Grain Security Guarantee Law of the People's Republic of China
Order of the President of the People's Republic of China
(No. 17)
he Grain Security Guarantee Law of the People's Republic of China, as adopted at the 7th Session of the Standing Committee of the Fourteenth National People's Congress of the People's Republic of China on December 29, 2023, is hereby issued and shall come into force on June 1, 2024.
Xi Jinping, President of the People's Republic of China
December 29, 2023
Grain Security Guarantee Law of the People's Republic of China
(Adopted at the 7th Session of the Standing Committee of the Fourteenth National People's Congress on December 29, 2023)
Contents
Chapter I General Provisions
Chapter II Protection of Cultivated Land
Chapter III Grain Production
Chapter IV Grain Reserve
Chapter V Grain Circulation
Chapter VI Grain Processing
Chapter VII Grain Emergency
Chapter VIII Grain Conservation
Chapter IX Supervision and Administration
Chapter X Legal Liability
Chapter XI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution for the purposes of guaranteeing effective grain supply, ensuring national grain security, improving the ability to prevent and resist grain security risks, and maintaining economic and social stability and national security.
Article 2 In the course of the national grain security work, the state is required to follow the leadership of the Communist Party of China, implement the overall national security concept, coordinate development and security, implement the national grain security strategy featuring self-sufficiency based on domestic grain production, guaranteed grain production capacity, moderate imports, and scientific and technological support, insist on the food crop production strategy based on farmland management and application of technology, and improve the capacity of grain production, storage, circulation, and processing, and ensure basic self-sufficiency of grain and absolute security of staple food.
To ensure national grain security, the state needs to adopt an all-encompassing approach to food, establish a diversified food supply system, and develop food resources in an all-round and multi-channel way, to meet the people's consumption demand for food that is rich in variety, of high quality, abundant in nutrition and good for health.
Article 3 The state shall establish a responsibility system for grain security and ensure that both Party committees and governments assume responsibility for grain security. The local people's governments at or above the county level shall assume the specific responsibility for ensuring grain security in respective administrative regions.
The development and reform, natural resources, agriculture and rural affairs, grain and reserves, and other competent departments of the people's governments at or above the county level shall, in accordance with this law and the functions prescribed, cooperate with each other and effectively carry out the grain security guarantee work.
Article 4 The state shall strengthen the macro-control of grain, optimize the structure and regional distribution of grain varieties, make overall use of domestic and international markets and resources, build a scientific, rational, safe and efficient grain supply guarantee system, and improve the grain supply capacity, quality and safety.
The state shall strengthen international cooperation on grain security and maximize the role of international grain trade.
Article 5 The people's governments at or above the county level shall incorporate grain security guarantee into the national economic and social development plans. The relevant departments of the people's governments at or above the county level shall, in accordance with the objectives and tasks of grain security guarantee, develop special plans related to grain security guarantee and implement them after approval under the procedures.
Article 6 The state shall establish and improve the funding mechanism for grain security guarantee, adopt fiscal and financial support policies to strengthen grain security guarantee, improve the coordination and guarantee mechanism for grain production, purchase, storage, transportation, processing and sale, build an industrial belt for national grain security, mobilize the enthusiasm of grain producers and local people's governments in protecting cultivated land, growing grain, and effectively completing the grain security guarantee work, comprehensively promote rural revitalization, promote high-quality development of the grain industry, and enhance the state's capacity for grain security guarantee.
The state shall guide private investors to invest in grain production, storage, circulation, processing and other fields, and protect their legitimate rights and interests.
The state shall guide financial institutions to rationally introduce financial products and services to support grain production, reserve, circulation and processing. The state shall improve the policy-based agricultural insurance system and encourage commercial insurance business.
Article 7 The state shall strengthen scientific and technological innovation capacity and IT application in grain security, support basic research, research and development of key technologies and standardization in the grain field, improve mechanisms for training, evaluation and incentives of scientific and technological talents, promote the transformation of scientific and technological innovation achievements and the popularization and use of advanced technologies and equipment, and improve the scientific and technological support capacity and application level of grain production, reserve, circulation and processing.
Article 8 The people's governments at all levels and relevant departments shall strengthen grain security publicity and education by various forms, raise the awareness of grain security in the whole society, and guide the formation of sound good fashion of cherishing grain and saving grain.
Article 9 Entities and individuals that have made outstanding contributions to the grain security guarantee work of the state shall be commended and rewarded in accordance with the relevant rules of the state.
Chapter II Protection of Cultivated Land
Article 10 The state shall regulate the use of territorial space under the territorial spatial planning, make overall planning and layout of such functional space as agricultural, ecological, and urban areas, designate and implement the red line for the protection of cultivated land and permanent basic farmland, the red line for ecological protection and the boundary for urban development, and strictly protect cultivated land.
The State Council shall determine tasks for the protection of cultivated land and permanent basic farmland by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The local people's governments at or above the county level shall ensure that the total amount of cultivated land and permanent basic farmland within their respective administrative regions is not reduced and their quality is improved.
