Xinhua News Agency

President of the People's Republic of China

Number seventy

The Decision of the Standing Committee of the National People's Congress on Amending the Agricultural Law of the People's Republic of China was adopted on December 28, 2012 by the 30th meeting of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China. Announcement, effective January 1, 2013.

Hu Jintao, chairman of the People's Republic of China

December 28, 2012

Law of the People's Republic of China on Agriculture

Xinhua News Agency, Beijing, December 28

(Adopted at the Second Session of the Standing Committee of the Eighth National People's Congress on July 2, 1993 as amended at the 31st meeting of the Standing Committee of the Ninth National People's Congress on December 28, 2002 Pursuant to the resolution of August 27, 2009 The Tenth Meeting of the Standing Committee of the National People's Congress on the First Revision of the Decision on Amending Some Laws Pursuant to the Tenth Meeting of the Standing Committee of the Eleventh National People's Congress on December 28, 2012, Amendment "The People's Republic of China Agricultural Law" second amendment)

table of Contents

Chapter I General Provisions

Chapter II agricultural production and management system

Chapter III Agricultural Production

Chapter IV Agricultural Products Circulation and Processing

Chapter V Food Security

Chapter VI Agricultural Investment and Support Protection

Chapter VII Agricultural Science and Technology and Agricultural Education

Chapter VIII Agricultural Resources and Agricultural Environmental Protection

Chapter IX Protection of Peasants' Rights and Interests

Chapter X Rural Economic Development

Chapter XI Law Enforcement Supervision

Chapter XII legal responsibility

Chapter I General Provisions

Article 1 In order to consolidate and strengthen the basic position of agriculture in the national economy, deepen rural reform, develop agricultural productive forces, promote agricultural modernization, safeguard the lawful rights and interests of peasants and agricultural production and management organizations, increase peasants' income, and enhance their scientific and cultural qualifications, and promote The objective of establishing a well-off society in an all-round way will be enacted in the sustained, steady and healthy development of agriculture and rural economy.

Article 2 The term agriculture as mentioned in this law refers to the industries of crop cultivation, forestry, animal husbandry and fishery, including the antepartum, mid-course and post-natal services directly related to it.

Agricultural production and operation organizations as referred to in this Law refer to rural collective economic organizations, farmer specialized cooperative economic organizations, agricultural enterprises and other organizations engaged in agricultural production and operation.

Article 3 The state places agriculture in the first place in the development of the national economy.

The basic objectives of agricultural and rural economic development are to establish a rural economic system that meets the requirements of developing a socialist market economy, continuously liberate and develop rural productive forces, improve the overall quality and efficiency of agriculture, ensure the supply and quality of agricultural products and meet the requirements of national economic development and population Increase and improve their living standards, raise their incomes and living standards, promote the transfer of surplus rural labor force to non-agricultural industries and cities and towns, narrow the gap between urban and rural areas and regional differences, and build a prosperous, democratic and civilized socialist new countryside and gradually realize the goal of agriculture and Rural modernization.

Article 4 The State shall take measures to ensure that agriculture plays a better role in providing foodstuffs, industrial raw materials and other agricultural products, maintaining and improving the ecological environment, and promoting rural economic and social development.

Article 5 The state shall adhere to and improve the basic economic system in which public ownership is the main body and various forms of ownership economy develop jointly to revitalize the rural economy.

The long-term stability of rural areas in the family contract management based on the combination of two-tier management system, the development of social service system, expand the collective economic strength, and guide farmers to take the common prosperity of the road.

In the rural areas, the state upholds and improves the distribution system that takes the distribution according to work as the mainstay and the multiple distribution modes coexist.

Article 6 The state upholds the principle of rejuvenating agriculture through science and education and sustainable development of agriculture.

The state has taken measures to strengthen infrastructure construction in agriculture and rural areas, readjust and optimize the agricultural and rural economic structure, promote the industrialization of agriculture, develop agricultural science and technology, education, protect the agricultural ecological environment, promote agricultural mechanization and informationization, and improve the comprehensive agricultural production capacity .

Article 7 The state shall not infringe the property and other legal rights and interests of peasants and agricultural production and operation organizations.

People's governments at all levels and their relevant departments shall take measures to increase the income of peasants and effectively reduce the peasants' burden.

Article 8 The whole society should attach great importance to agriculture and support agricultural development.

The state rewards units and individuals that have made outstanding achievements in developing agriculture and the rural economy.

Article 9 The people's governments at all levels shall be responsible for the unified development of agriculture and rural economy, and organize all relevant departments and the entire society to do a good job in various fields of agriculture and services for the development of agriculture.

The administrative department of agriculture under the State Council shall be in charge of the development of agriculture and rural economy throughout the country. The competent forestry administrative department of the State Council and other relevant departments shall be responsible for relevant agricultural and rural economic development within their respective responsibilities.

