Regulations of Jiangsu Province on Agricultural Product Quality Safety

· Document Number：Decree No. 65 of the Standing Committee of the People's Congress of Jiangsu Province

· Area of Law： National Security Public Security

· Level of Authority： Provincial Local Regulations

· Date issued：05-25-2011

· Status： Effective

· Issuing Authority： Jiangsu Province

Decree of the Standing Committee of the People's Congress of Jiangsu Province
(No. 65)
Regulations of Jiangsu Province on Agricultural Product Quality Safety, adopted at the Twenty-second Meeting of the Standing Committee of the Eleventh People's Congress of Jiangsu Province on May 25, 2011, are hereby promulgated and shall enter into effect as of September 1, 2011.
Standing Committee of the People's Congress of Jiangsu Province
May 25, 2011
Regulations of Jiangsu Province on Agricultural Product Quality Safety
(Adopted at the Twenty-second Meeting of the Standing Committee of the Eleventh People's Congress of Jiangsu Province on May 25, 2011)
Chapter I General Provisions
Article 1 The Regulations are enacted in accordance with the Law of the People's Republic of China on Agricultural Product Quality Safety, the Law of the People's Republic of China on Food Safety and other laws and administrative regulations, in light of the specific situation of this Province, and for the purposes of guaranteeing the quality safety of agricultural products, maintaining the health of the general public and promoting the development of agriculture and rural economy.
Article 2 Any units and individuals that engage in production and operation of agricultural products and other activities related to the quality safety of agricultural products within the administrative regions of this Province shall abide by the Regulations.
Article 3 The local people's government at or above the county level shall exert an unified leadership and coordinate the work on quality safety of agricultural products within corresponding respective administrative region, incorporate the quality safety of agricultural products into the development planning for the national economy and the society at the corresponding level, set up quality safety work coordinating system of agricultural products, perfect the supervision system and service system for the quality safety of agricultural products, clearly define the responsibilities of all the departments, implement work measures and ensure the safety of production and consumption of agricultural products. The fund for the supervision of the quality safety of agricultural products shall be incorporated into the fiscal budgets at the corresponding level.
The people's government at the town (township) level shall strengthen the guidance of the production and operation of agricultural products, perfect the supervision and service mechanism for the quality safety of agricultural products, implement the supervision responsibility for quality safety of agricultural products, assist in perfecting the supervision and administration work on the environment of the production area and agricultural input products within the corresponding administrative regions.
Article 4 The competent administrative departments of agriculture (including fishery, the same hereinafter ) of the local people's government at or above the county level shall, in the corresponding administrative regions, be responsible for the administering the quality of agricultural products, carrying out routine monitoring, supervision, inspection, and administration and guidance of agricultural input products, and organizing investigations of and dealing with the quality and safety accidents of agricultural products jointly with the relevant departments. The competent departments of industrial and commercial administration, public health, quality supervision, commerce, environment protection, food and drug supervision and food at or above the county level and the entry-exit inspection and quarantine institutions of the corresponding regions shall, according to their respective duties and responsibilities, be in charge of the administrative work on the quality safety of agricultural products within the corresponding administrative regions.
Article 5 The local people's government at or above the county level shall strengthen the construction of modern agriculture, change the mode of agricultural development, support the scientific and technical research on the quality safety of agricultural products, promote advanced and safe production technologies and improve the quality safety level of agricultural products.
The local people's governments at various levels and relevant departments shall strengthen the publicity of the knowledge of the quality safety of agricultural products, raise the public awareness of the quality safety and guarantee the safe consumption of agricultural products.
Article 6 The producers and operators of agricultural products shall be supported and guided to establish or join specialized farmers' cooperative economic organizations or agricultural products industry associations according to law.
Specialized farmers' cooperative economic organizations and agricultural products industry associations shall strengthen self-discipline management, publicize the knowledge of the quality safety of agricultural products, provide information and technical services to their members and guide them to conduct production and operation of agricultural products according to law.
