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Industry Trends | The Seventh Meeting of the Standing Committee of the 14th National People's Congress passed the the People's Republic of China Food Security Law
Release time:
2024-01-09 14:23
the People's Republic of China Food Security Law
(Adopted at the 7th Session of the Standing Committee of the 14th National People's Congress on December 29, 2023)
The article is transferred from the Chinese people's Congress network, if there is infringement, please contact the amendment or delete.
This Law shall come into force on June 1, 2024.
Directory
Chapter I General Provisions
Chapter II Protection of Cultivated Land
Chapter III Grain Production
Chapter IV Grain Reserves
Chapter V Grain Circulation
Chapter VI Grain Processing
Chapter VII Food Emergency Response
Chapter VIII Grain Saving
Chapter IX Supervision and Administration
Chapter X Legal Liability
Chapter XI Supplementary Provisions
Chapter I General Provisions
Article 1In order to ensure the effective supply of food, ensure national food security, improve the ability to prevent and resist food security risks, and maintain economic and social stability and national security, this law is formulated in accordance with the Constitution.
Article IIThe national food security work adheres to the leadership of the Communist Party of China, implements the overall national security concept, coordinates development and security, implements the national food security strategy of focusing on ourselves, based on the country, ensuring production capacity, moderate imports, and scientific and technological support, and insists on storing grain in the ground and technology. We will improve the capacity of grain production, storage, circulation and processing, and ensure that grain is basically self-sufficient and rations are absolutely safe.
To ensure national food security, we should establish a big food concept, build a diversified food supply system, develop food resources in an all-round and multi-channel way, and meet the people's consumption demand for rich and diverse food varieties, quality, nutrition and health.
Article III The state establishes a responsibility system for food security, and the party and government share responsibility for food security. Local people's governments at or above the county level shall bear the specific responsibility for ensuring food security in their respective administrative areas.
The competent departments of development and reform, natural resources, agriculture and rural areas, grain and reserves of the people's governments at or above the county level shall, in accordance with the duties of this Law and the provisions of this Law, coordinate and cooperate to ensure food security.
Article 4The state strengthens macro-control of grain, optimizes the structure and regional distribution of grain varieties, makes overall use of domestic and international markets and resources, builds a scientific, reasonable, safe and efficient grain supply guarantee system, and improves grain supply capacity and quality and safety.
The State strengthens international food security cooperation and plays the role of international food trade.
Article VPeople's governments at or above the county level shall incorporate food security into their national economic and social development plans. The relevant departments of the people's governments at or above the county level shall, in accordance with the objectives and tasks of food security, formulate special plans related to food security, and implement them after approval in accordance with the procedures.
ARTICLE VIThe state establishes and improves the input mechanism for food security, adopts financial and financial support policies to strengthen food security, improves the coordinated guarantee mechanism for grain production, purchase, storage, transportation, processing and sales, and builds a national food security industrial belt. mobilize the enthusiasm of grain producers and local people's governments to protect arable land, grow grain and do a good job in food security, comprehensively promote rural revitalization and promote the high-quality development of the grain industry, enhance national food security capacity.
The state guides social capital to invest in grain production, reserve, circulation, processing and other fields, and protects its legitimate rights and interests.
The state guides financial institutions to reasonably launch financial products and services to provide support for grain production, storage, circulation and processing. The State shall improve the policy-oriented agricultural insurance system and encourage the development of commercial insurance business.
Article VIIThe State strengthens the capacity for scientific and technological innovation and information construction in food security, supports basic research, research and development of key technologies and standardization in the field of food, and improves mechanisms for the training, evaluation and incentive of scientific and technological personnel. we will promote the transformation of scientific and technological innovation achievements and the popularization and use of advanced technology and equipment, and improve the scientific and technological support capacity and application level of grain production, storage, circulation and processing.
Article 8People's governments at all levels and relevant departments should take various forms to strengthen food security publicity and education, enhance the food security awareness of the whole society, and guide the formation of a good fashion of cherishing and saving food.
