The Regulations on the Control of Agrochemicals, revised and adopted at the 164th Executive Session of the State Council on February 8, 2017, are hereby promulgated and shall become effective on June 1, 2017.
Li Keqiang
Premier
March 16, 2017
Regulations on the Control of Agrochemicals
Promulgated by Decree 216 of the State Council of the People’s Republic of China
on May 8, 1997, revised in accordance with the November 29, 2001 Resolution
of the State Council on Revising the Regulations on the Control of Agrochemicals,
and revised and adopted at the 164th Executive Session of
the State Council on February 8, 2017
Regulations on the Control of Agrochemicals
Chapter I General Provisions
Article 1 These Regulations are formulated for the purposes of strengthening control of agrochemicals, ensuring the quality of agrochemicals, protecting agricultural and forestry production and the ecological environment, and ensuring the quality and safety of agricultural products and the safety of human beings and animals.
Article 2 An agrochemical, as referred to in these Regulations, means a substance or mixture or other preparation of one or more substances derived from chemical synthesis, or originating from biological and other natural sources, used to prevent or control diseases, pest insects, weeds or other living beings harmful to agriculture and forestry, and to purposely regulate the growth of plants and insects.
Agrochemicals, as stipulated in the preceding paragraph, include various types used for the following purposes:
(1) To prevent or control diseases, pest insects (including insects, ticks, and mites), weeds, rodents, mollusks and other organisms harmful to agriculture and forestry;
(2) To prevent or control diseases, pest insects, rodents and other organisms harmful to storehouses and processing sites;
(3) To regulate the growth of plants and insects;
(4) To be used as preservatives in agricultural or forestry products;
(5) To prevent or control mosquitoes, flies, cockroaches, rodents and other harmful organisms;
(6) To prevent or control organisms harmful to dykes and dams, railways, ports, airports, buildings and other sites.
Article 3 The agricultural authority of the State Council shall be responsible for the supervision and control of agrochemicals nationwide.
Agricultural authorities of local people’s governments at or above the county level shall be responsible for the supervision and control of agrochemicals within their respective administrative areas.
Other relevant departments of people’s governments at or above the county level shall be responsible for the supervision and control of agrochemicals within the scope of their respective duties.
Article 4 Local people’s governments at or above the county level shall strengthen organization and leadership of agrochemical supervision and control, include funds for agrochemical supervision and control work in government budgets at the same level, and ensure agrochemical supervision and control work is carried out.
Article 5 Agrochemical producers and dealers shall be responsible for the safety and effectiveness of the agrochemicals they produce and deal in, and shall accept government and public oversight.
Agrochemical producers and dealers shall strengthen the industry’s self-regulation and standardize production and dealing practices.
Article 6 The State encourages and supports the development, production and use of safe, efficient and economical agrochemicals, and promotes their professional use and upgrades to the agrochemical industry.
Units and individuals that make outstanding contributions to the development, spread, supervision and control of agrochemicals shall receive recognition and reward in accordance with relevant provisions of the State.
Chapter II Registration of Agrochemicals
Article 7 The State implements an agrochemical registration system. Agrochemical producers and enterprises that export agrochemicals to China must apply to register agrochemicals in accordance with the provisions of these Regulations. Developers of new agrochemicals may apply to register them in accordance with the provisions of these Regulations.
The agency responsible for testing agrochemicals under the State Council agricultural authority shall be responsible for specific agrochemical registration work. Agencies responsible for testing agrochemicals under agricultural authorities of local people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall assist with specific agrochemical registration work within their local administrative areas.
Article 8 The State Council agricultural authority shall organize the establishment of agrochemical registration review committees responsible for evaluating registration applications.
Agrochemical registration review committees shall consist of the following people:
(1) Experts from State Council departments in charge of agriculture, forestry, health, environmental protection, food, industrial administration and production safety oversight and supervision, as well as experts in the areas of agrochemical product chemicals, efficacy, toxicology, residues, the environment, quality and standards, and testing that have been recommended by supply and marketing cooperatives and other units;
(2) Relevant experts from the Expert Committee of National Food Safety Risk Assessment;
(3) Representatives from State Council departments in charge of agriculture, forestry, health, environmental protection, food, industrial administration and production safety oversight and supervision, as well as from supply and marketing cooperatives.
Rules for evaluating agrochemical registration shall be formulated by the State Council agricultural authority.
Article 9 Anyone applying to register an agrochemical must undergo a registration test.
Agrochemical registration tests shall be reported to local agricultural authorities of people’s governments of provinces, autonomous regions and municipalities directly under the Central Government for their records.
Applications for new agrochemical registration tests shall be submitted to the State Council agricultural authority. The State Council agricultural authority shall, within 40 working days of receiving applications, assess the safety risks and preventative measures of tests. Where the necessary conditions are met, they shall be granted registration test status; where the necessary conditions are not met, applicants shall be notified of the reasons in writing.
