Interpretation of the New Pesticide Management Regulations
Administrative measures to manage the production, storage, transportation, sales and use of pesticides in accordance with the regulations and relevant systems promulgated by the government. The purpose is to ensure the quality and application safety of pesticides and to prevent or reduce adverse side effects. The following is an interpretation of the Pesticide Management Regulations, I hope it can help everyone!
Interpretation of the Pesticide Management Regulations
1. Concept
The pesticides referred to here refer to A chemical synthesis or a substance or a mixture of several substances derived from organisms or other natural substances used to prevent, eliminate or control diseases, insects, weeds and other harmful organisms that harm agriculture and forestry, and to purposefully regulate the growth of plants and insects. and preparations thereof.
Pesticides mentioned here include the following types used for different purposes and places: ①Prevent or control diseases, pests (including insects, ticks, mites), grasses, rats, and molluscs that harm agriculture and forestry and other harmful organisms; ② to prevent, eliminate or control warehouse diseases, insects, rats and other harmful organisms; ③ to regulate the growth of plants and insects; ④ to be used for the preservation or preservation of agricultural and forestry products; ⑤ to prevent, eliminate or control mosquitoes , flies, cockroaches, rats and other harmful organisms; ⑥prevent, eliminate or control harmful organisms that harm rivers and dams, railways, airports, buildings and other places.
2. Focus on pesticide supervision in the new era
Focus on pesticides, fungicides and seed coating agents, strengthen market quality supervision and random inspections, and continue to carry out special projects on banned and restricted pesticides Rectify, intensify the inspection of pesticide use behavior in pollution-free agricultural products and green food production bases, rectify the illegal operation of banning highly toxic and highly toxic pesticides, gradually establish an online query system for important information on pesticide labels, and conduct regular and irregular inspections of pesticide production enterprises and circulation Market quality and label spot checks.
3. Illegal acts in the field of pesticide supervision and their penalty standards:
1. Producing and operating pesticides without obtaining pesticide registration or temporary pesticide registration certificate, or producing and operating pesticides without authorization Pesticides whose registration has been cancelled.
① Basis for certification:
Article 6 of the "Pesticide Management Regulations": The state implements a pesticide registration system and produces (including the production of raw materials, preparation processing and packaging, the same below) pesticides and imported pesticides must be registered.
Article 20 of the "Pesticide Management Regulations": It is prohibited to purchase or sell products without a pesticide registration certificate or temporary pesticide registration certificate, without a pesticide production license or pesticide production approval document, without product quality standards and product quality qualifications Pesticides that fail certification and inspection.
Article 30 of the "Pesticide Management Regulations": No unit or individual may produce pesticides that have not obtained 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.
②Penalty types: confiscation of illegal gains and fines.
③ Penalty standards: Article 40 of the "Pesticide Management Regulations": Anyone who commits any of the following acts shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of illegal business operations or the crime of dangerous goods causing accidents; if it is not enough for criminal punishment If any, the agricultural administrative department shall impose penalties in accordance with the following provisions: (1) Anyone who produces or operates pesticides without obtaining a pesticide registration certificate or a temporary pesticide registration certificate, or produces or operates pesticides whose registration has been revoked, shall be ordered to stop production and operation , the illegal income will be confiscated and a fine of not less than 1 time but not more than 10 times of the illegal income will be imposed; if there is no illegal income, a fine of not more than 100,000 yuan will be imposed;?
2. Pesticide registration certificate or temporary pesticide registration certificate Failure to apply for renewal registration upon expiration of the validity period will result in continued production of the pesticide without authorization.
① Basis for determination: Article 7 of the "Pesticide Management Regulations": The pesticide registration certificate and temporary pesticide registration certificate shall specify the registration period; upon expiration of the registration validity period, it is necessary to continue to produce or continue to sell pesticide products to China , should apply for renewal of registration before the expiration of the registration validity period. ?
②Types of punishment: ordered to complete renewal procedures within a time limit, confiscated illegal income, fined, ordered to stop production and operation, and revoked of pesticide registration certificate or temporary pesticide registration certificate (Ministry of Agriculture).
