Pesticide Regulations
Chapter I General Provisions
In order to strengthen the production of pesticides, management and use of supervision and management to ensure the quality of pesticides, protection of agriculture, forestry production and ecological environment, safeguard human and animal safety regulations are formulated.
Article The term pesticide, is used to prevent, eliminate or control hazards in agriculture, forestry, disease, insects, grass and other pests as well as purposeful regulation of plant, insect growth of chemical synthesis or from biological and other natural a substance or substances in a mixture of several substances and preparations.
In the preceding paragraph include pesticides used for different purposes, places the following categories:
(A) prevent, eliminate or control hazards in agriculture, forestry, disease, insects (including insects, ticks, mites), grass and mice, molluscs and other harmful organisms;
(B) to prevent, eliminate or control storage diseases, insects, mice and other
Harmful biological;
(C) the regulation of plant, insect growth;
(D) for agriculture, preservation or preservation of forest products;
(E) prevent, eliminate or control mosquitoes, flies, cockroaches, rats and other pests;
(Vi) prevent, eliminate or control hazards river dams, railways, airports, buildings and other places of the pests.
The third production in the PRC, management and use of pesticides shall comply with the regulations.
The state shall encourage and support the development, production and use of safe, efficient and economical pesticides.
Agriculture under the State Council administrative department responsible for the national pesticide registration and pesticide supervision and administration. Provinces, autonomous regions and municipalities to assist the administrative department of agriculture department of agriculture administration department to do the administrative area of pesticide registration, and is responsible for the administrative area of supervision and management of pesticides. County government and cities divided into districts, autonomous prefectures and government agricultural administrative departments in charge of the administrative area of supervision and management of pesticides.
State Council administrative department responsible for the chemical industry the country's pesticide production overall planning, coordination, guidance, supervision and management. Provinces, autonomous regions and municipalities chemical industry administrative departments in charge of the administrative area of supervision and management of pesticide production.
Other people's governments at or above the county level departments in their respective areas of responsibility for the supervision and management of pesticides.
Chapter II Pesticide Registration
The State introduced pesticide registration system.
Production (including the original drug production, processing and packing preparations, the same below) of pesticides and pesticide imports must be registered.
Article the first time the production of first import of pesticides and pesticide registration, in accordance with the following three stages:
(A) field trials: apply for registration of pesticides, field test proposed by developer of applications for approval, before proceeding with field trials; field test phase of the pesticide may not be sold.
(B) temporary registration phase: the field test, demonstrate the need for field trials, test marketing of pesticides and in special circumstances need to use pesticides, apply for temporary registration by producers, agricultural administrative department of the State Council issued the temporary registration of pesticides only after the required field trials within the demonstration, test marketing.
(C) the official registration period: The field trial demonstration, the official circulation of commodities can serve as a test marketing of pesticides, application for official registration by the producer, the State Council administrative department of agriculture pesticide registration certificate issued only after production and sales.
Pesticide registration and pesticide registration temporary registration certificate should provide for the effective period; the expiry of the registration effective, need to continue production or to sell pesticide products to China, should be effective before the expiry of the registration application for renewal of registration.
The official registration and temporary registration of the pesticide registration within the time limit to change in dosage form, content or use of, to use, it shall apply for change of registration.
Article in accordance with the provisions of Article 7 of these Regulations apply pesticide registration, the developer of the producer or the sale of pesticides to the Chinese foreign enterprises should be the administrative department of agriculture to the State Council, or by provinces, autonomous regions and municipalities to the State Council administrative department of agriculture administrative department of agriculture pesticide samples, and in accordance with department of agriculture administration department under the pesticide registration requirements, to provide pesticide product chemistry, toxicology, efficacy, residue, environmental impact, labels and other information.
Department of agriculture administration department belongs to the pesticide responsible for the national certification agency specific pesticide registration. Provinces, autonomous regions and municipalities belong to the administrative department of agriculture pesticide institute to help make the administrative area of the specific pesticide registration.
Article IX of the State Council of agriculture, forestry, chemical industry, health, environmental protection, food sector and the National Supply and Marketing Cooperatives and other departments recommended pesticides and pesticide management expert technical experts to form the Pesticide Registration Evaluation Committee.
