The "Fertilizer Registration and Management Measures" are to strengthen fertilizer management, protect the ecological environment, ensure the safety of humans and animals, and promote agricultural production. According to the "Agricultural Law of the People's Republic of China" and other laws and regulations. Fertilizers as mentioned in these Measures refer to organic, inorganic, microbial and biological materials used to provide, maintain or improve plant nutrition and soil physical and chemical properties and biological activity, which can increase the yield of agricultural products, improve the quality of agricultural products, or enhance plant stress resistance. Its mixed materials.
1. Fertilizer Registration and Management Measures
1. Chapter 1 (General Provisions)
Article 1: In order to strengthen fertilizer management, protect the ecological environment, and protect humans and animals These measures are formulated in accordance with the Agricultural Law of the People's Republic of China and other laws and regulations to ensure safety and promote agricultural production.
Article 2: The production, operation, use and promotion of fertilizer products within the territory of the People’s Republic of China must comply with these Measures.
Article 3: Fertilizers as mentioned in these Measures refer to those used to provide, maintain or improve plant nutrition and soil physical and chemical properties and biological activity, which can increase the yield of agricultural products, improve the quality of agricultural products, or enhance Organic, inorganic, microbial and mixed materials for plant stress resistance.
Article 4: The state encourages the development, production and use of safe, efficient and economical fertilizer products.
Article 5: A fertilizer product registration and management system shall be implemented. Unregistered fertilizer products shall not be imported, produced, sold and used, and shall not be advertised.
Article 6: Fertilizer registration is divided into two stages: temporary registration and formal registration:
(1) Temporary registration: after field testing, field demonstration testing and trial marketing are required For fertilizer products, producers should apply for temporary registration.
(2) Formal registration: For fertilizer products that can be circulated as official commodities after field demonstration tests and trial sales, producers should apply for formal registration.
Article 7: The Ministry of Agriculture is responsible for the national fertilizer registration, supervision and management. The agricultural administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall assist the Ministry of Agriculture in the fertilizer registration work within their respective administrative regions. The agricultural administrative departments of local people's governments at or above the county level are responsible for the supervision and management of fertilizers within their respective administrative regions.
2. Chapter 2 (Registration Application)
Article 8: Any fertilizer producer with industrial and commercial registration and independent legal person status may submit an application for fertilizer registration.
Article 9: The Ministry of Agriculture formulates and publishes the "Fertilizer Registration Data Requirements". Fertilizer producers applying for fertilizer registration should provide information on product chemistry, fertilizer efficiency, safety, labeling and other aspects as well as representative fertilizer samples in accordance with the "Fertilizer Registration Information Requirements".
Article 10: The Planting Industry Management Department of the Ministry of Agriculture is responsible or entrusted with handling fertilizer registration and acceptance procedures, and reviewing whether the registration application materials are complete. When domestic producers apply for temporary registration of fertilizers, their application registration materials should be initially reviewed by the provincial agricultural administrative department where they are located, and then submit an application to the Planting Industry Management Department of the Ministry of Agriculture or its entrusted unit.
Article 11: Before applying for temporary registration of fertilizers, producers must conduct standardized field tests in China. Before producers apply for formal registration of fertilizers, they must conduct standardized field demonstration tests in China. For product types that have national standards or industry standards, or that are recommended by the Fertilizer Registration Review Committee and are recognized by the Ministry of Agriculture, field tests and/or field demonstration tests can be exempted accordingly.
Article 12: Field tests of fertilizer products other than microbial fertilizers produced by domestic producers shall be undertaken by test units recognized by the agricultural administrative departments at or above the provincial level and shall issue test reports; microbial fertilizers, foreign As well as field tests of fertilizer products produced by producers in Hong Kong, Macao and Taiwan, the test units recognized by the Ministry of Agriculture are responsible for undertaking and issuing test reports. Field demonstration tests of fertilizer products shall be undertaken by test units recognized by the Ministry of Agriculture and shall issue test reports.
When identifying experimental units, agricultural administrative departments at or above the provincial level should adhere to the principle of fairness and comprehensively consider agricultural technology promotion, scientific research, and teaching experimental units. The recognized experimental units shall be subject to the supervision and management of the agricultural administrative departments at or above the provincial level. The testing unit shall bear legal responsibility for the authenticity of the test reports issued.
Article 13: Registration applications for fertilizer products with the following circumstances will not be accepted:
(1) Foreign products without certificate of use (registration) from the country of production;
p>
(2) Products that do not comply with national industrial policies;
(3) Products with disputed intellectual property rights;
(4) Products that do not comply with national safety and health regulations , environmental protection and other products required by national or industry standards.
Article 14: The following products that have been used in farmland for a long time and have national or industry standards are exempt from registration: ammonium sulfate, urea, ammonium nitrate, calcium cyanamide, ammonium phosphate (monoammonium phosphate, Diammonium phosphate fertilizer, superphosphate, potassium chloride, potassium sulfate, potassium nitrate, ammonium chloride, ammonium bicarbonate, calcium magnesium phosphate fertilizer, potassium dihydrogen phosphate, single trace element fertilizer, high concentration compound fertilizer.
