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The "Fujian Province Regulations on Promoting Tea Industry Development" came into effect on June 1.

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Release date:

2012-05-03

  On March 31, 2012, the Standing Committee of the Fujian Provincial People's Congress issued an announcement regarding the promulgation and implementation of the "Fujian Province Regulations on Promoting Tea Industry Development." The regulations were adopted at the 29th Meeting of the Standing Committee of the 11th Fujian Provincial People's Congress on March 29, 2012, and have now been officially published. These regulations will come into effect on June 1, 2012.

  Attached: The Fujian Province Regulations on Promoting the Development of the Tea Industry (adopted at the 29th Meeting of the Standing Committee of the 11th Fujian Provincial People's Congress on March 29, 2012)

  Article 1: To promote the healthy and sustainable development of the tea industry, these Regulations are formulated based on relevant national laws and regulations, combined with the actual conditions of our province.

  Article 2: Any entity engaging in tea-related activities within the administrative territory of this province shall comply with these Regulations.

  The tea industry referred to in these regulations includes tea cultivation, processing, marketing, and the related services provided in support of these activities.

  Article 3: The provincial people's government, along with the city and county (district) people's governments in tea-producing areas, shall strengthen leadership over tea industry development, establish a coordination mechanism to promote the growth of the tea sector, and address key challenges in the industry. Specific implementation will be overseen by the agricultural (tea industry) administrative departments.

  Agriculture (tea industry), forestry, land resources, trade and economic development, health, industry and commerce, quality and technical supervision, and inspection and quarantine departments will each fulfill their respective responsibilities to effectively support the development of the tea industry.

  Article 4: The provincial people's government, along with the city and county (district) people's governments in major tea-producing areas, shall formulate a tea industry development plan for their respective administrative regions and integrate it into the national economic and social development plans.

  The tea industry development plan should align with ecological conservation plans, soil and water conservation plans, as well as protection schemes for specific areas such as nature reserves and scenic spots.

  Article 5: The People's Government of the province, as well as the people's governments of cities and counties (districts) in major tea-producing areas, shall allocate special funds for tea industry development. These funds will prioritize supporting initiatives such as the protection of tea tree germplasm resources, the selection and promotion of new tea varieties, the establishment of ecological tea garden bases and standardized demonstration zones for tea production, tea quality testing, and the creation of renowned tea brands— all aimed at fostering the healthy and sustainable growth of the tea industry.

  Article 6: Local people's governments at or above the county level in tea-producing regions shall, in accordance with relevant national policies and these Regulations, formulate preferential policies and specific measures to promote the development of the tea industry. Additionally, units and individuals that have made outstanding contributions to advancing the tea industry shall be recognized and rewarded.

  Article 7: Local people's governments at or above the county level in tea-producing regions should increase investment in fundamental and public-interest research related to the tea industry, promote technological innovation and the application of research outcomes, and enhance the tea industry's capacity and capability for sustainable development.

  Article 8: Local people's governments at or above the county level in tea-producing regions shall establish clear tea technology extension agencies, strengthen their technical promotion teams, and accelerate the dissemination of new tea varieties, technologies, machinery, pesticides, and fertilizers, thereby enhancing their capacity to serve the tea industry.

  Article 9: Local governments at the county level and above in tea-producing regions should strengthen the development of tea trading platforms, improve tea logistics infrastructure, and enhance the efficiency of tea market circulation.

  Article 10: Local people's governments at or above the county level in tea-producing areas shall implement measures to guide and regulate the development of specialized tea cooperatives, helping them enhance their service capabilities and management standards. Eligible tea cooperatives applying for agricultural support projects related to tea production will receive priority support.

  Encourage and support tea-specialized cooperatives in integrating organizational resources and production factors, promoting collaboration or restructuring to establish a federation of tea-specialized cooperatives.

  Article 11: Local people's governments at the county level and above should promote cooperation and exchange in the Fujian-Taiwan tea industry.

  Those engaged in tea production and business operations at the Taiwan Farmers' Entrepreneurship Park will enjoy preferential policies as stipulated by relevant regulations.

