The Legislative Affairs Office of the State Council publishes the full text of the Grain Law (draft for soliciting opinions).

Chinanews.com, Feb. 21-the Legislative Office of the State Council today published on its official website the full text of the Grain Law (draft for soliciting opinions) drafted by the National Development and Reform Commission, the State Grain Administration and relevant departments, aimed at promoting grain production, maintaining grain circulation order and ensuring national food security. The draft for soliciting opinions specifically states that no unit or individual may apply transgenic technology to major grain varieties without authorization. The full text is as follows:

Food Law (draft for soliciting opinions)

Chapter I General principles

Article 1 this Law is formulated with a view to promoting grain production, maintaining grain circulation order, ensuring effective grain supply, maintaining the sustainable development of grain industry and ensuring national food security.

Article 2 this Law shall apply to the production, circulation and consumption of grain within the territory of the people's Republic of China.

The term "grain" as mentioned in this Law refers to grain and its grain products, legumes and potatoes; grain circulation refers to the whole process of the transfer of grain from production to consumption, including purchasing, storage, transport, processing, wholesale, retail, import and export and other activities.

Article 3 Grain is a special commodity that has a bearing on the national economy and the people's livelihood. The State adheres to the principle of realizing basic self-sufficiency in grain at home, and implements a management system in which the market regulates grain production, circulation and consumption activities under macro-control, to maintain the basic balance between the total supply and demand of grain and the basic stability of prices.

Article 4 the State shall establish a food security system with stable supply, adequate reserves, strong regulation and control, efficient operation, quality and safety.

Article 5 Food security shall be subject to the system of responsible responsibility of the chief executive of the people's government at the provincial level under the macro-control of the state.

The people's governments at the provincial level shall be responsible for the production, circulation, reserve and market regulation of grain in the region, ensuring the supply of the grain market, maintaining the order of the grain market and ensuring the quality and safety of grain.

The State implements the system of assessment and accountability for food security, and the specific measures shall be formulated by the State Council.

Article 6 the development and reform department under the State Council shall be responsible for the balance and macro-control of the total amount of grain throughout the country, formulate the medium-and long-term plan for national grain security, study and put forward policy recommendations on grain production, circulation and consumption, formulate a total grain import and export plan and organize its implementation.

The state grain administrative department studies and puts forward suggestions on national grain macro-control, total balance, medium-and long-term planning for grain circulation and the development strategy of modern grain circulation industry, and is responsible for the industry management and guidance of grain circulation, organize the implementation of grain circulation policies and measures, undertake the specific work of macro-control of national grain circulation, administrative management of central grain reserves, grain circulation statistics, monitoring, early warning and emergency disposal.

The agricultural administrative department under the State Council is responsible for guiding grain production, organizing the implementation of policies and measures to promote the development of grain production, enhancing the comprehensive grain production capacity and raising the level of grain production.

Other departments under the State Council shall, within the scope of their respective functions and duties, be responsible for work related to food security.

Article 7 the grain administrative departments of the local people's governments at or above the county level shall be responsible for the industrial administration and guidance of grain circulation in their respective regions, manage local grain reserves, implement grain monitoring, early warning and emergency disposal, ensure grain supply and maintain market order.

Article 8 Grain industry organizations shall strengthen industry self-discipline and services and maintain the order of the grain market.

Chapter II Grain production

Article 9 the State shall strengthen the overall planning for the construction of grain production capacity, build stable commercial grain production bases, and timely develop reserve production areas with advantages in resources and potential for increasing production on the premise of ecological protection.

The people's governments at or above the county level shall distribute grain production according to the conditions of ecology, water resources, agroclimatic resources and relevant state plans.

Article 10 the State implements the strictest cultivated land protection system and water resources management system, and establishes and improves the target responsibility system for the protection of cultivated land and water resources.

People's governments at all levels shall take measures such as establishing a basic farmland protection fund system and a cultivated land protection compensation system to ensure the amount of cultivated land and basic farmland determined by the state, stabilize the sown area of grain, strengthen the protection and management of water resources, develop water-saving agriculture, and improve water security capacity and use efficiency in grain production.

Article 11 people's governments at all levels shall strengthen the construction of agricultural infrastructure such as irrigation and water conservancy, transform medium-and low-yield fields, build high-standard farmland for ensuring harvest by drought and waterlogging, and improve grain production conditions.

Article 12 the State protects the germplasm resources of grain crops and supports the breeding, production, renewal and popularization of improved varieties.

The scientific research, testing, production, sale, import and export of genetically modified grain seeds shall comply with the relevant provisions of the State. No unit or individual may apply transgenic technology to major grain varieties without authorization.

Article 13 the relevant departments of the people's governments at or above the county level shall strengthen the monitoring of the quality of atmosphere, soil and irrigation water in grain producing areas.

Units and individuals that cause pollution to the grain production environment shall take timely measures to control and repair them.

Article 14 the State shall strengthen the construction of systems for disaster prevention and mitigation of grain production, such as flood control and drought resistance, prevention and control of pests and diseases and insect pests, and prevention of agrometeorological disasters.

