The hottest minister ordered the new agricultural

Ministerial order: the new "agricultural machinery test and appraisal measures" came into force on April 1

order No. 3 of the Ministry of agriculture and rural affairs of the people's Republic of China in 2018

the "agricultural machinery test and appraisal measures" has been deliberated and adopted at the 8th executive meeting of the Ministry of agriculture and rural affairs in 2018, and is hereby promulgated and will come into force on April 1, 2019

minister hanchangfu

December 30, 2018

Agricultural Machinery Test and identification methods

Chapter I General Provisions

Article 1 in order to promote the promotion and application of advanced and applicable agricultural machinery, and safeguard the legitimate rights and interests of agricultural machinery users, producers and sellers, these measures are formulated in accordance with the law of the people's Republic of China on the promotion of agricultural mechanization and the law of the people's Republic of China on the promotion of agricultural technology

Article 2 the agricultural machinery test and appraisal (hereinafter referred to as the agricultural machinery appraisal) mentioned in these Measures refers to the activities of the agricultural machinery test and appraisal institution (hereinafter referred to as the agricultural machinery appraisal institution) to make a technical evaluation on the applicability, safety and reliability of agricultural machinery through scientific tests, inspections and examinations, so as to provide basis and information for the selection and promotion of agricultural machinery

according to different appraisal purposes, agricultural machinery appraisal is divided into:

(I) promotion appraisal: comprehensively assess the performance of agricultural machinery and evaluate whether it is suitable for promotion

(II) special appraisal: assess and evaluate the special performance of innovative agricultural machinery products

Article 3 agricultural machinery appraisal shall be voluntarily applied for by the producers or sellers of agricultural machinery

Article 4 the Ministry of agriculture and rural areas is in charge of the national agricultural machinery appraisal work, and formulates and publishes the promotion appraisal outline

the administrative departments of agricultural mechanization under the people's governments of provinces, autonomous regions and municipalities directly under the central government are in charge of the appraisal of agricultural machinery in their respective administrative regions, formulate and publish a special appraisal outline, and report it to the Ministry of agriculture and rural areas for the record

the outline of agricultural machinery appraisal shall be revised and abolished according to the changes of laws and regulations, standards or the technical development of agricultural machinery products, so as to continuously meet the needs of agricultural machinery appraisal

Article 5 the agricultural machinery appraisal institution shall formulate, regularly adjust and issue guidelines for the types of agricultural machinery appraisal products, clarify the scope of products that can be appraised, and carry out agricultural machinery appraisal according to the outline of agricultural machinery appraisal

Article 6 agricultural machinery appraisal is a public welfare service, which should adhere to the principles of fairness, openness, science and efficiency, promote the administration of application, acceptance, examination, certification and registration, and accept the supervision of agricultural machinery users, producers, sellers and society

Article 7 the products that have passed the agricultural machinery appraisal can be included in the scope of financial subsidies, preferential credit, government procurement and other policy support of the state to promote the popularization of agricultural mechanization technology according to law

Article 8 agricultural machinery appraisal shall be carried out by agricultural machinery appraisal institutions subordinate to or designated by the administrative department of agricultural mechanization of the people's government at or above the provincial level

Article 9 an agricultural machinery appraisal institution shall meet the following conditions:

(1) a public welfare institution that is not for profit

(2) having staff, places, facilities and equipment suitable for the appraisal work

(III) have a working system and operating specifications that meet the requirements of appraisal

Article 10 the agricultural machinery test and appraisal station of the Ministry of agriculture and rural areas is responsible for organizing and coordinating the agricultural machinery appraisal institutions to carry out the promotion and appraisal work supported by the state

encourage appraisal cooperation among agricultural machinery appraisal institutions, share appraisal resources and improve appraisal ability

Chapter III Application and acceptance

Article 11 products applying for agricultural machinery appraisal shall meet the following conditions:

(1) they are qualified products

(II) have a certain production batch

(III) listed in the guide for product types of agricultural machinery appraisal

(4) products subject to compulsory certification or production license management shall also obtain corresponding certificates

(V) within the five years before the application, it has not violated the provisions of paragraphs 1, 5, 6, 7 and Article 30 of Article 25 of these measures

Article 12 agricultural machinery producers or sellers applying for agricultural machinery appraisal shall submit the following materials to the agricultural machinery appraisal institution: the elastic energy stored by the experimental machine components themselves in the process of pressure will be released

(I) application form for agricultural machinery appraisal

(II) product implementation standards

(III) product instructions

(IV) letter of commitment for the qualification of agricultural machinery products and the authenticity of application materials

if an application is entrusted to others, a power of attorney signed by the producer or seller of agricultural machinery shall also be submitted

for products applying for special appraisal, explanatory materials of innovative agricultural machinery products shall also be submitted

Article 13 the agricultural machinery appraisal institution shall review the application materials within 10 days from the date of receiving the application by combining the formulas of various complex special chemicals, decide whether to accept it or not, and notify the applicant. If the case is not accepted, the reasons shall be explained

Chapter IV appraisal implementation

Article 14 after accepting the application, the agricultural machinery appraisal institution shall determine the test appraisal time with the applicant, organize personnel to select or confirm the prototype according to the appraisal outline, and review the necessary technical documents

