Article 1 In order to strengthen the management of agricultural means of production (hereinafter referred to as agricultural materials) market, standardize the operation behavior of agricultural materials market, protect operators and consumers, especially safeguard the legitimate rights and interests of farmers, ensure grain production, and promote rural reform and development, this Law is formulated in accordance with the Product Quality Law, Seed Law, Agricultural Mechanization Promotion Law, Pesticide Management Regulations and other relevant laws and regulations.
article 2 operators of agricultural materials and operators of agricultural materials trading markets within the territory of the people's Republic of China shall abide by these measures.
article 3 agricultural materials mentioned in these measures refer 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:
(1) Supervise and inspect the business activities of agricultural resources operators within its jurisdiction according to law, and investigate and deal with illegal acts;
(2) Supervise and inspect the quality of agricultural materials within the jurisdiction according to law, and investigate and deal with unqualified agricultural materials;
(3) accepting and handling the complaints and reports of agricultural consumers within their jurisdiction according to law;
(4) 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 only after obtaining a business license can they engage in business activities.
if 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 if the business scope applied for registration belongs to the items that must be approved before registration according to 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 to engage 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 for engaging 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 3, yuan. The registered capital (gold) of the headquarters of an enterprise applying to set up branches and engage in chemical fertilizer business within the province shall not be less than 1 million yuan; The registered capital (gold) of the headquarters of an enterprise applying for establishing branches across provinces and engaging in chemical fertilizer business shall not be less than 3 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 on their behalf, or who set up branches in the effective areas specified in the business licenses, can directly apply to the administrative department for industry and commerce for registration.
article 7 a farmers' professional cooperative that sells agricultural materials to its members may not apply for a business license.
if there are surplus conventional seeds for farmers' self-propagation and self-use, they can be sold and exchanged in the market, and they don't need to apply for seed business license and business license.
Article 8 A business operator of agricultural resources shall engage in business activities according to law and accept the supervision and management of the administrative department for industry and commerce, and shall not engage in the following business activities:
(1) Those who should have obtained a business license according to law but have not obtained a business license or engage in agricultural resources business activities beyond the approved business scope and time limit;
(2) operating agricultural materials that are forbidden, expired, invalid, deteriorated or other unqualified by the state;
(3) The contents of business labels do not conform to the national standards, and the contents of labels stipulated by the national standards are forged or altered, infringing upon the exclusive right of others to register trademarks, passing off the unique names, packages and decorations of well-known commodities or using agricultural materials with similar names, packages and decorations;
(4) using advertisements, brochures, labels or packaging labels to make misleading and false propaganda about the quality, ingredients, performance, use, producer, scope of application, expiration date and origin of agricultural materials;
(5) other acts in violation of laws and regulations.
Article 9 Agricultural operators shall be responsible for the product quality of the agricultural products they operate, establish and improve the internal product quality management system, and undertake the following responsibilities and obligations:
(1) Agricultural operators shall establish and improve the system of claiming certificates and tickets for purchasing goods, check the business qualifications of suppliers when purchasing goods, verify the product qualification certificate and product identification, and ask suppliers 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 suppliers according to the purchase batches of the same agricultural products.
(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 wholesale product variety, specification, quantity, flow direction and other content. 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 three guarantees such as repair, replacement and return and the responsibility of product quality such as compensation for losses in accordance with national laws and regulations or agreements with consumers;
(4) if the agricultural operators find that the agricultural materials they provide have serious defects, 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;
(5) to cooperate with the supervision and management of the administrative department for industry and commerce;
(6) other obligations stipulated by laws and regulations.
Article 1 The promoters of agricultural materials trading market shall abide by relevant laws and regulations, establish and implement the product quality management system and responsibility system of agricultural materials, and undertake the following responsibilities and obligations:
(1) Review the business qualifications of the operators who enter the market, and those who are unlicensed shall not be allowed to operate in the market.
(2) clearly inform the operators who enter the market of their responsibilities for quality management of agricultural materials, stipulate in writing that the operators who enter the market should establish the systems of incoming goods inspection, obtaining certificates and tickets, accounting for incoming and outgoing goods, quality commitment, removal of unqualified products and delisting, and require them to establish seed management files;
(3) Establish a consumer complaint handling system and cooperate with relevant departments to handle consumer disputes;
(4) to cooperate with the supervision and management of the administrative department for industry and commerce, and to stop and report to the administrative department for industry and commerce in a timely manner if it is found that the business operator has any behavior prohibited by Article 8 of these Measures;
(5) other obligations stipulated by laws and regulations.
article 11 the administrative department for industry and commerce shall establish the following systems to supervise and manage the agricultural resources market:
(1) implement the credit classification supervision system for agricultural resources operators;
(2) Implement the inspection system of agricultural resources market according to the principle of territorial management;
(3) Implement the supervision and early warning system of agricultural resources market, and publish the dynamic information of agricultural resources market supervision to the society according to market inspections, consumer complaints, reports and records of illegal acts, and timely issue consumer warnings;
(4) Establish a 12315 consumer complaint reporting network, and promptly accept and handle the consultation, complaint and report of agricultural consumers.
Article 12 The administrative department for industry and commerce supervises and manages 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:
(1) Ordering to stop related activities;
(2) to investigate the relevant units and individuals and understand the relevant situation;
(3) enter the agricultural business premises and conduct on-site inspection;
(4) consulting, copying, sealing up and detaining 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;
(6) other functions and powers as prescribed by laws and regulations.
article 13 the administrative department for industry and commerce shall establish the responsibility system and accountability system for the supervision of 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.
article 14 if an agricultural operator violates the provisions of article 9 of these measures, the administrative department for industry and commerce shall order him to make corrections and impose a fine ranging from 1 yuan to 1, yuan.
article 15 the promoters of agricultural materials trading market violate the provisions of article 1 of these measures, and the administrative department for industry and commerce shall order them to make corrections and impose a fine of not less than 1, yuan from 1 yuan.
article 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.
article 18 these measures shall be implemented as of November 1, 29.