Regulations on safety supervision and administrati

Regulations on the safety supervision and administration of agricultural machinery No. 563 regulations on the safety supervision and administration of agricultural machinery, which was adopted at the 80th executive meeting of the State Council on September 7, 2009, is hereby promulgated and shall enter into force as of November 1, 2009

Premier Wen Jiabao

September 17, 2009

Chapter I General Provisions

Article 1 in order to strengthen the safety supervision and management of agricultural machinery, prevent and reduce agricultural machinery accidents, and ensure the safety of people's lives and property, these Regulations are formulated

Article 2 These Regulations shall be observed in the production, sale, maintenance, use, operation, safety supervision and administration of agricultural machinery within the territory of the people's Republic of China

the agricultural machinery mentioned in these Regulations refers to the machinery and equipment used in agricultural production and the preliminary processing of its products and other related agricultural activities

Article 3 the safety supervision and administration of agricultural machinery shall follow the principles of putting people first, preventing accidents, ensuring safety and promoting development

Article 4 people's governments at or above the county level should strengthen their leadership over the safety supervision and administration of agricultural machinery, improve the safety supervision and administration system of agricultural machinery, increase subsidies for farmers to purchase agricultural machinery, ensure financial investment in the safety of agricultural machinery, and establish and improve the safe production system of agricultural machinery

Article 5 relevant departments of the State Council, local people's governments at all levels and relevant departments shall strengthen the publicity and education of laws, regulations, standards and knowledge on the safety of agricultural machinery

agricultural production and operation organizations and agricultural machinery owners should educate agricultural machinery operators and related personnel on the safe use of agricultural machinery and improve their safety awareness

Article 6 the State encourages and supports the development, production, popularization and application of advanced, applicable, safe, reliable, energy-saving and environmental friendly agricultural machinery, and establishes and improves the safety technical standards and safety operation procedures of agricultural machinery

Article 7 the State encourages agricultural machinery operators and maintenance technicians to participate in vocational skills training and establish safety mutual aid organizations according to law to improve the safe operation level of agricultural machinery

Article 8 the state establishes the elimination system of backward agricultural machinery and the scrapping system of agricultural machinery that endangers the safety of people and property, and recycles the eliminated and scrapped agricultural machinery according to law

Article 9 the relevant departments under the State Council, such as the Department in charge of agricultural mechanization, the Department in charge of industry, the quality supervision department and the administrative department for Industry and commerce, shall be responsible for the supervision and administration of the safety of agricultural machinery in accordance with these regulations and the duties prescribed by the State Council

the competent departments of agricultural mechanization and industry of the local people's governments at or above the county level, as well as the local quality supervision departments and the administrative departments for Industry and commerce at or above the county level are responsible for the safety supervision and administration of agricultural machinery in their respective administrative areas according to their respective responsibilities

Article 10 the competent industrial department of the State Council is responsible for formulating and organizing the implementation of industrial policies and relevant plans for the agricultural machinery industry

the standardization department of the State Council is responsible for formulating and issuing national standards for safety technology of agricultural machinery, and revising them in time according to the actual situation. The safety technical standard of agricultural machinery is a compulsory standard

Article 11 agricultural machinery producers shall organize production in accordance with the industrial policies and relevant plans of agricultural machinery industry and the safety technical standards of agricultural machinery, and establish and improve the quality assurance and control system

for agricultural machinery that is subject to the production license management of industrial products according to law, its producers should obtain corresponding qualifications and organize production according to the scope and conditions of the license

Article 12 agricultural machinery producers shall inspect their agricultural machinery in accordance with the technical standards for safety of agricultural machinery; Agricultural machinery can only be sold out of the factory after passing the inspection and attached with detailed safety operation instructions and safety warning signs; Agricultural machinery that must be certified according to law shall be marked with certification marks before leaving the factory

tractors running on roads that must be certified according to law should be marked with certification marks before leaving the factory and meet the national safety technical standards for motor vehicles

agricultural machinery producers should establish a product delivery record system to truthfully record the name, specification, quantity, production date, production batch number, inspection certificate number, buyer's name and contact information, sales date and other contents of agricultural machinery. The storage period of ex factory records shall not be less than 3 years

Article 13 the imported agricultural machinery shall meet the safety technical standards of China's agricultural machinery and pass the inspection by the entry-exit inspection and quarantine institution according to law. Agricultural machinery that must be certified according to law shall also be subject to entry verification by the entry-exit inspection and quarantine institution

Article 14 the seller of agricultural machinery shall inspect the product qualification certificate of the purchased agricultural machinery. For agricultural machinery that is subject to the administration of production licenses for industrial products according to law and must be certified according to law, the corresponding supporting documents or marks shall also be verified

the seller of agricultural machinery shall establish a sales record system to truthfully record the name, specification, production batch number, supplier name and contact information, sales flow and other contents of agricultural machinery. The retention period of sales records shall not be less than 3 years

the seller of agricultural machinery shall explain the operation methods and safety precautions of agricultural machinery to the buyer, and issue sales invoices according to law

Article 15 producers and sellers of agricultural machinery shall establish and improve the sales service system of agricultural machinery and undertake the product quality according to law

