Governor Guo Gengmao March 19, 2008 Hebei Agricultural Products Market Access Measures Chapter 1 General Provisions Article 1 In order to strengthen supervision and management of agricultural product quality and safety and safeguard public health and life safety, the relevant laws and regulations are stipulated in the "Law of the People's Republic of China on Quality and Safety of Agricultural Products" and "Special Provisions of the State Council on Strengthening the Supervision and Administration of Safety of Food Products". , combined with the actual situation of the province, formulate these measures. Article 2 The business activities for the sale of agricultural products by various market entities, such as wholesale markets, farmer's markets and other types of markets, supermarkets, and distribution centers within the administrative area of ​​the province, shall abide by these Measures. Article 3 The term "agricultural products" as mentioned in the present Measures refers to primary products derived from agriculture, ie, plants, animals, microbes and their products obtained in agricultural activities. The term "admission of agricultural products market" as mentioned in the present Measures means that in accordance with the provisions of laws, regulations and rules, it is permitted to sell certified agricultural products, green foods, organic agricultural products, and agricultural products that meet the requirements of the national quality and safety standards. The inspection system that prohibits the sale of agricultural products that do not meet the national quality and safety standards. Article 4 The people's government at or above the county level shall unifiedly lead and coordinate the market access of agricultural products within its own administrative region, establish and improve the market access system for agricultural products and promote its implementation. The municipal people's government of the district shall be responsible for formulating the market access plan for agricultural products within its administrative area and submit it to the provincial people's government for the record. Article 5 The agricultural administrative department of the people's government at or above the county level shall be responsible for the supervision and administration of the market access of agricultural products within its administrative area. The relevant departments of industry and commerce, health, quality supervision, and commerce of the people's government at or above the county level shall, in accordance with their respective responsibilities, do a good job in the market access of agricultural products. Article 6 Market access of agricultural products shall be carried out in accordance with unified planning, step-by-step implementation, gradual progress, and continuous improvement, and shall be divided into varieties, phases, and steps. Since July 1, 2008, market access has been granted to vegetables, fruit products, livestock and poultry products and aquatic products sold in wholesale markets, supermarkets and distribution centers within the urban districts of the district. Municipal People's Government according to the actual local regulations. Since January 1, 2009, market access has been granted to vegetables, fruit products, livestock and poultry products and aquatic products sold in wholesale markets, supermarkets, and distribution centers within the county (city) urban areas. The specific access categories are counties (cities). ) People's government according to local regulations. Before December 31, 2010, all agricultural products sold by various market players, such as wholesale markets, farmer's markets, supermarkets, and distribution centers, were subject to market access. Except for the kinds of agricultural products and geographical areas already stipulated in the second and third paragraphs of this Article, the specific access content and time of implementation shall be determined by the local people's government of the district based on actual local conditions, but it shall comply with the "Quality and Safety of Agricultural Products of the People's Republic of China." "Law" and other relevant laws and regulations. Chapter II Packaging Identification and Testing Article 7 Agricultural products that have been packaged or otherwise marked according to the provisions of the State and this Province shall not be listed and sold until they have been packaged or attached. Article 8 Agricultural products packaged and listed on the market shall be marked on the package or attached with a mark, indicating the name, place of production, name of producer or seller, and date of manufacture. Where there are grading standards or the use of additives, the product quality grade or additive name shall also be indicated. The agricultural products that cannot be packaged shall be marked in the form of additional labels, identification plates, identification bands, manuals, etc. to indicate the names of the agricultural products, the place of production, the name of the producer or seller, etc. Article 9 Agricultural products that have been sold to obtain the right to use quality marks such as pollution-free agricultural products, green food, and organic agricultural products shall be marked with corresponding signs and issuing agencies. Article 10 Agricultural products that meet one of the following conditions may be exempted from entry into the market: (1) The pollution-free agricultural products, green food, and organic agricultural products within the valid period of