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深圳市鲜活农产品食用安全管理规定 Order of the Shenzhen Municipal People’s Government

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深圳市人民政府令第114号

(No. 114)

颁布日期:20020415  实施日期:20020715  颁布单位:深圳市人民政府

  Rules of the Shenzhen Municipality on the Administration of the Food Safety of Fresh and Live Agricultural Products was deliberated and adopted at the Fifty-Third Executive Meeting of the Third Session of the Municipal Government on March 29, 2002 and is now promulgated. It shall take effect as of July 15, 2002.

  April 15, 2002

  Rules of the Shenzhen Municipality on the Administration of the Food Safety of Fresh and Live Agricultural Products

  Chapter I General Provisions

  Article 1 In order to strengthen the administration of the food safety of agricultural products, prevent agricultural products from pollution in production, distribution and processing or from added materials harmful to human body, and guarantee people‘s health and safety of life, these rules are hereby formulated in accordance with the law and regulations of the state and in the light of the practical conditions of the Shenzhen City.

  Article 2 Agricultural products referred to in these rules shall mean vegetables, fruit, dairy products, aquatic products, livestock and slaughtered livestock which are grown or raised to provided food for the humans.

  The food safety referred to in these rules shall mean the activities related to the food safety in production, distribution and processing of agricultural products.

  Article 3 The department of agricultural administration shall be responsible for the administration of production, distribution and use of agricultural inputs, epidemic prevention, inspection and quarantine of grown or raised products, and establishment and management of a food safety certifying system of agricultural products.

  The department of commodity circulation shall be responsible for the administration of the trades of agricultural commodity circulation and livestock slaughtering and processing, and responsible jointly with the related departments for the administration of the food safety of agricultural products in wholesale market places, allocation and delivery centers, and livestock slaughterhouses.

  The department of industrial and commercial administration shall be responsible for the administration of the food safety of agricultural products in the process of distribution, and responsible jointly with the related departments for the administration of the food safety of agricultural products distributed in the markets of meat and vegetables.

  The department of health shall be responsible for the administration of the food safety in the circulation and processing of agricultural products.

  The department of quality and technology supervision shall be responsible for the implementation of the state standards, trade standards, and Guangdong Province‘s local standards of agricultural products, for drawing up and carrying out the local standards of the Shenzhen Municipality, and for examination and administration of the institutions undertaking inspection and certification of agricultural products.

  The department of environmental protection shall be responsible for the environmental protection of the production bases of agricultural products and for the monitoring and management of environmental conditions.

  The department of entry and exit quarantine shall be responsible for the quarantine of imported agricultural products.

  Article 4 The related departments of development planning, planning and public land resources, finance, public security, science and technology, water affairs, urban management, etc., shall help to manage the food safety of agricultural products within the scope of their respective duties.

  Article 5 The institutions of inspection, quarantine, and supervision set up by the departments of agriculture and health according to law shall conduct random inspection of agricultural products in production, circulation and processing according to their functions.

  The other inspecting institutions established according to law may accept the entrustment from producers and distributors and conduct inspections of agricultural products.

  Production units of agricultural products, wholesale market places for agricultural products, allocation and delivery centers, processing enterprises, cold storehouses shall conduct self-inspection of agricultural products which they produce and distribute.

  Article 6 If farm products have been found by inspection as failing to meet the state standards of the People‘s Republic of China and the agricultural sector’s standards of the People‘s Republic of China, the related administrative department shall order neutralizing treatment by a deadline; if there is no way to conduct neutralizing treatment, the products shall be destroyed.

  Chapter II Management of Production Process

  Article 7 People‘s governments at various levels shall draw up plans of production bases of agricultural products which meet the standards of food safety.

  The planning and location of a production base of agricultural products shall meet the standards of environmental quality of the Shenzhen Municipality and be in line with the overall urban plan of the Shenzhen Municipality.

  Article 8 Departments of agriculture, environmental protection, water affairs, etc. shall supervise and direct the construction and management of production bases of agricultural products according to their respective duties.

  Article 9 It shall be prohibited to discharge heavy metals, nitrate, oil, acid liquid, supertoxic waste liquid, radioactive waste water, untreated waste water with pathogen, harmful gas and other harmful materials or to dump, bury waste and domestic garbage in the production bases of agricultural products, waters of aquaculture, and the areas which might affect the environment of the production bases of agricultural products.

  Article 10 The following acts shall be forbidden in the process of production of agricultural products:

  (1) using super-toxic, extra-toxic, high-residue agricultural chemicals and their mixtures;

  (2) using prohibited pesticide, veterinary medicine, and fish drugs;

  (3) using ? hydrochloride and other prohibited materials;

  (4) other acts violating law, regulations, and compulsory standards.

