Announcement of the Management Measures for Quality and Safety Monitoring of Agricultural Products

Order of the Ministry of Agriculture of the People's Republic of China

No. 7 of 2012

The Management Measures for Quality and Safety Monitoring of Agricultural Products, which were reviewed and approved at the 7th executive meeting of the Ministry of Agriculture on June 13, 2012, are now announced and will come into effect on October 1, 2012.

August 14, 2012

Management Measures for Quality and Safety Monitoring of Agricultural Products

*Chapter General Provisions

*In order to strengthen the management of agricultural product quality and safety, standardize the monitoring of agricultural product quality and safety, and in accordance with the Agricultural Product Quality and Safety Law of the People's Republic of China, the Food Safety Law of the People's Republic of China, and the Implementation Regulations of the Food Safety Law of the People's Republic of China, these measures are formulated.

Article 2: The agricultural administrative departments of the people's governments at or above the county level shall comply with these Measures when carrying out monitoring work on the quality and safety of agricultural products.

Article 3 Monitoring of agricultural product quality and safety, including monitoring of agricultural product quality and safety risks and random inspections of agricultural product quality and safety supervision.

Agricultural product quality and safety risk monitoring refers to the activity of systematically and continuously inspecting, analyzing, and evaluating harmful factors that affect agricultural product quality and safety in order to grasp the quality and safety status of agricultural products and carry out agricultural product quality and safety risk assessments. This includes routine monitoring, census, and special monitoring of agricultural product quality and safety.

Random inspection of agricultural product quality and safety supervision refers to the activity of sampling and testing agricultural products sold in production or on the market in accordance with the law in order to supervise the quality and safety of agricultural products.

Article 4: The Ministry of Agriculture shall formulate a national agricultural product quality and safety monitoring plan and organize its implementation based on the needs of agricultural product quality and safety risk assessment, agricultural product quality and safety supervision and management.

The agricultural administrative department of the local people's government at or above the county level shall formulate and organize the implementation of the local agricultural product quality and safety monitoring plan based on the national agricultural product quality and safety monitoring plan and the actual situation of the administrative region.

Article 5: The quality and safety testing of agricultural products shall be undertaken by testing institutions that meet the conditions stipulated in Article 35 of the Agricultural Product Quality and Safety Law of the People's Republic of China.

The agricultural administrative department of the people's government at or above the county level shall strengthen the construction of agricultural product quality and safety testing institutions and enhance their testing capabilities.

Article 6: The Ministry of Agriculture shall unify the management of national agricultural product quality and safety monitoring data and information, and establish a national agricultural product quality and safety monitoring database and information management platform to undertake the collection, organization, comprehensive analysis, and result reporting of national agricultural product quality and safety monitoring data and information.

The agricultural administrative department of the local people's government at or above the county level is responsible for managing the quality and safety monitoring data and information of agricultural products within its administrative area. Encourage the agricultural administrative departments of local people's governments at or above the county level to establish a monitoring database for agricultural product quality and safety in their respective administrative regions.

Article 7: The agricultural administrative department of the people's government at or above the county level shall include the funds for monitoring the quality and safety of agricultural products in its financial budget to ensure the normal operation of monitoring work.

Chapter 2 Risk Monitoring

Article 8: Quality and safety risk monitoring of agricultural products shall be conducted regularly. According to the needs of agricultural product quality and safety supervision, special risk monitoring can be carried out at any time.

Article 9: The agricultural administrative department of the people's government at or above the provincial level shall, in accordance with the needs of monitoring the quality and safety risks of agricultural products, formulate and implement a plan for the construction of an agricultural product quality and safety risk monitoring network, and establish a sound agricultural product quality and safety risk monitoring network.

Article 10: The agricultural administrative department of the people's government at or above the county level shall issue work tasks to the institutions responsible for monitoring the quality and safety of agricultural products in accordance with the monitoring plan. The institution accepting the task shall prepare a work plan based on the agricultural product quality and safety monitoring plan, and report it to the agricultural administrative department that issued the monitoring task for filing.

The work plan should include the following contents:

（1） Divide monitoring tasks and clarify the specific institutions responsible for sampling, testing, and result summarization;

（2） The specific monitoring tasks undertaken by each institution include sample types, sources, quantities, testing items, etc;

（3） Packaging, transmission, and storage conditions of samples;

（4） Sampling methods, testing methods, and judgment criteria for the department responsible for assigning tasks;

（5） Monitoring completion time and result submission date.

