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Order of the Shenzhen Municipal People' s Government
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(No.
114) |
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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. |
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Yu Youjun |
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Mayor |
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April 15, 2002 |
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Rules of the Shenzhen Municipality on the Administration
of the Food Safety of Fresh and Live Agricultural Products
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Chapter I General
Provisions
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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The department of health shall be responsible for the
administration of the food safety in the circulation and
processing of agricultural products. |
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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. |
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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. |
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The department of entry and exit quarantine shall be
responsible for the quarantine of imported agricultural
products. |
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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. |
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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. |
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The other inspecting institutions established according
to law may accept the entrustment from producers and
distributors and conduct inspections of agricultural products. |
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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. |
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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. |
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Chapter II Management of
Production Process
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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. |
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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. |
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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. |
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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. |
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Article 10 The
following acts shall be forbidden in the process of production
of agricultural products: |
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(1)
using super-toxic, extra-toxic, high-residue agricultural
chemicals and their mixtures; |
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(2)
using prohibited pesticide, veterinary medicine, and fish
drugs; |
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(3)
using ? hydrochloride and other prohibited materials; |
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(4)
other acts violating law, regulations, and compulsory
standards. |
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Article 11 In
the process of production of vegetables and fruit, pesticide and |
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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. |
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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. |
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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. |
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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. |
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Chapter III Management
of Distribution and Processing of Agricultural Products
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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. |
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Article 15 The
following acts shall be forbidden in distribution and processing
of agricultural products: |
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(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; |
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(2)
in distribution and processing, adding the materials
which are harmful to humans' health; |
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(3)
distributing and processing the agricultural products
which do not have qualification certificates of inspection,
quarantine or other qualification certificates of the products; |
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(4)
distributing and processing other agricultural products
which have violated the state rules on the administration
of
food hygiene. |
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Article 16 The
business units and individuals of wholesale market places of |
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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: |
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(1)
establishing a responsibility system of agricultural
products safety; |
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(2)
checking the qualification certificates of inspection,
quarantine of agricultural products and other qualification
certificates of products; |
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(3)
cooperating with institutions of inspection, quarantine
and supervision to conduct random inspections; |
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(4)
cooperating with the related departments to conduct
supervision and inspection of the food safety of agricultural
products. |
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Article
17 Wholesale
market places of agricultural products, allocation and |
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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. |
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Article 18 The
business units of a wholesale market place of agricultural
products shall set up an announcement
board and announce the
following contents: |
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(1)
unqualified agricultural products and their operators
found in self-inspections; |
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(2)
unqualified agricultural products and their operators
found in random inspections; |
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(3)
the sanctions on the operators of unqualified
agricultural products. |
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Article 19 The
supervising institution of animals' epidemic prevention and |
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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. |
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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. |
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Chapter IV Legal
Liabilities
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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If there is damage to other people caused by violation of
these rules, the doer shall be held liable for compensation. |
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Chapter V Supplementary
Provisions
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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. |
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Article 28 These
rules shall take effect as of July 15, 2002. |
