Agricultural Product Quality and Safety Law of the People's Republic of China (2022 Revision)

Agricultural Product Quality and Safety Law of the People's Republic of China (2022 Revision)

Order of the President of the People's Republic of China
(No. 120)
The Agricultural Product Quality and Safety Law of the People's Republic of China, as revised and adopted at the 36th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on September 2, 2022, is hereby issued, and shall come into force on January 1, 2023.
Xi Jinping, President of the People's Republic of China
September 2, 2022
Agricultural Product Quality and Safety Law of the People's Republic of China
(Adopted at the 21st Session of the Standing Committee of the Tenth National People's Congress on April 29, 2006, amended in accordance with the Decision to Amend Fifteen Laws Including the Law of the People's Republic of China on the Protection of Wild Animals adopted at the 6th Session of the Standing Committee of the Thirteenth National People's Congress on October 26, 2018, and revised at the 36th Session of the Standing Committee of the Thirteenth National People's Congress on September 2, 2022)
Contents
Chapter I General Provisions
Chapter II Agricultural Product Quality and Safety Risk Management and Standard Development
Chapter III Places of Origin of Agricultural Products
Chapter IV Production of Agricultural Products
Chapter V Sales of Agricultural Products
Chapter VI Supervision and Administration
Chapter VII Legal Liability
Chapter VIII Supplemental Provisions

Chapter I General Provisions

Article 1 This Law is enacted for the purposes of guaranteeing agricultural product quality and safety, maintaining the health of the general public, and promoting the development of agriculture and rural economy.

Article 2 For the purpose of this Law, “agricultural products” means primary products sourced from planting, forestry, animal husbandry and fishery, among others, that is, the plants, animals, and microbes and their products which are obtained from agricultural activities.
For the purpose of this Law, “agricultural product quality and safety” means that the quality of an agricultural product reaches agricultural product quality and safety standards and meets the requirements for guaranteeing human health and safety.

Article 3 This Law shall apply to the production of and trade in agricultural products related to agricultural product quality and safety and the supervision and administration thereof.
The marketing of edible agricultural products, the development of relevant quality and safety standards, the release of relevant safety information, and agricultural inputs, which have been provided for by the Food Safety Law of the People's Republic of China, shall be governed by such provisions.

Article 4 The state shall strengthen agricultural product quality and safety, implement governance at the source, risk management, and full process control, and establish a scientific and rigid regulatory system, so as to build a coordinated and efficient social co-governance system.

Article 5 The agriculture and rural affairs department and the market regulatory department of the State Council shall, according to the functions as prescribed in this Law and relevant provisions, conduct supervision and administration of agricultural product quality and safety.
Other relevant departments of the State Council shall undertake the work related to agricultural product quality and safety as prescribed in this Law and relevant provisions.

Article 6 The local people's governments at or above the county level shall be responsible for the agricultural product quality and safety work within their respective administrative regions, lead, organize, and coordinate in a unified manner the agricultural product quality and safety work within their respective administrative regions, establish and improve the agricultural product quality and safety working mechanisms, and improve the level of agricultural product quality and safety.
The local people's governments at or above the county level shall, in accordance with this Law and relevant provisions, determine the functions of supervision and administration of agricultural product quality and safety of agriculture and rural affairs departments, market regulatory departments and other relevant departments at the same level. All relevant departments shall, within the scope of their functions, be responsible for the supervision and administration of the quality and safety of agricultural products within their respective administrative regions.
The people's governments of towns and townships shall perform the responsibilities for the supervision and administration of agricultural product quality and safety, and assist the people's governments at higher levels and their relevant departments in effectively conducting the supervision and administration of agricultural product quality and safety.

Article 7 Agricultural product producers and traders shall be responsible for the quality and safety of the agricultural products which they produce or trade in.
Agricultural product producers and traders shall engage in production and trade in accordance with laws, regulations, and agricultural product quality and safety standards, have integrity and be self-regulatory, accept supervision from the society, and assume social responsibilities.

Article 8 A people's government at or above the county level shall include the agricultural product quality and safety management work in the plan for national economic and social development at the same level, list the funds needed in the fiscal budgets at the same level, and strengthen the building of agricultural product quality and safety supervision and administration capabilities.

Article 9 The state shall guide and promote the standardized production of agricultural products, encourage and support the production of green and quality agricultural products, and prohibit the production and sale of agricultural products that do not meet the agricultural product quality and safety standards as prescribed by the state.

Article 10 The state shall support scientific and technological research on agricultural product quality and safety, promote and implement scientific quality and safety management methods, and promote advanced and safe production technologies. The state shall strengthen international exchanges and cooperation in the science and technology on agricultural product quality and safety.

