Voluntary Report - public distribution

**Date:** 11/1/2006

**GAIN Report Number:** CH6095

CH6096

**China, Peoples Republic of**

**FAIRS Product Specific**

**Law on Farm Product Quality and Safety**

**2006**

**Approved by:**

![](media/image1.wmf)Maurice House

U.S. Embassy

**Prepared by:**

Mark Petry and Wu Bugang

**Report Highlights:**

This report is an UNOFFICIAL translation of the law on "Farm Product
Quality and Safety", which was published by the Chinese National
People's Congress and took effect November 1, 2006. In a bid to improve
the quality and safety of domestically produced agricultural products,
the law outlines the responsibilities of each level of government in
regulating domestic food quality and safety. The law has limited or no
trade impact.

Includes PSD Changes: No

Includes Trade Matrix: No

Unscheduled Report

Beijing \[CH1\]

\[CH\]

**Summary**

The National People's Congress (NPC) approved and issued the law on
"Farm Product Quality and Safety" in April 2006 and it took effect
November 1, 2006. Several recent, well-publicized food safety scares
illustrated confusion regarding responsibility for food safety
inspection and enforcement. In a bid to eliminate these systematic
problems, the law outlines food product quality and safety
responsibilities for each level of government. The new legislation also
emphasizes that all producers that market a product, even small farmers,
must meet basic Chinese food safety and quality criteria. The law
relates to all existing standards and technical regulations, but focuses
on clarifying inspection and enforcement responsibilities. Additional
information on specific Chinese domestic and import food safety
standards can be referenced in FAS GAIN Report CH5055.

Post does not see any trade impact resulting from this law.

BEGIN TRANSLATION**\
**

**People's Republic of China**

**Law on Farm Product Quality and Safety**

*Decree No.49 of the President of the People\'s Republic of China*

Having been approved at the 21^st^ Session of the 10^th^ National
People\'s Congress on April 29^th^, 2006, the *Law of the People's
Republic of China on Farm Product Quality and Safety* is hereby
promulgated and shall enter into force as of Nov 1, 2006.　\
\
Hu Jingtao,

President of the People's Republic of China\
April 29th, 2006　

**Law of the People's Republic of China on Farm Product Quality and
Safety**\
(Adopted at the 21^st^ Session of the 10^th^ National People\'s Congress
on April 29^th^, 2006)

**Chapter 1. General Provisions\
**

Article 1

This law is enacted to ensure farm product quality and safety, maintain
public health, and promote development of agriculture and rural economy.

Article 2

Farm products mentioned in this law refer to preliminary products
originating from agriculture, covering vegetables, animals,
microorganisms and their products.

Farm product quality and safety mentioned in this law refers to quality
of farm products that comply with requirements for maintaining human
health and safety.

Article 3

The executive departments in charge of agriculture under the People's
Government at the county-level or above shall be responsible for
monitoring and management of farm product quality and safety; relevant
executive departments under the People's Government at the county-level
or above shall be responsible for work related to farm product quality
and safety under their jurisdiction.

Article 4

The People's Government at the county level or above shall incorporate
management of farm product quality and safety into their plans for
national economy and social development and allocate dedicated funds for
work related to farm product quality and safety.

Article 5

The People's Government at the county level or above shall be
responsible for integrated leadership and coordination of farm product
quality and safety under their jurisdiction and take necessary measures
to build and improve the farm product quality and safety service systems
so as to enhance the level of farm product quality and safety.

Article 6

The executive departments in charge of agriculture under the State
Council shall establish an expert committee on risk assessment for farm
product quality and safety staffed by experts from relevant fields to
perform risk analysis and assessment on potential hazards that may
affect farm product quality and safety.

The executive department in charge of agriculture under the State
Council shall take administrative measures accordingly to the risk
assessment results for farm product quality and safety and report in a
timely manner the risk assessment results on farm product quality and
safety to relevant departments under the State Council.

Article 7

The executive department in charge of agriculture under the State
Council and the executive departments under the province level,
autonomous region and municipality shall publish information concerning
the status of farm product quality and safety in line with their
authority and responsibilities.

