Chapter 1 General Provisions
Article 1 To strengthen the management of agricultural product quality and safety inspection agencies, and to standardize the assessment of agricultural product quality and safety inspection agencies, these Measures are formulated in accordance with relevant laws and administrative regulations of the "PRC Agricultural Products Quality Safety Law."
Article 2 The term "appraisal" as mentioned in the present Measures refers to the agricultural product quality and safety inspection agency that issues data and results that proves to the public that the agricultural administrative department of the people's government at or above the provincial level has issued certification data and results to the society in accordance with the requirements of laws, regulations and relevant standards and technical specifications. Conduct activities and capacity review and validation activities.
Article 3 After inspection and metrological certification of agricultural product quality and safety testing institutions are qualified, they may be engaged in the inspection of agricultural products, agricultural inputs and production environment.
Article 4 The Ministry of Agriculture is responsible for the supervision and administration of the assessment of agricultural product quality and safety inspection agencies throughout the country.
The agricultural administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as the provincial-level agricultural administrative departments) shall be responsible for the supervision and administration of the assessment of agricultural product quality and safety inspection agencies in their respective administrative regions.
Article 5 The construction of agricultural product quality and safety testing institutions shall be planned as a whole and rationally distributed. Encourage the sharing of testing resources and promote the construction of county-level comprehensive inspection institutions for agricultural products.
Chapter II Basic Conditions and Capability Requirements
Article 6 The quality and safety inspection agencies for agricultural products shall be established in accordance with the law and ensure that they are engaged in testing activities in an objective, fair and independent manner, and assume corresponding legal responsibilities.
Article 7 The quality and safety inspection agencies for agricultural products shall have management and technical personnel that are suitable for the quality and safety inspection activities of agricultural products they are engaged in.
The technicians engaged in agricultural product quality and safety inspections shall have a relevant technical secondary school degree or above, and have passed the assessment of the competent agricultural administration department of the people's government at or above the provincial level.
Article 8 The number of technical personnel of agricultural product quality and safety testing institutions shall be no less than 5, among which the proportion of persons above the intermediate professional titles shall not be less than 40%.
The person in charge of technology and the person in charge of quality should have a technical title of at least intermediate level and engage in work related to quality and safety of agricultural products for more than five years.
Article 9 The quality and safety inspection agencies for agricultural products shall have testing instruments and equipment adapted to the quality and safety inspection activities of agricultural products they are engaged in. The rate of equipment and equipment shall reach 98%, and the intact rate of equipment and equipment used shall reach 100%.
Article 10 The quality and safety inspection agency for agricultural products shall have a fixed workplace suitable for the testing activities and have the environmental conditions that ensure the accuracy of the inspection data.
Those engaged in relevant field trials and feeding and testing of experimental animals shall also meet the requirements for quarantine, epidemic prevention and environmental protection.
Those engaged in the detection of agricultural genetically modified organisms and their products shall also have the conditions to prevent harm to the human body, animals, plants and the environment.
Article 11 The quality and safety inspection agency for agricultural products shall establish a quality management and quality assurance system.
Article 12 The quality and safety testing institutions for agricultural products shall have relatively stable working funds.
Chapter III Application and Evaluation
Article 13 The inspection agencies for quality and safety inspection of agricultural products (hereinafter referred to as applicants) shall submit written applications to the agricultural administrative department of the People's Government of the People's Government at the provincial level (hereinafter referred to as the appraisal organ).
The agricultural product quality and safety inspection agencies established or authorized by the relevant departments of the State Council according to law shall submit an application to the Ministry of Agriculture after review and approval by the relevant departments.
Other agricultural product quality and safety inspection agencies shall apply to the agricultural administrative department of the local people's government at the locality.
Article 14 The applicant shall submit the following materials to the appraisal organ:
(a) the application;
(2) Qualification certificate of organization legal person or its authorized certification document;
(3) the certification documents set by the superior or the relevant department for approval;
(d) quality system documentation;
(5) Measurement certification;
(6) Two typical test reports in the past two years;
(7) Other supporting materials.
Article 15 The technical review agency established or commissioned by the appraisal organ shall be responsible for the preliminary examination of the application materials.
Article 16 If an appraisal agency accepts an application, it shall promptly notify the applicant and send the application materials to the technical review agency. If the appraisal agency refuses to accept the application, it shall promptly notify the applicant and explain the reasons.
