Decision of the Ministry of Agriculture on Revising the Agricultural Administrative Regulations and Regulatory Documents
Decision of the Ministry of Agriculture on Revising the Agricultural Administrative Regulations and Regulatory Documents
Decision of the Ministry of Agriculture on Revising the Agricultural Administrative Regulations and Regulatory Documents
Order of the Ministry of Agriculture of the People's Republic of China[No.38]
July 1, 2004
The Decision on Revising the Agricultural Administrative Regulations and Regulatory Documents, which were deliberated and adopted at the 23rd executive meeting of the Ministry of Agriculture on June 25, 2004, is hereby promulgated, and shall come into force as of July 1st, 2004.
Minister: Du Qinglin
Decision of the Ministry of Agriculture on Revising the Agricultural Administrative Regulations and Regulatory Documents
According to the provisions of the Administrative Licensing Law of the People's Republic of China, the Ministry of Agriculture has made revisions to the regulations and regulatory documents involving administrative licensing, and hereby promulgate such revisions. For the regulations and regulatory documents not publicized this time, the administrative licenses established by them shall be invalidated without exception if they do not comply with the provisions of the Administrative Licensing Law of the People's Republic of China.
I. Measures for the Administration of License for the Production and Management of Crop Seeds (Order No.48 of the Ministry of Agriculture February 26, 2001)
The "30 days" in items 2 and 3, paragraph 1 of Article 8 and in items 2 and 3, paragraph 1 of Article 17 shall be revised as "20 days".
II. The Detailed Rules for the Implementation of the Regulation on Plant Quarantine (Agricultural Part) (Order No. 5 of the Ministry of Agriculture February 25, 1995, revised by Order No. 39 of the Ministry of Agriculture on December 25, 1997)
One article shall be inserted after Article 6: "The plant quarantine institution shall make a decision on the examination and approval of the application for quarantine within 20 days from the date of accepting the application, excluding the time as needed for quarantine and expert appraisal."
III. Measures for the Implementation of the Regulation on Pesticide Administration (Order No. 20 of the Ministry of Agriculture, April 27, 1999, revised by Order No. 18 of the Ministry of Agriculture on July 27, 2002)
1.Sub-item 1, item 1, paragraph 1 of Article 7 shall be revised as: "A pesticide developer shall, when making field experiments in our country, file an application to the Ministry of Agriculture after passing the preliminary examination of the pesticide inspection institution which is subordinated to the competent administrative department of agriculture at the level of the province where it/he is located, the pesticide inspection office of the Ministry of Agriculture shall make examination on the application materials......."
Sub-item 3 shall be revised as: "For the application of any overseas pesticide developer or any pesticide developer from Hong Kong, Macao or Taiwan regions for field experiments, the application documents shall be subject to the examination of the pesticide inspection office of the Ministry of Agriculture."
Sub-item 4 shall be revised as: "The pesticide inspection office of the Ministry of Agriculture shall make arrangements for completing the examination on farm experiment materials within three months from the day when a pesticide developer has provided all the materials."
2. Sub-item 1, item 2, paragraph 1 of Article 7 shall be revised as: "...... it shall, after its materials of application for registration have passed the preliminary examination of the pesticide inspection institution subordinated to the competent administrative department of agriculture at the level of the province where it is located, file an application for temporary registration to the Ministry of Agriculture, the pesticide inspection office of the Ministry of Agriculture shall make a comprehensive appraisal on the application materials,......"
Sub-item 3 shall be revised as: "For the application to the Ministry of Agriculture for temporary registration of pesticide filed by an overseas pesticide producer or a pesticide producer from Hong Kong, Macao and Taiwan regions, the application documents shall be subject to the examination of the pesticide inspection office of the Ministry of Agriculture."
Sub-item 5 shall be revised as: "The pesticide inspection office of the Ministry of Agriculture shall make arrangements for completing the appraisal on temporary registration within three months from the day when any pesticide producer has supplied all the materials."
3. Sub-item 1, item 3, paragraph 1 of Article 7 shall be revised as: "For any pesticide that may be circulated as formal commodities after model test or test marketing, its producer shall file an application to the Ministry of Agriculture for official registration on the original pesticide and the preparations thereof, and the pesticide inspection office of the Ministry of Agriculture shall make examination on the application materials, which shall, after passing the examination and obtaining the opinions of the departments of agriculture, chemical industry, health, and environmental protection of the State Council and the national supply and marketing cooperatives,......"
Sub-item 5 shall be revised as: "The pesticide inspection office of the Ministry of Agriculture shall, within one year from the day when the pesticide producer has provided all the materials, make arrangements for completing the appraisal on formal registration."
4. One paragraph shall be added to Article 9 as paragraph 2, "The data submitted by an applicant for the registration of any pesticide for which registration is made for the first time and which contains new compounds shall be protected according to the provisions of Article 10 of the Regulation on Pesticide Administration. "
5. Paragraph 2 of Article 9 shall be renumbered as paragraph 3, which is revised as: "In case the product quality of any pesticide for which an application is filed for registration has no obvious difference from the first registered product, the pesticide producer may, within 6 years from the day of official registration of the first registered factory, and with the consent of the first registered factory, use its original pesticide materials and part of preparation materials; and after the first registered factory has obtained the official registration for six years, the pesticide producer may be exempted from providing the original pesticide materials and part of preparations materials."
