In 2011 agricultural departments at various levels continued to improve agricultural legal system and the system of agricultural regulations, and carried forward agricultural law enforcement in a deep-going way. They also actively carried out special law enforcement activities such as special operations on farm product quality and safety. Agricultural legislation made remarkable progress.
1. Agricultural legislation was enhanced The 176th Executive Meeting of the State Council on 26 October 2011 approved the amended Regulations on Animal Feed and Feed Additives, putting in force on 1 May 2012. The amended regulations, in accordance with the need of quality and safety control of animal feed and feed additives under new circumstances, made four modifications:
First, the responsibilities for product quality of local governments, departments in charge of animal feed, and of feed producers and dealers are clearly defined.
Second, mechanisms for quality and safety control in production and marketing are improved. A mechanism for the check of records of raw material purchases of feed producers and for the keeping of records is newly introduced. Quality and safety control measures for the production process are strengthened. Requirements on the packaging and labeling of feed and feed additives are made clear.
Third, control regimes on feed use are improved. Made clear are banned substances. Feed use by farmers is regulated, particularly the management of self-prepared feed.
Fourth, supervision measures are improved. Mechanisms for supervision and sample checks on feed and feed additives, for credit grading of producers and dealers are set up. Penalties for violations of the regulations are tightened.
In order to implement the State Council's Opinions on the Faster Development of Crop Seeds Industry, the MoA amended Management Rules of Licenses for the Production and Marketing of Crop Seeds, which was enforced in 2001. It released the new Management Rules of Licensing for the Production and Marketing of Crop Seeds. The amended rules, following the principles of being conducive to strengthening seeds enterprises, being conducive to protecting farmers5 interests, and being conducive to improving efficiency of management, has the following content:
First, higher requirements for registered capital of seeds producers and dealers are provided for. New requirements for the share of fixed assets in total assets of seeds marketing enterprises are introduced. Provisions for facilities of seeds enterprises and qualifications of staff members are also added.
Second, supervision over seeds producers and dealers are strengthened. Seeds enterprises are required to set up archives for their business activities and to report them annually to authorities according to specific rules.
Third, links between seeds production and marketing are enhanced. Procedures for seeds production license applications would be simplified for enterprises that are already licensed for seeds marketing. Seeds enterprises are also encouraged to incorporate breeding and marketing.
In order to implement the requirements of the Fisheries Law for the establishment of reserves for aquatic germplasm resources and to regulate their development and management, the MoA formulated and released the Management Rules of Reserves for Aquatic Germplasm Resources.
The rules provide a clear definition of the reserve for aquatic germplasm resources and contain clauses on what aquatic germplasm resources are to be protected, procedures for approval by authorities at different levels, requirements for application materials and naming methods. The rules also stipulate the administrative authority of the reserve and its chief duties and include provisions for banned or restricted activities inside the reserve, requirements for environmental impact assessment of fishery-related construction projects in the reserve and procedures for variation or revocation of the reserve.
In order to implement provisions of the Management Rules for Farm Machinery Safety Supervision promulgated by the State Council in 2009 for the handling of accidents involving farm machinery and to properly handle these accidents at a timely manner, the MoA formulated and released the Rules for the Handling of Accidents Involving Farm Machinery, which has the following content:
First, accidents involving farm machinery are clearly graded. Accidents are categorized as extraordinary accidents, major accidents, fairly big accidents and general accidents. Investigation and handling procedures are provided for accordingly.
Second, on the basis of different handling procedures, duties and obligations of farm machinery safety supervisory departments and the parties involved in the accident are clearly defined in reporting of the accident, handling, investigation, determination and re-check, mediation for compensation and accident report preparation.
Third, also provided for is liability of authorities in charge of agricultural mechanization, farm machinery safety supervisory departments and the parties involved in the accident for illegal activities in the handling of the accident.
In order to implement the Administrative Coercion Law, the MoA, in accordance with the arrangements of the State Council, carried out a clean-up operation concerning administrative coercion in 25 agricultural administrative laws, 156 regulations and 192 regulatory documents.
On this basis, the MoA released the Decision of the Ministry of Agriculture on Amending Several Regulations and Regulatory Documents. Five regulations and regulatory documents—Rules on Procedures for Agricultural Administrative Penalties; Specifications for the Formulation of Documents in Agricultural Law Enforcement; Detailed Rules for the Implementation of Regulations on the Protection of New Varieties of Plants in the People's Republic of China (section of agriculture); Temporary Rules for the Levy and Use of Fees for the Protection of Proliferation of Fishery Resources in the Yellow and Bohai Seas, East China Sea and South China Sea; Regulations on the Levy of Seaport Fees —were modified, improving the promptness, balance and workability of agricultural legislation.
