**Presidential Decree No. 49**
The *Law of the People's Republic of China on the Quality and Safety of Agricultural Products* was adopted at the 21st Session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on April 29, 2006, and is hereby promulgated, effective from November 1, 2006.
**President of the People’s Republic of China**
Hu Jintao
April 29, 2006
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**The Law of the People's Republic of China on the Quality and Safety of Agricultural Products**
(Adopted at the Twenty-First Meeting of the Standing Committee of the Tenth National People's Congress on April 29, 2006)
**Table of Contents**
Chapter I: General Provisions
Chapter II: Standards for Quality and Safety of Agricultural Products
Chapter III: Origin of Agricultural Products
Chapter IV: Production of Agricultural Products
Chapter V: Packaging and Labeling of Agricultural Products
Chapter VI: Supervision and Inspection
Chapter VII: Legal Liability
Chapter VIII: Supplementary Provisions
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**Chapter I: General Provisions**
**Article 1**
This law is enacted to safeguard the quality and safety of agricultural products, protect public health, and promote the development of agriculture and rural economies.
**Article 2**
"Agri-products" refer to primary products derived from agriculture, such as plants, animals, microorganisms, and their by-products obtained through agricultural activities. The "quality and safety of agri-products" means that the products meet the requirements necessary to ensure people’s health and safety.
**Article 3**
The administrative departments of agriculture at or above the county level are responsible for supervising and managing the quality and safety of agri-products. Other relevant government departments shall perform their duties in accordance with their responsibilities.
**Article 4**
Local governments at or above the county level shall incorporate the management of agri-product quality and safety into their national economic and social development plans and allocate funds accordingly.
**Article 5**
Governments at or above the county level shall coordinate efforts to improve the quality and safety of agri-products within their regions and establish a robust service system to support this goal.
**Article 6**
The State Council's agricultural administration department shall establish an expert committee to conduct risk assessments on agri-product safety. Based on these assessments, appropriate measures will be taken and results shared with relevant departments.
**Article 7**
The State Council’s agricultural administration and provincial agricultural authorities shall publish information on agri-product safety in accordance with established guidelines.
**Article 8**
The state encourages standardized production of agri-products, supports the development of high-quality products, and strictly prohibits the production and sale of products that do not meet safety standards.
**Article 9**
Research and promotion of advanced technologies and scientific methods for agri-product safety are supported.
**Article 10**
Government agencies and departments should raise public awareness about agri-product safety and encourage producers and sellers to strengthen quality control.
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**Chapter II: Standards for Quality and Safety of Agricultural Products**
**Article 11**
The state establishes mandatory technical specifications for agri-product quality and safety standards. These standards must be formulated and published in accordance with laws and regulations.
**Article 12**
Standards should reflect risk assessments and consider the views of producers, sellers, and consumers to ensure consumer safety.
**Article 13**
Standards must be updated regularly based on technological progress and safety needs.
**Article 14**
The agricultural administration department, in consultation with other relevant departments, shall organize and implement these standards.
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**Chapter III: Origin of Agricultural Products**
**Article 15**
Local agricultural authorities may designate areas where certain agri-products cannot be produced if environmental conditions pose risks. These areas must be approved by local governments.
**Article 16**
Governments at or above the county level shall enhance the infrastructure for agri-product production and promote safe and standardized practices.
**Article 17**
It is prohibited to produce or collect agri-products in areas with toxic substances exceeding legal limits.
**Article 18**
Discharging harmful substances into agri-product production areas is strictly forbidden. Water and fertilizers used must meet state standards.
**Article 19**
Producers must use chemical inputs responsibly to avoid contaminating production sites.
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**Chapter IV: Production of Agricultural Products**
**Article 20**
The State Council and provincial agricultural authorities shall set technical requirements for safe production. Local authorities must guide producers accordingly.
**Article 21**
A permit system applies to agricultural inputs such as pesticides, fertilizers, and veterinary drugs. Regular inspections are conducted and results made public.
**Article 22**
Authorities must manage the use of agricultural inputs and maintain a safe usage system.
**Article 23**
Research institutions and extension agencies must train producers in quality and safety practices.
**Article 24**
Production enterprises and cooperatives must keep records of inputs, disease control, and harvest dates for two years. Falsification is strictly prohibited.
**Article 25**
Producers must follow regulations on input use and safety intervals to prevent harm to product quality.
**Article 26**
Enterprises and cooperatives must test products before sale. Those failing to meet standards may not be sold.
**Article 27**
Cooperatives and trade associations must provide technical services, establish quality systems, and enforce self-regulation.
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**Chapter V: Packaging and Labeling of Agricultural Products**
**Article 28**
Products must be packaged and labeled with details like name, origin, date, and quality grade. Additives must also be listed.
**Article 29**
Packaging materials must meet national technical standards.
**Article 30**
Genetically modified agri-products must be clearly identified.
**Article 31**
Quarantined products must carry official certificates and marks.
**Article 32**
Products must meet safety standards. Producers may apply for pollution-free or quality marks.
**Article 33**
It is illegal to use false quality labels.
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**Chapter VI: Supervision and Inspection**
**Article 34**
Products containing prohibited substances, excessive toxins, or non-compliant additives may not be sold.
**Article 35**
Monitoring systems are in place. Inspections must be conducted by qualified agencies without charging fees.
**Article 36**
Producers may request re-inspection if they disagree with results. Re-tests must not use rapid methods.
**Article 37**
Wholesale markets must inspect products and report non-compliant items.
**Article 38**
The public is encouraged to report violations. Authorities must act promptly.
**Article 39**
Inspection officers have the right to inspect, investigate, and seize unsafe products.
**Article 40**
In case of accidents, reports must be made to local authorities. Major incidents require notification to food regulators.
**Article 41**
Authorities must identify responsible parties and take legal action against violations.
**Article 42**
Imported agri-products must meet safety standards. If no standards exist, foreign standards may be used temporarily.
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**Chapter VII: Legal Liability**
**Article 43**
Failure to fulfill supervisory duties may result in administrative penalties.
**Article 44**
Falsifying inspection results leads to fines, revocation of qualifications, and liability for damages.
**Article 45**
Polluting agri-product areas violates environmental laws and incurs compensation obligations.
**Article 46**
Violations of input regulations are subject to legal penalties.
**Article 47**
Failure to maintain production records may result in fines up to 2,000 RMB.
**Article 48**
Selling unmarked products may result in fines under 2,000 RMB.
**Article 49**
Non-compliant packaging materials may lead to product recall, destruction, and fines.
**Article 50**
Selling unsafe products may result in fines and confiscation of profits.
**Article 51**
Misusing quality labels may result in fines and confiscation of profits.
**Article 52**
Penalties are decided by agricultural or industry and commerce authorities.
**Article 53**
Criminal responsibility applies for serious violations.
**Article 54**
Producers and sellers who cause harm must compensate consumers.
**Article 55**
Live pig slaughter is regulated by existing state rules.
**Article 56**
This law comes into effect on November 1, 2006.
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