Can the pesticide registration certificate be transferred?

Recently, the third consultation on the revision of the Regulations on Pesticide Management ended. It is said that the introduction of the new "Regulations" has entered the countdown. From the new policy of pesticide management, it can be seen that the requirements of the state on the management and access threshold of pesticide enterprises are improving. Within a month, people in the industry have expressed their opinions on the revision of the new regulations, and some large enterprises and associations have called for the inclusion of licensing terms for the transfer of pesticide registration certificates in the new regulations. People in the industry have different opinions and great differences. Enterprises believe that under the background of future industry integration, the process of merger and reorganization will inevitably involve the transfer of certificates of some small enterprises, while the current laws and regulations do not allow the transfer of pesticide registration certificates. Although pesticide registration certificate belongs to administrative license, it consumes a lot of manpower and material resources of enterprises, and also involves some patented technologies. It is an administrative license with intellectual property rights, which should be regarded as an intangible asset of an enterprise and should be transferable. Non-transfer is an obstacle. Allowing documents to circulate freely will greatly save the manpower, material resources and financial resources of enterprises, reduce environmental pollution and save social resources. At the same time, it will also help to establish an orderly exit mechanism for pesticide market elimination and help enterprises become bigger and stronger. At present, although packaging transfer is allowed, it cannot be split and transferred, and there is no clear stipulation in the new regulations. This is not conducive to corporate mergers and acquisitions. In addition, the new "Regulations" should refer to foreign practices and establish a pesticide registration certificate transaction transfer system. As long as the transferee uses the same process route and production conditions as the transferor when registering pesticides, the transfer can be implemented. In order to monitor the transfer of pesticide registration certificate, it must be approved by the Ministry of Agriculture, which can reduce the burden on enterprises, solve the integration and optimization of production factors after merger and acquisition, and improve the competitiveness of enterprises. According to the provisions of the Agricultural Law of People's Republic of China (PRC), the production and operation of agricultural means of production, such as pesticides, veterinary drugs, feed and feed additives, fertilizers, seeds and agricultural machinery, which may endanger the safety of people and animals, shall be registered or licensed in accordance with the provisions of relevant laws and administrative regulations. Pesticide registration is an administrative license, which is the confirmation and license of the qualification of the relevant units or departments to produce and operate a certain product by the state administrative organs. Registration is not only a kind of recognition, but also a kind of proof, which has a kind of proof, presumption and publicity power for the public. In accordance with the provisions of relevant laws and regulations, the administrative license obtained according to law may not be transferred, except that it can be transferred according to legal conditions and procedures as stipulated by laws and regulations. Pesticide registration is very strict, and only registered people can engage in the production of corresponding pesticide products. If the registrant allows other unregistered people to engage in the production of registered pesticides after obtaining the license, the quality of pesticides will be difficult to be guaranteed due to the differences in production environment, production equipment and production technology. The pesticide registration system formulated by the state will also exist in name only. Although the enterprise has spent a lot of manpower, material resources and financial resources, these are the preconditions for the enterprise to obtain the approval of pesticide production, the foundation for the existence of pesticide enterprises and the symbol that consumers agree with their products. Once the pesticide registration certificate can be freely transferred and circulated, it will inevitably lead to chaos in the pesticide market and rampant counterfeit and shoddy products. Therefore, the desire of enterprises for the circulation of pesticide registration certificates is understandable, but the law does not allow it. (Editor: Zhang