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Important Notice

Regulations on the Administration of Pesticides (effective as of June 1, 2017)

Published: 2017-06-06

Source:

Order of the State Council of the People 's Republic of China
No. 677
 The Regulations on the Administration of Pesticides have been revised and approved by the 164th executive meeting of the State Council on February 8, 2017. The revised Pesticide Administration Regulations are promulgated and shall come into force on June 1, 2017.
Prime Minister Li Keqiang
    March 16, 2017
 
Pesticide Administration Regulations
(May 8, 1997 issued by the State Council Decree No. 216 of the People 's Republic of China
  According to the State Council on November 29, 2001, the Regulations on the Administration of Pesticides
Of the "Decision of the State Council, the 164th executive meeting on 8 February 2017)
 
 
 
Chapter 1 General Provisions
 
Article 1 These Regulations are formulated in order to strengthen the management of pesticides, ensure the quality of pesticides, ensure the safety and safety of agricultural products and the safety of human and animal husbandry, protect agriculture, forestry production and ecological environment.
Article 2 The term "pesticides referred to in these Regulations refers to chemical substances used to prevent and control diseases, insects, grasses, rats and other harmful organisms that endanger agriculture and forestry, and to chemically synthesize plants or insects, A substance of a natural substance or a mixture of several substances and a preparation thereof.
The pesticides prescribed in the preceding paragraph include the following categories for different purposes and places:
(A) to prevent and control diseases, insects (including insects, ticks, mites), grasses, rats, molluscs and other pests that endanger agriculture and forestry;
(Ii) prevention, control of storage and disease, insects, rodents and other pests in processing sites;
(C) regulating plant and insect growth;
(4) anti-corrosion or preservation of agricultural and forestry products;
(5) to prevent and control mosquitoes, flies, cockroaches, rats and other pests;
(6) to prevent and control pests harmful to river dams, railways, docks, airports, buildings and other places.
Article 3 The competent agricultural department under the State Council shall be responsible for the supervision and administration of pesticides throughout the country.
The competent agricultural departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of pesticides in their respective administrative areas.
Other relevant departments of the people's governments at or above the county level shall be responsible for the supervision and administration of pesticides in their respective areas of responsibility.
Article 4 The local people's governments at or above the county level shall strengthen the organization and leadership of the work on the supervision and administration of pesticides and include the pesticide supervision and management funds at the budget of the government at the same level to ensure the development of pesticide supervision and management.
Article 5 Pesticide producers and pesticide operators shall be responsible for the safety and effectiveness of their pesticides produced and operated, and accept the supervision and social supervision of the government.
Pesticide production enterprises, pesticide operators should strengthen the industry self-discipline, standardize the production, business behavior.
Article 6 The State encourages and supports the development, production and use of safe, efficient and economical pesticides to promote the professional use of pesticides and promote the upgrading of pesticide industries.
Units and individuals that have made outstanding contributions to the development, promotion and supervision and management of pesticides shall be commended or rewarded in accordance with the relevant provisions of the State.
 