③ Penalty standards: Article 40 of the "Pesticide Management Regulations": Anyone who commits any of the following acts shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of illegal business operations or the crime of dangerous goods causing accidents; if it is not enough for criminal punishment shall be punished by the agricultural administrative department in accordance with the following provisions: (2) If the pesticide registration certificate or temporary pesticide registration certificate expires without renewal registration, and the pesticide is produced without authorization, it shall be ordered to complete the procedures within a time limit, and the illegal income shall be confiscated. A fine of not more than 5 times of the illegal income shall be imposed; if a replacement is not issued within the time limit, the original issuing authority shall order the company to stop production and operation, and the pesticide registration certificate or temporary pesticide registration certificate shall be revoked;?
3. Production and operation of products Pesticide products that do not have labels attached to the packaging, have incomplete or unclear labels, or have the label contents modified without authorization.
① Basis for determination:
Article 16 of the "Pesticide Management Regulations": Pesticide product packaging must be labeled or accompanied by instructions. The label should be tightly attached or printed on the pesticide packaging. The label or instruction manual shall indicate the pesticide name, company name, product batch number, pesticide registration certificate number or pesticide temporary registration certificate number, pesticide production license number or pesticide production approval document number, as well as the active ingredients, content, weight, product performance, Toxicity, use, application technology, usage method, production date, validity period and precautions, etc.; if the pesticide is repackaged, the repackaging unit should also be indicated.
Article 20 of the "Pesticide Management Regulations": 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. ?
Article 33 of the "Pesticide Management Regulations": It is prohibited to sell pesticides without labels on product packaging or with incomplete and unclear labels.
②Types of punishment: warning, confiscation of illegal income, fine.
③ Penalty standards: Article 40 of the "Pesticide Management Regulations": Anyone who commits any of the following acts shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of illegal business operations or the crime of dangerous goods causing accidents; if it is not enough for criminal punishment If any, the agricultural administrative department shall impose penalties in accordance with the following provisions: (3) Anyone who produces or sells pesticide products without labels on product packages, with incomplete or unclear labels, or with unauthorized modifications to the label contents shall be given a warning, the illegal gains shall be confiscated, and may be combined with A fine of not more than three times the illegal income may be imposed; if there is no illegal income, a fine of not more than 30,000 yuan may be imposed;?
4. Counterfeit, forge or transfer the pesticide (temporary) registration certificate and registration certificate number
What is mentioned here? Pesticide (temporary) registration certificate and registration certificate number? refers to the pesticide registration certificate or temporary pesticide registration certificate, pesticide registration certificate number, pesticide production license or pesticide production approval document, pesticide production License number or pesticide production approval document number.
① Basis for determination:
Article 6 of the "Pesticide Management Regulations": The state implements a pesticide registration system, produces (including original drug production, preparation processing and sub-packaging) pesticides and imported pesticides , must be registered.
Article 20 of the "Pesticide Management Regulations": It is prohibited to purchase or sell products without a pesticide registration certificate or temporary pesticide registration certificate, without a pesticide production license or pesticide production approval document, and without product quality standards and product quality Certificate of conformity and pesticides that fail inspection.
Article 30 of the "Pesticide Management Regulations": No unit or individual may produce pesticides that have not obtained 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.
②Types of punishment: confiscation or revocation of pesticide (temporary) registration certificate (Ministry of Agriculture), confiscation of illegal income, and fines.
③Penalty standards: Article 42 of the "Pesticide Management Regulations": Counterfeiting, counterfeiting or transferring a pesticide registration certificate or a temporary pesticide registration certificate, a pesticide registration certificate number or a temporary pesticide registration certificate number, a pesticide production license or If a pesticide production approval document, pesticide production license number or pesticide production approval document number is issued, criminal liability will be investigated in accordance with the law in accordance with the provisions of the Criminal Law on the crime of illegal business operations or the crime of forging, copying, or buying and selling official documents, certificates, and seals of state agencies; it is not criminal enough. If a penalty is imposed, the agricultural administrative department shall seize or revoke the pesticide registration certificate or pesticide temporary registration certificate, and the industrial product licensing management department shall seize or revoke the pesticide production license or pesticide production approval document. The agricultural administrative department or the industrial product licensing management department shall seize or revoke the pesticide production license or pesticide production approval document. The illegal gains may be confiscated and a fine of not more than 10 times the illegal gains may be imposed; if there are no illegal gains, a fine of not more than 100,000 yuan may be imposed.
