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Category | AGRICULTURE, FORESTRY AND METEOROLOGY | Organ of Promulgation | The State Council | Status of Effect | In Force |
Date of Promulgation | 1997-05-08 | Effective Date | 1997-05-08 |
Regulations on the Control of Agricultural Chemicals |
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Article 1 These Regulations are formulated for the purpose of
strengthening the supervision and control of the production, management
and application of agricultural chemicals, ensuring the quality of
agricultural chemicals, protecting the agricultural and forestry
production, ecological environment, and maintaining the safety of human
beings and animals.
Article 2 Agricultural chemicals referred to in these Regulations mean
mixtures or preparations of one or more substances by chemical synthesis
or originating from organisms or other natural substances with the intent to
prevent, eliminate or put under control plant diseases, insect pests, weeds
or other living beings harmful to agriculture and forestry and to purposely
regulate the growth of plants and insects.
Agricultural chemicals prescribed in the preceding paragraph include the
following categories used for different purposes or sites:
(1) to prevent, eliminate or put under control plant diseases, insect
pests (including insects, ticks and mites), weeds, rats, molluscs and other
living beings harmful to agriculture and forestry;
(2) to prevent, eliminate or put under control diseases, insect pests,
rats and other harmful living beings in warehouses;
(3) to regulate the growth of plants and insects;
(4) to be used as antiseptics or preservatives of agricultural products or
forest products;
(5) to prevent, eliminate or put under control mosquitoes, flies,
cockroaches, rats and other harmful living beings; and
(6) to prevent, eliminate or put under control living beings harmful to
dykes and dams, railways, airports, buildings and other sites.
Article 3 The production, management and application
of agricultural chemicals within the territory of the People's Republic of
China shall observe these Regulations.
Article 4 The State encourages and supports research, production and
application of agricultural chemicals that are safe, highly efficacious and
economical.
Article 5 The agricultural department under the State Council shall be
responsible for the registration, supervision and control of agricultural
chemicals throughout the country. The agricultural departments of people's
governments of provinces, autonomous regions or municipalities directly under
the Central Government shall assist the agricultural department under the
State Council in the registration of agricultural chemicals, and shall be
responsible for the supervision and control of agricultural chemicals within
their respective administrative regions. The agricultural departments of
people's governments at the county level and in municipalities with
subordinate districts or autonomous prefectures shall be responsible for
the supervision and control of agricultural chemicals within their respective
administrative regions.
The chemical industry department under the State Council shall be
responsible for the overall planning, coordination, guidance, supervision
and administration of the production of agricultural chemicals. The chemical
industry departments of people's governments of provinces, autonomous regions
or municipalities directly under the Central Government shall be responsible
for the supervision and administration of the production of agricultural
chemicals within their respective administrative regions.
Other relevant departments of people's governments at or above the county Article 6 The State practises a registration system for agricultural The production (including the production of raw agricultural chemicals as Article 7 Agricultural chemicals produced or imported in the country for (1) the Field Trial Phase: Agricultural chemicals the registration of (2) the Interim Registration Phase: Producers of agricultural chemicals (3) the Formal Registration Phase: Producers of agricultural chemicals The registration certificate of agricultural chemicals and the An application for change in registration shall be filed if an Article 8 When applying for registration of agricultural chemicals The appraisal institution of agricultural chemicals attached to the Article 9 Managerial specialists and technical specialists of After the departments under the State Council in charge of agriculture, Article 10 If a producer produces identical agricultural chemicals Article 11 Production of agricultural chemicals shall conform to the Article 12 Whoever intends to establish an agricultural chemicals (1) having technicians and skilled workers required by the kind of (2) having workshops, production facilities and hygienic conditions (3) having facilities up to the national standards for labour safety and (4) having product quality standards and product quality guarantee system; (5) producing agricultural chemicals having been granted registration (6) having facilities and measures for pollution prevention and treatment After the establishment of an agricultural chemicals producing enterprise Article 13 The State practises a licence system for production of Production of those agricultural chemicals for which the national or Production of those agricultural chemicals for which a standard within Article 14 Agricultural chemicals producing enterprises shall conduct Article 15 Products of agricultural chemicals shall be attached with Article 16 Before leaving the factory, agricultural chemicals shall Article 17 Any of the following units may market agricultural chemicals: (1) units of the supply and marketing cooperatives marketing means of (2) plant protection stations; (3) soil fertilizer stations; (4) agricultural or forestry technology dissemination institutions; (5) institutions for prevention of forest diseases and insect