Measures for the Administration of Agricultural Product Quality and Safety Monitoring

Measures for the management of agricultural product quality and safety monitoring (1)

    Chapter One General Provisions

    Article 1 In order to strengthen the quality and safety management of agricultural products and standardize the quality and safety monitoring of agricultural products, the FSC professional certification is based on 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" , Formulate this method.

    　　 Article 2 The agricultural administrative department of the people's government at or above the county level shall abide by these Measures in carrying out the monitoring of the quality and safety of agricultural products.

    　　 Article 3 Agricultural product quality and safety monitoring, including agricultural product quality safety risk monitoring and agricultural product quality safety supervision and random inspection.

    Agricultural product quality and safety risk monitoring refers to the systematic and continuous inspection, analysis and evaluation of harmful factors affecting the quality and safety of agricultural products in order to grasp the status of agricultural product quality and safety and carry out agricultural product quality and safety risk assessment, including routine monitoring of agricultural product quality and safety , Census and special monitoring.

    　　Agricultural product quality and safety supervision and random inspection refers to the activity of sampling and testing agricultural products in production or on the market 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 in accordance with the needs of agricultural product quality and safety risk assessment and 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, in accordance with the national agricultural product quality and safety monitoring plan and the actual conditions of the administrative region, formulate the agricultural product quality and safety monitoring plan at the same level and organize its implementation.

    　　Article 5 The inspection of agricultural product quality and safety shall be undertaken by inspection agencies that meet the conditions specified 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 establishment of agricultural product quality and safety testing institutions and improve their testing capabilities.

    Article 6 The Ministry of Agriculture shall uniformly manage the national agricultural product quality and safety monitoring data and information, and designate institutions to establish a national agricultural product quality and safety monitoring database and information management platform to undertake the collection, sorting, comprehensive analysis, and result reporting of the national agricultural product quality and safety monitoring data and information Wait for work.

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

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

    Chapter II Risk Monitoring

    　　Article 8 The quality and safety risk monitoring of agricultural products shall be carried out 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 the agricultural product quality and safety risk monitoring work, formulate and implement the agricultural product quality safety risk monitoring network construction plan, and establish and improve the agricultural product quality safety risk monitoring network.

    　　Article 10 The agricultural administrative department of the people's government at or above the county level shall, in accordance with the monitoring plan, issue tasks to the agency responsible for monitoring the quality and safety of agricultural products. The institution that accepts 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 the record.

    　　 The work plan should include the following:

    　　 (1) The division of monitoring tasks, and the specific organization responsible for sampling, testing, and result aggregation;

    　　 (2) The specific monitoring content undertaken by each agency, including sample types, sources, quantities, testing items, etc.;

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

    　　 (4) The sampling method, testing method and judgment basis specified by the task issuing department;

    　　 (5) Monitoring completion time and result submission date.

    　　 Article 11 The administrative department of agriculture of the people's government at or above the county level shall, in accordance with the distribution and changes of the hidden dangers of agricultural product quality and safety, adjust the monitoring varieties, monitoring areas, monitoring parameters, and monitoring frequencies in a timely manner.

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

    　　Article 13 The quality and safety risk monitoring of agricultural products shall be tested in accordance with the published standard methods. If there is no standard method, non-standard methods can be used, but the principle of combining advanced technology and mature technology should be followed, and it should be confirmed by methodological research and recognized by the expert group.

    　　Article 14 The institution that undertakes the task of monitoring the quality and safety of agricultural products shall submit the monitoring data and analysis results to the responsible agricultural administrative department as required.

    　　Article 15 The agricultural administrative department of the people's government at or above the provincial level shall establish a risk monitoring situation consultation system, conduct consultation analysis on the risk monitoring results, find the cause of the problem, 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 the monitoring data and analysis results to the higher-level agricultural administrative department, and submit it to the food safety committee office, health administration, quality supervision, industrial and commercial administration, and food safety committee office at the same level. Notification from relevant departments such as drug supervision and administration.

    　　The Ministry of Agriculture shall promptly report the monitoring results to the Office of the Food Safety Committee of the State Council and relevant departments of health administration, quality supervision, industrial and commercial administration, food and drug supervision and administration, as well as the agricultural administrative departments of the people's governments of various 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 publish the results of agricultural product quality and safety monitoring and related information in accordance with the statutory authority and procedures.

    　　 Article 18 If the sampling procedures and testing methods of risk monitoring work conform to the provisions of Chapter 3 of these Measures, the monitoring results may be used as the basis for law enforcement.

    Chapter III Supervision and Spot Check

    　　Article 19 The agricultural administrative department of the people's government at or above the county level shall focus on the results of agricultural product quality and safety risk monitoring and the outstanding problems found in agricultural product quality and safety supervision, and timely conduct agricultural product quality and safety supervision and random inspections.

    　　 Article 20 The supervision and spot check shall be implemented in accordance with the principle of separation of sampling agencies and testing agencies. The sampling work is in charge of the local agricultural administrative department or its law enforcement agency, and the inspection work is in charge of the agricultural product quality and safety inspection agency. The testing agency can assist in the implementation of sampling and sample pretreatment as needed.

    　　 The use of rapid detection methods to implement supervision and spot checks shall not be subject to the restrictions of the preceding paragraph.

    　　 Article 21 The sampler shall show the law enforcement certificate or work certificate to the person being checked before sampling. There shall be no less than two samplers with law enforcement certificates.