5. Production, operation and use of fake and substandard pesticides
① Basis for determination:
Article 31 of the "Pesticide Management Regulations": Prohibition of production, operation and use of fake pesticides pesticide. The following pesticides are fake pesticides: a. Non-pesticides are used as pesticides, or pesticides are used as pesticides of other types; b. The types and names of the active ingredients contained are the same as the types and names of the active ingredients of the pesticides indicated on the product label or instructions. inconsistent.
Article 32 of the "Pesticide Management Regulations": The production, operation and use of inferior pesticides is prohibited. The following pesticides are inferior pesticides: a. Those that do not meet pesticide quality standards; b. Those that have lost their effectiveness; c. Those that are mixed with harmful ingredients that can cause phytotoxicity.
②Types of punishment: Confiscation of fake or inferior pesticides and illegal income, fines, confiscation or revocation of pesticide (temporary) registration certificate (Ministry of Agriculture).
③ Penalty standard: Article 43 of the "Pesticide Management Regulations": Whoever produces or sells fake pesticides or inferior pesticides shall be punished in accordance with the provisions of the Criminal Law on the crime of producing and selling counterfeit and inferior products or the crime of producing and selling counterfeit pesticides. Criminal liability shall be pursued; if the criminal liability is not sufficient, the agricultural administrative department or other relevant departments stipulated in laws and administrative regulations shall confiscate fake pesticides, inferior pesticides and illegal income, and impose a fine of not less than 1 time but not more than 10 times of the illegal income; if there is no illegal income A fine of not more than RMB 100,000 shall be imposed; if the circumstances are serious, the agricultural administrative department shall revoke the pesticide registration certificate or temporary pesticide registration certificate, and the industrial product licensing management department shall revoke the pesticide production license or pesticide production approval document.
Article 40 of the "Implementation Measures of the Pesticide Management Regulations": Those who produce and deal in fake pesticides or inferior pesticides shall be punished by the agricultural administrative department or other relevant departments specified by laws and administrative regulations in accordance with the following provisions ：
a. Those who produce and deal in fake pesticides. If the total active ingredient content of inferior pesticides is lower than 30% (including 30%) of the product quality standard or mixed with harmful ingredients that cause chemical hazards, confiscate fake pesticides, inferior pesticides and If there is any illegal income, a fine of not less than 5 times 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.
b. The total active ingredient content of inferior pesticides produced or operated is lower than the product quality standard of 70 (inclusive) but higher than 30, or important auxiliary indicators such as emulsion stability and suspension rate in the product standard are seriously unqualified. If there is no illegal income, inferior pesticides and illegal income will be confiscated, and a fine of not less than 3 times but not more than 5 times of the illegal income will be imposed; if there is no illegal income, a fine of not more than 50,000 yuan will be imposed.
c. If the total active ingredient content of inferior pesticides produced or traded is higher than the product quality standard of 70%, or if one important auxiliary indicator or two or more general auxiliary indicators fail to meet the requirements of the product standards, the inferior pesticides will be confiscated. and illegal income and shall be fined not less than 1 time but not more than 3 times of the illegal income; if there is no illegal income, a fine of not more than 30,000 yuan shall be imposed.
d. If the net weight (volume) of pesticide products produced or operated is lower than the marked value and exceeds the allowable negative deviation, the unqualified products and illegal income will be confiscated, and a fine of not less than 1 time but not more than 5 times of the illegal income will be imposed. fine; if there is no illegal income, a fine of not more than 50,000 yuan will be imposed.
Units that produce and operate fake pesticides and inferior pesticides shall, under the supervision of the agricultural administrative department or other relevant departments stipulated in laws and administrative regulations, be responsible for handling the confiscated counterfeit pesticides and inferior pesticides and delay the processing. The economic losses caused shall be borne by the units that produce and deal in fake pesticides and inferior pesticides.
