Law of the People's Republic of China on Quality and Safety of Agricultural Products (2022)

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 rural economy.

Article 2

For purposes of this Law, the term "agricultural products" refers to primary products sourced from crop farming, forestry, animal husbandry, fishery, etc., i.e., the plants, animals, microorganisms and their products obtained from agricultural activities.

For purposes of this Law, the term "quality and safety of agricultural products" means that the quality of agricultural products meets the quality and safety standards of agricultural products and the requirements for ensuring human health and safety.

Article 3

This Law applies to the production and sale of agricultural products and the regulation thereof, which are related to the quality and safety of agricultural products.

Provisions on the sale of edible agricultural products, development of relevant quality and safety standards, publishing of relevant safety information as well as agricultural inputs, provided by Food Safety Law of the People's Republic of China, shall be observed.

Article 4

The state strengthens the work related to the quality and safety of agricultural products, controls the quality and safety at the source, implements risk management and whole-process control, establishes a well-conceived and strict supervision and management system, and builds a coordinated and efficient system whereby all social actors participate in the quality and safety control.

Article 5

The competent department of agriculture and rural affairs and the department of market regulation under the State Council shall, in accordance with this Law and the duties assigned, conduct regulation over the quality and safety of agricultural products.

Other relevant departments under the State Council shall undertake work related to agricultural product quality and safety in accordance with this Law and the duties assigned.

Article 6

Local people's governments at or above the county level shall take charge of, uniformly lead, organize and coordinate the work related to the quality and safety of agricultural products within their respective administrative areas, establish and improve the work mechanism for the quality and safety of agricultural products and enhance the quality and safety of agricultural products.

Local people's governments at or above the county level shall, in accordance with this Law and relevant regulations, determine the duties of the competent departments of agriculture and rural affairs, the departments of market regulation and other relevant departments at the same level for the regulation of the quality and safety of agricultural products. The relevant departments shall, according to their duties assigned, take charge of the regulation of the quality and safety of agricultural products within their respective administrative areas.

People's governments of townships and towns shall perform the duty for the regulation of the quality and safety of agricultural products, and assist the people's governments at the higher level and their relevant departments with the regulation of the quality and safety of agricultural products.

Article 7

Producers and sellers of agricultural products shall be responsible for the quality and safety of the agricultural products they produce and sell.

Producers and sellers of agricultural products shall follow laws, regulations and agricultural product quality and safety standards in their production and sale activities, be honest and self-disciplined, accept supervision by the public, and bear social responsibilities.

Article 8

People's governments at or above the county level shall incorporate agricultural product quality and safety management into the local economic and social development plans, include the funds for agricultural product quality and safety management into the local fiscal budgets, and strengthen the capabilities for the regulation of the quality and safety of agricultural products.

Article 9

The state guides and promotes the standardized production of agricultural products, encourages and supports the production of high-quality green agricultural products, and prohibits the production and sale of agricultural products which do not meet the quality and safety standards for agricultural products set forth by the state.

Article 10

The state supports scientific and technological research on the quality and safety of agricultural products, introduces scientific approaches to quality and safety management and promotes the use of advanced and safe production technology. The state strengthens international exchanges and cooperation in science and technology related to the quality and safety of agricultural products.

Article 11

People's governments at various levels and the departments concerned shall strengthen the publicity of knowledge about the quality and safety of agricultural products, give full play to the advantages and roles of primary-level people's organizations for self-governance and rural collective economic organizations, guide producers and sellers of agricultural products to strengthen quality and safety management, and ensure the safety of agricultural products consumption.

The news media shall conduct publicity for laws and regulations on and knowledge about the quality and safety of agricultural products, and provide public oversight against illegal acts. Publicity for and reports on the quality and safety of agricultural products shall be truthful and just.

Article 12

Specialized farmers' cooperatives and agricultural products industry associations shall provide their members with timely services in production technologies, establish a system for managing the quality and safety of agricultural products, improve the system for controlling the quality and safety of agricultural products and enhance management through self-discipline.

Chapter II Risk Management and Standards Development of Agricultural Product Quality and Safety

Article 13

The state establishes a risk monitoring system for the quality and safety of agricultural products.

The competent department of agriculture and rural affairs under the State Council shall formulate a national plan for monitoring the quality and safety risks of agricultural products, and monitor the quality and safety risks of agricultural products in key areas and of key varieties. The competent departments of agriculture and rural affairs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the national plan for monitoring the quality and safety risks of agricultural products and in consideration of the relevant production and sale status in their administrative areas, formulate the implementation plans for monitoring the quality and safety risks of agricultural products in their respective administrative areas, and report them to the competent department of agriculture and rural affairs under the State Council. The competent departments of agriculture and rural affairs of the local people's governments at or above the county level shall be responsible for organizing and implementing the task of monitoring the quality and safety risks of agricultural products in their respective administrative areas.

Departments of market regulation of people's governments at or above the county level and other relevant departments, upon being informed of the quality and safety risk information of agricultural products, shall verify such information immediately and notify the competent departments of agriculture and rural affairs at the same level. On receiving notification, the competent departments of agriculture and rural affairs shall report the matter to higher-level authorities in a timely manner. The departments that formulate the agricultural product quality and safety risk monitoring plans and their implementation plans shall conduct research and analysis in a timely manner and make adjustments when necessary.

Article 14

The state establishes a system of assessing the quality and safety risks of agricultural products.

