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Regulations of Zhejiang Province on Quality and Safety of Agricultural Products

(Adopted at the 35th meeting of the Standing Committee of the 12th People's Congress of Zhejiang Province on February 1, 2116) Article 1 In order to ensure the quality and safety of agricultural products and safeguard public health, in accordance with the Decision on Amending the Regulations on the Management of Rural Collective Assets in Zhejiang Province and other seven local laws and regulations of the 24th meeting of the Standing Committee of the 13th People's Congress of Zhejiang Province on September 24, 2121, according to the Law of the People's Republic of China on Quality and Safety of Agricultural Products. Article 2 These Provisions shall apply to the production and operation activities of agricultural products and the supervision and management activities of agricultural products quality and safety within the administrative area of this province. The term "agricultural products" as mentioned in these Provisions refers to edible agricultural products, that is, primary products derived from agriculture for consumption. Article 3 Producers and operators of agricultural products shall be responsible for the quality and safety of agricultural products they produce and operate. Producers and operators of agricultural products shall engage in production and business operations in accordance with laws and regulations, ensure the quality and safety of agricultural products, be honest and self-disciplined, accept social supervision and assume social responsibilities. Article 4 The people's governments at or above the county level shall be responsible for the supervision and management of agricultural products quality and safety in their respective administrative areas, uniformly lead, organize and coordinate the supervision and management of agricultural products quality and safety in their respective administrative areas, establish and improve the supervision and management system of agricultural products quality and safety, and incorporate the required funds into the fiscal budget. The competent departments of agriculture, rural areas and forestry (hereinafter referred to as the quality supervision and management departments of agricultural products) are responsible for the quality and safety supervision and management of agricultural products from planting and breeding to entering the wholesale, retail market or production and processing enterprises; The market supervision and management department is responsible for the quality and safety supervision and management of agricultural products after they enter the wholesale and retail markets or production and processing enterprises. In the process of performing the duties of supervision and management of agricultural products quality and safety, if the relevant departments have disputes over the duties of supervision and management of specific matters, the people's government at or above the county level shall determine the supervision and management department. Township people's governments and sub-district offices shall strengthen the supervision and management of agricultural products quality and safety in their respective jurisdictions, clarify their staff, organize publicity, education, guidance and inspection of agricultural products quality and safety, cooperate with relevant departments to do a good job in the supervision and management of agricultural products quality and safety, and stop illegal acts in time and report to relevant departments. The villagers' committee shall assist the government and relevant departments to do a good job in the supervision and management of agricultural product quality and safety, and publicize and educate agricultural product producers and operators on agricultural product quality and safety laws and regulations. Encourage the specific measures and requirements for ensuring the quality and safety of agricultural products to be included in the village rules and regulations. Article 5 Agricultural product trade associations shall strengthen industry self-discipline, establish and improve industry norms and reward and punishment mechanisms in accordance with their articles of association, provide services such as information and technology on agricultural product quality and safety, guide and urge agricultural product producers and operators to produce and operate according to law, promote the construction of industry integrity, and publicize agricultural product quality and safety knowledge. Article 6 People's governments at or above the county level and relevant departments shall take measures to support large-scale and standardized production of agricultural products, and encourage and guide producers of agricultural products to apply for the use of pollution-free agricultural products, green food, organic agricultural products quality certification marks and geographical indications of agricultural products. Seventh agricultural products quality supervision and management departments should strengthen the training and assessment of agricultural products quality and safety law enforcement personnel. Agricultural product quality supervision and management departments shall popularize advanced, applicable and safe agricultural product production technologies and quality and safety management methods, and organize training for agricultural product production enterprises, farmers' professional cooperative economic organizations, family farms and other agricultural product producers with a certain scale (hereinafter referred to as large-scale agricultural product producers), and no fees shall be charged for training. Large-scale producers of agricultural products shall carry out standardized production in accordance with the relevant provisions of the state and the province, establish