Typical cases of procuratorial public interest litigation services for agricultural product quality and safety in 2020
By: Date: 2021-03-09 Categories: chinesefood Tags: ,
  Editor’s note:Recently, the Supreme People’s Procuratorate released the 2020 procuratorial public interest litigation strategy to serve rural revitalization and help win the battle against poverty. In terms of ensuring the quality of edible agricultural products and guarding the safety of the people’s tongue, the Supreme People’s Procuratorate organized national prosecutors to carry out special supervision activities on”public interest litigation to protect a better life”, taking the “online and offline” sales of edible agricultural products and food that do not meet safety standards as a problem. One of the six priorities is to promote relevant departments to deepen source governance, and publish typical cases of public welfare litigation prosecution services for rural revitalization and poverty alleviation. We selected two typical cases of agricultural product quality and safety, and issued them in the form of a newsletter. Agricultural and rural departments at all levels should take a lesson and learn from one another, and further implement the spirit of the”Four Strict” instructions of General Secretary Jin Ping, dare to be tough, dare to overcome difficulties, and ensure that the”last mile” of agricultural product quality and safety supervision is implemented. .
  1. The People’s Procuratorate of Suzhou District, Jiuquan City, Gansu Province supervises and protects the quality and safety of pollution-free vegetables. An administrative public interest litigation case
  (一)Keywords
  Procedures before administrative public interest litigation Gobi ecological agriculture agricultural product quality industry norms
  (2) Gist
  In view of the quality problems of agricultural products, the procuratorial organs play the role of public interest litigation procuratorial function, accurately grasp the fit point of performing duties according to law and serving the overall situation, take the regional characteristic industry Gobi agriculture as the focus of supervision, and urge multiple administrative agencies to perform their supervisory duties in coordination. Promote the standardized development of Gobi ecological agriculture.
  (3) Basic case
   Suzhou District, Jiuquan City, Gansu Province is the country’s largest Gobi solar greenhouse base and a demonstration area for soilless cultivation of organic vegetables. Four Gobi Ecological Agriculture Demonstration Parks, Dongdong, Zongzhai, Yinda, and Xidong, have been built in the region. The solar greenhouse covers an area of ​​26,300 mu, forming a large-scale pollution-free vegetable production base. As the park’s inspection center and agricultural product quality and safety traceability points have not been fully covered, there are problems such as incomplete traceability systems and low detection efficiency, and there are hidden dangers in agricultural product quality and safety. Due to the lack of effective supervision, the problem of re-flowing to the market after the delisting of vegetables due to pesticide residues exceeds the standard has jeopardized the health of the people and harmed the public interests of the society.
  (4) Investigate and supervise the performance of duties
   In March 2019, the People’s Procuratorate of Suzhou District, Jiuquan City, Gansu Province (hereinafter referred to as the Suzhou District Court) discovered clues to the case and filed an investigation while performing its duties. The case-handling team found through in-depth park visits and investigations, forums and exchanges, and access to materials, etc., that the four Gobi ecological agricultural parks’ agricultural products quality inspection supporting facilities, inspection efficiency, traceability system, vegetable tail vegetable disposal, etc. cannot meet the large-scale development of Gobi ecological agriculture. . The district agriculture and rural bureaus do not perform their duties in the supervision of the quality and safety of agricultural products, and there are hidden dangers in the quality and safety of agricultural products in the park.
   On March 28, 2019, the Suzhou District Court held a public announcement service meeting for procuratorial recommendations in Gobi Park, Zongzhai Town, and issued pre-procurement recommendations for administrative public interest litigation to the District Agriculture and Rural Bureau. Supervise the bureau to perform its duties in accordance with the law, strengthen the supervision of the quality and safety of agricultural products in the Gobi Park and the entire region, improve the quality and safety of agricultural products, and improve the quality and traceability system of agricultural products. At the same time, procuratorial recommendations were issued to the villages and towns in the Gobi Park and 12 villages and towns with larger crop planting areas, and cooperated with the Agricultural and Rural Bureau to jointly monitor the quality and safety of agricultural products.
   After receiving the procuratorial suggestion, the Agriculture and Rural Bureau of Suzhou District deployed the”Special Activities to Improve the Quality of Agricultural Products”, formulated the”Implementation Plan for Routine Inspection of Agricultural Product Quality and Safety”, improved relevant work systems, and signed agricultural product targets with 15 towns in the jurisdiction Responsibility. Each township has formulated and improved 44 agricultural product quality and safety supervision work systems, signed 68 target responsibility letters with village committees, and signed 73 letters of commitment with enterprises and cooperatives. The four parks have established agricultural product quality traceability points, 8 new agricultural product testing and traceability points have been added, agricultural product quality supervision and management stations have been established in 15 towns, and agricultural product quality testing rooms have been established, equipped with 45 full-time inspection and supervisory personnel, and 81 administrative villages. Village-level agricultural product quality and safety supervisors, 47 administrative villages are equipped with pesticide residue rapid measuring instruments and other equipment, and inspectors are trained. Since the inspection recommendation was issued to the date of response, the inspection station carried out more than 1,800 pesticide residue inspections on farmers’ self-produced and market market vegetables, and the inspection results were all within the qualified range.