Article 17 The technical review agency shall complete the preliminary examination of the application materials within 10 working days from the date of receipt of the application materials and submit the preliminary examination report to the evaluation authority.
Through the preliminary examination, the appraisal organ shall arrange on-site assessment; if the appraisal fails, the appraisal organ shall issue a notice of unqualified preliminary appraisal.
Article 18 On-site assessment shall be conducted by an evaluation panel. The expert group consists of 3-5 panelists.
The assessors should have senior technical titles above, engaged in agricultural product quality and safety testing or related work for more than five years, and have passed the assessment of the Ministry of Agriculture.
The review panel shall complete the assessment within 3 working days and submit an on-site assessment report to the assessment authority.
Article 19 On-site review shall include the following contents:
(1) Operation of the quality system;
(B) testing equipment and facilities conditions;
(c) Testing capabilities.
Chapter IV Approval and Certification
Article 20 The appraisal organ shall make a decision on whether or not the applicant passes the appraisal within 10 working days from the date of receiving the site appraisal report.
Upon passing the assessment, the "People's Republic of China Inspection and Certification of Agricultural Products Quality and Safety Testing Organization" (hereinafter referred to as the "assessment certificate") shall be issued, and the use of agricultural product quality and safety inspection and evaluation marks shall be permitted and an announcement shall be made.
If it fails to pass the assessment, it shall notify the applicant in writing and explain the reason.
Article 21 The "Evaluation Certificate of Qualifications" shall specify the names of agricultural product quality and safety testing institutions, the scope of testing, and the period of validity.
Article 22 The provincial administrative department of agriculture shall file with the Ministry of Agriculture within 15 working days from the date of issuance of the "evaluation certificate."
Chapter 5 Continuation and Change
Article 23 The "evaluation certificate" is valid for 3 years.
If the certificate continues to be used for the quality and safety inspection of agricultural products upon expiry of the certificate, an application shall be filed within six months prior to the expiry of the period of validity, and the "certificate of assessment shall be re-applied".
Article 24 If, within the validity period of the certificate, the legal representative, name or address of the agricultural product quality and safety inspection institution is changed, it shall go through the alteration formalities with the original assessment authority.
Article 25 Within the period of validity of a certificate, if an agricultural product quality and safety inspection institution is in one of the following circumstances, it shall reapply to the original appraisal organ for examination:
(1) Separate or merge testing organizations;
(2) major changes in the conditions of the testing equipment, equipment and facilities;
(c) Increased testing items.
Chapter VI Supervision and Management
Article 26 The Ministry of Agriculture is responsible for carrying out capacity verification and inspection of agricultural product quality and safety inspection agencies. Those who do not meet the conditions shall be ordered to make corrections within a time limit; if they do not correct within the prescribed time limit, the appraisal agency shall revoke its "Certificate for Examination".
Article 27 Any unit or individual may report to the appraisal organ any violation of the law in the appraisal work of a quality and safety inspection agency for agricultural products. The appraisal organ shall investigate and verify the contents of the report and keep the informer confidential.
Article 28 If an assessment authority finds that an agricultural product quality and safety inspection institution has one of the following acts, it shall be given a warning; if the circumstances are serious, the qualification for examination shall be disqualified and the application for assessment shall not be accepted within one year:
(1) Concealing the situation or falsifying it;
(b) Taking bribery and other improper means.
Article 29 If an agricultural product quality and safety testing institution has one of the following acts, the appraisal agency shall, as the case may be, cancel its "assessment certificate":
(1) The revocation of a unit or the termination of legal person's qualifications;
(2) Major changes in the conditions of the testing equipment, equipment, and facilities do not have the appropriate testing capabilities and have not been re-approved according to the provisions of these Measures;
(3) Unauthorized expansion of the scope of quality and safety inspection items for agricultural products;
(4) Other circumstances in which the qualification of the testing organization may be cancelled according to law.
Article 30 Where an agricultural product quality and safety inspection institution falsifies the test results or issues false certificates, it shall be punished in accordance with the provisions of Article 44 of the "Law of the People's Republic of China on the Quality and Safety of Agricultural Products."
Article 31: Persons engaged in assessment work who fail to perform their duties or abuse their powers shall be given sanctions in accordance with the law.
Chapter VII Supplementary Provisions
Article 32 If the laws, administrative regulations, and regulations of the Ministry of Agriculture provide otherwise for the assessment of agricultural product testing institutions, they shall be stipulated.
Article 33 The present Measures shall come into force on January 12, 2008.
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