Article 10 Registration tests should be carried out by registration testing units designated by the State Council agricultural authority in accordance with provisions of the State Council agricultural authority.
Agrochemicals with the same composition, scope of use, and method of use as agrochemicals already registered in China shall be exempt from residue and environmental testing, but agrochemicals already registered in China shall, in accordance with the provisions of Article 15 of these Regulations, receive authorization from the registration certificate holder within the protection period of the registration data.
Registration testing units shall be responsible for the authenticity of registration test reports.
Article 11 Following registration testing, applicants shall submit agrochemical registration applications to agricultural authorities of people’s governments of provinces, autonomous regions and municipalities directly under the Central Government where they are located, and submit application materials, including a registration test report, label sample and agrochemical product quality standards and testing methods. Applications to register new agrochemicals should also include a standard product sample.
Agricultural authorities of people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, within 20 working days of receiving an application, submit preliminary assessment opinions and report them to the State Council agricultural authority.
Companies exporting agrochemicals to China that apply to register agrochemicals shall submit an application to the State Council agricultural authority together with the information stipulated in Paragraph 1 of this Article, a standard product sample, and evidence of registration and use from relevant country (or region).
Article 12 Upon receiving an application or application materials sent by agricultural authorities of people’s government of provinces, autonomous regions and municipalities directly under the Central Government, the State Council agricultural authority shall organize an examination and registration assessment, and make a decision within 20 working days of receiving assessment opinions. Where the necessary conditions are met, an agrochemical registration certificate shall be issued; where the necessary conditions are not met, applicants shall be notified of the reasons in writing.
Article 13 Agrochemical registration certificates shall specify the agrochemical name, formulation, active ingredient, contents, toxicology, scope of use, method of use, dosage, name of certificate holder, certificate number and validity.
Agrochemical registration certificates shall be valid for five years. If a certificate expires and it is necessary to continue producing the agrochemical or to export the agrochemical to China, the agrochemical registration certificate holder shall apply to the State Council agricultural authority for an extension of the registration certificate 90 days prior to its expiration.
Where a change occurs to the information contained on an agrochemical registration certificate, the agrochemical registration certificate holder shall apply to change the agrochemical registration certificate in accordance with provisions of the State Council agricultural authority.
The State Council agricultural authority shall promptly announce information concerning the issuance, extension or alteration of agrochemical registration certificates and relevant agrochemical product quality standards, stipulated residue limits, testing methods and approved labels.
Article 14 New agrochemical developers may transfer new agrochemical registration information from a previous registration; agrochemical producers may transfer agrochemical registration information from a previous registration to an agrochemical producer with corresponding production capabilities.
Article 15 The State shall protect undisclosed test data and other data obtained from applicants registering agrochemicals for the first time and containing new compounds.
Within six years of the date of a registration, any other party who uses the data outlined in the preceding paragraph to apply to register an agrochemical without the consent of the applicant who has already registered shall be refused registration by the registration authority, except where the other applicant submits data obtained him or herself.
The registration authority shall not disclose data stipulated in Paragraph 1 of this Article except in the following circumstances:
（1） It is in the public interest;
（2） Measures have been taken to ensure that such information shall not be used improperly for commercial use.
Chapter III Agrochemical Production
Article 16 Agrochemical production shall conform with national industrial policies. The State encourages and supports agrochemical producers to adopt advanced technology and advanced management practices to improve the safety and effectiveness of agrochemicals.
Article 17 The State implements an agrochemical production license system. Agrochemical producers that meet the following conditions shall apply for an agrochemical production license from agricultural authorities of people’s governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the provisions of the State Council agricultural authority:
(1) Have suitable technical personnel for the agrochemical production applied for;
(2) Have suitable facilities for the agrochemical production applied for;
(3) Have personnel, instruments and equipment suitable for carrying out quality management and quality testing for the agrochemical production applied for;
(4) Have a system of rules and regulations for guaranteeing the quality of the agrochemical production applied for.
Agricultural authorities of provinces, autonomous regions and municipalities directly under the Central Government shall, within 20 working days of receiving applications, make decisions, and carry out on-site inspections, if necessary. Where the necessary conditions are met, an agrochemical registration certificate shall be issued; where the necessary conditions are not met, applicants shall be notified of the reasons in writing.
Agrochemical producers shall also comply with other provisions of production safety and environmental protection laws and regulations concerning production conditions.
Article 18 Agrochemical production licenses shall specify the name, address, legal representative (responsible person), scope of production and production address of the agrochemical production company, as well as the validity of the license.
Agrochemical production licenses shall be valid for five years. If a license expires and it is necessary to continue producing the agrochemical, the agrochemical production company shall apply for an extension to a local agricultural authority of a people’s government of a province, autonomous region or municipality directly under the Central Government 90 days prior to its expiration.