pests; (6) agricultural chemicals producing enterprises; and (7) other marketing units stipulated by the State Council. Whoever intends to market agricultural chemicals categorized as Article 18 An agricultural chemicals marketing unit shall meet the (1) having technicians qualified for marketing agricultural chemicals; (2) having a place of business, equipment, warehousing facilities, safety (3) having rules and regulations established for marketing of (4) having a commensurate system and means for quality control over Article 19 When purchasing agricultural chemicals, an agricultural Purchase or sale of those agricultural chemicals without Article 20 Agricultural chemicals marketing units shall build up reserve Rules for the storage and safekeeping of agricultural chemicals shall be Article 21 Agricultural chemicals marketing units shall guarantee quality Agricultural chemicals marketing units shall explain correctly to Article 22 Agricultural chemical products with an expired period of Article 23 Agricultural departments of people's governments at or above Article 24 Agricultural departments of local people's governments at or Article 25 Use of agricultural chemicals shall comply with Article 26 Use of agricultural chemicals shall comply with the relevant Hypertoxic or high toxic agricultural chemicals shall not be used for the Article 27 In use of agricultural chemicals, attention shall be paid It is strictly prohibited to poison fishes, shrimps, birds, beasts, etc. Article 28 Administrative departments in charge of forestry, foodgrains Article 29 No unit or individual shall produce agricultural chemicals No unit or individual shall produce, market, import or use agricultural Import of agricultural chemicals shall comply with the relevant state Article 30 Production, marketing or use of fake agricultural Any of the following agricultural chemicals are fake agricultural (1) those not being agricultural chemicals but passed off as genuine (2) those with the kinds and names of effective ingredients not in Article 31 Production, marketing or use of inferior agricultural Any of the following agricultural chemicals are inferior agricultural (1) those not conforming to the quality standards of agricultural (2) those having lost effectiveness; or (3) those mixed with ingredients that can cause harmful chemical Article 32 Marketing of agricultural chemicals without labels or with Article 33 Printing, broadcasting, setting up or putting up of Advertisements for agricultural chemicals shall have contents consistent Article 34 If those agricultural chemicals having undergone registration Article 35 No unit or individual shall produce, market or use Article 36 Competent departments of people's governments at or above the Article 37 It is prohibited to sell agricultural and sideline products Article 38 Disposal of fake, inferior, expired or prohibited Article 39 Whoever commits any of the following acts shall be penalized (1) Anyone who, without a registration certificate or an interim (2) Anyone who continues to produce agricultural chemicals without (3) Anyone who produces or markets agricultural chemical products not (4) Anyone who, in using agricultural chemicals, fails to conform to the Whoever commits the act described in Item (4) of the preceding paragraph Article 40 Whoever commits any of the following acts shall be penalized (1) Anyone who establishes an agricultural chemicals producing enterprise (2) Anyone who, in producing agricultural chemicals, fails to conform to Article 41 If anyone falsely uses, forges or transfers the registration Article 42 If anyone produces or markets fake or inferior agricultural Article 43 Any producer or seller of agricultural chemicals who Article 44 Any violator of these Regulations who causes a poisoning Article 45 If anyone, in violation of these Regulations, causes Article 46 Functionaries in charge of agricultural chemicals who abuse Article 47 If provisions related to agricultural chemicals in an Article 48 These Regulations shall come into effect as of May 8, 1997.
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level shall be responsible for the supervision and administration of the
production of agricultural chemicals according to their terms of reference.
Chapter II Registration of Agricultural Chemicals
chemicals.
well as the processing and packing of preparations, the same hereinafter) and
importation of agricultural chemicals must enter into registration.
the first time shall be registered by the following three phases:
which to be applied for shall be put in field trials subject to approval
after their researchers so apply for. Those at the field trial phase shall
not be sold.
which require demonstrations of field trials for trial sale and which require
to be used under special circumstances after field trials shall apply for
interim registration. After the agricultural department under the State
Council issues a certificate for interim registration, those agricultural
chemicals can be demonstrated for trial sale within a designated scope.
which can be circulated as standard commodities upon demonstrations of field
trials for trial sale shall apply for formal registration. After the
agricultural department under the State Council issues a registration
certificate of agricultural chemicals, those agricultural chemicals can be
produced and sold.
certificate for interim registration of agricultural chemicals shall
respectively specify the period of validity for registration. If it is
necessary to continue to produce or sell to China agricultural chemical
products after the expiration of such period of validity, an application
for the extension of registration shall be filed before the expiration date
of the registration.
agricultural chemical having been granted formal registration or interim
registration changes in its pharmaceutical form, ingredients, usage or
directions for use within the period of validity for its registration.
