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Measures for the management of pesticide production
Date:2014-01-08 Font Size:Small Medium Large

  The first chapter is always
  Article 1 with a view to strengthen the management of pesticide production, promote the healthy development of the pesticide industry, according to the pesticide management regulations, these measures are formulated.
  Article 2 within the territory of the Peoples Republic of China pesticide production, shall abide by these measures.
  Article 3 the
  The national development and reform commission (hereinafter referred to as the national development and reform commission) for the supervision and administration of national pesticide production, responsible for the start of pesticide production enterprises approved and pesticide production approval.
  Article 4.
  Provinces, autonomous regions and municipalities directly under the national development and reform department (or economic and trade administrative department such as pesticide production management department, hereinafter referred to as the provincial department in charge of) responsible for the supervision and administration of pesticide production within their respective administrative areas.
  Article 5 the pesticides production should conform to the national industrial policy of pesticide industry.
  The second chapter of pesticide production enterprise for approval
  Article 6.
  Open pesticide production enterprises (including joint management, set up a branch, and the pesticide production enterprises set up a pesticide production workshop), shall be subject to the provincial department in charge of the first trial, after the report to the national development and reform commission for approval, the approval rear can apply to the administrative department for industry and commerce according to law or change the industrial and commercial business license, the business licenses.
  Article 7 the report for approval, shall meet the following requirements:
  (a) that can meet the needs of its production of pesticide technical personnel and skilled workers.
  (2) there are suitable to the pesticide with production workshop, production facilities and sanitation;
  (3) there are accord with national labor safety and hygiene standards of facilities and the corresponding labor safety and health management system;
  (4) product quality standards and product quality assurance system;
  (5) the production of pesticides is achieved in accordance with the pesticide registration of pesticides;
  (6) to meet the requirements of the state environmental protection and pollution prevention facilities, and pollutants discharge shall not exceed the national and local of the prescribed discharge standards;
  (7) other conditions stipulated by the national development and reform commission.
  Article 8 the report for approval, shall submit the following materials:
  (a) pesticide enterprises approved application form (see attachment 1);
  (2) industrial and commercial business license (existing) or the administrative department for industry and commerce issued by the "notice on the pre-approval of enterprise name" (the copy of newly established enterprises);
  (3) the project feasibility study report (technical projects that need to be more than class b qualification unit (prepare);
  (4) enterprise is located (above city-level) environmental protection departments of audit opinion (technical project shall provide the project environmental impact assessment report and the eia approval opinion);
  (5) other materials specified by the national development and reform commission.
  Article 9.
  The applicant shall, in accordance with the stipulated in article 8 hereof, the required material submitted to the provincial department in charge of. Departments at the provincial level shall be responsible for trial on enterprise declare material, will be after preliminary examination of the enterprise application materials submitted to the national development and reform commission.
  Article 10.
  The national development and reform commission shall accept enterprise 20 working days from the date of filing materials (not including on-site review and expert review time) to complete the review and make the decision. Twenty days cant make a decision, upon the approval of the main leaders of the national development and reform commission, may be extended for 10 days.
  For approved enterprises, the national development and reform commission confirm its qualification of pesticide production, and the public.
  Not through the audit of the declaration materials, no longer used as the basis for the next approval.
  Article 11.
  Pesticide production enterprise approval is valid for five years. Five years later qualifications are required to keep continue pesticide production enterprises, shall, before the expiration of three months to apply for the national development and reform commission.
  Article 12 the application of pesticide production enterprise qualification for enterprise, shall submit the following materials:
  (a) pesticide production continue application form (see attachment 2);
  (2) industrial and commercial business charter photocopy;
  (3) the enterprise production, sales and financial conditions in five years;
  (4) enterprise is located (above city-level) the audit opinion that the environmental protection department;
  (5) other materials specified by the national development and reform commission.
  Article 13.
  The applicant shall, in accordance with the stipulated in article 12 hereof, the required material submitted to the provincial department in charge of. First instance provincial departments in charge of the application materials to the enterprise, will be after preliminary examination of the application materials submitted to the national development and reform commission.
  Article 14.
  According to the national development and reform commission business is whether meet the approval conditions, since the date of the application materials by the enterprises 20 working days (not including on-site review and expert evaluation time) will decide whether to allow continuation, and the public. Twenty days cant make a decision, upon the approval of the main leaders of the national development and reform commission, may be extended for 10 days.
  Fails to apply for the continuation of the enterprise, will be considered automatically withdraw the qualification of acquired pesticide enterprises, the national development and reform commission will cancel the qualification of pesticide production, and the public. Not by the continuation of application materials, no longer used as the basis for the next application continues.