The state shall establish a compensation system for protection of cultivated land to mobilize the enthusiasm of the subjects responsible for the protection of cultivated land in the protection of cultivated land.
Article 11 The state shall implement a compensation system for occupation of cultivated land and strictly control all types of behaviors of occupying cultivated land; and where it is really necessary to occupy cultivated land, the responsibility for supplementing cultivated land shall be implemented in accordance with the law, so as to supplement cultivated land equal in quantity and quality to the cultivated land occupied.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize the departments of natural resources and the departments of agriculture and rural affairs of the people's governments at the corresponding levels to determine the quantity of supplementary cultivated land, inspect the quality of supplementary cultivated land, and strengthen the tracking and evaluation of the quality of cultivated land.
Article 12 The state shall strictly control the conversion of cultivated land into woodland, grassland, garden land and other agricultural land. Illegal occupation of cultivated land for afforestation and lake digging for landscaping shall be prohibited. It is forbidden to expand the scope of restoration of farmland beyond the plan for returning marginal farmland to forest and grassland approved by the state.
Article 13 Cultivated land shall be mainly used for the production of grain, cotton, oil, sugar, vegetables and other agricultural products and forage fodder. The local people's governments at or above the county level shall, in accordance with the objectives and tasks of ensuring the supply of grain and important agricultural products, strengthen the control over the use of cultivated land for planting, implement the priorities for the utilization of cultivated land, and adjust and optimize the planting structure. Specific measures shall be developed by the competent department of agriculture and rural affairs of the State Council.
The competent department of agriculture and rural affairs of the local people's governments at or above the county level shall strengthen routine supervision over the control over the planting purpose of cultivated land. Villagers' committees and rural collective economic organizations that find any violation of the requirements for control over the planting purpose of cultivated land shall report it to the township people's governments or the competent departments of agriculture and rural affairs of the county people's governments in a timely manner.
Article 14 The state shall establish a strict system for the protection of cultivated land quality, strengthen the construction of high-standard farmland, and, in accordance with the requirements for attaching importance to both quantity and quality, systematic promotion and sustainable utilization, insist on the principles of government leadership and social participation, overall planning and step-by-step implementation, and combination of use and maintenance, and attaching equal importance to construction and management, improve the diversified funding guarantee mechanism, and improve the construction standards and quality.
Article 15 The people's governments at or above the county level shall establish a monitoring network for cultivated land quality and planting purpose, carry out investigations, monitoring and evaluation of cultivated land quality, take measures such as soil improvement, soil fertility cultivation, and treatment and restoration, improve the productivity of fields with medium and low yield, control degraded cultivated land, strengthen the construction and transformation of large and medium-sized irrigated areas, and improve the quality of cultivated land.
The state shall establish a black land protection system to protect the fine production capacity of black land.
The state shall establish and improve the system for cultivated land rotation and fallow, encourage scientific return of crop straw to the fields, and strengthen the construction of farmland protection forest; and support the promotion of green and efficient grain production technologies and promote the improvement of the ecological environment and the sustainable use of resources.
Article 16 The local people's governments at or above the county level shall promote the governance of abandoned land according to local conditions in a classified manner, and take measures to guide the resumption of cultivation of arable land. A contract-awarding party of household contracting may use abandoned land for agricultural production by organizing alternate farming and planting and other means in accordance with the law.
Article 17 The state shall promote the comprehensive utilization of saline-alkali land, develop relevant plans and supporting policies, encourage and guide investment of private investors, explore the development and utilization potentiality of saline-alkali land, carry out treatment and improvement of saline-alkali land in different areas in a classified manner, accelerate the selection of saline-alkali resistant varieties, promote effective practices for improving saline-alkali land, and curb the saline-alkali trend of cultivated land.
Chapter III Grain Production
Article 18 The state shall promote the revitalization of the seed industry, maintain the safety of the seed industry, and promote the high-quality development of the seed industry.
The state shall strengthen the protection, development and utilization of grain crop germplasm resources, build a national base of agricultural germplasm resources, improve the national system for breeding of improved varieties, promote the informationization construction for the protection and management of grain crop germplasm resources, and improve the capacity of seed supply guarantee.
The state shall strengthen the protection of the right to new varieties of plants, support basic and cutting-edge research in breeding and research on applied technologies, encourage scientific and technological innovation and industrial application of grain crop seeds, support joint tackling of key problems in breeding, and cultivate excellent varieties with independent intellectual property rights.
Article 19 The people's governments at or above the provincial level shall establish a seed reserve system, mainly for the needs of grain production and the adjustment to surplus and shortage in the event of disasters.
Article 20 The people's governments at or above the county level shall effectively coordinate the stable supply of agricultural production materials such as fertilizers, pesticides, and agricultural films, guide grain producers to scientifically apply chemical fertilizers and pesticides, rationally use agricultural films, and increase the application of organic fertilizers.
Article 21 The state shall strengthen the management of water resources and the construction of water conservancy infrastructure, optimize the allocation of water resources, and ensure the reasonable water demand of grain production. The people's governments at all levels shall organize the construction, operation and maintenance of farmland water conservancy, protect and improve farmland irrigation and drainage systems, and de......