Pesticide regulations implementing measures (December 8, 2007, the Ministry of Agriculture Decree No. 9 of 2007 Amendment)

April 27, 1999 by the Ministry of Agriculture Ministry executive meeting, the Ministry of Agriculture Order No. 20 issued since July 23, 1999 shall come into force. July 27, 2002, Order of the Ministry of Agriculture No. 18 revised. July 1, 2004, the Ministry of Agriculture Decree No. 38 revised. December 8, 2007, the Ministry of Agriculture Decree No. 9 of 2007 amendments.

Chapter I General Provisions

The first order to ensure "Pesticide Management Regulations" (hereinafter referred to as the "Ordinance") implementation, strengthen the pesticide registration, management and use of supervision and management, pesticide industry to promote technological progress, to ensure the stable development of agricultural production and protecting the environment, protect human and animal safety, according to the "Regulations" of the relevant provisions of the enactment of this implementation.

Ministry of Agriculture is responsible for the second national pesticide registration, use, and supervision and management, responsible for or involved in the development of safe use of pesticides, pesticide product quality and pesticide residues in national or industrial standards.

Provinces, autonomous regions and municipalities to assist the administrative department of agriculture, the Ministry of Agriculture to do the administrative area of ​​pesticide registration, pesticide responsible for the administrative area of ​​pesticide application developers and producers of field trials and temporary registration in the first instance, and is responsible for the administration area supervision and management of pesticides.

County and city districts, Autonomous Region People's Government administrative departments responsible for agriculture within the administrative supervision and management of pesticides.

Article Ministry of Agriculture is responsible for the specific country's pesticide registration. Provinces, autonomous regions and municipalities belong to the administrative department of agriculture pesticide certification agencies to help make the administrative area of ​​the specific pesticide registration.

Article agricultural administrative departments at all levels, when necessary, according to the conditions meet the statutory body entrusted the implementation of supervision and management of pesticides. Commissioned by the unit shall not engage in business activities of pesticides.

Chapter II Pesticide Registration

Article V of the test units in pesticide registration certification system.

Ministry of Agriculture is responsible for organizing the registration of pesticide efficacy trials unit, pesticide residue testing unit registration, the registration of pesticide toxicology test units and test units of the environmental impact of pesticide registration certification and issue certification.

Certified pesticide registration test units shall be subject to provincial agricultural authority over the supervision and management.

Article VI Department of Agriculture to develop and publish "pesticide registration requirements."

Pesticide application developers and producers of field trials of pesticides and pesticide registration, shall "pesticide registration requirements" to provide relevant information.

Article shall apply for field trials of new pesticides, provisional registration and full registration.

(A) field trials

Developer of pesticides in field trials in China, should be approved by the local administrative departments at provincial agricultural pesticide institutes of first instance, apply to the Ministry of Agriculture, the Ministry of Agriculture to review the application materials. After examination and approval, the developer of pesticides, pesticide field trials approved by the certificate holders to obtain certification and registration of pesticides efficacy test test units have signed the contract, the test shall be in accordance with "guidelines for field trials of pesticides," implementation.

Administrative departments at provincial agricultural pesticide certification agency field trials in the first instance, developer of pesticides should be paid in full within one month from the date of the information to complete.

Outside Hong Kong, Macao and Taiwan developer of the field test of pesticide applications for data review by the Ministry of Agriculture.

Ministry of Agriculture should be paid in full from the developer of pesticide data organization within three months from the date of completion of field test data review.

(B) temporary registration

Field trials, the need for demonstration test (area over 10 hectares), test marketing, and in exceptional circumstances require the use of pesticides, their producers must apply for temporary registration of the original drugs and formulations. Application for registration should be approved by the local administrative departments at provincial agricultural pesticide certification body of first instance, the Ministry of Agriculture to apply for temporary registration from the Ministry of Agriculture conducted a comprehensive evaluation of the application data, temporary registration of pesticides by the jury panel, meet the conditions issued by the Ministry of Agriculture, the original drug and pesticide formulations temporary registration certificate.