Article IXUnits and individuals that have made outstanding contributions to the work of ensuring national food security shall be commended and rewarded in accordance with the relevant provisions of the State.
Chapter II Protection of Cultivated Land
Article XThe state implements the control of land space use under the land space planning, coordinates the layout of agricultural, ecological, urban and other functional spaces, delineates and implements the red line of cultivated land and permanent basic farmland protection, the red line of ecological protection and the boundary of urban development, and strictly protects cultivated land.
The State Council determines the tasks for the protection of arable land and permanent basic farmland by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Local people's governments at or above the county level shall ensure that the total amount of cultivated land and permanent basic farmland within their administrative areas is not reduced and the quality is improved.
The State establishes a compensation system for the protection of cultivated land to mobilize the enthusiasm of the main body responsible for the protection of cultivated land.
Article 11The state implements a compensation system for the occupation of cultivated land, and strictly controls all kinds of occupation of cultivated land; if it is really necessary to occupy cultivated land, it shall implement the responsibility of supplementing cultivated land in accordance with the law, and supplement cultivated land with the same quantity and quality as the occupied cultivated land.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize the natural resources departments and agricultural and rural departments of the people's governments at the same level to determine the quantity of supplementary cultivated land, check and accept the quality of supplementary cultivated land, and strengthen the tracking and evaluation of cultivated land quality.
Article 12The State strictly controls the conversion of cultivated land into forest land, grassland, garden land and other agricultural land. Illegal occupation of cultivated land for afforestation, lake digging and landscaping are prohibited. It is prohibited to expand the scope of conversion of farmland without authorization outside the state-approved plan for conversion of farmland to forests and grasslands.
Article 13Cultivated land shall be mainly used for the production of grain, cotton, oil, sugar, vegetables and other agricultural products, as well as forage and fodder. Local people's governments at or above the county level shall, in accordance with the objectives and tasks of maintaining the supply of grain and important agricultural products, strengthen the control of the use of cultivated land, implement the priority of cultivated land use, and adjust and optimize the planting structure. The specific measures shall be formulated by the competent agricultural and rural authorities under the State Council.
The competent agricultural and rural departments of the local people's governments at or above the county level shall strengthen the daily supervision over the control of the use of cultivated land for planting. If a villagers' committee or a rural collective economic organization discovers any violation of the requirements for the management and control of the planting use of cultivated land, it shall promptly report to the township people's government or the competent agricultural and rural department of the county-level people's government.
Article 14The state establishes a strict cultivated land quality protection system, strengthens the construction of high-standard farmland, and adheres to the requirements of equal emphasis on quantity and quality, systematic promotion, and sustainable use, and adheres to government leadership and social participation, overall planning and step-by-step implementation, and equal emphasis on combination of use and maintenance and construction management. In principle, we will improve and improve the multiple input guarantee mechanism, and improve construction standards and quality.
Article XVPeople's governments at or above the county level shall establish a monitoring network for cultivated land quality and planting use, carry out cultivated land quality investigation, monitoring and evaluation, take measures such as soil improvement, soil fertility improvement, treatment and restoration, improve the production capacity of medium and low yield fields, control degraded cultivated land, strengthen the construction and transformation of large and medium-sized irrigation areas, and improve the quality of cultivated land.
The state establishes a black land protection system to protect the fine production capacity of the black land.
The state establishes and improves the system of rotation and fallow of cultivated land, encourages the scientific return of crop straw to the field, strengthens the construction of farmland shelterbelts, supports the promotion of green and efficient grain production technology, and promotes the improvement of ecological environment and sustainable utilization of resources.
Article 16Local people's governments at or above the county level shall promote the management of abandoned land according to local conditions and classification, and take measures to guide the resumption of farming. The contracting party of the household contract may, in accordance with the law, use the abandoned land for agricultural production by organizing the form of farming instead of planting.
