Major News: The Full Text of the Law on the Quality and Safety of Agricultural Products Has Been Released

Release Date:

2022-09-07

BEIJING, Sept. 2 (Xinhua) —
　　Law of the People’s Republic of China on the Quality and Safety of Agricultural Products
　　(Adopted at the 21st Meeting of the Standing Committee of the Tenth National People’s Congress on April 29, 2006; amended in accordance with the Decision on Amending the Wildlife Protection Law of the People’s Republic of China and Fifteen Other Laws, adopted at the 6th Meeting of the Standing Committee of the 13th National People’s Congress on October 26, 2018; revised at the 36th Meeting of the Standing Committee of the 13th National People’s Congress on September 2, 2022)
　　The full text is as follows:
　　Table of Contents
　　Chapter I General Provisions
　　Chapter 2: Risk Management and Standard-Setting for Agricultural Product Quality and Safety
　　Chapter 3: Origins of Agricultural Products
　　Chapter 4: Agricultural Production
　　Chapter 5: Agricultural Product Sales
　　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, safeguard public health, and promote the development of agriculture and the rural economy.
　　Article 2: For the purposes of this Law, “agricultural products” refer to those originating from crop cultivation, forestry, Animal husbandry Primary products from sectors such as agriculture and fisheries—namely, plants, animals, microorganisms, and their derived products obtained through agricultural activities.
　　For the purposes of this Law, “agricultural product quality and safety” refers to the condition in which the quality of agricultural products meets the relevant quality and safety standards and complies with requirements for safeguarding human health and safety.
　　Article 3 This Law shall apply to the production and marketing of agricultural products, as well as to the supervision and administration thereof, insofar as they are related to the quality and safety of agricultural products.
　　Where the Food Safety Law of the People’s Republic of China has already laid down provisions regarding the market sale of food agricultural products, the formulation of relevant quality and safety standards, the publication of relevant safety information, and agricultural inputs, such provisions shall be observed.
　　Article 4: The State shall strengthen work on the quality and safety of agricultural products, implement source‑based governance, risk management, and full‑process control, establish a scientific and rigorous system of supervision and administration, and build a collaborative and efficient system of social co‑governance.
　　Article 5: The agricultural and rural affairs department and the market supervision and administration department under the State Council shall, in accordance with this Law and their respective duties, exercise oversight and administration over the quality and safety of agricultural products.
　　Other relevant departments of the State Council shall, in accordance with this Law and their respective duties, undertake work related to the quality and safety of agricultural products.
　　Article 6: People’s governments at or above the county level shall be responsible for the work of ensuring the quality and safety of agricultural products within their administrative areas; they shall provide unified leadership, organization, and coordination of such work, establish and improve mechanisms for ensuring the quality and safety of agricultural products, and enhance the overall level of quality and safety in this field.
　　Local people’s governments at or above the county level shall, in accordance with this Law and relevant provisions, delineate the responsibilities of their respective agricultural and rural affairs authorities, market supervision and administration departments, and other relevant departments with respect to the supervision and management of agricultural product quality and safety. Each relevant department shall, within the scope of its duties, be responsible for the supervision and management of agricultural product quality and safety within its administrative area.
　　The people’s governments of townships and towns shall implement their responsibilities for the supervision and administration of agricultural product quality and safety, and assist the higher-level people’s governments and their relevant departments in carrying out such work.
　　Article 7: Agricultural product producers and operators shall be responsible for the quality and safety of the agricultural products they produce and market.
　　Producers and operators of agricultural products shall conduct their production and business activities in accordance with laws, regulations, and agricultural product quality and safety standards; act with integrity and self-discipline; accept social oversight; and assume social responsibility.
　　Article 8: People’s governments at or above the county level shall incorporate the work of ensuring the quality and safety of agricultural products into their respective national economic and social development plans, allocate the necessary funds in their respective budgets, and strengthen capacity-building for the supervision and administration of agricultural product quality and safety.
　　Article 9: The State shall guide and promote standardized production of agricultural products, encourage and support the production of green, high-quality agricultural products, and prohibit the production and sale of agricultural products that do not comply with the national standards for agricultural product quality and safety.
　　Article 10: The State shall support scientific and technological research on the quality and safety of agricultural products, promote scientific methods for quality and safety management, and disseminate advanced and safe production technologies. The State shall strengthen international exchanges and cooperation in the field of agricultural product quality and safety science and technology.
　　Article 11: People’s governments at all levels and relevant departments shall strengthen public awareness-raising on the quality and safety of agricultural products, leverage the strengths and roles of grassroots mass self-governance organizations and rural collective economic organizations, guide agricultural producers and operators to enhance quality and safety management, and ensure the safety of agricultural product consumption.
　　News media shall conduct public-interest campaigns to promote laws and regulations on the quality and safety of agricultural products, as well as related knowledge, and exercise public oversight over unlawful acts. Any publicity or reporting concerning the quality and safety of agricultural products shall be truthful and impartial.
　　Article 12: Farmer specialized cooperatives and agricultural product industry associations, among others, shall promptly provide production-related technical services to their members, establish systems for the management of agricultural product quality and safety, improve the agricultural product quality and safety control system, and strengthen self-regulatory management.
　　Chapter 2: Risk Management and Standard-Setting for Agricultural Product Quality and Safety
　　Article 13 The State shall establish a system for monitoring risks to the quality and safety of agricultural products.
　　The agricultural and rural affairs department under the State Council shall formulate a national risk-monitoring plan for the quality and safety of agricultural products and conduct risk monitoring on key regions and priority product categories. The agricultural and rural affairs departments of the people’s governments of provinces, autonomous regions, and municipalities directly under the central government shall, in accordance with the national risk-monitoring plan and taking into account the actual conditions of agricultural production and marketing within their respective administrative areas, develop implementation plans for risk monitoring of agricultural product quality and safety specific to their jurisdictions, and submit these plans for record with the agricultural and rural affairs department under the State Council. The agricultural and rural affairs departments of local people’s governments at or above the county level are responsible for organizing and implementing risk monitoring of agricultural product quality and safety within their respective administrative areas.
