Pesticide registration certificate is the certification document that the national statutory authority allows pesticide enterprises to produce and sell their pesticide products. 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. Legally speaking, it is an exceptional administrative license and franchise. Registration certificate consumes a lot of manpower and material resources of enterprises, which also involves some patented technologies. It is an administrative license with intellectual property rights and can be used as an intangible asset of an enterprise. Although intellectual property, as another kind of "property right", enjoys the right of transfer. However, unlike intellectual property rights, pesticide registration certificates are not transferable.
Legal basis for non-transfer of pesticide registration certificate
1. According to the characteristics of pesticide registration, it is an administrative license. According to Article 25 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 subject to a registration or licensing system in accordance with the provisions of relevant laws and administrative regulations; Article 2 1 of the Law on the Quality and Safety of Agricultural Products stipulates that "a licensing system shall be implemented for pesticides, veterinary drugs, feed and feed additives, fertilizers and veterinary drug devices that may affect the quality and safety of agricultural products in accordance with the provisions of relevant laws and administrative regulations"; Article 6 of the Regulations on Pesticide Management stipulates that "the state implements a pesticide registration system, and the production of pesticides and imported pesticides (including raw material drug production, preparation processing and sub-packaging, the same below) must be registered". Therefore, pesticide registration is an administrative license.
2. The pesticide registration certificate is not transferable according to the law. According to Article 9 of the Administrative Licensing Law, "an administrative license obtained according to law shall not be transferred except in accordance with legal conditions and procedures stipulated by laws and regulations". The Regulations on Pesticide Management not only does not stipulate that the pesticide registration certificate can be transferred, but also sets penalties for the transfer.
However, if a pesticide production enterprise changes its name due to merger or division and requests to change the name of the production enterprise on the pesticide registration certificate, it does not belong to the transfer of the pesticide registration certificate.
Legal liability for illegal transfer of pesticide registration certificate
Article 80 of the Administrative Licensing Law stipulates that "if the licensee alters, sells, rents or lends the administrative license certificate, or illegally transfers the administrative license in other forms, the administrative organ shall give administrative punishment according to law; If it constitutes a crime, criminal responsibility shall be investigated according to law. " Article 42 of the Regulations on Pesticide Management stipulates that "anyone who illegally transfers the pesticide registration certificate (No.) or the temporary pesticide registration certificate (No.) shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of illegal business operation or the crime of forging, altering or buying or selling official documents, certificates and seals of state organs.
Article 280 of the Criminal Law stipulates that "whoever forges, alters, buys or sells or steals, seizes or destroys official documents and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. "
Consequences caused by free transfer of pesticide registration certificate
Although many enterprises think that we should refer to foreign practices and establish a transaction transfer system of pesticide registration certificates to allow free transfer and circulation of certificates. On the one hand, it can reduce the burden on enterprises, solve the integration and optimization of production factors after mergers and acquisitions, and improve the competitiveness of enterprises. On the other hand, it can reduce environmental pollution and save social resources.
However, we have to consider that once the pesticide registration certificate can be freely transferred and circulated, it will inevitably lead to chaos in the pesticide market. Because pesticide registration has a strong humanization, only registered personnel can engage in the production of corresponding pesticide products. Although enterprises spend a lot of manpower, material resources and financial resources, these are the prerequisites for enterprises to obtain approval for pesticide production and the foundation for the existence of pesticide enterprises. If a registrant obtains a pesticide registration certificate and transfers it to an unregistered enterprise, it will become a sign that consumers agree with their products, and then fake and shoddy products will run rampant. Moreover, if the unit that has obtained the registration certificate allows other personnel who have not obtained the registration certificate to engage in the production of corresponding pesticides, 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.
Transferred from: author HSF center
Please contact me if you have any questions about the overseas registration of Huace Ourui professional pesticides.