Article 8

The central government guides and promotes standardized production of
farm products, encourages and supports production of quality farm
products, and prohibits production and sale of farm products that are
not in compliance with farm product quality and safety standards
established by the government.

Article 9

The government supports science and technology research on farm product
quality and safety, facilitates scientific management methods on quality
and safety, and promotes advanced and safe production technologies.

Article 10

The People's Government at different levels and relevant departments
shall strengthen propaganda about farm product quality and safety
knowledge, increase awareness of the public about farm product quality
and safety, provide guidance for producers and sellers of farm products
to improve quality and safety management, and safeguard consumption of
farm products.　　\
\
**Chapter 2. Farm Product Quality and Safety Standards**

Article 11

The government shall establish and perfect the mechanism for farm
product quality and safety. Farm product quality and safety standards
are mandatory technical regulations.

Formulation and publication of farm product quality and safety standards
shall be in line with provisions of relevant laws and administrative
regulations.

Article 12

In formulating farm product quality and safety standards, it is
necessary to take into full account the results of risk assessment on
farm product quality and safety and listen to opinions of farm product
producers, sellers and consumers to ensure safe consumption.

Article 13

Farm product quality and safety standards shall be amended in a timely
manner along with the development level of science and technologies and
the needs of farm product quality and safety.

Article 14

Farm product quality and safety standards shall be implemented by the
executive departments in charge of agriculture in consultation with
relevant departments.\
\
**Chapter 3. Farm product origin**

Article 15

For the sake of protecting farm product quality and safety, if the
executive departments in charge of agriculture under the People's
Government at the county level or above believe that certain areas are
not suitable for producing specific farm products due to variety
properties and the status of toxic and harmful substances in air, soil,
and water within the production areas, they shall identify and make
public the prohibited areas after being ratified by government at the
corresponding level. Specific measures will be formulated by the
executive department for agriculture of the State Council in
consultation with the State Council's executive department in charge of
environment protection.

Adjustment of areas prohibited from production of farm products shall be
made in accordance with procedures of the preceding paragraph.

Article 16

People's government at the county level or above shall take actions to
strengthen the construction of agricultural production bases and improve
conditions for production of farm products.

The executive departments in charge of agriculture under the People's
Government at the county level or above shall take actions to push the
construction of model areas of standardized production, demonstration
farms, livestock and poultry breeding farms and epidemic-free zones to
facilitate and ensure farm product quality and safety.

Article 17

It is strictly prohibited to produce, fish or collect edible farm
products or establish agricultural production bases in areas where the
amount of toxic and hazardous substances exceeds the specified levels.\
\
Article 18

It is strictly prohibited to discharge or pour wastewater, waste gas,
solid wastes or other toxic and hazardous substances to agricultural
production areas in violation of laws and regulations.

Water used for agricultural production and solid articles used as
fertilizers shall comply with standards established by the government.　

Article 19

Producers of farm products shall make proper use of chemical products
such as fertilizers, pesticides, veterinary drugs and thin film to
prevent pollution in agricultural production areas.\
\
**Chapter 4. Production of Farm Products\
**

Article 20

The executive department in charge of agriculture under the State
Council as well as executive departments in charge of agriculture under
the People's Government at the provincial level, autonomous region and
municipality shall develop production technical requirements and
operation specifications to ensure farm product quality and safety. The
executive departments in charge of agriculture under the People's
Government at the county level or above shall strengthen guidance on
production of farm products.\
\
Article 21

Licensing systems shall be adopted in accordance with provisions of laws
and administrative regulations for pesticides, veterinary drugs, feed,
feed additives, fertilizers and veterinarian instruments that may affect
farm product quality and safety.

The executive department in charge of agriculture under the State
Council as well as executive departments in charge of agriculture under
the People's Government at the level of the province, autonomous region
and municipality shall perform monitoring and random inspections on
products devoted to agricultural production such as pesticides,
veterinary drugs, feed, feed additives, and fertilizers that may affect
farm product quality and safety on a regular basis and publish the
results of random inspections.

Article 22

The executive departments in charge of agriculture under the People's
Government at the county level or above shall strengthen their
management and guidance on use of products devoted to agricultural
production, establish and perfect safe use systems of products devoted
to agricultural production.

