Regulations on the Supervision and Management of Agricultural Products Quality and Safety in Shandong Province
Article 1 In order to strengthen the supervision and management of the quality and safety of agricultural products, safeguard public health, protect the ecological environment, and promote the development of agriculture and rural economy, according to The "Agricultural Products Quality and Safety Law of the People's Republic of China", the "Agricultural Products Quality and Safety Regulations of Shandong Province" and other laws and regulations have been formulated based on the actual conditions of this province.
Article 2 Those engaged in the production and operation of agricultural products and the supervision and management of agricultural product quality and safety within the administrative region of this province must abide by these regulations.
Article 3 The administrative departments of agriculture, forestry, animal husbandry, veterinary medicine, and fishery of governments at or above the county level (hereinafter collectively referred to as the agricultural product quality and safety supervision and management departments) shall be responsible for the supervision and management of the quality and safety of agricultural products within their respective administrative regions according to the division of responsibilities. Work.
The departments of finance, public security, economy and information technology, environmental protection, commerce, industrial and commercial administration, quality and technical supervision, food and drug supervision and management, etc. shall, in accordance with their respective responsibilities, do a good job in the supervision and management of agricultural product quality and safety.
Township (town) governments and sub-district offices should establish and improve agricultural product quality and safety supervision public service agencies according to work needs, and be responsible for publicity and training, technology promotion, daily inspections, etc. of agricultural product quality and safety. work and implement the responsibilities for supervision and management of agricultural product quality and safety.
Article 4 Governments at or above the county level shall strengthen leadership in the supervision and management of agricultural product quality and safety, establish and improve agricultural product quality and safety supervision and management systems and accountability systems, ensure work funds, and improve agricultural product quality and safety levels. Agricultural product quality and safety supervision and management departments of governments at or above the county level should establish and improve agricultural product quality and safety supervision and management working mechanisms, strengthen work capabilities and law enforcement team building, and implement comprehensive law enforcement.
Article 5 Governments at all levels should include agricultural product quality and safety work in government work assessments, and establish and improve agricultural product quality and safety supervision and management responsibility systems.
The quality and safety of agricultural products shall be subject to territorial management. Governments at all levels have overall responsibility for the quality and safety of agricultural products within their respective administrative regions. The agricultural product quality and safety supervision and management departments and other relevant departments assume corresponding supervision and management responsibilities according to their respective responsibilities.
Producers and operators of agricultural products are directly responsible for the quality and safety of agricultural products within the scope of their production and operation.
Article 6 Governments at or above the county level shall take measures to encourage and support, actively develop farmers’ professional cooperative economic organizations and new business entities such as joint household operations, large professional households, and family farms, and support and guide standardized production bases for agricultural products. Construction to improve the scale, intensification and standardization of agricultural product production.
Encourage agricultural product producers to apply for pollution-free agricultural product, green food, organic agricultural product certification and agricultural product geographical indication registration, create famous trademarks and well-known trademarks for agricultural products, and accelerate the construction of high-quality agricultural product brands.
Article 7 The agricultural product quality and safety supervision and management departments of governments at or above the county level shall strengthen agricultural product production technical guidance and services, organize the formulation and implementation of agricultural product quality and safety production technical specifications, operating procedures and other local standards, and promote safety and cleanliness production technology, improve the production conditions of agricultural products, and improve the quality of agricultural products.
Article 8 The agricultural product quality and safety supervision and management departments and relevant departments of governments at or above the county level shall strengthen the investigation, monitoring and evaluation of the sanitary environment of agricultural product production areas and toxic and harmful substances such as drug residues and heavy metals, and delineate according to law And adjust the prohibited production areas and types of agricultural products, promptly control and repair contaminated areas, and ensure that the production areas of agricultural products meet safety standards.
Article 9 The agricultural product quality and safety supervision and management departments and other relevant departments of governments at or above the county level shall strengthen the supervision and management of the production, operation, and use of agricultural inputs in accordance with the law, and establish and improve the safe and reasonable use of agricultural inputs. system to effectively control the use of pesticides, veterinary drugs, and chemical fertilizers.
The agricultural product quality and safety supervision and management departments of governments at or above the county level should actively organize and carry out monitoring and early warning of pests and diseases, promote physical, biological and other green prevention and control measures, and strengthen training for pesticide and veterinary drug operators and users, Improve the level of safe and rational drug use.
Article 10: Implement a regional sales and use system for highly toxic and highly toxic pesticides.
The sale and use of drama is prohibited in the production areas of specialty agricultural products such as vegetables, fruits, tea, and Chinese herbal medicines, as well as drinking water source protection areas, scenic spots, nature reserves, concentrated wildlife habitats, and other important areas determined by local governments. Toxic, highly toxic pesticides.
The governments of cities and counties (cities, districts) divided into districts may, in accordance with the requirements of ensuring the quality and safety of agricultural products and protecting the environment, prohibit the sale and use of highly toxic and highly toxic pesticides in all administrative areas; after making prohibitions Before making a decision, public opinions should be fully listened to.