Article 7 The producers and operators of agricultural products shall conduct production and operation according to law, regulation and the standard for the quality safety of agricultural products, take the responsibility for the general public and guarantee the quality safety of agricultural products.
Chapter II Producing Area of Agricultural Products
Article 8 The competent administrative departments of agriculture of the local people's government at or above the county level shall establish and perfect the safety monitoring and management mechanism for the producing areas of agricultural products, and conduct inspection, monitoring and evaluation on the safety of the producing areas of agricultural products.
The environment of the producing areas of hazard-free agricultural products, green food, organic agricultural products shall be examined every three years in accordance with the provisions.
Article 9 The competent administrative department of agriculture of the local people's government at or above the county level shall establish monitoring sites for the safety of the producing areas of agricultural products in the regions hereinafter:
(1) the producing areas of agricultural products around industrial and mining enterprises;
(2) the producing areas of agricultural products in the suburbs of large or medium-sized cities;
(3) the major producing areas of agricultural products;
(4) the producing areas of agricultural products at both sides of major transportation trunk lines such as the national and provincial highways; and
(5) other areas in which monitoring is necessary.
Article 10 The competent administrative department of agriculture of the local people's government at or above the county level shall, in accordance with the breed features of the agricultural products, the condition of atmosphere, soil, poisonous and hazardous substances in water bodies of the producing areas and other factors, put forward suggestions on delimiting specific areas where producing agricultural products is prohibited and submit them to the people's government at the corresponding level for approval and promulgation after passing the expert argumentation organized by the competent administrative department of agriculture of the provincial people's government.
Where the safety condition of the specific areas where producing agricultural products is prohibited has been improved and has complied with the relevant standards, adjustments shall be undertaken according to the procedure prescribed in the preceding paragraph.
Article 11 The local people's government at or above the county level shall take effective measures, guide the structure adjustment of agriculture, organize the restoration and control work in the producing areas which fail to comply with the specific safety standard of producing areas of agricultural products.
Article 12 The producers of agricultural products shall be encouraged and supported to apply for the producing area certificates for the quality safety of agricultural products.
Chapter III Operation of Agricultural Input Products
Article 13 The competent administrative departments of agriculture of the local people's government at or above the county level and other relevant departments shall, according to law, strengthen the supervision and administration of the operation of agricultural input products.
Article 14 The competent administrative department of agriculture of the provincial people's government shall conduct supervision and spot-checks on insecticides, veterinary drugs, feed and feed additives, growth regulating agents, fertilizers and other agricultural input products that may endanger the quality and safety of agricultural products and promulgate the results of the spot-check to the society. No charges shall be collected for the supervision or spot-check.
Article 15 The operators of agricultural input products shall provide product instructions and safe usage guidance for their products and shall not sell agricultural input products that are explicitly prohibited by the State.
Article 16 The operators of agricultural inputs shall make operation archives for agricultural input products where the names of the agricultural input products, the sources of the goods, the purchasing date, the purchasing amount, the producing enterprises, producing date, approval numbers, sales date, sales targets, sales quantity and sales personnel are recorded.
The preservation period of the operation archives for agricultural input products shall not be less than two years. It is prohibited to forge the operation archives for agricultural input products.
Chapter IV Production of Agricultural Products
Article 17 The competent administrative department of agriculture of the local people's government at or above the county level shall, in accordance with the standards of the quality safety of agricultural products, guide the producers of agricultural products to implement relevant operation procedures and production technical requirements, promote the standardized production of agricultural products, and encourage and support the production of high quality agricultural products.
The institutions for promoting agriculture technologies shall strengthen the training for the producers of agricultural products on the knowledge and skills for quality safety, guide and supervise the production of agricultural products.
