Second agricultural operators and agricultural trading market operators in People's Republic of China (PRC) shall abide by these measures.
Article 3 The term "agricultural materials" as mentioned in these Measures refers to agricultural inputs closely related to agricultural production, such as seeds, pesticides, fertilizers, agricultural machinery and spare parts, and agricultural films.
The term "agricultural operators" as mentioned in these Measures refers to natural persons, enterprise legal persons and other economic organizations engaged in agricultural operations.
Article 4 The administrative department for industry and commerce shall be responsible for the supervision and management of the agricultural resources market and perform the following duties according to law:
(a) to supervise and inspect the business activities of agricultural operators within their jurisdiction according to law, and investigate and deal with illegal acts;
(two) to supervise and inspect the quality of agricultural materials within the jurisdiction according to law, and investigate and deal with unqualified agricultural materials;
(three) to accept and handle the complaints and reports of agricultural consumers within their jurisdiction according to law;
(four) to perform other duties of supervision and management of agricultural resources market according to law.
Article 5 Operators of agricultural materials and promoters of agricultural materials trading markets shall apply to the administrative department for industry and commerce for registration according to law and obtain business licenses before engaging in business activities.
Where the laws, administrative regulations or decisions of the State Council stipulate that the establishment of agricultural operators and promoters of agricultural trading markets must be approved, or the business scope of application for registration belongs to matters that must be approved before registration as stipulated by laws, administrative regulations or decisions of the State Council, it shall be reported to the relevant state departments for approval before applying for registration, and relevant approval documents shall be submitted at the time of registration.
Article 6 Enterprises, individual industrial and commercial households and farmers' professional cooperatives that apply for engaging in chemical fertilizer business may directly apply to the administrative department for industry and commerce for registration. Enterprises engaged in chemical fertilizer chain operation may apply for registration directly to the administrative department for industry and commerce where the store is located with the relevant documents and registration materials of the chain operation of the enterprise headquarters.
Enterprises and individual industrial and commercial households applying to engage in chemical fertilizer business shall have corresponding residences and business premises; The registered capital (gold) of an enterprise and the amount of funds of individual industrial and commercial households shall not be less than 30,000 yuan. The registered capital (gold) of the headquarters of an enterprise applying for establishing branches and operating fertilizer business within the province shall be no less than 6,543,800,000 yuan; The registered capital (gold) of the headquarters of the enterprise applying for establishing branches across provinces and engaging in chemical fertilizer business shall not be less than 30 million yuan.
Those who specialize in packaging seeds that are no longer repackaged, or who are entrusted in writing by seed operators with seed business licenses to sell seeds, or who set up branches in the effective areas stipulated in the business licenses, may directly apply to the administrative department for industry and commerce for registration.
Seventh farmers' professional cooperatives may not apply for a business license if they sell agricultural materials to their members.
Farmers who have surplus conventional seeds for self-reproduction and self-use can sell or adjust them in bazaars, and do not need to apply for seed business licenses and business licenses.
Eighth agricultural operators shall engage in business activities according to law, accept the supervision and management of the administrative department for Industry and commerce, and shall not engage in the following business activities:
(a) should obtain a business license in accordance with the law without obtaining a business license or engaging in agricultural business activities beyond the approved business scope and time limit;
(two) the operation of agricultural materials prohibited by the state, expired, invalid, deteriorated and other unqualified;
(3) The contents of the business label do not conform to the national standards, forge or alter the contents of the label stipulated by the national standards, infringe upon the exclusive right of trademark registration of others, counterfeit the unique name, packaging and decoration of well-known commodities, or use agricultural materials similar to the name, packaging and decoration;
(4) making misleading false propaganda on the quality, composition, performance, use, producer, scope of application, expiration date and place of origin of agricultural materials by using advertisements, brochures, labels or packaging marks;
(five) other acts in violation of laws and regulations.