The competent department of agriculture and rural affairs under the State Council shall establish a committee of experts for risk assessment concerning the quality and safety of agricultural products to conduct risk analysis and assessment of potential hazards that may affect the safety and quality of agricultural products. Where the department of health, department of market regulation or any other department under the State Council finds it necessary to assess the quality and safety risks of agricultural products, it shall put forward risk assessment suggestions to the competent department of agriculture and rural affairs under the State Council.

The committee of experts for risk assessment concerning the quality and safety of agricultural products is composed of experts in agriculture, food, nutrition, biology, environment, medicine, chemical industry, etc.

Article 15

The competent department of agriculture and rural affairs under the State Council shall, in light of the results of risk monitoring and risk assessment concerning the quality and safety of agricultural products, take corresponding administration measures, and shall, in a timely manner, report the aforementioned results to the department of market regulation, department of health, and other relevant departments under the State Council as well as the competent departments of agriculture and rural affairs of the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government.

The competent departments of agriculture and rural affairs of the people's governments at or above the county level may, according to their needs, enter the places of origin, storage sites and wholesale and retail markets of agricultural products while carrying out risk monitoring and assessment work concerning the quality and safety of agricultural products. The collected samples shall be paid for at market price.

Article 16

The state establishes a sound system for quality and safety standards of agricultural products, and ensures the strict implementation. The quality and safety standards of agricultural products are compulsory standards, and include the following requirements related to the quality and safety of agricultural products:

(1) provisions on the quality requirements, scopes of application, usages, dosages, and safety intervals and withdrawal periods of agricultural inputs;

(2) requirements for the environment of the place of origin, production process control, and storage and transportation of agricultural products;

(3) requirements for key ingredient indicators of agricultural products, etc.;

(4) inspection procedures related to the slaughtering of livestock and poultry; and

(5) other compulsory requirements related to the quality and safety of agricultural products.

Provisions on the relevant quality and safety standards of edible agricultural products contained in the Food Safety Law of the People's Republic of China shall be observed.

Article 17

The quality and safety standards of agricultural products shall be formulated and published in accordance with laws and administrative regulations.

In developing the quality and safety standards of agricultural products, the results of the risk assessment concerning the quality and safety of agricultural products shall be taken into full consideration, and the opinions of agricultural product producers, sellers, consumers, relevant departments, industry associations, etc. shall be heeded, so as to ensure consumption safety of the agricultural products.

Article 18

The quality and safety standards of agricultural products shall be revised in a timely manner along with scientific and technological development and in light of the demand for the quality and safety of agricultural products.

Article 19

The competent departments of agriculture and rural affairs shall be responsible for implementing the quality and safety standards of agricultural products in consultation with other relevant departments.

Chapter III Places of Origin of Agricultural Products

Article 20

The state establishes a sound monitoring system for the places of origin of agricultural products.

The competent departments of agriculture and rural affairs of the local people's governments at or above the county level shall, in conjunction with the ecology and environment departments, natural resource departments and other departments at the same level, develop a monitoring plan for the places of origin of agricultural products, and strengthen the safety investigation, monitoring and evaluation of the places of origin of agricultural products.

Article 21

The competent departments of agriculture and rural affairs of the local people's governments at or above the county level shall, in conjunction with the ecology and environment departments, natural resource departments and other departments at the same level, put forward suggestions on the delimitation of areas where the production of specific agricultural products is prohibited in line with the requirements for ensuring the quality and safety of agricultural products, based on the characteristics of different varieties of agricultural products and the results of safety investigation, monitoring and evaluation concerning the places of origin, and in accordance with the laws and regulations on soil pollution prevention and control, and submit the suggestions to the people's governments at the same level for approval before the delimitation is implemented.

No entity or individual may plant, breed, fish or collect specific agricultural products or establish production bases for specific agricultural products in areas where production of the specific agricultural products is prohibited.

The specific measures for the delimitation and administration of areas where the production of specific agricultural products is prohibited shall be determined by the competent department of agriculture and rural affairs under the State Council in consultation with the ecology and environment department, natural resource department and other relevant departments under the State Council.

Article 22

No entity or individual may, in violation of the provisions of relevant environmental protection laws and regulations, discharge waste water, waste gas, solid wastes or other toxic or hazardous substances to the places of origin of agricultural products.

Water used for agricultural production and solid waste used as fertilizers shall be in conformity with laws, regulations and relevant compulsory standards of the state.

Article 23

Agricultural product producers shall use agricultural inputs such as pesticides, veterinary drugs, fertilizers and agricultural films in a scientific and reasonable manner to prevent pollution to the places of origin of agricultural products.

Producers, sellers and users of agricultural inputs such as pesticides, fertilizers and agricultural films shall recycle and properly dispose of packaging materials and wastes in accordance with the relevant state regulations.

Article 24

People's governments at or above the county level shall take measures to step up the development of agricultural production bases, promote the establishment of agricultural standardization demonstration projects and improve the conditions for producing agricultural products.

Chapter IV Production of Agricultural Products

Article 25

The competent departments of agriculture and rural affairs of the local people's governments at or above the county level shall, in light of the actual local circumstances, develop technical requirements and operating procedures to ensure the quality and safety of agricultural products, and strengthen the training and guidance for producers and sellers of agricultural products.

Institutions for agricultural technology promotion shall improve the training for producers and sellers of agricultural products on knowledge about quality and safety, as well as relevant skills. The state encourages scientific research and educational institutions to provide training on the quality and safety of agricultural products.

Article 26

Enterprises that produce agricultural products, specialized farmers' cooperatives, and specialized agricultural service providers shall strengthen the quality and safety management of agricultural products.

An enterprise that produces agricultural products shall develop an agricultural product quality and safety management system and employ corresponding technical personnel; if conditions do not allow such employment, the enterprise shall entrust someone with technical expertise with guidance on the quality and safety of agricultural products.