Article 18 The producers of agricultural products shall, in accordance with the standards and relevant provisions of the quality safety of agricultural products, utilize insecticides, veterinary drugs, feed and feed additives, growth regulating agents, fertilizers and other agricultural input products in a reasonable way, conform to the safety interval period, drug withdrawal time and other usage system and standard of agricultural input products, and shall not utilize agricultural inputs beyond the prescribed scope and amount.
The producers of agricultural products shall timely retrieve and clear off all the wastes in the process of using agricultural input products.
Article 19 The following acts are prohibited in the production of agricultural products:
(1) utilizing the agricultural inputs that are explicitly prohibited by the State;
(2) utilizing the human drugs as the veterinary drugs;
(3) utilizing insecticides or other poisonous and hazardous substances to fish and hunt;
(4) utilizing insecticides, veterinary drugs, feed and feed additives and growth regulating agents in violation of the provisions;
(5) harvesting, slaughtering and fishing agricultural products that fail to reach the safety interval period or the drug withdrawal time;
(6) producing agricultural products that are prohibited in the specific areas where producing agricultural products is prohibited;
(7) utilizing substances harmful for human health to wash, sort, preserve, pack, store and transport agricultural products; and
(8) other acts which are forbidden by laws and regulations.
Article 20 Agricultural products producing enterprises and specialized farmers' cooperative economic organizations shall examine the quality and safety of agricultural products by themselves or entrust examination institutions to do so, and provide authentic and valid qualification certificates and producing area certificates to the agricultural products purchasers.
The agricultural products that fail to comply with standards of the quality safety of agricultural products after examination shall not be sold and shall be innocuously treated or destroyed.
Article 21 The agricultural products producing enterprises, specialized farmers' cooperative economic organizations engaging in producing agricultural products and farmers with certain production scale shall keep records of the whole production process and the inspected situations . The specific production scale and production record format shall be decided by the competent administrative department of agriculture of the people's government at the county level.
The preservation period of production records for agricultural products shall not be less than two years. It is prohibited to forge production records for agricultural products.
Chapter V Packages and Marks for Agricultural Products
Article 22 The competent administrative department of agriculture of the local people's government at or above the county level shall establish and perfect the traceability system for the quality and safety of agricultural products, strengthen the administration of the packages and marks of agricultural products, encourage and guide the producers and operators of agricultural products to pack and mark agricultural products.
Article 23 The agricultural products producing enterprises, specialized farmers' cooperative economic organizations and the units and individuals engaging in wholesale of agricultural products shall pack their agricultural products or mark them by adopting the form of marking plates, marking belts and instruction manuals. The agricultural product whose package is opened or the agricultural product which is sold in bulk shall be marked on the container or the outer package.
Article 24 The materials, containers for packing agricultural products and anti-staling agents, anticorrosive agents, additives and other substances used shall comply with relevant mandatory technical standards of the State.
The packing sites and the water used shall comply with hygienic requirements and necessary freezing and sterilizing facilities shall be equipped.
Article 25 The package and mark of the agricultural product shall, according to the provisions, clearly indicate the name of the product, the production date, the producing area, freshness period, and the name, address and contact method of the producer or the operator. Where there is the grading standard, the quality grade of the product shall be clearly indicated; where additives are utilized, the name and amount of the additives shall be clearly indicated.
The language used on the package or in the mark shall be standardized Chinese. The contents of the label shall be accurate, clear and noticeable and shall not include false and exaggerated contents. Imported agricultural products shall enclose instructions in Chinese.
Article 26 Where the agricultural products or their packages utilize marks such as hazard-free agricultural product, green food, organic agricultural product, geography mark of the agricultural products or well-known brand of agricultural product, corresponding certificates shall be obtained.
It is prohibited to forge, fraudulently use, transfer, trade agricultural products quality certificate marks and use them beyond expiry date and prescribed scope.
Article 27 Agricultural products that fall within the scope of the agricultural genetically modified organisms shall be marked according to the relevant provisions on safety administration of the agricultural genetically modified organisms.