  Article 15 the fujian association of foreign languages and relocation of production pesticide enterprises shall be approved by the national development and reform commission; After the relocation in the province must be approved by the provincial department in charge of submitted to the national development and reform commission for the record.
  Article 16 the pesticide enterprises changed after approved by the department of industrial and commercial registration submitted to the national development and reform commission for the record, and shall be published.
  The third chapter pesticide production approval
  Article 17.
  Production has not yet formulated national standards and industry standards of pesticide products, shall be subject to the provincial department in charge of the first trial, after the national development and reform commission for approval, pesticide production approval certificate shall be issued. Enterprise for production approval certificate before production approved products.
  Article 18 for approval certificate, shall meet the following conditions:
  (a) has approved pesticide production enterprise qualification;
  (2) the effective ingredients, exactly achieved pesticide registration in accordance with the law;
  (3) has a sufficient to ensure the quality of the product and the normal production of professional and technical personnel and skilled technical workers and measuring, inspection personnel team;
  (4) have the corresponding technology to ensure the quality of the product, production equipment, workshop, auxiliary facilities and measurement and quality testing means;
  (5) with the products that meet the needs of safe production and labor sanitation facilities and the corresponding management system;
  (6) is adapted to the product of "three wastes" treatment facilities and measures, pollutant treatment after meet the national and local of the prescribed discharge standards;
  (7) other conditions stipulated by the national development and reform commission.
  Article 19 for approval certificate shall be submitted to the following materials:
  (a) pesticide production approval certificates to the application form (see attachment 3);
  (2) industrial and commercial business charter photocopy;
  (3) the product standard and manual;
  (4) has the corresponding qualification issued by the provincial quality inspection institutions from the date of filing within a year of product quality inspection report;
  (5) the new technical production equipment (compiled by has more than class b qualification unit construction project feasibility study report and approval of relevant departments;
  (6) production facility agreed project examination and approval opinions to the construction of the local environmental protection department (apply for certificates of existing formulations of the same products and enterprises can not provide);
  (7) processing, the distribution of products technical source within two years from the date of filing certificate format (see annex);
  (eight) packing products within two years from the date of filing of the partial shipments authorization agreement;
  (9) pesticide registration certificate;
  (10) other materials specified by the national development and reform commission.
  Application of new technical products, in the preceding paragraph shall be submitted (1) and (2), (3), (4), (5), paragraph (6) of the material.
  Application of new processing and distribution of products, the first paragraph shall be submitted (1) and (2), (3), (4), (6), paragraph (7) of the material.
  Application of new packing products, shall be submitted to the first paragraph (1) and (2), (3), paragraph (4), (8) of the material.
  Application for renewal of pesticide production approval certificate, it shall be submitted to the first paragraph (1) and (2), (3), (4), (7), paragraph (9) of the material.
  Pesticide production approval certificate, packing products required shall be submitted to the first paragraph (1) and (2), (3), (4), (5), (8), (9) provision of materials.
  Article 20.
  Enterprises in the production of domestic production of pesticide products for the first time, should for pesticide registration and other enterprises have obtained registration of products, enterprise name registration shall be indicated in the application form and registration number, the registration of the enterprise the product status, and at the same time of pesticide registration approval certificate for production.
  Article 21 the application approval process:
  (a) the applicant shall be in accordance with the provisions of article 19 of this law, these measures apply to the provincial department in charge of materials needed to prepare;
  (2) the provincial departments shall be responsible for the organization of the on-site examination and sampling test product quality, production conditions and truthfully fill in pesticide production approval certificate examination table (see annex 4);
  (3) the provincial departments in charge of filing materials to the enterprise for preliminary examination, and after preliminary examination of the enterprise application materials and pesticide production approval certificates to the production condition list submitted to the national development and reform commission review;
  (4) of the national development and reform commission since the date of filing materials, should be completed within 20 working days to review and make a decision, cannot make a decision within 20 days, upon the approval of the main leaders of the national development and reform commission, may be extended for 10 days. Through the review decision, pesticide production approval certificate shall be issued and the public.
  Article 22 to apply for the existing enterprises of the same dosage form products, two years can no longer on-site review. But there can be on-site review the following:
  (a) enterprise production conditions changed much;
  (2) of the provincial department in charge of on-site review considers necessary.
  Article 23.
  When accepts the enterprise application by the competent department at the provincial level shall inform the applicant in writing whether you need on-site examination and sampling test and the time required to product quality. The time needed for on-site review and product quality testing is not the legal work within the time limit.
  Article 24.
  On-site review should be by two or more staff and experience in production, quality, safety, etc, the experts in the industry. On-site review points qualified, basic qualified and unqualified three categories. On site review results as the basic of qualified and unqualified, review panel shall inform the cause and the consolidation field, the transformation of the measure suggestion and faithfully record in pesticide production approval certificate for production conditions review table.
