(Promulgated by the State Council on May 8, 1997, and revised in accordance with the Decision of the State Council on Amending the Regulations on Pesticide Administration on November 29, 2001)文章源自FOFCC-http://fofcc.org.cn/am/11219/
Chapter I General Provisions文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 1 These Regulations are formulated for the purpose of strengthening the supervision and administration of the production, operation and use of pesticides, ensuring the quality of pesticides, protecting agricultural and forestry production and the ecological environment, and safeguarding the safety of human beings and livestock.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 2 For the purposes of these Regulations, "pesticide" means a substance or a mixture of several substances and its preparations, of chemical synthesis or derived from organisms or other natural substances, used for the prevention, elimination or control of diseases, insects, grasses and other harmful organisms that endanger agriculture and forestry, as well as for the purposeful regulation of the growth of plants and insects.文章源自FOFCC-http://fofcc.org.cn/am/11219/
The pesticides referred to in the preceding paragraph include the following categories used for different purposes and in different places:文章源自FOFCC-http://fofcc.org.cn/am/11219/
(1) those used for the prevention, elimination or control of harmful organisms such as diseases, insects (including insects, ticks and mites), grasses, rodents and mollusks that endanger agriculture and forestry;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(2) those used for the prevention, elimination or control of diseases, insects, rodents and other harmful organisms in storage;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(3) those used for the regulation of the growth of plants and insects;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(4) those used for the preservation or freshness retention of agricultural and forestry products;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(5) those used for the prevention, elimination or control of mosquitoes, flies, cockroaches, rodents and other harmful organisms;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(6) those used for the prevention, elimination or control of harmful organisms that endanger river embankments, railways, airports, buildings and other places.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 3 Anyone who produces, operates or uses pesticides within the territory of the People's Republic of China shall comply with these Regulations.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 4 The State encourages and supports the research, development, production and use of safe, highly effective and economical pesticides.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 5 The competent agricultural administrative department of the State Council shall be responsible for pesticide registration and pesticide supervision and administration throughout the country. The competent agricultural administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall assist the competent agricultural administrative department of the State Council in carrying out pesticide registration within their respective administrative regions, and shall be responsible for pesticide supervision and administration within their respective administrative regions. The competent agricultural administrative departments of the people's governments at the county level and of the people's governments of cities divided into districts and autonomous prefectures shall be responsible for pesticide supervision and administration within their respective administrative regions.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Other relevant departments of the people's governments at or above the county level shall, within the scope of their respective duties, be responsible for the relevant pesticide supervision and administration work.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Chapter II Pesticide Registration文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 6 The State applies a pesticide registration system.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Pesticides to be produced (including technical material production, formulation processing and packaging, the same below) and pesticides to be imported must be registered.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 7 The registration of pesticides to be produced domestically for the first time and pesticides to be imported for the first time shall be carried out in the following three stages:文章源自FOFCC-http://fofcc.org.cn/am/11219/
(1) Field trial stage: for a pesticide for which registration is applied, the developer shall submit an application for field trial, and the field trial may be conducted only after approval; pesticides in the field trial stage shall not be sold.文章源自FOFCC-http://fofcc.org.cn/am/11219/
(2) Temporary registration stage: for pesticides that, after field trials, need to undergo field trial demonstration and trial sale, and pesticides that need to be used under special circumstances, the producer shall apply for temporary registration, and only after the competent agricultural administrative department of the State Council issues a temporary pesticide registration certificate may field trial demonstration and trial sale be conducted within the prescribed scope.文章源自FOFCC-http://fofcc.org.cn/am/11219/
(3) Formal registration stage: for pesticides that, after field trial demonstration and trial sale, may be circulated as formal commodities, the producer shall apply for formal registration, and only after the competent agricultural administrative department of the State Council issues a pesticide registration certificate may they be produced and sold.文章源自FOFCC-http://fofcc.org.cn/am/11219/
