Review of the “Law of the People's Republic of China on Quality and Safety of Agricultural Products”

《农产品质量安全法》评述(英文)

One of the characteristics of food safety regulation in China is the separation of agricultural food products（agro-food） from other kinds of food. To this end, a Law on Quality and Safety of Agricultural Products（LQSAP） was enacted to provide for official control at the stage of primary agro-food production. With the enactment and revision of the Food Safety Law, one change in the legislative arrangement is the extension of the scope of this new law to cover the marketing of agro-food and the use of agricultural inputs. However, safety regulation at the stage of primary production of agro-food is still subject to the Law on Quality and Safety of Agricultural Products. It is also important to note that thee LQSAP refers both to agro-food and to agricultural products for non-human consumption; and that it provides rules both for safety assurance and for quality promotion. In the context of intensified official control to ensure food safety and diverse consumer needs for food of higher quality, a revision of the Law on Quality and Safety of Agricultural Products has been initiated. This article describes the goals of this legislation, its institutional arrangements and the directions the revisions are taking in order to provide a better understanding of food safety regulation in China in general and agro-food regulation in particular.

中国食品安全监管的一个特点是食用农产品和其他食品的分类监管,其中,《农产品质量安全法》便是针对前者的单行立法。随着《食品安全法》的制定和修订,一个法律层面的变化便是由新制定的《食品安全法》加强了对食用农产品入市销售和农业投入品的监管,但食用农产品在生产环节的安全监管依旧由《农产品质量安全法》予以规范。此外,就该法律的特点而言,其一是不仅针对食用农产品,而且也针对其他非食用农产品;二是既关乎食品安全保障也关涉质量提升。因此,在食品安全监管从严和消费者需求日益多元化的背景下,《农产品质量安全法》的修订工作已经开始。对此,本文通过对《农产品质量安全法》的立法初衷、制度安排及修订趋势的阐述,在评述该法律的同时也介绍了中国针对食品安全的立法新动向。