The Legislative Affairs Office of the State Council publishes the full text of the draft Grain Law for public comment
China News Service, February 21 (Xinhua) - The Legislative Affairs Office of the State Council today published on its official website the full text of the "Grain Law (Draft for Public Comment)" drafted by the National Development and Reform Commission and the National Grain Administration together with relevant departments, aimed at promoting grain production, maintaining grain circulation order, and safeguarding national food security. The draft for public comment specifically proposes that no unit or individual may arbitrarily apply genetically modified technology to major grain varieties. The full text is as follows:
Grain Law (Draft for Public Comment)
Chapter I General Provisions
Article 1 This Law is enacted to promote grain production, maintain grain circulation order, ensure effective grain supply, maintain the sustainable development of the grain industry, and safeguard national food security.
Article 2 This Law applies to grain production, circulation and consumption activities within the territory of the People's Republic of China.
For the purposes of this Law, grain refers to cereals and their finished grain products, beans and tubers; grain circulation refers to the entire process of grain moving from the production sector to the consumption sector, including purchasing, storage, transport, processing, wholesale, retail, import and export, and other activities.
Article 3 Grain is a special commodity that affects the national economy and people's livelihood. The state adheres to the principle of basically achieving grain self-sufficiency based on domestic production. The state implements a management system in which market forces regulate grain production, circulation and consumption activities under macro-control, maintaining a basic balance between total grain supply and demand nationwide and basic price stability.
Article 4 The state establishes a food security safeguard system featuring stable supply, sufficient reserves, strong regulation, efficient operation and quality safety.
Article 5 Food security shall be subject to the administrative head responsibility system of provincial-level people's governments under state macro-control.
Provincial-level people's governments are responsible for grain production, circulation, reserves and market regulation in their regions, ensuring grain market supply, maintaining grain market order, and safeguarding grain quality and safety.
The state implements a food security assessment and accountability system, the specific measures for which shall be formulated by the State Council.
Article 6 The development and reform department of the State Council is responsible for nationwide grain aggregate balance and macro-control, compiling the national medium- and long-term food security plan, studying and proposing policy recommendations on grain production, circulation and consumption, and drafting and organizing the implementation of the total grain import and export plan.
The national grain administrative department studies and proposes recommendations on national grain macro-control, aggregate balance, medium- and long-term grain circulation plans, and the development strategy of the modern grain circulation industry; is responsible for industry management and guidance of grain circulation; organizes the implementation of grain circulation policies and measures; and undertakes the specific work of national grain circulation macro-control, the administrative management of central grain reserves, grain circulation statistics, monitoring and early warning, and emergency response.
The agriculture administrative department of the State Council is responsible for guiding grain production, organizing the implementation of policies and measures to promote grain production development, enhancing comprehensive grain production capacity, and raising the level of grain production.
Other departments of the State Council are responsible for work related to food security within the scope of their respective duties.
Article 7 The grain administrative departments of local people's governments at or above the county level are responsible for industry management and guidance of grain circulation in their regions, managing local grain reserves, implementing grain monitoring and early warning and emergency response, ensuring grain supply, and maintaining market order.
Article 8 Grain industry organizations shall strengthen industry self-discipline and services, and maintain grain market order.
Chapter II Grain Production
Article 9 The state strengthens overall planning for the development of grain production capacity, builds stable commercial grain production bases, and, on the premise of protecting the ecology, develops in due course reserve production areas with resource advantages and yield-increasing potential.
People's governments at or above the county level shall arrange grain production according to ecological, water resource and agro-climatic resource conditions, relevant state plans, and other factors.
Article 10 The state implements the strictest farmland protection system and water resource management system, and establishes and improves a target responsibility system for farmland and water resource protection.
People's governments at all levels shall adopt measures such as establishing a basic farmland protection fund system and a farmland protection compensation system to ensure the farmland retention volume and basic farmland quantity determined by the state and stabilize the grain sown area; strengthen water resource protection and management, develop water-saving agriculture, and improve the capacity to guarantee and the efficiency of water use for grain production.
Article 11 People's governments at all levels shall strengthen agricultural infrastructure construction such as farmland water conservancy, upgrade medium- and low-yield farmland, build high-standard farmland that gives stable yields despite drought or excessive rain, and improve grain production conditions.
Article 12 The state protects grain crop germplasm resources and supports the selection, breeding, production, renewal and promotion of improved varieties.
The research, testing, production, sale, import and export of genetically modified grain seeds shall comply with relevant state regulations. No unit or individual may arbitrarily apply genetically modified technology to major grain varieties.
Article 13 Relevant departments of people's governments at or above the county level shall strengthen monitoring of the quality of air, soil and irrigation water in grain production areas.
Units and individuals that pollute the grain production environment shall promptly take measures for treatment and remediation.
Article 14 The state strengthens the construction of disaster prevention and mitigation systems for grain production, including flood control and drought relief, prevention and control of harmful organisms, diseases and insect pests, and defense against agrometeorological disasters.
