Decision of the State Council on the Revision of the Administrative Regulations on Agricultural Pesticides

Decision of the State Council on the Revision of the Administrative Regulations on Agricultural Pesticides

Order of the State Council of the People's Republic of China No. 326

November 29, 2001

The Decision of the State Council on the Revision of the Administrative Regulations on Agricultural Pesticides is released hereby and shall take effect as of the date of promulgation.

Premier Zhu Rongji

Appendix: Decision of the State Council on the Revision of the Administrative Regulations on Agricultural Pesticides

The State Council decides to make the following amendments to the Administrative Regulations on Agricultural Pesticides:

Article 1 One article is added as Article 10: "The State offers protection to undisclosed test or other data acquired and submitted by the applicant of agricultural pesticides that has been granted initial registration and contains new chemical entities.
"For a period of six years from the date of registration, if any second applicant applies for registration of agricultural pesticides by relying on the data provided in the preceding paragraph without the permission of the applicant who has been granted registration, the registration department shall grant no registration, unless the second applicant has submitted his own data.
"Except for the following circumstances, the registration department shall not disclose the data provided in the first paragraph:
1. the disclosure of such data is necessary to protect the public;
2. steps have been taken to ensure that the data are protected against unfair commercial use."

Article 2 Article 36 is changed to be Article 37: "The relevant department of the people's government at or above the county level shall do a good job in the work of testing residual amount of agricultural pesticides in agricultural and sideline products, and shall publish the result of the test."

Article 3 Article 39 is changed to be Article 40: "Those who commit one of the following acts shall, in compliance with the provisions in the Criminal Law on the crime of illegal business operation or the crime of causing accident in the control of dangerous articles, be investigated for criminal liabilities according to law; if such acts are not serious enough for criminal punishment, the competent administrative departments of agriculture shall give penalties according to the following provisions:
1.
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