The pesticide registration certificate and the temporary pesticide registration certificate shall specify the term of validity of registration; where the term of validity of registration expires and it is necessary to continue production or continue to sell pesticide products to China, an application for renewal of registration shall be submitted before the expiration of the term of validity of registration.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Where a pesticide that has undergone formal registration or temporary registration changes its formulation, content, scope of use or method of use within the term of validity of registration, an application for modification registration shall be submitted.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 8 When applying for pesticide registration in accordance with the provisions of Article 7 of these Regulations, the developer, producer or foreign enterprise selling pesticides to China shall provide pesticide samples to the competent agricultural administrative department of the State Council or, through the competent agricultural administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government, to the competent agricultural administrative department of the State Council, and shall, in accordance with the pesticide registration requirements prescribed by the competent agricultural administrative department of the State Council, provide information on the pesticide's product chemistry, toxicology, efficacy, residues, environmental impact, labeling and other aspects.文章源自FOFCC-http://fofcc.org.cn/am/11219/
The pesticide inspection institution affiliated to the competent agricultural administrative department of the State Council shall be responsible for the specific national pesticide registration work. The pesticide inspection institutions affiliated to the competent agricultural administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall assist in the specific pesticide registration work within their respective administrative regions.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 9 Pesticide management experts and pesticide technical experts recommended by the competent agricultural, forestry, industrial product licensing administration, health, environmental protection and grain departments of the State Council and the All-China Federation of Supply and Marketing Cooperatives shall form the Pesticide Registration Review Committee.文章源自FOFCC-http://fofcc.org.cn/am/11219/
After the application materials for formal pesticide registration have been examined and signed with opinions by the competent agricultural, industrial product licensing administration, health and environmental protection departments of the State Council and the All-China Federation of Supply and Marketing Cooperatives respectively, the Pesticide Registration Review Committee shall evaluate the pesticide's product chemistry, toxicology, efficacy, residues, environmental impact and other aspects. On the basis of the evaluation of the Pesticide Registration Review Committee, where the conditions are met, the competent agricultural administrative department of the State Council shall issue a pesticide registration certificate.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 10 The State shall implement protection for the undisclosed test data and other data obtained by the applicant itself and submitted for pesticides containing new compounds that have obtained first-time registration.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Within 6 years from the date of registration, where other applicants apply for pesticide registration using the data referred to in the preceding paragraph without the consent of the applicant that has obtained registration, the registration authority shall not register; however, this does not apply where other applicants submit data obtained by themselves.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Except in the following circumstances, the registration authority shall not disclose the data specified in the first paragraph:文章源自FOFCC-http://fofcc.org.cn/am/11219/
(1) where required by the public interest;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(2) where measures have been taken to ensure that such information will not be improperly used for commercial purposes.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 11 Where a producer produces the same pesticide product already registered by another manufacturer, the producer shall apply for pesticide registration, provide pesticide samples and the materials specified in Article 8 of these Regulations, and the competent agricultural administrative department of the State Council shall issue a pesticide registration certificate.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Chapter III Pesticide Production文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 12 Pesticide production shall conform to the industrial policy of the State for the pesticide industry.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 13 To establish a pesticide production enterprise (including joint operation, establishment of a branch plant, and establishment of a pesticide production workshop by a non-pesticide production enterprise), the following conditions shall be met, and after examination and consent by the industrial product licensing administration department of the province, autonomous region or municipality directly under the Central Government where the enterprise is located, it shall be reported to the industrial product licensing administration department of the State Council for approval; however, where laws and administrative regulations provide otherwise for the conditions for the establishment of enterprises and the examination or approval authority, such provisions shall prevail:文章源自FOFCC-http://fofcc.org.cn/am/11219/