The state encourages and supports enterprises that produce agricultural products, specialized farmers' cooperatives and specialized agricultural service providers to establish and implement hazard analysis and critical control point systems, implement good agricultural standards, and improve the management of the quality and safety of agricultural products.

Article 27

Enterprises that produce agricultural products, specialized farmers' cooperatives and specialized agricultural service providers shall establish production records of agricultural products, which shall truthfully include the following items:

(1) the names, sources, usages, and dosages of agricultural inputs, and the dates of starting and finishing the application of agricultural inputs;

(2) outbreaks of animal epidemics, occurrences of crop diseases and pests, and prevention and treatment thereof; and

(3) dates of harvest, livestock slaughtering or fishing.

Records on the production of agricultural products shall be kept for at least two years. Forging or altering the production records is prohibited.

The state encourages other agricultural product producers to keep production records of agricultural products.

Article 28

In accordance with the provisions of relevant laws and administrative regulations, a licensing system shall be applied to the pesticides, veterinary drugs, feed and feed additives, fertilizers and veterinary instruments that may impair the quality and safety of agricultural products.

The competent departments of agriculture and rural affairs of the people's governments at or above the provincial level shall, on a regular basis or at irregular intervals, conduct random supervisory inspections of such agricultural inputs as pesticides, veterinary drugs, feed and feed additives and fertilizers, which may endanger the quality and safety of agricultural products, and shall publish the results of such random inspections.

Sellers of pesticides and veterinary drugs shall, in accordance with relevant laws and administrative regulations, establish sales ledgers to record such information as purchasers, sales dates and scope of drug application.

Article 29

Producers and sellers of agricultural products shall, in accordance with relevant laws, administrative regulations, relevant compulsory standards of the state, and the regulations issued by the competent department of agriculture and rural affairs under the State Council, use agricultural inputs such as pesticides, veterinary drugs, feed and feed additives and fertilizers in a scientific and reasonable manner, and strictly adhere to the regulations on the time intervals for the safe application of agricultural inputs and the period of suspending the use of such inputs. The use of agricultural inputs in excess of the scope and dosage is prohibited.

It is prohibited to use agricultural inputs or other toxic and hazardous substances that are banned by the state in the production and sales of agricultural products.

Article 30

The production sites of agricultural products and the facilities, equipment, disinfectants and detergents used in production activities shall conform to the relevant quality and safety regulations of the state to prevent pollution to agricultural products.

Article 31

The competent departments of agriculture and rural affairs of the people's governments at or above the county level shall improve supervision, administration and guidance in respect of the use of agricultural inputs, establish and improve the rules for the safe use of such inputs, promote the technology for the science-based use of agricultural inputs, and popularize the use of safe and environmentally friendly agricultural inputs.

Article 32

The state encourages and supports producers and sellers of agricultural products to select high-quality and characteristic varieties of agricultural products, adopt green production technology and whole process quality control technology, produce green and high-quality agricultural products, implement the grading and classification method, improve the quality of agricultural products, and build eminent brands of agricultural products.

Article 33

The state supports the construction of cold chain logistics infrastructure in places of origin of agricultural products, improves the relevant standards, service specifications and supervision and guarantee mechanisms for cold chain logistics of agricultural products, ensures the efficient, unimpeded, safe and convenient cold chain transportation of agricultural products, and expands the market supply of high-quality agricultural products.

Producers and sellers that engage in cold chain logistics of agricultural products shall, in accordance with laws, regulations and relevant quality and safety standards of agricultural products, strengthen the innovation and application of cold chain technology and quality and safety control, implement the inspection and quarantine requirements for agricultural products transported by cold chain and their packaging, means of transport, working environment, etc., and ensure the quality and safety of these agricultural products.

Chapter V Sale of Agricultural Products

Article 34

The agricultural products intended for sale shall meet the quality and safety standards of agricultural products.

Enterprises that produce agricultural products and specialized farmers' cooperatives shall test or entrust a testing agency to test the quality and safety of their products according to the quality and safety control requirements. Agricultural products that fail to pass the quality and safety test shall not be sold and shall be subject to timely control measures.

Agricultural technology popularization institutions and other relevant institutions shall provide agricultural product testing technology services for farmers and other producers and sellers of agricultural products.

Article 35

Antistaling agents, preservatives, additives, packing materials and other substances used in the process of packaging, preservation, storage and transportation of agricultural products shall comply with relevant compulsory standards of the state and other regulations on the quality and safety of agricultural products.

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 and hazardous substances, lest they are polluted.

Article 36

No agricultural products shall be sold under any of the following circumstances:

(1) agricultural products containing pesticides, veterinary drugs or other chemical compounds banned by the state from being used;

(2) agricultural products containing the residues of chemical substances, such as pesticides and veterinary drugs, or toxic and hazardous substances, such as heavy metals, which do not meet the quality and safety standards of agricultural products;

(3) agricultural products containing pathogenic parasites, microorganisms or biological toxins, which are not in conformity with the quality and safety standards of agricultural products;

(4) agricultural products, in production of which, antistaling agents, preservatives, additives, packaging materials, etc. are not used in accordance with the relevant compulsory national standards or other agricultural product quality and safety regulations, or antistaling agents, preservatives, additives, packaging materials, etc. used are not in conformity with the relevant compulsory national standards and other quality and safety regulations;

(5) animals that died from diseases, poisoning or some unknown cause or products made thereof; or

(6) other circumstances where the quality and safety standards of agricultural products are not measured up to.