Article 23

Institutions engaged in scientific research and education of agriculture
and promotion of agricultural technologies shall strengthen training of
farm product producers in quality and safety knowledge and skills.\
\
Article 24

Farm product manufacturing enterprises and specialized farmer
cooperative organizations shall create farm product production records
accurately, which shall contain the following items:\
1) Name, source, usage, consumption, effective and expiry dates of
products devoted to agricultural production.\
2) Occurrence and prevention of animal epidemic diseases, plant
diseases, pests and weeds.\
3) The date of harvesting, slaughtering or fishing.

Farm product production records shall be kept for two years and it is
strictly prohibited to forge farm product manufacturing records.\
\
The government encourages other farm product producers to create farm
product production records.

Article 25

Farm product producers shall, in accordance with requirements of laws,
administrative regulations and the executive department in charge of
agriculture under the State Council, make reasonable use of products
devoted to agricultural production, strictly comply with requirements
for safe interval and withdrawal period of products devoted to
agricultural production to prevent from damaging farm product quality
and safety.

It is strictly prohibited to use products devoted to agricultural
production banned by the government in the course of production of farm
products.

Article 26

Farm product manufacturing enterprises and specialized farmer
cooperative organizations shall inspect the status of farm product
quality and safety on their own or by authorized specialized
institutions; any farm products found not to be in compliance with farm
product quality and safety standards in inspections shall not be sold.

Article 27

Specialized farmer cooperative organizations and farm product
associations shall provide technical services to their members in a
timely manner, establish and perfect farm product quality and safety
management mechanisms, perfect farm product quality and safety control
systems and strengthen self-discipline and management.

**Chapter 5. Packaging and Labeling of Farm Products\
**

Article 28

Any farm products sold by farm product manufacturing enterprises,
specialized farmer cooperative organizations as well as units or
individuals engaged in purchase of farm products that require packaging
and labeling must be packaged or labeled before marketing. The packages
or labels shall indicate the product name, production area, producer,
production date, shelf life, and quality grade as well as name of the
additive used (if any) in accordance with relevant regulations. The
executive department in charge of agriculture under the State Council
shall develop specific regulations.

Article 29

Materials such as freshness agents, preservatives, and additives used in
packaging, preservation, storage and transportation of farm products
shall comply with relevant mandatory technical regulations established
by the government.

Article 30

In case of genetically modified farm products, they should be labeled in
accordance with relevant regulations governing the safety management of
agricultural GMOs.

Article 31

Animals, plants and their products required by law to be quarantined
shall be attached with a quarantine label or certificate.

Article 32

Farm products being sold must comply with farm product quality and
safety standards and producers may apply for use of wholesome food
labels. If the qualities of the farm products comply with standards of
quality farm products as established by the government, the producers
may apply for use of corresponding farm product quality labels.\
\
It is strictly prohibited to fraudulently use farm product quality
labels specified in the preceding paragraph.

**Chapter 6. Monitoring and Inspection\
**

Article 33

Farm products coming from any of the following circumstances shall not
be sold:\
1) Contain pesticides, veterinary drugs or other chemical substances
banned by the government;\
2) Residues of chemical substances such as pesticides, veterinary drugs
or toxic and hazardous substances such as heavy metals do not comply
with quality and safety standards;\
3) Contain pathogens, microorganisms or biotoxins that do not comply
with quality and safety standards;\
4) Use materials such as freshness agents, preservatives and additives
that do not comply with relevant mandatory technical regulations
established by the government;\
5) Fail to comply with other quality and safety standards.

Article 34

The government establishes farm product quality and safety monitoring
systems. The executive departments in charge of agriculture under the
People's Government at the county level or above shall establish and
implement farm product quality and safety monitoring plans and perform
monitoring and random inspections on farm products being produced or
marketed in accordance with the requirements for maintaining farm
product quality and safety. The executive department in charge of
agriculture under the State Council or the executive departments in
charge of agriculture under the People's Government at the level of the
province, autonomous region and municipality shall publish the results
of monitoring and random inspections under their jurisdiction.

Farm product quality and safety inspection institutions having met the
requirements of article 35 of this law shall perform the monitoring,
random inspections and testing. No inspection fees shall be collected
and the samples taken shall not exceed the number specified by the
executive department in charge of agriculture under the State Council.
Lower level executive departments in charge of agriculture shall no
longer inspect any farm products that have been monitored and randomly
inspected by higher-level agriculture departments.