Where a change occurs to the information contained on an agrochemical production license, the agrochemical production company shall apply to change the agrochemical production license in accordance with provisions of the State Council agricultural authority.
Article 19 Where agrochemical processing and packaging is outsourced, the outsourcer shall obtain a corresponding agrochemical registration certificate, and the entrusted party shall obtain an agrochemical production license.
The outsourcer shall be responsible for the quality of agrochemical processing and packaging.
Article 20 Agrochemical producers that purchase raw materials shall examine production quality inspection certificates and other relevant license documents, and must not purchase or use raw materials that do not have a product quality inspection certificate in accordance with the law or do not have relevant license documents in accordance with the law.
Agrochemical producers shall keep raw material purchasing records, which shall truthfully record the name, relevant license document numbers, specifications, quantity, supplier name and contact details, and supply date of the raw materials. Raw material purchasing records shall be kept for no less than two years.
Article 21 Agrochemical production enterprises shall strictly adhere to product quality standards in the course of production to ensure agrochemical products are consistent with registered agrochemicals. Factory sold agrochemicals must pass quality inspections and have product quality inspection certificates.
Agrochemical producers shall establish factory sales records, which shall truthfully record the name, specifications, quantity, production date and batch number of agrochemicals, as well as product quality inspection information, name and contact details of purchasers and sales dates. Agrochemical factory sales records shall be kept for no less than two years.
Article 22 Agrochemical packaging shall comply with relevant provisions of the State and shall have printed or stuck-on labels. The State encourages agrochemical producers to use recyclable packaging materials.
Agrochemical labels shall, in accordance with provisions of the State Council agricultural authority, indicate in Chinese the name, formulation, active ingredient, contents, toxicology and identification, scope of use, method of use, dosage, technical requirements, precautions, date of production of agrochemicals and traceable electronic information codes.
Toxic and highly toxic agrochemicals, agrochemicals with strict technical requirements and other agrochemicals with restricted uses shall be marked with the words “Restricted Use” and indicate their particular restrictions and special requirements. Labels of agrochemicals used in food products shall also indicate the restricted-entry interval.
Article 23 Agrochemical producers must not alter the information of approved agrochemical labels and must not make false claims or mislead users on labels.
Where agrochemical packaging is too small and not all information can be given on a label, an accompanying instruction manual shall be provided, the contents of which shall be the same as the approved label information.
Chapter IV Agrochemical Business
Article 24 The State implements an agrochemical business license system, which does not include agrochemicals used in public health. Agrochemical business dealers that meet the following conditions shall apply for an agrochemical business license from agricultural authorities of local people’s governments at or above the county level in accordance with the provisions of the State Council agricultural authority:
(1) Have operators with expert knowledge of agrochemicals and pest control, who are familiar with provisions on agrochemical control, and who can guide the safe and rational use of agrochemicals;
(2) Have business premises and storage areas that are effectively isolated from other commodities and drinking water sources, and are equipped with protective facilities suitable for the agrochemical business applied for;
(3) Have quality management, accounting, records, security, emergency response and storage management systems suitable for the agrochemical business applied for.
Anyone seeking to deal in restricted use agrochemicals shall also have the necessary guidance and pest control professional and technical personnel, and they shall implement fixed-point operations in accordance with the provisions of local agricultural authorities of people’s governments of provinces, autonomous regions and municipalities directly under the Central Government.
Agricultural authorities of local people’s governments at or above the county level shall make a decision within 20 working days of receiving an application. Where the necessary conditions are met, an agrochemical business license shall be issued; where the necessary conditions are not met, applicants shall be notified of the reasons in writing.
Article 25 Agrochemical business licenses shall specify the name, address, person in charge, scope of business and validity of the agrochemical dealer.
Agrochemical business licenses shall be valid for five years. If a license expires and it is necessary to continue dealing in agrochemicals, the agrochemical dealer shall apply to the license issuing authority for an extension 90 days prior to its expiration.
Where a change occurs to the information contained on an agrochemical business license, the agrochemical dealer shall apply to change the agrochemical production license in accordance with provisions of the State Council agricultural authority.
Where an agrochemical dealer with an agrochemical business license sets up a branch operation, they shall apply to change their agrochemical business license in accordance with the law, and file the same with the agricultural authority of a local people’s government at or above the county level where the branch is located, and the branch operation shall be exempt from applying for an agrochemical business license. Agrochemical dealers shall be responsible for the business activities of their branches.
Article 26 When purchasing agrochemicals, agrochemical dealers shall check product packaging, labels, product quality testing certificates and relevant license documents, and must not purchase agrochemicals from agrochemical producers that do not have an agrochemical production license or from other agrochemical dealers who do not have an agrochemical business license.
Agrochemical dealers shall establish procurement accounting and truthfully record details including names, relevant license and document numbers, specifications, quantities, names and contact details of producers and suppliers, and purchase dates. Procurement accounts shall be kept for not less than two years.