   After the completion of the case, the Suzhou District Court took the lead in formulating the Measures for the Supervision and Administration of Public Welfare Protection of the Gobi Agricultural Eco-Industrial Park, and the United District Ecological Environment Bureau and other eight departments signed the “Regarding the use of inspection resources in the construction of Gobi ecological agriculture”. The”Cooperative Mechanism for Public Welfare Protection and Green Development” will normalize, standardize and institutionalize this work. At the same time, the”Implementation Opinions on Using Procuratorial Resources to Strengthen Public Welfare Protection and Promoting Green Development in the Construction of Gobi Ecological Agriculture” was issued to determine five service measures. The district party committee and government fully affirmed the opinion, and issued it to the whole district, implemented the edible agricultural product certification system, established the Suzhou District edible agricultural product certification database, and effectively prevented the sale of unqualified agricultural products.
  (5) Typical Significance
   Accelerating the improvement of agricultural product quality and food safety standards and supervision system is an important measure to ensure agricultural product quality and safety and realize agricultural modernization. The Suzhou District Court takes the ecological protection of the Gobi Agricultural Park and the supervision of the quality and safety of agricultural products as the entry point, and fully mobilizes the enthusiasm and initiative of various functional departments to perform their duties through public announcements and procuratorial recommendations, holding work promotion meetings, and establishing working mechanisms. To maximize the protection of the quality and safety of pollution-free vegetables, and to provide legal protection for the healthy development of Gobi’s ecological agriculture.
   2. The People’s Procuratorate of Cili County, Hunan Province supervised the administrative public interest litigation case of protecting the quality and safety of edible agricultural products
  (一)Keywords
  Procedures before administrative public interest litigation, edible agricultural product safety, agricultural input product use record system, agricultural product quality and safety inspection
  (2) Gist
   In response to the failure of farmers’ professional cooperative economic organizations to implement the agricultural input product use record system and agricultural product quality inspection system, the procuratorial organ urges the agricultural administrative department to perform their duties in accordance with the law, eliminate the hidden dangers of edible agricultural products, and plug management loopholes.
  (3) Basic case
   12 specialized farmer cooperatives in Cili County, Zhangjiajie City, Hunan Province used agricultural inputs such as pesticides and fertilizers in the process of planting crops, but did not truthfully record the name, source, usage, dosage and use of the agricultural inputs they used , The date of suspension, etc., the production of agricultural products has not been tested for the quality and safety of agricultural products in accordance with the law before sales, resulting in potential safety hazards for edible agricultural products.
  (4) Investigate and supervise the performance of duties
   At the beginning of 2019, Zhangjiajie Municipal People’s Congress representatives reported to the procuratorial organ the quality and safety of the city’s farmers’ professional cooperatives that put agricultural products on the market without testing. The People’s Procuratorate of Cili County (hereinafter referred to as Cili County Court) decided to file a case for investigation on April 24, 2019, and determined that the chief prosecutor of the court will serve as the lead prosecutor. The case handling team conducted a comprehensive investigation of the agricultural inputs and edible agricultural products of 130 farmer cooperatives in 15 towns across the county before entering the market. The key investigation contents include:whether the production records of agricultural products have been established; whether the ledger accurately records the names, sources, usage, dosage, use, and deactivation dates of agricultural inputs such as pesticides and fertilizers; whether the agricultural inputs are used reasonably in accordance with the law And the implementation of the safety interval and the drug withdrawal period; whether the agricultural inputs that are explicitly prohibited by the state are used; whether the quality of the edible agricultural products is tested before the sale. After investigation, it was found that 12 farmer cooperatives did not establish agricultural production records, record the use of agricultural inputs, and conduct agricultural product quality inspections before sales in accordance with the”Agricultural Products Quality and Safety Law of the People’s Republic of China” and the”Food Safety Law of the People’s Republic of China” , Resulting in the hidden dangers of quality and safety of agricultural products flowing into the market. On July 4, 2019, the Cili County Court issued a procuratorial recommendation to the Cili County Agriculture and Rural Bureau, recommending that the bureau perform its duties in the supervision and management of agricultural product quality and safety in accordance with the law, and deal with 12 professional farmer cooperatives in accordance with the law.
   After receiving the procuratorial advice, the Cili County Agriculture and Rural Bureau attached great importance to it and issued a notice of ordering corrections to 12 farmers’ professional cooperatives. At the same time, to do a good job in the supervision of the county’s agricultural product quality and safety, specific measures have been taken in four aspects:strengthening organization and leadership, strengthening cooperation, increasing sampling testing, and strengthening system construction. The bureau responded in writing to its performance of duties on August 8, 2019. The Cili County Court confirmed through a”look back” verification that all 12 specialized farmer cooperatives have perfected the production record files of agricultural products and truthfully recorded the entire process of the purchase and use of agricultural inputs, and all the issues raised by the inspection recommendations have been rectified.
  (5) Typical Significance
   Promoting agricultural production and operation enterprises to take the path of green and healthy development is an important driving force for rural revitalization. In this case, the procuratorial organ implemented the”four strictest” requirements for food safety, gave full play to the prosecution function of public interest litigation, supervised and protected the quality and safety of edible agricultural products, and responded to the needs of the people. On the one hand, it effectively urges the agricultural authorities to strictly enforce the law, consolidate responsibilities, establish rules and regulations, and plug management loopholes from the source; on the other hand, guide farmers’ professional cooperatives to fully understand the importance of agricultural production records and inspections to food safety, and produce and operate in accordance with the law. The first security gate for edible agricultural products to flow into the market from the source is to protect the safety of the people’s”rice bags, vegetable baskets, and dining tables”.