Pesticide application data were officially registered by the department of agriculture, chemical industry, health, environmental protection departments and the National Supply and Marketing Cooperatives to review and sign an opinion, by the Pesticide Registration Evaluation Committee of the pesticide product chemistry, toxicology, efficacy, residue, to evaluate the environmental impact. Pesticide Registration Evaluation Committee based on the evaluation, qualified by the State Council issued the administrative department of agriculture pesticide registration.
Article production of other manufacturers have the same registered pesticide products, and its producers should apply for pesticide registration, pesticide samples and the provisions of Article VIII of the Ordinance of information by the department of agriculture administration department in charge of pesticide registration certificate issued.
Chapter pesticide production
Article XI shall comply with national pesticide pesticide production industry in industrial policy.
Article XII of up pesticide production enterprises (including joint venture, set up branch and non-pesticide production enterprises to set up pesticide production plant), shall meet the following conditions, and by the business location of the provinces, autonomous regions, municipalities, chemical industry administrative examination and approval department, reported State Council approval of the administrative department of chemical industry; However, the laws, administrative regulations, the conditions for enterprises to set up and review or approval authority otherwise provided, shall apply:
(A) the production of pesticides compatible with the technical personnel and skilled workers;
(B) to adapt their production of pesticides, plant, production facilities and sanitation;
(C) of the national labor safety and hygiene standards of facilities and the corresponding labor safety and health management system;
(D) Product quality standards and product quality assurance system;
(E) the production of pesticides is made by law pesticide registration of pesticides;
(F) meet the requirements of national environmental protection facilities and measures for pollution prevention and pollutant emissions do not exceed national and local emission standards.
Pesticide manufacturers approved only after the industrial and commercial administrative organs shall apply to obtain a business license.
Article 13 The State permit system for the implementation of pesticide production.
Production of national standards or industry standards of pesticides, chemical industry should be to the State Council administrative department for Pesticide Production License.
Production has not yet developed national standards, industry standards but there are corporate standards of pesticides shall be approved by provinces, autonomous regions, municipalities, chemical industry administration department and consent of the State Council for approval of the administrative department of chemical industry, issued the approval document for Pesticide Production.
Article XIV shall be in accordance with pesticide pesticide manufacturer quality standards, technical regulations for production, production records must be complete and accurate.
Article XV pesticide product packaging must be labeled or accompanied by instructions. Should be close to or printed on the label on the packaging of pesticides. Instructions shall be indicated on the label or pesticide name, company name, product lot number and registration number of pesticides or pesticide temporary registration number, license number or pesticide production approval document for Pesticide Production and pesticide active ingredients, content, weight, product performance, toxicity, use, use of technology, use, production date, expiry date and precautions; pesticide-packing, packing units should also be noted.
Article XVI pesticide products before delivery, shall be subject to quality inspection and shall contain the product quality inspection certificates; do not meet quality standards, not the factory.
Chapter pesticide management
Article XVII The following units can operate pesticides:
(A) the supply and marketing cooperatives in agricultural production and business units;
(B) the Plant Protection Station;
(C) Soil and Fertilizer Station;
(D) agriculture, forestry technology promotion agency;
(E) forest pest control agency;
(F) pesticide manufacturers;
(G) State Council and other business units.
Management of pesticides are dangerous chemicals, it shall operate in accordance with relevant state regulations permit.
Article 18 of the pesticide business units shall meet the following conditions and relevant laws and administrative regulations of the conditions and according to the administrative authority for industry and commerce and obtain a business license only after the management of pesticides:
(A) the operation of its technical staff to adapt to pesticides;
(B) the pesticide and its business to adapt to business premises, equipment, storage facilities, safety precautions and environmental pollution control facilities and measures;
(C) of its business to adapt to the rules and regulations of pesticides;
(D) of the pesticide to adapt its business quality management system and management tools.
Article 19 The purchase of pesticides, pesticide business units, should be pesticide product label or instructions with the product, product quality certification verification, and quality inspection.
Prohibit the acquisition and sale of pesticides or pesticide-free temporary registration certificate, registration certificate, permit or no pesticide production approval document for Pesticide Production, no quality standards and product quality certification and inspection failed pesticides.
Diershitiao pesticide business units shall, in accordance with relevant state regulations do pesticide reserves.