Article 15 the State encourages and supports the research, innovation, protection and application of grain production technologies so as to improve the level and quality of grain yield per unit area.

Article 16 the State encourages and supports the development, production and use of safe, efficient, environmentally friendly and economical pesticides, fertilizers, agricultural films and advanced, energy-saving and applicable agricultural machinery.

Article 17 the State shall establish a grain production support system, increase support in terms of capital investment, industrial policy and development planning, and focus on supporting major grain producing areas and counties to develop grain production and raise the level of economic and social development.

Major grain producing areas and major grain producing counties should actively develop grain production and maintain a certain grain transfer rate. The balanced production and marketing areas and the main marketing areas shall stabilize and improve the level of grain self-sufficiency in the region.

Article 18 the State shall establish and improve the system of subsidies and incentives for grain production and price support for key areas and key grain varieties, support specialized grain-growing households to develop grain production, and protect the enthusiasm of grain producers in growing grain.

The state guides and encourages moderate scale grain production.

Chapter III Grain Circulation and processing

Article 19 the State fosters and develops a unified, open, competitive and orderly grain circulation system, and strictly prohibits regional blockades of grain circulation. The state establishes a unified and standardized grain bidding trading system, strengthens the construction of grain purchase, wholesale and retail markets, and standardizes the development of grain futures trading.

Article 20 operators engaged in grain purchase activities other than potatoes shall meet the following conditions and, after obtaining the permission of the grain administrative department, register with the administrative department for industry and commerce:

(1) having the necessary operating funds

(2) to have the necessary grain storage facilities

(3) having the corresponding ability of grain quality inspection and safekeeping

(4) good management and reputation, and no record of illegal operation.

The state implements the annual examination system of grain purchase qualifications.

Article 21 operators engaged in grain purchase activities shall implement the state grain purchase policy, quality and safety standards and grain purchase voucher system, and shall not harm the legitimate rights and interests of grain producers and the interests of the state.

The voucher system for grain purchase shall be formulated by the state grain administrative department in conjunction with relevant departments.

Article 22 operators engaged in grain storage activities shall meet the following conditions and report to the local grain administrative department for the record:

(1) to have a fixed business site

(2) having facilities and equipment suitable for storage activities

(3) having qualified grain inspection, safekeeping and other technical personnel.

The provisions of the preceding paragraph shall not apply to potatoes and grain producers engaged in storage activities for their own use or for sale.

Article 23 Grain operators engaged in grain storage activities shall implement the national grain storage standards and technical norms to ensure the quality and safety of stored grain.

Article 24 the State shall guide the rational processing of grain and the comprehensive utilization of by-products so as to improve the rate of grain processing and the utilization rate of resources. On the basis of ensuring the safety of the supply of rations, feed grains and seed grains, we should appropriately develop food processing with grain as raw materials.

The state implements the approval system for the new construction or expansion of grain deep processing projects with corn, wheat and rice as raw materials; according to the needs of macro-control, the scale of grain consumption of grain deep processing enterprises can be restricted.

Article 25 operators engaged in grain processing activities shall obtain a production license from the quality supervision department in accordance with the law. Before issuing a production license, the quality supervision department shall obtain the consent of the grain administrative department at the same level.

Grain administrative departments shall assess food security from the aspects of industrial layout, raw grain supply, processing scale and rational utilization of grain resources.

Article 26 operators engaged in grain processing activities shall not commit the following acts:

(1) to use moldy and deteriorated raw grain for processing

(2) using raw grains with excessive pollutants such as pesticide residues, mycotoxins and heavy metals for processing

(3) use additives in violation of regulations

(4) other acts that affect the quality of grain.

Article 27 operators engaged in grain purchase, wholesale and retail activities shall not commit the following acts:

(1) fabricating and spreading false information to disrupt market order

(2) colluding with each other to manipulate market prices

(3) malicious hoarding to drive up prices

(4) to raise or lower prices in disguise by means of raising or lowering grades.

(5) short cuts, adulteration and inferior quality

(6) monopolizing the market or engaging in unfair competition

(7) other acts in violation of state regulations.

Article 28 Grain means of transport and packaging materials shall comply with national standards and technical specifications, and shall not use contaminated means of transport or packaging materials to transport or package grain.

Article 29 the State shall exercise quota administration over the import and export of grain, and the specific measures shall be formulated by the development and reform department under the State Council in conjunction with the relevant departments.

Article 30 people's governments at all levels shall strengthen the planning of infrastructure for grain circulation, rationally distribute and scientifically manage grain warehousing, logistics, markets and other facilities. The construction of grain circulation facilities shall conform to the construction standards and technical specifications of grain projects.

Facilities such as grain warehousing, logistics and markets built with government funds shall not be disposed of or changed without the approval of the state or provincial grain administrative departments.

Article 31 Grain operators engaged in grain purchase, storage, processing and sale, as well as feed and industrial grain enterprises shall set up grain operation accounts and submit true and complete data and information to the local grain administrative departments in accordance with the provisions.