Article 27 Agrochemical dealers shall establish sales accounting and truthfully record details including names, specifications, quantities, producers, purchasers and sales dates. Sales accounts shall be kept for not less than two years.
Agrochemical dealers shall ask purchasers about the occurrence of pests and scientifically recommend agrochemicals. Where necessary, they shall conduct on-site checks of pests and correctly explain the scope of use, method of use, dosage, technical requirements and precautions of agrochemicals. Agrochemical dealers must not mislead purchasers.
The provisions of paragraphs 1 and 2 of this Article do not apply to agrochemicals used in public health.
Article 28 Agrochemical dealers must not process or package agrochemicals, must not add any substances to agrochemicals, and must not purchase or sell packaging or labels in a manner that violates these provisions, without product quality inspection certificates or without relevant license documents.
Business dealers of agrochemicals used in public health shall sell agrochemicals used in public health and other commodities separately; business dealers of other agrochemicals must not sell foodstuffs, edible agricultural products, or fodder in the same premises as agrochemicals.
Article 29 Foreign enterprises must not directly sell agrochemicals in China. Foreign enterprises that wish to sell agrochemicals in China shall set up sales offices in China or appoint qualified Chinese agents to sell them on their behalf.
Agrochemicals exported to China shall have attached labels and instructions written in Chinese, comply with product quality standards and pass an inspection by an entry-exit inspection and quarantine department in accordance with the law. It is forbidden to import agrochemicals for which an agrochemical registration certificate has not been obtained.
Relevant supporting certificate documents shall be produced during customs declaration procedures for importing and exporting agrochemicals in accordance with provisions of the General Administration of Customs.
Chapter V Use of Agrochemicals
Article 30 Agricultural authorities of people’s governments at or above the county level shall strengthen agrochemical user guidance and services, establish sound systems for the safe and rational use of agrochemicals, and, in accordance with the requirements of putting prevention first and achieving comprehensive prevention and treatment, organize the expansion of technology for the scientific use of agrochemicals, so as to regulate the use of agrochemicals. Forestry, food and sanitation departments shall strengthen technical guidance for the safe and rational use of agrochemicals in their respective areas, and departments in charge of environmental protection shall strengthen technical guidance on environmental protection and pollution prevention in the course of using agrochemicals.
Article 31 Agricultural authorities of county-level people’s governments shall organize the provision of free technical training to agrochemical users by plant protection, agricultural technology promotion and other agencies, in order to improve the safe and rational use of agrochemicals.
The State encourages agricultural scientific research units, relevant schools, farmers’ professional cooperatives, supply and marketing cooperatives, agricultural social service organizations and professionals to provide technical services to agrochemical users.
Article 32 The State shall gradually reduce the use of agrochemicals by promoting biological controls, physical controls, advanced spraying devices and other measures.
County-level people’s governments shall implement plans to reduce agrochemical use in their respective administrative areas and encourage and support agrochemical users who implement agrochemical reduction plans and voluntary reduce the volume of agrochemicals used.
Agricultural authorities of county-level people’s governments shall encourage and support the establishment of dedicated pest control service organizations, and guide, regulate, and manage dedicated pest control efforts and the limited dispensation and use of agrochemicals, in order to improve pest control.
Agricultural authorities of county-level people’s governments shall guide agrochemical users to plan the rotation of agrochemicals so as to reduce resistance among diseases, insects, weeds, rodents and other organisms harmful to agriculture and forestry.
People’s governments of townships and towns shall assist with the work of guiding agrochemical use and providing agrochemical services.
Article 33 Agrochemical users shall abide by relevant systems of the State on the safe and rational use of agrochemicals, store agrochemicals properly, and adopt the necessary protective measures in the course of dispensing and using agrochemicals to avoid agrochemical accidents.
Agrochemical dealers who restrict the use of agrochemicals shall provide guidance to agrochemical users and gradually provide unified usage services.
Article 34 Agrochemical users shall use agrochemicals in accordance with the scope of use, method of use, dosage, technical requirements and precautions indicated on labels, and must not use them for other purposes, increase their dosage or alter the method of use.
Agrochemicals users must not use prohibited agrochemicals.
For agrochemicals with restricted-entry intervals indicated, harvesting of agricultural products must not take place during the restricted-entry interval.
Toxic and highly toxic agrochemicals must not be used to prevent sanitary pests, in the production of vegetables, fruit, tea, fungi and Chinese herbal medicines, or to control aquatic plant pests.
Article 35 Agrochemical users shall protect the environment and protect beneficial organisms and rare species, and must not dispose of agrochemicals, agrochemical packaging materials or cleaning or spraying equipment in protected drinking water areas and rivers.
It is strictly forbidden to use agrochemicals in protected drinking water source areas, or to use agrochemicals to poison fish, shrimp, birds and animals.