The agricultural products that are prohibited from being sold according to the provisions of the preceding paragraph shall be disposed of in accordance with the provisions of laws and regulations.

Article 37

A wholesale market for agricultural products shall, according to the regulations, establish or entrust an agency to conduct random tests of the quality and safety of the agricultural products being sold on the site. Where the agency detects any agricultural product that is not in conformity with the quality and safety standards of agricultural products, it shall require the seller to immediately cease selling the products and report the matter to the department of market regulation, the department of agricultural and rural affairs, and other relevant local departments.

Enterprises that sell agricultural products shall establish and improve inspection and verification systems for their incoming goods. No agricultural products that fail to meet the quality and safety standards of agricultural products shall be sold.

When purchasing agricultural products and other food ingredients, food producers shall examine the licenses and conformity certificates in accordance with the provisions of the Food Safety Law of the People's Republic of China. If no conformity certificate can be provided, food producers shall inspect the agricultural products and other food ingredients as required.

Article 38

Where agricultural products to be sold by enterprises that produce agricultural products, specialized farmers' cooperatives, and entities or individuals engaged in the purchase of agricultural products are required to be packaged or attached with a commitment-based conformity certificate and other labels according to regulations, they shall be sold only after they are packaged or attached with the said certificate. Names of the products, places of origin, producers, dates of production, expiry dates, quality grades and other information shall be indicated on packages or labels as required by regulations; and where additives are used, the names of the additives shall be indicated as required. The specific measures shall be formulated by the department of agricultural and rural affairs under the State Council.

Article 39

Enterprises that produce agricultural products and specialized farmers' cooperatives shall implement the provisions of laws and regulations and the relevant compulsory standards of the state, ensure that the agricultural products they sell conform to the quality and safety standards of agricultural products, and issue a commitment-based conformity certificate according to the quality and safety control and testing results, promising not to use banned pesticides, veterinary drugs and other compounds, and that the residues of common pesticides and veterinary drugs used do not exceed the standard. Farmers' households shall be encouraged to issue commitment-based conformity certificates when selling agricultural products. Where there is any special provision on the quality and safety certificates of livestock and poultry products in any law and administrative regulation, such provision shall be observed.

Entities or individuals engaged in buying agricultural products in shall, in accordance with regulations, collect and keep commitment-based conformity certificates or other quality and safety conformity certification documents as required, and shall issue commitment-based conformity certificates as required when selling the purchased agricultural products in mixed-package or sub-package.

The wholesale markets of agricultural products shall establish sound systems for inspection of commitment-based conformity certificates, etc.

The competent departments of agriculture and rural affairs of the people's governments at or above the county level shall provide guidance for the work concerning commitment-based conformity certificates, and strengthen routine supervisory inspections.

The measures for the administration of commitment-based conformity certificates on the quality and safety of agricultural products shall be formulated by the competent department of agriculture and rural affairs under the State Council in conjunction with the relevant departments under the State Council.

Article 40

Producers and sellers of agricultural products who sell agricultural products via online platforms shall, in accordance with the provisions of this Law, the Electronic Commerce Law of the People's Republic of China, the Food Safety Law of the People's Republic of China and other laws and regulations, strictly implement their quality and safety responsibilities to ensure that the agricultural products they sell meet the quality and safety standards. Online platform operators shall strengthen the management of the producers and sellers of agricultural products in the accordance with the law.

Article 41

The State Council shall carry out traceability management of agricultural products listed in the quality and safety traceability catalog of agricultural products. The competent department of agriculture and rural affairs under the State Council shall, in conjunction with the department of market regulation and other relevant departments under the State Council, establish a cooperative mechanism for tracing the quality and safety of agricultural products. The measures for the traceability management of the quality and safety of agricultural products and the traceability catalog shall be formulated by the competent department of agriculture and rural affairs under the State Council in conjunction with the department of market regulation and other relevant departments under the State Council.

The state encourages producers and sellers of agricultural products with access to information technology to collect and retain production records, purchase and sales records and other production and operation information by means of modern information technology.

Article 42

The producers and sellers of agricultural products may, provided that the quality of their products meets the standards for high-quality agricultural products set by the state, apply for the right to use quality labels for agricultural products. It is prohibited to use the quality labels of agricultural products without authorization.

The state strengthens the protection and administration of agricultural products with geographical indications.

Article 43

Agricultural products that belong to genetically modified organisms in agriculture shall be labeled according to the relevant regulations on the safety control over genetically modified organisms in agriculture.

Article 44

Animals and plants and their products that need to be quarantined in accordance with laws shall have quarantine marks and certificates attached thereto.

Chapter VI Supervision and Administration

Article 45

The competent departments of agriculture and rural affairs, departments of market regulation and other departments of the people's governments at or above the county level shall establish a sound cooperation mechanism for the whole process regulation of the quality and safety of agricultural products to ensure the quality and safety of agricultural products at all stages from production to consumption.

The competent departments of agriculture and rural affairs and the departments of market regulation of the people's governments at or above the county level shall strengthen the coordination and law enforcement cooperation in the regulation of the quality and safety of agricultural products in the process of purchase, storage and transportation, report and share the information on the regulation of the quality and safety of agricultural products in a timely manner, and publish the information on the regular regulation of the quality and safety of agricultural products within the scope of their duties and powers.

Article 46

The competent departments of agriculture and rural affairs of the people's governments at or above the county level shall, based on the results of quality and safety monitoring and risk assessment concerning agricultural products and the quality and safety status of agricultural products, formulate plans for random supervisory inspections, determine the priorities, methods and frequencies of such inspections, and implement risk-grading management of the quality and safety of agricultural products.

