Pesticide regulations implementing measures (December 8, 2007, the Ministry of Agriculture Decree No. 9 of 2007 Amendment)
April  27, 1999 by the Ministry of Agriculture Ministry executive meeting, the  Ministry of Agriculture Order No. 20 issued since July 23, 1999 shall  come into force. July 27, 2002, the Ministry of Agriculture Decree No. 18 revised. July 1, 2004, the Ministry of Agriculture Decree No. 38, revised. December 8, 2007, the Ministry of Agriculture Decree No. 9 of 2007 amendments.
Chapter I General Provisions
The  first order to ensure "Pesticide Management Regulations" (hereinafter  referred to as "Regulations") of the implementation, strengthen the  pesticide registration, management and use of supervision and  management, pesticide industry to promote technological progress, to  ensure the stable development of agricultural production and protecting  the environment, protect human and animal safety, according to the "Regulations" the relevant provisions of the enactment of this implementation.
The  second Department of Agriculture responsible for the national pesticide  registration, use, and supervision and management, responsible for or  participate in the development of safe use of pesticides, pesticide  product quality and pesticide residues in national or industrial  standards.
Provinces, autonomous regions  and municipalities to assist the administrative department of  agriculture, the Ministry of Agriculture to do the administrative area  of pesticide registration, pesticide responsible for the  administrative area developers and producers to apply for temporary  registration of pesticide field trials and preliminary data, and is  responsible for the administration area of supervision and management of pesticides.
Counties  and cities divided into districts, autonomous prefectures and  government administrative departments responsible for agriculture within  the administrative supervision and management of pesticides.
Article Ministry of Agriculture is responsible for the specific country's pesticide registration. Provinces,  autonomous regions and municipalities belong to the administrative  department of agriculture pesticide institute to help make the  administrative area of the specific pesticide registration.
Article  agricultural administrative departments at all levels, when necessary,  according to the agency entrusted to meet the statutory conditions for  the implementation of supervision and management of pesticides. Commissioned by the unit shall not engage in business activities of pesticides.
Chapter II Pesticide Registration
Article V of the pesticide registration trial units in certification system.
Ministry  of Agriculture is responsible for organizing the registration of  pesticide efficacy trials unit, pesticide residue testing unit  registration, registration of pesticide toxicology test units and test  units of the environmental impact of pesticides registration  certification and issue certification.
Certified  pesticide registration test units shall be subject to provincial  agricultural authority over the supervision and management.
Article VI Department of Agriculture to develop and publish "pesticide registration requirements."
Pesticide  application developers and producers of field trials of pesticides and  pesticide registration, shall "pesticide registration requirements" to  provide relevant information.
Article shall apply for field trials of new pesticides, provisional registration and full registration.
(A) field trials
Developer  of pesticides in field trials in China, should be approved by the local  administrative departments at provincial agricultural pesticide  institutes of first instance, apply to the Ministry of Agriculture, the  Ministry of Agriculture to review the application materials. After  examination and approval, the developer of holding pesticide pesticide  field trials to obtain the certificate of approval and certification of  pesticide registration unit signed a trial contract efficacy trials, the  test shall be in accordance with "guidelines for field trials of  pesticides," implementation.
Provincial  agricultural administrative departments at the institute of pesticide  field trials in the first instance, developer of pesticides should be  paid in full within one month from the date of the information to  complete.
Outside Hong Kong, Macao and  Taiwan developer of the field test application of pesticides,  application information by the Ministry of Agriculture for review.
Ministry  of Agriculture should be paid in full from the developer of pesticide  data organization within three months from the date of completion of  field test data review.
(B) temporary registration
Field  trials, the need for demonstration test (area over 10 hectares), test  marketing, and in exceptional circumstances require the use of  pesticides, their producers must apply for temporary registration of the  original drugs and formulations. Application for  registration should be approved by the local administrative departments  at provincial agricultural pesticide institutes of first instance, the  Ministry of Agriculture to apply for temporary registration by the  Ministry of Agriculture to conduct a comprehensive evaluation of the  application data, temporary registration of pesticides by the jury  panel, qualified by the Ministry of Agriculture issued the original drug and pesticide formulations temporary registration certificate.