Article 11 The people's governments at all levels and relevant departments shall strengthen the publicity of agricultural product quality and safety knowledge, maximize the strengths and roles of basic-level autonomous mass organizations and rural collective economic organizations, direct agricultural product producers and traders to strengthen quality and safety management, and ensure the safety of agricultural product consumption.
News media shall publicize agricultural product quality and safety laws and regulations and knowledge for the public good, and conduct supervision over violations of laws through public opinions. News reports on agricultural product quality and safety shall be true and impartial.

Article 12 Specialized farmers' cooperatives and agricultural products industry associations, among others, shall provide their members with production technical services in a timely manner, establish agricultural product quality and safety management rules, improve agricultural product quality and safety control system, and strengthen self-regulatory management.

Chapter II Agricultural Product Quality and Safety Risk Management and Standard Development

Article 13 The state shall establish a risk monitoring system for agricultural product quality and safety.
The agriculture and rural affairs department of the State Council shall develop the national agricultural product quality and safety risk monitoring plan, and conduct quality and safety risk monitoring of key agricultural product varieties in key areas. The agriculture and rural affairs departments of the people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government shall, according to the national agricultural product quality and safety risk monitoring plan and in light of actual circumstances of production of and trade in agricultural products within their respective administrative regions, develop the implementation plans for agricultural product quality and safety risk monitoring of their respective administrative regions, and file them with the agriculture and rural affairs department of the State Council. The agriculture and rural affairs departments of local people's governments at or above the county level shall be responsible for organizing the agricultural product quality and safety risk monitoring within their respective administrative regions.
After obtaining the relevant agricultural product quality and safety risk information, a market regulatory department or any other relevant department of a people's government at or above the county level shall immediately verify it and notify the agriculture and rural affairs department at the same level. The agriculture and rural affairs departments shall, after being notified, report it in a timely manner. The departments developing agricultural product quality and safety risk monitoring plans and implementation plans shall conduct research and analysis in a timely manner, and make adjustments when necessary.

Article 14 The state shall establish an agricultural product quality and safety risk assessment system.
The agriculture and rural affairs department of the State Council shall form an agricultural product quality and safety risk assessment expert committee to conduct risk analysis and assessment of potential hazards that may affect agricultural product quality and safety. If the health, market regulatory or any other department of the State Council finds that it is necessary to conduct a quality and safety risk assessment of agricultural products, it shall recommend the risk assessment to the agriculture and rural affairs department of the State Council.
The agricultural product quality and safety risk assessment expert committee shall consist of experts in agriculture, food, nutrition, biology, environment, medical science, chemical industry and other fields.

Article 15 The agriculture and rural affairs department of the State Council shall take corresponding management measures based on the results of agricultural product quality and safety risk monitoring and risk assessment, and notify the results of agricultural product quality and safety risk monitoring and risk assessment to the market regulatory, heath and other departments of the State Council and the agriculture and rural affairs departments of the people's governments of relevant provinces, autonomous regions, and municipalities directly under the Central Government in a timely manner.
When conducting agricultural product quality and safety risk monitoring and risk assessment, an agriculture and rural affairs department of a people's government at or above the county level may enter the place of origin, place of storage, and wholesale and retail markets of agricultural products as needed. Payments shall be made at the market prices for the samples taken.

Article 16 The state shall establish and improve the agricultural product quality and safety standard system and ensure the strict implementation thereof. Agricultural product quality and safety standards are standards for compulsory execution, including the following requirements related to agricultural product quality and safety:
(1) Provisions on quality requirements, range of application, usage, dosages, and interval or withdrawal period for the safe use of agricultural inputs.
(2) Requirements for the environment of places of origin of agricultural products, production process management and control, storage, and transportation.
(3) Requirements for key ingredient indicators of agricultural products, among others.
(4) Inspection procedures for slaughtered livestock and poultry.
(5) Other compulsory requirements related to agricultural product quality and safety.
Where the relevant quality and safety standards for edible agricultural products are provided for in the Food Safety Law of the People's Republic of China, such provisions shall prevail.

Article 17 The development and release of agricultural product quality and safety standards shall be governed by the provisions of laws and administrative regulations.
Agricultural product quality and safety standards shall be developed by taking into full account the agricultural product quality and safety risk assessment results, and opinions shall be solicited from agricultural products and traders, consumers, relevant departments, and industry associations, among others, to ensure consumption safety of agricultural products.

Article 18 Agricultural product quality and safety standards shall be revised in a timely manner according to the level of scientific and technological development and the needs for agricultural product quality and safety.

Article 19 The implementation of agricultural product quality and safety standards shall be advanced by the agriculture and rural affairs departments in consultation with relevant departments.