Agricultural departments in various localities also pushed for local agricultural legislation according to their own conditions. Hunan and Gansu provinces blazed trails in legislation on the management of alien species and education and training of farmers respectively. The provinces (autonomous regions, municipalities) of Xinjiang, Shanxi, Jiangxi, Jiangsu, Shandong, Chongqing, Inner Mongolia, Hubei and Yunnan produced local legislation on farmers' professional cooperatives, farm product quality and safety, basic protection of grassland and pastures, animal disease prevention, fisheries and animal and livestock breeders.
In order to implement the State Council's Opinions on the Development of Government Ruled by Law, and to improve agricultural administration according to law, the MoA released Opinions on the Further Promotion of Agricultural Administration According to Law, which made overall arrangements in the five aspects of adherence to scientific and democratic decisionmaking, improvement of systems, enhancement in agricultural law enforcement, settlement of farmer-related disputes and conflicts, and enhancement of organization and leadership.
In order to boost links between agricultural law enforcement with criminal justice, the MoA, in accordance with the State Council's Regulations on the Transfer by Administrative Law Enforcement Authorities of Legal Cases That Might Involve Criminal Offense, as well as requirements of the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Supervision, taking into account practices of agricultural law enforcement, formulated and released Opinions on Boosting Links Between Agricultural Law Enforcement With Criminal Justice, which set up requirements in the four aspects of raising awareness, completing statutory duties, improving linkage mechanisms, and enhancing organization and leadership and supervision.
2. Comprehensive law enforcement in agriculture was carried forward in a practical manner In 2011，agricultural departments at various levels pushed forward comprehensive law enforcement in agriculture with greater effort. Through the enhancement of supervision and improvement in mechanisms, comprehensive law enforcement in agriculture made breakthroughs and the role of comprehensive law enforcement in agriculture as backbone in general agricultural law enforcement was given full play.
1) The three-year goals for comprehensive law enforcement in agriculture were met. By the end of 2011, comprehensive law enforcement in agriculture was carried out in 2,286 counties and 237 cities. This meant that 98.2% of counties that should have carried out comprehensive law enforcement in agriculture had done so.
In all provinces (autonomous regions, municipalities) but Beijing, Tianjin, Guangdong, Xinjiang, Yunnan, Liaoning and Gansu, all counties had carried out comprehensive law enforcement in agriculture. The target that comprehensive law enforcement in agriculture should cover all counties was almost met.
2) Duties of comprehensive law enforcement in agriculture were expanded. With the constant improvement in the system of comprehensive law enforcement in agriculture, the duties of comprehensive law enforcement in agriculture kept on expanding in various regions. Apart from seeds, pesticides and fertilizers, 71.4% of institutions of comprehensive law enforcement in agriculture had extended their duties to farm product quality and safety.
3) Comprehensive law enforcement in agriculture became remarkably more effective. In 2011, comprehensive law enforcement organs at various levels handled 51,412 cases of administrative penalties, an increase of 3.6% over the previous year. Of the cases, 57.6% went through general procedures, 2.6 percentage points higher. In the year, 159 licenses were deregistered; nearly 112 million yuan of fines were imposed, 216% higher than the previous year; 159 cases were transferred to judicial authorities, 23% higher. Comprehensive law enforcement in agriculture dealt heavy blows to the production and marketing of fake or substandard products.
In addition, comprehensive law enforcement organs in Chongqing, Hubei and Zhejiang innovated mechanisms for law enforcement, including the combination of routine testing with law enforcement sample checks; consultations on cases; in ter-departmental cooperation; coordination between authorities at different levels; and specific team for cases. Comprehensive law enforcement in agriculture became remarkably more effective.
3. Efforts were made to do good work concerning administrative reconsideration In 2011, the MoA received 18 applications for administrative reconsideration — seven applications were about opening of information, four about administrative licensing, two about administrative penalties, two about administrative inaction, three about other categories. All applications were properly handled within deadline and according to law.
Of the 18 applications for administrative reconsideration, six of them were overruled or returned to authorities, four applications were rejected; three cases were terminated; in two cases, the original decisions were upheld; two applications were withdrawn; one application was dismissed. No applicants filed for administrative proceedings against the MoA's handling of the administrative reconsideration cases.
The MoA also received one application for supervision over administrative reconsideration by lower authorities and had ordered relevant agricultural administrative departments at provincial level to handle the case properly according to law.
4. Special operations on farm product quality and safety and operations against fake goods to be used in agricultural production were carried out in a deep-going way Building on successes in the previous two years, agricultural departments at various levels implemented in earnest the arrangements and requirements of the CPC Central Committee and the State Council and carried out six special operations in 2011 against "lean meat essence"，in animal products, pesticide residues in vegetables, banned substances in fresh milk, fake veterinary drugs, banned drugs in aquatic products, and fake goods to be used in agricultural production.
In 2011, 4.16 million law enforcement personnel were involved and checks on 2.89 million enterprises were conducted. In the checks, 1,020 unlicensed enterprises were closed down and 332 licenses were de-registered. More than 41,000 malpractices were found, and 29,000 of them were investigated. A total of 152 cases were transferred to judicial authorities.