Article 47

The competent departments of agriculture and rural affairs of the people's governments at or above the county level shall establish sound random inspection mechanisms, and organize and carry out random supervisory inspections of the quality and safety of agricultural products according to the plans for random supervisory inspections.

The ransom supervisory inspection tests of the quality and safety of agricultural products shall be entrusted to agricultural product quality and safety testing agencies that meet the conditions prescribed in this Law. Parties subject to such random inspection shall not be charged any fee; the samples collected shall be paid at the market price and the quantity of samples shall not exceed the quantity as prescribed by the competent department of agriculture and rural affairs under the State Council.

The same batch of agricultural products that have been subjected to random supervisory inspection by a competent department of agriculture and rural affairs shall not be subject to any repeated random inspection by a competent department of agriculture and rural affairs at a lower level.

Article 48

The quality and safety testing of agricultural products shall make full use of the existing qualified testing agencies.

Testing agencies of the quality and safety of agricultural products shall be equipped with appropriate testing toolkits and capabilities, and have passed the evaluation by the competent departments of agriculture and rural affairs of the people's governments at or above the provincial level or by their authorized departments. The specific measures shall be formulated by the competent department of agriculture and rural affairs under the State Council.

Agricultural product quality and safety testing agencies shall be accredited in accordance with the law.

Article 49

The personnel engaged in the quality and safety testing of agricultural products shall have corresponding expertise and practical operation skills, abide by disciplines and laws, and adhere to professional ethics.

An agricultural product quality and safety testing agency shall be responsible for the testing reports issued. The testing reports shall be objective and fair, the testing data shall be authentic and reliable, and it is prohibited to issue false testing reports.

Article 50

The competent departments of agriculture and rural affairs of the local people's governments at or above the county level may adopt the rapid testing methods identified by the competent department of agriculture and rural affairs under the State Council in conjunction with the department of market regulation and other relevant departments under the State Council to carry out random supervisory inspection tests of the quality and safety of agricultural products. Where the results indicate that the agricultural products in question do not conform to the quality and safety standards for agricultural products, the results may be used as evidence of administrative penalties.

Article 51

Where producers and sellers of agricultural products disagree with the results of random supervisory inspection tests, they may, within five days from the date they receive the results, apply for retesting to the competent department of agriculture and rural affairs that conducts the random supervisory inspection or the competent department of agriculture and rural affairs at the next higher level. The original agency and the retesting agency shall not be the same agency.

Where the random supervisory inspection test of the quality and safety of agricultural products is carried out through the rapid testing method, and the inspected party disagrees with the results, the party may apply for retesting within four hours from receiving the test results. Rapid testing methods shall not be used for retesting.

The retesting agency shall issue a testing report within seven workdays from the date of receiving the samples to be retested.

Where damages are caused to the party concerned due to errors in the results of a test, the liability for compensation shall be borne in accordance with the law.

Article 52

The competent departments of agriculture and rural affairs of the local people's governments at or above the county level shall strengthen the regulation of agricultural products, and carry out regular inspections, with a focus on the environment of the places of origin of agricultural products, the purchase and use of agricultural inputs, the production records of agricultural products, and the issuing of commitment-based conformity certificates.

The state encourages and supports primary-level people's organizations for self-governance to establish a working system of information officers for the quality and safety of agricultural products, and assists them in carrying out relevant work.

Article 53

In carrying out supervisory inspections of the quality and safety of agricultural products, the inspectors are entitled to take the following measures:

(1) conducting on-site inspection by entering the production and sale premises to investigate the quality and safety of agricultural products;

(2) consulting and duplicating the production records of agricultural products, purchase and sales ledgers and other information related to the quality and safety of agricultural products;

(3) conducting sampling tests of agricultural products produced and to be sold, agricultural inputs used and other relevant products;

(4) seizing or sealing agricultural products that are proved by evidence to have any quality and safety hazard or agricultural products which, as the test results indicate, fail to meet the quality and safety standards of agricultural products;

(5) seizing or sealing agricultural inputs that are proved by evidence to be likely to endanger the quality and safety of agricultural products or fail to meet the product quality standards, as the test results indicate, and other toxic and hazardous substances;

(6) seizing or sealing facilities, equipment, places and means of transport used for illegal production and sale of agricultural products; and

(7) confiscating the forged agricultural product quality labels.

Producers and sellers of agricultural products shall assist and cooperate in the supervisory inspections of the quality and safety of agricultural products and may not refuse or obstruct supervisory inspections.

Article 54

The departments of agriculture and rural affairs of the people's governments at or above the county level shall step up efforts in developing the credit system for the quality and safety of agricultural products, establish credit records of producers and sellers of agricultural products to record information of administrative penalties, and promote the application and management of the credit information of the quality and safety of agricultural products.

Article 55

Where potential agricultural product quality and safety hazards in agricultural production and sale process are not eliminated in a timely manner, the competent department of agriculture and rural affairs of the local people's government at or above the county level may hold liability-based regulatory talks with the legal representative or the principal person in charge of the producer or seller of agricultural products. The producer or seller in question shall immediately take rectification measures to eliminate the hazards.

Article 56

The state encourages consumer associations and other entities or individuals to conduct public supervision over the quality and safety of agricultural products and to put forward opinions and suggestions on the regulation of the quality and safety of agricultural products. All entities and individuals shall have the right to file charges, complaints or reports against any violation of this Law.

The competent departments of agriculture and rural affairs of the people's governments at or above the county level shall establish a complaint and reporting system for the quality and safety of agricultural products, make public the complaint and reporting channels, and deal with complaints and reports in a timely manner upon receiving them. The departments shall transfer matters beyond their duties to other departments authorized to deal with such matters, and notify the complainants and informants of the transfer in written form.