Article 36 Agricultural product producers, food and edible agricultural product storage companies, dedicated disease and pest control service organizations and famers’ professional cooperatives engaged in the production of agricultural products shall establish records of agrochemical use to truthfully record the times, places and targets of agrochemical use, as well as the names, volumes and producers of agrochemicals. Records of agrochemical use shall be kept for not less than two years.
The State encourages other agrochemical users to establish records of agrochemical use.
Article 37 The State encourages agrochemical users to properly collect agrochemical packaging and other waste materials. Agrochemical producers and agrochemical dealers shall recycle agrochemical waste materials and prevent agrochemicals from polluting the environment and the occurrence of agrochemical poisoning accidents. Specific measures shall be formulated by the State Council environmental protection department together with the State Council agricultural and finance departments.
Article 38 In the event of an agrochemical accident, the agrochemical user, agrochemical producer, agrochemical dealer and other relevant persons shall immediately report the matter to a local agricultural authority.
Upon receiving such a report, agricultural authorities shall immediately adopt measures to contain accidents and notify relevant departments so that they may adopt corresponding measures. Where accidents resulting in agrochemical poisoning occur, agricultural authorities and public security organs shall organize investigations and handle such matters in accordance with their duties and authority, and sanitation departments shall immediately organize medical treatment for injured persons in accordance with relevant provisions of the State. Where accidents resulting in environmental pollution occur, environmental protection and other relevant departments shall organize investigations and handle such matters in accordance with the law. Where accidents involving chemicals in grain stores or causing danger to crops occur, food and agricultural authorities, respectively, shall organize technical appraisals and investigate and deal with such matters.
Article 39 The State Council agricultural authority may, due to an urgent need to prevent or control the outbreak of a major disease or pest, decide to temporarily produce or use prescribed quantities of unregistered, prohibited or restricted agrochemicals, and, if necessary, shall decide, together with the State Council foreign trade department, to limit temporarily the export or to import temporarily a prescribed number and variety of agrochemicals.
The agrochemicals prescribed in the previous paragraph shall be used under the supervision and guidance of the agricultural authorities of county-level people’s governments.
Chapter VI Supervision and Management
Article 40 Agricultural authorities of people’s governments at or above the county level shall regularly conduct statistical surveys of the production, sale and use of agrochemicals, and shall promptly notify relevant departments of people’s governments at the same level of their results.
Agricultural authorities of local people’s governments at or above the county level shall establish and publish credit records for agrochemical production and dealing. Where they discover illegal agrochemical production or dealing that is suspected of amounting to a crime, they shall transfer the matter to a public security organ in accordance with the law to be investigated and dealt with accordingly.
Article 41 Agricultural authorities of people’s governments at or above the county level may, in the course of fulfilling their agrochemical supervision and control duties, adopt the following measures in accordance with the law:
(1) Enter a place of agrochemical production, dealing or use to carry out an on-site inspection;
(2) Carry out spot checks on the production, dealing and use of agrochemicals;
(3) Investigate relevant circumstances of relevant personnel;
(4) Inspect and copy contracts, bills, account books and other relevant information;
(5) Seize and detain agrochemicals that have been illegally produced, dealt or used, along with any associated tools, equipment and raw materials;
(6) Shut down places involved in illegal agrochemical production, dealing or use.
Article 42 The State shall establish an agrochemical recall system. Agrochemical producers who discover that their agrochemicals pose serious harm or a significant risk to agriculture, forestry, the safety of humans and animals, the quality and safety of agricultural products or the ecological environment, shall immediately cease production, inform relevant dealers and users, report the matter to their local agricultural authority, recall their products and keep records of notices and recalls.
Agrochemical dealers who discover that an agrochemical they deal in match any of the circumstances prescribed in the preceding paragraph shall immediately cease the sale of the agrochemical, notify relevant producers, suppliers and buyers, report the matter to their local agricultural authority and keep records of notices and stopped sales.
Agrochemical users who discover that an agrochemical they use matches any of the circumstances in the preceding paragraph, shall immediately stop using it, notify dealers and report the matter to their local agricultural authority.
Article 43 The State Council agricultural authority and agricultural authorities of people’s government of provinces, autonomous regions and municipalities directly under the Central Government shall organize for agencies responsible for agrochemical testing and plant protection agencies to monitor the safety and effectiveness of registered agrochemicals.
Where a registered agrochemical is found to pose serious harm or a significant risk to agriculture, forestry, the safety of humans and animals, the quality and safety of agricultural products or the ecological environment, the State Council agricultural authority shall organize for an agrochemical registration review committee to review the matter and to revoke or alter accordingly the agrochemical registration certificate based on the review results and, if necessary, make a public announcement concerning the prohibition or restricted use of the agrochemical.
Article 44 It is forbidden to produce or deal in fake agrochemicals.
Any of the following shall be deemed fake agrochemicals:
(1) Non-agrochemicals posing as agrochemicals;
(2) One type of agrochemical posing as another type of agrochemical;
(3) The types of active ingredients in an agrochemical are not consistent with those indicated on the label or in the instructions.