Article 11 Implement a pesticide and veterinary drug business notification system. Operators of pesticides and veterinary drugs shall inform the agriculture, animal husbandry and veterinary authorities of the city or county (city, district) government within the sales area of ??the name, manufacturer, production license number, registration certificate number and other information of the pesticides and veterinary drugs they sell. ; The competent departments of agriculture, animal husbandry and veterinary medicine should disclose relevant information to the public.
Pesticide and veterinary drug operators are not allowed to operate pesticides and veterinary drugs without production license numbers, registration certificate numbers or other pesticides and veterinary drugs that do not meet regulatory requirements.
Article 12: Implement a subsidy system for low-toxicity and low-residue pesticides and veterinary drugs. District-based city and county (city, district) governments should organize finance, agriculture, forestry, animal husbandry and veterinary departments to select low-toxicity, low-residue pesticides and low-residue veterinary drug varieties for subsidy, and formulate specific subsidy methods and subsidy standards. .
For the low-toxicity, low-residue pesticides and low-residue veterinary drugs specified in the preceding paragraph, the production enterprises and sales prices shall be determined by the local government through bidding and announced to the public.
Article 13: Implement a real-name purchase system for highly toxic and highly toxic pesticides. Anyone who purchases highly toxic or highly toxic pesticides must present personal identification or other valid documents to explain the actual use; dealers of highly toxic or highly toxic pesticides must truthfully explain to buyers the purpose of the product, how to use it, first aid measures and precautions for poisoning, etc. , establish a sales ledger, and require buyers to return containers and packaging used for highly toxic and highly toxic pesticides.
Pesticide dealers are not allowed to sell highly toxic and highly toxic pesticides to the following persons:
(1) Minors;
(2) Unable to produce valid certificates ;
(3) The purpose of purchase cannot be stated or the scope of use exceeds the applicable scope of pesticides.
Containers and packaging of highly toxic and highly toxic pesticides shall be recycled by pesticide dealers and delivered to the agricultural authorities of the local county-level government for centralized destruction by the agricultural authorities.
Article 14: Implement an environmental impact assessment system for concentrated drug use. If governments at or above the county level need to use pesticides and veterinary drugs intensively to deal with sudden and large-scale pests and diseases, they should arrange professional pest control service organizations to implement unified prevention and control, and organize relevant departments and experts to conduct environmental impact assessments before unified prevention and control, and take measures to Corresponding preventive measures.
Governments at or above the county level may entrust pesticide production enterprises or operating enterprises to reserve necessary pesticides and veterinary drugs based on the needs of centralized pesticide prevention and control work.
Article 15: Implement a catalog management system for high-risk pesticides and veterinary drugs. Government departments in charge of agriculture, animal husbandry and veterinary medicine should include the following pesticides and veterinary drugs in high-risk catalogs, and limit their use areas and crop varieties:
(1) Phytotoxicity often occurs;
(2) Those prone to poisoning of humans and animals;
(3) Those prone to causing quality and safety accidents of agricultural products;
(4) Others requiring key monitoring of pesticides and veterinary drugs.
Article 16 The government’s agricultural authorities shall formulate support policies, organize pesticide production enterprises to carry out pesticide registration tests for small crops and specialty crops, and test and screen safe and efficient pesticides based on the growth stage of crops and the actual prevention and control of diseases and pests. Low-toxicity and low-residue pesticide varieties are recommended to the public.
Article 17 The agricultural administrative departments of county-level governments, township (town) governments, and sub-district offices should actively organize soil testing and fertilization work, and regularly adjust and publish local crops and different fertilizers based on soil test results. Regional fertilization formulas, establish soil testing and fertilization demonstration areas, guide standardized and rational fertilization, and improve the level of scientific fertilization.
Article 18 Operators of feed and feed additives shall strictly implement the incoming inspection system and shall not operate feeds or feed additives that are prohibited from production or use by the state. They shall not reprocess or reprocess the feeds and feed additives they operate. Add other substances.
Breeders should use feed and feed additives in strict accordance with safe usage specifications, product instructions, precautions, etc., and are not allowed to add state-banned substances or substances that have direct or potential harm to the human body in feed and animal drinking water. other substances, or directly use the above substances to breed animals.
Article 19 Governments at all levels should establish and improve agricultural product quality and safety testing systems, staff them with professionals, and improve their quantitative and rapid testing capabilities for pesticides, veterinary drug residues, heavy metals, and pathogenic microorganisms.
The agricultural product quality and safety supervision and management departments of governments at or above the county level shall formulate monitoring plans and emergency monitoring measures, conduct risk monitoring of agricultural products and agricultural inputs within their respective administrative regions, and identify key areas where agricultural product quality and safety problems are prone to occur. Supervision and random inspections will be carried out in regions, key links and key products.