Article 16 if the producers and sellers of agricultural machinery find that the agricultural machinery they produce and sell has defects in design, manufacturing and so on, which may cause damage to the safety of people and property, they shall immediately stop production and sales, report to the local quality supervision department and the administrative department for Industry and Commerce in a timely manner, and notify the users of agricultural machinery to stop using. The producers of agricultural machinery shall recall the agricultural machinery with defects in design and manufacturing in a timely manner

if the producers and sellers of agricultural machinery fail to perform the obligations of the first paragraph of this article, the quality supervision department and the administrative department for Industry and Commerce may order the producers to recall agricultural machinery and order the sellers to stop selling agricultural machinery

Article 17 it is prohibited to produce and sell the following agricultural machinery:

(1) it does not meet the safety technical standards for agricultural machinery

(2) implementing the production license management of industrial products according to law without obtaining a license

(3) those who must be certified according to law but have not been certified

(4) assembling with defective spare parts or the engine, steering gear, transmission, frame and other parts of discarded agricultural machinery

(V) officially eliminated by the state

Article 18 to engage in the maintenance and operation of agricultural machinery, it is necessary to have the necessary maintenance site, the necessary maintenance facilities, equipment and testing instruments, the corresponding maintenance technicians, the safety protection and environmental protection measures, obtain the corresponding maintenance technology certificate, and handle the industrial and commercial registration procedures according to law

to apply for the certificate of agricultural machinery maintenance technology, the following materials should be submitted to the competent department of agricultural mechanization of the local people's government at the county level:

(1) application form for agricultural machinery maintenance business

(2) applicant's identity certificate and enterprise name pre-approval notice

(III) certificate of use of maintenance site

(IV) list of main maintenance facilities, equipment and testing instruments

(V) national professional qualification certificate of main maintenance technicians

the competent department of agricultural mechanization shall, within 20 working days from the date of receiving the application, issue a certificate of maintenance technology to those who meet the conditions; If the conditions are not met, the applicant shall be notified in writing and the reasons shall be explained

the validity of the maintenance technology certificate is 3 years; If it is necessary to continue to engage in the maintenance of agricultural machinery at the expiration of the term of validity, it shall apply for renewal before the expiration of the term of validity

Article 19 agricultural machinery maintenance operators shall abide by the national regulations on maintenance quality and safety technical specifications and maintenance quality assurance period to ensure the maintenance quality

engaging in the maintenance of agricultural machinery shall not have the following behaviors:

(1) using spare parts that do not meet the safety technical standards of agricultural machinery

(II) assembling and refitting complete agricultural machinery

(3) undertaking the maintenance of agricultural machinery that has reached the scrapping conditions

(IV) other prohibited sexual behaviors stipulated by laws, regulations and the competent department of agricultural mechanization under the State Council

Chapter III use and operation

Article 20 agricultural machinery operators can participate in the skill training of agricultural machinery operators, and can apply for vocational skill appraisal to the relevant competent departments of agricultural mechanization, human resources and social security departments to obtain the corresponding national vocational qualification certificate

Article 21 Before tractors and combine harvesters are put into use, their owners should apply for registration with the competent department of agricultural mechanization of the local people's government at the county level with their own identity certificates and the source certificates of machines and tools in accordance with the regulations of the competent department of agricultural mechanization under the State Council. If tractors and combine harvesters pass the safety inspection, the competent department of agricultural mechanization shall register them and issue corresponding certificates and licenses within 2 working days

if the registration items of tractors and combine harvesters are changed during their use, the owner shall apply for change registration in accordance with the provisions of the competent department of agricultural mechanization under the State Council

Article 22 after training, the operators of tractors and combine harvesters shall participate in the examination organized by the competent department of agricultural mechanization of the people's government at the county level in accordance with the provisions of the competent department of agricultural mechanization of the State Council. For those who pass the examination, the competent department of agricultural mechanization shall issue corresponding operation certificates within 2 working days

the validity of tractor and combine operation certificates is 6 years; Upon expiration of the term of validity, tractor and combine operators may apply to the original license issuing authority for renewal. Do not operate tractors and combine harvesters under the age of 18. If the operator is over 70 years old, the competent department of agricultural mechanization of the people's government at the county level shall cancel his operation certificate

Article 23 tractors and combine harvesters shall be hung with license plates. If the tractor is driving on the road and the combine needs to be transferred due to transfer operations, maintenance, safety inspection, etc., its operators shall carry operation certificates

operators of tractors and combine harvesters shall not have the following behaviors:

(I) operate tractors and combine harvesters that are inconsistent with the provisions of their own operation certificates

(2) operate tractors and combine harvesters that are not registered, inspected or fail to pass the inspection in accordance with the regulations, with incomplete safety facilities and invalid parts

(3) operate tractors and combine harvesters after using psychotropic drugs and narcotics controlled by the state

(4) operating tractors and combine harvesters with diseases that hinder safe operation

(V) other prohibited behaviors stipulated by the competent department of agricultural mechanization under the State Council

it is forbidden to use tractors and combine harvesters to carry people in violation of regulations

Article 24 operators of agricultural machinery shall conduct safety inspection of agricultural machinery before operation; During operation, the safe operation procedures formulated by the competent department of agricultural mechanization under the State Council and the competent department of agricultural mechanization under the people's Government of the province, autonomous region and municipality directly under the central government shall be observed

Chapter IV accident handling

Article 25 local people at or above the county level