Storage of pesticides should be established and implemented warehousing system to ensure quality and safety of pesticide products.
Twenty-one business unit sales of pesticides, pesticide, must ensure the quality, pesticide products and product labels or instructions, product quality certification should be verified.
Pesticide business units should use pesticides to the correct interpretation of the units and individuals to use pesticides, use, dosage, poisoning, first aid measures and precautions.
Article 22 Product quality assurance over the period of pesticide products, the provincial people's government administrative departments at agriculture pesticides institutes inspection standard, can be sold within the prescribed period; however, must be marked "Obsolete Pesticides" words, and shall contain the use and dosage.
Chapter pesticide use
Article 23 The people's governments at or above the county level administrative departments of agriculture should be based on "prevention, comprehensive prevention and control" of the plant protection policy, promoting a safe, efficient pesticides, training activities and increase their level of application techniques, and make pest forecasting work.
Article 24 Local people's governments above the county agricultural administrative departments shall strengthen the safe and rational use of pesticides for guidance, according to the regional agricultural diseases, insects, grass, the occurrence of rodents, the development of pesticide-use planning rotation, there are plans to rotation of the use of pesticides, reduce diseases, insects, grass, rat's resistance, improve the control effect.
Article 25 The use of pesticides shall comply with pesticide protective order, correct dispensing, application, good waste disposal and security, to prevent pollution of the environment of pesticides and pesticide poisoning.
Article 26 The use of pesticides shall comply with relevant state pesticide safety, rational use of the provisions, in accordance with the provisions of the dosage, the number of drugs, medication methods, and the interval of spraying, to prevent pollution and agricultural products.
Highly toxic, highly toxic pesticides shall not be used to control pests, not for vegetables, fruits, tea and Chinese medicinal herbs.
Article 27 The use of pesticides should be noted that protection of the environment, beneficial organisms and rare species.
Prohibited use of pesticides and fish, shrimp, birds, animals and so on.
Article 28 The forestry, food, health administrative departments shall strengthen the forestry, grain storage, safe use of pesticides health, rational use of guidance.
Other provisions of Chapter VI
Article 29 Any unit or individual may produce Pesticide Production License or without obtaining the approval document for Pesticide Production of pesticides.
No unit or individual may manufacture, operation, import or use of pesticides without obtaining the registration certificate or temporary registration of pesticides pesticides.
Import of pesticides shall comply with relevant state regulations, the owner or his agent shall present to the customs of its Chinese made pesticides or pesticide registration temporary registration certificate.
Article 30 prohibits the production, operation and use of fake pesticides.
The following pesticides false pesticides:
(A) non-pesticide or pesticides to such pesticides posing as posing as his pesticides;
(B) the active ingredient contained in the type, name and product label or instructions marked on the type of pesticide active ingredients, the name does not match.
第三十一条 ban on the production, operation and use of substandard pesticides.
Poor quality pesticides for the following pesticides:
(A) the pesticide product does not meet quality standards;
(B) lost the use of performance;
(C) mixed with lead to injury and other harmful ingredients.
Article 32 Prohibition on the packaging label or tag is not attached to incomplete and ambiguous pesticides.
Article 33 unregistered pesticides, prohibited published, broadcast, set up, posting ads.
Pesticide advertising content must be consistent with the pesticide registration, and advertising law and in accordance with national regulations on pesticides examined advertising management.
Article 34 The registration of pesticides found in the registration period for agriculture, forestry, human and animal safety, there are serious environmental harm, the Pesticide Registration Evaluation Committee for consideration by the department of agriculture administration department announced restrictions on use or revocation of registration.
Article 35 Any unit or individual may manufacture, operation and use of state banned the production or revoke the registration of pesticides.
Article 36 The people's governments at or above the county level shall make the amount of pesticide residues in agricultural products in the testing.
Article 37 prohibit the sale of pesticide residues in agricultural products exceeding the standard.
Article 38 dealing with fake pesticides, poor agricultural chemicals, scrap obsolete pesticides, banned pesticides, waste pesticides and pesticide packaging waste, must strictly abide by environmental laws and regulations of the relevant provisions to prevent pollution of the environment.
