Measures for the implementation of agricultural machinery popularization and appraisal
In order to do a good job in the popularization and appraisal of agricultural machinery and standardize the popularization and appraisal behavior of agricultural machinery, according to the relevant provisions of the Measures for the Experimental Appraisal of Agricultural Machinery (Order No.54 of the Ministry of Agriculture in 2005), our department has formulated the Implementation Measures for the Popularization and Appraisal of Agricultural Machinery. It is hereby promulgated and shall come into force as of 20 10 10 1.
It is hereby announced.
Ministry of Agriculture
20 10 August 4th
Measures for the implementation of agricultural machinery popularization and appraisal
Chapter I General Provisions
Article 1 In order to standardize the popularization and appraisal of agricultural machinery, clarify the contents, procedures and requirements of popularization and appraisal, improve the popularization and appraisal system and improve the quality of popularization and appraisal, these Measures are formulated in accordance with the Measures for Testing and Appraisal of Agricultural Machinery.
Article 2 The term "popularization and appraisal of agricultural machinery" as mentioned in these Measures refers to the activities of agricultural machinery testing and appraisal institutions (hereinafter referred to as agricultural machinery appraisal institutions) to comprehensively evaluate the applicability, safety and reliability of agricultural machinery, make technical evaluation, and evaluate whether it is suitable for popularization. Promotion assessment includes ministerial promotion assessment and provincial promotion assessment.
Article 3 The popularization and appraisal work shall adhere to the principles of science, justice, high efficiency and unity, and promote the quality improvement of agricultural machinery products and the popularization and application of advanced, applicable, mature, safe, reliable, energy-saving and environment-friendly agricultural machinery.
Article 4 The Ministry of Agriculture shall be in charge of the nationwide popularization and appraisal work, formulate, regularly adjust and publish the national product category guide for popularization and appraisal of agricultural machinery, and publish the appraisal outline. The agricultural machinery test and appraisal station of the Ministry of Agriculture organizes the implementation of ministerial-level promotion and appraisal, and guides the provincial-level promotion and appraisal work.
The ministerial-level promotion appraisal work implements unified acceptance of applications, unified appraisal outline, unified charging standards, overall arrangement of tasks, and unified issuance of certificate marks.
The administrative departments of agricultural mechanization of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the promotion and appraisal work within their respective administrative areas, formulate and regularly adjust and publish the product category guidelines for the promotion and appraisal of provincial agricultural machinery, and publish the appraisal outline. The specific work is carried out by the agricultural machinery appraisal institution affiliated to the administrative department of agricultural mechanization of the provincial people's government.
Article 5 The scope of products to be popularized and appraised shall be determined by the guidelines on the types of products to be popularized and appraised published by the Ministry of Agriculture and the administrative department of agricultural mechanization of the provincial people's government.
Chapter II Application
Article 6 The applicant for popularization and appraisal shall be an agricultural machinery producer with the qualification of an enterprise as a legal person, have the conditions for stable production of qualified products and the corresponding after-sales service ability, and have normal production and business activities.
Overseas producers of agricultural machinery may entrust domestic sellers who sell their agricultural machinery products with the qualification of enterprise legal person to apply for agency.
Article 7 The products applying for ministerial-level popularization and appraisal shall be finalized products, which have been mass-produced for more than one year and sold in more than two provinces (autonomous regions and municipalities directly under the Central Government). The cumulative sales volume shall meet the following requirements: no less than 500 small agricultural machinery products, no less than 100 medium agricultural machinery products and no less than 30 large agricultural machinery products (or complete sets of equipment). The requirements for agricultural production or innovative products that are promoted by the state and urgently needed may be relaxed appropriately.
The sales area and cumulative sales volume of products applying for provincial popularization and appraisal shall be determined by the administrative departments of agricultural mechanization of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government.
