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Jilin Province Ginseng Industry Regulations
Chapter I General
Article 1 In order to protect and rationally utilize ginseng resources and promote the healthy and sustainable development of the ginseng industry, these Regulations are formulated in accordance with the relevant laws and regulations of the State and the actual conditions of the province.
Article 2 The activities of ginseng cultivation, processing, management, inspection, appraisal, supervision and management in the administrative area of this province shall comply with these Regulations.
Ginseng used in the processing of food, health food, medicines and daily chemical products shall comply with the relevant laws and regulations.
Article 3 The term "ginseng" as used in these Regulations refers to ginseng and American ginseng in the genus Panax ginseng, including roots, stems, leaves, flowers, fruits and seeds, and seedlings.
Article 4 The competent agricultural department of the provincial people's government is responsible for the management of the ginseng industry in the province. The ginseng management agency of the agricultural administrative department of the provincial people's government is responsible for the specific work of the province's ginseng industry management.
The competent agricultural departments of the municipal (state) and county-level people's governments are responsible for the management of ginseng industry within their respective administrative regions.
The relevant departments of the people's government at or above the county level, such as forestry, health, water conservancy, food and drug supervision and management, industrial and commercial administration, quality and technology supervision, etc., shall jointly carry out the development and management of the ginseng industry in accordance with their respective responsibilities.
Article 5 The provincial people's government promotes the development of ginseng industry through financial support and financial, scientific and technological, talent support and industrial policy guidance.
Article 6 The people's governments at or above the county level shall reward the units and individuals that have made outstanding contributions to the development and management of the ginseng industry.
Chapter II Industrial Planning
Article 7 The provincial people's government shall adhere to the principles of ecological environmental protection, rational allocation of resources and optimization of industrial structure, formulate the development plan for the province's ginseng industry, and incorporate it into the national economic and social development plan.
The municipal (state) and county-level people's governments shall, according to the province's ginseng industry development plan, formulate the development plan for the ginseng industry in the region and organize the implementation.
Article 8 The competent agricultural department of the provincial people's government shall formulate plans for the region and scale of ginseng planting, industrial structure and layout, market planning and construction, etc. according to the province's ginseng industry development plan, and organize implementation after the approval of the provincial people's government.
Article 9 The provincial people's government shall formulate measures to scientifically adjust and optimize the structure of ginseng planting industry, control the use of harvested ginseng to grow ginseng, encourage and support the development of ginseng in non-forest land, and gradually grow ginseng into non-forest land.
Article 10 The provincial people's government shall demarcate the key development areas of ginseng planting according to the natural resources of ginseng in the province, rely on the key development areas of ginseng planting, support the cultivation of large-scale ginseng enterprises and ginseng industrial clusters, and plan to construct ginseng product research and development and deep processing industrial parks.
Article 11 The provincial people's government shall follow the market rules and plan to construct the ginseng professional market and the ginseng trade distribution center according to the development needs of the ginseng industry.
The people's government at or above the county level encourages and supports the construction and development of the ginseng product sales market combined with food and beverage, medical care, beauty and health, sightseeing and Changbai Mountain culture.
Chapter III Planting Management
Article 12 The competent agricultural department of the provincial people's government shall, in conjunction with the relevant departments of quality and technical supervision, formulate standardized cultivation procedures for ginseng. Ginseng planting should comply with the standardized planting procedures for ginseng.
The soil, water source and atmosphere of ginseng planting land should meet the ginseng planting standards and requirements stipulated by ginseng standardized planting regulations.
Article 13 The provincial people's government and the peasant planting key development regional county-level people's government shall encourage and support the construction of ginseng standardized planting demonstration parks, and promote the demonstration of ginseng planting in the forest and non-forest land.
Article 14 Ginseng growers shall establish ginseng planting files. The ginseng planting file is retained for not less than two years from the harvest of ginseng.
The ginseng planting file should include the following:
(1) Basic information such as the name of the grower or the name of the company and the address;
(2) Location of planting plots and soil testing report;
(3) The name, source, usage, dosage and date of use of agricultural inputs such as seeds, seedlings, fertilizers and pesticides used;
(4) The occurrence and prevention of diseases, insects, rats, grasses and other disasters;
(5) Planting date and harvest date; (6) Quality and safety inspection; (7) Sales destination.
Article 15 It is forbidden to carry out the following acts during the ginseng planting process:
(1) Using agricultural products such as pesticides, fertilizers, agricultural films, etc. that are banned or restricted in violation of regulations;
(2) using and using soils and seedlings with pesticide residues or heavy metals exceeding the standard;
(3) using irrigation water that does not meet the prescribed standards; (4) using municipal solid waste, industrial waste and hospital waste as fertilizer;
(5) Other planting behaviors that endanger the quality and safety of ginseng.
