context: The Agriculture Product Quality and Safety Law has been criticised for being inconsistent with the Food Safety Law. While regulators strictly supervise downstream sellers of ag food products, the supervision of upstream ag producers remains weak. The revision attempts to improve the situation. Successful food safety systems, commonly known for being farm-to-fork or paddock-to-plate etc., operate under a single unified administration. The PRC has been attempting to bring its food safety regime into line with international best practice for nearly two decades, but agencies are unwilling to surrender responsibility and income. Maintaining two agencies will inevitably still lead to gaps and lapses.
The 13th NPC Standing Committee has passed the amended Agriculture Product Quality and Safety Law, which will take effect on 1 Jan 2023. The main amendments include
- improving the responsibility mechanism
- producers and operators of ag products will be responsible for the quality and safety of ag products they produce
- strengthening risk management and standards setting
- improving whole-process management
- monitoring the origins of ag products, linking it to the Soil Pollution Prevention and Control Law
- enhancing the protection of geographical indications
- establishing internal control systems within ag companies
- establishing ag product traceability systems
- producers to be incorporated into the edible ag products qualification certification system
- developing a catalogue for traceable products
- strengthening supervision activities
- streamlining random inspection procedures; setting high requirements for inspection staff in terms of their professionalism and integrity
- strengthening daily inspections, with the focus on environmental conditions and ag inputs
- improving emergency response
- better coordinating administration and criminal law enforcement, particularly between ag, market regulation and police departments
The revision connects the Agriculture Product Quality and Safety Law and the Food Safety Law. The former regulates the production and farmgate sales of ag products, while the latter focuses on further wholesale, retail and processing of ag products.
After revision, the law strengthens penalties in line with the Food Safety Law, aiming to crack down on illegal activities in the upstream of the ag supply chain. The highest fine could be 10-20 times the value of the illegal products if they exceed C¥10,000.
The revised law also empowers market regulators to cooperate with ag departments in supervising the illegal behaviour of producing entities.