(1) having technical personnel and skilled workers suitable for the pesticides it produces;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(2) having factory buildings, production facilities and sanitary environment suitable for the pesticides it produces;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(3) having facilities conforming to the State's labor safety and health standards and corresponding labor safety and health management systems;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(4) having product quality standards and a product quality assurance system;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(5) the pesticides to be produced are pesticides that have obtained pesticide registration according to law;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(6) having pollution prevention and control facilities and measures conforming to the State's environmental protection requirements, and the discharge of pollutants not exceeding the discharge standards prescribed by the State and local authorities.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Only after approval may a pesticide production enterprise apply to the administrative department for industry and commerce for a business license according to law.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 14 The State applies a pesticide production licensing system.文章源自FOFCC-http://fofcc.org.cn/am/11219/
To produce pesticides for which there are national standards or industry standards, an application for a pesticide production license shall be submitted to the industrial product licensing administration department of the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11219/
To produce pesticides for which national standards or industry standards have not yet been formulated but for which enterprise standards already exist, after examination and consent by the industrial product licensing administration department of the province, autonomous region or municipality directly under the Central Government, it shall be reported to the industrial product licensing administration department of the State Council for approval, and a pesticide production approval document shall be issued.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 15 Pesticide production enterprises shall conduct production in accordance with pesticide product quality standards and technical procedures, and production records must be complete and accurate.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 16 Pesticide product packaging must bear a label or be accompanied by instructions. The label shall be affixed closely to or printed on the pesticide package. The label or instructions shall state the pesticide name, enterprise name, product batch number and pesticide registration certificate number or temporary pesticide registration certificate number, pesticide production license number or pesticide production approval document number, as well as the pesticide's active ingredient, content, weight, product performance, toxicity, uses, application technology, method of use, date of production, term of validity and precautions; where the pesticide is packaged in divided portions, the packaging unit shall also be stated.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 17 Before pesticide products leave the factory, they shall undergo quality inspection and be accompanied by a product quality inspection certificate; those not conforming to product quality standards shall not leave the factory.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Chapter IV Pesticide Operation文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 18 The following units may engage in the business of pesticides:文章源自FOFCC-http://fofcc.org.cn/am/11219/
(1) Agricultural means of production business units of supply and marketing cooperatives;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(2) Plant protection stations;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(3) Soil and fertilizer stations;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(4) Agricultural and forestry technology extension agencies;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(5) Forest pest and disease control agencies;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(6) Pesticide manufacturing enterprises;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(7) Other business units prescribed by the State Council. Where the pesticides being sold are chemical dangerous goods, a business license shall be obtained in accordance with the relevant provisions of the State.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 19 Pesticide business units shall meet the following conditions and the conditions prescribed by relevant laws and administrative regulations, and may engage in the business of pesticides only after applying to the administrative department for industry and commerce for a business license in accordance with law:文章源自FOFCC-http://fofcc.org.cn/am/11219/
(1) Having technical personnel suitable for the pesticides they sell;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(2) Having business premises, equipment, storage facilities, safety protection measures, and environmental pollution prevention and control facilities and measures suitable for the pesticides they sell;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(3) Having rules and regulations suitable for the pesticides they sell;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(4) Having quality management systems and management methods suitable for the pesticides they sell.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 20 When pesticide business units purchase pesticides, they shall verify that the pesticide products conform to the product labels or instructions and the product quality certificates, and shall conduct quality inspection.文章源自FOFCC-http://fofcc.org.cn/am/11219/
It is prohibited to purchase or sell pesticides that have no pesticide registration certificate or temporary pesticide registration certificate, no pesticide production license or pesticide production approval document, no product quality standards and product quality certificate, or that fail inspection.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 21 Pesticide business units shall do a good job in pesticide reserve work in accordance with the relevant provisions of the State.文章源自FOFCC-http://fofcc.org.cn/am/11219/
