Regulation on Agricultural Chemicals Administration
Regulation on Agricultural Chemicals Administration
Regulation on Agricultural Chemicals Administration
Order of the State Council [1997] No.216
May 8, 1997
Chapter I General Provisions
Article 1 For purposes of strengthening supervision and control over production, distribution and use of agricultural chemicals, assuring the quality of agricultural chemicals, protecting the agricultural and forestry production and ecological environment, and ensuring the safety of human beings and livestock, this Regulation is formulated.
Article 2 The expression "agricultural chemicals" as employed in this Regulation means chemical synthesis or any substances or mixtures of substances originating from organisms or other natural substances, as well as their formulations, which are used to prevent, destroy or control diseases, pests, weeds or other harmful organisms which cause danger to the agriculture and forestry, or for the purpose of regulating the growth of plants and insects.
According to their purposes and suitability, agricultural chemicals prescribed in the preceding paragraph shall include those used to --
1. prevent, destroy or control diseases, pests (including insects, ticks and mites), weeds, rodents, molluscs and other harmful organisms which cause danger to the agriculture and forestry;
2. prevent, destroy or control diseases, pests, rodents and other harmful organisms in warehouses;
3. regulate the growth of plants and insects;
4. preserve agricultural or forest products or keep them from corrosion;
5. prevent, destroy or control mosquitoes, flies, cockroaches, rodents and other harmful organisms; and
6. prevent, destroy or control harmful organisms which cause danger to dikes and dams, railroads, airports, buildings and other places.
Article 3 Production, distribution and use of agricultural chemicals in the territory of the People's Republic of China shall conform to this Regulation.
Article 4 The State encourages and supports to develop, produce and use safe, highly effective and economical agricultural chemicals.
Article 5 The administrative department of agriculture of the State Council shall be responsible for registration, supervision and control relating to agricultural chemicals throughout the country. The administrative departments of agriculture of people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall assist the administrative department of agriculture of the State Council in conducting registration of agricultural chemicals and shall be responsible for supervision and control of agricultural chemicals within their respective administrative areas. The administrative departments of agriculture of people's governments at the county level and of people's governments of cities divided into districts or of autonomous prefectures shall be responsible for supervision and control of agricultural chemicals within their respective administrative areas.
The administrative department of chemical industry of the State Council shall be responsible for the overall planning, coordination, guidance, supervision and control in connection with agricultural chemicals production. The administrative departments of chemical industry of people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for supervision and control of agricultural chemicals production within their respective administrative areas.
Other relevant departments of people's governments at and above the county level shall, within their respective spheres of competence, be responsible for related supervision and control work of agricultural chemicals.
Chapter II Registration of Agricultural Chemicals
Article 6 The State has the agricultural chemicals registration system.
The production (including the production of crude agricultural chemicals as well as the processing and packing of formulations, the same hereinafter) and importation of agricultural chemicals must enter into registration.
Article 7 The registration of agricultural chemicals produced or imported for the first time in China shall be accomplished according to the following three stages:
1. the field trial stage
Where an agricultural chemical is to be registered, the developer shall apply for the field trial and only after being approved, may start the trial. No agricultural chemical at the field trial stage may be sold.
2. the interim registration stage
Where an agricultural chemical needs, after the field trial, to go through field demonstrations and trial sale or to be used under special circumstances, the producer shall apply for interim registration and only after obtaining the interim registration certificate therefor issued by the administrative department of agriculture of the State Council, may start the demonstration and sale within the specified ranges.
3. the official registration stage
Where an agricultural chemical may, subject to field demonstration and trial sale, be put into circulation as a formal commodity, the producer shall apply for official registration and only after obtaining the registration certificate therefor issued by the administrative department of agriculture of the State Council, may start the production and sale thereof.
Both the registration certificate and the interim registration certificate of an agricultural chemical shall specify the period of registration validity. If, after the said period expires, it is necessary to continue to produce or sell to China the agricultural chemical product, an application for renewal of registration shall be required before the expiry date.
If, within the period of registration validity, an alteration needs to be made in the form, content, the scope of application or methods of use of an agriculturai chemial registered officially or interimly, an application for alteration registration shall be required.
Article 8 The developer, producer or foreign enterprise selling an agricultural chemical to China shall, at the time when applying for registration of an agricultural chemical according to the provisions of Article 7 of this Regulation, submit the required samples to the administrative department of agriculture of the State Council directly or through the administrative department of agriculture of the people's government of the province, autonomous region or municipality directly under the Central Government, and as required by the administrative department of agriculture of the State Council for agricultural chemicals registration, the information relating to product chemistry and toxicology, effectiveness, residues, environmental impact and label.
The agricultural chemicals inspection bodies of the administrative department of agriculture of the State Council shall be responsible for the concrete work relating to the agricultural chemicals registration throughout the country.
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