pursuant to the provisions of Article 7 of these Regulations, researchers,
producers or foreign enterprises selling agricultural chemicals to China shall
provide samples of agricultural chemicals to the agricultural department under
the State Council, or to the agricultural department under the State Council
via the agricultural departments of provinces, autonomous regions and
municipalities directly under the Central Government, and shall,
at the same time, provide information on product chemistry and toxicology,
effectiveness, residues, environmental impact and label as required by the
agricultural department under the State Council for registration of
agricultural chemicals.
agricultural department under the State Council shall be responsible for
specific affairs relating to the registration of agricultural chemicals
throughout the country. The appraisal institutions of agricultural chemicals
attached to the agricultural departments of provinces, autonomous regions and
municipalities directly under the Central Government shall assist in handling
specific affairs relating to the registration of agricultural chemicals
within their respective administrative regions.
agricultural chemicals recommended by departments under the State Council
in charge of agriculture, forestry, chemical industry, public health,
environmental protection and foodgrains as well as the Chinese Federation of
Supply and Marketing Cooperatives shall form an evaluation and examination
committee for registration of agricultural chemicals.
chemical industry, public health and environmental protection and the Chinese
Federation of Supply and Marketing Cooperatives separately examine
information on applications for formal registration of agricultural chemicals
and write down their comments, the evaluation and examination committee for
registration of agricultural chemicals shall conduct an evaluation on the
agricultural chemicals in terms of product chemistry, toxicology,
effectiveness, residues and environmental impact. Based on the
evaluation of the evaluation and examination committee for registration of
agricultural chemicals, the agricultural department under the State Council
shall issue registration certificates for agricultural chemicals to those
applicants who conform to requirements.
already under registration by other manufacturers, the producer shall apply
for registration for the agricultural chemicals and provide samples and
information prescribed in Article 8 of these Regulations. The agricultural
department under the State Council shall issue to the producer a registration
certificate for agricultural chemicals.
Chapter III Production of Agricultural Chemicals
state industrial policies on the agricultural chemical industry.
producing enterprise (including any jointly operated enterprise, any branch
or any workshop established for producing agricultural chemicals in a
non-agricultural chemicals producing enterprise) shall fulfil the following
conditions, subject himself/herself to the examination and consent of the
chemical industry department of the province, autonomous region or
municipality directly under the Central Government in the place where the
enterprise is to be located, then report to the chemical industry department
under the State Council for approval. If laws or administrative regulations
have other provisions regarding conditions for the establishment of
enterprises, and the examination and approval authority, these provisions
shall prevail.
agricultural chemicals to be produced;
required by the kind of agricultural chemicals to be produced;
health and corresponding rules for labour safety and health management;
according to law; and
as required by the state for environmental protection and discharge of
pollutants not exceeding the national and local standards.
has been approved, it shall apply to the organ of industry and commerce
administration for a business licence.
agricultural chemicals.
trade standards exist shall acquire a production licence issued by the
chemical industry department under the State Council.
the enterprise exists but the national or trade standards have not yet been
set shall be examined by the chemical industry department of the province,
autonomous region and municipality directly under the Central Government and,
on gaining consent, reported to the chemical industry department under the
State Council for approval and issuance of an approval document for production
of agricultural chemicals.
production according to quality standards and technical rules for
agricultural chemical products, and shall keep their production records
complete and accurate.
a label or a description. Labels shall be tightly stuck on or be printed on
packages of agricultural chemicals. Labels or descriptions shall have
indications concerning the name of agricultural chemicals, name of the
producing enterprise, product batch number and number of the registration
certificate or interim registration certificate, number of the production
licence or number of the approval document for production of the agricultural
chemicals, as well as ingredients, contents, weight, product characteristics,
toxicity, usage, techniques and directions for use, date of production, period
of effectiveness and precautions for applying the agricultural chemicals.
Those agricultural chemicals separately packed for distribution shall also be
given the names of the packing units.
undergo quality inspections and be attached with a certificate of quality
inspection. No substandard agricultural chemicals shall be dispatched from
the factory.