3. Chapter 3 (Registration and Approval)
Article 15: The Ministry of Agriculture is responsible for the registration and approval, registration certificate issuance and announcement of fertilizers nationwide.
Article 16: The Ministry of Agriculture hires technical experts and management experts to organize and establish a fertilizer registration review committee, which is responsible for comprehensive review of product chemistry, fertilizer efficiency and safety information of fertilizer products applied for registration.
Article 17: The Ministry of Agriculture shall approve and issue temporary fertilizer registration certificates or formal registration certificates based on the comprehensive review opinions of the Fertilizer Registration Review Committee. The fertilizer registration certificate uses the "Special Fertilizer Approval Seal of the Ministry of Agriculture of the People's Republic of China".
Article 18: The Ministry of Agriculture will directly approve and issue temporary fertilizer registration certificates to products that meet the following conditions:
(1) There are national or industry standards and the quality is qualified after inspection Products;
(2) Product types recommended by the Fertilizer Registration Review Committee and recognized by the Ministry of Agriculture, products with complete application registration information and qualified quality after inspection.
Article 19: The Ministry of Agriculture decides to convene a plenary meeting of the Fertilizer Registration Review Committee based on specific circumstances.
Article 20: The naming of fertilizer product names should be standardized and must not be misleading.
Article 21: The temporary fertilizer registration certificate is valid for one year. If the temporary fertilizer registration certificate expires and it is necessary to continue to produce and sell the product, an application for renewal registration must be submitted two months before the expiration date. If the conditions are met, the renewal registration shall be approved by the Ministry of Agriculture. Renewal is valid for one year. Temporary registration cannot be renewed more than twice. The official fertilizer registration certificate is valid for five years. If the official fertilizer registration certificate expires and you need to continue to produce and sell the product, you must submit an application for renewal registration six months before the expiration date. If you meet the conditions, the renewal registration must be approved by the Ministry of Agriculture. The renewal period is valid for five years. If the registration certificate expires without an application for renewal registration, the registration will be deemed to be automatically cancelled. If an application for renewal of registration is submitted after the validity period of the registration certificate expires, the registration should be done again.
Article 22: For registered fertilizer products, if the scope of use, product name, or company name changes during the registration validity period, an application for change registration shall be made; if the ingredients or dosage forms are changed, a new application for registration shall be made.
4. Chapter 4 (Registration Management)
Article 23: Fertilizer product packaging should have labels, instructions and product quality inspection certificates. Labels and instructions for use should be in Chinese and meet the following requirements:
(1) Indicate the product name, name and address of the manufacturer;
(2) Indicate the fertilizer registration certificate number, product Standard number, name and content of active ingredients, net weight, production date and quality assurance period;
(3) Indicate the applicable crops, applicable areas, usage methods and precautions of the product;
( 4) The product name and recommended applicable crops and areas should be consistent with those registered and approved; unauthorized modification of the registered and approved label content is prohibited.
Article 24: If a fertilizer product that has obtained a registration certificate is proven to be harmful to humans, livestock, and crops during the registration validity period, the Ministry of Agriculture will declare restricted use or prohibition of use after review by the Fertilizer Registration Review Committee.
Article 25: The agricultural administrative department shall, in accordance with regulations, conduct regular or irregular supervision and inspection of the fertilizers of fertilizer production, operation and use units within its jurisdiction, and when necessary, take samples and request samples in accordance with regulations Relevant units shall not refuse or conceal relevant information. Products with substandard quality must be improved within a time limit. For products with continuously unqualified quality, the fertilizer registration certificate will not be renewed after the expiration date.
Article 26: Fertilizer registration acceptance and approval units and relevant personnel shall keep technical secrets for the information and samples provided by the producers.
5. Chapter 5 (Penalties)
Article 27: In any of the following circumstances, the agricultural administrative department at or above the county level will give a warning and impose illegal penalties A fine of not more than three times the income, but a maximum of 30,000 yuan; if there is no illegal income, a fine of not more than 10,000 yuan:
(1) Producing and selling fertilizer products without a registration certificate;
(2) Counterfeiting or counterfeiting fertilizer registration certificates and registration certificate numbers;
(3) The active ingredients or content of fertilizer products produced and sold are inconsistent with the content approved for registration.
Article 28: If any of the following circumstances occurs, the agricultural administrative department at or above the county level will give a warning and impose a fine of not more than three times the illegal income, but the maximum shall not exceed 20,000 yuan; there is no illegal income A fine of not more than RMB 10,000 shall be imposed:
(1) Transferring the fertilizer registration certificate or registration certificate number;
(2) Continuing registration without approval to renew the registration certificate upon expiration Producing the fertilizer product;
(3) Producing and selling packages without labels, with incomplete and unclear labels, or with unauthorized modification of label contents.
Article 29: If a fertilizer registration and management staff abuses their power, neglects their duties, engages in malpractice for personal gain, solicits and accepts bribes, and constitutes a crime, they shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, they shall be given administrative sanctions in accordance with the law.