Article 20 Agricultural product production enterprises and farmers’ professional cooperative economic organizations shall establish an agricultural product quality and safety testing system that is commensurate with the scale and variety of their production and operation, truthfully record the test results, and comply with the law on the agricultural products they produce and operate. Packaging and labeling; if the product fails to pass the test or fails to be packaged and labeled in accordance with the law, it shall not be put on the market for sale.
Encourage new business entities such as joint households, large professional households, family farms, and qualified farmers to package and label the agricultural products they produce and operate.
Article 21 The agricultural product quality and safety supervision and management departments of governments at or above the county level and the departments of commerce, industrial and commercial administration, quality and technical supervision, food and drug supervision and management, etc. shall establish and improve agricultural product quality and safety traceability systems and work Coordination mechanism, strengthen joint law enforcement, and supervise and manage the production, transportation, processing, and sales of agricultural products in accordance with the law to ensure the quality and safety of agricultural products.
Article 22 The agricultural product quality and safety supervision and management departments and other relevant departments of governments at or above the county level shall promptly publish monitoring results in accordance with their respective powers and in accordance with the law; if agricultural products are found to not meet the quality and safety standards during monitoring or law enforcement , shall be handled in accordance with the following provisions:
(1) Agricultural products that do not meet the requirements shall be ordered to recall, stop sales, or be harmlessly disposed of in accordance with the law, and those that cannot be disposed of harmlessly shall be supervised and destroyed;
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(2) Track and inspect the production conditions and production process of the place of origin or production base, and may order corrections, cancel support policies, or take other remedial measures;
(3) Hold relevant units and personnel accountable in accordance with the law.
Article 23 Districted city, county (city, district) governments or township (town) governments and sub-district offices may, according to work needs, set up agricultural product quality and safety information officers in rural areas to assist in the Provide good supervision over the production and operation process of agricultural products.
The specific responsibilities, work remuneration and management measures of agricultural product quality and safety information officers shall be formulated by the districted municipal government.
Article 24 encourages units and individuals to report illegal production, operation and use of agricultural inputs, illegal production and sales of agricultural products, etc.; after receiving the report, the relevant departments shall promptly organize an investigation and punishment; upon verification If it is true, the whistleblower will be rewarded according to a certain proportion of the value of the goods involved.
Article 25 Violation of these regulations: pesticide and veterinary drug dealers fail to implement the business notification system in accordance with regulations, or fail to require buyers to return and recycle containers and packaging of highly toxic or highly toxic pesticides in accordance with regulations If the violation occurs, the competent departments of agriculture, animal husbandry and veterinary medicine of the governments at or above the county level shall order corrections within a time limit according to the division of responsibilities; if corrections are not made within the time limit, a fine of not less than RMB 2,000 but not more than RMB 5,000 shall be imposed.
Article 26 If a pesticide dealer violates these regulations by selling highly toxic or highly toxic pesticides in a prohibited area, the agricultural department of the government at or above the county level shall order him to make corrections, give him a warning, and impose a fine of 10,000 yuan. A fine of not less than RMB 30,000 but not more than RMB 30,000 shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 27 If a pesticide dealer violates these regulations and sells highly toxic or highly toxic pesticides to minors or other persons, the agricultural department of the government at or above the county level shall order him to make corrections, give him a warning, and impose penalties. A fine of not less than 3,000 yuan but not more than 10,000 yuan shall be imposed; if serious consequences are caused, a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 28 If any agricultural product production enterprise or farmer's professional cooperative economic organization fails to establish and implement an agricultural product quality and safety testing system in accordance with the regulations in violation of these regulations, it shall be ordered by the agricultural product quality and safety supervision and management department of the government at or above the county level. Corrections must be made within a time limit; if corrections are not made within the time limit, a fine of not less than RMB 1,000 but not more than RMB 3,000 shall be imposed.
Article 29 Anyone who violates these regulations, does not operate and use pesticides, veterinary drugs, feeds, and feed additives in accordance with relevant national and provincial regulations, sells substandard agricultural products, or commits other illegal acts shall be punished by a person at or above the county level. The government agricultural product quality and safety supervision and management department or relevant departments shall impose penalties in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law.
Article 30 If governments at all levels, agricultural product quality and safety supervision and management departments or other relevant departments and their staff commit any of the following acts, the persons with leadership responsibilities and other relevant responsible persons shall be punished in accordance with the law. Give warnings, demerits or major demerits; if the circumstances are serious and cause adverse effects, they will be demoted or dismissed; if a crime is constituted, criminal responsibility will be investigated in accordance with the law:
(1) Fulfill the responsibilities of supervision and management of agricultural product quality and safety Failure to do so leads to quality and safety accidents of agricultural products;
(2) Failure to investigate and deal with illegal production and operation of agricultural products in accordance with regulations;
(3) Failure to carry out quality and safety monitoring and control of agricultural products in accordance with regulations Publish monitoring results;
(4) Failure to supervise and manage pesticides and veterinary drugs in accordance with regulations, resulting in serious consequences;
(5) Other abuse of power, dereliction of duty, and favoritism behavior.
Article 31 These regulations will come into effect on June 1, 2014. ;