Article 16 Licensing management shall be carried out on the use of harvested ginseng for planting ginseng. The competent forestry department of the people's government at or above the county level is responsible for implementing the permit.
To apply for the permit to grow ginseng land for harvesting, the following conditions shall be met:
(1) having a forest right certificate;
(2) There is no record of intercropping of forest ginseng and ginseng planting; (3) Existing forest land is in compliance with the relevant regulations on forest harvesting and the use of harvested ginseng.
Article 17 The permit to plant ginseng land for harvesting shall be implemented in an open, fair and impartial manner.
The competent forestry department of the people's government at or above the county level shall make a written decision on whether or not to grant permission within 20 working days from the date of accepting the application for the permit to grow the ginseng land for the harvested land. If the license is not granted, the reasons and basis shall be explained.
Article 18 The term of the license shall be applied by the licensee and determined by the competent department of forestry according to the age of ginseng planting. After the expiration of the validity period of the license, ginseng should be stopped in the forest.
It is forbidden to rent, sell or transfer the license for ginseng land for harvesting.
It is forbidden to use arable land to grow ginseng without permission.
Article 19 The use of harvested ginseng for ginseng shall be carried out by intercropping of forest ginseng, complying with the technical regulations for afforestation of forest ginseng, and formulating a soil and water conservation plan.
When handling the permit for the cultivation of ginseng land for harvesting, the licensee shall sign an agreement with the forestry authorities for the renewal of afforestation, and clarify the time limit for the use of harvested ginseng for planting ginseng.
Article 20 The competent forestry department of the people's government at or above the county level shall, within 10 working days from the date of making the written permission decision, inform the local competent agricultural authority in writing of the results of the permit for the cultivation of ginseng land for the harvested land. The competent agricultural department shall conduct technical guidance and quality supervision on the licensee. The competent forestry authorities and the forest resource supervision agencies shall supervise and inspect the use of ginseng land for the use of harvested land.
Article 21 It is forbidden to grow ginseng in the cutting grounds of the following forests:
(1) Nature reserves, forest parks, scenic spots and nearby forest land;
(2) The source of rivers and the forest land on both sides;
(3) Ecologically important regional forest land such as reservoirs and lakes;
(4) Forest land in the first ridge on both sides of the national road, provincial road and county road;
(5) Forest land with a slope of 25 degrees or more; (6) Forest land such as ridges and gullies;
(7) Other forest land that does not meet the ginseng planting standards and requirements.
Chapter IV Processing and Management
Article 22 The competent department of health of the provincial people's government shall organize the formulation of local standards for the quality and safety of ginseng and its products.
Article 23 The processing and operation of ginseng and its products must comply with relevant quality and safety standards.
The processors and operators of ginseng and its products shall establish and improve the quality and safety management and inspection system of ginseng and its products, and be responsible for the quality and safety of ginseng and its products.
Article 24 Ginseng used for product processing shall meet the following requirements for the growth of ginseng:
(1) The ginseng growth period of processing raw ginseng, vigorous ginseng and fresh-keeping ginseng is more than four years;
(2) The ginseng of processing red ginseng has a growth period of more than five years;
(3) The growth period of ginseng used for processing other products shall comply with its product standards and relevant regulations.
Article 25 It is forbidden to carry out the following acts in the process of people participating in work and business:
(1) Processing and operating ginseng and its products containing pesticides or other chemical substances prohibited by the state;
(2) processing and operating ginseng and its products of pesticide residues, heavy metals, pollutants and other substances harmful to human health substances exceeding the relevant quality and safety standards;
(3) Processing with toxic and hazardous substances;
(4) The preservatives, preservatives, additives or other preparations used do not comply with relevant national standards and technical specifications;
(5) Operating ginseng and its products contaminated with toxic and hazardous packaging materials, containers, transportation vehicles, etc.;
(6) Ginseng and its products that have deteriorated or exceeded the shelf life;
(7) Processing and operating other ginseng and its products that do not meet the relevant quality and safety standards.
Article 26 Personnel participating in the work shall establish a quality file of ginseng products. The retention period of the ginseng product quality file shall be no less than three years after the product is sold.
The ginseng product quality file should include the following:
(1) The source, growth period, quantity and inspection report of the raw material ginseng;
(2) Product name, process flow and production quantity;
(3) the name, source, quantity, date and method of use of excipients, additives and other biological or chemical materials used;
(4) Product standards;
(5) Product processing and sales date, batch, inspection report, sales destination and quantity.