and improve the quality and safety management system of agricultural products, equip agricultural product quality and safety management personnel, and conduct training and assessment on agricultural product quality and safety knowledge for employees. The quality supervision and management department of agricultural products shall conduct random supervision, spot check and assessment on the quality and safety management personnel of agricultural products and announce the assessment, and no fees shall be charged for supervision, spot check and assessment. The standards for the identification of other producers of agricultural products with a certain scale shall be formulated by the provincial agricultural product quality supervision and management department; County (city, district) agricultural product quality supervision and management departments may, according to local conditions, formulate specific identification standards and report them to the provincial agricultural product quality supervision and management departments for the record. Eighth provincial people's government organizations to establish a unified agricultural product quality and safety information service platform. Provincial agricultural product quality supervision and management departments and provincial market supervision and management departments shall, in accordance with the relevant provisions of the state and the province, timely announce to the public the overall situation of agricultural product quality and safety and the warning information of agricultural product quality and safety risks. Agricultural product quality supervision and management departments and market supervision and management departments shall intensify information disclosure, and timely publish daily supervision and management information such as quality and safety supervision and spot checks of agricultural products and handling of illegal acts. Ninth agricultural products quality supervision and management departments should establish credit files of agricultural products quality and safety of large-scale agricultural producers, record the results of daily supervision and inspection, and investigate and deal with illegal acts, and announce them to the public in a timely manner; Increase the frequency of supervision and spot checks on agricultural producers with bad credit records. Article 11 Where the producing areas of agricultural products contain toxic and harmful substances, resulting in agricultural products failing to meet the food safety standards, the agricultural product quality supervision and management department shall, jointly with the ecological and environmental department, put forward a proposal to delimit the prohibited production areas of specific agricultural products, and report it to the people's government at the same level for approval and promulgation. If losses are caused to producers of agricultural products due to the designation of specific areas where the production of agricultural products is prohibited, the units and individuals that caused the pollution shall make compensation according to law; If it is impossible to determine the responsible person or the responsible person loses the responsibility ability, the people's government at or above the county level shall give appropriate compensation. Eleventh producers of agricultural products should promptly remove and recover agricultural film, pesticide packaging and other wastes to prevent environmental pollution of agricultural products. The people's governments at or above the county level shall, according to local conditions, organize the establishment of a reasonable layout of agricultural film, pesticide packaging and other waste recycling network, and carry out resource and harmless treatment in accordance with the relevant provisions of the state and province. Article 12 People's governments at or above the county level shall take measures to encourage producers of agricultural products to adopt green pest control technologies and products such as agricultural control, biological control and physical control, and guide the use of pesticides with high efficiency, low toxicity and low residue. The specific subsidy measures shall be formulated by the provincial finance department in conjunction with the provincial agricultural product quality supervision and management department. Thirteenth prohibit the use of highly toxic pesticides in vegetables, fruits, tea and Chinese herbal medicines and other crops prescribed by the state. Highly toxic pesticides shall be managed at designated locations and purchased under real names. When purchasing highly toxic pesticides, you should show your personal identification or other valid documents and explain the purpose. Pesticide business units shall truthfully record the identity information, purchase time, variety, quantity and use of highly toxic pesticides, and correctly introduce the scope of pesticide use, control objects, use methods, safety intervals and storage requirements. If the purchaser fails to produce personal identification or other valid documents, the pesticide business unit shall not sell highly toxic pesticides to him. Article 14 Agricultural inputs such as pesticides, veterinary drugs, feeds, feed additives and fertilizers shall not be used beyond the scope and standards in the production and operation of agricultural products; Drugs for human use, raw materials or substances harmful to human health shall not be used in the production, cleaning, preservation, packaging and storage of agricultural products. Fifteenth large-scale producers of agricultural products shall establish production records of agricultural products and truthfully record the following items: (1) the name, variety and quantity of agricultural products planted and cultivated; (two) the name, source, usage and dosage of agricultural