Pollution Control Measures for Agricultural Products Document No.: Decree No. 12 of the Ministry of Agriculture and AQSIQ Date:2002-04-29
Distribution agency: Ministry of Agriculture, General Administration of Quality Supervision, Inspection and Quarantine

The "Administrative Measures for the Pollution-Free Agricultural Products" reviewed and passed at the 7th Director's Office Meeting of the National Certification and Accreditation Administration Committee on January 30, 2002, was passed by the 5th Executive Meeting of the Ministry of Agriculture on April 3, 2002 and April 11, 2002. The 27th meeting of the Director General of the General Administration of Quality Supervision, Inspection and Quarantine of Japan, which was reviewed and approved, is hereby promulgated and will come into effect on the date of promulgation.

April 29, 2002

Pollution-free agricultural product management methods

Chapter 1 General Provisions

Article 1 These Measures are formulated for the purpose of strengthening the management of pollution-free agricultural products, safeguarding the rights and interests of consumers, improving the quality of agricultural products, protecting the agricultural ecological environment, and promoting the sustainable development of agriculture.

Article 2 The term “pollution-free agricultural products” as mentioned in the present Measures means that the environment, production process, and product quality of the place of production meet the requirements of the relevant national standards and regulations. After passing the certification, the company obtains the certification and allows the unprocessed or preliminary processing of the pollution-free agricultural product mark. Edible agricultural products.

Article 3 The management of pollution-free agricultural products shall be promoted by the government, and the mode of work for the identification of origin and product certification shall be implemented.

Article 4 These Measures shall apply to the activities of the production of pollution-free agricultural products, the identification of production areas, product certification, and supervision and management within the territory of the People's Republic of China.

Article 5 The management and quality supervision of non-environmental pollution-free agricultural products in the country shall be performed by the agricultural department, the State Administration of Quality Supervision, Inspection and Quarantine, and the National Certification and Accreditation Regulatory Commission in accordance with the responsibilities assigned by the “three-defining” plan and the relevant provisions of the State Council. Do a good job.

Article 6 The administrative departments of agriculture and the inspection and quarantine departments of quality supervision at all levels shall support the development of pollution-free agricultural products in terms of policies, funds, and technologies, and organize the research, development and promotion of new technologies for pollution-free agricultural products.

Article 7 The State encourages production units and individuals to apply for the identification of the origin of pollution-free agricultural products and product certification.

The range of products for the implementation of pollution-free agricultural product certification shall be jointly determined and adjusted by the Ministry of Agriculture and the National Certification and Accreditation Regulatory Commission.

Article 8 The state shall implement the compulsory pollution-free agricultural product certification system in due course.

Chapter II Conditions of Origin and Production Management

Article 9 The place of production of pollution-free agricultural products shall meet the following conditions:

(1) The production environment is in line with the standard requirements for the environment of the production environment of pollution-free agricultural products;

(b) The scope of the region is clear;

(C) have a certain scale of production.

Article 10 The production and management of pollution-free agricultural products shall meet the following conditions:

(1) The production process meets the standard requirements of pollution-free agricultural product production technology;

(B) have the appropriate professional and technical management personnel;

(C) have a sound quality control measures, and have a complete production and sales records.

Article 11 Units or individuals engaged in the production of pollution-free agricultural products shall use agricultural input products in strict accordance with regulations. It is forbidden to use agricultural inputs that are banned and eliminated by the country.

Article 12 The place of production of pollution-free agricultural products shall be marked with a signboard, indicating the scope, product variety, and persons responsible.

Chapter III Identification of Origin

Article 13 The competent department of agriculture administration at the provincial level shall be responsible for organizing the implementation of the identification of the production base of pollution-free agricultural products within its jurisdiction in accordance with the provisions of these Measures.

Article 14 Any entity or individual that applies for the identification of the place of origin of pollution-free agricultural products (hereinafter referred to as the applicant) shall submit a written application to the county-level agricultural administrative department. A written application shall include the following contents:

(1) The applicant's name (name), address, and telephone number;

(2) The regional scope and production scale of the production area;

(3) Production plans for pollution-free agricultural products;

(d) Description of the production environment;

(5) Quality control measures for pollution-free agricultural products;

(6) Qualification materials concerning professional technology and management personnel;

(7) A statement to ensure the implementation of standards and norms for pollution-free agricultural products;

(8) other relevant materials.