Article 27 Ginseng and its product operators shall establish a ginseng and its product management account. The retention period for ginseng and its product management ledgers shall be not less than two years after the product is sold.
Ginseng and its product management ledgers should include the following:
(1) Purchase bills, product name, type, source, quantity, price and date;
(2) Product inspection report or product certification; (3) Location and condition of storage;
(4) Sales notes, product name, type, destination, quantity, price and date.
Article 28 The promoters or sponsors of the ginseng and its product centralized trading market shall perform the following management obligations:
(1) Checking the qualifications of the operators;
(2) Establishing a file of the operator, recording the basic information of the operator, the main purchase channels, the type of business, the brand and the status of the supplier;
(3) Checking ginseng and its product inspection report or product certificate;
(4) Signing a quality and safety management responsibility agreement with the operator to clarify the management responsibility of the operator for the quality and safety of the ginseng and its products operated;
(5) Regularly inspecting the business operations and business files of the operators;
(6) Other ginseng and its product quality and safety management obligations that should be fulfilled.
If the promoter or sponsor of ginseng and its product centralized trading market finds that the operator has violated the law, it shall stop it in time, and immediately report the relevant situation to the administrative department for industry and commerce and the food and drug supervision and administration department of the jurisdiction.
Article 29 The processing and operation of bulk ginseng and its products shall indicate the name of the product, the date of manufacture, the expiration date, the name of the processor and the operator, and the contact information on the container or outer packaging of the bulk ginseng and its products.
Processing and operating pre-packaged ginseng and its products should have product label and product certification. Product labels should be marked with the following:
(1) Product name, specification, net content, consumption method, date of manufacture, shelf life;
(2) The name, address and contact information of the processor and operator;
(3) Product implementation standards; (4) Storage conditions;
(5) The common name of the additive used in the national standard;
(6) Other matters that should be specified in the laws and regulations or product standards.
Article 30 It is forbidden to process and operate counterfeit and inferior ginseng and its products.
In one of the following circumstances, it is a fake ginseng and its products:
(1) impersonating ginseng with non-ginseng;
(2) The type, variety, and place of production of ginseng are inconsistent with the label or logo;
(3) Bonding and splicing with other ginseng.
In one of the following circumstances, inferior ginseng and its products:
(1) Below the national or local quality standards; (2) Below the quality standard marked by the product; (3) Doping adulteration and shoddy filling.
Chapter V Inspection and Identification
Article 31 The ginseng planting and processing enterprises and farmers' professional cooperative economic organizations as well as the centralized trading market of ginseng and its products shall, on their own initiative or by entrusting ginseng inspection and appraisal institutions, to inspect the quality and safety of ginseng and its products.
Sales of ginseng and its products shall be subject to quality and safety inspections, except for the sale of individual farmers. If it does not meet the relevant quality and safety standards, it may not be sold.
Article 32 The relevant departments of the people's governments at or above the county level shall, in accordance with the division of responsibilities, conduct supervision and spot checks on the processed and operated ginseng and its products. Units and individuals that have been sampled shall cooperate. Supervised random inspection shall be entrusted to an inspection and appraisal institution with legal qualifications.
For sampling inspection, the sample to be taken shall be purchased without any inspection fee and any other fees.
The relevant departments of the people's governments at or above the county level shall regularly publish the brands, processing operators and other relevant information of the fake and shoddy ginseng and its products found in the supervision and spot check.
Article 33 Where the sales of ginseng and its products are marked with physical and chemical properties such as physical and chemical indicators and health indicators, it shall have the certificate of inspection and appraisal issued by the ginseng inspection and appraisal organization.
Article 34 The products that are sold with wild ginseng and ginseng shall comply with the standard requirements of GB/T18765 "Wild ginseng identification and grading quality" and GB/T22352 "Mountain ginseng identification and grading quality".
Article 35 The ginseng grower may entrust the ginseng inspection and appraisal agency to carry out quality and safety inspection and appraisal of the ginseng to be harvested before ginseng harvesting.
Article 36 The institutions and personnel engaged in the ginseng inspection and appraisal shall have the qualifications for practicing qualifications as stipulated by the State.
Article 37 The ginseng inspection and appraisal shall be carried out by the inspection and appraisal institution and the inspection appraisers.
Article 38 The quality and technical supervision department of the provincial people's government shall regularly announce the catalogue of institutions and personnel who have obtained the qualifications for ginseng inspection and appraisal according to law to the public.