Prohibited agrochemicals, produced or imported agrochemicals not registered in accordance with the law, and agrochemicals without labels shall be treated as fake agrochemicals.
Article 45 It is forbidden to produce or deal in substandard agrochemicals.
Any of the following shall be deemed substandard agrochemicals.
(1) An agrochemical that does not meet product quality standards;
(2) An agrochemical that is mixed with an ingredient that causes harm, such as phytotoxicity.
Agrochemicals whose quality assurance period has expired shall be treated as substandard agrochemicals.
Article 46 Fake agrochemicals, substandard agrochemicals and recovered agrochemical waste shall be given to units with hazardous waste management capabilities for disposal, and disposal expenses shall be borne by the corresponding agrochemical producer and agrochemical dealer. Where it is unclear who the agrochemical producer or agrochemical dealer is, the cost of disposal shall be paid by the local county-level people’s government.
Article 47 It is forbidden to forge, alter, transfer, lease or lend agrochemical registration certificates, agrochemical production licenses, agrochemical business licenses or other license documents.
Article 48 Agricultural authorities of people’s governments at or above the county level and their staff, and agencies responsible for agrochemical testing and their staff, must not participate in agrochemical production and dealing activities.
Chapter VII Legal Liability
Article 49 Where agricultural authorities of people’s governments at or above the county level and their workers commit one of the following acts, they shall be ordered to rectify their behavior by the people’s government at the same level; responsible leaders and directly responsible persons shall be punished in accordance with the law; and where the actions of responsible leaders and directly responsible persons constitute a crime, they shall be investigated for legal liability in accordance with the law:
(1) Fail to perform their duties of supervision and control, resulting in the production or dealing of illegal chemicals leading to significant losses or adverse social effects within the administrative area under their jurisdiction;
(2) Grant licenses to people who do not meet the conditions for licenses or refuse licenses to people who meet the conditions for licenses;
(3) Participate in agrochemical production or dealing activities;
(4) Engage in favoritism, commit irregularities, misuse authority or neglect their duties.
Article 50 Where a member of an agrochemical registration review committee seeks illegitimate interests in the course of agrochemical registration review work, the State Council agricultural authority shall remove the member from the agrochemical registration review committee. If they are an employee of the State, they shall be punished in accordance with the law, and if their actions constitute a crime, they shall be investigated for legal liability in accordance with the law.
Article 51 Where registered pilot units issue false registration test reports, agricultural authorities of provinces, autonomous regions and municipalities directly under the Central Government shall confiscate any illegal gains and impose a fine of not less than RMB 50,000 but not more than RMB 100,000. The State Council agricultural authority shall remove its name from the list of registration testing units and not accept an application from the unit to become a registration testing unit for a period of five years. Where its actions constitute a crime, legal liability shall be investigated in accordance with the law.
Article 52 Where units or individuals produce agrochemicals without an agrochemical production license or produce fake agrochemicals, agricultural authorities of local people’s governments at or above the county level shall order them to cease production, and confiscate any illegal gains as well as any illegally produced products and tools, equipment and raw materials used in the illegal production. Where the value of the illegally produced products is less than RMB 10,000, a fine of not less than RMB 50,000 but not more than RMB 100,000 shall be simultaneously imposed; where the value of the illegally produced products is more than RMB 10,000, a fine of not less than 10 times but not more than 20 times the value of the products shall be simultaneously imposed, and license issuing authorities shall revoke their agrochemical production licenses and corresponding agrochemical registration certificates. Where their actions constitute a crime, they shall be investigated for legal liability in accordance with the law.
Where agrochemical producers with agrochemical production licenses no longer meet the prescribed conditions to continue producing agrochemicals, agricultural authorities of local people’s governments at or above the county level shall order them to rectify their behavior. Where they fail or refuse to rectify their behavior, or still fail to meet the conditions after rectifying their behavior, license issuing authorities shall revoke their agrochemical production licenses.
Where agrochemical producers produce substandard agrochemicals, agricultural authorities of local people’s governments at or above the county level shall order them to cease production and confiscate any illegal gains as well as any illegally produced products and tools, equipment and raw materials used in the illegal production. Where the value of the illegally produced products is less than RMB 10,000, a fine of not less than RMB 10,000 but not more than RMB 50,000 shall be simultaneously imposed; where the value of the illegally produced products is more than RMB 10,000, a fine of not less than five times but not more than 10 times the value of the products shall be simultaneously imposed, and license issuing authorities shall revoke their agrochemical production licenses and corresponding agrochemical registration certificates. Where their actions constitute a crime, they shall be investigated for legal liability in accordance with the law.
Where units or individuals entrust others without agrochemical production licenses to process or package agrochemicals, or entrust others to process or package fake or substandard agrochemicals, the unit or individual who entrusts and the unit or individual who is entrusted shall both be punished in accordance with paragraphs 1 and 3 of this Article.