Article 15 the prototype for appraisal is provided by the applicant, which will further affect the employment of tens of thousands of people in the United States, and will be sent to the designated test site on schedule. After the appraisal, the prototype shall be handled by the applicant

Article 16 the appraisal contents of agricultural machinery shall be determined respectively according to the appraisal type

(I) promotion and identification:

1 Safety evaluation

2. Applicability evaluation

3. Reliability evaluation

(II) special appraisal:

1 Innovative evaluation

2. Safety inspection

3. Applicable to regional performance test

Article 17 an agricultural machinery appraisal institution shall issue an appraisal report to the applicant within 15 days from the date of completion of the appraisal

Article 18 If the applicant has any objection to the appraisal results, he may apply to the original appraisal institution for a retest within 15 days from the date of receiving the appraisal report

Chapter V appraisal announcement

Article 19 agricultural machinery appraisal institutions shall publish the information of products that have passed the appraisal and the corresponding test results on the designated media

Article 20 for products that have passed the agricultural machinery appraisal, the agricultural machinery appraisal institution shall issue the agricultural machinery appraisal certificate within 10 days after publication, and the product producer shall use the corresponding agricultural machinery appraisal mark with the agricultural machinery appraisal certificate

Article 21 the patterns of agricultural machinery appraisal certificates and marks shall be uniformly formulated and issued by the Ministry of agriculture and rural areas

the validity period of the agricultural machinery promotion appraisal certificate is 5 years, and the validity period of the special agricultural machinery appraisal certificate is 3 years. If the expiration of the validity period still meets the requirements of the current appraisal outline, registration management shall be implemented; If it no longer meets the requirements of the appraisal outline, the certificate shall be invalid

it is forbidden to forge, alter, transfer and use agricultural machinery identification certificates and marks beyond the scope

Chapter VI Supervision and administration Article 22 the agricultural machinery appraisal institution shall organize the supervision of the use of the products passing the agricultural machinery appraisal and the agricultural machinery appraisal certificates and marks, and shall deal with the violations of these measures in accordance with the law

Article 23 agricultural machinery appraisal institutions shall carry out agricultural machinery appraisal in strict accordance with the appraisal outline, and shall not forge the appraisal results or issue false certificates, and shall be liable for the appraisal results

Article 24 If the name or registration place of the production enterprise of the products that have passed the agricultural machinery appraisal is changed, it shall apply to the original license issuing authority for change and renewal with relevant supporting documents; If the product structure, type and main technical parameters change beyond the limited scope, a new application for appraisal shall be made

Article 25 in case of any of the following circumstances for the products that have passed the agricultural machinery appraisal, the original license issuing authority shall revoke the agricultural machinery appraisal certificate and make an announcement:

(1) there are major quality problems in the products, or the producers fail to solve them within the specified time limit after the occurrence of centralized quality complaints

(2) the enterprise name or registration place has changed and has not applied for change within 3 months

(3) the product structure, type and main technical parameters change beyond the limited range and fail to reapply for identification

(4) failing to pass the national product quality supervision and random inspection or market quality supervision and inspection

(5) obtaining appraisal results or certificates through fraud, bribery and other means

(6) altering, transferring or using agricultural machinery appraisal certificates and marks beyond the scope

(VII) there is patent infringement

Article 26 If the products that have passed the agricultural machinery appraisal have one of the following circumstances, the original license issuing agency shall cancel the agricultural machinery appraisal certificate and make an announcement:

(1) the producer applies for cancellation

(2) failing to implement registration management at the expiration of the certificate's validity

(3) those eliminated by the state

(4) the business license of the producer is revoked

(V) other circumstances that should be cancelled according to laws and regulations

Article 27 Where the administrative department of agricultural mechanization of the local people's government at or above the county level forces or in a disguised form forces the producers and sellers of agricultural machinery to identify the agricultural machinery products they produce and sell, the competent authority at a higher level or the supervisory authority shall order them to make corrections within a time limit, and impose administrative sanctions on the directly responsible person in charge and other directly responsible persons

Article 28 If an agricultural machinery appraisal institution fails to carry out the appraisal, forges the appraisal results or issues false certificates according to the regulations, the administrative department of agricultural mechanization shall order it to make corrections, and the person in charge of the unit and other direct personnel shall be given sanctions according to law; If losses are caused to the users of agricultural machinery, they shall bear compensation according to law

Article 29 the personnel engaged in the appraisal of agricultural machinery who practice favoritism, fraud, abuse their power and neglect their duties shall be punished according to law

Article 30 those who forge, falsely use or use expired agricultural machinery appraisal certificates and marks shall be ordered by the agricultural machinery appraisal institution to stop the illegal act, and their applications for agricultural machinery appraisal shall not be accepted within five years

Chapter VIII supplementary provisions

Article 31 The term "day" in these Measures refers to a working day

Article 32 these Measures shall enter into force as of April 1, 2019. The Ministry of Agriculture issued on July 26th, 2005. On December 31st, 2013, the No. 3 roaster of the 280000 ton potential tapping and reconstruction project of Chalco Shanxi new materials Co., Ltd. was baked for 150 days. The "agricultural machinery test and identification method" revised on July 15th, 2015 was abolished at the same time