Chapter IV Marketing of Agricultural Chemicals
agricultural production;
dangerous chemicals shall obtain a marketing licence according to the
relevant state provisions.
following requirements and other requirements prescribed in the relevant laws
and administrative regulations and shall take out a business licence
according to law from the organ of industry and commerce administration
before engaging in marketing of agricultural chemicals:
and protection measures and facilities and measures for pollution prevention
and treatment required by marketing of agricultural chemicals;
agricultural chemicals; and
agricultural chemicals to be marketed.
chemicals marketing unit shall check the agricultural chemical products with
the product labels or descriptions and certificates of product quality to find
them to tally and conduct quality inspections.
a registration certificate or interim registration certificate, without
a production licence or approval document for production, without product
quality standards and a certificate of product quality, or without passing
quality inspection shall be prohibited.
of agricultural chemicals according to the relevant state provisions.
established and executed to ensure the quality and safety of agricultural
chemical products.
of agricultural chemicals they sell and shall check product labels or
descriptions and certificates of product quality with the agricultural
chemical products to find them to tally.
the users of agricultural chemicals, whether units or individuals, the usage,
directions for use, dosages, emergency measures for poisoning and precautions
of agricultural chemicals.
guaranteed quality may continue to be sold within a fixed period if they are
still up to the standards subject to the inspection of the appraisal
institution of agricultural chemicals attached to the agricultural department
of the people's government at or above the provincial level. However, the
words "expired agricultural chemicals" must be indicated and directions for
use and dosages must be given.
Chapter V Application of Agricultural Chemicals
the county level shall, under the plant protection policy of "prevention
first and integrated prevention and control", organize the
popularization of agricultural chemicals that are safe and highly efficacious,
conduct training to improve peasants' level in the application of agricultural
chemicals, and give forecasts of plant diseases and insect pests.
above the county level shall give directions for safe and rational use of
agricultural chemicals and, in the light of occurrences of local agricultural
disasters due to plant diseases, insect pests, weeds or rats, work out
programmes for alternate use of agricultural chemicals, by alternately using
agricultural chemicals according to the programmes, alleviate the
drug-resistance of plant diseases, insect pests, weeds and rats and improve
the results of prevention and control.
anti-poisoning rules. The preparation and application of agricultural
chemicals, disposal of wastes and safety and protection shall be properly
handled to prevent environmental pollution and poisoning accidents by
agricultural chemicals.
state provisions regarding safe and rational use of agricultural chemicals.
Dosages, frequency, ways and safety intervals for use of agricultural
chemicals shall conform to the regulations to prevent pollution to
agricultural and sideline products.
prevention and control of insects harmful to hygienic conditions, and shall
not be applied to vegetables, melons, fruits, tea and traditional Chinese
medicinal herbs.
to environmental protection, protection of beneficial organisms and precious
and rare species.
with agricultural chemicals.
and public health shall step up guidance for safe, rational use of
agricultural chemicals in forestry, grain reserve and public health.
Chapter VI Other Provisions
without a production licence for agricultural chemicals or an approval
document for the production of agricultural chemicals.
chemicals without a registration certificate or an interim registration
certificate for agricultural chemicals.
provisions. An importer or his/her agent shall produce to the Customs his/her
registration certificate or interim registration certificate acquired for
agricultural chemicals in China.
chemicals shall be prohibited.
chemicals:
ones, or those being a kind of agricultural chemicals but passed off as
another kind; or
conformity with the kinds and names of effective ingredients indicated in
the product labels or descriptions.
chemicals shall be prohibited.
chemicals:
chemical products;
effects or mixed with other harmful ingredients.
incomplete or unclear labels on product packages shall be prohibited.
advertisements for agricultural chemicals without undergoing registration
shall be prohibited.
with those in registration of agricultural chemicals and shall be subject to
examination according to the provisions of the advertisement law and the
relevant state provisions governing advertisements for agricultural chemicals.
are found within the period of validity for registration severely harmful to
agriculture, forestry, safety of humans and animals and ecological
environment, the agricultural department under the State Council shall, based
on the deliberation of the evaluation and examination committee for
registration of agricultural chemicals, announce restrictions upon the use or
nullify the registration thereof.
agricultural chemicals the production of which has been prohibited expressly
by the state or the registration of which has been nullified by the state.
county level shall check and monitor the amount of residues of agricultural
chemicals accumulating in agricultural and sideline products.
containing residues of agricultural chemicals in excess of the standards.
agricultural chemicals, or discarded packages of agricultural chemicals, or
other wastes containing agricultural chemicals must strictly conform to the
relevant provisions of laws and regulations on environmental protection in
order to prevent environmental pollution.