Article 17The state promotes the comprehensive utilization of saline-alkali land, formulates relevant plans and support policies, encourages and guides social capital investment, taps the potential for the development and utilization of saline-alkali land, carries out the improvement of saline-alkali cultivated land by division and classification, speeds up the selection and breeding of salt-alkali resistant varieties, popularizes effective practices for improving saline-alkali land, and curbs the trend of salinization of cultivated land.
Chapter III Grain Production
Article 18The State promotes the revitalization of the seed industry, maintains the safety of the seed industry and promotes the high-quality development of the seed industry.
The state strengthens the protection, development and utilization of grain crop germplasm resources, builds a national agricultural germplasm resource bank, improves the national breeding system for improved varieties, promotes the information construction of grain crop germplasm resources protection and management, and enhances the ability to guarantee seed supply.
The state strengthens the protection of new plant variety rights, supports basic and cutting-edge research and applied technology research in breeding, encourages scientific and technological innovation and industrial application of grain crop seeds, supports joint breeding research, and cultivates excellent varieties with independent intellectual property rights.
Article 19People's governments at or above the provincial level shall establish a seed reserve system, which shall be mainly used for the needs of grain production and the adjustment of surplus and shortage in the event of disasters.
Article 20People's governments at or above the county level shall make overall plans for the stable supply of fertilizers, pesticides, agricultural films and other means of agricultural production, guide grain producers to apply chemical fertilizers and pesticides scientifically, use agricultural films rationally, and increase the application of organic fertilizers.
Article 21The State strengthens the management of water resources and the construction of water conservancy infrastructure, optimizes the allocation of water resources, and ensures the rational water demand for grain production. People's governments at all levels shall organize the construction, operation and maintenance of farmland water conservancy, protect and improve the farmland irrigation and drainage system, and develop high-efficiency water-saving agriculture in accordance with local conditions.
The people's governments at or above the county level shall organize and carry out comprehensive control of soil erosion, prevention and control of soil pollution and control of groundwater overexploitation.
Article 22The state promotes the development of agricultural machinery industry, strengthens the construction of basic conditions for agricultural mechanization operation, popularizes the mechanization technology of grain production, encourages the use of green, intelligent and efficient agricultural machinery, promotes the whole process mechanization of grain production, and improves the efficiency of grain production.
Article 23The state strengthens the construction of the agricultural technology extension system, supports the promotion and application of advanced and applicable grain production technologies, promotes planting methods such as intercropping and intercropping according to local conditions, encourages innovative promotion methods, improves the level of grain production technology extension services, and promotes the increase of grain yield.
The state encourages the construction of agricultural informatization, improves the level of informatization and intelligence of grain production, and promotes the development of intelligent agriculture.
Article 24The State has strengthened capacity-building in food production for disaster prevention, mitigation and relief. People's governments at or above the county level shall establish and improve the monitoring and early warning system for agricultural natural and biological disasters, the working mechanism for disaster prevention, mitigation and relief, strengthen the research and application of disaster prevention and control technologies such as drought, flood, low temperature, high temperature, wind and hail, typhoon, and safety production management, implement the territorial responsibility for disaster prevention and control, and strengthen the prevention and control of food crop diseases and insect pests and plant quarantine.
The State encourages and supports the development of green prevention and control of diseases and insect pests of food crops and the rule of unified prevention and control. Grain producers shall do a good job in the prevention and control of diseases and insect pests of grain crops, and cooperate with the prevention and control of diseases and insect pests organized by the people's governments at all levels and relevant departments.
Article 25The State strengthens the construction of functional areas for grain production and protected areas for the production of important agricultural products, and encourages agricultural producers to plant high-quality crops. People's governments at or above the county level shall, in accordance with the provisions, organize the delineation of functional areas for grain production and protection areas for the production of important agricultural products, strengthen construction and management, and guide agricultural producers to plant target crops.
Article 26The state has taken measures to stabilize the sown area of grain and rationally distribute grain production. The main grain producing areas, main sales areas, and production and marketing balance areas should all protect the area and output.