Administrative  departments at provincial agricultural pesticide institute for  temporary registration in the first instance, should be paid in full in  the pesticide producer information within one month from the date of  completion.
Outside Hong Kong, Macao and  Taiwan Ministry of Agriculture pesticide producers to apply for  temporary registration, the application data reviewed by the Control of  Agrochemicals.
Ministry of Agriculture Review Committee set up temporary registration of pesticides, a term of three years. Pesticide Registration Evaluation Committee temporary one to two months to convene a plenary session. Pesticide Registration Evaluation Committee of the temporary daily work commitment by the Ministry of Agriculture.
Ministry  of Agriculture should be paid in full from pesticide producers,  information organized and completed within three months from the date of  temporary registration review.
Pesticide temporary registration certificate valid for one year, renewal, the cumulative period not exceeding three years.
(C) official registration
After  a demonstration test, test marketing can be used as the official  circulation of commodities for pesticides, its producers accountable to  the Ministry of Agriculture proposed the original drug substance and  drug official registration by the Ministry of Agriculture to review the  application materials by the department of agriculture, chemicals,  health, environment protection department and the  National Supply and Marketing Cooperatives to review and sign an  opinion, by the Pesticide Registration Evaluation Committee to conduct a  comprehensive evaluation, qualified by the Ministry of Agriculture  issued the original drug and formulations of pesticides registration.
Apply  for official registration of pesticides, pesticide producers, should  provide more than two different natural conditions, regional  demonstration test results. Demonstration test by  the provincial agriculture and forestry administrative departments at  the technology promotion departments.
Ministry  of Agriculture Pesticide Registration Evaluation Committee was  established, comprising agriculture, toxicology, environmental,  industrial and other professional groups. Pesticide  Registration Evaluation Committee term of three years, and a plenary  session held once or twice chairman of the meeting. Pesticide Registration Evaluation Committee of the daily work of commitment by the Ministry of Agriculture.
Ministry  of Agriculture should be paid in full data from pesticide producers,  within one year from the date of the organization to complete the  official registration review.
Pesticide registration certificate valid for five years, you can renew.
Article  by the official registration and temporary registration of pesticides  in the registration within the time limit, the same or different  manufacturers change formulations manufacturers, content (ratio) or use  of, use, and pesticide producers should apply for field trials, change  of registration.
Field trials, change of registration application and approval process with the "Implementation Measures" Article 7 (a) and (b).
Change  of registration, including registration changes and temporary changes  in the official registration, temporary registration certificate were  issued pesticides and pesticide registration.
Article  IX of the production of other manufacturers have the same registered  pesticides, pesticide producers should apply for field trials, change of  registration, the application and approval process with the  "Implementation Measures" Article 7 (a) and (b).
To  obtain registration for the first time, with new compounds of pesticide  registration data submitted by the applicant, in accordance with  "pesticide regulations," the provisions of Article X to be protected.
Application  for registration of pesticide products quality and no significant  difference between the first registration of the first to obtain a full  six years from the date of registration, the manufacturers agreed to by  the first registration, pesticide producers may use some of its original  drug preparation data and information; in first  to obtain a full six years from the date of registration, the pesticide  producers may be exempted from part of the original drug preparation  data and information.
Article producers  should apply for packing of pesticides registered pesticide-packing,  repackaging of pesticides must be in original packaging pesticides have  been registered over the country. Application for  registration of pesticide-packing, shall be subject to pesticide  producers, the provincial agricultural administrative departments at the  pesticide institutes of first instance, the Ministry of Agriculture, by  the Control of Agrochemicals of the application for review of the  information. After examination and approval,  issued by the Ministry of Agriculture pesticide temporary registration  certificate, registration certificate valid for one year, with the  original factory packaging product registration renewal period.
Ministry  of Agriculture should be paid in full from pesticide producers, data  organization within three months from the date of completion of packing  registration review.
Article XI passes the  examination of pesticide registration, the Ministry of Agriculture  should review whether the decision within 10 days after the issuance of  temporary registration of pesticides or pesticide, the official  registration certificate.
Article XII of  pesticide registration, pesticide temporary registration certificate and  certificate of approval pesticide field trials using the "Ministry of  Agriculture pesticide approval seal."