　　Upon receiving information on risks to the quality and safety of agricultural products, the market supervision and administration departments of people’s governments at or above the county level, together with other relevant departments, shall promptly verify such information and notify the competent agricultural and rural affairs department at the same level. The agricultural and rural affairs department receiving the notification shall report it without delay. The departments responsible for formulating risk monitoring plans and implementation schemes for agricultural product quality and safety shall conduct timely research and analysis and make adjustments as necessary.
　　Article 14 The State shall establish a risk assessment system for the quality and safety of agricultural products.
　　The agricultural and rural affairs department under the State Council shall establish a committee of experts on risk assessment for the quality and safety of agricultural products, which shall conduct risk analysis and assessment of potential hazards that may affect such quality and safety. Where the departments of health and health administration, market supervision and administration, and other relevant agencies under the State Council identify the need to carry out a risk assessment of the quality and safety of agricultural products, they shall submit a recommendation for such an assessment to the agricultural and rural affairs department under the State Council.
　　The Expert Committee on Risk Assessment of Agricultural Product Quality and Safety is composed of specialists from fields including agriculture, food science, nutrition, biology, environmental science, medicine, and chemical engineering.
　　Article 15: The agricultural and rural affairs department under the State Council shall, based on the results of monitoring and risk assessment of agricultural product quality and safety, adopt appropriate administrative measures, and promptly notify the State Council’s departments responsible for market supervision and administration and health, as well as the agricultural and rural affairs departments of the relevant provinces, autonomous regions, and municipalities directly under the central government, of such monitoring and risk assessment results.
　　When carrying out risk monitoring and risk assessment for the quality and safety of agricultural products, the agricultural and rural affairs authorities of people’s governments at or above the county level may, as necessary, enter agricultural production sites, storage facilities, and wholesale and retail markets. Fees for sample collection shall be paid at market prices.
　　Article 16 The State shall establish and improve a system of quality and safety standards for agricultural products to ensure their strict implementation. Such standards are mandatory and encompass the following requirements related to the quality and safety of agricultural products:
　　(1) Requirements for the quality of agricultural inputs, as well as provisions regarding their scope of use, methods of application, application rates, pre-harvest intervals, and withdrawal periods;
　　(2) Requirements for the environmental conditions of agricultural product production sites, control of production processes, storage, and transportation;
　　(3) Requirements for key component indicators of agricultural products, etc.;
　　(4) Inspection procedures related to the slaughter of livestock and poultry;
　　(5) Other mandatory requirements related to the quality and safety of agricultural products.
　　Where the Food Safety Law of the People’s Republic of China lays down relevant quality and safety standards for food agricultural products, such provisions shall be applied.
　　Article 17: The formulation and promulgation of agricultural product quality and safety standards shall be carried out in accordance with the provisions of laws and administrative regulations.
　　The formulation of quality and safety standards for agricultural products shall give full consideration to the results of risk assessments, solicit opinions from agricultural producers and operators, consumers, relevant authorities, industry associations, and other stakeholders, and ensure the safety of agricultural product consumption.
　　Article 18: Standards for the quality and safety of agricultural products shall be revised in a timely manner in accordance with the level of scientific and technological development and the needs of ensuring the quality and safety of agricultural products.
　　Article 19: Standards for the quality and safety of agricultural products shall be promoted and implemented by the competent department of agriculture and rural affairs in consultation with the relevant departments.
　　Chapter 3: Origins of Agricultural Products
　　Article 20 The State shall establish and improve a monitoring system for the origins of agricultural products.
　　The agricultural and rural affairs authorities of local people’s governments at or above the county level shall, in coordination with their counterparts in ecological environment, natural resources, and other relevant departments, formulate monitoring plans for agricultural product production sites and strengthen efforts to conduct safety surveys, monitoring, and assessments of such sites.
　　Article 21: The agricultural and rural affairs authorities of local people’s governments at or above the county level shall, in coordination with their counterparts in ecological environment, natural resources, and other relevant departments, and in accordance with the requirements for ensuring the quality and safety of agricultural products, as well as based on the characteristics of specific agricultural product varieties and the results of safety surveys, monitoring, and assessments conducted at production sites, submit proposals—pursuant to the provisions of laws and regulations on soil pollution prevention and control—for designating prohibited production zones for particular agricultural products. Such proposals shall be implemented upon approval by the people’s government at the same level.
　　No organization or individual may engage in the cultivation, breeding, fishing, or harvesting of specified agricultural products, nor establish production bases for such products, within areas where the production of those specific agricultural products is prohibited.
　　The specific measures for designating and managing prohibited production zones for certain agricultural products shall be formulated by the agricultural and rural affairs department of the State Council in consultation with the State Council’s departments responsible for ecological environment, natural resources, and other relevant authorities.
　　Article 22: No organization or individual shall, in violation of relevant laws and regulations on environmental protection, discharge or dump wastewater, waste gases, solid waste, or other toxic and harmful substances into agricultural product production areas.
　　Water used for agricultural production and solid waste used as fertilizer shall comply with the requirements of laws, regulations, and relevant national mandatory standards.
　　Article 23: Agricultural producers shall use [inputs] in a scientific and rational manner. Pesticide Agricultural inputs such as veterinary drugs, fertilizers, and agricultural plastic films shall be managed to prevent contamination of agricultural product production areas.
　　 Pesticide Producers, operators, and users of agricultural inputs such as fertilizers and agricultural plastic films shall, in accordance with relevant national regulations, collect and properly dispose of packaging materials and waste.