6. Paragraph 3 of Article 9 shall be deleted.
7. Paragraph 1 of Article 10 shall be revised as: "......the application for the registration of sub packaging of pesticides shall be filed to the Ministry of Agriculture after passing the preliminary examination of the pesticide inspection institution subordinated to the competent administrative department of agriculture at the level of the province where the pesticide producer is located, the pesticide inspection office of the Ministry of Agriculture shall make examination on the application materials....... "
8. Paragraph 2 of Article 10 shall be revised as: "The pesticide inspection office of the Ministry of Agriculture shall, within three months from the day when a pesticide producer has supplied all the materials, make arrangements for completing the appraisal on sub packaging registration."
9. One article shall be added to Article 10, "For the application for pesticide registration that has passed the appraisal, the Ministry of Agriculture shall, within 10 days after the appraisal, determine whether to issue the temporary registration certificate of pesticide or formal registration certificate of pesticide."
10. The provisions of Article 19 "An applicant shall pay registration fees when applying for pesticide registration" shall be deleted.
11. Paragraph 2 of III.4 shall be revised as: "The Ministry of Agriculture shall be responsible for the examination of the pesticide advertisements issued through the major mass media and the advertisements of any pesticide product from overseas and Hong Kong, Macao, and Taiwan regions. Other advertisements shall be subject to the examination of the competent administrative department of agriculture at the level of province where the owner of the advertisement is located. The concrete work for the examination of advertisements shall be undertaken by the pesticide inspection office of the Ministry of Agriculture and the pesticide inspection institution subordinated to the competent administrative department of agriculture at the provincial level."
IV. Interim Measures for the Administration of National Edible Mushroom Seeds (Promulgated by the Ministry of Agriculture on May 28, 1996)
One article shall be inserted after Article 12, "The competent administrative department of agriculture of the local people's government at or above the county level shall, within 20 days from the day of accepting the application for a license of production and marketing of mushroom seeds, make a decision on whether to issue a License for Mushroom Seeds Production or a License for Mushroom Seeds Marketing."
V. Measures for the Administration of Fertilizer Registration (Order No. 32 of the Ministry of Agriculture, June 23rd, 2000)
1. Paragraph 1 of Article 10 shall be revised as: "The Ministry of Agriculture shall be responsible for handling the formalities for accepting the registration of fertilizer, and examining whether the application materials for the registration is complete or not."
Paragraph 2 shall be revised as: "When a domestic producer applies for temporary registration of any fertilizer, its/his application materials for registration shall be filed to the Ministry of Agriculture after passing the preliminary examination of the competent administrative department of agriculture at the level of the province where the producer is located."
2. Paragraph 1 of Article 17 shall be revised as: "The Ministry of Agriculture shall, on the basis of the comprehensive appraisal opinions of the appraisal committee for fertilizer registration, make a decision on whether to issue a temporary fertilizer registration certificate or formal registration certificate or not within 20 days after the appraisal is completed."
VI. Measures for the Administration of Crop Germplasm Resources (Order No. 30 of the Ministry of Agriculture, July 8, 2003)
1. Item 1, paragraph 1 of Article 29 shall be revised as: "......The application for submitting the specifications on crop germplasm resources shall be filed to the Ministry of Agriculture."
2. Item 2, paragraph 1 of Article 29 shall be deleted.
3. Item 3, paragraph 1 of Article 29 shall be revised as: "The Ministry of Agriculture shall make a decision on the examination and approval within 20 days from the day of receiving the application materials."
VII. Measures for the Administration of Safety Appraisal on Agricultural Genetically Modified Organisms (Order No. 8 of the Ministry of Agriculture, January 5, 2002)
1. Article 16 shall be revised as: "The Ministry of Agriculture shall organize safety appraisal on agricultural genetically modified organisms twice a year. The deadline for accepting the application for the first time shall be March 31st each year, and the deadline for accepting the application for the second time shall be September 30 each year. If an application is accepted, it shall be submitted to the National Committee on the Safety of Agricultural Genetically Modified Organisms. The Ministry of Agriculture shall give a reply within 20 days after receiving the results of safety appraisal."
2. The provisions as prescribed in Article 26 regarding "the payment of examination fees" in the application for the safety appraisal of agricultural genetically modified organisms shall be deleted.
VIII. Measures for the Safety Administration on the Import of Agricultural Genetically Modified Organisms (Order No. 9 of the Ministry of Agriculture, January 5, 2002)
1. III. shall be revised as: "The Ministry of Agriculture shall be responsible for the work of safety administration on the import of agricultural genetically modified organisms. The National Committee on the Safety of Agricultural Genetically Modified Organisms shall be responsible for the work of safety appraisal on the import of genetically modified organisms."
