The state implements a pesticide registration system.
Production (including production of technical materials, preparation processing and sub-packaging, the same below) of pesticides and imported pesticides must be registered. The registration of pesticides produced for the first time in China and pesticides imported for the first time shall be carried out in accordance with the following three stages:
(1) Field test stage: For pesticides applying for registration, the developer shall submit an application for field test, and upon approval , field trials can be conducted; pesticides in the field trial stage are not allowed to be sold.
(2) Temporary registration stage: After field trials, the producers of pesticides that require field trial demonstrations and trial marketing, as well as pesticides that need to be used under special circumstances, shall apply for temporary registration, and shall be approved by the agricultural administration director of the State Council. After the department issues a temporary registration certificate for pesticides, field test demonstrations and trial sales can be conducted within the specified scope.
(3) Formal registration stage: Pesticides that can be circulated as official commodities after field test demonstrations and trial sales must be officially registered by their producers, and can only be issued a pesticide registration certificate by the agricultural administrative department of the State Council. Can be produced and sold.
The pesticide registration certificate and temporary pesticide registration certificate should specify the registration validity period; if the registration validity period expires and it is necessary to continue to produce or continue to sell pesticide products to China, an application for registration renewal shall be made before the registration validity period expires.
For formally registered or provisionally registered pesticides, if the dosage form, content, scope of use, or method of use is changed within the validity period of registration, an application for change of registration shall be made. When applying for pesticide registration in accordance with the provisions of Article 7 of these Regulations, its developers, producers or foreign enterprises selling pesticides to China shall apply to the agricultural administrative department of the State Council or to the agricultural administrative department of the State Council through the agricultural administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government. The administrative department shall provide pesticide samples and, in accordance with the pesticide registration requirements stipulated by the agricultural administrative department of the State Council, provide information on pesticide product chemistry, toxicology, efficacy, residues, environmental impact, labeling and other aspects.
The pesticide testing agency affiliated to the agricultural administrative department of the State Council is responsible for the specific registration of pesticides nationwide. The pesticide testing agencies affiliated to the agricultural administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall assist in the specific registration of pesticides within their respective administrative regions. Pesticide management experts and pesticide technical experts recommended by the State Council’s agriculture, forestry, industrial product licensing management, health, environmental protection, food departments and the National Supply and Marketing Cooperatives and other departments form the Pesticide Registration Review Committee.
After the application materials for formal registration of pesticides have been reviewed and signed by the State Council's agriculture, industrial product licensing management, health, and environmental protection departments and the National Supply and Marketing Cooperatives, the pesticide product chemistry will be reviewed by the Pesticide Registration Review Committee. , toxicology, efficacy, residues, environmental impact, etc. to make evaluations. According to the evaluation of the Pesticide Registration Review Committee, if the conditions are met, the agricultural administrative department of the State Council will issue a pesticide registration certificate. The state shall protect the undisclosed test data and other data submitted by the applicant for the first registration of a pesticide containing a new compound.
Within 6 years from the date of registration, if other applicants use the data in the preceding paragraph to apply for pesticide registration without the consent of the registered applicant, the registration authority will not register; however, other applicants shall submit Except for data obtained by itself.
Except for the following circumstances, the registration authority shall not disclose the data specified in paragraph 1:
(1) Public interest needs;
(2) Steps are taken to ensure that such information is not used improperly for commercial purposes.
To establish a pesticide production enterprise (including joint ventures, establishment of branch factories, and establishment of pesticide production workshops by non-pesticide production enterprises), the following conditions must be met, and after review and approval by the industrial product licensing management department of the province, autonomous region, or municipality where the enterprise is located, report to the State Council Industrial Products Approval by the licensing management department; however, if laws and administrative regulations have other provisions on the conditions for enterprise establishment and review or approval authorities, those provisions shall prevail:
(1) Have technical personnel suitable for the pesticides they produce and skilled workers;
(2) Have workshops, production facilities and sanitary environments suitable for the pesticides they produce;
(3) Have facilities that comply with national labor safety and health standards and corresponding labor safety and health management systems;
(4) There are product quality standards and product quality assurance systems;
(5) The pesticides produced are pesticide registered in accordance with the law Pesticides;
(6) Have pollution prevention and control facilities and measures that comply with national environmental protection requirements, and pollutant emissions do not exceed national and local emission standards.
After approval, a pesticide production enterprise can apply to the industrial and commercial administration authority for a business license in accordance with the law. The state implements a pesticide production licensing system.
Those who produce pesticides with national standards or industry standards must apply for a pesticide production license from the industrial product licensing management department of the State Council.
Producing pesticides for which national standards or industry standards have not yet been formulated but for which enterprise standards have been established must be reviewed and approved by the industrial product licensing management department of the province, autonomous region, or municipality directly under the Central Government, and then reported to the industrial product licensing management department of the State Council for approval and issuance. Provide pesticide production approval documents. The following units can sell pesticides:
(1) Agricultural production means operating units of supply and marketing cooperatives;
(2) Plant protection stations;
(3) Soil Fertilizer stations;
(4) Agriculture and forestry technology extension agencies;
(5) Forest pest control agencies;
(6) Pesticide production enterprises;
(7) Other business units specified by the State Council. If the pesticides sold are chemical dangerous goods, a business license must be obtained in accordance with relevant national regulations. A pesticide business unit shall meet the following conditions and the conditions stipulated in relevant laws and administrative regulations, and shall apply to the industrial and commercial administration authorities for a business license in accordance with the law before it can sell pesticides:
(1) There are pesticides it sells Appropriate technical personnel;
(2) Having business premises, equipment, storage facilities, safety protection measures and environmental pollution prevention and control facilities and measures suitable for the pesticides it handles;
(3) Have rules and regulations suitable for the pesticides it handles;
(4) Have quality management systems and management methods suitable for the pesticides it handles. When a pesticide business unit purchases pesticides, it shall check the pesticide products with product labels or instructions, and product quality certificates, and conduct quality inspections.