  Article 11 In the process of production of vegetables and fruit, pesticide and

  growth adjustment preparations shall be used rationally according to Rules on the Safe Use of Pesticide promulgated jointly by the Ministry of Agriculture, Livestock Husbandry and Fishery and the Ministry of Health of the People‘s Republic of China and Standards on the Rational Use of Pesticide promulgated by the Ministry of Agriculture of the People’s Republic of China. It shall be prohibited for the vegetables with pesticide residue exceeding the standard of product quality for hazardless vegetables to go on the market.

  In the process of production of livestock and its products, and aquatic products, veterinary medicine, fish drugs, and feed additives shall be used rationally according to Standards on the Use of Veterinary Medicine, Standards on the Use of Feed and Feed Additives and Standards on the Use of Fish Drugs promulgated by the Ministry of Agriculture of the People‘s Republic of China.

  Article 12 A production unit of agricultural products shall provide qualification certificates of its products and put labels on its products to indicate the production unit and original production base.

  Article 13 Livestock and its products shall be quarantined by a supervising institution of animals‘ epidemic prevention and quarantine; in case of passing the quarantine, the supervising institution of animals’ epidemic prevention and quarantine shall issue qualification certificates of quarantine.

  Chapter III Management of Distribution and Processing of Agricultural Products

  Article 14 When agricultural products enter the sites of distribution or processing, suppliers shall provide qualification certificates of inspection and quarantine and other qualification certificates of agricultural products, and put labels on the products to indicate places of production.

  Article 15 The following acts shall be forbidden in distribution and processing of agricultural products:

  (1) distributing and processing the agricultural products containing prohibited pesticide, veterinary medicine, fish drugs or the agricultural products with harmful materials which exceed the standards;

  (2) in distribution and processing, adding the materials which are harmful to humans‘ health;

  (3) distributing and processing the agricultural products which do not have qualification certificates of inspection, quarantine or other qualification certificates of the products;

  (4) distributing and processing other agricultural products which have violated the state rules on the administration of food hygiene.

  Article 16 The business units and individuals of wholesale market places of

  agricultural products, allocation and delivery centers, processing enterprises, supermarkets, cold storehouses, meat and vegetable markets shall have the following responsibilities for the food safety of agricultural products entering the sites of distribution and processing:

  (1) establishing a responsibility system of agricultural products safety;

  (2) checking the qualification certificates of inspection, quarantine of agricultural products and other qualification certificates of products;

  (3) cooperating with institutions of inspection, quarantine and supervision to conduct random inspections;

  (4) cooperating with the related departments to conduct supervision and inspection of the food safety of agricultural products.

  Article 17 Wholesale market places of agricultural products, allocation and

  delivery centers, processing enterprises, cold storehouses shall equip themselves with the facilities to inspect the food safety of agricultural products, engage the full-time inspection personnel, and establish the corresponding inspection rules and management system.

  Article 18 The business units of a wholesale market place of agricultural products shall set up an announcement board and announce the following contents:

  (1) unqualified agricultural products and their operators found in self-inspections;

  (2) unqualified agricultural products and their operators found in random inspections;

  (3) the sanctions on the operators of unqualified agricultural products.

  Article 19 The supervising institution of animals‘ epidemic prevention and

  quarantine shall quarantine the slaughtered livestock and its products of slaughterhouses at designated places, the slaughterhouse operators shall cooperate and provide the necessary working places and conditions.

  Article 20 Livestock to enter a slaughterhouse shall be brought in with quarantine certificates issued by a county-level or higher level supervising institution of animals‘ epidemic prevention and quarantine at the place of production and sterilization certificates of means of delivery.

  Chapter IV Legal Liabilities

  Article 21 In case of violation of Article 6 of these rules by failing to conduct neutralizing treatment or to destroy, the related department shall conduct neutralizing treatment or destroy, the owner of products shall be held liable for the cost of neutralizing treatment or destruction, and a fine of more than 3,000 but less than 20,000 RMB shall be imposed.

  Article 22 In case of violation of Article 9 of these rules, the department of environmental protection shall order rectification by a deadline and impose a penalty according to Regulations of the Shenzhen Special Economic Zone on Environmental Protection.

  Article 23 In case of violation of Article 10 of these rules, the department of agriculture shall impose a fine of more than 10,000 but less than 50,000 RMB.

  Article 24 In case of violation of Article 11 of these rules, the department of agriculture shall impose a fine of more than 3,000 but less than 20,000 RMB.

  Article 25 In case of violation of Article 15 of these rules, the department of health and the department of agriculture shall, according to their division of duties, impose a fine of more than 10,000 but less than 50,000 RMB; if the circumstances are serious enough to revoke the business license according to law, the department of industrial and commercial administration shall handle the case according to law.

  Article 26 If the circumstances are serious enough to constitute a crime in violation of these rules, the office of justice shall investigate into the criminal responsibility according to law.

  If there is damage to other people caused by violation of these rules, the doer shall be held liable for compensation.

  Chapter V Supplementary Provisions

  Article 27 Administrative departments which perform management functions of the food safety of agricultural products may work out the corresponding management measures according to the related law, regulations and these rules.

  Article 28 These rules shall take effect as of July 15, 2002.

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