Administrative departments at provincial agricultural pesticide certification agency for temporary registration in the first instance, should be paid in full in the pesticide producer information within one month from the date of completion.

Outside Hong Kong, Macao and Taiwan Ministry of Agriculture pesticide producers to apply for temporary registration, the application data from the 农药检定所 review.

Ministry of Agriculture set up temporary registration of pesticide review committee, elected for a term of three years. Pesticide Registration Evaluation Committee temporary one to two months to convene a plenary session. Pesticide Registration Evaluation Committee of the temporary daily work commitment by the Ministry of Agriculture.

Ministry of Agriculture should be paid in full from pesticide producers, information organized and completed within three months from the date of temporary registration review.

Pesticide temporary registration certificate valid for one year, renewal, the cumulative period not exceeding three years.

(C) official registration

After a demonstration test, test marketing can be used as the official circulation of commodities for pesticides, its producers accountable to the Ministry of Agriculture official made the original drug substance and drug registration by the Ministry of Agriculture to review the application materials by the department of agriculture, chemicals, health, environment protection department and the National Supply and Marketing Cooperatives to review and sign an opinion, by the Pesticide Registration Evaluation Committee to conduct a comprehensive evaluation, meet the conditions issued by the former Ministry of Agriculture Pesticide Registration Certificate drugs and formulations.

Apply for official registration of pesticides, pesticide producers, should provide more than two different natural conditions, regional demonstration test results. Demonstration test by the provincial agriculture and forestry administrative department of technology to promote their respective departments.

Ministry of Agriculture Pesticide Registration Evaluation Committee was established, comprising agriculture, toxicology, environmental, industrial and other professional groups. Pesticide Registration Evaluation Committee term of three years, convene a plenary session and one to the second chairman of the meeting. Pesticide Registration Evaluation Committee of the daily commitment by the Ministry of Agriculture.

Ministry of Agriculture should be paid in full data from pesticide producers, within one year from the date of the organization to complete the official registration review.

Pesticide Registration Certificate valid for five years, you can renew.

Article by the official registration and temporary registration of pesticides in the registration within the time limit, the same or different manufacturers change formulations manufacturers, content (ratio) or use of, use, and pesticide producers should apply for field trials, change of registration.

Field trials, change of registration application and approval process with the "Implementation Measures" Article 7 (a) and (b).

Changes, including change of registration and official registration of temporary registration changes were temporary registration certificate issued pesticides and pesticide registration.

Article IX of the production of other manufacturers have the same registered pesticides, pesticide producers should apply for field trials, change of registration, the application and approval process with the "Implementation Measures" Article 7 (a) and (b).

To obtain registration for the first time, the new compounds containing pesticide registration data submitted by the applicant, in accordance with "pesticide regulations," the provisions of Article X to be protected.

Application for registration of pesticide products registered product quality and no significant difference in the first, in the first to obtain a full six years from the date of registration, the manufacturers agreed to by the first registration, pesticide producers may use some of its original drug preparation data and information; in first to obtain a full six years from the date of registration, the pesticide producers may be exempted from part of the original drug preparation data and information.

Article producers should apply for packing of pesticides registered pesticide-packing, repackaging of pesticides must be in original packaging pesticide had been registered in China. Application for registration of pesticide-packing, shall be subject to pesticide producers, the provincial agricultural administrative departments at institutes of first instance of pesticides, the Ministry of Agriculture, by the 农药检定所 review of application materials. After examination and approval, issued by the Department of Agriculture Pesticide temporary registration certificate, registration certificate valid for one year, with the original factory packaging product registration renewal period.

Ministry of Agriculture should be paid in full from pesticide producers, information organized and completed within three months from the date of packing registration review.

Article XI passes the examination of pesticide registration, the Ministry of Agriculture should review whether the decision within 10 days after the end of the temporary registration certificate issued by pesticides or pesticide official registration certificate.

Article XII of pesticide registration, pesticide temporary registration certificate and certificate of approval of pesticide field trials using the "Ministry of Agriculture Pesticide approval seal."