Article 57

The competent departments of agriculture and rural affairs of the local people's governments at or above the county level shall strengthen the professional and technical training and organize assessment of law enforcement personnel for the quality and safety of agricultural products. The personnel who do not have corresponding expertise and competence shall not engage in law enforcement concerning the quality and safety of agricultural products.

Article 58

The people's governments at higher levels shall supervise the fulfillment of duties regarding the quality and safety of agricultural products by people's governments at lower levels. Where a local people's government fails to fulfill such duties, and prominent problems are presented, the people's government at a higher level may hold a liability-based regulatory talk with the principal persons in charge, and the local people's government in question shall take corrective measures immediately.

Article 59

The competent department of agriculture and rural affairs under the State Council shall, in conjunction with the relevant departments under the State Council, formulate a national emergency response plan for agricultural product quality and safety incidents, and integrate it with the national emergency response plan for food safety incidents.

The local people's governments at or above the county level shall, in accordance with the provisions of relevant laws and administrative regulations and the emergency response plans for agricultural product quality and safety incidents formulated by the people's governments at higher levels, formulate the emergency response plans for agricultural product quality and safety incidents in their respective administrative areas.

In the case of accidents involving the quality and safety of agricultural products, the entities and individuals concerned shall take control measures, and report in time to the people's government at the level of townships or towns and the department of agriculture and rural affairs of the people's government at the county level in the locality. The government and department that receive the report shall deal with the matter without delay according to the emergency response plan for agricultural product quality and safety incidents, and report to the people's government at the same level and the department concerned of the people's government at the higher level. Serious accidents involving the quality and safety of agricultural products shall be reported to the State Council and its relevant departments as required.

No entity or individual may cover up, falsely report, or delay the reporting of accidents related to the quality and safety of agricultural products, or conceal, forge or destroy relevant evidence.

Article 60

The departments of market regulation of the local people's governments at or above the county level shall, in accordance with this Law, the Food Safety Law of the People's Republic of China and other laws and regulations, conduct supervisory inspections of the production and operation of agricultural products after they enter the wholesale and retail markets or production and processing enterprises.

Article 61

Where the competent department of agriculture and rural affairs, department of market regulation or other departments of the people's government at or above the county level find that any illegal act related to the quality and safety of agricultural products is suspected to constitute crimes, the case shall be transferred to a public security organ in a timely manner. The public security organ shall carry out an examination in a timely manner, and shall put the case on file for investigation if it believes that there are facts of crimes entailing criminal liability.

If the public security organ finds that the case does not involve criminal liability in accordance with the law but that administrative penalties shall be imposed, it shall, in a timely manner, transfer the case to the competent department of agriculture and rural affairs, department of market regulation or any other department, and the relevant department shall handle the case in accordance with the law.

In the event that the public security organ requests the competent department of agriculture and rural affairs, department of market regulation, environmental protection department or any other relevant department to provide testing conclusions or identification opinions, or to provide assistance in the harmless disposal of the agricultural products involved in the case, the department in question shall provide such conclusions, opinions or assistance in a timely manner.

Chapter VII Legal Liability

Article 62

Where local people's governments at all levels violate this Law and commit any one of the following acts, the directly responsible persons in charge and other directly responsible persons shall be given a warning, demerit, or major demerit; and they shall be demoted or removed from office where serious consequences are caused:

(1) failing to identify relevant departments' duties for the regulation of the quality and safety of agricultural products, failing to establish and improve the work mechanism for the quality and safety of agricultural products, or failing to fulfill the duties for the regulation of the quality and safety of agricultural products; or

(2) failing to formulate an emergency response plan for agricultural product quality and safety incidents in their respective administrative areas, or the emergency response plan is not implemented as required upon the occurrence of agricultural product quality and safety accidents.

Article 63

Where competent departments of agriculture and rural affairs and other departments of the people's governments at or above the county level violate this Law and commit any one of the following acts, the directly responsible persons in charge and other directly responsible persons shall be given a major demerit. If the circumstances are relatively serious, they shall be demoted or removed from office. If the circumstances are serious, they shall be dismissed. If serious consequences are caused, the principal person in charge shall resign to assume accountability:

(1) covering up, falsely reporting, or delaying the reporting of agricultural product quality and safety accidents, or concealing, forging or destroying relevant evidence;

(2) failing to investigate agricultural product quality and safety accidents as required, or failing to tackle with such accidents in a timely manner upon receiving the report, thus causing an escalation of the situation or the spread of the consequences;

(3) failing to take timely countermeasures after discovering major hazards in the quality and safety of agricultural products, resulting in agricultural product quality and safety accidents or adverse social impacts; or

(4) failing to perform regulatory duties concerning the quality and safety of agricultural products, which leads to agricultural product quality and safety accidents.

Article 64

Where, in performing regulatory duties concerning the quality and safety of agricultural products, the competent departments of agriculture and rural affairs, departments of market regulation and other departments of local people's governments at or above the county level, take law enforcement measures such as inspections and compulsory measures in an illicit way, which causes damage to the producers or sellers of agricultural products, the departments in question shall be liable for compensation in accordance with the law, and the directly responsible persons in charge and other directly responsible persons shall be sanctioned in accordance with the law.