　　Article 24: People’s governments at or above the county level shall take measures to strengthen the development of agricultural product production bases, promote the implementation of agricultural standardization demonstration projects, and improve the production conditions for agricultural products.
　　Chapter 4: Agricultural Product Production
　　Article 25: The agricultural and rural affairs authorities of local people’s governments at or above the county level shall, in light of the actual conditions of their respective regions, formulate production technical requirements and operational procedures to ensure the quality and safety of agricultural products, and strengthen training and guidance for agricultural product producers and operators.
　　Agricultural technology extension agencies shall strengthen training for agricultural product producers and operators in quality and safety knowledge and skills. The State encourages research and educational institutions to conduct training on the quality and safety of agricultural products.
　　Article 26: Agricultural product producers, specialized farmer cooperatives, and agricultural social service organizations shall strengthen the management of agricultural product quality and safety.
　　Agricultural product production enterprises shall establish a quality and safety management system for agricultural products and appoint qualified technical personnel; where they lack the capacity to do so, they shall entrust personnel with relevant professional expertise to provide guidance on the quality and safety of agricultural products.
　　The State encourages and supports agricultural product producers, farmer specialized cooperatives, and agricultural social service organizations in establishing and implementing the Hazard Analysis and Critical Control Point (HACCP) system and adopting Good Agricultural Practices, thereby enhancing the management of agricultural product quality and safety.
　　Article 27: Agricultural product producers, specialized farmer cooperatives, and agricultural social service organizations shall maintain production records for agricultural products and accurately document the following matters:
　　(1) The name, source, method of use, dosage, and dates of application and cessation of agricultural inputs;
　　(2) The occurrence and control of animal epidemics and crop diseases and pests;
　　(3) The date of harvest, slaughter, or catch.
　　Records of agricultural product production shall be retained for at least two years. The falsification or alteration of such records is prohibited.
　　The state encourages other agricultural producers to maintain records of their agricultural production.
　　Article 28: For matters that may affect the quality and safety of agricultural products, Pesticide Veterinary drugs, feed and feed additives, fertilizers, and veterinary medical devices shall be subject to a licensing system in accordance with the provisions of relevant laws and administrative regulations.
　　The agricultural and rural affairs authorities of people’s governments at or above the provincial level shall, on a regular or irregular basis, organize inspections of factors that may jeopardize the quality and safety of agricultural products. Pesticide Conduct supervisory spot checks on agricultural inputs such as veterinary drugs, feed and feed additives, and fertilizers, and publicly disclose the results of these inspections.
　　 Pesticide Veterinary drug operators shall, in accordance with relevant laws and administrative regulations, maintain sales records that document the purchaser, date of sale, and intended use of the veterinary drug, among other pertinent details.
　　Article 29: Agricultural product producers and operators shall, in accordance with relevant laws, administrative regulations, national mandatory standards, and the provisions of the agricultural and rural affairs department under the State Council, use [agricultural inputs] in a scientific and rational manner. Pesticide Veterinary drugs, feed and feed additives, fertilizers, and other agricultural inputs shall be used in strict compliance with the prescribed safety intervals or withdrawal periods; the use of such inputs beyond the approved scope or at doses exceeding the permitted limits is prohibited, as it may jeopardize the quality and safety of agricultural products.
　　The use of agricultural inputs prohibited by the state, as well as other toxic and harmful substances, is forbidden in the production and operation of agricultural products.
　　Article 30: Agricultural product production sites, as well as the facilities, equipment, disinfectants, detergents, and other materials used in production activities, shall comply with relevant national regulations on quality and safety to prevent contamination of agricultural products.
　　Article 31: The agricultural and rural affairs authorities of people’s governments at or above the county level shall strengthen supervision, management, and guidance over the use of agricultural inputs; establish and improve a system for the safe use of agricultural inputs; promote technologies for the scientific application of agricultural inputs; and popularize the use of safe and environmentally friendly agricultural inputs.
　　Article 32: The State encourages and supports agricultural producers and operators in selecting high-quality, distinctive crop varieties, adopting green production technologies and comprehensive quality‑control systems, producing green, high‑quality agricultural products, implementing grading and classification, enhancing product quality, and building agricultural brands.
　　Article 33: The State shall support the development of cold-chain logistics infrastructure at agricultural product production sites, improve relevant standards, service specifications, and regulatory mechanisms for agricultural product cold-chain logistics, ensure the smooth, efficient, safe, and convenient flow of cold-chain‑handled agricultural products, and expand the supply of high-quality products in the market.
　　Producers and operators engaged in the cold-chain logistics of agricultural products shall, in accordance with laws, regulations, and relevant standards for agricultural product quality and safety, strengthen innovation and application of cold-chain technologies, implement quality and safety controls, and comply with inspection, testing, and quarantine requirements for cold-chain‑handled agricultural products, their packaging, transport vehicles, and operating environments, thereby ensuring the quality and safety of cold-chain agricultural products.
　　Chapter 5: Agricultural Product Sales
　　Article 34: Agricultural products sold shall comply with agricultural product quality and safety standards.
　　Agricultural product producers and specialized farmer cooperatives shall, in accordance with quality and safety control requirements, conduct quality and safety testing of agricultural products themselves or entrust such testing to accredited testing institutions. Agricultural products that fail to meet the relevant quality and safety standards upon testing shall be promptly subject to appropriate control measures and may not be sold.
　　Institutions engaged in agricultural technology extension and related activities shall provide farmers and other producers of agricultural products with technical services for the testing of agricultural products.
　　Article 35: Preservatives, anti‑spoilage agents, additives, packaging materials, and other substances used in the packaging, preservation, storage, and transportation of agricultural products shall comply with relevant national mandatory standards and other regulations on the quality and safety of agricultural products.
　　Containers, tools, and equipment used for the storage and transportation of agricultural products shall be safe and harmless. The storage and transportation of agricultural products together with toxic or hazardous substances is prohibited to prevent contamination.