  Article 12: The agricultural administrative department of the provincial people's government shall include tea production and processing machinery products suitable for promotion and use within the province in the province's catalog of agricultural machinery products eligible for support and promotion. Purchasers of machinery listed in the catalog will receive subsidies in accordance with relevant regulations.

  Article 13: The agricultural administrative department of the provincial people's government shall collaborate with the people's governments of relevant prefecture-level cities to strengthen the protection of superior, special, rare, and exotic tea tree germplasm resources, and designate protected areas and conservation sites for outstanding tea tree germplasm. The designation of protected areas and conservation sites for naturally occurring superior tea tree germplasm resources must be submitted to the provincial people's government for approval.

  The reserve and protected areas for superior germplasm resources of tea plants are managed by the county-level people's government of the respective locality, with the agricultural (tea industry) administrative department at the county level taking specific responsibility.

  Local people's governments at the county level and above, through their agricultural (tea) administrative departments, should strengthen efforts in selecting, breeding, introducing, demonstrating, and promoting superior tea tree varieties.

  Article 14: The health administrative department of the provincial people's government shall, in collaboration with relevant departments such as agriculture and quality and technical supervision, formulate local standards for tea safety and quality based on the "Food Safety Law of the People's Republic of China."

  Encourage tea-producing enterprises to establish corporate standards that are stricter than the local quality and safety standards for tea.

  Article 15: Local people's governments at or above the county level in tea-producing areas, along with their agricultural (tea) and other relevant administrative departments, shall implement measures to promote standardized tea cultivation and processing, advance the development of infrastructure such as tea garden roads and irrigation systems, and encourage the construction of ecological tea gardens—while prioritizing funding allocations for these initiatives.

  Land required for constructing tea production facilities in tea gardens shall be handled in accordance with laws, regulations, and relevant provisions of the provincial people's government.

  Article 16: The quality and technical supervision departments of local people's governments at or above the county level in tea-producing areas shall organize tea-producing enterprises and research institutions to promote and participate in the development of national standards for the region's key tea varieties.

  Article 17: Local people's governments at or above the county level in tea-producing regions, along with their agricultural (tea) and other relevant administrative departments, shall establish comprehensive information platforms, intensify promotion efforts for the region's key tea varieties, and provide policy advice and information services to help tea producers and operators expand into domestic and international markets and effectively engage in marketing activities.

  Article 18: Local people's governments at the county level and above, along with relevant administrative departments, teaching and research institutions, and tea technology extension organizations, should strengthen training programs for professionals specializing in tea cultivation, processing, and related fields. They should also conduct vocational skills assessments in areas such as tea evaluation, tea ceremony, and tea processing, thereby fostering the development of a highly skilled workforce for the tea industry.

  Article 19: Support various tea industry associations established in accordance with the law to organize and carry out activities that promote the development of the tea industry, regulate industry practices, strengthen self-discipline within the sector, and enhance talent training. Additionally, these associations should foster integrity-building initiatives across the industry, guide tea producers and operators to conduct business legally and responsibly, and provide essential services to support their operations.

  When formulating tea industry development plans and sector standards, the government and relevant departments should seek input from various tea industry organizations, such as the Tea Industry Association.

  Article 20: Support tea enterprises and teaching and research institutions in establishing tea-related science and technology R&D and extension organizations. These entities will engage in the selection and breeding of superior tea varieties, as well as the development and promotion of technologies for high-yield, high-quality tea cultivation, advanced processing, and safe production. For projects that successfully commercialize high-tech innovations in the tea industry, preferential policies will be applied in accordance with relevant regulations.

  Tea processing enterprises that undertake technological upgrades and innovation, and promote the establishment of clean, standardized, and centralized processing zones, will receive subsidies from local governments at or above the county level in accordance with relevant regulations.

  Article 21: Financial institutions are encouraged to develop and innovate financial products and services tailored to the growth of the tea industry, while also increasing credit support for tea-related projects.

  Encourage tea enterprises to legally leverage capital markets to raise social funding. Local governments at or above the county level should support eligible tea companies in accessing public financing through stock market listings.

