and regulations and take them seriously; under no circumstances should one harbor a sense of complacency. Failure to do so may not only result in the revocation of land use rights but also expose individuals to substantial fines.

Source: AgroPages Chinese Website

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