　　Article 36: Agricultural products falling under any of the following circumstances shall not be sold:
　　(1) Containing substances prohibited for use by the state Pesticide , veterinary drugs or other compounds;
　　(2) Pesticide Residues of veterinary drugs or other chemical substances, or the presence of heavy metals and other toxic and harmful substances, do not comply with agricultural product quality and safety standards;
　　(3) Contains pathogenic parasites, microorganisms, or biological toxins that do not comply with agricultural product quality and safety standards;
　　(4) Failing to use preservatives, anti‑spoilage agents, additives, packaging materials, and other substances in accordance with the relevant mandatory national standards and other regulations on agricultural product quality and safety, or using such substances that do not comply with the applicable mandatory national standards and other quality‑and‑safety requirements;
　　(5) Animals and their products that have died of disease, poisoning, or whose cause of death is unknown;
　　(6) Other circumstances that do not comply with the quality and safety standards for agricultural products.
　　Agricultural products prohibited from sale under the preceding paragraph shall be disposed of in accordance with the provisions of laws and regulations.
　　Article 37: Agricultural product wholesale markets shall, in accordance with regulations, establish or entrust testing institutions to conduct random inspections and tests on the quality and safety of agricultural products entering the market for sale. If any product is found to be non‑compliant with agricultural product quality and safety standards, the market shall require the seller to immediately cease sales and report the matter to the local market supervision administration, agriculture and rural affairs authorities, and other relevant departments.
　　Agricultural product sales enterprises shall establish and improve a system for inspecting and accepting incoming goods; any products found, upon inspection, to fail to meet agricultural product quality and safety standards shall not be sold.
　　Food producers purchasing agricultural products and other food raw materials shall, in accordance with the provisions of the Food Safety Law of the People’s Republic of China, verify the relevant licenses and certificates of conformity; for those unable to provide such certificates, they shall conduct inspections as prescribed.
　　Article 38: Agricultural products sold by agricultural product producers, specialized farmer cooperatives, and entities or individuals engaged in the procurement of agricultural products shall, where packaging or additional labeling such as a certificate of compliance is required by law, be packaged or labeled prior to sale. The packaging or label shall, in accordance with applicable regulations, indicate the product’s name, place of origin, producer, date of production, shelf life, product quality grade, and other relevant information; where additives are used, the names of such additives shall also be indicated as prescribed. Specific measures shall be formulated by the agricultural and rural affairs authority under the State Council.
　　Article 39: Agricultural product producers and specialized farmer cooperatives shall comply with the provisions of laws and regulations and relevant mandatory national standards, ensure that the agricultural products they sell meet the quality and safety standards for agricultural products, and, based on quality and safety control measures and testing results, issue certificates attesting compliance with such standards, pledging not to use prohibited substances. Pesticide , veterinary drugs and other compounds, as well as their routine use Pesticide …including ensuring that veterinary drug residues do not exceed the prescribed limits. Farmers are encouraged and supported to issue certificates of compliance when selling agricultural products. Where laws or administrative regulations contain specific provisions regarding certificates of quality and safety for livestock and poultry products, such provisions shall be observed.
　　Units or individuals engaged in the procurement of agricultural products shall, in accordance with applicable regulations, collect and retain certificates of compliance or other certificates attesting to quality and safety. Where they mix or repackage the agricultural products they have procured before selling them, they shall issue certificates of compliance as required by law.
　　Wholesale markets for agricultural products shall establish and improve systems, including the verification of certificates of compliance and conformity for agricultural products.
　　The agricultural and rural affairs authorities of people’s governments at or above the county level shall provide guidance and support for matters related to the commitment‑based compliance certificate and strengthen routine supervision and inspection.
　　The Measures for the Administration of Certificates of Conformity to Standards for Agricultural Product Quality and Safety shall be formulated by the agricultural and rural affairs department under the State Council in conjunction with the relevant departments of the State Council.
　　Article 40: Agricultural product producers and operators who sell agricultural products through online platforms shall, in accordance with this Law as well as the E-Commerce Law of the People’s Republic of China, the Food Safety Law of the People’s Republic of China, and other relevant laws and regulations, strictly fulfill their responsibilities for quality and safety, ensuring that the agricultural products they sell meet applicable quality and safety standards. Operators of online platforms shall, in accordance with the law, strengthen their oversight and management of agricultural product producers and operators.
　　Article 41: The State shall implement traceability management for agricultural products listed in the Catalogue of Agricultural Product Quality and Safety Traceability. The agricultural and rural affairs department under the State Council shall, in conjunction with the market supervision and administration departments under the State Council and other relevant authorities, establish a collaborative mechanism for agricultural product quality and safety traceability. The Measures for the Administration of Agricultural Product Quality and Safety Traceability and the Traceability Catalogue shall be formulated by the agricultural and rural affairs department under the State Council, in coordination with the market supervision and administration departments under the State Council and other relevant authorities.
　　The state encourages agricultural producers and operators that have the necessary information technology capabilities to adopt modern information technologies to collect and maintain production records, purchase and sales records, and other business‑related information.
　　Article 42: Where the quality of agricultural products meets the relevant national standards for high-quality agricultural products, agricultural producers and operators may apply to use the agricultural product quality mark. The unauthorized use of the agricultural product quality mark is prohibited.
　　The state is strengthening the protection and management of geographical indication agricultural products.
　　Article 43: Agricultural products that are genetically modified organisms shall be labeled in accordance with the relevant provisions on the safety management of agricultural genetically modified organisms.
　　Article 44: Animals, plants, and their products that are required by law to undergo quarantine shall be accompanied by a quarantine mark and a quarantine certificate.