inputs, as well as the date of use and discontinuation; (three) the occurrence and prevention of animal diseases, plant diseases, weeds and pests; (four) the date of harvest, slaughter and fishing; (five) the quality and safety inspection of agricultural products; (six) the name, variety, quantity, date and sales destination of agricultural products for sale. The storage period of agricultural product production records shall not be less than two years. It is forbidden to forge production records of agricultural products. Sixteenth large-scale producers of agricultural products and units and individuals engaged in the purchase of agricultural products shall package or attach signs to agricultural products in accordance with regulations. For agricultural products packaged for sale, the name, place of origin, name of producer or seller and date of production of the agricultural products shall be marked on the packaging; Unpackaged agricultural products shall be marked with the name, place of origin, name of producer or seller and date of production in the form of additional labels, identification cards, signs and instructions. Large-scale agricultural product producers and agricultural product management enterprises should use modern electronic information technologies such as bar codes and two-dimensional codes to mark agricultural products. Encourage other producers and operators of agricultural products to use modern electronic information technologies such as bar codes and two-dimensional codes to mark agricultural products. Article 17 In the storage and transportation of agricultural products, the containers, tools and equipment for storage, transportation and loading and unloading of agricultural products shall be safe, harmless, clean and prevent pollution, and meet the special requirements such as temperature and humidity required to ensure the quality and safety of agricultural products. Agricultural products shall not be stored and transported together with toxic and harmful substances. Eighteenth large-scale producers of agricultural products shall test the quality and safety of agricultural products they produce by themselves or by entrusting testing institutions; Those who fail to pass the test shall not be sold. Encourage other producers of agricultural products to test the quality and safety of agricultural products they produce by themselves or by entrusting testing institutions. Township people's governments and sub-district offices shall provide rapid detection services for agricultural products producers free of charge. Nineteenth large-scale producers of agricultural products shall implement the management of agricultural product certificate, and other producers of agricultural products shall implement the management of agricultural product producer information card. Large-scale producers of agricultural products shall issue certificates of agricultural products that have passed the inspection, and attach them when selling agricultural products. Pollution-free agricultural products, green food, organic agricultural products quality certification marks, geographical indications of agricultural products, traceability labels of agricultural products quality and safety and inspection and quarantine certificates shall be regarded as agricultural product certificates. Other producers of agricultural products shall, when selling agricultural products, issue information cards for producers of agricultural products in accordance with regulations. The information card of the producer of agricultural products shall specify the name, address, contact information and date of issuance of the producer. Measures for the administration of agricultural product certification shall be formulated by the provincial agricultural product quality supervision and management department. Article 21 Food production enterprises, sellers of agricultural products and catering service enterprises shall establish an inspection record system for incoming agricultural products, obtain certificates of agricultural products or information cards for producers of agricultural products, truthfully record the names, quantities, purchase dates of agricultural products, names, addresses and contact information of suppliers, and keep relevant vouchers. Organizers of wholesale and retail markets of agricultural products shall examine the certificates of conformity or information cards of producers of agricultural products entering the market. For agricultural products that have no certificate or information card of agricultural product producers, the organizers of agricultural products wholesale and retail markets shall test them; Those that are not tested or fail to pass the test shall not be sold. Article 21 The organizers of wholesale and retail markets of agricultural products shall sign an agreement on the quality and safety of agricultural products with the sellers entering the market, specifying the minimum proportion of random inspection, the methods of random inspection, the treatment methods of unqualified agricultural products and the responsibilities of both parties for the quality and safety of agricultural products. Organizers of wholesale and retail markets of agricultural products shall conduct sampling inspection of agricultural products entering the market in accordance with the sampling inspection ratio and inspection methods stipulated by the provincial market supervision and management department; If it is found that it does not meet the food safety standards, the seller shall be required to stop selling immediately and report to the market supervision and management department. If the sellers of agricultural products have no objection to the sampling inspection results specified in the preceding paragraph, the organizers of the wholesale and retail markets of agricultural products and the sellers of agricultural