Article 65

Where an agricultural product quality and safety testing agency or a testing staff member issues a false testing report, the competent department of agriculture and rural affairs of the people's government at or above the county level shall confiscate the test fee involved. If the test fee is less than RMB 10,000 yuan, a fine of not less than RMB 50,000 yuan but not more than RMB 100,000 yuan shall be imposed; if the test fee is not less than RMB 10,000 yuan, a fine of not less than 5 times but not more than 10 times the test fee shall be imposed. The directly responsible persons in charge and other directly responsible persons shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan. If the legitimate rights and interests of consumers are damaged, the agricultural product quality and safety testing agency shall bear joint and several liability with the producers and sellers of agricultural products.

A testing staff member who has been subjected to criminal punishment due to illegal acts related to agricultural product quality and safety or who has caused major agricultural product quality and safety accidents by issuing false testing reports shall be permanently prohibited from engaging in quality and safety testing of agricultural products. An agricultural product quality and safety testing agency shall not employ such a person.

If an agricultural product quality and safety testing agency commits any of the illegal acts mentioned in the preceding two paragraphs, the competent department or agency that granted qualifications to the testing agency shall revoke the qualification certificates of the testing agency.

Article 66

In the case of violating this Law and planting, breeding, capturing or collecting special agricultural products or establishing production bases for special agricultural products in areas where the production of special agricultural products is prohibited, the competent department of agriculture and rural affairs of the local people's government at or above the county level shall order the violator to cease the illegal act, confiscate the agricultural products and illegal proceeds, and impose a fine not less than the amount of illegal proceeds but not more than three times the amount.

In the case of violating laws and regulations and discharging waste water or exhaust gas or dumping solid wastes or other toxic and harmful substances to the places of origin of agricultural products, the violator shall be dealt with and punished according to the provisions of the laws and regulations on environmental protection. If damages are caused, the violator shall be liable for compensation in accordance with the law.

Article 67

Where a producer, seller or user of agricultural inputs such as pesticides, fertilizers and agricultural films fails to recycle and properly dispose of the packaging materials or wastes as required, the competent department of agriculture and rural affairs of the local people's government at or above the county level shall deal with and punish the said producer, seller or user in accordance with the relevant laws and regulations.

Article 68

Where an enterprise that produces agricultural products violates this Law and has one of the following circumstances, the department of agriculture and rural affairs of the local people's government at or above the county level shall order it to make corrections within a prescribed time limit. If it fails to make corrections within the prescribed time limit, it shall be fined not less than RMB 5,000 yuan but not more than RMB 50,000 yuan:

(1) failing to establish an agricultural product quality and safety management system;

(2) failing to employ corresponding technical personnel for managing the quality and safety of agricultural products, and failing to entrust someone with technical expertise with guidance on the quality and safety of agricultural products.

Article 69

Where an enterprise that produces agricultural products, a specialized farmers' cooperative or a specialized agricultural service provider fails to establish or keep the production records of agricultural products in accordance with this Law, or forges or alters the production records of agricultural products, the department of agriculture and rural affairs of the local people's government at or above the county level shall order it to make corrections within a prescribed time limit. If it fails to make corrections within the prescribed time limit, it shall be fined not less than RMB 2,000 yuan but not more than RMB 20,000 yuan.

Article 70

Where a producer or seller of agricultural products violates this Law and commits any of the following acts, which does not constitute a crime, the department of agriculture and rural affairs of the local people's government at or above the county level shall order the producer or seller to suspend production or operation, recall the agricultural products that have been sold, carry out harmless treatment or supervise the destruction of the agricultural products that have been illegally produced for selling, and confiscate the illegal gains, and may confiscate the tools, equipment, raw materials and other articles used for the illegal production or operation. Meanwhile, the producer or seller shall be fined not less than RMB 100,000 yuan but not more than RMB 150,000 yuan if the value of the agricultural products involved in the illegal production or operation is less than RMB 10,000 yuan, and shall be fined not less than 15 times but not more than 30 times the value of the agricultural products involved in the illegal production or operation if the value is not less than RMB 10,000 yuan; and the fine imposed shall be not less than RMB 1,000 yuan but not more than RMB 10,000 yuan for each rural household engaged in such violations. If the circumstances are serious, the business license, if any, shall be revoked, and the directly responsible persons in charge and other directly responsible persons may be detained by the public security organ for not less than five days but not more than fifteen days:

(1) using agricultural inputs banned by the state or other toxic and hazardous substances in the course of the production and operation of agricultural products;

(2) selling agricultural products containing pesticides, veterinary drugs or other chemical compounds banned by the state; or

(3) selling animals that have died from diseases, poisons or unknown causes, or products made therefrom.

Where any entity or individual provides the producer or seller of agricultural products with production and operation premises or other conditions while knowing that such a producer or seller engages in illegal acts specified in the preceding paragraph, the competent department of agriculture and rural affairs of the local people's government at or above the county level shall order the entity or individual to cease the illegal act, confiscate the illegal proceeds and impose a fine of not less than RMB 100,000 yuan but not more than RMB 200,000 yuan. If the legitimate rights and interests of consumers are damaged, the abovementioned entity or individual shall bear joint and several liabilities with the producer or seller of agricultural products.