　　Chapter VI Supervision and Management
　　Article 45: The agricultural and rural affairs authorities and the market supervision and administration departments of people’s governments at or above the county level shall establish and improve a collaborative mechanism for the full‑process supervision and management of agricultural product quality and safety, thereby ensuring the quality and safety of agricultural products at every stage, from production to consumption.
　　The agricultural and rural affairs authorities and the market supervision and administration departments of people’s governments at or above the county level shall strengthen coordination and enforcement alignment in the supervision and management of agricultural product quality and safety during procurement, storage, and transportation; promptly exchange and share information on such supervision and management; and, in accordance with their respective duties and powers, publish information on the day-to-day supervision and management of agricultural product quality and safety.
　　Article 46: The agricultural and rural affairs authorities of people’s governments at or above the county level shall, based on the results of agricultural product quality and safety risk monitoring and risk assessment, as well as the overall status of agricultural product quality and safety, formulate plans for supervisory sampling inspections, determine the priorities, methods, and frequency of such inspections, and implement a tiered management system for agricultural product quality and safety risks.
　　Article 47: The agricultural and rural affairs authorities of people’s governments at or above the county level shall establish and improve a random inspection mechanism and, in accordance with the supervisory sampling plan, organize and carry out supervisory sampling inspections of the quality and safety of agricultural products.
　　Supervisory sampling and testing for the quality and safety of agricultural products shall be entrusted to agricultural product quality and safety testing institutions that meet the conditions stipulated in this Law. No fees may be charged to the entities subject to such sampling, and remuneration for the samples collected shall be based on market prices, with the quantity of samples not exceeding the limits prescribed by the competent agricultural and rural affairs department under the State Council.
　　For the same batch of agricultural products subject to supervisory spot checks by the higher-level agricultural and rural affairs authority, the lower-level agricultural and rural affairs authority shall not conduct additional, duplicate spot checks.
　　Article 48: Quality and safety testing of agricultural products shall make full use of existing qualified testing institutions.
　　Institutions engaged in the testing of agricultural product quality and safety shall possess the requisite testing conditions and capabilities and shall be accredited upon passing an assessment conducted by the agricultural and rural affairs authorities of the people’s governments at or above the provincial level, or by agencies authorized by them. The specific measures shall be formulated by the agricultural and rural affairs authority under the State Council.
　　Agricultural product quality and safety testing institutions shall, in accordance with the law, obtain accreditation.
　　Article 49: Personnel engaged in the testing of agricultural product quality and safety shall possess the relevant professional knowledge and practical skills, abide by laws and regulations, and uphold professional ethics.
　　Agricultural product quality and safety testing institutions shall be responsible for the test reports they issue. Such reports must be objective and impartial, and the test data must be authentic and reliable; the issuance of false test reports is prohibited.
　　Article 50: The agricultural and rural affairs authorities of local people’s governments at or above the county level may, by means of rapid testing methods recognized by the agricultural and rural affairs authority under the State Council in conjunction with the State Council’s market supervision and administration authorities and other relevant departments, conduct supervisory random inspections and tests on the quality and safety of agricultural products. Where the results of such inspections and tests establish that certain agricultural products do not comply with the standards for agricultural product quality and safety, they may be used as evidence in administrative penalties.
　　Article 51: If an agricultural product producer or operator disagrees with the results of a supervisory sampling inspection, they may, within five working days from the date of receipt of such results, apply to the agricultural and rural affairs authority that conducted the inspection or to its superior agricultural and rural affairs authority for a re‑inspection. The re‑inspection agency shall not be the same as the initial inspection agency.
　　When rapid testing methods are used for supervisory sampling and testing of agricultural product quality and safety, any party subject to sampling who disputes the test results may, within four hours of receiving the results, request a re‑examination. The re‑examination shall not employ rapid testing methods.
　　The re-inspection agency shall issue the test report within seven working days from the date of receipt of the re-inspection sample.
　　Where damage is caused to a party due to an erroneous test result, the responsible party shall bear liability for compensation in accordance with the law.
　　Article 52: The agricultural and rural affairs authorities of local people’s governments at or above the county level shall strengthen supervision and management of agricultural product production, conduct routine inspections, and focus on such matters as the environmental conditions of agricultural production sites, the procurement and use of agricultural inputs, agricultural production records, and the issuance of certificates of compliance.
　　The State encourages and supports grassroots self-governing organizations in establishing a system of agricultural product quality and safety information officers to assist in the implementation of relevant tasks.
　　Article 53: When conducting supervision and inspection of the quality and safety of agricultural products, the competent authorities shall have the power to take the following measures:
　　(1) Enter production and business premises to conduct on-site inspections and investigate and gather information related to the quality and safety of agricultural products;
　　(2) Inspect and duplicate records of agricultural product production, purchase and sales ledgers, and other documents related to the quality and safety of agricultural products;
　　(3) Conduct sampling inspections of agricultural products in production and operation, as well as of agricultural inputs and other relevant products used;
　　(4) Seize and impound agricultural products for which there is evidence of potential quality and safety risks, or which have been found through testing to fail to meet agricultural product quality and safety standards;
　　(5) Seize and impound agricultural inputs and other toxic or hazardous substances for which there is evidence that they may jeopardize the quality and safety of agricultural products, or that have been found through testing to fail to meet product quality standards;
　　(6) Seize and impound facilities, equipment, premises, and means of transport used in the illegal production and operation of agricultural products;
　　(7) Confiscate counterfeit agricultural product quality marks.
　　Producers and operators of agricultural products shall assist and cooperate with inspections and oversight of agricultural product quality and safety, and may not refuse or obstruct such activities.
　　Article 54: People’s governments at or above the county level, together with departments of agriculture and rural affairs, shall strengthen the development of a credit system for agricultural product quality and safety, establish credit records for agricultural product producers and operators, document information such as administrative penalties, and promote the application and management of credit information related to agricultural product quality and safety.