The main grain producing areas should continuously improve their comprehensive grain production capacity, the main grain sales areas should stabilize and increase the grain self-sufficiency rate, and the grain production and marketing balance areas should ensure basic grain self-sufficiency.
The state will improve the income guarantee mechanism for grain producers, improve the agricultural support and protection system and the grain price formation mechanism with the goal of improving the market mechanism, promote agricultural efficiency, increase the income of grain producers, and protect the enthusiasm of grain producers to grow grain.
People's governments at or above the provincial level shall arrange funds through budgets to support grain production.
Article 27The state supports and cultivates new agricultural business entities such as family farms and farmers' professional cooperatives to engage in grain production, and encourages them to establish interest linkage mechanisms with farmers to improve grain production capacity and modernization.
The state supports socialized services for grain producers before, during and after production, improves the level of socialized services, encourages and guides moderate scale operation of grain, and supports the intensification of grain production.
Article 28The state has improved the benefit compensation mechanism for major grain producing areas, improved the financial transfer payment system for major grain producing areas and major grain-producing counties, and mobilized the enthusiasm of grain production.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the actual conditions of their administrative regions, establish and improve the benefit compensation mechanism for major grain-producing counties, and increase the proportion of food security-related indicators in the comprehensive assessment of the economic and social development of major grain-producing counties.
Chapter IV Grain Reserves
Article 29The state establishes a government grain reserve system. Government grain reserves are divided into central government reserves and local government reserves. Government grain reserves are used to regulate grain supply and demand, stabilize the grain market, and respond to emergencies.
The scale of the central government's grain reserves and the scale of the total grain reserves of local governments shall be determined by the State Council and dynamically adjusted. The variety structure and regional distribution of government grain reserves shall be determined in accordance with the relevant provisions of the State Council.
The purchase, sale, rotation and utilization of government grain reserves shall be carried out in strict accordance with the relevant provisions of the State.
Article 30 Enterprises or other organizations that hold government grain reserves.It shall abide by laws, regulations and relevant national regulations, implement the separation of reserves from commercial operations, establish and improve internal management systems, and implement safety production responsibilities and fire safety responsibilities,Responsible for the quantity and quality of grain stored, implement a food security risk reporting system to ensure the security of government food reserves.
Enterprises that undertake the storage of central government grain reserves and provincial-level local government grain reserves shall divest their commercial operations.
The purchase, sale, rotation and use of government grain reserves should be recorded in the whole process, so as to realize the real-time collection, processing, transmission and sharing of government grain reserve information, so as to ensure that it can be queried and traceable.
Article 31Enterprises or other organizations that undertake the storage of government grain reserves shall ensure that the accounts of government grain reserves are in line with the facts and accounts, and shall implement special storage, special custody and special account records, and shall not falsely report or conceal the quantity, quality and variety of government grain reserves.
Enterprises or other organizations that undertake the storage of government grain reserves shall implement the quality and safety inspection and monitoring system of grain reserves to ensure that the government grain reserves meet the prescribed quality and safety standards and reach the prescribed quality level.
Article 32Local people's governments at or above the county level shall, in accordance with the actual conditions of their administrative regions, guide grain processing enterprises above designated size to establish corporate social responsibility reserves, encourage family farms, farmers' professional cooperatives, and leading agricultural industrialization enterprises to store grain independently, and encourage qualified business entities to be farmers Provide food storage services.
Article 33 People's governments at or above the county level should strengthen the construction of grain reserve infrastructure and quality inspection capacity,We will promote the innovation and application of warehousing science and technology, and strengthen the information construction of government grain reserve management.
Article 34The people's governments at or above the county level shall include the government's grain reserves as the content of the annual state-owned assets report and report to the standing committee of the people's congress at the corresponding level.
Chapter V Grain Circulation
Article 35The state strengthens the management of the grain market, gives full play to the role of the market, improves market rules, maintains market order, guarantees the fair participation of grain operators in market competition in accordance with the law, and safeguards the legitimate rights and interests of grain operators.