Chapter VI Operation of Agricultural Products
Article 28 The agricultural products shall not be sold under any of the following situations:
(1) including insecticides, veterinary drugs and other chemical substances that are prohibited to use by the State;
(2) insecticides, veterinary drugs, feed additives, growth regulating agents in which chemical residues or heavy metals and other poisonous and hazardous substances that fail to comply with the standards of the quality safety of agricultural products;
(3) products that contain pathogenic parasites, microorganisms or microbial toxin that fail to comply with the standards of the quality safety of agricultural products;
(4) the materials for packing, anti-staling agents, anticorrosive agents, additives and other substances that fail to comply with relevant mandatory technical standards of the State;
(5) animals, plants and products made from them that are subjected to quarantine inspection according to law but fail to undergo or pass quarantine inspection, or livestock, poultry and products made from them that fail to wear immunity and quarantine marks according to the provisions;
(6) the poultry and livestock that died of diseases, poisoning or unknown reasons and products made therefrom; or
(7) and other agricultural products that fail to comply with the standards of the quality safety of agricultural products.
Article 29 The market access system of the quality safety of agricultural products shall be implemented.
Agricultural products that enter agricultural products wholesale markets for trade shall have valid producing area (quarantine) certificates, testing reports or the photocopies (the stamps of the unit are required ) of the certificates of hazard-free agricultural product, green food, organic agricultural product, and geography mark of the agricultural product .
Agricultural products without producing area certificates and testing reports or that fail to get relevant certificates may enter the markets for trade only after passing the on spot examinations.
Article 30 Agricultural products wholesale markets shall conduct spot-checks of the agricultural products that enter the markets; where they find out products that fail to comply with the standards of the quality safety of agricultural products, they shall require the sellers to immediately stop selling and timely report to the the competent administrative departments of agriculture and the industrial and commercial administration departments of the place where the markets are located.
Article 31 Agricultural products wholesale markets and agricultural products selling enterprises shall take on the following duties in their operating activities of agricultural products:
(1) establishing the system of the quality safety of agricultural products and operation and management archives, providing full time (part time) management personnel for quality safety and testing facilities that meet the requirements of trade amount and trade type;
(2) checking the inspection and quarantine certificates of agricultural products and other certificates;
(3) guaranteeing the operation places are clean and sterilizing the places and appliances regularly;
(4) where they find out hidden dangers of the quality safety of agricultural products, they shall stop selling immediately and cooperate with the producers to recall the agricultural products that fail to comply with the standards of the quality safety of agricultural products or that have hidden dangers of the quality safety; and
(5) cooperating with relevant administrative administration departments to strengthen the supervision and administration of the quality safety of agricultural products.
Agricultural products wholesale markets shall sign agreements on the quality safety of agricultural products with the operators of agricultural products who enter the markets and clearly define the responsibility of quality safety; where they find out the operators conduct illegal acts in respect of the quality safety of agricultural products, they shall timely stop such acts and immediately report to the competent administrative departments of agriculture and the industrial and commercial administration departments of the place where the markets locate.
Article 32 Agricultural products wholesale operators shall open accounts for the purchase and sale of agricultural products, record names, sources, sales destinations and sale amount of agricultural products according to the facts.
Accounts for the purchase and sale of agricultural products shall be kept for no less than two years. It is prohibited to forge accounts for the purchase and sale of agricultural products.
Article 33 Where agricultural products producing enterprises and specialized farmers' cooperative economic organizations find out their agricultural products fail to comply with the standards of the quality and safety of agricultural products or there are hidden dangers of the quality safety of agricultural products, they shall immediately notify the operators of the agricultural products to stop selling them, tell consumers to stop using them, recall the products voluntarily and record the information of recall and notification.