  Article 22: The rights holder of a mountain tea garden may submit an application for forest rights registration to the forestry authorities of the local people's government at or above the county level, which will then issue the "People's Republic of China Forest Rights Certificate" in accordance with the law by the people's government at the same level.

  Support mountain tea garden right holders in obtaining loans by using forest rights as collateral. When forest rights of tea gardens are legally pledged, the forestry authorities of local governments at or above the county level—previously responsible for forest rights registration—shall, upon application, handle the corresponding mortgage registration.

  Article 23: Encourage the establishment of various tea culture promotion organizations, support social groups in developing tea culture venues, actively organize tea-related events and tea art activities, and deeply explore, preserve, and disseminate tea culture, thereby advancing both the cultural initiatives and the growth of the tea industry.

  Local people's governments at or above the county level, along with their cultural, tourism, agricultural (tea industry), and other relevant administrative departments, should explore, organize, and promote tea culture; develop and promote tea culture tourism; and strengthen the external promotion and exchange of tea culture. Traditional tea-making techniques listed in the Intangible Cultural Heritage List and their inheritors should be protected, with inheritors receiving rewards and financial support.

  Article 24: We encourage the development of tea brands and strive to create renowned products at all levels and in various categories.

  Local governments at the county level and above should provide incentives to tea enterprises that have obtained certifications such as Good Agricultural Practices, Food Safety Management System certification, as well as certifications for pollution-free agricultural products, green foods, and organic products.

  Local governments at or above the county level shall provide protection and rewards to entities whose trademarks are recognized as China's Well-Known Trademarks, Fujian Province's Famous Trademarks, Fujian Province's Brand-name Products, or Fujian Province's Brand-name Agricultural Products. Additionally, these entities will receive priority support in areas such as project allocation and other relevant initiatives.

  Article 25: Tea-producing enterprises, specialized tea cooperatives, and tea industry associations are encouraged to apply for geographical indication protection for teas that possess unique natural ecological environments and historical or cultural factors.

  Local people's governments at the county level and above should strengthen organizational coordination of activities related to the application, use, and protection of tea geographical indications. Tea enterprises and specialized tea cooperatives within the designated production areas of tea geographical indications may, after legally applying, use the exclusive logo for tea geographical indication products.

  Article 26: The development of tea gardens shall comply with the tea industry development plan, and measures must be implemented to protect the ecological environment and prevent soil erosion.

  The provincial people's government's agricultural administrative department should collaborate with relevant departments to develop standards for the construction of ecological tea gardens and tea garden demonstration zones, thereby standardizing their establishment and development.

  Newly establishing tea gardens is prohibited on steep slopes with gradients exceeding 25 degrees, as well as in areas suffering from severe soil erosion and ecological fragility. For tea gardens located on excessively steep slopes that cannot be ecologically rehabilitated, a "tea-to-forest" conversion should be implemented to prevent further soil and water loss.

  Article 27: Promote the use of bio-organic fertilizers in tea gardens, implement soil-testing-based and customized fertilization practices, utilize high-efficiency, low-toxicity pesticides as well as biological pesticides, advance integrated pest and disease management techniques, and encourage the adoption of professional, unified pest control services.

  The use of highly toxic, acutely toxic, and highly persistent pesticides is prohibited in tea cultivation. Agricultural (tea industry) administrative departments of local governments at the county level and above should, based on the national list of approved pesticides for use on tea plants, provide guidance to tea farmers on the scientific application of these chemicals.

  Article 28: A tea quality traceability system shall be implemented.

  Local people's governments at the county level and above should gradually establish tea quality and safety traceability information service platforms.

  Tea production enterprises and farmer-based specialized cooperative organizations should establish a tea production record system, ensure thorough inspection and testing of the teas they produce, and must not sell tea products that fail to meet tea quality and safety standards. No organization or individual is permitted to falsify tea production records.

  Tea businesses are required to establish an incoming inspection record system for the tea products they sell, accurately documenting details such as the tea’s name, specifications, quantity, supplier information, and date of purchase. They must not sell tea products that fail to meet tea product quality and safety standards.