Chapter II Registration of Pesticides
 
Article 7 The State implements the pesticide registration system. Pesticide production enterprises, enterprises to export pesticides to China should apply for pesticide registration in accordance with the provisions of these regulations, new pesticide developers can apply for pesticide registration in accordance with the provisions of this Ordinance.
The competent department of agriculture under the State Council shall be responsible for the specific work of pesticide registration. Autonomous regions and municipalities directly under the Central Government where the competent agricultural departments responsible for pesticide testing work to help do a good job in the administrative area of ​​pesticide registration specific work.
Article 8 The competent department of agriculture under the State Council shall organize the establishment of a Pesticide Registration Committee to be responsible for the registration of pesticides.
The Pesticide Registration Board consists of the following:
(A) the State Council of agriculture, forestry, health, environmental protection, food, industrial management, production safety supervision and management and other relevant departments and supply and marketing cooperatives and other units recommended pesticide products chemical, pharmacodynamics, Standards and testing and other aspects of the experts;
(Ii) relevant experts of the National Food Safety Risk Assessment Expert Committee;
(3) Representatives of units such as agriculture, forestry, health, environmental protection, grain and industry management, production supervision and management of the State Council and the relevant departments of supply and marketing cooperatives.
The rules for the registration of pesticide registration shall be formulated by the competent agricultural department of the State Council.
Article 9 Where a pesticide registration is applied, a registration test shall be conducted.
Pesticide registration test should be reported to the provinces, autonomous regions and municipalities directly under the Central People's Government agricultural authorities for the record.
The registration of new pesticides shall be submitted to the competent agricultural department of the State Council for an application. The competent agricultural department of the State Council shall, within 40 working days from the date of acceptance of the application, examine the safety risks and preventive measures of the trial, meet the conditions and permit the registration test; if the conditions are not met, notify the applicant in writing and explain the reasons.
Article 10 The registration test shall be carried out in accordance with the provisions of the competent department of agriculture under the State Council, which shall be examined and approved by the competent agricultural department of the State Council.
Pesticides with pesticide registration, pesticide use, pesticide registration, pesticide registration, pesticide registration, pesticide registration, pesticide registration, pesticide use, pesticide registration, pesticide registration, pesticide registration, Shall be authorized by the holder of the pesticide registration certificate.
The registration unit shall be responsible for the authenticity of the registration test report.
Article 11 After the registration test, the applicant shall submit the application for registration of pesticide to the agricultural administrative department of the local people's government of the province, autonomous region or municipality directly under the Central Government and submit the application materials such as registration test report, label proof and pesticide product quality standard and its inspection method; Apply for new pesticide registration, but also should provide pesticide standards.
The competent agricultural department of the people's government of the province, autonomous region or municipality directly under the Central Government shall, within 20 working days from the date of accepting the application, submit the preliminary examination opinion and submit it to the competent agricultural department of the State Council.
If an enterprise applying for pesticide registration to China is required to apply for pesticide registration, it shall apply to the competent agricultural department under the State Council for supporting the information stipulated in the first paragraph of this Article, the pesticide standard and the supporting materials for registration and use in the relevant country.
Article 12 The competent agricultural department of the State Council shall, after accepting the application or receiving the application materials submitted by the agricultural administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government, shall organize the examination and registration review and shall, within 20 working days from the date of receipt of the assessment opinion Within the approval decision, qualified, issued pesticide registration certificate; do not meet the conditions, notify the applicant in writing and explain the reasons.
Article 13 The pesticide registration certificate shall specify the pesticide name, dosage form, active ingredient and its content, toxicity, scope of use, method of use and dosage, holder of registration certificate, registration number and date of validity.
Pesticide registration certificate is valid for 5 years. If the expiry date is valid and the pesticide is to be produced or the pesticide is exported to China, the holder of the pesticide registration certificate shall apply to the competent agricultural department of the State Council for extension 90 days after the expiry date.
If the pesticide registration certificate indicates that the matter is changed, the holder of the pesticide registration certificate shall apply for changing the pesticide registration certificate in accordance with the provisions of the competent agricultural department of the State Council.
The competent department of agriculture under the State Council shall promptly announce the issuance, continuation and alteration of the pesticide registration certificate and the relevant information on the quality standard of the pesticide product, the limit of residue, the inspection method and the approved label.
Article 14 A new pesticide developer may transfer the registration information of the new pesticide that has been registered; the pesticide production enterprise may transfer the registration information of the pesticide that has been registered to the pesticide producing enterprise with the corresponding production capacity.
Article 15 The State shall protect the data obtained by the applicant who has obtained the initial registration of the pesticide containing the new compound and the other data obtained by the applicant who has obtained the undisclosed trial data and other data.
Within six years from the date of registration, the applicant shall not register the other applicant without the consent of the applicant who has obtained the registration and apply for the registration of the pesticide using the data stipulated in the preceding paragraph. However, the other applicant submits his own Except for data.
The registration authority shall not disclose the data specified in paragraph 1 of this Article except in the following cases:
(A) public interest needs;
(B) Measures have been taken to ensure that such information will not be used improperly for commercial use.
 
