Article 44 If an agricultural product quality safety test institution forges a test result, it shall be ordered to make correction. Its illegal proceeds shall be confiscated and in addition, it shall be charged a fine not less than 50,000 yuan and not more than 100,000 yuan. The person-in-charge directly responsible and other persons held direct liabilities shall be charged a fine not less than 10,000 yuan and not more than 50,000 yuan respectively. If the circumstances are serious, its test qualification shall be revoked. If it causes any damages, it shall undertake liabilities for compensation in light of the law.
If an agricultural product quality safety test institution issues an untrue test result and causes any damages, it shall undertake liabilities for compensation in light of the law; if it causes any heavy damages, its test qualification shall be revoked in addition.
Article 45 Whoever violates laws or regulations by discharging or dumping waste water, waste gas, solid wastes or other poisonous and harmful substances to a producing area of agricultural products shall be penalized in light of the relative environmental protection laws and regulations; if he causes any damage, he shall undertake liabilities for compensation in light of the law.
Article 46 Whoever violates laws, administrative regulations or any provisions of the administrative department of agriculture of the State Council in using agricultural input products shall be penalized in light of the relative laws and administrative regulations.
Article 47 If an enterprise engaging in agricultural production or a professional farmers cooperative economic organization fails to establish or preserve records on agricultural production according to related provisions, or forges records on agricultural production, it shall be ordered to make correction within a time limit; if it fails to make correction within the time limit, it may be fined not more than 2,000 yuan.
Article 48 Whoever violates the provisions prescribed in Article 28 of the present Law by failing to follow the provisions to pack or mark the agricultural products for sale shall be ordered to make correction within a time limit; if he fails to make correction within the time limit, he may be fined not more than 2,000 yuan.
Article 49 If any of the circumstances under Item (4) of Article 33 of the present Law arises and the material in use such as the preservative, antiseptic or additive, etc. does not comply with the relevant compulsory technical norms of the state, the party concerned shall be ordered to stop selling the agricultural products and shall make innocuous treatment of the polluted agricultural products. If no innocuous treatment can be made, the agricultural products shall be destroyed under supervision; at the same time, his illegal income shall be confiscated and he shall be fined not less than 2,000 yuan and not more than 20,000 yuan, in addition.
Article 50 If agricultural products sold by an enterprise engaging in agricultural production or a professional farmers cooperative economic organization are under any of the circumstances listed in Items (1) through (3) or Item (5) of Article 33 of the present Law, the said entity shall be ordered to stop selling the products, replevy the sold agricultural products and make innocuous treatment over or destroy the illegally sold agricultural products under supervision; at the same time, its illegal income shall be confiscated and it shall be fined not less than 2,000 yuan and not more than 20,000 yuan, in addition.
If agricultural products sold by an enterprise engaging in sale of agricultural products are under any of the circumstances enumerated in the preceding paragraph, the said enterprise shall be punished in light of the preceding paragraph.
If on-sale agricultural products in an agricultural product wholesale market are under any of the circumstances listed in Paragraph 1 of this article, the agricultural products on illegal sale shall be dealt with in light of Paragraph 1 and the seller of the agricultural products shall be penalized in light of Paragraph 1.
If an agricultural product wholesale market violates Paragraph 1 of Article 37 of the present Law, it shall be ordered to make correction and be fined not less than 2,000 yuan and not more than 20,000 yuan.
|