  Article 29: Finished tea packaging should be reasonable, with the material, structure, and cost of the packaging appropriately matched to the quality, specifications, and cost of the tea it contains, thereby minimizing the generation of packaging waste.

  Finished tea packaging and labeling must comply with relevant national regulations, clearly indicating the product name, place of origin, producer, production date, and shelf life, among other details.

  Local people's governments at or above the county level, along with relevant administrative departments such as quality and technical supervision and industry and commerce, should strengthen supervision and management of tea product packaging and labeling.

  Article 30: Tea industry associations and other tea-related organizations may, in accordance with the principles of openness, fairness, and impartiality, organize experts to evaluate premium and high-quality tea products. However, they must not compel tea enterprises to participate, nor may they pursue profit from this activity.

  Local people's governments at the county level and above, along with relevant departments, should strengthen supervision and management of the evaluation process for premium tea products, safeguarding the legitimate rights and interests of both tea enterprises and consumers.

  Article 31: Tea trading venues and wholesale markets shall establish or entrust tea quality inspection and testing institutions to conduct random checks on the safety and quality of teas sold in the market. If any tea is found to fail to meet safety and quality standards, the venue must immediately require the seller to cease sales and report the issue to the agricultural (tea industry) administrative department of the county-level people's government where the venue is located.

  Local people's governments at or above the county level, along with their agricultural (tea industry), industry and commerce, quality and technical supervision, and other relevant administrative departments, should strengthen supervision and inspection of tea trading venues and wholesale markets, while also providing convenient and high-quality services.

  Article 32: Local people's governments at or above the county level, along with their relevant administrative departments—including those overseeing agriculture (tea industry), quality and technical supervision, industry and commerce, health, and economic trade—shall strengthen oversight of tea quality and safety. They will conduct random inspections of tea products during production and sales, and the results of these inspections shall be publicly announced by the relevant administrative departments under the provincial people's government in accordance with the law.

  Tea testing should be entrusted to an inspection and testing organization qualified to conduct tea quality assessments.

  Article 33: Any violation of Paragraph 2 of Article 27 of these Regulations by using highly toxic, acutely toxic, or persistent pesticides shall be subject to a warning issued by the agricultural (tea) administrative department of the local people's government at or above the county level. Depending on the severity of the harm caused, a fine ranging from RMB 3,000 to RMB 30,000 will also be imposed. Additionally, tea products found to contain highly toxic, acutely toxic, or persistent pesticides will be confiscated. If the offense constitutes a crime, criminal liability will be pursued in accordance with the law.

  Article 34: In violation of Paragraph 3 of Article 28 of these Regulations, tea-producing enterprises and farmer-based cooperative economic organizations that fail to maintain tea production records, or those found to have falsified such records, shall be ordered by the relevant administrative authorities to make corrections. Failure to comply with the correction order may result in a fine ranging from 200 to 2,000 yuan.

  Violation of Paragraph 4 of Article 28 of these Regulations—specifically, when tea businesses fail to establish a purchase inspection and record-keeping system—will result in an order from the relevant administrative authorities to rectify the issue, accompanied by a warning. If the business refuses to comply, it will face a fine ranging from 2,000 to 20,000 yuan.

  Violation of Paragraphs 3 and 4 of Article 28 of these Regulations—specifically, selling tea products that do not meet tea quality and safety standards—will result in the confiscation of the non-compliant tea products by the relevant administrative authorities. For tea products with a value of less than 10,000 yuan, a fine of between 2,000 and 20,000 yuan will be imposed. For products valued at 10,000 yuan or more, the penalty will range from five to ten times the product's value.

  Article 35: Staff members of the agricultural (tea) administrative departments and other relevant administrative agencies under local governments at or above the county level who neglect their duties, abuse their authority, or engage in corruption while working to promote the development of the tea industry shall be disciplined according to law; if their actions constitute a crime, they shall be held criminally liable in accordance with the law.

  Article 36: For acts that violate these regulations, if there are existing penalty provisions in laws and regulations, those shall apply.

  Article 37: This regulation shall come into effect on June 1, 2012.

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