On September 2, the newly amended Law on Quality and Safety of Agricultural Products was approved at the 36th session of the Standing Committee of the 13th National People's Congress, which will come into force on January 1, 2023.

In order to help enterprises better understand the relevant requirements, Antion compared the contents of the new Law on Quality and Safety of Agricultural Products with the current version (hereinafter referred to as the "current law"), analyzed and interpreted its main changes and impacts.

Strictly implement responsibilities in quality and safety of agricultural products

Farmers are included in the scope of supervision, and it is clarified that agricultural production enterprises, specialized farmer cooperatives and farmers shall be responsible for the quality and safety of agricultural products under their production and operation. Local governments shall be responsible for the quality and safety of agricultural products in their administrative areas; strengthen the supervision on harvesting, storage and transportation, and define the obligations in testing and conformity certificate inspection of agricultural product wholesale markets, sales enterprises, manufacturers, etc.; for new business models and new forms of agricultural product sales, stipulate the responsibilities in quality and safety of manufacturers and business operators engaged in sales of agricultural products online and cold chain logistics of agricultural products.

Reinforce risk management and standard establishment in quality and safety of agricultural products

It is clarified to apply the basic principles of source governance, risk management and whole-process control, establish the system of quality and safety risk monitoring and evaluation, and strengthen the risk management of key areas and key agricultural product categories. Meanwhile, it is emphasized that quality and safety standards of agricultural products are mandatory standards, further clarifying the contents of quality and safety standards and ensuring strictly implement.

Improve the control measures for the whole process of agricultural product production and operation

Adhere to source governance, improve the environmental survey, monitoring and evaluation system of place of origin, put forward clear requirements for fertilizer, pesticide and additive control and scientific and reasonable use of agricultural inputs, and strengthen internal quality control of agricultural product manufacturers; clarify supervision requirements for storage and transportation, to prevent secondary pollution from agricultural products; establish the commitment of conformity certificate system and traceability management system, and enhance awareness of quality and safety of agricultural products, to achieve available production records, tracking of product flow and clear responsibilities.

Strengthen the supervision of agricultural product signs

The new Law on the Quality and Safety of Agricultural Products prohibits the fraudulent use of quality marks of agricultural products, and strengthens the protection and management of agricultural products with geographical indications. For animals, plants and their products that are subject to quarantine according to laws, quarantine marks and certificates should be attached.

Strengthen supervision and management of quality and safety of agricultural products

Clarify the supervision responsibilities of departments of agricultural and rural affairs and of market supervision, improve the random inspection mechanism, and clarify that samples collected should be paid at market price. Meanwhile, it is emphasized that departments of agricultural and rural affairs and of market supervision should strengthen cooperation and law enforcement connection, and establish whole process supervision and management collaboration mechanism, to ensure the quality and safety of agricultural products from production to consumption. For local governments with poor performance and prominent problems, the main responsible persons may be questioned.

Increase penalties of illegal acts

The penalties of illegal acts are increased through connection with the Food Safety Law, and provisions are made on connection between administrative law enforcement and criminal justice. In addition, considering China's national and agricultural conditions, lighter penalties for farmers have been stipulated, to play a deterrent role and guide farmers to regulate production and operation by taking into account the current status of farmers’ development.

In the production process of agricultural products, if agricultural inputs or other toxic and harmful substances prohibited by the state are used, and the value of the goods is less than 10,000 Yuan, a fine of 100,000 to 150,000 shall be imposed; if the value of the goods is more than 10,000 Yuan, a fine of 150,000-300,000 Yuan shall be imposed; a fine of 1,000 Yuan to 10,000 Yuan shall be imposed on farmers.

For selling agricultural products such as pesticides and veterinary whose chemical residues do not meet the quality and safety standards of agricultural products; if the value of the goods is less than 10,000 Yuan, a fine of 50,000—100,000 Yuan shall be imposed, and if the value of the goods is more than 10,000 Yuan, a fine of 100,000—200,000 Yuan; a fine of 500—5,000 Yuan shall be imposed on farmers.

For fraudulent use of agricultural product quality mark, or sale of agricultural products with fraudulent use of agricultural product quality mark, illegal gains shall be confiscated and a fine of 5,000 to 50,000 Yuan shall be imposed if the value of the goods is less than 5,000 Yuan; a fine of 50,000—100,000 Yuan if the value of the goods is more than 5,000 Yuan.

In addition, if the legitimate rights and interests of many consumers are infringed and the public interests are harmed, the People's Procuratorate may file a lawsuit in the People's Court in accordance with laws.

In summary, the new Law on Quality and Safety of Agricultural Products further improved the quality and safety supervision of agricultural products, regulated the production and operation activities, which conforms to China's current national conditions and agricultural conditions, and helps promote technological development and the implementation of regulatory measures, so as to improve the quality and safety of agricultural products and safeguard people's lives and health.

Source: Antion

Note: This article is compiled by Antion, please indicate our source if reprint it.