6. Chapter 6 (Supplementary Provisions)
Article 30: When registering fertilizers, producers should pay registration fees as required. Producers who conduct field tests and field demonstration tests must provide representative test samples and pay test fees as required. The test sample must be tested by a statutory quality inspection agency to confirm that the active ingredients and content of the sample are consistent with the marked value before testing can be conducted.
Article 31: The agricultural administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for compound fertilizers, formula fertilizers (excluding foliar fertilizers), refined organic fertilizers, and bed soil within their respective administrative areas. Registration and approval, registration certificate issuance and announcement of acid regulators. The agricultural administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall not exceed their authority to approve registration. The agricultural administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, with reference to these Measures, formulate specific registration and management measures for compound fertilizers, formula fertilizers (excluding foliar fertilizers), refined organic fertilizers, and bed soil acid regulators, and submit them to the Ministry of Agriculture for filing. . The agricultural administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may entrust their affiliated soil and fertilizer agencies to undertake the specific fertilizer registration work within their respective administrative regions.
Article 32: Compound fertilizers, formula fertilizers (excluding foliar fertilizers), refined organic fertilizers, and bed soil acidifiers approved and registered by the agricultural administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government are only Can be sold and used in this province. If it is to be sold and used in other provinces and regions, producers and sellers must register with the provincial agricultural administrative department in the place of sales and use.
Article 33: These measures are applicable to the following products:
(1) In the process of producing and accumulating organic fertilizers, biological and biological substances added for decomposition and maturation of organic matter are added Chemical preparations;
(2) Organic or organic-inorganic mixed products with specific effects derived from natural substances, processed and refined through physical or biological fermentation processes, this effect not only includes soil, environment and plant nutrition The supply of elements also includes the promotion of plant growth.
Article 34: The following products do not apply to this method:
(1) Mixtures of fertilizers and pesticides;
(2) Self-made by farmers Organic fertilizer.
Article 35: The following terms in these Measures are defined as:
(1) Formula fertilizer refers to the use of soil testing formula technology, based on the nutritional needs of different crops and soil nutrient content. And fertilizer supply characteristics, it is made from various simple chemical fertilizers as raw materials, with appropriate amounts of medium and trace elements or specific organic fertilizers added in a targeted manner, and processed by blending or granulation processes. It is highly targeted and regionally specific. Special fertilizer.
(2) Foliar fertilizer refers to fertilizer that is applied to plant leaves and can be absorbed and utilized by them.
(3) Bed soil acid regulator refers to a preparation used to adjust the acidity (or PH value) of the nursery soil during the crop seedling period.
(4) Microbial fertilizers refer to products containing specific living microorganisms that are used in agricultural production to obtain specific fertilizer effects. This effect not only includes the supply of nutrients to the soil, environment and plants, but also Including the beneficial effects of the metabolites produced on plants.
(5) Organic fertilizer refers to carbon-containing materials derived from plants and/or animals. After fermentation and decomposition, it is applied to the soil to provide plant nutrients as its main function.
(6) Refined organic fertilizer refers to commercialized organic fertilizer that is produced in a factory and does not contain specific fertilizer effect microorganisms.
(7) Compound fertilizer refers to fertilizers with at least two stated amounts of nitrogen, phosphorus and potassium, and is made by chemical methods and/or physical processing.
(8) Compound fertilizer made by chemical methods.
Article 36: The illegal income referred to in these Measures refers to the sales income from the illegal production and operation of fertilizers.
Article 37: The Ministry of Agriculture is responsible for the interpretation of these Measures.
Article 38: These Measures shall come into effect from the date of promulgation. The "Interim Provisions of the Ministry of Agriculture of the People's Republic of China and the People's Republic of China on the Inspection and Registration of Fertilizers, Soil Conditioners and Plant Growth Regulators" issued by the Ministry of Agriculture in 1989 and revised in 1997 were abolished at the same time.
2. Process
1. Provincial agricultural authorities mainly accept applications for fertilizer registration from fertilizer production enterprises in their jurisdiction, conduct certain assessments of the production conditions of the enterprises, and provide preliminary review opinions. .
2. The fertilizer window in the Administrative Approval Office Hall of the Ministry of Agriculture will review the fertilizer registration related information submitted by the applicant. The Secretariat of the Fertilizer Registration Review Committee of the Ministry of Agriculture will verify whether the fertilizer sample and application information submitted by the applicant are complete and whether Comply with legal form.
3. The Secretariat of the Fertilizer Registration Review Committee of the Ministry of Agriculture will conduct a certain technical review of the application materials and organize product quality testing and safety evaluation tests in accordance with relevant regulations. If the product quality testing or safety evaluation test results do not meet the requirements, the applicant will receive a written notice from the Secretariat of the Fertilizer Registration Review Committee of the Ministry of Agriculture and can submit a re-inspection application within 15 days.
4. The Fertilizer Registration Review Committee of the Ministry of Agriculture will conduct the review again.
5. The Planting Industry Management Department of the Ministry of Agriculture will propose an approval plan based on relevant regulations, technical review, and review opinions, and apply for approval according to procedures.