Article 53 Where agrochemical producers commit any of the following acts, agricultural authorities of local people’s governments at or above the county level shall order them to rectify their behavior, confiscate any illegal gains as well as any illegally produced products and raw materials used in the illegal production; where the value of the illegally produced products is less than RMB 10,000, a fine of not less than RMB 10,000 but not more than RMB 20,000 shall be simultaneously imposed, or where the value of the illegally produced products is more than RMB 10,000, a fine of not less than two times but not more than five times the value of the products shall be simultaneously imposed; where they refuse to rectify their behavior or the circumstances are serious, license issuing authorities shall revoke their agrochemical production licenses and corresponding agrochemical registration certificates:
(1) Procure or use raw materials that do not have a product quality inspection certificate attached in accordance with the law or have not obtained relevant license documents in accordance with the law;
(2) Sell from factories agrochemicals that have not undergone quality inspections and do not have product quality inspection certificates attached;
(3) Produce agrochemical packaging, labels or instructions that do not meet requirements;
(4) Fail to recall agrochemicals that should be recalled in accordance with the law.
Article 54 Where agrochemical producers fail to establish systems for recording the purchase of raw materials or factory sales of agrochemicals, or fail to fulfil their agrochemical waste material recycling duties, agricultural authorities of local people’s governments at or above the county level shall order them to rectify their behavior and impose a fine of not less than RMB 10,000 but not more than RMB 50,000. Where they refuse to rectify their behavior or the circumstances are serious, license issuing authorities shall revoke their agrochemical production licenses and corresponding agrochemical registration certificates.
Article 55 Where agrochemical dealers commit any of the following acts, agricultural authorities of local people’s governments at or above the county level shall order them to cease dealing in agrochemicals, confiscate any illegal gains as well as any illegally dealt agrochemicals and tools and equipment used in the illegal dealings; where the value of the illegally dealt agrochemicals is less than RMB 10,000, a fine of not less than RMB 5,000 but not more than RMB 50,000 shall be simultaneously imposed, or where the value of the illegally dealt agrochemicals is more than RMB 10,000, a fine of not less than five times but not more than 10 times the value of the agrochemicals shall be simultaneously imposed; where their actions constitute a crime, they shall be investigated for legal liability in accordance with the law:
（1） Deal in agrochemicals without obtaining an agrochemical business license in violation of the provisions of these Regulations;
（2）Deal in fake agrochemicals;
（3）Add substances to agrochemicals.
Where any of the acts stipulated in items one and two of the preceding section are committed, and the circumstances are serious, license issuing authorities shall also revoke agrochemical business licenses.
Where agrochemical dealers with agrochemical business licenses no longer meet the prescribed conditions to continue dealing in agrochemicals, agricultural authorities of local people’s governments at or above the county level shall order them to rectify their behavior. Where they fail or refuse to rectify their behavior, or still fail to meet the conditions after rectifying their behavior, license issuing authorities shall revoke their agrochemical business licenses.
Article 56 Where agrochemical dealers deal in substandard agrochemicals, agricultural authorities of local people’s governments at or above the county level shall order them to stop dealing, confiscate any illegal gains as well as any illegally dealt agrochemicals and tools and equipment used in the illegal dealings. Where the value of the illegally dealt agrochemicals is less than RMB 10,000, a fine of not less than RMB 2,000 but not more than RMB 20,000 shall be simultaneously imposed, or where the value of the illegally dealt agrochemicals is more than RMB 10,000, a fine of not less than two times but not more than five times the value of the agrochemicals shall be simultaneously imposed; where the circumstances are serious, license issuing authorities shall revoke their agrochemical business licenses, and where their actions constitute a crime, they shall be investigated for legal liability in accordance with the law.
Article 57 Where agrochemical dealers commit any of the following acts, agricultural authorities of local people’s governments at or above the county level shall order them to rectify their behavior, confiscate any illegal gains as well as any illegally dealt agrochemicals, and simultaneously impose a fine of not less than RMB 5,000 but not more than RMB 50,000; where they refuse to rectify their behavior or the circumstances are serious, license issuing authorities shall revoke their agrochemical business licenses:
(1) Establish branch operations without changing their agrochemical business license, or filing the same with the agricultural authority of a people’s government at or above the county level where the branch is located;
(2) Procure agrochemicals from agrochemical producers who do not have agrochemical production licenses or from other agrochemical dealers who do not have agrochemical business licenses;
(3) Procure or sell agrochemicals that do not have a product quality inspection certificate attached or with packaging or a label that does not meet requirements;
(4) Fail to stop selling agrochemicals when they have been recalled in accordance with the law.
