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The pesticide management regulations of the People's Republic of China
Date:2014-01-08 Font Size:Small Medium Large

  The first chapter is always
  Article 1 with a
  In order to strengthen the supervision and management of production, management and use of pesticides, ensure the quality of pesticides, protecting agricultural and forestry production and ecological environment, human and animal safety maintenance, these regulations are formulated.
  Article 2:
  Pesticides, referred to in these regulations mean those used to prevent, eliminate or control hazards of agriculture, forestry disease, insect, grass and other harmful organisms and purposefully regulate growth of plants, insects, chemical synthesis or other natural substances derived from biological, a substance or a mixture of several substances and their preparations.
  The pesticides including used for different purposes mentioned in the preceding paragraph, place the following all kinds of:
  (a) to prevent, eliminate or control hazards the worm disease, agriculture, forestry, including insects, ticks and mites), grass, and the rat, molluscs and other harmful organisms;
  (2) to prevent, eliminate or control storage disease, insect, rat and other harmful organisms;
  (3) regulating plant, insect growth;
  (4) used in agricultural and forestry products or fresh;
  (5) to prevent, eliminate or control of mosquitoes, flies, blatt, rats and other harmful organisms;
  (6) to prevent, eliminate or control hazards river DAMS, railways, airports, buildings and other places of harmful organisms.
  Article 3 within the territory of the Peoples Republic of China production, management and use of pesticides, shall abide by these regulations.
  Article 4 the state shall encourage and support the development, production and use of safe, efficient, economy of pesticides.
  Article 5.
  The agricultural administrative departments under the state council shall be responsible for the supervision and administration of pesticide registration and pesticide. Agriculture of the peoples governments of provinces, autonomous regions and municipalities directly under the central government administrative departments shall assist the competent administrative department for agriculture under the state council within their respective administrative areas of pesticide registration, and is responsible for the pesticide supervision and administration work within their respective administrative areas. Peoples government at the county level peoples governments of cities or autonomous prefectures and districts of agriculture administrative departments responsible for supervision and management of pesticide within their respective administrative areas.
  Other relevant departments under the peoples governments at or above the county level within the scope of their functions and responsibilities respectively responsible for the relevant supervision and management of pesticides.
  The second chapter of pesticide registration
  Article 6 the state shall practise a system of pesticide registration.
  Production (including technical production, processing and packaging, the same below) of pesticides and imported pesticides must be registered.
  Article 7 the first domestic production of pesticides and import of pesticide registration for the first time, according to the following three phases:
  Phases: (1) field experiment to apply for registration of pesticides, filing a field experiment by its developer, approved, may be the field experiment was carried out; Field trials of pesticides may not sell.
  (2) the temporary registration stage: after field experiments, the need for the field experiment and demonstration, test marketing of pesticides, and under special circumstances need to use pesticides, by its producers to apply for temporary registration, the competent administrative department for agriculture under the state council to pesticide registers card temporarily, after a field experiment and demonstration shall be within the prescribed scope, test marketing.
  (3) the formal registration stage: through field experiment and demonstration, test can be used as a formal commodity circulation of pesticides, by its producers to apply for registration of formal, agricultural administrative departments of the state council issued the pesticide registration certificate, before production, the sale.
  Pesticide registration and pesticide registers card temporarily registration should be valid; Registration expires, the need to continue production or continue to sell China pesticide products, shall apply for renewal of registration before the registration expires.
  The formal registration and temporary registration of pesticides, effective period change dosage form, the registration of the content or use range, use method, should apply for registration of change.
  Article 8.
  In accordance with the provisions of article 7 of these regulations, apply for pesticide registration, the developer, producer, or to sell China pesticide of foreign companies shall be to the agricultural administrative departments under the state council or by the peoples governments of provinces, autonomous regions and municipalities directly under the central government administrative department of agriculture pesticide samples to the agricultural administrative departments under the state council and in accordance with the pesticide registration requirements stipulated by the competent department of agriculture administration under the state council, provide the pesticide product chemistry, toxicology, pharmacokinetics, residue, environmental impact, label and other information.
  The agriculture administration department of the state councils pesticide verification organization responsible for the work of national pesticide specific registration. Peoples governments of provinces, autonomous regions and municipalities directly under the central government subordinate to the competent agricultural administrative department of pesticide verification institutions to assist to do a good job of pesticide specific registration within their respective administrative areas.
  Article 9.
  Agriculture and forestry under the state council, industrial product license management, health, environmental protection, food department, and the national supply and marketing cooperative departments recommend the pesticide management and pesticide technical experts, composed of pesticide registration review committee.