Chapter III Places of Origin of Agricultural Products

Article 20 The state shall establish and improve the monitoring system for the places of origin of agricultural products.
The agriculture and rural affairs departments of the local people's government at or above the county level shall, in conjunction with the ecology and environment, natural resources and other departments at the same level, develop plans for monitoring the places of origin of agricultural products, and strengthen the investigation, monitoring and evaluation of the safety of places of origin of agricultural products.

Article 21 The agriculture and rural affairs departments of the local people's governments at or above the county level shall, in conjunction with the ecology and environment, natural resources and other departments at the same level, and according to the requirements for guaranteeing agricultural product quality and safety and the variety characteristics of agricultural products and the results of the investigation, monitoring and evaluation of the safety of places of origin of agricultural products, make proposals for demarcating areas prohibited from production of specific agricultural products in accordance with laws and regulations on soil pollution prevention and control, and implement such proposals after they are approved by the people's governments at the same level.
No entity or individual may plant, breed, fish, or collect specific agricultural products or establish specific agricultural product production bases within areas prohibited from production of specific agricultural products.
The specific measures for the demarcation and administration of the areas prohibited from production of specific agricultural products shall be developed by the agriculture and rural affairs department of the State Council in consultation with the ecology and environment, natural resources and other departments of the State Council.

Article 22 No entity or individual may discharge or dump waste water, waste gas, solid wastes or other toxic and hazardous substances to a place of origin of agricultural products in violation of relevant environmental protection laws and regulations.
The water used for agricultural production and the solid wastes used as fertilizers shall comply with laws and regulations and meet the requirements of the relevant national compulsory standards.

Article 23 A producer of agricultural products shall use agricultural inputs such as pesticides, veterinary medicines, fertilizers, and agricultural films in a scientific and reasonable manner to prevent pollution to the places of origin of agricultural products.
Producers, traders and users of agricultural inputs such as pesticides, fertilizers and agricultural films shall recycle and properly dispose of packaging and wastes in accordance with relevant provisions issued by the state.

Article 24 The people's governments at or above the county level shall take measures to strengthen the construction of agricultural product bases, promote agricultural standardization demonstration construction, and improve the conditions for production of agricultural products.

Chapter IV Production of Agricultural Products

Article 25 The agriculture and rural affairs department of a local people's government at or above the county level shall, in light of actual local circumstances, develop the requirements on production technologies and operational rules which guarantee agricultural product quality and safety, and strengthen the trainings and guidance of agricultural product producers and traders.
Agricultural technology promotion institutions shall strengthen the trainings of agricultural product producers and traders on quality and safety knowledge and skills. The state shall encourage scientific research and educational institutions to conduct agricultural product quality and safety trainings.

Article 26 Agricultural product production enterprises, specialized farmers' cooperatives, and socialized agricultural service organizations shall strengthen agricultural product quality and safety management.
An agricultural product production enterprise shall establish agricultural product quality and safety management rules, and employ corresponding technical personnel; and if the conditions for employment are not satisfied, the personnel with professional technical knowledge shall be authorized to give guidance on agricultural product quality and safety.
The state shall encourage and support agricultural product production enterprises, specialized farmers' cooperatives, and socialized agricultural service organizations' establishment and implementation of hazard analysis and critical control point systems and implementation of good agricultural practices to improve the level of agricultural product quality and safety management.

Article 27 Agricultural product production enterprises, specialized farmers' cooperatives, and socialized agricultural service organizations shall establish records on the production of agricultural products to faithfully record the following matters:
(1) The names, sources, usage, and dosage of agricultural inputs used and dates of using and stopping using such agricultural inputs.
(2) The occurrence and prevention and control of animal epidemic diseases, crop diseases and insect pests.
(3) The dates of harvest, slaughter or fishing.
Records on the production of agricultural products shall be preserved for at least two years. It is prohibited to forge or alter records on the production of agricultural products.
The state shall encourage other producers of agricultural products to establish records on the production of agricultural products.

Article 28 The pesticides, veterinary medicines, feeds and feed additives, fertilizers, and veterinary apparatus that may affect agricultural product quality and safety shall be subject to the licensing system in accordance with relevant laws and administrative regulations.
The agriculture and rural affairs departments of the people's governments at or above the provincial level shall conduct random supervisory inspections of the pesticides, veterinary medicines, feeds and feed additives, fertilizers, and other agricultural inputs that may endanger agricultural product quality and safety on a regular or irregular basis, and publish the results of random inspections.
Traders of pesticides and veterinary medicines shall establish sales ledgers in accordance with relevant laws and administrative regulations to record purchasers, the dates of sales, and the scope of drug application, among others.

Article 29 Agricultural product producers and traders shall, in accordance with laws, administrative regulations......