Ninth agricultural operators should be responsible for the quality of agricultural products they operate, establish and improve the internal product quality management system, and assume the following responsibilities and obligations:
(1) Agricultural operators shall establish and improve the system of claiming certificates and tickets for purchasing goods. When purchasing goods, the supplier's business qualification shall be checked, the product certificate and product identification shall be verified, and according to the purchase batch of the same agricultural materials, the supplier shall be asked for the original inspection report issued by a quality inspection institution with legal qualifications or a copy of the inspection report signed and sealed by the supplier, as well as relevant tickets such as product sales invoices or other sales vouchers;
(2) Agricultural operators shall establish purchase ledgers and truthfully record the product name, specifications, quantity, suppliers and their contact information, purchase time and other contents. Engaged in wholesale business, it shall establish a product sales ledger, truthfully record the variety, specification, quantity, flow direction and other contents of wholesale products. Purchase ledger and sales ledger shall be kept for at least 2 years;
(3) Agricultural operators shall provide sales vouchers to consumers, and bear the responsibility of repairing, replacing, returning goods and other three guarantees and compensating for losses and other agricultural products quality responsibilities in accordance with the provisions of national laws and regulations or the agreement with consumers;
(4) If the agricultural operators find that the agricultural materials they provide are seriously defective, which may cause harm to agricultural production, personal health and safety of life and property, they shall immediately stop selling the agricultural materials, notify the production enterprises or suppliers, report to the regulatory authorities and inform consumers in time, and take effective measures to recover the unqualified agricultural materials in time. If it has been used, it is necessary to clearly inform consumers of the real situation and the remedial measures that should be taken;
(five) to cooperate with the supervision and management of the administrative department for Industry and commerce;
(six) other obligations stipulated by laws and regulations.
Article 10 The promoters of agricultural materials trading market shall abide by relevant laws and regulations, establish and implement the quality management system and responsibility system of agricultural materials products, and undertake the following responsibilities and obligations:
(a) to review the business qualifications of operators entering the market and not allow them to enter the market without a license.
(II) Clearly inform the admission operators of their responsibilities for the quality management of agricultural materials, stipulate in writing that the admission operators shall establish the systems of incoming goods inspection, claiming certificates and tickets, entry and exit accounts, quality commitment, rejection of unqualified products, delisting, etc., and require seed operators to establish seed management files;
(three) the establishment of consumer complaints handling system, with the relevant departments to deal with consumer disputes;
(four) with the supervision and management of the administrative department for Industry and commerce, it is found that the operators have the acts prohibited by Article 8 of these Measures, and should be stopped and reported to the administrative department for Industry and commerce in a timely manner;
(5) Other obligations stipulated by laws and regulations.
Eleventh administrative departments for Industry and commerce shall establish the following agricultural market supervision and management system:
(a) the implementation of agricultural machinery operators credit classification supervision system;
(two) in accordance with the principle of territorial management, the implementation of agricultural market inspection system;
(three) the implementation of agricultural market supervision and early warning system, according to market inspections, consumer complaints, reports and investigate illegal records, etc., to the public the dynamic information of agricultural market supervision, timely release consumer warnings;
(4) Establish a 123 15 consumer complaint reporting network to receive and handle the consultation, complaint and report of agricultural consumers in a timely manner.
Article 12 The administrative department for industry and commerce shall supervise and manage the agricultural resources market, and may exercise the following functions and powers in accordance with the relevant provisions of the Administrative Punishment Law, the Product Quality Law, the Anti-Unfair Competition Law and the Measures for Investigating and Banning Unlicensed Business:
(a) ordered to stop related activities;
(two) to investigate the relevant units and individuals to understand the relevant situation;
(three) to enter the agricultural business premises and conduct on-site inspection;
(four) to consult, copy, seal up and detain the relevant contracts, bills, account books and other materials;
(5) sealing up and detaining agricultural materials that are proved to be harmful to human health and personal and property safety or have other serious quality problems, as well as raw materials, packaging materials and tools directly used for selling the agricultural materials;
(six) other functions and powers as prescribed by laws and regulations.
Article 13 The administrative department for industry and commerce shall establish the supervision responsibility system and accountability system for agricultural resources market. If the staff of the administrative department for industry and commerce fails to perform their duties according to law and damages the legitimate rights and interests of agricultural operators and consumers, they shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Fourteenth agricultural operators in violation of the provisions of article ninth of these measures, the administrative department for Industry and Commerce shall order them to make corrections, and impose a fine of 1000 yuan or more 10000 yuan or less.
Fifteenth operators of agricultural materials trading market in violation of the provisions of Article 10 of these measures, the administrative department for Industry and Commerce shall order them to make corrections and impose a fine of 1000 yuan to 10000 yuan.
Sixteenth in violation of the provisions of these measures, the existing laws, regulations and rules have clear provisions, from its provisions.
Article 17 The State Administration for Industry and Commerce shall be responsible for the interpretation of these Measures.
Eighteenth the implementation since June 6, 2009.