Chapter VII Penalties
by the agricultural departments according to the following provisions:
registration certificate for agricultural chemicals, produces or markets
agricultural chemicals, or produces or markets agricultural chemicals
the registration of which has been nullified, shall be ordered to stop
the production or marketing, and, in addition to confiscation of the illegal
gains, concurrently fined more than 100% and less than ten times of the
amount of the illegal gains. If there is no illegal gain, the offender shall
be concurrently fined not more than RMB 100,000 Yuan.
renewing the expired registration certificate or the expired interim
registration certificate for agricultural chemicals, shall be ordered to go
through the renewing formalities within a time limit retrospectively, with
the illegal gains confiscated, and may be concurrently fined not more than
five times of the amount of the illegal gains. If there is no illegal gain,
the offender shall be concurrently fined not more than RMB 50,000 Yuan. If
the offender fails to go through the renewing formalities within the time
limit retrospectively, the department that issued the certificate shall order
him/her to stop production and marketing and revoke the registration
certificate or the interim registration certificate for agricultural
chemicals.
having labels attached to the packages, or those having incomplete or unclear
labels on product packages, or those having contents in the labels altered,
shall be given a warning, with the illegal gains confiscated, and may be
concurrently fined not more than three times the amount of the illegal gains.
If there is no illegal gain, the offender shall be concurrently fined not
more than RMB 30,000 Yuan.
relevant state provisions regarding safe use of agricultural chemicals, shall
be given a warning and may be concurrently fined not more than RMB 30,000
Yuan.
shall, if a crime has been constituted, be investigated for criminal
responsibility according to law.
by the chemical industry department of the people's government at or above
the provincial level according to the following provisions:
without approval, or produces agricultural chemicals without a production
licence or an approval document for production of agricultural chemicals,
shall be ordered to stop production and, with the illegal gains
confiscated, concurrently fined more than 100% and less than ten times of
the amount of the illegal gains. If there is no illegal gain, the offender
shall be fined not more than RMB 100,000 Yuan.
the provisions in the production licence or the approval document for
production of agricultural chemicals, shall be ordered to stop production
and, with the illegal gains confiscated, concurrently fined more than
100% and less than five times of the amount of the illegal gains. If there
is no illegal gain, the offender shall be concurrently fined not more than RMB
50,000 Yuan. If the circumstances are serious, the organ that issued the
licence or the approval document shall revoke the production licence or the
approval document for production of agricultural chemicals.
certificate of agricultural chemicals or the interim registration certificate
of agricultural chemicals, or the number of either of the certificates, or the
production licence of agricultural chemicals or the approval document for
production of agricultural chemicals, or the number of either of the licence
or the document, the agricultural department shall withdraw or revoke the
registration certificate or the interim registration certificate, the chemical
industry department shall withdraw or revoke the production licence or the
approval document for production, the agricultural department or the chemical
industry department shall confiscate the illegal gains, and may concurrently
impose a fine less than ten times the amount of the illegal gains. If there is
no illegal gain, the offender may be concurrently fined not more than RMB
100,000 Yuan. If a crime has been constituted, the offender shall be
investigated for criminal responsibility according to law.
chemicals, the agricultural department or other competent departments
prescribed in laws or administrative regulations shall confiscate the fake or
inferior agricultural chemicals and the illegal gains, and shall concurrently
impose a fine more than 100% and less than ten times of the amount of the
illegal gains. If there is no illegal gain, the offender shall be concurrently
fined not more than RMB 100,000 Yuan. If the circumstances are serious, the
agricultural department shall revoke the registration certificate or interim
registration certificate of agricultural chemicals, and the chemical industry
department shall revoke the production licence or the approval document for
production of agricultural chemicals. If a crime has been constituted, the
offender shall be investigated for criminal responsibility according to law.
violates laws and regulations regarding industry and commerce administration,
or any violator of laws governing advertisements for agricultural chemicals
shall be penalized by the organ of industry and commerce administration
according to the relevant provisions of laws and regulations.
accident by agricultural chemicals, environmental pollution, a chemical
disaster or other economic losses shall compensate for losses according
to law.
a major accident in the course of production, storage, transportation or
use of agricultural chemicals, resulting in serious consequences enough to
constitute a crime, the person directly in charge or other persons directly
responsible shall be investigated for criminal responsibility according to
law. If a crime has not been constituted, administrative sanctions shall be
imposed according to law.
power, neglect duties, engage in malpractices for selfish gains, or extort or
take bribes shall, if a crime has been constituted, be investigated for
criminal responsibility according to law. If a crime has not been constituted,
the offender shall be imposed administrative sanctions according to law.
Chapter VIII Supplementary Provisions
international treaty concluded or acceded to by the People's Republic of
China are different from the provisions of these Regulations, the provisions
in the international treaty shall prevail with the exception of those
articles and paragraphs on which China has stated her reservations.
URL: http://www.asianlii.org/cn/legis/cen/laws/rotcoac491