Regulations on Safety Supervision and Administration of Agricultural Machinery (2019 Revision)

Regulations on Safety Supervision and Administration of Agricultural Machinery (2019 Revision) Regulations on Safety Supervision and Administration of Agricultural Machinery (Promulgated by Order No. 563 of the State Council of the People's Republic of China on September 17, 2009; revised in accordance with the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016; and amended in accordance with the Decision of the State Council to Amend Certain Administrative Regulations on March 2, 2019) Chapter Ⅰ General Provisions Article 1 These Regulations are formulated for the purpose of strengthening the safety supervision and administration of agricultural machinery, preventing and reducing agricultural machinery accidents, and protecting the safety of people's lives and property. Article 2 These Regulations apply to the activities undertaken within the territory of the People's Republic of China, such as the production, sale, maintenance and repair, use and operation, safety supervision and administration of agricultural machinery. The term "agricultural machinery" in these Regulations means machinery and equipment that are used in activities relating to agriculture, such as agricultural production and the primary processing of its products. Article 3 The safety supervision and administration of agricultural machinery shall be governed by the principle of putting people first, preventing accidents, guaranteeing safety and promoting development. Article 4 The people's governments at or above the county level shall strengthen leadership in and improve the system of safety supervision and administration of agricultural machinery, increase subsidies for farmers to purchase agricultural machinery, ensure financial investment in agricultural machinery safety, and establish a sound responsibility system for the safe operation of agricultural machinery. Article 5 The relevant departments of the State Council, the local people's governments at various levels and their relevant departments shall put more effort into publicity and education in laws, regulations, standards and knowledge of agricultural machinery safety. The agricultural production and operation organizations and the owners of agricultural machinery shall give instructions to the operators and the relevant personnel in respect of the safe use of agricultural machinery, so as to increase their safety awareness. Article 6 The State encourages and supports the development, production, widespread use and application of the agricultural machinery that is advanced and appropriate, safe and reliable, energy-saving and environment-friendly, and establishes sound technical standards and operating rules for agricultural machinery safety. Article 7 The State encourages operators and maintenance and repair technicians of agricultural machinery to take part in occupational skills training and set up safety mutual- aid organizations in accordance with law, so as to raise the level of the safe operation of agricultural machinery. Article 8 The State establishes an elimination system for backward agricultural machinery and a retirement system for agricultural machinery that endangers personal or property safety, and recovers the eliminated and retired agricultural machinery in accordance with law. Article 9 The competent agricultural mechanization department, the competent industry department, the market regulatory department and other relevant departments of the State Council shall be responsible for the safety supervision and administration of agricultural machinery in accordance with these Regulations and their respective functions and duties prescribed by the State Council. The competent agricultural mechanization departments and the competent industry departments of the local people's governments at or above the county level, the market regulatory departments at or above the county level, and other relevant departments shall, in compliance with their respective functions and duties, be responsible for the safety supervision and administration of agricultural machinery within their respective administrative areas. Chapter Ⅱ Production, Sale, Maintenance and Repair Article 10 The competent industry department of the State Council shall be responsible for formulating and organizing for the implementation of the industrial policies for the agricultural machinery industry and the relevant plans. The competent standardization department of the State Council shall be responsible for drafting and issuing national technical standards for agricultural machinery safety, and revising the standards in a timely manner in light of the actual conditions. The technical standards for agricultural machinery safety shall be obligatory. Article 11 Agricultural machinery producers shall, in accordance with the industrial policies for the agricultural machinery industry and the relevant plans, arrange production in compliance with the technical standards for agricultural machinery safety and establish a sound quality assurance and control system. Where agricultural machinery is subject to production licensing of industrial products in accordance with law, the producers shall obtain the appropriate qualifications and arrange production in accordance with the scope and terms prescribed in their licenses. Article 12 Agricultural machinery producers shall, in compliance with the technical standards for agricultural machinery safety, inspect agricultural machinery they produce; agricultural machinery may leave the factory and be sold only after it passes the inspection and is accompanied with detailed