The agricultural administrative departments of the local people's governments at or above the county level shall be responsible for the agricultural and rural economic development in the administrative areas such as crop farming, animal husbandry and fishery, and the forestry administrative departments shall be responsible for the forestry work within their own administrative areas. Other relevant departments of the local people's government at or above the county level shall, within the scope of their respective duties and responsibilities, be responsible for the relevant work concerning agricultural production and management within their respective administrative areas.

Chapter II agricultural production and management system

Article 10 The state shall implement the system of contractual management of rural land, safeguard the long-term stability of the contractual relationship of rural land according to law, and protect the right of peasants to use the contractual land.

The methods and deadlines for rural land contracting, the rights and obligations of contractors and contractors, the protection and circulation of land contractual management rights, etc., apply to the Land Administration Law of the People's Republic of China and the Rural Land Contract Law of the People's Republic of China.

Rural collective economic organizations should, on the basis of family contracting, manage collective assets according to law and provide their members with such services as production, technology and information, and organize the rational development and utilization of collective resources to strengthen their economic strength.

Article 11 The state encourages farmers to voluntarily form specialized cooperative economic organizations on the basis of family contractual management.

Farmer specialized cooperative economic organizations should adhere to the principle of serving members and carry out agricultural production and management and service activities in accordance with the principle stipulated in their charter in accordance with the principle of joining in voluntariness, withdrawing from freedom, administering democratically and surrendering surpluses.

Farmer specialized cooperative economic organizations can take many forms and are established according to law and registered according to law. No organization or individual may infringe upon the property and management autonomy of farmer specialized cooperative economic organizations.

Article 12 Peasants and agricultural production and management organizations may, in accordance with the principle of democratic management, according to the principle of combining distribution according to work and dividends by shares, voluntarily purchase shares of capital, technology and goods and establish enterprises of all kinds in accordance with the law.

Article 13 The state shall take measures to develop various forms of agricultural industrialization operation and encourage and support the peasants and agricultural production and management organizations to develop integrated production, processing and sales operations.

The state shall guide and support enterprises, research institutes and other organizations engaged in the production, processing and distribution of agricultural products to form a community of interests with revenue sharing and risk sharing by entering into contracts or establishing various types of enterprises with specialized economic cooperative organizations of peasants or peasants , Promote agricultural industrialization and promote agricultural development.

Article 14 Peasants and agricultural production and operation organizations may, in accordance with laws and administrative regulations, set up various agricultural product trade associations, provide services such as production, marketing, information, technology and training to their members, give play to the role of coordination and self-regulation, and propose relief measures for agricultural products Apply for and safeguard the interests of members and industry.

Chapter III Agricultural Production

Article 15 The people's government at or above the county level shall draw up a plan for the development of agriculture in accordance with the medium- and long-term planning of national economy and social development, the basic objectives of agricultural and rural economic development, and the division of agricultural resources.

The administrative departments of agriculture under the people's government at or above the provincial level shall, according to the agricultural development plan, take measures to give play to their regional advantages, promote the formation of a rational regional distribution of agricultural production, and guide and coordinate the structural adjustment of agriculture and rural economy.

Article 16 The state shall guide and support peasants and agricultural production and operation organizations to adjust and optimize the structure of agricultural production according to the actual needs of the local market, coordinate the development of planting, forestry, animal husbandry and fishery, and develop agriculture with high quality, high yield and high efficiency. Improve the international competitiveness of agricultural products.

Planting industry to optimize the variety, improve quality, increase efficiency as the center, adjust the crop structure, variety structure and quality structure.

Strengthen forestry ecological construction, implement natural forest protection, returning farmland to forest and desertification control project, strengthen the construction of shelterbelt system, speed up the construction of fast-growing and high-yield forest, industrial raw material forest and firewood forest.

We will step up protection and construction of grasslands, speed up the development of animal husbandry, promote captive breeding and rearing, improve the varieties of livestock and poultry, and actively develop feed industry and livestock products processing industry.

Fishery production should protect and make rational use of fishery resources, adjust fishing structure and actively develop aquaculture, offshore fishery and aquatic products processing industry.

People's governments at or above the county level shall formulate policies and arrange funds to guide and support the structural adjustment of agriculture.

Article 17 People's governments at all levels shall take measures to strengthen the comprehensive agricultural development and water conservancy, agro-ecological environment protection, rural roads, rural energy and power grids, warehousing and distribution of agricultural products, fishing ports, grassland fences, Agricultural and rural infrastructure construction, improve agricultural production conditions, and protect and improve the comprehensive agricultural production capacity.

Article 18 The state supports the breeding, production and updating of plant and animal breeds and the popularization and use of seed breeds, encourages the combination of breed breeding, production and management, and implements the seed project and the livestock and seed thoroughbred project. The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government set up special funds to support the breeding and popularization of plant and animal species.

Article 19 The people's governments at all levels and the agricultural production and operation organizations shall strengthen the construction of farmland water conservancy facilities, establish and improve the management system of farmland water conservancy facilities, conserve water, develop water-saving agriculture, strictly control the occupation of irrigation water sources for non-agricultural construction according to law, prohibit any Organizations and individuals illegally occupy or destroy farmland water conservancy facilities.