  Pesticide formal registration application materials separately by the state council of agriculture, industry, product license management, health, environmental protection department and the national supply and marketing cooperative, after review and signing by the pesticide registration review committee for chemistry, toxicology, pharmacokinetics, residual pesticide products, environmental impact, etc. According to the pesticide registration review committee evaluation, in conformity with the conditions, the agricultural administrative departments under the state council shall issue the pesticide registration certificate.
  Article 10 the state to obtain the first registration and contains new compounds of the applicants submit their own pesticide and enforce the protection of the experimental data and other data did not disclose.
  Six years from the date of registration, the other applicants, without the prior permission of the already registered applicants to use the data to apply for registration of pesticides in the preceding paragraph, the registration authority shall grant registration; However, other applicants submit their own except the data obtained.
  In addition to the following cases, registration authority may disclose the data of the first paragraph:
  (a) public interest needs;
  (2) measures have been taken to ensure that such information will not be wrongly for commercial use.
  Article 11.
  Production of other manufacturers have the same pesticide products registered with the producer shall apply for pesticide registration, provide the pesticide samples and information of article 8 of these regulations, the competent administrative department for agriculture under the state council shall issue the pesticide registration certificate.
  The third chapter of pesticide production
  Article 12 the pesticides production should conform to the national industrial policy of pesticide industry.
  Article 13.
  Open pesticide production enterprises (including joint management, set up a branch, and the pesticide production enterprises set up a pesticide production workshop), shall meet the following conditions, and the provinces, autonomous regions and municipalities directly under the central government of their location of business industrial product license agreement audit management, after approval from the industrial product license management department of the state council; However, the laws and administrative regulations for enterprises to establish the conditions and audit or otherwise stipulated by the approval authority, those provisions shall be followed:
  (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 legally obtained 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.
  Approval, the pesticide production enterprise may apply to the administrative department for industry and commerce in accordance with the business licenses.
  Article 14 the state shall practise a system of pesticide production license.
  Production with the state standards or industrial standards of pesticides, shall apply to the industrial product license management department under the state council pesticide production license.
  Production has yet to develop national standards, industry standards, but the enterprise standards for pesticide, permission of the provinces, autonomous regions and municipalities directly under the central industrial products shall, after approval by the management review the industrial product license management department under the state council for approval, approval documents to pesticide production.
  Article 15 the pesticide production enterprise shall, in accordance with the pesticide product quality standards, technical regulations for production, production records must be complete and accurate.
  Article 16.
  Pesticide product packaging must be labeled or affix the instructions. Labels shall be clingy or printed on the pesticide packaging. On the label or instructions shall indicate the name, company name, product batch number, pesticides and pesticide registration number or pesticide registration number temporarily, pesticide production license or approval document number of pesticide production as well as the effective composition of the pesticide, content, weight, product performance, toxicity, purpose, use of technology, using method, production date, validity and matters needing attention, etc.; Pesticide packaging, shall also indicate the packing unit.
  Article 17 pesticide product before delivery, should pass a quality examination and affix, product quality inspection certificates; Do not accord with standard of product quality, factory is not allowed.
  The fourth chapter pesticide management
  Article 18 the following units can run pesticide:
  (a) the supply and marketing cooperatives agricultural means of production and business operation entity;
  (2) the plant protection station;
  (3) the soil fertilizer station;
  (4) agriculture, forestry technology popularization institutions;
  (5) the forest pest control agencies;
  (6) pesticide production enterprises;
  Other business units (7) the provisions of the state council.
  Management of pesticide belong to chemical dangerous goods, shall be in accordance with the relevant provisions of the state to handle the business licenses.
  Article 19.
  Pesticides and business operation entities shall meet the following conditions and the conditions stipulated in the relevant laws and administrative regulations, and in accordance with the law to apply to the administrative department for industry and commerce for the business license, after can pesticide of business:
  (a) that can meet the needs of its management of pesticide technical personnel;
  (2) that can meet the needs of its management of pesticide business premises, equipment, storage facilities, safety protection measures and environmental pollution control facilities, measures;
  (3) there are adapt to the rules and regulations of pesticide of its business;
  (4) match the quality of the management of pesticide management system and management means.
  Article 20 pesticide business unit purchases of pesticide, pesticide products and products shall be tag or verification, certificate of approval of manual, product quality and quality inspection.
  It is forbidden to purchase or sell without pesticide registers card or pesticide registers card temporarily, no pesticide production license or pesticide production approval documents, product quality standards and product quality certification and inspection unqualified pesticide.
  Article 21 the pesticide and business operation entities shall, in accordance with the relevant regulations of the state to do a good job of pesticide reserves.
  Storage of pesticides shall establish and implement the system of warehousing, ensure product quality and safety of pesticides.
  Article 22 the pesticide management unit sales of pesticides, must ensure the quality, pesticide products and product labels or instructions, product quality certificate shall be checked.