Article  XIII of the pesticide name is the common name of pesticides or simplify  the common name, the direct use of health pesticide formulations in  order to function as the product described in words and names. Approval and registration of pesticide use and management of the name of the specific regulations will be forthcoming.
Pesticides and simplify the common name common name may not apply as a trademark.
Article  XIV of pesticides required to renew the temporary registration  certificate, registration certificate should be made one month before  the expiration of the renewal application for registration; pesticide  registration certificate to be renewed, the registration certificate  should be valid for three months before the expiry of registration  renewal . Late application, it shall re-register. On  the admissibility of provisional registration and full registration  renewal application, the Ministry of Agriculture within 20 working days  to decide whether to renew the registration, but the expert review time  is not counted.
Article XV to obtain  pesticide registration certificate or temporary registration certificate  of the pesticide pesticide manufacturers shut down for some reason, it  shall within one month after the business closed returned to Ministry of  Agriculture Pesticide Registration Certificate or Temporary Pesticide  Registration Certificate. Overdue, and by the Ministry of Agriculture announced the withdrawal of registration.
Article  XVI case of urgent need, for some unregistered pesticides, some have  banned or restricted pesticides, the Ministry of Agriculture approved in  consultation with relevant departments in a certain range, and used  within a certain period of temporary import.
Article  XVII pesticide registration departments and their staff have the  responsibility for the applicant to provide information and samples  conservative technological secrets.
Article 18 The Ministry of Agriculture Pesticide Registration Notice issued regularly.
Article 19 should be designated professional pesticide producers, department or person responsible for pesticide registration. Provincial  agricultural administrative departments at the pesticide application  for registration shall institute appropriate operational guidance to  staff.
Diershitiao for pesticide  registration trial (efficacy, residues, toxicity, environmental) should  provide a representative sample, and pay testing fee. Test  sample shall be subject to legal confirmation sample quality testing  organizations active ingredient and its content in line with the marked  value before the test.
Chapter pesticide management
Article  a supply and marketing cooperatives in agricultural production and  business units, Plant Protection Station, Fertilizer Station,  agriculture, forestry technical extension services, forest pest and  disease control agencies, pesticide manufacturers, and the State Council  and other units can operate pesticides.
State-owned  farms in agricultural production and business units, agricultural  extension units in accordance with the principle of direct supply can  operate pesticides; food storage system trading companies, warehousing  companies, specializes in grain storage, granaries required pesticide  business units, can operate Grain with a pesticide.
General  merchandise, household goods, supermarkets or specialty shops can  operate household pest control pests and pesticides cloth.
Article 22 shall not operate the following business units pesticide pesticides:
(A)  No pesticide registration certificate or temporary registration of  pesticides, pesticide-free production license approval or production of  documents made without pesticides, product quality standards;
(B) No pesticide registration certificate or temporary registration of pesticides imported pesticides;
(C) No product quality certification and inspection failed pesticides;
(D) expired without the effective use of pesticides;
(E) no tag or label incomplete unclear pesticides;
(F) revoke the registration of pesticides.
Article 23 of the operating business units pesticide pesticides should be carried out or commissioned by quality inspection.
Article  24 of the pesticide business units selling pesticides to farmers,  pesticide use should be provided with technical and safety precautions  and other services.
Chapter pesticide use
Article  25 The administrative departments of agriculture at all levels of  agricultural extension and the respective departments should implement  the "prevention, comprehensive prevention and control" of the plant  protection policy, according to the administrative area of disease,  insects, grass, the occurrence of rodents made pesticides  annual demand planning, production and marketing of pesticides for the  national authorities to provide the basis of macro-control.
Article  26 The agricultural extension departments at all levels should guide  farmers in accordance with "the safe use of pesticide regulations" and  "rational use of pesticides guidelines" and other relevant provisions of  the use of pesticides, to prevent pesticide poisoning and injury  accidents.
Article 27 The administrative  departments of agriculture at all levels of agricultural extension and  the respective departments should make use of pesticide science and  technology and security knowledge and training.
Article  28 The pesticide label pesticide users should be recognized clearly,  pesticide registration number or a temporary registration number of  pesticides, pesticide production license or approval document for full  production only after the use of pesticides.