Article 15 The county-level agricultural administrative department shall complete the preliminary examination of the application materials within 10 working days from the date of receipt of the application.

If the preliminary examination of the application materials does not meet the requirements, the applicant shall be notified in writing.

Article 16 Where the preliminary examination of the application materials meets the requirements, the county-level agricultural administrative department shall report the recommendations and related materials to the provincial-level agricultural administrative department step by step.

Article 17 The provincial agricultural administrative department shall complete the examination of the relevant materials within 10 working days from the date of receipt of the recommendation and related materials. If the requirements are met, the relevant personnel shall be organized to take account of the environment of origin and the scope of the region. Production scale, quality control measures, production plans, etc. are checked on site.

If the on-site inspection fails to meet the requirements, the applicant shall be notified in writing.

Article 18 If an on-site inspection meets the requirements, the applicant shall be notified to entrust a qualified testing organization to inspect the production environment.

The organization that undertakes the environmental detection task for origins shall issue a report of the environmental inspection of the origin according to the test results.

Article 19 The provincial agricultural administrative department shall, within 30 working days after the receipt of the on-site inspection report and the production environment inspection report, issue the pollution-free agricultural product, if the material examination, on-site inspection, and the production environment inspection result meet the requirements. The certificate of origin shall be submitted to the Ministry of Agriculture and the National Certification and Accreditation Regulatory Commission for the record.

If it does not meet the requirements, it shall notify the applicant in writing.

Article 20 The certificate of the certificate of origin of pollution-free agricultural products is valid for 3 years. If it is necessary to continue to use the product at the expiration of the time limit, it shall be re-applied before the expiry of 90 days in accordance with the procedure for determining the origin of pollution-free agricultural products as prescribed in these Measures.

Chapter IV Pollution-free Agricultural Products Certification

Article 21 The certification body of pollution-free agricultural products shall be examined and approved by the National Certification and Accreditation Administration Committee and approved by the accreditation body authorized by the State Certification and Accreditation Regulatory Commission before it can engage in pollution-free agricultural product certification activities.

Article 22 A unit or individual applying for the certification of pollution-free products (hereinafter referred to as the applicant) shall submit a written application to the certification body. A written application shall include the following contents:

(1) The applicant's name (name), address, and telephone number;

(2) product variety, regional scope of production and production scale;

(3) Production plans for pollution-free agricultural products;

(d) Description of the production environment;

(5) Quality control measures for pollution-free agricultural products;

(6) Qualification materials concerning professional technology and management personnel;

(7) A statement to ensure the implementation of standards and norms for pollution-free agricultural products;

(8) Certificate of origin of pollution-free agricultural products;

(9) Production process records;

(10) Other materials requested by the certification body.

Article 23 The certification body shall complete the examination of the application materials within 15 working days from the date of receiving the application for pollution-free agricultural product certification.

If the material examination fails to meet the requirements, the applicant shall be notified in writing.

Article 24 If it meets the requirements, the certification body may dispatch on-the-spot inspection of the production environment, regional scope, production scale, quality control measures, production plans, standards, and specifications as required.

If the on-site inspection fails to meet the requirements, the applicant shall be notified in writing.

Article 25 If the material examination meets the requirements, or the material examination and on-site inspection meet the requirements (limited to the need for inspection on the site), the certification body shall notify the applicant to entrust a qualified testing organization to inspect the product.

The organization that undertakes the product testing task will issue a product inspection report based on the test results.

Article 26 The certification body shall, within 30 days after the date of receipt of the on-site inspection report and product inspection report, review the materials, conduct on-site inspections (limited to the need for on-site inspections) and the product inspection results meet the requirements. Internally issued a pollution-free agricultural product certification certificate.

If it does not meet the requirements, it shall notify the applicant in writing.

Article 27 The certification body shall, within 30 working days after the issuance of the pollution-free agricultural product certification certificate, simultaneously submit the copy of the certification certificate issued to it to the Ministry of Agriculture and the National Certification and Accreditation Regulatory Commission for the record, which shall be supervised by the Ministry of Agriculture and the State Certification and Accreditation Administration. Management Committee announcement.

Article 28 The period of validity of a pollution-free agricultural product certification certificate shall be 3 years. If it is necessary to continue to use the product at the expiration of the time limit, it shall be re-applied in accordance with the pollution-free agricultural product certification procedures stipulated in the present Measures 90 days before the expiration date.