Article XIII name of the pesticide is the common name of pesticides or simplify the common name, the direct use of health pesticide formulations in order to function as the product described in words and names. Name of the pesticide registration and use of management approval of the specific regulations will be forthcoming.

Pesticides and simplify the common name common name shall apply for registration as trademarks.

Article XIV of pesticides to be renewal of the temporary registration certificate, registration certificate should be made one month before the expiration of the registration renewal application; pesticide registration certificate to be renewed, it should be in the registration expired registration renewal three months ago . Late application, it shall re-register. On the admissibility of provisional registration and full registration renewal application, the Ministry of Agriculture within 20 working days to decide whether to renew the registration, but not including the time expert review.

Article XV to obtain pesticide registration certificate or temporary registration certificate of the pesticide pesticide manufacturers shut down for some reason, it shall within one month after the company shut down the Ministry of Agriculture Pesticide Registration Certificate or return the temporary registration of pesticides. Overdue, and by the Ministry of Agriculture announced the withdrawal of registration.

Article XVI case of urgent need, for some unregistered pesticides, some have banned or restricted pesticides, the Ministry of Agriculture approved in consultation with relevant departments in a certain range, within a certain period of use and temporary imports.

Article XVII of pesticide registration department and its staff have the responsibility for the applicant to provide information and samples conservative technological secrets.

Article 18 The Ministry of Agriculture Pesticide Registration Notice issued regularly.

Article 19 should be designated professional pesticide producers, department or person responsible for pesticide registration. Provincial agricultural administrative departments at the institution shall apply for certification of pesticide registration staff operational guidance accordingly.

Diershitiao for pesticide registration trial (efficacy, residues, toxicity, environmental) should provide a representative sample, and pay testing fee. Test sample shall be subject to legal confirmation sample quality testing organizations active ingredient and its content in line with the marked value before the test.

 

Chapter pesticide management

Twenty-one agricultural supply and marketing cooperatives operating units of production, plant protection station, soil nutrients stations, agriculture, forestry technical extension services, forest pest and disease control agencies, pesticide manufacturers, and the State Council and other units can operate pesticides.

Farm Systems business unit of agricultural production, agricultural technology promotion units, in accordance with the principle of direct supply can operate pesticides; food storage system trading companies, warehousing companies, specializes in grain storage, granaries required pesticide business units, can operate Grain with a pesticide.

Merchandise, household goods, supermarkets or specialty shops can operate household pest control pests and pesticides cloth.

Article 22 shall not operate the following business units pesticide pesticides:

(A) No pesticide registration certificate or temporary registration of pesticides, pesticide-free production license approval or production of documents made without pesticides, product quality standards;

(B) No pesticide registration certificate or temporary registration of pesticides imported pesticides;

(C) No product quality certification and inspection failed pesticides;

(D) expired without the effective use of pesticides;

(E) no tag or label incomplete unclear pesticides;

(F) revoke the registration of pesticides.

Article 23 of the operating business units pesticide pesticides should be carried out or commissioned by quality inspection.

Article 24 of the pesticide business units selling pesticides to farmers, pesticide use should be provided with technical and safety precautions and other services.

 

Chapter pesticide use

Article 25 The administrative departments of agriculture at all levels of agricultural extension and the respective departments should implement the "prevention, comprehensive prevention and control" of the plant protection policy, according to the administrative area of ​​disease, insects and weeds, rodents occur, raised Pesticide annual demand planning, production and marketing of pesticides for the national authorities to provide the basis for macro-control.

Article 26 The agricultural extension departments at all levels should guide farmers in accordance with "the safe use of pesticide regulations" and "rational use of pesticides guidelines" and other relevant provisions of the use of pesticides, to prevent pesticide poisoning and injury accidents.

Article 27 The administrative departments of agriculture at all levels of agricultural extension and the respective departments should make use of pesticide science knowledge and technology and security training.

Article 28 pesticide users should confirm the clear labeling of pesticides, pesticide registration number or a temporary registration number of pesticides, pesticide production license number or the approval document for full production only after the use of pesticides.