Where agricultural products operators find out their agricultural products fail to comply with the standards of the quality safety of agricultural products or there are hidden dangers of the quality safety of agricultural products, they shall immediately stop selling them, cooperate with the producers to recall the agricultural products that have been sold, notify relevant producers, operators and consumers, and record the information of ceasing sale and notification.
Where agricultural products producing enterprises, specialized farmers' cooperative economic organizations and agricultural products operators recall their agricultural products, they shall report to the competent administrative departments of agriculture and the industrial and commercial administration departments of the place where the markets locate and take measures to remedy, innocuously treat or destroy the recalled agricultural products.
Chapter VII Supervision and Inspection
Article 34 The local people's governments at or above the county level shall organize the formulation and implementation of the annual supervision and administration plan for the quality safety of agricultural products within the corresponding regions.
Article 35 The competent administrative departments of agriculture of the local people's government at or above the county level shall strengthen the supervision and administration of the quality safety of agricultural products, formulate and implement the supervision and administration plans for the quality safety of agricultural products, conduct supervision and spot-check of agricultural products in production or for sale on the market, and shall not collect any fee for the supervision and spot-check. Anyone who undergoes a spot check shall render support and anyone who rejects the spot check shall be prohibited to sell his agricultural products.
The competent administrative departments of agriculture of the local people's government at or above the county level may, in the supervision and inspection of the quality safety of agricultural products, conduct on spot inspections of agricultural products in production or for sale, close down and detain agricultural products that fail to comply with the standards of the quality safety of agricultural products after the inspection, and investigate and handle the illegal acts according to law or put forward handling suggestions.
Article 36 The competent administrative departments of agriculture of the provincial people's government shall strengthen the supervision and spot check of hazard-free agricultural products, green foods and organic agricultural products and promulgate the results of the supervision and spot-check to the society; where they find out the examination results fail to comply with relevant standards, they shall notify relevant certification and authentication institutions.
Article 37 The competent administrative department of agriculture of the provincial people's government shall strengthen the evaluation and administration of the examination institutions of the quality safety of agricultural products.
The examination institutions of the quality safety of agricultural products may conduct examination of the quality safety of agricultural products only after obtaining the metrological certificates and passing the assessments.
Article 38 The industrial and commercial administration departments at or above the county level shall, according to their respective duties and responsibilities, and the provisions of the Law of the People's Republic of China on Quality Safety of Agricultural Product, strengthen supervision and administration, investigate and handle agricultural products that fail to comply with the standards of the quality safety of agricultural products and relevant illegal acts.
Article 39 The competent administrative departments of agriculture of the local people's government at or above the county level, the industrial and commercial administration departments and relevant departments shall, in the supervision and inspection of the quality safety of agricultural products, strengthen their coordination and cooperation, notify each other the information on the quality safety of agricultural products that they obtain and timely investigate and handle illegal acts.
Article 40 The local people's governments at or above the county level shall, according to relevant laws, regulations, contingent pre-plans for rapid response to accidents of the quality safety of agricultural products formulated by the people's government at higher level and the specific situation of their corresponding regions, formulate the contingent pre-plans for rapid response to accidents of the quality safety of agricultural products for their corresponding administrative regions and report them to the people's government at the next higher level for record.
The competent administrative departments of agriculture of the local people's government at or above the county level shall establish the mechanism for rapid response and where an emergent incident of the quality safety of agricultural products occurs, the competent administrative department of agriculture of the people's government at the county level of the place where the incident occurs shall, in conjunction with relevant departments, timely go to the site to investigate, collect evidences and take emergency response measures.
Article 41 The local people's government at or above the county level and relevant departments shall establish the reward system for reports on the quality safety of agricultural products, release the report methods and shall keep confidential for the reporters.
Any unit or individual shall have rights to report illegal acts of the quality safety of agricultural products.