the certification shall be certified with the certification mark; (2) The same batch of agricultural products that meet the national quality and safety standards are inspected by statutory testing organizations, with valid certificates of conformity; (3) the agricultural products produced from the designated production areas of pollution-free agricultural products that have been signed with the agricultural product sales market, and the certificate of origin and sales contract; (4) agricultural products distributed and sold in the wholesale market of agricultural products, with certificates of origin and inspection reports issued by market sponsors; (5) Other agricultural products that meet the quality and safety standards, with production certificate and inspection report issued by the county-level agricultural administrative department or the township government, village committee, and farmer professional cooperative economic organization; (6) Pork that has been slaughtered at designated points and qualified for quarantine inspection shall be provided with a quarantine conformity mark and quarantine certificate in accordance with the quarantine mark and other animal and plant products that require quarantine according to law. Article 11 Wholesale markets, farmers' markets, supermarkets, and distribution centers shall establish or entrust agricultural product quality and safety inspection agencies to conduct random inspections and inspections of the quality and safety of agricultural products entering the market, publicize inspection results, and find agricultural products that do not meet national quality and safety standards. It shall not be permitted to enter the market for sale, nor may it be resold to other markets or other business operators, and shall report to the competent administrative department of agriculture according to law. Inspection certificates and inspection results of agricultural products are displayed prominently on the business premises. Article 12 The sellers, supermarkets, and distribution centers of wholesale markets and farmers' markets must establish inspection and acceptance systems for the inspection of agricultural products, examine the qualifications of the suppliers, verify the product's certifications and product identifications, and establish the purchase accounts and sales. Desk account, truthfully record product variety, specifications, quantity, flow direction, etc. The retention period of purchase account and sales account can not be less than two years. The seller shall, according to the manufacturer's production batch, request inspection reports issued by inspection agencies that meet the statutory conditions or copies of inspection reports signed or sealed by the supplier; agricultural products that cannot provide inspection reports or copies of inspection reports Or the agricultural products that fail to meet the quality and safety standards for agricultural products may not be sold. Article 13 Restaurants, school and school canteens, kindergarten canteens, institutional canteens, food delivery centers, and other collective catering and dining units shall establish and implement the inspection and acceptance system for incoming goods, establish and improve the system for claiming cable tickets, and must not be unqualified in purchasing or testing. Unknown farm products. Article 14 An agricultural product production enterprise shall be responsible for the quality of the agricultural products it produces, if it discovers that the agricultural products produced by it have potential safety hazards and may cause damage to human health or life safety, it shall publish relevant information to the public and notify the seller to stop the sale. Inform consumers to stop using the products, actively recall agricultural products, and report to the agricultural administrative department. If the seller finds that the agricultural products it sells have potential safety hazards and may cause damage to human health and life safety, it shall immediately stop the sale of the agricultural products, notify the manufacturer or supplier, report it to the administrative department for industry and commerce, and promptly return the products for delivery. Business or effective measures such as destruction and decontamination. Chapter III Construction of Safeguard System Article 15 The agricultural administrative department of the people's government at or above the county level shall, in accordance with local conditions, continuously improve the inspection and inspection system for the quality and safety of agricultural products, and the quality and safety supervision system for agricultural products, and improve the various management systems. Article 16 Various market entities such as wholesale markets, farmer's markets and other types of markets, supermarkets, distribution centers, etc. shall establish and improve inspection of acceptance of agricultural products, quality sampling, active recall of agricultural products in question, retiring and rejecting unqualified agricultural products, and maintaining purchase and sales accounts and Quality traceability and other systems are equipped with agricultural product quality safety supervisors. The supervisory and administrative departments of agriculture, industry and commerce of the people's government at or above the county level shall strengthen the business training of agricultural product quality safety supervision and management personnel. Article 17 Agricultural product production enterprises and