Pesticide users should be in strict accordance with product labeling requirements of the dose, control objects, use, application suitable period, pesticide precautions, are not free to change.

Article 29 at all levels of agricultural extension departments should vigorously promote the use of safe, efficient and economical pesticide. Highly toxic, highly toxic pesticides shall not be used to control pests, not for melons, vegetables, fruit, tea, herbs and other materials.

Article 30 to a planned rotation of pesticide use, reduce diseases, insects, grass, rat's resistance, improve the control effect, provinces, autonomous regions and municipalities agricultural administrative department of the Ministry of Agriculture agreed to review in a certain area restrict the use of certain pesticides.

 

Chapter pesticide monitoring

第三十一条 agricultural administrative departments at all levels with a certain number of pesticides should be law enforcement officers. Pesticide law enforcement officers should have appropriate professional qualifications and work in more than three years of pesticide technician or manager, passed the examination by the relevant training to obtain law enforcement cards and certificates.

Article 32 The administrative departments of agriculture right in accordance with regulations on the area of ​​pesticide production, pesticide management and use of unit regular and irregular supervision, inspection, if necessary, take samples in accordance with regulations and obtain information, relevant units and individuals shall not be refused to hide.

Production of pesticides pesticides law enforcement officers, business units of the confidential technical information, should bear the duty of confidentiality.

Article 33 of fake pesticides, pesticides need to be destroyed low-grade, and must strictly abide by environmental laws and regulations of the relevant provisions of the pesticide in accordance with procedures for safe handling of waste, prevent pollution of the environment; to have use value, shall be subject to provincial agricultural administrative departments at institutes of pesticide testing, if necessary, to go through field trials, formulation and dosage to use.

Article 34 to prohibit the sale of pesticide residues in agricultural products exceeding the standard. Agricultural administrative departments above the county level should make the detection of pesticide residues in agricultural work.

Article 35 Pesticide advertising content must be consistent with the pesticide registration, pesticide advertising through the examination and approval before release. Pesticides in accordance with the review of advertising, "Advertising Law" and "pesticide Advertising Review" implementation.

By focusing on advertising and media release of pesticides outside Hong Kong, Macao and Taiwan, pesticide products, advertising, responsible for review by the Department of Agriculture. Other ads from advertisers provincial agricultural administrative departments responsible for the review. Advertising Review specific work by the Ministry of Agriculture and administrative departments at provincial agricultural pesticide certification agencies.

Article 36 The administrative departments of agriculture at all levels shall promptly report to the higher administrative department of agriculture occurred in the administrative area of ​​the major pesticide cases the situation.

 

Chapter VI Penalty Provisions

Article 37 for failure to obtain temporary registration of pesticides and pesticide-packing without authorization by the competent agricultural administrative department shall order to stop packing the production, confiscate the illegal income, times the illegal income and impose a fine of more than five times; no illegal income and impose a fine of 50,000 yuan.

Article 38 of the production, management fake pesticides, low-quality pesticides, agricultural administrative departments or by the laws, administrative regulations and other relevant departments, shall be punished according to the following:

(A) the production, operation fake pesticides, the poor quality of the total amount of pesticide active ingredient 30% below quality standards (including 30%) or mixed with lead to injury and other harmful ingredients, the confiscation of fake pesticides, low-quality pesticides and illegal income, and five times the illegal income of more than 10 times the fine; no illegal income, impose a fine of 100,000 yuan.

(B) the production, management of pesticide active ingredients inferior product quality standards lower than the total content of 70% (including 70%) but higher than 30%, or product standards in the emulsion stability, suspension rates and other important indicators of a serious failure of the auxiliary, poor-quality pesticides and illegal income confiscated, three times the illegal income and impose a fine of more than five times; no illegal income, impose a fine of 50,000 yuan.

(C) the production, management of pesticide active ingredients inferior product quality standards higher than the total content of 70%, or by product standards have an important secondary target or two targets failed more than an auxiliary, low-quality pesticides and illegal income confiscated, and times the illegal income shall be imposed for more than three times; no illegal income, impose a fine of 30,000 yuan.

