China's Revised Agriculture Law Upgrades "Forestry" to "Forestry and Grassland Industry"

Deep News
Sep 03

The newly revised Agriculture Law of the People's Republic of China was approved at the 24th session of the Standing Committee of the 14th National People's Congress on August 28, marking the second comprehensive overhaul since the law's original enactment in 1993. The updated legislation will come into force on January 1, 2027, and introduces a landmark shift in the forestry and grassland sector.

The most prominent change in the new law is the replacement of the term "forestry" with "forestry and grassland industry" throughout the text, with multiple chapters now containing specific legal provisions for forest and grassland management. Article 2 of the General Provisions clearly defines agriculture as encompassing crop cultivation, forestry and grassland industry, animal husbandry, and fishery, along with directly related pre-production, in-production, and post-production services, marking the first time the independent industrial status of the forestry and grassland sector has been established in the foundational agriculture law.

Article 5 stipulates that the state adheres to a holistic view of agriculture and food security, promotes the coordinated development of farming, forestry, animal husbandry, and fishery, and works to build a diversified food supply system. Article 10 specifies that the competent forestry and grassland department under the State Council and other relevant departments are responsible for agriculture and rural economic development within their respective mandates, while local forestry and grassland departments at or above the county level handle forestry and grassland work in their administrative regions.

The chapter on agricultural production and management systems requires the state to strengthen the planning and construction of state-owned farms, forest farms, pasture farms, and fishery farms to better leverage their demonstration and leadership role in modern agricultural development. Legal protection is provided for the legitimate land rights of state-owned forest farms, with explicit provisions that the land in use by these entities cannot be taken back without proper approval procedures as stipulated by state regulations.

The agricultural production chapter contains substantial forestry and grassland regulations. Article 20 requires development and reform, finance, natural resources, water administration, and forestry and grassland departments at or above the provincial level to take measures to implement agricultural development plans and promote the growth of related industries. Article 21 mandates the state to guide and support the coordinated development of crop cultivation, forestry and grassland industry, animal husbandry, and fishery. This includes strengthening ecological construction in forest and grassland areas, advancing the protection and restoration of natural forests and basic grasslands, combating desertification, and enhancing the shelterbelt system. Under the premise of ensuring ecological security, the state promotes the development of commercial forests and under-forest economies, expands the forestry and grassland industry, and increases the supply of forest and grassland products. The law also coordinates grassland conservation with the development of grassland animal husbandry, promoting pen-raising and barn-feeding practices while actively developing the forage industry. Article 22 further includes grassland fencing and improved variety bases for animal and plant species as infrastructure that requires strengthened agricultural and rural development.

Regarding food security, Article 44 requires the state to take measures to ensure the effective supply of various food products, meet the diverse dietary needs of the people, and improve nutritional structures. The agricultural and rural affairs departments of the State Council, along with forestry and grassland authorities, are directed to enhance the development of related food industries. The chapter on agricultural investment and support protection stipulates in Article 46 that fiscal allocations for agricultural infrastructure in crop cultivation, forestry and grassland industry, animal husbandry, fishery, and farmland water conservancy at all levels must be coordinated and grow in harmony, legally guaranteeing that the forestry and grassland sector receives financial support equal to other agricultural industries.

The section on land and agricultural resource protection is the most comprehensive for forestry and grassland content. Article 67 requires the rational use and protection of natural resources including land, water, forests, grasslands, and wildlife. Article 70 establishes the national commitment to integrated conservation and systematic governance of mountains, waters, forests, farmlands, grasslands, and deserts, with implementation of significant ecosystem protection and restoration projects. Governments at all levels must take measures to prevent and control land desertification, and carry out saline-alkali land treatment and comprehensive utilization based on local conditions. Article 71 mandates that governments at all levels organize public afforestation efforts, protect forest land and trees, prevent forest fires, control forest pests, and stop excessive and illegal logging, while increasing forest coverage and stock volume. The state implements a compulsory tree-planting system for all citizens and a comprehensive natural forest protection system that strictly limits harvesting while promoting restoration. Article 72 provides comprehensive regulations for grassland protection, requiring local governments to strengthen grassland protection, construction, and management; promote grass-based animal husbandry; organize the establishment of artificial grasslands and forage bases; improve natural grasslands; implement forage-livestock balance systems with reasonable carrying capacity controls; enforce rest-grazing and grazing-ban systems; promote rotational grazing; protect grassland vegetation; strengthen fire and pest control measures; and prevent degradation, desertification, salinization, rocky desertification, and soil erosion. Article 73 explicitly prohibits the destruction of forests and grasslands for cultivation, mountain burning for reclamation, and cultivation of steep slopes that are banned by the state, as well as lake reclamation and the reclamation or enclosure of natural wetlands. Farmers who convert farmland within state-approved planning zones are entitled to compensation in accordance with national regulations.

Additional forestry and grassland provisions appear throughout the law. Article 75 establishes a protection system for biological species resources related to agricultural production, safeguarding biodiversity with special protections for rare, endangered, and valuable biological resources and their native habitats. The state strengthens germplasm resource surveys, collection, conservation, development, and utilization, and constructs national germplasm resource banks. Introduction of biological species from overseas requires approval or registration by law, along with appropriate safety control measures. Governments at or above the county level must strengthen efforts to prevent and control invasive alien species. Article 79 mandates ecological protection compensation according to law and gradually improves mechanisms for realizing the value of agricultural ecological products. Article 23 supports the breeding, production, renewal, and promotion of improved animal and plant varieties, encouraging the combination of variety breeding with production and management, implementing modern seed industry upgrading projects, advancing key technology research, maintaining seed industry security, and enhancing modernization levels. The State Council and provincial governments establish special funds to support breeding and promotion of improved varieties. Article 29, addressing monitoring, early warning, and prevention of animal diseases and plant pests, weeds, rodents, and other harmful organisms, also applies to the forestry and grassland sector.

In the legal liability chapter, Article 106 stipulates that violations of Article 73 shall be punished in accordance with relevant laws and administrative regulations. The supplementary provisions in Article 114 clarify that workers in state-owned forest farms and similar entities who operate under contractual management may refer to the law's provisions concerning farmers.

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