Article 11: The agricultural administrative department of the people's government at or above the county level shall adjust the monitoring varieties, monitoring areas, monitoring parameters, and monitoring frequency in a timely manner based on the distribution and changes of quality and safety risks and hidden dangers of agricultural products.

Article 12: Sampling for monitoring the quality and safety risks of agricultural products shall adopt sampling methods that meet statistical requirements to ensure the representativeness of the samples.

Article 13: The monitoring of quality and safety risks of agricultural products shall be conducted in accordance with the published standard methods. Non standard methods can be used for those without standard methods, but the principle of combining advanced technological means with mature technology should be followed, and confirmed by methodological research and expert group recognition.

Article 14: Institutions responsible for monitoring the quality and safety of agricultural products shall submit monitoring data and analysis results to the agricultural administrative department that issued the task as required.

Article 15: The agricultural administrative departments of the people's governments at or above the provincial level shall establish a risk monitoring situation consultation system, conduct consultation and analysis of risk monitoring results, identify the causes of problems, and study regulatory measures.

Article 16: The agricultural administrative department of the local people's government at or above the county level shall promptly submit monitoring data and analysis results to the higher-level agricultural administrative department, and notify relevant departments such as the office of the food safety committee, health administration, quality supervision, industry and commerce administration, and food and drug supervision and management at the same level.

The Ministry of Agriculture shall promptly report the monitoring results to the Office of the State Council Food Safety Committee, relevant departments such as health administration, quality supervision, industry and commerce administration, food and drug supervision and management, as well as the agricultural administrative departments of the people's governments of provinces, autonomous regions, municipalities directly under the central government, and cities specifically designated in the state plan.

Article 17: The agricultural administrative department of the people's government at or above the county level shall release the results of agricultural product quality and safety monitoring and related information in accordance with its statutory authority and procedures.

Article 18: If the sampling procedures and testing methods for risk monitoring work comply with the provisions of Chapter 3 of these Measures, the monitoring results can be used as a basis for law enforcement.

Chapter 3 Supervision and Random Inspection

Article 19 The agricultural administrative department of the people's government at or above the county level shall focus on the monitoring results of agricultural product quality and safety risks and the prominent problems found in the supervision of agricultural product quality and safety, and timely carry out supervision and spot checks on agricultural product quality and safety.

Article 20: Supervision and spot checks shall be carried out in accordance with the principle of separating sampling institutions from testing institutions. The sampling work is the responsibility of the local agricultural administrative department or its law enforcement agency, and the testing work is the responsibility of the agricultural product quality and safety testing agency. Testing agencies can assist in implementing sampling and sample preparation work as needed.

The use of rapid detection methods for supervision and spot checks is not subject to the restrictions stipulated in the preceding paragraph.

Article 21: Sampling personnel shall present their law enforcement or work credentials to the person being sampled before sampling. There shall be no less than two sampling personnel with law enforcement certificates.

Sampling personnel should accurately, objectively, and completely fill out the sampling form. The sampling form shall be stamped with the seal of the sampling unit and signed or stamped by the sampling personnel and the person being sampled; If the inspected person is a unit, it shall be stamped with the seal of the inspected person or signed or stamped by its staff.

The sampling form consists of four parts, which are retained for the sampling unit, the person being sampled, the testing unit, and the agricultural administrative department that issued the task.

The extracted samples should be sealed on site after being signed or stamped by the sampling personnel and the person being inspected for confirmation.

Article 22: In any of the following circumstances, the person being inspected may refuse to take samples:

（1） There are less than two sampling personnel with law enforcement certificates; （2） The sampling personnel did not present their law enforcement or work credentials.

Article 23: If the person being sampled refuses to take samples without justifiable reasons, the sampling personnel shall inform them of the consequences and handling measures of refusing to take samples. If the person being inspected still refuses to take the sample, the sampling personnel shall fill out the confirmation document of the supervision and inspection refusal on site, which shall be jointly signed by the sampling personnel and witnesses, and report the situation to the local agricultural administrative department in a timely manner. The sampled agricultural products shall be punished as unqualified.