The state has adopted various means to strengthen the regulation and control of the grain market and maintain the basic balance of the total supply and demand of grain in the country and the basic stability of the market. Local people's governments at or above the county level shall take measures to ensure the implementation of the national grain macro-control policies.
Article 36Local people's governments at or above the county level shall strengthen the construction and protection of grain circulation infrastructure such as grain storage and logistics, organize the construction of grain circulation infrastructure that matches the scale of grain collection and storage and the requirements of ensuring supply in their respective administrative regions, have a reasonable layout and complete functions, and guide social capital to invest in the construction of grain circulation infrastructure.
No unit or individual may occupy, damage, dismantle or relocate the grain circulation infrastructure invested and constructed by the government, or change the use of the grain circulation infrastructure invested and constructed by the government without authorization.
Article 37Operators engaged in grain purchase, storage, processing, and sales, as well as feed and industrial grain enterprises, shall establish grain business accounts in accordance with regulations, and report grain purchase, storage, and storage to the grain and reserve departments of the people's governments at the county level where they are located. Sales and other basic data and related information.
Article 38In order to ensure market supply and protect the interests of grain producers, when necessary, the State Council may, in accordance with the food security situation and financial situation, decide to implement policy-based collection and storage of key grain varieties in major grain-producing areas.
Article 39Operators above designated size engaged in grain purchase, processing, and sales shall implement the grain inventory under specific circumstances in accordance with the provisions of the people's government of the province, autonomous region, or municipality directly under the Central Government where they are located.
Article 40When the relationship between supply and demand and prices of grain change significantly or are likely to change significantly, the people's governments at or above the county level and their relevant departments may take the following measures to regulate and control the grain market in accordance with their authority:
(I) release of grain market information;
(II) the implementation of policy grain storage and sales;
(III) requirements for the implementation of food stocks under specific circumstances;
(IV) organize the release of grain reserves;
(V) guide grain processing and transformation or limit the amount of grain used for deep processing;
(VI) other necessary measures.
When necessary, the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may take corresponding measures in accordance with the provisions of the the People's Republic of China Price Law.
Article 41The State shall establish and improve the grain risk fund system. The grain risk fund is mainly used to support grain reserves and stabilize the grain market.
Chapter VI Grain Processing
Article 42The state encourages and guides the development of grain processing industry, focuses on supporting the development of grain processing industry in grain production functional areas and important agricultural production protection areas, and coordinates the promotion of grain primary processing, intensive processing, and comprehensive utilization and processing, so as to ensure the effective supply and quality safety of grain processing products.
Grain processing operators shall implement the relevant national standards, shall not be adulterated or shoddy, and shall be responsible for the quality and safety of the grain they process and accept supervision.
Article 43The State encourages and guides the optimization of the grain processing structure, increases the supply of high-quality and nutritious grain processing products, and gives priority to ensuring the processing of grain rations, and the processing of grain for feed and industrial use shall be subject to the guarantee of grain rations.
Article 44Local people's governments at or above the county level shall, in accordance with the level of population and economic and social development of their respective administrative regions, scientifically lay out grain processing industries to ensure the grain processing capacity of their respective administrative regions, especially under emergency conditions.
Local people's governments at or above the county level shall scientifically plan and distribute grain processing capacity in grain production functional areas and important agricultural product production protection areas, and reasonably arrange the transformation of grain on the spot and nearby.
Article 45The state encourages the establishment of stable production and marketing relations between the main grain producing areas and the main marketing areas in various forms, and encourages enterprises in the main grain marketing areas to establish grain source bases, processing bases and storage and logistics facilities in the main grain producing areas, so as to promote the balance of regional grain supply and demand.
Article 46The state supports the construction of raw material bases, infrastructure and logistics systems for grain processing, and supports the popularization and application of new technologies, new processes and new equipment for grain processing.