Article 8 The applicant for popularization and appraisal shall be responsible for the authenticity of the application materials, which shall be stamped with the official seal of the legal person, and the specific contents include:
Application form for popularization and appraisal (see attached table 1 for reference format) in triplicate;
(2) A copy of the business license of the enterprise as a legal person, and a copy of the registration certificate of the overseas client and the power of attorney shall also be provided for the agency application;
(3) type certificate copy of the product;
(four) a copy of the product implementation standard text and its registration certificate or filing materials;
(5) Instructions for use of the product;
(6) For products subject to production license management and compulsory certification by the state, copies of corresponding certificates and attachments shall be provided;
(seven) other documents and certification materials stipulated in the outline of popularization and appraisal.
The application form for popularization and appraisal shall be filled out according to the independent application products. In line with the requirements of the models covered by the promotion appraisal outline, it can be combined with the host model to declare. The production and sales of covered vehicles shall meet the requirements of Article 7 of these Measures respectively, and the materials required in Items (5) and (6) of this Article shall be provided respectively.
If it is necessary to continue to maintain the qualification after the expiration of the extension appraisal certificate, the applicant for the original certificate shall re-submit the application for extension appraisal in accordance with the provisions of this article one working season in advance or six months before the expiration of the validity period, but it is not necessary to provide the materials required in Item (3) of the first paragraph of this article.
Product type certification documents can be related identification certificates of the applied products at or above the provincial level, or agricultural machinery type identification certificates, product quality certification certificates, production licenses and their attachments at or above the provincial level. The provincial promotion appraisal certificate can be used as the stereotyped certification document for applying for ministerial promotion appraisal products.
Chapter III Inspection and Acceptance
Article 9 The ministerial-level popularization appraisal shall be uniformly accepted by the Agricultural Machinery Testing and Appraisal Station of the Ministry of Agriculture, and the provincial-level popularization appraisal shall be uniformly accepted by the accepting institutions announced by the administrative departments of agricultural mechanization of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government.
Article 10 The accepting institution is responsible for examining the application materials of the enterprise, deciding whether to accept the application within 10 days from the date of receiving the application materials, and notifying the applicant in writing. If it is not accepted, it shall explain the reasons.
Eleventh any of the following circumstances, will not be accepted:
(1) Products not included in the newly published product category publicity and labeling guide;
(two) the sales volume and sales area do not meet the requirements;
(3) Products explicitly eliminated by the state;
(four) the application materials are incomplete or the content does not meet the requirements;
(5) Other circumstances that should not be accepted.
Twelfth accepting institutions shall, in accordance with the principles of justice, fairness, rationality and efficiency, promote the appraisal task as a whole and specify the time to complete the appraisal task. The appraisal institution of agricultural machinery shall report the appraisal work to the administrative department of agricultural mechanization of the people's government before the end of each year 12.
Thirteenth the applicant shall pay the relevant fees to the institution that accepts and undertakes the appraisal task in accordance with the relevant provisions.
Chapter IV Evaluation and Announcement
Fourteenth agricultural machinery appraisal institutions that undertake ministerial-level promotion and appraisal tasks shall be recognized by the Ministry of Agriculture, and the appraisal work shall be carried out within the scope of recognition.
Agricultural machinery appraisal institutions that undertake the task of popularizing and appraising at the provincial level shall be organized by the administrative department of agricultural mechanization of the provincial people's government to appraise their ability at the provincial level, and carry out appraisal work within the appraisal scope.
Fifteenth promotion appraisal according to the Ministry of agriculture and the provincial people's government administrative department of agricultural mechanization issued the general rules of promotion appraisal and related product promotion appraisal outline. If there are general rules and outlines for promotion assessment at or above the ministerial level, the assessment shall be conducted in accordance with the general rules and outlines for promotion assessment at or above the ministerial level. The evaluation contents include:
(1) technical requirements and performance test;
(2) safety inspection;
(3) Reliability test;
(4) Applicability evaluation;
(5) Review of instructions;
(six) the examination of the three guarantees certificate;
(7) Review of production conditions;
(8) User survey.
In the name of the group company (head office), if different subsidiaries and branches (factories) produce the same trademark (brand) and model products, product tests and production conditions tests should be carried out respectively.
Sixteenth personnel who undertake the assessment of production conditions shall have the qualification of extension appraisal examiner. The personnel who undertake the product testing work should have the qualification of promotion examination inspector.