Chapter VIII Legal Liabilities
Article 42 Any agricultural input products operator who, in violation of the provisions in Article 16 of the Regulations, fails to make operation archives for agricultural input products and keep the archives according the provisions, or forges operation archives for agricultural input products shall be ordered by the competent administrative departments of agriculture of the local people's government at or above the county level to make rectification within a prescribed period of time; where he fails to make the rectification at the expiration of the time limit, a fine of not less than RMB500 yuan but not more than 2,000 yuan shall be imposed.
Article 43 Any unit or individual who, in violation of the provisions in Article 19 of the Regulations, conducts any of the following acts in the production of agricultural products shall be ordered by the competent administrative departments of agriculture of the local people's government at or above the county level to stop the illegal act and innocuously treat the agricultural products, and a fine of not less than RMB500 yuan but not more than RMB1,000 yuan be imposed on the individual and a fine of not less than RMB5,000 yuan but not more than 20,000 yuan on the unit; Where a crime is constituted, the criminal liabilities shall be investigated according to law:
(1) utilizing insecticides or other poisonous and hazardous substances to fish and hunt;
(2) utilizing growth regulating agents in violation of the provisions;
(3) harvesting, slaughtering and fishing agricultural products that fail to reach the safety interval period or the drug withdrawal time;
(4) producing agricultural products that are prohibited in the specific areas where producing agricultural products is prohibited; or
(5) utilizing substances harmful for human health to wash, sort, preserve, pack , store or transport agricultural products;
Where anyone utilizes agricultural input products explicitly prohibited by the State or utilizes insecticides, veterinary drugs, feed, or feed additives in violation of provisions, a penalty shall be imposed according to relevant provisions of laws and administrative regulations.
Article 44 Anyone who, in violation of the provisions in Article 20 and the second paragraph of Article 26 of the Regulations, conducts any of the following acts shall be ordered by the competent administrative departments of agriculture of the local people's government at or above the county level to make rectification, his illegal gains shall be confiscated and a fine of not less than RMB5,000 yuan but not more than 10,000 yuan shall be imposed concurrently:
(1) providing false quality certificates and producing area certificates; or
(2) forging, fraudulently using, transferring, trading agricultural products quality certificate marks and using them beyond expiry date and prescribed scope.
Article 45 Where anyone conducts any of the following acts, a penalty shall be imposed by the industrial and commercial administration departments at or above the county level:
(1) Any agricultural products wholesale markets and agricultural products selling enterprises that, in violation of the provisions in the second paragraph of Article 31 of the Regulations, fail to check the inspection and quarantine certificates of agricultural products and other certificates according to the provisions shall be ordered to make rectification and a fine of not less than RMB5,000 yuan but not more than RMB20,000 yuan may be imposed concurrently;
(2) Any agricultural products wholesale markets and agricultural products selling enterprises that, in violation of the provisions in the fourth paragraph of Article 31 of the Regulations, find out hidden dangers of the quality and safety of agricultural products but continue to sell them shall be ordered to make rectification and a fine of not less than RMB10,000 yuan but not more than RMB50,000 yuan may be imposed concurrently, and where the situation is serious, he shall be ordered to suspend business for rectification, and where serious consequence is caused, his business license shall be revoked;
(3) Any agricultural products wholesale operators that, in violation of the provisions in Article 32 of these Regulations, fail to open accounts for the purchase and sale of agricultural products shall be ordered to make rectification and a fine of not less than RMB200 yuan but not more than RMB1,000 yuan may be imposed concurrently; anyone that forges accounts for the purchase and sale of agricultural products shall be ordered to make rectification and a fine of not less than RMB500 yuan but not more than RMB2,000 yuan may be imposed concurrently.
Article 46 The staff members of the local people's government at or above the county level and its relevant departments who neglect their duties, abuse their powers, or engage in malpractice for personal interests in the supervision and administration work for the quality safety of agricultural products shall be given sanctions according to law; where a crime is constituted, the criminal liabilities shall be investigated according to law.
Chapter IX Supplementary Provisions
Article 47 The Regulations shall come into effect as of September 1, 2011.