6. Dealing in pesticide products that have exceeded the product quality guarantee period without the words "expired pesticide"?
① Basis for determination
Article 1 of the "Pesticide Management Regulations" Article 23: Pesticide products that have exceeded the product quality assurance period can be sold within the specified period if they are inspected by the pesticide verification agency affiliated to the agricultural administrative department of the people's government at or above the provincial level and meet the standards; however, the words "expired pesticide" must be marked , with instructions for use and dosage.
②Types of punishment: warning, confiscation of illegal income, fine.
③ Penalty standard: Article 39 of the "Implementation Measures of the Pesticide Management Regulations": Anyone who operates pesticide products that have exceeded the product quality guarantee period without indicating the words "expired pesticide" will be given a warning by the agricultural administrative department. , the illegal income will be confiscated, and a fine of not more than three times the illegal income may be imposed; if there is no illegal income, a fine of not more than 30,000 yuan may be imposed.
The revision of the new "Pesticide Management Regulations" reveals the latest information
The long-awaited introduction of the new "Pesticide Management Regulations" (referred to as the "Regulations") has finally revealed new trends in the industry. Recently, we learned from various channels that the newly revised "Regulations" have made major adjustments to the relevant regulations on pesticide business. "Pesticide business units will implement a business license system." The outside world interprets this as breaking the restrictions on pesticide business entities, but it is not completely liberalized as expected by the pesticide business industry.
In the new revised draft, the current "Regulations" enumerate the following units in the pesticide management clauses (i.e. agricultural production means operating units of supply and marketing cooperatives; plant protection stations; soil fertilizer stations; agricultural and forestry technology Extension agencies; forest pest control agencies; pesticide production enterprises; other business units specified by the State Council) can operate pesticides? The provision has been deleted. Instead, the new "Regulations" stipulate that "pesticide business units will implement a business license system." That is to say, pesticide operators must meet the corresponding qualifications, literacy and knowledge structure; in addition, they must pass the assessment of relevant professional knowledge organized by the local agricultural department, and there are also new requirements for registered capital and business premises. After meeting these requirements In order to obtain a pesticide business license issued by the agricultural department, you can then apply for a business license from the industrial and commercial department with the license.
What the industry is most concerned about is when will the Regulations be promulgated? In fact, as early as the second half of last year, many media disclosed the progress of the revision of the Regulations, and some sources Zeng was optimistic that the new version of the Regulations would be promulgated by the end of last year. However, in 2011, there has been no movement on the new Regulations.
In this regard, the relevant person in charge of the Ministry of Agriculture revealed that as far as the revision of the "Regulations" is concerned, the relevant work of the Ministry of Agriculture has been completed. The draft was submitted to the State Council at the end of last year. It is currently under the Legislative Affairs Office of the State Council. We will take the lead in the follow-up work and it is expected to be released in the first half of the year at the earliest. However, some sources revealed that due to the large number of departments involved, it is still difficult to reach an agreement in the game of interests of all parties. In particular, there are still differences of opinion on pesticide management, and there are still variables in the introduction of the new "Regulations".
Why has it been delayed?
A source involved in the drafting of the new "Regulations" revealed that if the opinions of relevant interest departments cannot be reached as soon as possible, the introduction of the new "Regulations" may still be delayed. put off. According to reports, although the Ministry of Agriculture is responsible for drafting the new Regulations, the pesticide industry also involves government departments such as industry and commerce, quality supervision, safety supervision, and supply and marketing cooperatives.
Therefore, as the revision of industry regulations, it is necessary to fully solicit opinions from all parties, especially in the field of pesticide business, which has the closest relationship with supply and marketing cooperatives and industrial and commercial departments. The source revealed that relevant interest departments have great differences on the business provisions of the new "Regulations". The current resistance is most likely to be in the supply and marketing cooperative system, because the cancellation of franchise rights will have a direct impact on their interests. ?
As analyzed by an industry insider, once the provisions in the new revised draft are implemented, supply and marketing cooperatives will immediately lose their special status in the field of pesticide business. Losing the protection of policies will make the supply and marketing cooperatives that have aimed to rebuild their old channels in recent years face fierce competition from grassroots self-employed individuals. This is obviously what the grassroots supply and marketing cooperatives who are currently suffering from network outages, broken lines, and scattered people do not want to see.