Seventeenth inspectors or examiners shall confirm the authenticity of the application materials and the technical specifications of the designated products when implementing the popularization and appraisal.
Eighteenth agricultural machinery appraisal institutions independently complete the task of popularization and appraisal, it shall issue a report on the popularization and appraisal of the institution. If the cooperation is completed, the lead agency shall issue a promotion appraisal report. Agricultural machinery appraisal institutions shall be responsible for the promotion appraisal report issued by them.
Agricultural machinery appraisal institutions that cooperate to complete the task of popularization and appraisal shall reasonably allocate appraisal fees according to their respective workload, and shall not exceed the standard fees and repeat fees.
Nineteenth promotion appraisal project does not meet the requirements of appraisal, and can be rectified in a short period of time, allowing enterprises to rectify once, but the rectification period shall not exceed 3 months. After rectification, it still does not meet the requirements, and the appraisal conclusion is not passed.
Twentieth agricultural machinery appraisal institutions shall, within 05 days from the date of the end of the appraisal, issue a promotion appraisal report to the applicant. After the applicant confirms that there is no objection, if the conclusion of popularization and appraisal is passed, it shall be reported to the administrative department of agricultural mechanization of the people's government at the same level for examination and approval, and a certificate of popularization and appraisal shall be issued.
If the applicant disagrees with the appraisal result, he may apply for re-inspection within/0/5 days from the date of receiving the appraisal report. The expenses for reinspection shall be borne by the responsible party.
The agricultural machinery test and appraisal station of the Ministry of Agriculture is responsible for the review of the ministerial promotion appraisal report and other materials, and completes the review within 15 days from the date of receiving the materials, and reports the review summary to the Ministry of Agriculture for approval and certification.
Twenty-first administrative departments of agricultural mechanization of the people's governments at or above the provincial level shall make an announcement on the products and enterprises that have passed the popularization and appraisal, and publish relevant information in the designated media. In principle, the announcement of promotion and appraisal is issued quarterly 1 time. Agricultural machinery appraisal institutions shall also publish the corresponding test results. The applicant shall, within 10 days after the announcement, go to the accepting institution to receive the promotion appraisal certificate and order the special logo.
Chapter V Alteration and Cancellation
Twenty-second promotion appraisal certificate within the validity period, certificate information, product structure, production conditions and other changes, the certificate holder shall submit a written report and related certification materials to the original promotion appraisal acceptance institution within 1 month.
The accepting institution puts forward handling opinions according to the report. Meet the conditions for replacement, notify the enterprise to apply for replacement. If the product structure and production conditions have changed greatly, the enterprise shall be notified to re-apply for popularization and appraisal.
When an enterprise applies for renewal of certificate or reapplication for popularization and appraisal, it shall also return the original certificate.
Twenty-third agricultural machinery appraisal institutions shall, after examining and verifying the application for replacement, report to the administrative department of agricultural mechanization of the people's government for approval. According to the relevant written materials, if it is determined that the information applied for change does not involve the change of product structure and production conditions, the certificate can be directly submitted for change; In case of uncertainty, product conformity confirmation and production condition review shall be conducted. After confirmation and examination, if the product structure has not changed and the production conditions have changed but meet the requirements, a certificate can be submitted for change; If the product structure type has changed greatly, or the production conditions have changed and do not meet the requirements, it will not be replaced.
Twenty-fourth products and enterprises that have been approved to change the promotion appraisal certificate shall be announced in accordance with the relevant provisions of Article 21 of these Measures. The changed certificate should also indicate the relevant contents before the change and the renewal date, and the original certificate number and validity period remain unchanged.