(D) the production, management of pesticide product weight (capacity) is less than indicated value, and negative deviation of more than allowed, substandard products and illegal income confiscated, times the illegal income and impose a fine of more than five times; no illegal income , a fine of 50,000 yuan.

Production, management fake pesticides, poor pesticide units, administrative departments of agriculture or in the laws, administrative regulations and other relevant departments under the supervision, responsible for the disposal of the fake pesticides, low-grade pesticide, the economic losses caused by delays in processing by the production, poor fake pesticides and pesticide management unit commitment.

Article 39 of the operator is not marked "Obsolete Pesticides" word more than product quality guarantee period of pesticide products, and by the administrative department of agriculture to give a warning, confiscate the illegal income, you can three times the illegal income and impose a fine; no illegal income, and impose a fine of 30,000 yuan.

Article 40 permits the collection or revoke the registration of pesticides or pesticide temporary registration certificate by the Ministry of Agriculture's decision to make.

Article 41 The "implementation measures" referred to "illegal proceeds" refers to the illegal production, management of pesticide sales.

Article 42 The administrative departments of agriculture at all levels to implement the administrative penalty shall be in accordance with "Administrative Punishment Law," "procedural requirements for administrative penalties of Agriculture" and other laws and departmental rules and regulations.

Article 43 The management of pesticide abuse of authority, dereliction of duty, favoritism, bribery, a crime is constituted, criminal responsibility shall; not constitute a crime, shall be given administrative sanctions.

 

Chapter VII Supplementary Provisions

Article 44 of the "Regulations" of the alleged pesticide explained as follows:

(A) "Regulations" section (a) prevent, eliminate or control hazards in agriculture, forestry, disease, insects (including insects, ticks, mites), grass and mice, molluscs and other harmful organisms is the agriculture, forestry, animal husbandry , fisheries planting for the control of plant diseases, insects (including insects, ticks, mites), grass and rats, molluscs and other harmful organisms.

(B) "Regulations" section (c) is a plant growth regulator on plant growth and development (including germination, growth, flowering, fertilization, fruit, ripe and shedding process) can inhibit, stimulate and promote the role of such biological or chemical agents; by providing plant nutrients enhance plant growth, application of other provisions.

(C) "Regulations" (5) of the prevention, elimination or control mosquitoes, flies, cockroaches, rats and other pests is used for prevention and treatment of people living in the environment and agriculture, forestry, aquaculture industry for the control of animal life, sanitation pests.

(D) the use of genetic engineering technology into the disease, insects and weeds in the genome the foreign gene to change the composition of agricultural biotechnology, for "regulations" and the "Implementation Measures."

(E) for the prevention and control "regulations" referred to in Article II of the commercial natural enemies of pest organisms, for "regulations" and the "Implementation Measures."

(Vi) Pesticides and fertilizers and other substances in the mixture, for "regulations" and the "Implementation Measures."

Article 45 of the "Implementation Measures" is defined as the following terms:

(A) the new pesticide containing the active ingredient is not approved in our domestic and international pesticide registration and formulation.

(B) refers to new formulations containing the active ingredient and has registered over the same, and dosage form, content (ratio) has not yet been registered in our preparations.

(C) the scope and methods of use of the new registration is the active ingredient and formulations have been registered with the same, but the scope and methods used in China is not yet registered before.

Article 46 shall not apply seed processing companies not registered or false, bad seed coating for seed coating. Violation of regulations, pesticide behavior by illegal business deal.

Article 47 of China as a pesticide the International Covenant on Prior Informed Consent Procedure (PIC) member countries to undertake commitments to international obligations relating to specific matters undertaken by the Ministry of Agriculture.

Article 48 of the "implementation measures" by the Ministry of Agriculture is responsible for interpretation.

Article 49 of the "Implementation Measures" Since the release date of implementation. All with the "Regulations" and the "implementation measures" contrary to the provisions of all the "Regulations" and the "Implementation Measures" shall prevail.

  

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