  Pesticides and business operation entities shall apply to units and individuals using pesticides right of pesticide use, usage, dosage, poisoning first-aid measures and matters needing attention.
  Article 23.
  More than product quality assurance period of pesticide products, by the peoples governments at or above the provincial level administrative department of agricultures pesticide testing institutions inspection, in conformity with the standards, can be sold within a prescribed period of time; However, you must indicate the word obsolete pesticides, and affix usage and dosage.
  The fifth chapter of pesticide use
  Article 24.
  Peoples governments at or above the county level agricultural administrative departments shall, according to "of" prevention first, comprehensive prevention and control of the plant protection policy, organization to promote safe, efficient, pesticide, to carry out training activities, improve the level of farmers spray technology, and completes the diseases and insect pests forecasting work.
  Article 25.
  The local peoples governments at or above the county level agricultural administrative departments shall strengthen the guidance for safe and rational use of pesticides, according to the regions agriculture disease, insect, grass, and the rat use planning formulation of pesticide rotation, a rotation system using pesticides, in a planned way to slow the progress of the disease, insect, grass and rat resistance, improve the control effect.
  Article 26.
  Antitoxic regulations for pesticides shall abide by the pesticide, pharmacy, pesticide, correct to do a good job of waste handling and safety protection, prevention of environmental pollution by pesticides and pesticide poisoning accidents.
  Article 27.
  Pesticides shall abide by the relevant state regulations on safety and reasonable use of pesticides, in accordance with the relevant provisions of the dose, medication, use medicine, pesticide and safety interval number to prevent the pollution of agricultural and sideline products.
  High toxic pesticides are highly toxic, shall not be used for prevention and control of health pests, shall not be used for vegetables, fruits, tea and wood materials.
  Article 28. The use of pesticide should be pay attention to protect environment, beneficial organisms and rare species.
  It is forbidden to use pesticides poison fish, shrimp, birds, beasts, etc.
  Article 29 of the forestry administrative department of public health, food, must enhance the forestry, grain storage and health security, reasonable use of pesticides.
  Other provisions of chapter 6
  Article 30 no units or individuals shall produce or pesticide production without pesticide production license approval documents of pesticides.
  No unit or individual is allowed to production, management, import or use pesticide pesticide registers card or pesticide registers card temporarily.
  Imported pesticides shall abide by the relevant provisions of the state, the owner or his agent shall present to the customs of their Chinese pesticide registers card or pesticide registers card temporarily.
  Article 31 it is prohibited to produce, management and use of pesticides.
  The following pesticide is false pesticide:
  (a) in a pesticide as pesticides or to pesticides pose as his kind of pesticide;
  (2) the types of content of effective ingredients, name and product labels or instructions indicated in the effective ingredients, name of the kinds of pesticides.
  Article 32 it is prohibited to produce, management and use of sub-standard pesticides.
  The following pesticide for inferior pesticide:
  (a) do not accord with standard of pesticide product quality;
  (2) loss of use efficiency;
  (3) mixed with cause phytotoxicity and other harmful ingredients.
  Article 33 ban business product packaging not attached to the tag or label on the imperfect of pesticides.
  Article 34 the unregistered pesticide, do not post advertisements published, broadcast, Settings,.
  Pesticide advertisement content must be consistent with the content of the pesticide registration, and according to the advertisement law and relevant state stipulations on the management of pesticide advertising under scrutiny.
  Article 35.
  After the registration of pesticides, found that for the period of validity of the registration of agriculture, forestry, human and animal safety, has serious harm to the ecological environment, the pesticide registration review committee, by the competent department of agriculture administration under the state council announced the restrictions on the use or cancellation of registration.
  Article 36 no unit or individual is allowed to production, management and use of the country banned the production or cancellation of registration of pesticides.
  Article 37 the relevant department of the peoples governments at or above the county level shall do a good job in analysis of pesticide residues in agricultural and sideline products and published test results.
  Article 38 a ban on sales of pesticide residues than standard of agricultural and sideline products.
  Article 39.
  Deal with fake pesticides, shoddy, scrap expired pesticides, pesticides banned pesticides, pesticide packaging waste and other waste containing pesticide, must strictly comply with the relevant provisions of the environmental protection laws and regulations, to prevent pollution of the environment.
  The seventh chapter penalty,
  Article 40.
