Provisions of Shanghai Municipality on the Administration over the Operation and Use of Pesticides

Provisions of Shanghai Municipality on the Administration over the Operation and Use of Pesticides

Decree No.13 of Shanghai Municipal People's Government

April 17, 2009

The Provisions of Shanghai Municipality on the Administration over Operation and Use of Pesticides were adopted at the 40th Routine Meeting of the Municipal People's Government on April 13, 2009 and are hereby promulgated. They shall be effective as of June 1, 2009.

Mayor Han Zheng

Provisions of Shanghai Municipality on the Administration over the Operation and Use of Pesticides

(Promulgated under the Decree No.13 of Shanghai Municipal People's Government on April 17,2009)

Chapter I General Provisions
　
Article 1 (Purpose and Basis)
With a view to standardizing the behavior of operating and using pesticides, maintaining the legitimate rights and interests of farmers and pesticide operators, safeguarding the quality of agricultural products and the safety of people and livestock, and protecting the production of agriculture and forestry and the ecological environment, these Provisions are formulated in accordance with the Regulations on the Administration of Pesticides and other relevant laws and regulations, and in the light of the actual circumstances of this Municipality.
　
Article 2 (Scope of Application)These Provisions apply to the operation and use of pesticides and the management activity related thereto in the administrative area of this Municipality.
　
Article 3 (Supervisory Department)The municipal agricultural administration is responsible for the supervision and administration over the operation and use of pesticides in this Municipality. The district/ county agricultural administration is in charge of the supervision and administration over the operation and use of pesticides in its own administrative area.
The departments of industry and commerce, quality and technical supervision, greening and forestry, commercial affairs and environmental protection, and other relevant departments shall, according to their respective functions, do well in the work relating to the supervision and administration over the operation and use of pesticides.
　
Article 4 (Tip-reporting and Reward)The municipal and district/county agricultural administrations shall set up the telephone number and letter-box to accept the public tips on the behaviors of operating prohibited pesticides or counterfeit or inferior pesticides and of illegally using pesticides.
The municipal and district/county agricultural administrations shall promptly accept, probe and handle tips according to law, and keep secrecy for tipsters. Upon verifying a tip-off, the accepting department shall reward the tipster.
　
Article 5 (Trade Self-discipline)
Trade organizations relating to pesticide operation service shall be encouraged to provide their members with professional guidance and service, and to give play to the role of trade self-discipline in drawing up trade service standards and guiding their members in standardized operation and such other aspects.

Chapter II Operation of Pesticides
　
Article 6 (Operating Conditions)
Pesticide operating units and their branches shall meet the following conditions:
(1) they fall within the subject scope provided under Article 18, Clause 1 of the Regulations on the Administration of Pesticides;
(2) they are allocated with relevant pesticide professional technicians matching the variety and scale of pesticides in which they are dealing, and the branch of a pesticide operating unit has at least one person with the certificate of above primary technical title relating to pesticide specialty or with the professional skill appraisal certificate;
(3) the places for pesticide sale and storage have safety and protection facilities corresponding to the pesticides in which they are dealing, such as ventilation and separated depository, which meet the requirements of laws and regulations as well as mandatory standards, and which are isolated from living quarters.
(4) the operation and management system has been set up in relation to the pesticides in which they are dealing, including unified distribution, inspection on stock, safe sale and business record-keeping accounts; and
(5) such other conditions as provided by laws and regulations.
Where the pesticide in business belongs to dangerous chemicals, a business license for dangerous chemicals shall be applied for according to relevant provisions.
　
Article 7 (Application Materials for Business License)
A pesticide operating unit shall, in applying to the municipal or district/county administration for industry and commerce for a business license, submit the following materials:
(1) certificate of the unit belonging to the subject scope provided under Article 18, Clause 1 of the Regulations on the Administration of Pesticides;
(2) certificate issued by the local district/county agricultural administration for the allocation of professional technical personnel and facilities and installations in places for pesticide sale and storage; and
(3) other documents to be submitted as provided by laws and regulations on the enterprise registration.
　
Article 8 (Issuance of Certificate)The subject certificate provided in Article 7, Item 1 of these Provisions shall be issued or provided according to the following provisions:
(1) for the subject belonging to the category of agricultural means of production operating unit under the supply and marketing cooperative, the certificate shall be issued by the municipal commercial administration;
(2) for the subject belonging to the category of plant protection station, soil and fertilizer station or agro-tech popularization agency, the certificate shall be issued by the municipal agricultural administration;
(3) for the subject belonging to the category of forestry technique popularization agency or forest pest prevention and control agency, the certificate shall be issued by the municipal greening and forestry administration;
(4) for the subject belonging to the category of pesticide production enterprise, the approval document for pesticide production qualification and a copy of business license shall be submitted; and
(5) for other pesticide operating units provided by the State Council, the certificate shall be issued by the corresponding competent administrative department.
In respect of the certificate for personnel and facilities arrangement provided under Article 7, Item 2 of these Provisions, the district/county agricultural administration shall, within 10 workdays after accepting the application of a pesticide operating unit, complete the on-the-spot verification and issue the certificate.
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