    　　 The sampling personnel shall fill in the sampling sheet accurately, objectively and completely. The sampling sheet shall be affixed with the seal of the sampling unit, and shall be signed or stamped by the sampler and the person under spot check; if the person being spot checked is a unit, it shall be affixed with the seal of the person under spot check or signed or stamped by its staff.

    　　 The sampling is in quadruplicate, and the sampling unit, the person to be spot-checked, the testing unit and the agricultural administrative department that issued the task are retained respectively.

    　　 The samples taken should be sealed on site after being signed or stamped by the sampler and the person being checked.

    　　 Article 22 In any of the following circumstances, the person subject to spot checks may refuse to sample:

    　　 (1) There are fewer than two samplers with law enforcement certificates;

    　　 (2) The sampler fails to produce law enforcement or work certificates.

    　　 Article 23 If the person under spot check refuses to take samples without justified reasons, the sampler shall inform the consequence of the refusal to take samples and the handling measures. If the selected person still refuses to sample, the sampler shall fill in the confirmation document of supervision and random inspection rejection on the spot, which shall be signed by the sampler and the witness, and report the situation to the local agricultural administrative department in a timely manner.

    　　 Article 24 For the same batch of agricultural products that are supervised and spot-checked by the higher-level agricultural administrative department, the lower-level agricultural administrative department shall not repeat the random inspection.

    Article 25 When receiving samples, the testing agency shall inspect and record the appearance, condition, seals of the samples and other conditions that may affect the test results or comprehensive judgment, and confirm whether the samples are consistent with the records in the sampling sheet. Test and backup samples will be put into storage after affixed with corresponding marks. If necessary, the test samples can be repackaged or repackaged and numbered without affecting the test results of the samples.

    　　 Article 26 The testing organization shall conduct testing and judgment in accordance with the method and judgment basis specified by the task issuing department.

    　　 If the rapid detection method is used for testing, the relevant operating specifications shall be complied with.

    　　 In the event of sample failure or other circumstances that make the test impossible during the test, the test agency shall truthfully record it and issue a written certificate.

    　　 Article 27 Testing agencies shall not entrust other testing agencies with supervision and random inspection tasks.

    　　 Article 28 The testing agency shall promptly report the testing results to the agricultural administrative department that has issued the task. If the test result is unqualified, the test report shall be submitted to the agricultural administrative department that issued the task and the agricultural administrative department of the spot-checked area within 24 hours after the confirmation. The agricultural administrative department of the spot-checked area shall promptly notify the person subject to the spot-check in writing.

    　　 Article 29 If the person subject to random inspection has objections to the test results, he may, within five days of receiving the test results, apply to the competent agricultural administrative department or its superior agricultural administrative department to apply for re-inspection in writing.

    　　Using rapid testing methods to conduct supervision and random inspections. If the person subject to random inspections has objections to the test results, they can apply for re-inspection in writing within four hours from the receipt of the test results.

    　　 Article 30 The re-inspection shall be undertaken by a qualified inspection agency designated by the agricultural administrative department.

    　　 Fast detection methods shall not be used for re-inspection.

    　　 If the re-inspection conclusion is consistent with the original test conclusion, the re-inspection fee shall be borne by the applicant; if it is inconsistent, the re-inspection fee shall be borne by the original testing agency.

    　　 Article 31 The agricultural administrative department of the local people's government at or above the county level shall promptly investigate and deal with the unqualified agricultural products according to the law, or transfer it to the relevant departments of industry and commerce administration for investigation and punishment.

    Chapter IV Work Discipline

    　　 Article 32 The quality and safety monitoring of agricultural products shall not collect fees from the persons subject to inspection, and the monitoring samples shall be purchased from the persons subject to inspection by the sampling unit.

    　　 Article 33 The personnel involved in the monitoring work shall be impartial and law-abiding, honest and fair, and shall not engage in fraud or use power for personal gain.

    　　 The person under spot check or the persons who have an interest in him shall not participate in the work of sampling and testing.

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

    　　Sampling personnel shall not notify the person under random inspection in advance, shall not accept gifts from the person under random inspection, and shall not use sampling to gain illegal benefits.

    　　 Article 35 The testing organization shall be responsible for the authenticity of the test results, and shall not conceal, falsely report, or delay the report of test data and analysis results.

    　　The testing agency shall not use the test results to participate in paid activities.

    　　 Article 36 The monitoring task undertaker and the personnel involved in the monitoring work shall keep the monitoring work plan and test results confidential, and shall not disclose it to any unit or individual without the consent of the task issuing department.

    　　 Article 37 Any unit or individual has the right to report violations of the agricultural product quality and safety monitoring work to the agricultural administrative department, and the department receiving the report shall investigate and deal with it in a timely manner.

    　　 Article 38 For staff who violate the discipline of sampling and testing work, the task-bearing unit shall deal with it accordingly, and report to the higher-level competent department for the record.

    　　 Violation of monitoring data confidentiality regulations, the higher-level competent department shall notify the person in charge of the task-bearing unit of criticism, and the directly responsible person shall be punished and punished in accordance with the law.

    　　 Article 39 If a testing organization fails to report the data results according to the time requirements without proper reasons, the higher-level competent department shall notify the criticism and order correction; if the circumstances are serious, it shall be disqualified from undertaking the testing task.

    　　 If a testing agency forges 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 Anyone who violates the provisions of these Measures and constitutes a crime shall be transferred to the judicial organs for investigation of criminal responsibility in accordance with the law.