Chapter VII Penalty Provisions
Article 39 of the following acts by the administrative department of agriculture shall be punished in accordance with the following:
(A) Failure to obtain registration of pesticides or pesticide temporary registration certificate, unauthorized production, management of pesticides, or the production, management revoked the registration of pesticides, and ordered to stop production, operation, confiscate the illegal income, impose more than 10 times the illegal income times the fine; no illegal income, impose a fine of $ 100,000;
(B) Pesticide Registration Certificate or Temporary Pesticide Registration Certificate valid for the period expires without renewal of registration, without authorization to continue production of the pesticide, shall be ordered to go through the renewal procedure, confiscate the illegal income, you can five times the illegal income and impose a fine; no illegal income and may impose a fine of 50,000 yuan; fails to re-submit the original license issuing authority ordered to stop production, management, revocation of pesticide registration certificate or temporary registration of pesticides;
(C) the production, management did not attach labels on product packaging, labeling is unclear or incomplete without modification of the pesticide product labels, given a warning, confiscate the illegal income, you can three times the illegal income and impose a fine; no illegal income, may impose a fine of 30,000 yuan;
(D) is not in accordance with relevant provisions of the safe use of pesticides, the use of pesticides, according to the harm caused by the consequences, given a warning, may impose a fine of 30,000 yuan.
Of the preceding paragraph (d) above conduct constitutes a crime, be held criminally responsible.
Article 40 of the following acts, the provincial people's governments above the chemical industry administrative departments shall be punished according to the following:
(A) without approval, up pesticide manufacturers, or without obtaining the Pesticide Production License or approval document for Pesticide Production, produced without pesticides, and ordered to stop production, confiscate the illegal income, illegal income and impose a more than 10 times times fine; no illegal income, impose a fine of $ 100,000;
(2) failing to Pesticide Production License or approval document for Pesticide Production requirements, unauthorized production of pesticides, and ordered to stop production, confiscate the illegal income, times the illegal income and impose a fine of more than five times; no illegal income, impose a fine of 50,000 yuan; the circumstances are serious, the original issuing organ shall revoke the license or pesticide production approval document for Pesticide Production.
第四十一条 fake, forged or transfer of pesticide registration or temporary registration of pesticides, pesticide registration number or a temporary registration number of pesticides, Pesticide Production License or approval document for Pesticide Production, pesticide production license or approval document for Pesticide Production , and confiscated by the administrative department of agriculture or revoke the registration of pesticides or pesticide temporary registration certificate by the chemical industry or the administrative department for collection of Pesticide Production License or revoke the approval document for Pesticide Production, or by the administrative department of agriculture administration confiscated the chemical industry illegal income, you can 10 times the illegal income and impose a fine; no illegal gains, may impose a fine of $ 100,000; constitute a crime, be held criminally responsible.
Article 42 The production, management fake pesticides, low-quality pesticides, agricultural administrative departments or by the laws, administrative regulations and other relevant departments confiscated fake pesticides, low-quality pesticides and illegal income, illegal income and impose a ten times less fine; no illegal income, impose a fine of $ 100,000; serious, revoked by the administrative department of agriculture pesticide registration certificate or temporary registration of pesticides, chemical industry by the administration to revoke the license production of pesticides or pesticide production approval documents; constitute a crime shall be held criminally responsible.
Article 43 violation of industrial and commercial administrative laws and regulations, production, management of pesticides, or in violation of advertising regulations of pesticides, industrial and commercial administrative organs in accordance with relevant laws and regulations shall be punished.
Article 44 violation of these regulations, resulting in pesticide poisoning, environmental pollution, injury and other accidents or other economic losses, it shall be compensated.
Article 45 Whoever violates these regulations, in the production, storage, transportation, use of pesticides during a major accident, causing serious consequences, constitute a crime, the person in charge directly responsible and other persons directly responsible shall be investigated for criminal responsibility; yet does not constitute a crime, shall be given administrative sanctions.
Article 46 The management of pesticide abuse of authority, dereliction of duty, favoritism, bribery, a crime is constituted, criminal responsibility shall be; not constitute a crime shall be given administrative sanctions.
Chapter VIII Supplementary Provisions
Article 47 of the PRC has signed or acceded to international treaties relating to pesticides and different provisions of this Ordinance, applicable provisions of international treaties; However, except for the PRC has made reservations.
Article 48 These Regulations May 8, 1997 shall come into force.