products shall treat the unqualified agricultural products harmlessly in accordance with the signed agreement on quality and safety of agricultural products; If it cannot be treated harmlessly, the market supervision and management department shall supervise the destruction. Organizers of wholesale and retail markets of agricultural products shall set up information bulletin boards in prominent positions in the market, and publicize information such as the quality and safety management system of agricultural products, the inspection results of agricultural products, the handling of unqualified agricultural products, and the telephone number of complaints and reports. Twenty-second market supervision and management departments should strengthen the supervision and management of the quality and safety of agricultural products in temporary agricultural markets and rural markets. Article 23 The people's governments of provinces and cities divided into districts and relevant departments shall strengthen cooperation with relevant provinces and cities in information sharing, case investigation, problem handling, whole-process traceability, mutual recognition of inspection and technical cooperation, and establish and improve the regional cooperation mechanism for agricultural product quality and safety. The market supervision and management department shall, jointly with the agricultural product quality supervision and management department, organize and guide agricultural product wholesale markets, shopping malls and supermarkets to connect with agricultural product production and operation enterprises, support both parties to sign a safety supply agreement, and clarify the corresponding standards and requirements and the responsibilities of both parties for agricultural product quality and safety. Encourage agricultural products wholesale markets, shopping malls and supermarkets to establish agricultural products supply bases. Article 24 The quality supervision and management departments of agricultural products and the market supervision and management departments shall conduct supervision and spot checks on agricultural products by combining key inspections with random sampling of inspected objects and random selection of inspectors, and announce the results of spot checks to the public according to law. Agricultural product quality supervision and management departments and market supervision and management departments shall focus on supervision and spot checks on relevant agricultural products in the season of centralized listing of major agricultural products and major production areas of agricultural products. The people's governments at or above the county level may, according to needs, organize agricultural product quality supervision and management, market supervision and management, public security and other departments to carry out joint law enforcement, cross-regional law enforcement and cross-enforcement of agricultural product quality and safety. Twenty-fifth agricultural products quality supervision and management departments, market supervision and management departments in the supervision and management of agricultural products quality and safety, you can use the rapid detection methods stipulated by the state and the province to conduct spot checks on agricultural products. If the random inspection results show that the agricultural products may not meet the food safety standards and the producers and operators have no objection to the inspection results, the producers and operators shall treat or destroy the batch of agricultural products harmlessly; If the producers and operators have any objection to the test results, they may apply for re-inspection within four hours after receiving the test results. Re-inspection shall be conducted by inspection and testing institutions that meet the statutory qualifications. Article 26 People's governments at the county level shall strengthen the capacity building of agricultural products quality and safety inspection and testing, integrate the testing resources of agricultural products, food and its related products, soil environment, agricultural inputs and other aspects, establish a comprehensive testing platform, strengthen the training of inspection and testing personnel and team building, and provide technical support for the supervision and management of agricultural products quality and safety. Article 27 If there are hidden dangers in the quality and safety of agricultural products in the production process, and measures are not taken in time to eliminate them, the agricultural product quality supervision and management department may conduct a responsibility interview with the legal representative or principal responsible person of the agricultural product producer. Producers of agricultural products should take immediate measures to carry out rectification and eliminate hidden dangers. Responsibility interviews and rectification should be included in the credit files of producers' agricultural products quality and safety. If the agricultural product quality supervision and management department and the market supervision and management department fail to discover the systemic risk of agricultural product quality and safety in time, the people's government at the corresponding level may conduct a responsibility interview with the main person in charge. Responsibility interviews and rectification should be included in the assessment records of agricultural product quality and safety supervision and management of relevant departments. The responsibility interview may invite the media and relevant public representatives to attend. The main problems, rectification measures and requirements of the responsibility interview should be made public to the public. Article 28 In areas where the production of specific agricultural products is prohibited.