　　Article 55: Where quality and safety hazards are identified in the production and operation of agricultural products but are not promptly addressed, the agricultural and rural affairs authorities of the people’s governments at or above the county level may conduct a regulatory interview with the legal representative or principal person in charge of the agricultural producer or operator. The agricultural producer or operator shall immediately take corrective measures to rectify the situation and eliminate the identified hazards.
　　Article 56: The State encourages consumer associations and other organizations or individuals to conduct social oversight of the quality and safety of agricultural products, and to put forward opinions and suggestions on the work of supervising and managing such quality and safety. Any organization or individual has the right to report, file complaints, or lodge grievances regarding acts that violate this Law.
　　The agricultural and rural affairs authorities of people’s governments at or above the county level shall establish a system for handling complaints and reports on the quality and safety of agricultural products, publicly disclose channels for such submissions, and promptly address them upon receipt. Where a complaint or report falls outside the purview of this authority, it shall be referred to the competent department and the complainant or reporter shall be notified in writing.
　　Article 57: The agricultural and rural affairs authorities of local people’s governments at or above the county level shall strengthen professional and technical training for law enforcement personnel engaged in agricultural product quality and safety, and organize assessments. Persons who lack the requisite knowledge and competence shall not be permitted to engage in law enforcement activities related to agricultural product quality and safety.
　　Article 58: Higher-level people’s governments shall supervise lower-level people’s governments in fulfilling their responsibilities for the quality and safety of agricultural products. Where a local people’s government fails to effectively implement its responsibilities for the quality and safety of agricultural products and serious problems persist, the higher-level people’s government may conduct accountability talks with its principal officials. The local people’s government subject to such talks shall promptly adopt corrective measures.
　　Article 59: The agricultural and rural affairs department under the State Council shall, in conjunction with relevant departments of the State Council, formulate a national emergency response plan for sudden incidents involving the quality and safety of agricultural products, and ensure its alignment with the national emergency response plan for food safety incidents.
　　Local people’s governments at or above the county level shall, in accordance with relevant laws and administrative regulations and the emergency response plan for agricultural product quality and safety emergencies issued by their superior people’s governments, formulate an emergency response plan for agricultural product quality and safety emergencies within their respective administrative areas.
　　When a food safety incident involving agricultural products occurs, the relevant entities and individuals shall implement control measures and promptly report to the people’s government of the township or town where the incident took place, as well as to the agricultural and rural affairs departments of the county-level people’s government. The receiving authorities shall, in accordance with the emergency response plan for sudden food safety incidents involving agricultural products, take timely action and report to their own level of people’s government and to the competent departments of the higher-level people’s government. In the event of a major food safety incident involving agricultural products, it shall be reported to the State Council and its relevant departments as prescribed.
　　No organization or individual may conceal, falsely report, or delay reporting incidents involving the safety of agricultural products, nor may they hide, falsify, or destroy relevant evidence.
　　Article 60: The market supervision and administration departments of the people’s governments at or above the county level shall, in accordance with this Law and other relevant laws and regulations, including the Food Safety Law of the People’s Republic of China, conduct supervisory inspections over the production and business activities of agricultural products after they have entered wholesale and retail markets or production and processing enterprises.
　　Article 61: When the agricultural and rural affairs, market supervision and administration, and other departments of people’s governments at or above the county level discover that an illegal act concerning the quality and safety of agricultural products is suspected of constituting a crime, they shall promptly refer the case to the public security organs. With respect to cases referred, the public security organs shall conduct a timely review; if they find that there are criminal facts warranting criminal accountability, they shall file a case and initiate an investigation.
　　Where public security organs determine that criminal liability need not be pursued in accordance with the law but administrative penalties should be imposed, they shall promptly refer the case to the departments of agriculture and rural affairs, market supervision and administration, and other relevant authorities, which shall handle it in accordance with the law.
　　When public security organs request assistance from departments such as agriculture and rural affairs, market supervision and administration, and ecological environment—seeking inspection conclusions, identification opinions, and the harmless treatment of agricultural products involved in a case—such departments shall promptly provide the requested information and render the necessary assistance.
　　Chapter VII Legal Liability
　　Article 62: Where, in violation of the provisions of this Law, the people’s governments at all local levels fall under any of the following circumstances, the persons directly in charge and other persons directly responsible shall be given a warning, a record of demerit, or a record of serious demerit; if serious consequences are caused, they shall be subject to demotion or removal from office:
　　(1) Failing to define the responsibilities of the relevant departments for the supervision and management of agricultural product quality and safety, failing to establish and improve the mechanisms for such supervision and management, or failing to implement the responsibilities for supervising and managing agricultural product quality and safety;
　　(2) Failing to formulate an emergency response plan for sudden incidents involving the quality and safety of agricultural products within the administrative region, or failing to activate such a plan in accordance with regulations upon the occurrence of an agricultural product quality and safety incident.
　　Article 63: In violation of the provisions of this Law, if people’s governments at or above the county level and their departments of agriculture and rural affairs, among others, engage in any of the following acts, the persons directly in charge and other persons directly responsible shall be subject to a major demerit; if the circumstances are relatively serious, they shall be subject to demotion or removal from office; if the circumstances are severe, they shall be subject to dismissal; and if serious consequences result, the principal person in charge shall also tender his or her resignation.
　　(1) Concealing, falsely reporting, or delaying the reporting of agricultural product quality and safety incidents, or concealing, falsifying, or destroying relevant evidence;
　　(2) Failing to investigate and handle agricultural product quality and safety incidents in accordance with the prescribed procedures, or failing to promptly address reports of such incidents upon receipt, thereby causing the incident to escalate or spread;
　　(3) Failing to promptly implement appropriate measures upon the discovery of significant risks or hazards to the quality and safety of agricultural products, thereby causing agricultural product quality and safety incidents or adverse social repercussions;
　　(4) Failure to perform duties related to the supervision and administration of agricultural product quality and safety, resulting in an agricultural product quality and safety incident.