Article 24: The same batch of agricultural products subject to supervision and spot checks by the superior agricultural administrative department shall not be subject to repeated spot checks by the subordinate agricultural administrative department.

Article 25: When receiving samples, testing institutions shall inspect and record the appearance, condition, seal damage, and other situations that may affect the testing results or comprehensive judgment of the samples. They shall also confirm whether the samples match the records on the sampling form, and label the testing and backup samples accordingly before storing them. If necessary, the test samples can be repackaged or renumbered without affecting the test results.

Article 26: Testing institutions shall conduct testing and judgment in accordance with the methods and judgment criteria of the task issuing department.

For those using rapid detection methods, relevant operating procedures should be followed.

When sample failure or other situations occur during the testing process that prevent the testing from being carried out, the testing institution shall truthfully record and provide written proof.

Article 27: Testing institutions shall not entrust other testing institutions to undertake supervision, spot checks, and testing tasks.

Article 28: Testing institutions shall promptly report the testing results to the agricultural administrative department that issued the task. If the test results are unqualified, the test report shall be submitted to the agricultural administrative department that issued the task and the agricultural administrative department in the spot check area within 24 hours after confirmation. The agricultural administrative department in the spot check area shall promptly notify the person being spot checked in writing.

Article 29: If the person being inspected has objections to the test results, they may apply in writing for a re inspection to the agricultural administrative department that issued the task or its superior agricultural administrative department within five days from the date of receiving the test results.

Using rapid detection methods for supervision and spot checks, if the person being checked has objections to the test results, they can apply for a re inspection in writing within four hours from receiving the test results.

Article 30: The re inspection shall be undertaken by qualified testing institutions of the agricultural administrative department.

Rapid testing methods shall not be used for retesting.

If the retest conclusion is consistent with the original test conclusion, the retest cost shall be borne by the applicant; Inconsistencies shall be borne by the original testing institution for retesting fees.

Article 31: The agricultural administrative department of the local people's government at or above the county level shall promptly investigate and punish agricultural products that fail to pass the sampling inspection in accordance with the law, or transfer them to relevant departments such as the Administration for Industry and Commerce for investigation and punishment in accordance with the law.

Chapter 4 Work Discipline

Article 32: Quality and safety monitoring of agricultural products shall not charge fees to the sampled persons, and monitoring samples shall be purchased by the sampling unit from the sampled persons.

Article 33: Personnel participating in monitoring work shall abide by the law and be honest and impartial, and shall not engage in fraud or abuse of power for personal gain.

The person being inspected or any person with an interest in it shall not participate in the sampling and testing work.

Article 34 Sampling shall be strictly carried out in accordance with the work plan and shall not be changed without authorization.

Sampling personnel shall not notify the person being sampled in advance, shall not accept gifts from the person being sampled, and shall not use the convenience of sampling to seek illegal benefits.

Article 35: Testing institutions shall be responsible for the authenticity of testing results and shall not falsify or delay the reporting of testing data and analysis results.

Testing institutions are not allowed to use testing results to participate in paid activities.

Article 36: The units responsible for monitoring tasks and personnel involved in monitoring work shall keep the monitoring work plan and test results confidential, and shall not disclose them to any unit or individual without the consent of the task issuing department.

Article 37: Any unit or individual has the right to report illegal activities in the monitoring of agricultural product quality and safety to the competent agricultural administrative department, and the department receiving the report shall investigate and handle it in a timely manner.

Article 38: For personnel who violate the discipline of sampling and testing work, the task undertaking unit shall take corresponding measures and report to the higher-level competent department for filing.

Those who violate the confidentiality regulations of monitoring data shall be criticized by the superior competent department to the responsible person of the task undertaking unit, and the directly responsible personnel shall be punished and punished in accordance with the law.

Article 39: If a testing institution fails to report data results on time without justifiable reasons, it shall be criticized and ordered to make corrections by the higher-level competent department; If the circumstances are serious, their qualification to undertake testing tasks shall be revoked.

If a testing institution forges test results or issues false test results, it shall be punished in accordance with Article 44 of the Agricultural Product Quality and Safety Law of the People's Republic of China.

Article 40: If a violation of the provisions of these Measures constitutes a crime, it shall be transferred to the judicial organs for criminal responsibility in accordance with the law.

Chapter 5 Supplementary Provisions

Article 41: These regulations shall come into effect on October 1, 2012.