Article 35

Farm product quality and safety inspection shall take full advantage of
existing qualified inspection institutions.

Institutions engaged in farm product quality and safety inspection must
have corresponding inspection conditions and capabilities and be
verified by the executive departments in charge of agriculture under the
People's Government at the provincial level or their authorized
agencies. The executive department in charge of agriculture under the
State Council shall develop specific methods.

Farm product quality safety inspection institutions shall pass metering
certification in accordance with requirements of laws.

Article 36

Farm product producers and sellers who disagree with the results of
supervision and random inspection may request a re-inspection within 5
days after receipt of the inspection results by the executive department
in charge of agriculture that perform farm product quality and safety
monitoring and inspection or a higher level executive department in
charge of agriculture.

In case the inspected individual disagrees with the inspection results
when farm product quality safety supervision and random inspection are
performed using a rapid inspection method recognized by the executive
department in charge of agriculture under the State Council and other
relevant departments, he or she may request a re-inspection within 4
hours after receipt of the inspection results. The re-inspection shall
not use rapid inspection methods.\
\
If damages occur to the individual being inspected due to wrong
inspection results, the inspector shall be held responsible for
compensation according to law.

Article 37

Farm product wholesale markets shall establish or entrust a farm product
quality and safety inspection institution to perform random inspection
on quality and safety of farm products being sold in the markets; in
case of any farm products found not to be in compliance with farm
product quality and safety standards, the wholesale market shall make
the seller stop selling immediately and report to the executive
departments in charge of agriculture.

Farm product marketing enterprises shall establish and perfect an
inspection and acceptance system for purchased farm products; farm
products that have been inspected and found not to be in compliance with
farm product quality and safety standards shall not be marketed.

Article 38

The government encourages institutions and individuals to monitor farm
product quality and safety. Any institution or individual shall have the
right to report, reveal and accuse any acts that violate this law. The
relevant departments shall handle such reporting, revelations and
accusations in a timely manner.

Article 39

The executive departments in charge of agriculture under the People's
Government at the county level or above shall conduct field inspections
on farm products being produced or marketed when performing farm product
quality and safety monitoring and inspection, investigate on farm
product quality and safety, review and duplicate records and other
documents related to farm product qualify and safety, and have the right
to seal up and detain the farm products that have been inspected and
found not to be in compliance with farm product quality and safety
standards.

Article 40

In case of occurrence of farm product quality and safety accidents,
relevant institutions or individuals shall take control measures and
report to the executive departments in charge of agriculture under the
People's Government at the town or county level in a timely manner; the
latter shall immediately handle and report to the relevant departments
or the People's Government at higher level. In case of occurrence of
major farm product quality and safety accidents, the executive
departments in charge of agriculture shall report to the corresponding
food and drug monitoring and administration department in a timely
manner.

Article 41

If the executive departments in charge of agriculture under the People's
Government at the county level or above identify any farm products
coming from any of the circumstances specified in article 33 of this law
while performing monitoring and inspection on farm product quality and
safety, they shall find out the responsible person and handle according
to law or provide handling opinions based on responsibility and
traceability mechanism for farm product quality and safety. 　　

Article 42

Imported farm products must be inspected in accordance with farm product
quality and safety standards established by the government; in the
absence of such farm product quality and safety standards, they shall be
established in a timely manner and the products shall be inspected by
reference to relevant foreign standards designated by relevant
departments before such standards are in place.

**Chapter 7. Legal Liabilities\
**

Article 43

Farm product quality and safety monitoring and management personnel
failing to perform their duties in accordance with laws or abusing their
powers shall be given administrative punishment.

Article 44

In the event that a farm product quality and safety inspection
institution forges inspection results, it shall be ordered to correct
its act and illegal earnings shall be confiscated. In addition, a fine
of between RMB 50,000 and RMB 100,000 shall be imposed on the
institution and a fine of between RMB 10,000 and RMB 50,000 imposed on
personnel with direct responsibilities and other responsible persons. If
the case is serious, its inspection qualification shall be revoked; and
if damages are caused, the institution shall be held responsible for
compensation according to law.