Chapter VII Food Emergency Response
Article 47The State has established a food emergency management system with unified leadership, hierarchical responsibility and territorial management as the mainstay.
People's governments at or above the county level should strengthen the construction of a food emergency system, improve a food emergency storage, transportation, processing, and supply network with a reasonable layout, efficient and coordinated operation, and establish an emergency food evacuation mechanism when necessary to ensure that it has a food emergency response that meets emergency needs. Ability to regularly carry out emergency drills and training.
Article 48The competent department of development and reform, grain and reserves under the State Council shall, in conjunction with relevant departments, formulate a national grain emergency plan and submit it to the State Council for approval. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the actual conditions of their respective administrative regions, formulate grain emergency plans for their respective administrative regions.
The formulation of grain emergency plans of the people's governments at the municipal and county levels divided into districts shall be decided by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 49The State establishes a reporting system for abnormal fluctuations in the grain market. In the event of an emergency that causes abnormal fluctuations in the supply and demand relationship and prices in the grain market, the competent departments of development and reform, agriculture and rural areas, grain and reserves, and market supervision and management of the local people's government at or above the county level shall promptly report the relevant situation of the grain market to the people's government at the corresponding level and the competent department of the people's government at the next higher level.
Article 50If the people's government at or above the county level confirms the occurrence of a food emergency in accordance with its authority, it shall promptly initiate emergency response and may take the following emergency response measures in accordance with the law:
(I) the measures provided for in Article 40 of this Law;
(II) additional emergency supply network;
(III) organizations for food processing, transportation and supply;
(IV) requisition of grain, storage facilities, sites, means of transport and other materials for ensuring food supply;
(V) other necessary measures.
When necessary, the State Council may take corresponding measures in accordance with the provisions of the the People's Republic of China Price Law.
In the event of a food emergency, the relevant units and individuals shall obey the unified command and dispatch of the people's government at or above the county level, cooperate with the adoption of emergency response measures, and assist in maintaining the order of the food market.
If losses are caused to others due to the implementation of food emergency response measures, the people's government at or above the county level shall make fair and reasonable compensation in accordance with regulations.
Article 51After the state of food emergency is eliminated, the people's government at or above the county level shall promptly terminate the implementation of emergency response measures and restore the ability to respond to the state of food emergency.
Chapter VIII Grain Saving
Article 52The state practices economy and opposes waste. The people's governments at or above the county level shall establish and improve the mechanism of combining guidance and encouragement with disciplinary education, strengthen the leadership, supervision and management of grain conservation work, and promote grain conservation work.
The development and reform, agriculture and rural areas, grain and reserves, market supervision and management, commerce, industry and information technology, transportation and other relevant departments of the people's government at or above the county level shall, in accordance with their duties, do a good job in grain production, reserve, circulation, processing, consumption and other links.
Article 53Grain producers should strengthen the protection of grain crops during the growth period and the management of production operations, and reduce grain losses and waste in sowing, field management, and harvesting.
It is forbidden to intentionally destroy the young crops of food crops planted on cultivated land.
The State encourages and supports the promotion of practical technologies such as timely agricultural machinery harvesting and drying at production areas, guides and supports grain producers to scientifically harvest and store grain, improves grain harvest and storage conditions, ensures good grain quality, and reduces post-partum losses.
Article 54The State encourages grain operators to use advanced and efficient grain storage, transportation and processing facilities and equipment to reduce grain losses and losses.
Article 55The State promotes the application of appropriate grain processing technology to prevent excessive processing and increase the yield of finished grain.
The State optimizes the structure of industrial grain production and regulates the irrational processing and transformation of grain.
Article 56Food producers and operators shall, in accordance with the provisions of relevant laws and regulations, establish and improve the management systems of production, storage, transportation and processing, so as to guide consumers to consume reasonably and prevent and reduce food waste.
Individuals and families of citizens should establish a civilized, healthy, rational, and green consumption concept, and cultivate a good habit of scientific and healthy, making the best use of everything, and eliminating waste.