　　Article 64: Where the agricultural and rural affairs, market supervision and administration, and other relevant departments of people’s governments at or above the county level, in the course of performing their duties of supervising and managing the quality and safety of agricultural products, unlawfully impose inspection, compulsory measures, or other enforcement actions that cause losses to agricultural product producers and operators, they shall provide compensation in accordance with the law and impose disciplinary sanctions on the directly responsible persons in charge and other persons directly liable, in accordance with the law.
　　Article 65: If an agricultural product quality and safety testing institution or its testing personnel issues a false testing report, the competent department of agriculture and rural affairs under the people’s government at or above the county level shall confiscate the testing fees collected. Where the testing fees are less than RMB 10,000, a fine of not less than RMB 50,000 but not more than RMB 100,000 shall be imposed; where the testing fees exceed RMB 10,000, a fine of not less than five times but not more than ten times the amount of the testing fees shall be imposed. In addition, the directly responsible principal officers and other persons directly liable shall be subject to a fine of not less than RMB 10,000 but not more than RMB 50,000. If the legitimate rights and interests of consumers are thereby harmed, the agricultural product quality and safety testing institution shall bear joint liability with the agricultural product producer or operator.
　　Testing personnel who have been subject to criminal penalties for violations of agricultural product quality and safety, or who have caused a major agricultural product quality and safety incident due to issuing false test reports, shall be prohibited for life from engaging in agricultural product quality and safety testing. Agricultural product quality and safety testing institutions shall not employ such individuals.
　　If an agricultural product quality and safety testing institution commits any of the violations set forth in the preceding two paragraphs, the competent authority or agency that granted its accreditation shall revoke its qualification certificate.
　　Article 66: Any person who, in violation of the provisions of this Law, engages in the cultivation, breeding, fishing, or harvesting of specified agricultural products, or establishes a production base for such products, within an area where the production of those products is prohibited, shall be ordered by the agricultural and rural affairs authority of the local people’s government at or above the county level to cease the illegal activity, have the agricultural products and any illegal gains confiscated, and be subject to a fine ranging from one to three times the amount of the illegal gains.
　　Anyone who, in violation of laws and regulations, discharges or dumps wastewater, waste gas, solid waste, or other toxic and harmful substances into agricultural product production areas shall be subject to handling and penalties in accordance with the relevant environmental protection laws and regulations; if damage is caused, they shall bear liability for compensation in accordance with the law.
　　Article 67 Pesticide Producers, operators, and users of agricultural inputs such as fertilizers and agricultural plastic films who fail to collect and properly dispose of packaging materials or waste in accordance with the relevant regulations shall be subject to handling and penalties by the agricultural and rural affairs authorities of the people’s governments at or above the county level, in accordance with applicable laws and regulations.
　　Article 68: In violation of the provisions of this Law, if an agricultural product production enterprise falls under any of the following circumstances, it shall be ordered by the agricultural and rural affairs department of the people’s government at or above the county level to make corrections within a specified time limit; if the corrections are not made within the time limit, a fine of no less than RMB 5,000 and no more than RMB 50,000 shall be imposed:
　　(1) No agricultural product quality and safety management system has been established;
　　(2) No qualified technical personnel for agricultural product quality and safety management have been assigned, and no personnel with relevant professional expertise have been entrusted to provide guidance on agricultural product quality and safety.
　　Article 69: If agricultural product producers, specialized farmer cooperatives, or agricultural social service organizations fail to establish and maintain agricultural production records in accordance with the provisions of this Law, or if they falsify or alter such records, the competent department of agriculture and rural affairs under the people’s government at or above the county level shall order them to make corrections within a specified time limit; if they fail to comply within the prescribed period, they shall be subject to a fine of no less than RMB 2,000 and no more than RMB 20,000.
　　Article 70: In violation of the provisions of this Law, if an agricultural product producer or operator engages in any of the following acts that do not yet constitute a crime, the agricultural and rural affairs department of the people’s government at or above the county level shall order it to cease production and operation, recover the agricultural products already sold, render the illegally produced or operated agricultural products harmless or supervise their destruction, confiscate the illegal gains, and may also confiscate the tools, equipment, raw materials, and other items used in the illegal production or operation. Where the value of the illegally produced or operated agricultural products is less than RMB 10,000, a fine of not less than RMB 100,000 but not more than RMB 150,000 shall be imposed; where the value exceeds RMB 10,000, a fine of not less than fifteen times but not more than thirty times the value of the goods shall be imposed. For farmers, a fine of not less than RMB 1,000 but not more than RMB 10,000 shall be imposed. In cases of serious circumstances, the license shall be revoked, and the public security organs may impose administrative detention of no less than five days but no more than fifteen days on the directly responsible principal and other persons directly liable.
　　(1) Using agricultural inputs prohibited by the state or other toxic and harmful substances in the production and operation of agricultural products;
　　(2) Selling products containing substances prohibited by the state Pesticide , agricultural products containing veterinary drugs or other compounds;
　　(3) Selling animals and their products that have died of disease, poisoning, or from causes of death unknown.
　　Anyone who, knowing that an agricultural product producer or operator is engaging in the unlawful acts specified in the preceding paragraph, nevertheless provides it with a production or business premises or other conditions shall be ordered by the agricultural and rural affairs department of the local people’s government at or above the county level to cease the illegal activity, have their illegal gains confiscated, and be subject to a fine of no less than RMB 100,000 but no more than RMB 200,000. If such conduct causes damage to the legitimate rights and interests of consumers, the offender shall bear joint liability with the agricultural product producer or operator.