Pesticide  users should be in strict accordance with product labeling requirements  of the dose, control objects, use, application suitable period, note  use of pesticides, are not free to change.
Article 29 The agricultural extension departments at all levels should promote safe, efficient and economical pesticides. Highly  toxic, highly toxic pesticides shall not be used to control pests, not  for melons, vegetables, fruit, tea, herbs and other materials.
Article  30 to a planned rotation of pesticide use, reduce diseases, insects,  grass, rat's resistance, improve the control effect, provinces,  autonomous regions and municipalities agricultural administrative  department of the Ministry of Agriculture agreed to review in a certain  area restrict the use of certain pesticides.
Chapter pesticide monitoring
第 三十一条 agricultural administrative departments at all levels with a  certain number of pesticides should be law enforcement officers. Pesticide  law enforcement officers should have appropriate professional  qualifications, and more than three years of work in pesticide  technician or manager, passed the examination by the relevant training  to obtain law enforcement cards, certificates.
Article  32 The administrative departments of agriculture right in accordance  with regulations on the area of pesticide production, management and  use of units of regular and irregular monitoring of pesticides,  inspection, take samples in accordance with regulations when necessary  and relevant information from relevant units and individuals shall not  be refused to hide.
Pesticide  law enforcement personnel pesticide production and business units to  provide confidential technical information, should bear the duty of  confidentiality.
Article 33 of fake  pesticides, poor handling of pesticides need to be destroyed, must  strictly abide by environmental laws and regulations of the relevant  provisions, in accordance with the safe disposal of pesticide waste  regulations to prevent pollution of the environment; to have use value,  shall be subject to provincial agricultural  administrative departments at institutes of pesticide testing, if  necessary, to go through field trials, formulation and dosage to use.
Article 34 prohibit the sale of pesticide residues in agricultural products exceeding the standard. Agricultural administrative departments above county level should make the detection of pesticide residues in agricultural work.
Article  35 of the pesticide advertising content must be consistent with the  registration of pesticides, pesticide advertising through the  examination and approval before release. Pesticides in accordance with the review of advertising, "Advertising Law" and "pesticide Advertising Review" implementation.
By  focusing on advertising and media release of pesticides outside Hong  Kong, Macao and Taiwan pesticide products, advertising, responsible for  review by the Department of Agriculture. Other ads from advertisers provincial agricultural administrative departments responsible for the review. Advertising  Review specific work by the Ministry of Agriculture and the provincial  agricultural administrative departments at pesticide certification  agencies.
Article 36 The local  administrative department of agriculture shall promptly report to the  higher administrative department of agriculture occurred in the  administrative area of the major pesticide cases the situation.
Chapter VI Penalty Provisions
Article  37 for failure to obtain temporary registration certificate and without  pesticide repackaging pesticides from agricultural administrative  department shall order to stop packing the production, confiscate the  illegal income, times the illegal income and impose a fine of more than  five times; no illegal income and impose a fine of 50,000 yuan.
Article  38 of the production, management fake pesticides, low-quality  pesticides, agricultural administrative departments or by the laws,  administrative regulations and other relevant departments, shall be  punished according to the following:
(A)  the production, operation fake pesticides, the poor quality of the total  amount of pesticide active ingredient 30% below quality standards  (including 30%) or mixed with lead to injury and other harmful  ingredients, the confiscation of fake pesticides, low-quality pesticides  and illegal income, and five times the illegal income of more than 10 times the fine; no illegal income, impose a fine of 100,000 yuan.
(B)  the production, poor management less than the total amount of pesticide  active ingredient product quality standards 70% (including 70%) but  higher than 30%, or product standards in emulsion stability, suspension  rates and other important indicators of a serious failure of the  auxiliary, poor-quality pesticides and illegal  income confiscated, three times the illegal income and impose a fine of  more than five times; no illegal income, impose a fine of 50,000 yuan.
(C)  production, poor management the total amount of pesticide active  ingredient 70% higher than product quality standards, or by product  standards have an important secondary target or two or more indicators  of the general failure of the auxiliary, low-quality pesticides and  illegal income confiscated, and times the illegal income shall be imposed for more than three times; no illegal gains and impose a $ 30,000 fine.