Article 57Organs, people's organizations, social organizations, schools, enterprises and institutions shall strengthen the management of their own canteens, regularly carry out food conservation inspections, and correct wasteful behaviors.
Relevant food and food societies, associations, etc. shall formulate and improve relevant group standards for saving food and reducing losses and losses in accordance with the law, and carry out the popularization of food conservation knowledge and publicity and education.
Chapter IX Supervision and Administration
Article 58The relevant departments of the people's governments at or above the county level, such as development and reform, agriculture and rural areas, grain and reserves, natural resources, water administration, ecological environment, market supervision and management, industry and information technology, shall, in accordance with their duties, supervise and inspect grain production, reserves, circulation and processing, and establish a food safety supervision and coordination mechanism and an information sharing mechanism to strengthen cooperation and cooperation.
Article 59The competent departments of development and reform, agriculture and rural areas, grain and reserves under the State Council shall, in conjunction with relevant departments, establish a food security monitoring and early warning system, strengthen food security risk assessment, and improve the food security information release mechanism.
No unit or individual may fabricate or disseminate false food security information.
Article 60 The State shall improve the standard system for grain production, storage, transportation and processing. Grain producers and operators shall strictly abide by the provisions of relevant laws and regulations, implement relevant standards and technical specifications, and ensure grain quality and safety.
People's governments at or above the county level shall strengthen the supervision and management of grain quality and safety in grain production, storage, circulation, and processing in accordance with the law, establish a grain quality and safety traceability system, and improve the grain quality and safety risk monitoring and inspection system.
Article 61The relevant departments of the people's governments at or above the county level may take the following measures to carry out food safety supervision and inspection in accordance with their duties:
(I) enter grain production and operation sites to carry out on-the-spot inspection;
(II) to the relevant units and personnel to investigate and understand the relevant situation;
(III) access to places suspected of illegal activities to investigate and collect evidence;
(IV) consult and copy relevant documents, materials, account books and vouchers, and seal up documents, materials, account books, vouchers and electronic equipment that may be transferred, concealed or damaged;
(V) seal up or detain places, facilities or property suspected of illegal activities;
(VI) interview and inquire about the legal representative, person in charge or other staff of the relevant unit.
The relevant departments of the people's government at or above the county level shall perform their duties of supervision and inspection and find clues to the problems of public officials suspected of violating the law or committing crimes in their duties, and the supervisory organs shall promptly transfer them to the supervisory organs, which shall accept and investigate and deal with them in accordance with the law.
Article 62The competent departments of development and reform, natural resources, agriculture and rural areas, grain and reserves under the State Council shall, in conjunction with relevant departments, carry out the assessment of the implementation of the responsibility system for cultivated land protection and food security in provinces, autonomous regions and municipalities directly under the Central Government in accordance with the provisions.
Provinces, autonomous regions and municipalities directly under the Central Government to their respective administrative regionsfarmland protection andOverall responsibility for food security, itsThe main person in charge is the administrative areafarmland protection andThe First Person Responsible for Food SecurityIt is responsible for the protection of cultivated land and food security objectives within its administrative area.
Local people's governments at or above the county level shall regularly supervise and inspect the implementation of cultivated land protection and food security responsibilities in their administrative areas, and incorporate the implementation of cultivated land protection and food security responsibilities into the heads of relevant departments of the people's governments at the same level, the people's governments at lower levels and their responsible persons. Content of assessment and evaluation.
For local people's governments with poor implementation of responsibilities for cultivated land protection and food security, and with prominent problems, the people's governments at higher levels may conduct responsibility interviews with their main responsible persons. The local people's government interviewed by the responsibility shall immediately take measures to carry out rectification.
Article 63Foreign investment in grain production and operation that affects or may affect national security shall be subject to foreign investment safety review in accordance with relevant national regulations.