safe operating instructions and safety warning signs; where agricultural machinery is subject to certification in accordance with law, it shall be marked with the certification symbols before leaving the factory. Where tractors to be driven on roads are subject to certification in accordance with law, they shall be marked with certification symbols before leaving the factory, and shall conform to the national technical standards for motor vehicle safety. Agricultural machinery producers shall establish a factory-gate record-keeping system for their products, faithfully recording the name, specifications, quantity, date of production, batch number, serial number of the quality inspection certificate, purchaser's name and contact details, date of sale, etc. of agricultural machinery. The factory-gate records shall be kept for not less than three years. Article 13 Imported agricultural machinery shall conform to China's technical standards for agricultural machinery safety and pass the inspection by the entry-exit inspection and quarantine institutions in accordance with law. Where the agricultural machinery is subject to certification in accordance with law, the import certificates shall, in addition, be verified by the entry-exit inspection and quarantine institutions. Article 14 Agricultural machinery sellers shall check the quality certificates of agricultural machinery they purchase. Where agricultural machinery is subject to production licensing of industrial products or is subject to certification in accordance with law, the sellers shall check the corresponding certification documents or signs. Agricultural machinery sellers shall establish a sales record-keeping system, faithfully recording the name, specifications, batch number, supplier's name and contact details, areas of distribution, etc. of agricultural machinery. The sales records shall be kept for not less than three years. Agricultural machinery sellers shall explain operation methods and safety precautions of agricultural machinery to the purchasers, and provide sales invoices in accordance with law. Article 15 Agricultural machinery producers and sellers shall establish a sound agricultural machinery sales and service system, and shall assume product quality liability in accordance with law. Article 16 When agricultural machinery producers and sellers find defects in the design and manufacture, etc. of agricultural machinery they produce or sell, which may cause damage to personal or property safety, they shall immediately stop production and sale, and in a timely manner, report the case to the local market regulatory departments, and inform users of agricultural machinery to stop using the machinery. Agricultural machinery producers shall recall the machinery with defects in the design and manufacture, etc. in a timely manner. Where agricultural machinery producers or sellers fail to fulfill the obligations specified in the first paragraph of this Article, the market regulatory departments may order the producers to recall such agricultural machinery and order the sellers to stop selling such agricultural machinery. Article 17 The production and sale of the following types of agricultural machinery shall be prohibited: (1) those that do not conform to the technical standards for agricultural machinery safety; (2) those that are subject to production licensing of industrial products in accordance with law but fail to have such licenses; (3) those that are subject to certification in accordance with law but fail to be certified; (4) those that are assembled with defective parts or with the engine, steering wheel, gearbox, chassis and other components of retired agricultural machinery; and (5) those that are expressly eliminated by the orders of the State. Article 18 Operators of maintenance and repair of agricultural machinery shall have the necessary premises, facilities, equipment and testing instruments for maintenance and repair, have the requisite maintenance and repair technicians, have measures for safety protection and environmental protection. Article 19 Operators of maintenance and repair of agricultural machinery shall abide by the provisions of the State in respect of the technical norms for maintenance quality safety and the maintenance quality warranty period, so as to ensure the maintenance and repair quality. Operators of maintenance and repair of agricultural machinery shall not perform the following acts: (1) using the spare parts that do not conform to the technical standards for agricultural machinery safety; (2) assembling or modifying complete sets of agricultural machinery; (3) maintaining and repairing agricultural machinery that has reached the retirement conditions; or (4) other prohibited acts as prescribed by laws or regulations, or by the competent agricultural mechanization department of the State Council. Chapter Ⅲ Use and Operation Article 20 Operators of agricultural machinery may take part in occupational skills training among such operators, apply for occupational skills verification to the relevant competent agricultural mechanization departments and the human resources and social security departments, and obtain the national occupational qualifications certificates at the appropriate levels. Article 21 Before tractors and combine harvesters are put to use, the owners shall, as required by the competent agricultural mechanization department of the State Council, apply for registration to the competent agricultural mechanization departments of the local people's governments at the county level on the basis of their identity certificates and the certification documents of the sources of agricultur......