(D)  the production, management of pesticide product weight (capacity) is  less than indicated value, and negative deviation of more than allowed,  substandard products and illegal income confiscated, times the illegal  income and impose a fine of more than five times; no illegal income , a fine of 50,000 yuan.
Production,  management fake pesticides, poor pesticide units, administrative  departments of agriculture or in the laws, administrative regulations  and other relevant departments under the supervision, responsible for  the disposal of fake pesticides, poor quality pesticides, economic  losses caused by delays in processing by the production, poor fake pesticides and pesticide management unit commitment.
Article  39 of the operator is not marked "obsolete pesticides" word more than  product quality guarantee period of pesticide products, and by the  administrative department of agriculture be given a warning, confiscate  the illegal income, you can three times the illegal income and impose a  fine; no illegal income, and impose a fine of 30,000 yuan.
Article  40 permits the collection or revoke the registration of pesticides or  pesticide temporary registration certificate by the Ministry of  Agriculture's decision to make.
Article 41  The "implementation measures" referred to "illegal proceeds" refers to  the illegal production, management of pesticides sales.
Article  42 The administrative departments of agriculture at all levels to  implement the administrative penalty shall be in accordance with  "Administrative Punishment Law," "procedural requirements for  administrative penalties of Agriculture" and other laws and departmental  rules and regulations.
Article 43 The  management of pesticide abuse of authority, dereliction of duty,  favoritism, bribery, a crime is constituted, criminal responsibility  shall be; not constitute a crime shall be given administrative  sanctions.
Chapter VII Supplementary Provisions
Article 44 of the "Regulations" of the alleged pesticide explained as follows:
(A)  "Regulations" section (a) prevent, eliminate or control hazards in  agriculture, forestry, disease, insects (including insects, ticks,  mites), grass and mice, molluscs and other harmful organisms is the  agriculture, forestry, animal husbandry fisheries  in the planting for the control of plant diseases, insects (including  insects, ticks, mites), grass and rats, molluscs and other harmful  organisms.
(B) "Regulations" section (c) is  a plant growth regulator on plant growth and development (including  germination, growth, flowering, fertilization, fruit, ripe and shedding  process) can inhibit, stimulate and promote the role of biological and  other or chemical agents; by providing plant nutrients enhance plant growth, application of other provisions.
(C)  "Regulations" (5) of the prevention, elimination or control mosquitoes,  flies, cockroaches, rats and other pests is used for prevention and  treatment of people living in the environment and agriculture, forestry,  aquaculture industry for the control of animal life, sanitation pests.
(D)  the use of genetic engineering technology into the disease, insects and  weeds in the genome the foreign gene to change the composition of  agricultural biotechnology, for "regulations" and the "Implementation  Measures."
(E) for the control of the  "Regulations" referred to in Article II of the commercial natural  enemies of pest biology, application of the "Regulations" and the  "Implementation Measures."
(Vi) Pesticides and fertilizers and other substances in the mixture, for "regulations" and the "Implementation Measures."
Article 45 of the "Implementation Measures" is defined as the following terms:
(A)  the new pesticide containing the active ingredient is not approved in  our domestic and international pesticide registration and formulation.
(B)  refers to new formulations containing the active ingredient and has  registered over the same, and dosage form, content (ratio) has not yet  been registered in our preparations.
(C)  the scope and methods of use of the new registration is the active  ingredient and formulations have been registered with the same, but the  scope and methods of use are not yet registered in China ever.
Article 46 shall not apply seed processing companies not registered or false, bad seed coating for seed coating. Violation of regulations, pesticide behavior by illegal business deal.
Article  47 of China as a pesticide the International Covenant on Prior Informed  Consent Procedure (PIC) member countries to undertake commitments of  international obligations relating to specific matters undertaken by the  Ministry of Agriculture.
Article 48 of the "implementation measures" by the Ministry of Agriculture is responsible for interpretation.
Article 49 of the "Implementation Measures" Since the release date of implementation. All  with the "Regulations" and the "implementation measures" contrary to  the provisions of all the "Regulations" and the "Implementation  Measures" shall prevail.