Resistance may also come from the conceptual issues of some decision-makers. ?After all, pesticides can pose a threat to human health, and food safety issues are increasingly attracting social attention. ?A business person said that the government may believe that monopoly business channels can ensure the quality of pesticide products and facilitate the supervision of agricultural products with excessive drug residues and other issues.
In fact, due to the poisonous cowpea incident early last year, the Hainan government was forced to adopt a pesticide monopoly system. Many people in the industry speculate that Hainan's approach must have been recognized by high-level officials and will have an impact on the introduction of the new "Regulations". This will also create new variables in the reform of the pesticide distribution system.
Experts are worried that dealers are looking forward to it
Yin Youben, Marketing Director of Huaxing Chemical: The threshold has been raised and operators who fail to meet the requirements will be eliminated. Other formal production companies are active. The current market is relatively chaotic, and the reason for this is the lack of effective management of operating enterprises.
A dealer in Guangdong: The industrial and commercial department is not familiar with the pesticide business. In the past, it was difficult for the industrial and commercial department to inspect the qualifications of operators when issuing licenses, resulting in a mixed market. If the agricultural sector is allowed to control the entry threshold, the quality of operators will definitely improve significantly. I hope that the new policy will come out soon and self-employed people can operate openly and honestly based on their strength.
Gao Bimo, a researcher at the Soil and Fertilizer Institute of the Shandong Academy of Agricultural Sciences: The key to the current pesticide abuse problem is not the sales link, but the use link. Farmers' excessive and illegal use of pesticides cannot be solved by the licensing system.
Sun Shubao, Secretary-General of the China Pesticide Industry Association: Under the current system, it is difficult to distinguish between athletes and referees. The management form of licensing may intensify unreasonable competition and provide rent-seeking space for government departments. For this system to truly benefit the development of the industry, it is necessary to ensure that the corresponding supervision mechanism is in place.
Zheng Xianhai, chief engineer of ChemChina’s agrochemical industry: Agricultural departments cannot manage and operate at the same time. Their task should be to guide farmers to use drugs scientifically and improve their own technical service levels.
What conditions are needed to operate pesticides?
What conditions are needed to operate pesticides? According to insiders, the new "Regulations" stipulates: (1) There are requirements that are suitable for the pesticide operation Plant protection or pesticide technicians who have passed the assessment of the agricultural administrative department of the local people's government at or above the county level; (2) Have business premises, equipment, and storage facilities suitable for the pesticides they operate; (3) Have the pesticides they operate Adaptable management systems and management methods; (4) Have safety protection facilities and measures suitable for the pesticide business being operated.
The above are only principles in principle, and specific qualification requirements must be formulated by each province based on actual conditions. For example, the "Regulations on the Prevention and Control of Crop Diseases and Pests of Zhejiang Province" clearly stipulates the personnel requirements, requiring no less than one professional plant protection technician.
Comparing the old and new Regulations, the main difference lies in the ownership of approval rights. The old "Regulations" stipulated that the approval power belonged to the county-level industrial and commercial departments, while the new "Regulations" stipulated that the county-level agricultural departments issued business licenses.
Does pre-approval violate the Administrative Licensing Law
Once the new "Regulations" are implemented, this means that since the 2004 "Administrative Licensing Law" has canceled the pre-approval for pesticide operations , the pesticide business licensing system will be restarted after being suspended for 6 years. This move has attracted widespread attention in the industry. Some people have questioned whether this approach conflicts with the "Administrative Licensing Law".
In this regard, lawyer Peng Chunwen from Nanfang Daily Law Firm explained that since pesticides are... For specific activities related to health, administrative licenses can be set up in accordance with the relevant provisions of the Administrative Licensing Law. At present, there is no administrative licensing system for pesticides at the legal level. Therefore, as the administrative regulations designated by the State Council, the "Regulations" have the power to set administrative licenses. That is to say, the "Regulations" set up an administrative licensing system, which is also consistent with the "Administrative Licensing Law".