Twenty-fifth products and enterprises that have obtained the certificate of popularization and appraisal shall, within the validity period of the certificate, revoke their certificates and make an announcement if they are verified to be in any of the following circumstances:
(1) The producer fails to solve major quality problems or centralized quality complaints of the products within the prescribed time limit;
(two) the relevant contents of the certificate have changed and the certificate has not changed;
(3) Failing to change the certificate according to the provisions of Article 23 of these Measures;
(four) there are serious quality problems in the national product quality supervision and spot check or market quality supervision and spot check;
(five) the products are listed in the catalogue of products explicitly eliminated or prohibited by the state;
(6) Obtaining an appraisal result or certificate by fraud, fraud, bribery or other improper means;
(seven) lease, lend, alter, falsely use, transfer the certificate of popularization and identification, and use the special mark of popularization and identification in accordance with the provisions or beyond the scope;
(8) A product has an intellectual property dispute, and the people's court decides that the certificate holder has infringed, and the judgment has come into effect;
(nine) the results of supervision and inspection show that there are serious defects in the production conditions of the factory, or there are serious problems in product consistency;
(ten) refused to accept or cooperate with the supervision and inspection, if the circumstances are serious;
(eleven) other circumstances in which the certificate should be revoked.
Chapter VI Supervision and Administration
Twenty-sixth administrative departments of agricultural mechanization of the people's governments at or above the provincial level shall organize supervision and inspection of enterprises and products that have passed the popularization and appraisal. The contents of supervision and inspection include:
(1) Inspection of production conditions;
(two) the enterprise name, address and product consistency inspection;
(three) check the use of certificates and signs.
Twenty-seventh administrative departments of agricultural mechanization of the people's governments at or above the provincial level shall strengthen the supervision of the popularization and appraisal work, and establish a quality feedback system for the popularization and appraisal work. Within 7 days after the end of the popularization and appraisal work, the applicant enterprise shall fill in the Feedback Form of Popularization and Appraisal Work (see Table 2) and report it to the Agricultural Mechanization Management Department of the Ministry of Agriculture or the administrative department of agricultural mechanization of the provincial people's government accordingly.
Twenty-eighth agricultural machinery appraisal institutions should strengthen the education and supervision of their staff, and accept the supervision of enterprises and society. If the inspectors and examiners of popularization and appraisal are reported to complain, the agricultural machinery appraisal institution to which they belong shall investigate and verify the reported illegal acts within three months. After verification, if the circumstances are serious, the qualifications of universal appraisal inspectors and assessors shall be cancelled and administrative sanctions shall be given according to law.
Twenty-ninth extension appraisal inspectors shall be trained and assessed by the agricultural machinery appraisal institution where they are located on the relevant laws and regulations, technical specifications, test methods and instrument operation methods. Only after passing the examination can they engage in extension appraisal work. The inspector of popularization and appraisal shall be the on-the-job personnel of the subordinate unit. Agricultural machinery appraisal institutions shall, after the end of the training and assessment, timely report the list of qualified extension appraisal inspectors to the Ministry of Agriculture or the administrative department of agricultural mechanization of the provincial people's government for the record.
Thirtieth examiners who undertake the promotion and appraisal work at the ministerial level shall be trained and assessed by the agricultural machinery test and appraisal station of the Ministry of Agriculture. The examiners who undertake the provincial-level popularization and appraisal work shall be trained and assessed by the local agricultural machinery appraisal institutions, and only after passing the examination can they engage in the examination, supervision and inspection of the production conditions for popularization and appraisal.
Thirty-first promotion examiners shall meet the following conditions:
(a) with a bachelor degree or above or intermediate professional and technical titles;
(two) familiar with the relevant agricultural machinery products production technology, product standards and quality management system standards;
(three) engaged in related work for more than 4 years.
Thirty-second agricultural machinery appraisal institutions shall establish a standardized file management system, and keep the records of popularization and appraisal work and related materials completely for at least 5 years.
Chapter VII Supplementary Provisions
Thirty-third working days as mentioned in these Measures refer to working days.
Article 34 The Department of Agricultural Mechanization Management of the Ministry of Agriculture may, according to the needs of the work, modify and improve the content and format of the annex.
Article 35 These Measures shall come into force as of 20 10/0/0/0, and the Implementation Measures for Ministerial Popularization and Appraisal of Agricultural Machinery (Trial) issued on June 65438+10/5, 2007 (June 2007)
Timetable:
1, application form for popularization and appraisal of agricultural machinery (omitted)
2, the promotion of appraisal work feedback table (omitted)