Article 15 The state encourages and supports the research, innovation, protection and application of grain production technology, and improves the per-unit yield level and quality of grain.
Article 16 The state encourages and supports the development, production and use of safe, efficient, environmentally friendly and economical pesticides, fertilizers and agricultural films, as well as advanced, energy-saving and suitable agricultural machinery.
Article 17 The state establishes a grain production support system, increasing support in capital investment, industrial policy and development planning, with priority support for major grain-producing areas and major grain-producing counties to develop grain production and raise their economic and social development levels.
Major grain-producing areas and major grain-producing counties shall actively develop grain production and maintain a certain grain transfer-out rate. Areas with balanced production and sales and major sales areas shall stabilize and raise their regional grain self-sufficiency levels.
Article 18 The state establishes and improves a system of grain production subsidies, rewards and price support for key areas and key grain varieties, supports specialized grain-growing households in developing grain production, and protects grain producers' enthusiasm for growing grain.
The state guides and encourages appropriately scaled grain production.
Chapter III Grain Circulation and Processing
Article 19 The state cultivates and develops a unified, open and orderly competitive grain circulation system, and strictly prohibits regional blockade in grain circulation. The state establishes a nationally unified and standardized grain bidding trading system, strengthens the development of grain purchasing, wholesale and retail markets, and standardizes the development of grain futures trading.
Article 20 Operators engaged in grain purchasing activities other than tubers shall meet the following conditions, obtain a permit from the grain administrative department, and then register with the administrative department for industry and commerce:
(1) possess the necessary operating funds;
(2) possess the necessary grain storage facilities;
(3) possess the corresponding grain quality inspection and preservation capabilities;
(4) have good business management and reputation, and no record of illegal business operations.
The state implements an annual review system for grain purchasing qualifications.
Article 21 Operators engaged in grain purchasing activities shall implement state grain purchasing policies, quality and safety standards and the grain purchasing voucher system, and shall not harm the lawful rights and interests of grain producers or the interests of the state.
The grain purchasing voucher system shall be formulated by the national grain administrative department together with relevant departments.
Article 22 Operators engaged in grain storage activities shall meet the following conditions and file a record with the local grain administrative department:
(1) possess a fixed business site;
(2) possess facilities and equipment appropriate to the storage activities;
(3) possess qualified technical personnel for grain inspection, preservation, and other tasks.
The preceding paragraph does not apply to tubers, or to grain producers engaged in storage activities for their own use or for goods awaiting sale.
Article 23 Grain operators engaged in grain storage activities shall implement state grain storage standards and technical specifications to ensure the quality and safety of stored grain.
Article 24 The state guides the rational processing of grain and the comprehensive utilization of by-products, and improves the grain processing yield and resource utilization rate. On the basis of ensuring the safe supply of grain for food rations, feed grain and seed grain, the state appropriately develops food processing using grain as a raw material.
The state implements an approval system for new or expanded grain deep-processing projects using corn, wheat or paddy rice as raw materials; according to macro-control needs, it may limit the grain use scale of grain deep-processing enterprises.
Article 25 Operators engaged in grain processing activities shall obtain a production license from the quality supervision department in accordance with law. Before the quality supervision department issues a production license, it shall obtain the consent of the grain administrative department at the same level.
The grain administrative department shall conduct food security assessments from the aspects of industrial layout, raw grain supply, processing scale and rational use of grain resources.
Article 26 Operators engaged in grain processing activities shall not commit the following acts:
(1) using moldy or deteriorated raw grain for processing;
(2) using raw grain with excessive pesticide residues, fungal toxins, heavy metals or other pollutants for processing;
(3) using additives in violation of regulations;
(4) other acts affecting grain quality.
Article 27 Operators engaged in grain purchasing, wholesale and retail activities shall not commit the following acts:
(1) fabricating or spreading false information to disrupt market order;
(2) colluding with each other to manipulate market prices;
(3) maliciously hoarding to drive up prices;
(4) using means such as raising or lowering grades to indirectly raise or lower prices;
(5) giving short weight or short measure, adulterating or passing off inferior goods as good ones;
(6) monopolizing the market or engaging in unfair competition;
(7) other acts in violation of state regulations.
Article 28 Grain transport vehicles and packaging materials shall comply with national standards and technical specifications. Polluted transport vehicles or packaging materials shall not be used to transport or package grain.
Article 29 The state implements quota management for grain import and export, and the specific measures shall be formulated by the development and reform department of the State Council together with relevant departments.
Article 30 People's governments at all levels shall strengthen planning for grain circulation infrastructure and rationally arrange and scientifically manage facilities such as grain storage, logistics and markets. The construction of grain circulation facilities shall comply with grain engineering construction standards and technical specifications.
Facilities such as grain storage, logistics and markets built with government funds shall not be arbitrarily disposed of or have their purposes changed without approval from the national or provincial-level grain administrative department.
Article 31 Grain operators engaged in grain purchasing, storage, processing and sales activities, as well as feed and industrial grain-using enterprises, shall establish grain business ledgers and submit true and complete data and information to the local grain administrative department as required.