Article 64The competent departments of development and reform, agriculture and rural areas, grain and reserves of the people's governments at or above the county level shall strengthen the construction of the grain security credit system and establish the credit records of grain producers and operators.
Units and individuals shall have the right to supervise the work of ensuring food security, and make complaints and reports to the relevant departments of the people's governments at or above the county level for violations of this law, and the departments that receive the complaints and reports shall deal with them in a timely manner in accordance with the provisions.
Chapter X Legal Liability
Article 65 If, in violation of the provisions of this Law, the local people's government and the relevant departments of the people's government at or above the county level fail to perform their duties of ensuring food security or commit other acts of abuse of power, dereliction of duty or malpractice for personal gain, the responsible leaders and persons directly responsible shall be punished in accordance with the law.
Article 66Those who, in violation of the provisions of this law, plant crops that do not meet the requirements for the control and control of the planting use of cultivated land shall be criticized and educated by the competent agricultural and rural departments of the people's governments at the county level or the people's governments of townships and townships; if they still fail to make corrections after criticism and education, subsidies related to grain production may not be granted; relevant agricultural production and operation organizations may be fined according to law.
Article 67 Any enterprise or other organization that, in violation of the provisions of this Law, undertakes to store government grain reserves shall be punished in accordance with the provisions of relevant administrative regulations if it commits any of the following acts:
(I) refusal to implement or violation of regulations on the purchase, sale, rotation and use of government grain reserves;
(II) did not record the whole process of the purchase, sale, rotation and use of government grain reserves;
(III)Failure to ensure the quantity, quality and safety of government grain reserves in accordance with regulations.
Operators engaged in grain purchase, storage, processing, and sales, as well as feed and industrial grain enterprises, who fail to establish grain business accounts in accordance with regulations, or submit basic grain data and related information, shall be punished in accordance with the provisions of the preceding paragraph.
Article 68Whoever, in violation of the provisions of this Law, occupies, damages, dismantles or relocates the grain circulation infrastructure invested and constructed by the government, or changes its use without authorization, shall be ordered by the relevant departments of the local people's government at or above the county level to stop the illegal act, restore the original state within a time limit or take other remedial measures; if the original state is not restored within the time limit or other remedial measures, the unit shall be fined not more than 50000 yuan but less than 500000 yuan, A fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed on an individual.
Article 69In violation of the provisions of this law, when a food emergency occurs, disobeys the unified command and dispatch of the people's government at or above the county level, or does not cooperate in taking emergency measures, the relevant departments of the people's government at or above the county level shall order corrections and give warnings in accordance with their duties; Refusal to correct, the unit shall be fined between 20,000 yuan and 200,000 yuan, and the individual shall be fined between 2,000 yuan and 20,000 yuan; if the circumstances are serious, A fine of not less than 200,000 yuan but not more than 2 million yuan shall be imposed on the unit, and a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed on the individual.
Article 70Whoever, in violation of the provisions of this Law, intentionally destroys the young crops of grain crops planted on cultivated land shall be ordered by the competent department of agriculture and rural areas of the local people's government at or above the county level to stop the illegal act; if the circumstances are serious, a fine of not more than five times the value of the young crops of grain crops may be destroyed.
Article 71 ViolationLand management, farmland protection,seeds, quality and safety of agricultural products, food safety,Anti-food waste, production safety and other laws and administrative regulations,Handle and punish in accordance with relevant laws and administrative regulations.
Article 72Anyone who violates the provisions of this Law and causes losses to others shall be liable for compensation according to law; if the act constitutes a violation of public security management, the public security organ shall impose public security management penalties according to law; if the act constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter XI Supplementary Provisions
Article 73The term "grain" as used in this Law refers to wheat, rice, corn, soybeans, miscellaneous grains and their finished grains. Cereals include millet, sorghum, barley, buckwheat, oats, highland barley, mung bean, potato, sweet potato and so on.
This Law shall apply with reference to the work of ensuring the safety of oilplants and edible vegetable oils.
Article 74This law shall come into force on June 1, 2024.