Article 71

Where a producer or seller of agricultural products violates this Law and commits any of the following acts, which does not constitute a crime, the department of agriculture and rural affairs of the local people's government at or above the county level shall order the producer or seller to suspend production and operation, recover the agricultural products that have been sold, carry out harmless treatment or supervise the destruction of the agricultural products that have been illegally produced for selling, confiscate the illegal proceeds, and may confiscate the tools, equipment, raw materials and other articles used for illegal production and operation. Meanwhile, the producer or seller shall be fined not less than RMB 50,000 yuan but not more than RMB 100,000 yuan if the value of the agricultural products involved in the illegal production or operation is less than RMB 10,000 yuan, and shall be fined not less than 10 times but not more than 20 times the value of the agricultural products involved in the illegal production or operation if the value is not less than RMB 10,000 yuan. The farmer shall also be fined not less than RMB 500 yuan but not more than RMB 5,000 yuan:

(1) selling agricultural products not in conformity with the quality and safety standards of agricultural products, which contain residues of chemical substances such as pesticides and veterinary drugs, or toxic and hazardous substances such as heavy metals;

(2) selling agricultural products not in conformity with the quality and safety standards of agricultural products, which contain pathogenic parasites, microorganisms or biological toxins; or

(3) selling other agricultural products which are not in conformity with the quality and safety standards of agricultural products.

Article 72

Where a producer or seller of agricultural products violates this Law and commits any of the following acts, the competent department of agriculture and rural affairs of the local people's government at or above the county level shall order the producer or seller to suspend production and operation, recover the agricultural products that have been sold, carry out harmless disposal or supervise the destruction of the agricultural products that have been illegally produced for selling, confiscate the illegal proceeds, and may confiscate the tools, equipment, raw materials and other articles used for illegal production and operation. Meanwhile, the producer or seller shall be fined not less than RMB 5,000 yuan but not more than RMB 50,000 yuan if the value of the agricultural products involved in the illegal production or operation is less than RMB 10,000 yuan, and shall be fined not less than 5 times but not more than 10 times the value of the agricultural products involved in the illegal production or operation if the value is not less than RMB 10,000 yuan. The farmer shall also be fined not less than RMB 300 yuan but not more than RMB 3,000 yuan:

(1) using facilities, equipment, disinfectants, detergents, etc. that are not in conformity with the state regulations on quality and safety on the production sites of agricultural products and in production activities;

(2) not using antistaling agents, preservatives, additives, packaging materials, etc. as required by the relevant compulsory national standards or other regulations on the quality and safety of agricultural products, or failing to use antistaling, preservatives, additives, packaging materials, etc. in a way that conforms to the relevant compulsory national standards or other regulations on the quality and safety of agricultural products; or

(3) storing and transporting agricultural products together with toxic and hazardous substances.

Article 73

In the case of violation of this Law by conducting one of the following acts, the department of agriculture and rural affairs of the local people's government at or above the county level shall, within the scope of their duties, impose criticism and education on the violator and order the violator to make corrections within a prescribed time limit. A fine of not less than RMB 100 yuan but not more than RMB 1,000 yuan shall be imposed if corrections are not made within the prescribed time limit:

(1) an enterprise that produces agricultural products, a specialized farmers' cooperative, or an entity or individual engaged in the purchase of agricultural products fails to issue a commitment-based conformity certificate as required; or

(2) an entity or individual engaged in the purchase of agricultural products fails to collect and keep the commitment-based conformity certificate or other qualification certificates as required.

Article 74

Where a producer or seller of agricultural products uses the quality labels of agricultural products without authorization, or sells such agricultural products with the quality labels used without authorization, the competent department of agriculture and rural affairs of the local people's government at or above the county level shall, within the scope of its duties, order the producer or seller to make corrections, and confiscate their illegal proceeds. Meanwhile, the producer or seller shall be fined not less than RMB 5,000 yuan but not more than RMB 50,000 yuan if the value of the agricultural products involved in the illegal production or operation is less than RMB 5,000 yuan, and shall be fined not less than 10 times but not more than 20 times the value of the agricultural products involved in the illegal production or operation if the value is not less than RMB 5,000 yuan.

Article 75

In the case of violation of the provisions of this Law on the traceability of the quality and safety of agricultural products, the violator shall be ordered to make corrections within a prescribed time limit by the department of agriculture and rural affairs of the local people's government at or above the county level within the scope of the department's duties. If the violator fails to make corrections within the prescribed time limit, it shall be fined not more than RMB 10,000 yuan.

Article 76

In the case of violating this Law and refusing or obstructing the supervisory inspections of the quality and safety of agricultural products, investigation and handling of accidents, sampling tests or risk assessment conducted in accordance with the law, the violator shall be ordered by the competent department within the scope of the department's duties to suspend production or operation and be fined not less than RMB 2,000 yuan but not more than RMB 50,000 yuan. If the violator's act also fits within the acts of violating the administration of public security, penalties in this regard shall be imposed by the public security department.

Article 77

Where the provisions of Food Safety Law of the People's Republic of China stipulate the illegal acts and legal liability related to edible agricultural products after they enter the wholesale and retail markets or production and processing enterprises, the department of market regulation of the local people's government at or above the county level shall impose penalties in accordance with such provisions.

Article 78

Where the acts of violating this Law also constitute a crime, the violator shall be held criminally liable in accordance with the law.

Article 79

In the case of violating this Law and causing physical injury, property losses or other damages to consumers, the violator shall bear civil liability for compensation in accordance with the law. If the property of the producer or seller is insufficient to bear the civil liability for compensation and pay the imposed fine or penalty at the same time, priority shall be given to the fulfillment of the civil liability for compensation.

Where a producer or seller of edible agricultural products pollutes the environment, infringes upon the legitimate rights and interests of multiple consumers, and harms the public interests in violation of this Law, the people's procuratorate may bring a lawsuit before the people's court in accordance with the Civil Procedure Law of the People's Republic of China, the Administrative Procedure Law of the People's Republic of China and other laws.

Chapter VIII Supplementary Provisions

Article 80

The management of the quality and safety of grains in the purchase, storage and transportation processes shall be governed by the laws and administrative regulations relating to grain management.

Article 81

This Law shall enter into force as of January 1, 2023.