　　Article 71: Where, in violation of the provisions of this Law, an agricultural product producer or operator engages in any of the following acts that do not yet constitute a crime, the agricultural and rural affairs department of the people’s government at or above the county level shall order it to cease production and operation, recover the agricultural products already sold, render the illegally produced or operated agricultural products harmless or supervise their destruction, confiscate the illegal gains, and may also confiscate the tools, equipment, raw materials, and other items used in the illegal production or operation. If the value of the illegally produced or operated agricultural products is less than RMB 10,000, a fine of not less than RMB 50,000 but not more than RMB 100,000 shall be imposed; if the value exceeds RMB 10,000, a fine of not less than ten times but not more than twenty times the value of the goods shall be imposed. In addition, for farmers, a fine of not less than RMB 500 but not more than RMB 5,000 shall be imposed.
　　(1) Sales Pesticide Agricultural products whose residues of veterinary drugs or other chemical substances, or the levels of heavy metals and other toxic or harmful substances they contain, fail to meet the quality and safety standards for agricultural products;
　　(2) Selling agricultural products that contain pathogenic parasites, microorganisms, or biological toxins in violation of agricultural product quality and safety standards;
　　(3) Selling other agricultural products that do not meet agricultural product quality and safety standards.
　　Article 72: In violation of the provisions of this Law, if an agricultural product producer or operator engages in any of the following acts, the agricultural and rural affairs department of the people’s government at or above the county level shall order it to cease production and operation, recall the agricultural products already sold, render the illegally produced or operated agricultural products harmless or supervise their destruction, confiscate the illegal gains, and may also confiscate the tools, equipment, raw materials, and other items used in the illegal production or operation. Where the value of the illegally produced or operated agricultural products is less than RMB 10,000, a fine of not less than RMB 5,000 but not more than RMB 50,000 shall be imposed; where the value exceeds RMB 10,000, a fine of not less than five times but not more than ten times the value of the goods shall be imposed. For farmers, a fine of not less than RMB 300 but not more than RMB 3,000 shall be imposed.
　　(1) Facilities, equipment, disinfectants, detergents, and other materials used at agricultural product production sites or during production activities do not comply with relevant national quality and safety regulations;
　　(2) Failing to use preservatives, anti‑spoilage agents, additives, packaging materials, or other substances in accordance with the relevant mandatory national standards or other regulations on agricultural product quality and safety, or using such substances that do not comply with the applicable mandatory national standards or other quality and safety requirements;
　　(3) Storing or transporting agricultural products together with toxic or hazardous substances.
　　Article 73: Any person who, in violation of the provisions of this Law, engages in any of the following acts shall, by the agricultural and rural affairs department of the local people’s government at or above the county level in accordance with its duties, be subject to criticism and education and ordered to make corrections within a specified time limit; if the corrections are not made within the prescribed time limit, a fine of no less than RMB 100 and no more than RMB 1,000 shall be imposed.
　　(1) Agricultural product producers, specialized farmer cooperatives, or entities or individuals engaged in the procurement of agricultural products fail to issue certificates of compliance as required;
　　(2) Entities or individuals engaged in the procurement of agricultural products fail to collect and retain certificates of compliance or other proof of conformity as required.
　　Article 74: Where agricultural product producers or operators use, without authorization, a counterfeit agricultural product quality mark, or sell agricultural products bearing such a counterfeit mark, the competent department of agriculture and rural affairs under the people’s government at or above the county level shall, in accordance with its duties, order rectification and confiscate the illegal gains. If the value of the illegally produced or operated agricultural products is less than RMB 5,000, a fine of not less than RMB 5,000 but not more than RMB 50,000 shall be imposed; if the value exceeds RMB 5,000, a fine of not less than ten times but not more than twenty times the value of the goods shall be imposed.
　　Article 75: Any violation of the provisions of this Law concerning the traceability of agricultural product quality and safety shall be subject, by the agricultural and rural affairs authorities of the people’s governments at or above the county level in accordance with their respective duties, to an order to make corrections within a specified time limit; if the correction is not made within the prescribed time limit, a fine of no more than RMB 10,000 may be imposed.
　　Article 76: Any entity that, in violation of the provisions of this Law, refuses or obstructs lawful supervision and inspection of agricultural product quality and safety, investigations and handling of accidents, sampling inspections, or risk assessments shall, in accordance with its respective duties, be ordered by the competent authorities to suspend production or business operations and shall be subject to a fine of no less than RMB 2,000 and no more than RMB 50,000. If the conduct constitutes a violation of public order administration, the public security organ shall impose administrative penalties for public order in accordance with the law.
　　Article 77: Where the Food Safety Law of the People’s Republic of China provides for unlawful acts and corresponding legal liabilities with respect to agricultural products intended for human consumption after they have entered wholesale or retail markets or production and processing enterprises, the market supervision and administration departments of the people’s governments at or above the county level shall impose penalties in accordance with such provisions.
　　Article 78: Any act that violates the provisions of this Law and constitutes a crime shall be investigated for criminal liability in accordance with the law.
　　Article 79: Any violation of the provisions of this Law that causes personal injury, property damage, or other harm to consumers shall give rise to civil liability for damages in accordance with the law. Where the assets of producers or operators are insufficient to simultaneously satisfy civil liability for damages and to pay fines or penalties, civil liability for damages shall be satisfied first.
　　Where producers and operators of food agricultural products violate the provisions of this Law, pollute the environment, infringe upon the legitimate rights and interests of numerous consumers, or harm the public interest, the People’s Procuratorate may, in accordance with the provisions of the Civil Procedure Law of the People’s Republic of China, the Administrative Litigation Law of the People’s Republic of China, and other relevant laws, bring a lawsuit before the people’s court.
　　Chapter VIII Supplementary Provisions
　　Article 80: The quality and safety management of grain during the procurement, storage, and transportation stages shall be governed by the relevant laws and administrative regulations on grain administration.
　　Article 81 This Law shall come into force on January 1, 2023.