It is prohibited to purchase and sell pesticides without pesticide registration certificate or temporary pesticide registration certificate, without pesticide production license or pesticide production approval document, without product quality standards and product quality certificates, and without inspection. Pesticide business units shall carry out pesticide reserve work in accordance with relevant national regulations.
To store pesticides, a storage and storage system should be established and implemented to ensure the quality and safety of pesticide products. Pesticide business units must ensure quality when selling pesticides. Pesticide products, product labels or instructions, and product quality certificates must be checked for accuracy.
Pesticide business units shall correctly explain the purpose, usage method, dosage, poisoning first aid measures and precautions of pesticides to units and individuals using pesticides. The use of pesticides should comply with national regulations on the safe and rational use of pesticides, and apply pesticides in accordance with the prescribed dosage, frequency, method and safety interval to prevent contamination of agricultural and sideline products.
Highly toxic and highly toxic pesticides must not be used to prevent and control sanitary pests, and must not be used on vegetables, fruits, tea and Chinese herbal medicines. When using pesticides, care should be taken to protect the environment, beneficial organisms and rare species.
It is strictly forbidden to use pesticides to poison fish, shrimps, birds, animals, etc.
No unit or individual may produce pesticides without a pesticide production license or pesticide production approval document.
No unit or individual may produce, operate, import or use pesticides that have not obtained a pesticide registration certificate or a temporary pesticide registration certificate.
Imported pesticides must comply with relevant national regulations. The owner or his agent must present the Chinese Pesticide Registration Certificate or Pesticide Temporary Registration Certificate to the customs. The production, operation and use of fake pesticides is prohibited.
The following pesticides are fake pesticides:
(1) Non-pesticides are used as pesticides, or pesticides are used as pesticides of other species;
(2) All The types and names of active ingredients are inconsistent with the types and names of pesticide active ingredients indicated on the product label or instructions. The production, operation and use of inferior pesticides is prohibited.
The following pesticides are inferior pesticides:
(1) Do not meet pesticide product quality standards;
(2) Lose their effectiveness;
(3) Mixed with harmful ingredients such as phytotoxicity. It is prohibited to publish, broadcast, set up or post advertisements for unregistered pesticides.
Pesticide advertising content must be consistent with the content of pesticide registration, and shall be reviewed in accordance with the Advertising Law and national regulations on pesticide advertising management. Anyone who commits any of the following acts shall be investigated for criminal liability in accordance with the provisions of the Criminal Law on the crime of illegal business operations or the crime of causing accidents caused by dangerous goods; if it is not enough for criminal punishment, the administrative department of agriculture shall impose penalties in accordance with the following provisions:
(1) Anyone who produces or operates pesticides without obtaining a pesticide registration certificate or temporary pesticide registration certificate, or who produces or operates pesticides whose registration has been revoked, shall be ordered to stop production and operation, his illegal gains shall be confiscated, and he shall be fined 10 times or more of the illegal gains. A fine of not more than 100,000 yuan; if there is no illegal income, a fine of not more than 100,000 yuan shall be imposed;
(2) The pesticide registration certificate or temporary pesticide registration certificate has expired without renewal registration, and continues to produce the pesticide registration certificate without authorization For pesticides, it shall be ordered to go through the renewal procedures within a time limit, the illegal gains shall be confiscated, and a fine of not more than 5 times of the illegal gains may be imposed; if there is no illegal gains, a fine of not more than 50,000 yuan may be imposed; if the renewal is not done within the time limit, the original issuing authority shall Order to stop production and operation, and revoke the pesticide registration certificate or temporary pesticide registration certificate;
(3) Producing or operating pesticide products without labels on product packages, with incomplete and unclear labels, or with unauthorized modification of label contents. Give a warning, confiscate the illegal income, and may also impose a fine of not more than three times the illegal income; if there is no illegal income, may also impose a fine of not more than 30,000 yuan;
(4) Failure to comply with national regulations on the safe use of pesticides If pesticides are used according to the regulations, a warning will be given based on the harmful consequences caused, and a fine of not more than 30,000 yuan may be imposed. Anyone who commits any of the following acts shall be punished by the industrial product licensing management department of the people's government at or above the provincial level in accordance with the following provisions:
(1) Setting up a pesticide production enterprise without authorization, or failing to obtain a pesticide production license Anyone who produces pesticides without a license or pesticide production approval document without authorization shall be ordered to stop production, the illegal income shall be confiscated, and a fine of not less than 1 time but not more than 10 times of the illegal income shall be imposed; if there is no illegal income, a fine of not more than 100,000 yuan shall be imposed;
(2) Anyone who produces pesticides without authorization in accordance with the provisions of the pesticide production license or pesticide production approval document shall be ordered to stop production, the illegal income shall be confiscated, and a fine of not less than 1 time but not more than 5 times of the illegal income shall be imposed; there is no violation of law Any income obtained shall be subject to a fine of not more than 50,000 yuan; if the circumstances are serious, the pesticide production license or pesticide production approval document shall be revoked by the original issuing authority. These Regulations shall come into effect on November 29, 2001.