The state gives key support to the development of water-saving agriculture in water-scarce areas.

Article 20 The state encourages and supports farmers and agricultural production and operation organizations to use advanced and applicable agricultural machinery, strengthen the safety management of agricultural machinery and raise the level of agricultural mechanization.

The state gives support to farmers and agricultural production and management organizations to purchase advanced agricultural machinery.

Article 21 The people's governments at all levels shall support the development of meteorological services for agriculture and raise the level of monitoring and forecasting of meteorological disasters.

Article 22 The state shall take measures to improve the quality of agricultural products, establish and improve the agricultural product quality standard system and quality inspection, inspection and supervision system, and organize the production and operation of agricultural products in accordance with the relevant technical specifications, operating procedures and quality and hygiene safety standards so as to ensure the quality and safety of agricultural products.

Article 23 The state supports the establishment and improvement of the system of certification and emblems of high-quality agricultural products in accordance with the law.

The state encourages and supports the development of high-quality agricultural products. Local people's governments at or above the county level shall, in light of local conditions, take measures in accordance with the relevant state provisions to develop high-quality agricultural product production.

Quality agricultural products conforming to the national standards may apply for the use of the relevant signs in accordance with the provisions of laws or administrative regulations. Agricultural products conforming to the specified place of production and the requirements of agricultural production may apply for the use of agricultural products geographical indications in accordance with the relevant laws or administrative regulations.

Article 24 The State implements animal and plant quarantine and quarantine systems, and perfects animal and plant epidemic prevention and quarantine systems, and strengthens the monitoring, early warning and prevention of animal epidemics and plant diseases, insects, weeds and rodent pests and establishes major animal epidemics and plants Quick extermination mechanism of pests and diseases, the establishment of animal epidemic-free areas, the implementation of plant protection projects.

Article 25 The production and operation of agricultural means of production which may endanger the safety of human beings and animals, such as pesticides, veterinary drugs, feed and feed additives, fertilizers, seeds and agricultural machinery, shall be subject to the registration or permission system in accordance with the relevant laws and administrative regulations.

People's governments at all levels shall establish and improve the safe use system of agricultural means of production. Farmers and agricultural production and operation organizations shall not use such agricultural means of production as pesticides, veterinary drugs and feed additives that are explicitly eliminated or banned by the state and other banned products.

The producers and sellers of agricultural means of production shall be responsible for the quality of the products they produce and sell, and prohibit shoddy or substandard products to pretend to be qualified products; prohibit the production and sale of pesticides that are explicitly eliminated by the state , Veterinary drugs, feed additives, agricultural machinery and other agricultural means of production.

Chapter IV Agricultural Products Circulation and Processing

Article 26 The purchase and sale of agricultural products shall be subject to market regulation. The state exercises the necessary macro-control over the purchase and sale of important agricultural products related to the national economy and the people's livelihood, establishes a system for regulating the level of reserves at the central and local levels, and improves the warehousing and transportation system so as to ensure the supply and stabilize the market.

Article 27 The state shall gradually establish a unified, open, competitive and orderly market system for agricultural products and formulate plans for the development of agricultural products wholesale markets. The state shall give support to the establishment of agricultural product wholesale markets and agricultural product bazaars for rural collective economic organizations and farmer specialized cooperative economic organizations.

The administrative departments for industry and commerce and other relevant departments under the people's government at or above the county level shall, according to their respective functions and duties, administer the wholesale market for agricultural products in accordance with the law, regulate the order of transactions, and prevent local protection and unfair competition.

Article 28 The state encourages and supports the development of various forms of circulation of agricultural products. Support peasants and peasants' specialized cooperative economic organizations to engage in agricultural product acquisition, wholesale, storage, transportation, retail and intermediary activities in accordance with the relevant state provisions. Encourage the supply and marketing cooperatives and other agricultural production and operation organizations engaged in the purchase and sale of agricultural products to provide market information, open up distribution channels for agricultural products and serve for the sale of agricultural products.

People's governments at or above the county level shall take measures to urge relevant departments to guarantee the smooth transportation of agricultural products and reduce the circulation costs of agricultural products. Relevant administrative departments shall simplify procedures and facilitate the transportation of fresh agricultural products, and shall not detain any means of transport of fresh agricultural products unless otherwise provided by laws and administrative regulations.

Article 29 The state supports the development of agricultural product processing industry and food industry and increases the added value of agricultural products. The people's government at or above the county level shall formulate plans for the development of the agro-products processing industry and the food industry, guide the agro-processing enterprises to form a reasonable regional layout and scale structure, and support peasants specialized cooperative economic organizations and township enterprises to engage in the processing and comprehensive development and utilization of agro-products.

The state has established and perfected the quality standards for processed agricultural products, improved the testing methods, and strengthened the quality and safety management and supervision in the processing of agricultural products to ensure food safety.

Article 30 The state encourages the development of agricultural products