farmers' specialized cooperative economic organizations shall establish production archives of agricultural products, and fully record the use of agricultural input products and pest and disease prevention and control. Article 18 Agricultural product production enterprises and farmers' professional cooperative economic organizations are encouraged to formulate and implement strict internal control standards for enterprises, carry out certification of agricultural product origin and quality certification of agricultural products, and produce high-quality, high-quality agricultural products. Chapter IV Supervision and Inspection Article 19 The administrative department of agriculture of the people's government at or above the county level shall carry out quality and safety supervision and spot checks on agricultural products subject to market access. The administrative department of agriculture of the provincial people's government shall issue the results of supervision and spot checks in a timely manner. Article 20 The agricultural administrative department of the people's government at or above the county level may, in the supervision and inspection of agricultural product quality and safety, conduct on-site inspections of agricultural products produced and sold, investigate and understand the relevant conditions of agricultural product quality and safety, and inspect and reproduce the quality and safety of agricultural products. Records and other materials; For agricultural products that do not meet the quality and safety standards, they shall be sealed up, detained and supervised in a harmless manner or destroyed centrally. Article 21 When the agricultural, industrial and commercial and other supervisory and administrative departments of the people's government at the county level or above find agricultural products that do not meet the quality and safety standards in supervision and inspection or market spot checks, they shall promptly identify the responsible persons, and deal with them according to law or make suggestions for handling. Chapter V Legal Liability Article 22 The relevant supervisory and administrative departments of agriculture, industry and commerce, and other people’s governments at and above the county level shall not perform their supervisory duties in accordance with the law, or neglect their duties, abuse their power, or engage in malpractice for personal gains; they shall be given administrative sanctions in accordance with the law; criminal responsibility. Article 23 Whoever violates the provisions of Articles 7, 8 and 9 of the present Measures and sells agricultural products that have not been packaged in accordance with regulations or have not been marked, shall be ordered by the agricultural administrative department of the people's government at or above the county level to make corrections within a time limit; If it is corrected, it may impose a fine of not more than 2,000 yuan. Article 24 In violation of the provisions of Article 11 of the present Measures, where wholesale markets, farmers' markets, supermarkets, and distribution centers fail to carry out spot checks, inspections and public inspections as required, the agricultural administrative department of the people's government at or above the county level shall order them to make corrections; If they do not correct, they may be fined between 2,000 yuan and 20,000 yuan. Article 25 Whoever violates the provisions of Article 13 of the present Measures and fails to pass the procurement inspection or the agricultural product whose origins are unknown, shall be ordered by the health administrative department of the people's government at or above the county level to make corrections within a time limit; if it is not corrected after the due date, it may be 2,000 yuan. The following fine. Article 26 Whoever violates the provisions of Article 14 of the present Measures shall be ordered by the supervisory and administrative departments of agriculture, industry and commerce, health, quality supervision, and commerce of the people's government at or above the county level to recall the products by the production companies according to their respective duties and the sellers shall stop selling them. A fine of three times the value of the merchandise at the production enterprise shall be imposed on the seller and a fine of not less than 1,000 yuan but not more than 50,000 yuan shall be imposed on the seller. If the serious consequence is caused, the original license-issuing department shall revoke the license. Article 27 Whoever violates the provisions of the first paragraph of Article 16 of the present Measures shall be ordered by the agricultural or industrial and commercial administrative department of the people's government at or above the county level to make corrections within a time limit; if the time limit is not corrected, a fine of 500 yuan up to 10,000 yuan may be imposed. . Article 28 The provisions of laws and regulations that govern administrative penalties and penalties include other provisions. However, no penalty shall be imposed on the same illegal act. Chapter VI Supplementary Provisions Article 29 These Measures shall come into force on May 1, 2008. 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Hebei Agricultural Products Market Access Measures
The "Measures for Admitting Agricultural Products Market in Hebei Province" was approved by the 93rd executive meeting of the provincial government on January 7, 2008 and is hereby promulgated. It will come into effect on May 1, 2008.