  Has one of the following ACTS, in accordance with the criminal law on the crime of illegal management or the regulation of dangerous goods accident, shall be investigated for criminal responsibility according to law; Is not serious enough for criminal punishment, by the competent administrative department for agriculture penalties shall be imposed according to the following provisions:
  (a) without pesticide registers card or pesticide registers card temporarily, production and management of pesticide without authorization or production and management of pesticide registration has been revoked, shall be ordered to stop the production and business operations, confiscate the illegal income, impose fines of 1 times and 10 times the illegal income; No illegal income, and be fined not more than 100000 yuan;
  (2) of the pesticide registers card or pesticide registers card temporarily expires for renewal of registration, without authorization, continue to produce the pesticide, instructs deadline for renewal procedures, confiscate the illegal income derived therefrom and may concurrently be fined five times the illegal income; No illegal income, and may be concurrently fined below RMB 50000 yuan; Dont fill do overdue, the original license issuing organ shall be ordered to stop the production, management, revocation of pesticide registers card or pesticide registers card temporarily.
  (3) the production and business operations not attached to the label on the product packaging, labels, disability is not clear or modify label content of pesticide products, given a warning, his unlawful income confiscated and may be concurrently fined not more than three times the illegal income; No illegal income, and may be concurrently fined below RMB 30000 yuan;
  (4) is not in accordance with the relevant state regulations for the safe use of pesticides, pesticide use, according to the harm caused by the consequences, given a warning and may concurrently be fined 30000 yuan.
  Article 41 has one of the following ACTS, by the peoples governments at or above the provincial level industrial product license administration penalties shall be imposed according to the following provisions:
  (a) without permission, without authorization, pesticide production enterprises, or or pesticide production approval documents without pesticide production license, without authorization, in the production of pesticides, shall be ordered to stop production, confiscate the illegal income, impose fines of 1 times and 10 times the illegal income; No illegal income, and be fined not more than 100000 yuan;
  (2) according to the pesticide production license or not the provisions of the pesticide production approval documents in the production of pesticides, without authorization shall be ordered to stop production, confiscate the illegal income, impose a fine of one times more than five times the illegal income; No illegal income, and be fined not more than 50000 yuan; If the circumstances are serious, the original issuance agency revoke pesticide production license or pesticide production approval documents.
  Article 42.
  Counterfeit, fake, or transfer of pesticide registers card or pesticide registers card temporarily, pesticide registration number or pesticide registration number temporarily, pesticide production license approval document or pesticide production, pesticide production license or approval document number of the pesticide production, in accordance with the criminal law on the crime of illegal business or forging, altering, buying or selling certificates of a state organ documents, and seal the provisions of the crime shall be investigated for criminal responsibility according to law; Is not serious enough for criminal punishment, by the competent administrative department for agriculture capture or revoke pesticide registers card or pesticide registers card temporarily, capture or revoke by industrial product license management department of pesticide production license or pesticide production approval documents, by the competent administrative department for agriculture or industrial product license shall have his unlawful income confiscated, the administrative department may concurrently be fined 10 times the illegal income; No illegal income and may concurrently be fined 100000 yuan.
  Article 43.
  Fake pesticides, inferior in the production and operation of pesticides, in accordance with the criminal law on the production, sales, the crime of false and inferior product or production, sales and shoddy pesticide regulation, shall be investigated for criminal responsibility according to law; Is not serious enough for criminal punishment, by the competent administrative department for agriculture or laws, administrative rules and regulations of other relevant departments of the fake pesticides, sub-standard pesticides and the illegal income confiscated and concurrently be fined 1 times more than 10 times the illegal income; No illegal income, and be fined not more than 100000 yuan; If the circumstances are serious, revoked by the competent department of agriculture administration of pesticide registers card or pesticide registers card temporarily, by industrial product license approval revoked pesticide production license or pesticide production management files.
  Article 44.
  In violation of the industrial and commercial administrative laws and regulations, and production and management of pesticide, or violation of the provisions of the pesticide advertising management in accordance with the criminal law on the crime of illegal business or false advertising regulation, shall be investigated for criminal responsibility according to law; Is not serious enough for criminal punishment, by the administrative department for industry and commerce in accordance with the provisions of relevant laws and regulations to give punishment.
  Article 45 in violation of the provisions of these regulations, pesticide poisoning and environmental pollution, the adr caused by accident or other economic losses, shall be compensation according to law. Article 46
  In violation of the provisions of this ordinance, in the production, storage, transportation and use of pesticides in the process of a major accident, the person in charge directly responsible and other directly responsible personnel, in accordance with the provisions of the criminal law on dangerous goods accident, shall be investigated for criminal responsibility according to law; Not serious enough for criminal punishment shall be given administrative sanctions according to law.
  Article 47.
  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.
  Chapter 8 is attached
  Article 48.
  Concluded or participated by the Peoples Republic of China on international treaties related to pesticides and have different provisions of these regulations, the provisions of the international treaty shall apply; However, unless stated reservation clause of the Peoples Republic of China.
  Article 49 in this act shall take effect on May 8, 1997.

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