2. Article 6 shall be revised as: "To import any of the agricultural genetically modified organisms that falls within the safety grades III and IV from without the territory of the People's Republic of China for experiment and research purposes and to import any of the agricultural genetically modified organisms of all safety grade for intermediate experiments, the importer shall file an application to the Ministry of Agriculture and submit the following materials...... "
3. Article 7 shall be revised as: "To import any of the agricultural genetically modified organisms from without the territory of the People's Republic of China for the purpose of environmental release or productive experiment, the importer shall file an application to the Ministry of Agriculture and submit the following materials......"
4. Article 9 shall be revised as: "In case any overseas company exports to the People's Republic of China any genetically modified plant seed, breeder, aquatic seedling or any plant seed, breeder, aquatic seedlings, pesticide, veterinary drug, fertilizer or feed additives and etc. that are produced by making use of agricultural genetically modified organisms or that contain ingredients of agricultural genetically modified organisms, and plans to use them for production and application, it shall file an application to the Ministry of Agriculture and provide the following materials......"
5. Article 12 shall be revised as: "An overseas company shall, when exporting to the People's Republic of China any agricultural genetically modified organism for the purpose of using it as processing material, it shall apply to the Ministry of Agriculture for obtaining a safety certificate of agricultural genetically-modified organisms."
6. One article shall be inserted after Article 16: "In case anyone exports to China any agricultural genetically modified organism for the purpose of using it directly as consumer goods, it shall handle it according to the procedures of China for the examination and approval of agricultural genetically modified organism exported for the purpose of using it as processing materials."
IX. Measures for the Administration of Labels of Agricultural Genetically Modified Organisms (Order No. 10 of the Ministry of Agriculture, January 5, 2002)
Article 12 shall be revised as: "The competent administrative department of agriculture that is responsible for the work of examination and certification of the labels of agricultural genetically modified organisms shall make a decision within 20 days from the day of accepting the application, and shall notify the applicant."
X. Measures for the Protection of Agricultural Wild Plants (Order No. 21 of the Ministry of Agriculture, September 6, 2002)
1. Item 1, paragraph 1 of Article 15 shall be revised as: "Anyone applying for collecting any of the wild plants under first-grade State protection shall obtain the examination and approval opinions signed by the competent administrative department of agriculture at the provincial level, and report to the Ministry of Agriculture for a collection license."
2. One Article shall be inserted after Article 15: "The following materials shall also be submitted when applying for collecting any of the wild plants under first-grade State protection:
1. Where there is necessity to obtain any specimen of wild plants from outdoor in carrying out scientific research and resource investigation, or there is necessity to obtain any seed resources for carrying out artificial cultivation or domestication of any wild plant, the applicant shall provide the project examination and approval documents as replied by the competent administrative department at or above the county level, letter (contract) of project deployment and the implementation scheme (all in photocopies).
2. Where there is necessity to obtain any specimen or experimental materials from outdoor for undertaking any scientific and research project of the provincial or ministerial level or above, the documents of examination and approval for the project, letter (contract) of project deployment and the implementation scheme (all in photocopies) shall be provided.
3. Where there is necessity to provide and obtain any living body of wild plants from outdoor due to the requirement of national affairs, the certificate documents (photocopy) of the competent administrative department of foreign affairs of the State Council shall be issued.
4. Where the collection is made due to the demand for adjusting and controlling the quantity and structure of wild plant community after scientific reasoning, the reasoning report or explanation of the competent administrative department of agriculture at or above the provincial level or the scientific and research institutions at or above the provincial or ministerial level shall be provided."
3. Paragraph 1 of Article 16 shall be revised as: "The competent administrative department of agriculture that is responsible for issuing the opinions of examination and approval shall issue the examination and approval opinions within 20 days from accepting the application. If it approves the collection, it shall report it to the upper level administrative department of agriculture for examination and approval."
Paragraph 2 shall be revised as: "The competent administrative department of agriculture that is responsible for checking and issuing collection licenses or its authorized wild plants protection administration institution shall, within 20 days after receiving the materials of examination submitted by the competent administrative department of agriculture at the lower level, make a decision on approval or disapproval, and shall notify the applicant in time."
4. Paragraph 1 and 2 of Article 18 shall be incorporated and revised as: "Anyone that sells or purchases any of the wild plants under first-grade State protection shall fill in an Application Form for the Sale or Purchase of Wild Plants under first-grade State protection, and the competent administrative department of agriculture at the provincial level or its authorized wild plant protection administration institutions shall complete the examination within 20 days from the day of receiving the application, and make a decision on whether to grant approval or not and shall notify the applicant."
5. Paragraph 1 of Article 21 shall be revised as: "...... after the examination opinions are issued by the competent administrative department of agriculture at the level of the province where the applicant is located, report it to the Ministry of Agriculture to obtain a Form of Examination and Approval for Import and Export of Wild Plants under Key State Protection. The Ministry of Agriculture shall, within 20 days from the day of receiving the examination materials submitted by the competent administrative department of agriculture at the provincial level, make a decision on whether to approve or not and shall notify the applicant."
6. One article shall be added after Article 21: "The following materials shall be submitted for the application for exporting wild plants under key state protection or importing or exporting any wild plant whose import or export is restricted by any international convention concluded by China:
1.
......