(2) The remnant of chemical substance such as pesticide and veterinary drug or the contained poisonous and harmful substance such as heavy metal, etc. does not comply with the agricultural product quality safety criteria;
(3) The contained pathogenic parasites, microorganisms or biological toxin does not conform to the agricultural product quality safety criteria;
(4) The material in use such as preservative, antiseptic or additive, etc. does not conform to the relative compulsory technical norms of the state; or
(5) Other circumstances under which it does not conform to the agricultural product quality safety criteria.
Article 34 The state sets up an agricultural product quality safety monitoring system. The administrative department of agriculture of the people's government at the county level or above shall, in accordance with the requirements for guaranteeing the agricultural product quality safety, make an plan of monitoring the agricultural product quality safety, organize the implementation thereof and supervise and make a random inspection on the agricultural products under production or on sale in the market. The administrative department of agriculture of the State Council or the administrative department of agriculture of the people's government of each province, autonomous region or municipality directly under the Central Government shall make public the results according to its legal authority.
For a supervisory test on a random inspection, the department concerned shall entrust an agricultural product quality safety test institution that meets the conditions in Article 35 of the present Law, but shall not charge any fee from the party to be tested. The number of the samples shall not exceed the quantity prescribed by the administrative department of agriculture of the State Council. For the agricultural products which are subject to supervision of the administrative departments of agriculture at higher levels by sampling, the administrative departments of agriculture at lower levels shall not make an sampling again.
Article 35 For the agricultural product quality safety test, the existing qualified test institutions shall be given full consideration.
An institution engaging in agricultural product quality safety test must possess commensurate conditions and capacities for test and shall be qualified and pass the assessment of the administrative department of agriculture of the people's government at the provincial level or above or its authorized department. The detailed measures shall be instituted by the administrative department of agriculture of the State Council.
An agricultural product quality safety test institution shall be found qualified from metrological certification in accordance with law.
Article 36 Where a producer or seller of agricultural products has any objection to the result of random inspection, it may, within five days as of the receipt of the test result, submit an application to the administrative department of agriculture that organizes the implementation of the random inspection on agricultural product quality safety or to the administrative departments of agriculture at higher levels for a re-test.
When the speedy test method ascertained by the administrative department of agriculture of the State Council together with the relevant departments is adopted for the random inspection on agricultural product quality safety, if the party that is tested has any objection to the test result, it may, within four hours as of the receipt of the test result, submit an application for a re-test. The re-test shall not be carried out in a speedy method.
If the testing institution causes any damages to the party concerned because of a wrong test result, it shall undertake liabilities for compensation in light of the law.
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