One view is that the administrative department of agricultural inputs such as chemical fertilizers is the administrative department of agriculture. The arguments put forward are as follows:
Measures for the administration of fertilizer registration? (20 17 edition) (201716543810/0.30 revision) Item 3, Paragraph 1 of Article 6 "The agricultural administrative department of the local people's government at or above the county level is responsible for the supervision and management of fertilizers within its administrative area. Twenty-sixth "one of the following circumstances, given a warning by the administrative department of agriculture at or above the county level, and impose a fine of less than 3 times the illegal income, but the maximum shall not exceed 30000 yuan; If there is no illegal income, a fine of 10000 yuan shall be imposed: (3) The effective components or contents of the fertilizer products produced and sold are inconsistent with the contents approved by the registration. "
The regulations clearly state that the supervision and management of fertilizers belongs to the administrative department of agriculture. If the effective components of fertilizer products produced and sold do not meet the registration standards, it points to the problem of unqualified product quality.
In the three plans of the Ministry of Agriculture and Rural Affairs, the supervision and management of means of production and agricultural inputs are stipulated as follows. Provisions of the Ministry of Agriculture and Rural Affairs on Functional Allocation, Internal Organization and Staffing Article 4, Paragraph 1, Item 8 is responsible for the supervision and management of agricultural means of production and agricultural inputs. Article 10 These Provisions shall come into force as of July 28, 20 18.
It is necessary to briefly introduce the concept of agricultural input. Among them, agricultural means of production and agricultural inputs refer to substances used or added in agricultural production. Including seeds, seedlings, fertilizers, pesticides, veterinary drugs, feed and feed additives, as well as agricultural engineering materials such as agricultural films, agricultural machinery, agricultural engineering facilities and equipment.
Article 46 of the Law on the Quality and Safety of Agricultural Products stipulates that "if the use of agricultural inputs violates laws, administrative regulations and the provisions of the administrative department of agriculture of the State Council, it shall be punished in accordance with the provisions of relevant laws and regulations." Agricultural inputs are an important factor related to the quality and safety of agricultural products. It is necessary to strictly regulate the use of agricultural inputs and clarify relevant legal responsibilities. This law does not stipulate unified legal liability for acts that violate the provisions of agricultural inputs, but is regulated by relevant laws and administrative regulations by setting guiding clauses. So far, the relevant laws and administrative regulations involved mainly include: agricultural law, fishery law, animal husbandry law, pesticide management regulations, agricultural genetically modified organisms safety management regulations, seed law, feed and feed additives management regulations, veterinary drug management regulations and so on.
The second view is that the competent department of agricultural inputs such as chemical fertilizers is the merged market supervision and management department.
The Measures for the Supervision and Management of Agricultural Production Materials Market has made detailed provisions on the supervision of agricultural materials market. The term "agricultural materials" as mentioned in Article 3 of these Measures refers to agricultural inputs closely related to agricultural production, such as seeds, pesticides, fertilizers, agricultural machinery and spare parts, and agricultural films. The term "agricultural operators" as mentioned in these Measures refers to natural persons, enterprise legal persons and other economic organizations engaged in agricultural operations. "
Article 4 "The administrative department for industry and commerce shall be responsible for the supervision and management of the agricultural resources market and perform the following duties according to law: (1) Supervise and inspect the business activities of agricultural resources operators within its jurisdiction according to law and investigate and deal with illegal acts; (two) to supervise and inspect the quality of agricultural materials within the jurisdiction according to law, and investigate and deal with unqualified agricultural materials; (three) to accept and handle the complaints and reports of agricultural consumers within their jurisdiction according to law; (four) to perform other duties of supervision and management of agricultural resources market according to law. "
The merged market supervision and management department consists of quality supervision and management department, food and drug supervision and management department, former industrial and commercial administration department and other relevant departments. Natural market supervision and management departments have the right and obligation to strengthen the quality supervision of chemical fertilizers and other products.
