Order of the State Council on Releasing the Regulations on Pesticide Administration
Order of the State Council on Releasing the Regulations on Pesticide Administration
Order of the State Council on Releasing the Regulations on Pesticide Administration
Order of the State Council of the People's Republic of China [2001] 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
November 29, 2001
Appendix: Regulations on Pesticide Administration
(Promulgated by Order of the State Council of the People's Republic of China No. 216 on May 8, 1997, amended in accordance with the Decision of the State Council on the Revision of the Administrative Regulations on Agricultural Pesticides on November 29, 2001)
Chapter I General Provisions
Article 1 These Regulations are formulated for the purposes of strengthening the supervision and administration of the production, marketing and use of pesticide, ensuring the quality of pesticide , protecting agricultural and forestry production and the ecological environment and safeguarding human and domestic animal health.
Article 2 The term "pesticide" as used in these Regulations refers to any substance or a mixture of substances chemically synthesized or originating from biological and other natural substances and the formulations made from these substances used for preventing, destroying or controlling diseases, pests, weeds and other harmful organisms inimical to agriculture and forestry and for regulating the growth of plants and insects.
Pesticides mentioned in the preceding paragraph include the following used for different purposes and in different places:
1. to prevent, wipe out or control diseases, pests (including insects, ticks and mites), weeds, rodents, mollusks and other organisms harmful to agriculture and forestry;
2. to prevent, wipe out or control storage diseases, pests, rodents and other harmful organisms;
3. to regulate the growth of plants and insects;
4. to preserve or fresh keep farm and forest products;
5. to prevent, wipe out or control mosquitoes, flies, cockroaches, rodents and other harmful organisms;
6. to prevent, wipe out or control organisms harmful to dikes and dams, railroads, airports, buildings and other facilities.
Article 3 The production, marketing and use of pesticides within the territory of the People's Republic of China shall comply with these Regulations.
Article 4 The State encourages and supports development, production and use of safe, highly effective and economical pesticides.
Article 5 The competent administrative department of agriculture of the State Council is responsible for the pesticide registration and pesticide supervision and administration throughout the country. The competent administrative departments of agriculture of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall assist the competent administrative department of agriculture of the State Council in conducting pesticide registration within their respective administrative areas, and are responsible for the pesticide supervision and administration within their respective administrative areas. The competent administrative departments of agriculture of the people's governments at the county level and the people's governments of cities divided into districts and autonomous prefectures are responsible for of pesticide supervision and administration within their respective administrative areas.
Other relevant departments of the people's governments at or above the county level are responsible for the work related to pesticide supervision and administration within their respective functions and responsibilities.
Chapter II Registration of Pesticide
Article 6 The State practices a pesticide registration system.
The production (including production of technical grade products, formulation and repackaging, and these references remain same hereinafter) and import of pesticide must be registered.
Article 7 The registration of the pesticides domestically produced and imported for the first time shall be conducted in light of the following three stages:
1. field test stage: When applying for registration of a pesticide, the developer of the pesticide shall submit an application for field test and the field test may only be carried out after the application is approved, pesticides at field test stage shall not be sold.
2. temporary registration stage: After the field test, for the pesticides that need to go through field test demonstration, or need to be placed on trial sale and those that need to be used under special circumstances, the manufacturer shall apply for temporary registration, and the field test demonstration and trial sale may only be carried out within the specified area after a Temporary Pesticide Registration Certificate is issued by the competent administrative department of agriculture of the State Council.
3. formal registration stage: The manufacturer of pesticides that have been proved through field test demonstration and trial sale to be ready for commercial distribution shall apply for formal registration, and the production and distribution thereof may only be started after a Pesticide Registration Certificate is issued by the competent administrative department of agriculture of the State Council.
The pesticide Registration Certificate and Temporary Registration Certificate shall specify the term of validity of the registration. If it is necessary to continue producing or selling to China the pesticide products upon expiration of the term of validity of the registration, an application for renewal of registration shall be made before the expiration date.
For the pesticides that have been formally or temporarily registered, if the formulation, content or the scope and methods for use need to be changed within the term of validity of registration, an application for modification in the registration shall be made.
Article 8 When applying for pesticide registration in accordance with the provisions of Article 7 of these Regulations, the developers, manufacturers or foreign enterprises selling pesticides to China shall submit pesticide samples to the competent administrative department of agriculture of the State Council directly or through the competent administrative departments of agriculture of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and shall, in accordance with the requirements for pesticide registration stipulated by the competent administrative department of agriculture of the State Council, present data on the chemical and toxicological properties, efficacy, residue, effects on the environment and labels of the pesticides.
The pesticide test agency subordinated to the competent administrative department of agriculture of the State Council is responsible for the concrete work of pesticide's registration throughout the country.
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