In the event any damages due to false inspection results produced by a
farm product quality and safety inspection institution, the institution
shall be held responsible for compensation according to law; if there
are serious damages, the inspection qualification of the institution
shall be revoked.

Article 45

Any institution or individual who discharges or pours waste water, waste
gas, solid wastes or other toxic/hazardous substances to the
agricultural production areas in violation of laws and regulations shall
be given punishment in accordance with laws and regulations governing
environmental protection; if damages are caused, the institution or
individual shall be held responsible for compensation according to law.

Article 46

In case that products devoted to agricultural production are used
against laws, administrative regulations and stipulations of the
executive department in charge of agriculture under the State Council,
penalties shall be imposed in accordance with relevant laws and
administrative regulations.

Article 47

In case that farm product manufacturing enterprises, specialized farmer
cooperative organizations fail to create farm product manufacturing
records or forge farm product manufacturing records, they shall be
ordered to correct their acts within a specified time frame; in case no
corrective measures have been taken in due time, a fine of less than RMB
2,000 may be imposed.

Article 48

In case that the farm products sold are not packaged or labeled in
accordance with article 28 of this law, the offender shall be ordered to
take corrective measures within a specified time frame; in case no
corrective measures have been taken in due time, a fine of less than RMB
2,000 may be imposed.

Article 49

If the freshness agents, preservatives and additives being sold are not
in compliance with relevant mandatory technical regulations as stated in
item 4 of article 33 of this law, the offender shall be ordered to stop
selling such products, the polluted farm products shall be given
pollution-free treatment; in case the products that can not be given
pollution-free treatment shall be destroyed under supervision and the
illegal earnings shall be confiscated with a fine between RMB 2,000 and
RMB 20,000.

Article 50

In the event that farm products sold by farm product manufacturing
enterprises and specialized farmer cooperative organizations come from
circumstances in item 1 through item 3 or item 5, as specified in
article 33 of this law, such sales must be stopped and farm products
already sold shall be recalled. Farm products being illegally sold shall
be given pollution-free treatment or destroyed under supervision. The
illegal earnings shall be confiscated and a fine between RMB 2,000 and
RMB 20,000 shall be imposed.

In case that farm products sold by farm product marketing enterprises
come from circumstances specified in the preceding paragraph, the
enterprises shall be handled or penalized accordingly.

In the event that farm products sold in wholesale markets come from
circumstance specified in item 1, the illegally sold products shall be
handled and seller be punished accordingly.

In the event that a wholesale market violates the requirements of item
1, article 37 of this law, it shall be ordered to rectify the acts and
be fined between RMB 2,000 and RMB 20,000.

Article 51

In case that any farm product quality label is used fraudulently as
prescribed in article 32 of this law, the offender shall be ordered to
rectify his or her act and illegal earnings shall be confiscated with a
fine between RMB 2,000 and RMB 20,000.

Article 52

The handling and penalties specified in article 44, articles 47 through
49, items 1 and 4 of article 50 and article 51 shall be determined by
the executive departments in charge of agriculture under the People's
Government at the county level or above; the handling and penalties
specified in items 2 and 3 of article 50 shall be determined by the
executive departments in charge of industry and commerce.

In case there are other laws governing administrative punishment and law
enforcing institutions, these laws shall prevail, however, repeated
penalties shall not be imposed on the same illegal act.

Article 53

In case a violation of this law constitutes a crime, the offender shall
be prosecuted for criminal responsibilities.

Article 54

In case of damages occur to consumers due to production and marketing of
farm products listed in article 33 of this law, the producer or marketer
shall be held responsible for compensation according to law.

If wholesale markets sell farm products prescribed in the proceeding
paragraph, consumers may claim for compensation by the market; if the
responsibilities fall on the producer or marketer, the wholesale market
has to claim for compensation by the producer or seller. Consumers may
also claim for compensation directly from the producer or seller of the
farm products.

**Chapter 8. Supplementary Provisions\
**

Article 55

Management of pig slaughtering shall be implemented in accordance with
relevant regulations of the government.

Article 56

This law shall enter into force as of November 1, 2006.

END TRANSLATION