Provisions of the State Administration of Market Supervision on Function Allocation, Internal Organization and Staffing (effective as of July 30, 20 18) Article 3 "The State Administration of Market Supervision implements the principles, policies and decision-making arrangements of the CPC Central Committee on market supervision and management, adheres to and strengthens the centralized and unified leadership of the Party on market supervision and management in the course of performing its duties, and its main responsibilities are: (5) to supervise and manage market order. Supervise and manage market transactions, online commodity transactions and related services according to law. Organize and guide the investigation and punishment of illegal price charging, unfair competition, illegal direct selling, pyramid selling, infringement of trademark and patent intellectual property rights, manufacturing and selling counterfeit and shoddy acts. Guide the development of advertising industry and supervise and manage advertising activities. To guide and investigate unlicensed production and operation and related unlicensed production and operation behaviors. Guide China Consumers Association to carry out consumer rights protection work. (seven) responsible for product quality and safety supervision and management. Manage product quality and safety risk monitoring and national supervision and spot check. Establish and organize the implementation of quality grading system and quality and safety traceability system. Guide the management of industrial product production license. Responsible for fiber quality supervision. Article 8 These Provisions shall come into force as of July 30, 20 18. "
The third plan of the State Administration of Market Supervision also mentions that the market supervision and management department is responsible for the supervision and management of product quality and safety, and the fifth item of Article 3 also mentions organizing and guiding the investigation and punishment of counterfeit and shoddy acts.
Therefore, the second opinion is that the market supervision and management department is the administrative department of agricultural inputs, which is beyond doubt.
For the first two typical opinions, the author agrees with the first one. As mentioned above, the Measures for the Administration of Fertilizer Registration? (20 17 edition) (revised by 20 17 1 1.30) The Regulation on the Functional Allocation, Internal Organization and Staffing of the Ministry of Agriculture and Rural Affairs has really defined the administrative department of chemical fertilizers, and the Measures for the Supervision and Management of Agricultural Production Materials Market mentioned in the second opinion has been adopted in 2000.
Does that mean that the market supervision and management department has no supervision and management power over chemical fertilizers? In my opinion, it is not. In the Decision of the State Council on Adjusting the Catalogue of Industrial Product Production License to Strengthen Supervision after the Event, Guo Fa [2065 438+09] 19, the products listed in the industrial product production license are 10, and the ninth product is chemical fertilizer. "Regulations of the People's Republic of China on the Administration of Production Licenses for Industrial Products" (hereinafter referred to as "Regulations on Production Licenses") Article 4 "The production, sale and use of products listed in the catalogue within the territory of People's Republic of China (PRC) shall abide by these regulations. The import and export management of products listed in the catalogue shall be implemented in accordance with laws, administrative regulations and relevant state regulations. "
The Regulations on Production License clearly stipulates that an enterprise fails to apply for a production license to produce products listed in the catalogue in accordance with the regulations, and the name of the enterprise that has obtained the production license changes. The enterprise that has obtained the production license fails to mark the production license mark and number on the product, package or manual in accordance with the regulations, and sells or uses the products listed in the catalogue without the production license in its business activities.
In a word, chemical fertilizer is an important industrial product, and industrial product production licenses should be implemented for these products. The production and sale of products listed in the catalogue shall abide by these regulations. In violation of the provisions of the production license, the administrative department of industrial product certification may give corresponding punishment according to the relevant provisions.
The Provisions of the State Administration of Market Supervision on Function Allocation, Internal Organization and Staffing (implemented on July 30, 2008+2065438) stipulates that the market supervision and management department shall guide the administration of industrial product certification. Item 7 of Article 3 "In the course of performing its duties, the State Administration of Market Supervision implements the principles, policies and decision-making arrangements of the Party Central Committee on market supervision and management, and upholds and strengthens the centralized and unified leadership of the Party on market supervision and management. Main responsibilities: (7) Responsible for product quality and safety supervision and management. Manage product quality and safety risk monitoring and national supervision and spot check. Establish and organize the implementation of quality grading system and quality and safety traceability system. Guide the management of industrial product production license. Responsible for fiber quality supervision. "
To sum up, the administrative department of chemical fertilizer is the Agriculture and Rural Bureau, which is responsible for the supervision and management of chemical fertilizer registration and the safety supervision and management of product quality. The merged market supervision and management department also has the right to supervise and manage the production and sales of chemical fertilizers, but only the production license management of industrial products. If the chemical fertilizer quality spot check is unqualified, the market supervision and management department shall, in accordance with the relevant provisions of the Regulations of the People's Republic of China on the Administration of Production Licenses for Industrial Products, order it to make corrections within a time limit. If it is still unqualified after the expiration of the review period, the production license shall be revoked.