If the product variety other than the pollution-free agricultural product certification certificate is produced within the validity period, the original non-environmental agricultural product certification organization shall go through the formalities for the change of the certification certificate.

Article 29 The format of the certificate of origin and certificate of product certification for the production of pollution-free agricultural products shall be prescribed by the Ministry of Agriculture and the State Certification and Accreditation Regulatory Commission.

Chapter 5 Sign Management

Article 30 The Ministry of Agriculture and the State Certification and Accreditation Regulatory Commission shall formulate and issue the "Administrative Measures for the Labeling of Non-environmentally Harsh Agricultural Products."

Article 31 The signs of pollution-free agricultural products shall be used within the range of certified varieties and quantities.

Article 32 Units or individuals that have obtained a pollution-free agricultural product certification certificate may use the pollution-free agricultural product mark on the products, packages, labels, advertisements, and instructions specified in the certificate.

Chapter VI Supervision and Management

Article 33 The Ministry of Agriculture, the State Administration of Quality Supervision, Inspection and Quarantine, the State Certification and Accreditation Administration, and the relevant departments of the State Council shall, in accordance with the division of responsibilities, organize the supervision and administration of the production and sale of pollution-free agricultural products and the use of signs for pollution-free agricultural products.

(1) to consult or require producers and sellers to provide relevant materials;

(2) Supervising the identification of the origin of pollution-free agricultural products;

(3) Supervising the certification work of pollution-free agricultural product certification organizations;

(4) to inspect the testing work of pollution-free agricultural products testing institutions;

(5) To inspect, inspect and appraise the products that use the signs of pollution-free agricultural products;

(6) Where necessary, inspections shall be conducted on the sites of pollution-free agricultural products.

Article 34 The certification body conducts follow-up inspections on the certified products and accepts relevant complaints and appeals.

Article 35 No unit or individual may falsify, fraudulently use, transfer, or purchase the certificate of origin of a pollution-free agricultural product or product certification certificate or logo.

Chapter VII Penalties

Article 36 Any entity or individual that has obtained a certificate of origin for the production of a pollution-free agricultural product that violates the present Measures and has one of the following circumstances shall be warned by the provincial-level agricultural administrative department and be ordered to make corrections within a time limit; if it has not been corrected within the time limit, it shall be withdrawn. Public Certificate of Origin of Agricultural Products:

(1) The pollution-free agricultural product origin is polluted or the production environment does not meet the standard requirements;

(2) agricultural inputs used in the production of pollution-free agricultural products do not meet the requirements of the relevant standards for pollution-free agricultural products;

(3) Unauthorized expansion of the scope of production of pollution-free agricultural products.

Article 37 Whoever violates the provisions of Article 35 of the present Measures shall be ordered by the agricultural administrative department at or above the county level and the local quality supervision, inspection, and quarantine authorities to perform the division of labor according to their respective responsibilities and may be punished by more than 1 time and 3 times the illegal income. The following fines, but the maximum fine may not exceed 30,000 yuan; if there is no illegal income, a fine of up to 10,000 yuan may be imposed.

Article 38 Where a product that has been certified as a non-environmental agricultural product and has a label attached thereto has been inspected, tested, or appraised and does not meet the requirements for the quality standard of a non-polluted agricultural product, the agricultural administrative department at or above the county level or the local quality supervision inspection and quarantine department shall order Stop using the pollution-free agricultural product logo, and the certification body suspends or withdraws the certification certificate.

Article 39 Whoever engages in the management of pollution-free agricultural products who abuse their power, engage in malpractice for personal gains, or neglect their duties shall be given administrative sanctions by the superior administrative department of the unit to which they belong or the unit to which they belong. If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VIII Supplementary Provisions

Article 40: The departments responsible for the identification of the place of origin of pollution-free agricultural products and the institutions for product certification shall not collect fees.

The inspection and non-environmental pollution agricultural product labels of testing organizations shall be charged according to national regulations.

Article 41 The Measures shall be interpreted by the Ministry of Agriculture, the State Administration of Quality Supervision, Inspection and Quarantine and the State Certification and Accreditation Regulatory Commission.

Article 42 These Measures shall come into force as of the date of promulgation.

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