Article 58 Where agrochemical dealers commit any of the following acts, agricultural authorities of people’s governments at or above the county level shall order them to rectify their behavior; where they refuse to rectify their behavior or the circumstances are serious, a fine of not less RMB 2,000 but not more than RMB 20,000 shall be imposed, and license issuing authorities shall revoke their agrochemical business license:
(1) Fail to implement procurement and sales accounting systems;
(2) Sell foodstuffs, edible agricultural products, or fodder in the premises other than those for agrochemicals used in public health;
(3) Fail to sell agrochemicals used in public health and other commodities separately;
(4) Fail to fulfil their agrochemical waste material recycling duties.
Article 59 Where foreign enterprises sell agrochemicals directly in China, agricultural authorities of people’s governments at or above the county level shall order them to stop selling agrochemicals, confiscate any illegal gains as well as any illegally dealt agrochemicals and tools and equipment used in the illegal dealings. Where the value of the illegally dealt agrochemicals is less than RMB 50,000, a fine of not less than RMB 50,000 but not more than RMB 500,000 shall be simultaneously imposed, or where the value of the illegally dealt agrochemicals is more than RMB 50,000, a fine of not less than 10 times but not more than 20 times the value of the agrochemicals shall be simultaneously imposed, and license issuing authorities shall revoke their agrochemical registration certificates.
Where foreign enterprises with agrochemical business licenses export substandard agrochemicals to China, and the circumstances are serious, or they export fake agrochemicals, the State Council agricultural authorities shall revoke their corresponding agrochemical registration certificates.
Article 60 Where agrochemical users commit any of the following acts, agricultural authorities of county-level people’s governments shall order them to rectify their behavior, and impose a fine on organizations such as agricultural produce enterprises, foodstuff and edible agricultural produce warehousing businesses, professional pest control service organizations and specialized farmer cooperatives that produce agricultural products of not less than RMB 50,000 but not more than RMB 100,000, and a fine on individuals of not more than RMB 10,000; where their actions constitute a crime, they shall be investigated for legal liability in accordance with the law:
(1) Fail to use agrochemicals in accordance with their scope of use, method of use, dosage, technical requirements and precautions, or in accordance with their restricted-entry interval;
(2) Use prohibited agrochemicals;
(3) Use toxic or highly toxic agrochemicals to prevent sanitary pests, in the production of vegetables, fruit, tea, fungi and Chinese herbal medicines, or to control aquatic plant pests;
(4) Use agrochemicals in protected drinking water source areas;
(5) Use agrochemicals to poison fish, shrimp, birds or animals;
(6) Dispose of agrochemicals, agrochemical packaging materials or cleaning or spraying equipment in protected drinking water areas or rivers.
Where any of the acts stipulated in item 2 of the preceding section are committed, agricultural authorities of county-level people’s governments shall also confiscate the prohibited agrochemicals.
Article 61 Where agricultural product producers, food and edible agricultural product storage companies, dedicated disease and pest control service organizations and famers’ professional cooperatives engaged in the production of agricultural products fail to establish records of agrochemical use, agricultural authorities of county-level people’s governments shall order them to rectify their behavior; where they refuse to rectify their behavior or the circumstances are serious, a fine of not less than RMB 2,000 but not more than RMB 20,000 shall be imposed.
Article 62 Where units or individuals forge, alter, transfer, lease or lend agrochemical registration certificates, agrochemical production licenses, agrochemical business licenses or other license documents, license issuing authorities shall collect or revoke them, confiscate any illegal gains, and simultaneously impose a fine of not less than RMB 10,000 but not more than RMB 50,000. Where their actions constitute a crime, they shall be investigated for legal liability in accordance with the law.
Article 63 Where an agrochemical production license is not obtained to produce agrochemicals, an agrochemical business license is not obtained to deal in agrochemicals, or an agrochemical registration certificate, agrochemical production license, or agrochemical business license is revoked, the directly responsible persons are not permitted to engage in agrochemical production or business activities for a period of 10 years.
Where agrochemical producers or dealers employ the type of person stipulated in the preceding paragraph to engage in agrochemical production or business activities, license issuing authorities shall revoke their agrochemical production licenses and agrochemical business licenses.
Where a unit or individual has their agrochemical registration certificate revoked, the State Council agricultural authority shall not accept an agrochemical registration application from them for a period of five years.
Article 64 Where a produced or dealt agrochemical causes harm to the person or property of the agrochemical user, the agrochemical user may request compensation from the agrochemical producer as well as from the agrochemical dealer. Where the responsibility belongs to the agrochemical producer, an agrochemical dealer is entitled, following payment of compensation, to seek compensation from the agrochemical producer. Where the responsibility belongs to the agrochemical dealer, the agrochemical producer is entitled, following payment of compensation, to seek compensation from the agrochemical dealer.
Chapter 8 Supplementary Provisions
Article 65 A unit or individual applying to register an agrochemical shall work out the registration test fee with the registration and test authorities in accordance with the voluntary and compensatory principle.
Article 66 These Regulations shall become effective as of June 1, 2017.