Chapter III Pesticide Production
 
Article 16 Pesticide production shall conform to the national industrial policy. The state encourages and supports pesticide production enterprises to adopt advanced technology and advanced management practices to improve the safety and effectiveness of pesticides.
Article 17 The State shall implement the pesticide production license system. Pesticide production enterprises shall meet the following conditions and apply for pesticide production licenses to the competent agricultural departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the provisions of the competent agricultural department of the State Council:
(A) have technical staff who are suitable for the production of pesticides;
(2) having facilities and facilities suitable for the production of pesticides;
(3) Personnel, equipment and equipment for quality management and quality inspection of the applied pesticide;
(4) to ensure that the application for the production of pesticide quality rules and regulations.
The administrative department of agriculture of the people's government of the province, autonomous region or municipality directly under the Central Government shall, within 20 working days from the date of accepting the application, make a decision on examination and approval and carry out on-the-spot verification if necessary. Meet the conditions, the issuance of pesticide production license; do not meet the conditions, notify the applicant in writing and explain the reasons.
Safety production, environmental protection and other laws and administrative regulations on the production conditions of other provisions, pesticide manufacturers should also comply with its provisions.
Article 18 The pesticide production license shall specify the name, domicile, legal representative (person in charge), production scope, production address and expiry date of the pesticide production enterprise.
Pesticide production license is valid for 5 years. If the pesticide is to be produced, the pesticide production enterprise shall apply to the competent agricultural department of the people's government of the province, autonomous region or municipality directly under the Central Government for a period of 90 days after the expiry date.
Where a pesticide production license indicates that the matter has been changed, the pesticide production enterprise shall apply for changing the pesticide production license in accordance with the provisions of the competent agricultural department of the State Council.
Article 19 Where a pesticide is entrusted to be processed or dispensed, the principal shall obtain the corresponding pesticide registration certificate and the trustee shall obtain a pesticide production license.
The principal shall be responsible for the quality of the pesticide entrusted to the processing and packing.
Article 20 Where a pesticide production enterprise purchases raw materials, it shall examine the product quality inspection certificate and the relevant license certificate, and shall not purchase or use the raw materials that have not been legally certified with the product quality inspection certificate.
Pesticide production enterprises should establish a raw material purchase record system, truthfully record the name of the raw materials, the relevant permit document number, size, quantity, supplier name and contact information, purchase date and so on. Raw material purchase records should be kept for more than 2 years.
Article 21 Pesticide production enterprises shall strictly follow the product quality standards for production, to ensure that pesticide products and registered pesticides consistent. Pesticide factory sales, should be qualified by quality inspection and product quality inspection certificate.
Pesticide production enterprises should establish a pesticide factory sales record system, truthfully record the name of the pesticide, specifications, quantity, date and batch production date, product quality inspection information, the name of the buyer and its contact information, sales date and so on. Pesticide factory sales records should be kept for more than 2 years.
Article 22 Pesticide packaging shall conform to the relevant provisions of the State and shall be printed or labeled. The state encourages pesticide manufacturers to use recyclable pesticide packaging materials.
Pesticide labels should be in accordance with the provisions of the State Council agricultural authorities to the Chinese name of the pesticide name, dosage forms, active ingredients and their content, toxicity and its logo, the use of the use of methods and dosage, the use of technical requirements and precautions, Retrospective electronic information code and other content.
Highly toxic pesticides, and other pesticides that require strict technical requirements. The labeling of pesticides should also be marked with the words "restricted use" and indicate the special restrictions and special requirements for use. Labeling of pesticides used in food products should also be marked with safety intervals.
Article 23 Pesticide production enterprises shall not alter the contents of the approved pesticide labels without marking the contents of the labels in the pesticide labels and misleading the users.
Pesticide packaging is too small, the label can not be marked all the contents, should also be accompanied by instructions, the contents of the instructions should be consistent with the contents of the approved label.
 
Chapter IV Pesticide Management
 
Article 24 The State implements the pesticide business license system, except for the operation of pesticides for hygiene. The pesticide operator shall meet the following conditions and apply for the pesticide business license to the competent agricultural department of the local people's government at or above the county level in accordance with the provisions of the competent agricultural department of the State Council:
(A) have the pesticide and pest control expertise, familiar with the provisions of pesticide management, to guide the safe and rational use of pesticide operators;
(2) Business premises and warehouses that are effectively isolated from other commodities and drinking water sources and living areas, and are equipped with protective facilities suitable for the application of pesticides;
(C) with the application of pesticides to adapt to the quality management, accounting records, security, emergency response, storage management and other systems.
Operating restrictions on the use of pesticides, should also be equipped with the appropriate drug guidance and pest control professional and technical personnel, and in accordance with the local provinces, autonomous regions and municipalities directly under the Central People's Government of the provisions of the implementation of fixed-point management.
The competent agricultural department of the local people's government at or above the county level shall, within 20 working days from the date of accepting the application, make the examination and approval decision. Meet the conditions, the issuance of pesticide business license; do not meet the conditions, notify the applicant in writing and explain the reasons.
Article 25 The pesticide business license shall specify the name, domicile, person in charge, the scope of business and the period of validity of the pesticide operator.
Pesticide business license is valid for 5 years. If the expiry date is valid and the pesticide needs to be operated, the pesticide operator shall apply to the issuing authority for extension 90 days after the expiry date.
Where the pesticide business license stipulates that the matter is changed, the pesticide operator shall apply for the change of the pesticide business license in accordance with the provisions of the competent agricultural department of the State Council.
Where a pesticide operator who has obtained the pesticide business license has set up a branch office, it shall apply for a change of the pesticide business license according to law and file with the agricultural department of the local people's government at or above the county level where the branch office is exempted from handling the pesticide business license. Pesticide operators shall be responsible for the business activities of their branches.
Twenty-six pesticide operators to purchase pesticides should check the product packaging, labeling, product quality inspection certificate and the relevant permit documents, not to obtain pesticide production license of pesticide production enterprises or do not obtain pesticide business license of other pesticides The operator purchases pesticides.
The pesticide operator shall establish the name of the purchasing account, record the name of the pesticide, the relevant document number, the specification, the quantity, the name of the manufacturer and the supplier, the contact information and the date of purchase. Purchase orders should be kept for more than 2 years.
Article 27 Pesticide operators shall establish sales accounts, truthfully record the name, specifications, quantity, production enterprises, purchasers and sales dates of sales of pesticides. Sales account should be kept for more than 2 years.
Pesticide operators should ask the purchaser about the occurrence of pests and diseases and scientific recommended pesticides, if necessary, should be real-time view of the occurrence of pests and diseases, and correctly explain the use of pesticides, the use of methods and dosage, the use of technical requirements

  • Authority:
    Ministry of Agriculture of the People s Republic of China
  • Organizer:
    National Agricultural Technology Extension Service Center
  • Contractor:
    Plant Protection and Planting Bureau of Jiangxi Province
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