  Article 25.
  In applying for approval certificate for pesticide production, can be provided by the enterprise the product quality inspection report issued by qualified unit; Application for renewal of pesticide production approval certificate, shall provide valid for one year for sampling observation of quality products or sampling inspection report. Sampling observation of quality products by the provincial department in charge of the site inspection sample sealed samples, when enterprises choose to have the corresponding qualifications of provincial quality inspection institutions and issue the test report.
  Chapter iv supervision and administration
  Article 26 the pesticide products must indicate the pesticide production approval certificate number.
  Article 27.
  For the first time issued by the pesticide production approval certificate is valid for two years (2); The pesticide production approval certificates issued technical product for five years, the period of validity of distribution of processing and packaging products for three years.
  Article 28.
  Apply for pesticide production approval certificate of enterprise name change, shall apply to the departments at the provincial level, provincial departments to conduct preliminary examination after filing materials, the new certificate issued by the national development and reform commission. Enterprises need to submit the following materials:
  (a) pesticide production approval certificates to the application form for change of company name (see annex 5);
  (2) of the new and the old or the administrative department for industry and commerce business license issued by the photocopy of the notice on the pre-approval of enterprise name;
  (3) the original pesticide production approval certificates.
  Article 29 of the pesticide production approval certificate is lost or damaged causes such as unidentifiable, can apply to the provincial department in charge of fill.
  Departments at the provincial level to conduct preliminary examination after filing materials, submitted to the national development and reform commission reissue pesticide production approval certificates.
  Apply for pesticide production approval certificates shall be submitted to the following materials:
  (a) pesticide production approval certificate for missing application form (see annex 6);
  (2) industrial and commercial business license copy.
  Article 30.
  Changes of pesticide production approval certificate of enterprise name and fill do pesticide production approval certificate, the provincial administrative departments shall, within 20 working days to complete the declaration materials of first trial and reported to work. To declare materials meet the requirements, the national development and reform commission shall, within five working days to deal with related work.
  Article 31.
  Pesticide production enterprise shall, in accordance with the pesticide product quality standards, technical regulations for production, production records must be complete and accurate. A year before the 15th of February, the enterprise shall truthfully fill of its from a pesticide production and operation situation of pesticide production in report (see attachment 7), submitted to the provincial departments, provincial departments after the summary report to the national development and reform commission.
  Article 32 the applicant shall truthfully submit relevant materials to the authority and reflect the real situation, and shall be responsible for the authenticity of the application materials.
  The fifth chapter penalty,
  Article 33 in any of the following circumstances, the national development and reform commission revoke the pesticide production qualifications:
  (a) has approved material discrepancy between enterprises actual situation and the registrant;
  (2) change approval without permission.
  Article 34 in any of the following circumstances, the national development and reform commission approval certificate revocation or cancellation of the pesticide production:
  (a) the review does not comply with the issuance conditions;
  (2) two consecutive supervisory and administrative department at or above the provincial level spot check, the quality of the product is unqualified;
  (3) in the transfer of pesticide production approval certificates to other enterprises use or used for other products;
  (4) during the validity period of pesticide production approval certificate, state decided to stop production of the product;
  (5) to produce fake pesticides.
  Article 35.
  Pesticide product quality inspection work of institutions in violation of the relevant provisions of the fraud, the provincial competent department or the national development and reform commission to the department concerned to cancel its pesticide product quality inspection work.
  Article 36.
  Pesticide management personnel who abuse their power, neglect their duties, practice favoritism, extorting bribes, according to the criminal law on the crime of abuse of power and dereliction of duty or bribery provisions, shall be investigated for criminal responsibility according to law; Not serious enough for criminal punishment shall be given administrative sanctions according to law.
  The sixth chapter is attached
  Article 37.
  Article 7 of this regulation, article 8, article 12 and article 18, and other materials that the provisions of article 19, the national development and reform commission shall be at least six months after the announcement to the society in advance, will require the applicant to provide relevant materials.
  Article 38.
  Pesticide production enterprise approved and the result of examination and approval of pesticide production approval certificates and pesticide production management related announcement, industrial policy in the national development and reform commission published on the Internet.
  Article 39 the national development and reform commission is responsible for the interpretation of these procedures.
  Article 40 in the present measures shall be implemented as of January 1, 2005. The former state economic and trade commission promulgated the "measures for the management of pesticide production" shall be repealed simultaneously.
  Site publish their manuscripts for the purpose of the information, does not mean that agree with his point of view or confirm the authenticity of its contents.

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