**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 to take effect 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 the 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**
Agricultural products refer to primary products derived from agricultural activities, including plants, animals, microorganisms, and their by-products. The term "quality and safety of agricultural products" refers to the requirement that such products meet health and safety standards.
**Article 3**
The administrative departments of agriculture at or above the county level shall be responsible for the supervision and management of the quality and safety of agricultural products. Other relevant government departments shall perform their duties in accordance with their respective responsibilities.
**Article 4**
Local governments at or above the county level shall include the management of agricultural product quality and safety in their economic and social development plans and allocate necessary funds.
**Article 5**
Local governments at or above the county level shall coordinate efforts to ensure the quality and safety of agricultural products within their regions, and establish a robust service system to enhance product safety.
**Article 6**
The State Council's agricultural administrative department shall establish an expert committee to conduct risk assessments on agricultural product safety. Based on these assessments, appropriate measures will be taken, and results will be shared with relevant state departments.
**Article 7**
The State Council and provincial-level agricultural authorities shall publish information on agricultural product quality and safety in accordance with established guidelines.
**Article 8**
The state encourages standardized production and the creation of high-quality agricultural products, while strictly prohibiting the production and sale of substandard goods.
**Article 9**
Research and technological innovation in agricultural product safety are supported, and advanced, safe production techniques are promoted.
**Article 10**
Government agencies and relevant departments should raise public awareness about agricultural product safety and guide producers and sellers to strengthen quality control.
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**Chapter II: Standards for the Quality and Safety of Agricultural Products**
**Article 11**
The state establishes mandatory technical specifications for agricultural product quality and safety. These standards must be formulated and published in accordance with relevant laws and regulations.
**Article 12**
Standards should consider risk assessment results and incorporate feedback from producers, sellers, and consumers to ensure consumer protection.
**Article 13**
Standards must be updated regularly based on scientific progress and evolving safety needs.
**Article 14**
The competent agricultural department, in coordination with other relevant agencies, is responsible for organizing and implementing these standards.
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**Chapter III: Origin of Agricultural Products**
**Article 15**
Local agricultural authorities may designate areas unsuitable for certain agricultural products due to environmental risks and must report these areas to the local government.
**Article 16**
Governments at or above the county level should improve the conditions of agricultural production bases and promote standardized demonstration areas.
**Article 17**
It is illegal to produce or collect agricultural products in areas where toxic substances exceed acceptable limits.
**Article 18**
Discharging waste into agricultural areas is prohibited, and water and fertilizers used must meet national standards.
**Article 19**
Producers must use chemical inputs responsibly to prevent pollution of agricultural land.
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**Chapter IV: Production of Agricultural Products**
**Article 20**
The State Council and provincial agricultural departments must set technical requirements for safe production. Local authorities should provide guidance to producers.
**Article 21**
A permit system applies to agricultural inputs like pesticides and fertilizers. Regular inspections are conducted, and results are publicly announced.
**Article 22**
Authorities must manage the use of agricultural inputs and ensure safe application practices.
**Article 23**
Research institutions and extension agencies must train producers in quality and safety practices.
**Article 24**
Producers must maintain detailed records of input usage, disease control, and harvest dates. Records must be kept for two years.
**Article 25**
Producers must follow regulations when using agricultural inputs and observe safety intervals. Prohibited inputs are strictly forbidden.
**Article 26**
Producers must test products before sale, and those failing to meet standards cannot be sold.
**Article 27**
Cooperatives and trade associations must provide technical support and ensure internal quality control systems.
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**Chapter V: Packaging and Labeling of Agricultural Products**
**Article 28**
Products must be properly labeled with details such as name, origin, manufacturer, date, and grade. Additives must also be listed.
**Article 29**
Packaging materials must comply with national technical specifications.
**Article 30**
Genetically modified products must be clearly identified according to existing regulations.
**Article 31**
Quarantined products must be accompanied by certification documents.
**Article 32**
Products must meet quality and safety standards, and producers may apply for pollution-free or quality certification marks.
**Article 33**
Use of false quality labels is strictly prohibited.
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**Chapter VI: Supervision and Inspection**
**Article 34**
Products containing banned substances, exceeding safety limits, or contaminated with harmful materials cannot be sold.
**Article 35**
Inspections must be carried out by qualified laboratories, and no fees can be charged to sampled producers.
**Article 36**
Producers may request re-inspection if they disagree with test results. Retesting must not use rapid methods.
**Article 37**
Wholesale markets must inspect products and report any non-compliant items to authorities.
**Article 38**
The public is encouraged to report violations, and all complaints must be addressed promptly.
**Article 39**
Authorities have the right to inspect products, review records, and seize non-compliant goods.
**Article 40**
In case of a safety incident, immediate action must be taken, and relevant authorities notified.
**Article 41**
Authorities must identify responsible parties and handle violations accordingly.
**Article 42**
Imported products must meet Chinese safety standards, and foreign standards may be used temporarily.
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**Chapter VII: Legal Liability**
**Article 43**
Failure to perform supervisory duties or abuse power will result in administrative penalties.
**Article 44**
Falsified test results will lead to fines, revocation of testing qualifications, and liability for damages.
**Article 45**
Polluting agricultural areas with hazardous substances will result in penalties under environmental laws.
**Article 46**
Violation of agricultural input regulations will be punished under relevant laws.
**Article 47**
Failure to maintain production records may result in fines.
**Article 48**
Selling unmarked or un-packaged products may lead to fines.
**Article 49**
Non-compliant packaging materials may require product recall and fines.
**Article 50**
Selling substandard products may result in fines, confiscation, and destruction.
**Article 51**
False use of quality labels will lead to fines and confiscation of profits.
**Article 52**
Penalties for legal violations are determined by the competent agricultural authority or industry and commerce department.
**Article 53**
Criminal responsibility will be pursued for serious violations.
**Article 54**
Producers and sellers who cause harm to consumers must compensate them.
**Article 55**
Live pig slaughter is regulated under separate national rules.
**Article 56**
This law comes into effect on November 1, 2006.
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