In storing pesticides, a storage and custody system shall be established and implemented to ensure the quality and safety of pesticide products.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 22 When pesticide business units sell pesticides, they must ensure quality, and the pesticide products shall be verified to conform to the product labels or instructions and the product quality certificates.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Pesticide business units shall correctly explain to units and individuals using pesticides the uses, methods of use, dosage, poisoning first-aid measures, and precautions of the pesticides.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 23 Pesticide products that exceed the product quality guarantee period may, after inspection by the pesticide testing institution affiliated to the competent agricultural administrative department of the people's government at or above the provincial level, be sold within the prescribed period if they conform to the standards; however, they must be marked with the words “expired pesticide” and be accompanied by methods of use and dosage.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Chapter V Use of Pesticides文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 24 The competent agricultural administrative departments of people's governments at or above the county level shall, in accordance with the plant protection policy of “prevention first and integrated control,” organize the promotion of safe and efficient pesticides, carry out training activities, improve farmers' pesticide application techniques, and do a good job in forecasting and reporting plant diseases and insect pests.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 25 The competent agricultural administrative departments of local people's governments at or above the county level shall strengthen guidance on the safe and rational use of pesticides, and, according to the occurrence of agricultural diseases, insects, weeds, and rodents in their respective areas, formulate plans for the rotation of pesticides and rotate the use of pesticides in a planned way, so as to slow down the resistance of diseases, insects, weeds, and rodents and improve control effects.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 26 In using pesticides, pesticide anti-poisoning procedures shall be observed, pesticides shall be correctly mixed and applied, and waste disposal and safety protection work shall be done well, so as to prevent pesticide pollution of the environment and pesticide poisoning accidents.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 27 In using pesticides, the State's provisions on the safe and rational use of pesticides shall be observed, and pesticides shall be applied according to the prescribed dosage, frequency, method of application, and safety interval, so as to prevent contamination of agricultural and sideline products.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Highly toxic and extremely toxic pesticides shall not be used to control sanitary pests, nor shall they be used on vegetables, melons and fruits, tea, and Chinese herbal medicinal materials.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 28 In using pesticides, attention shall be paid to protecting the environment, beneficial organisms, and rare species.文章源自FOFCC-http://fofcc.org.cn/am/11219/
It is strictly prohibited to use pesticides to poison fish, shrimp, birds, animals, and the like.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 29 The administrative departments for forestry, grain, and health shall strengthen guidance on the safe and rational use of pesticides for forestry, grain storage, and health purposes.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Chapter VI Other Provisions文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 30 No unit or individual may produce pesticides for which no pesticide production license or pesticide production approval document has been obtained.文章源自FOFCC-http://fofcc.org.cn/am/11219/
No unit or individual may produce, sell, import, or use pesticides for which no pesticide registration certificate or temporary pesticide registration certificate has been obtained.文章源自FOFCC-http://fofcc.org.cn/am/11219/
The import of pesticides shall comply with the relevant provisions of the State, and the cargo owner or its agent shall present to the customs the China pesticide registration certificate or temporary pesticide registration certificate it has obtained.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 31 It is prohibited to produce, sell, and use fake pesticides.文章源自FOFCC-http://fofcc.org.cn/am/11219/
The following pesticides are fake pesticides:文章源自FOFCC-http://fofcc.org.cn/am/11219/
(1) Those that use non-pesticides to pass off as pesticides or use one pesticide to pass off as another pesticide;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(2) Those in which the types and names of the active ingredients contained do not conform to the types and names of the pesticide active ingredients indicated on the product label or instructions.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 32 It is prohibited to produce, sell, and use inferior pesticides.文章源自FOFCC-http://fofcc.org.cn/am/11219/
The following pesticides are inferior pesticides:文章源自FOFCC-http://fofcc.org.cn/am/11219/
(1) Those that do not conform to pesticide product quality standards;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(2) Those that have lost their efficacy;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(3) Those mixed with harmful ingredients that cause pesticide damage or the like.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 33 It is prohibited to sell pesticides whose product packaging has no label attached or whose label is incomplete or unclear.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 34 Advertisements for unregistered pesticides are prohibited from being published, broadcast, installed, or posted.文章源自FOFCC-http://fofcc.org.cn/am/11219/
The content of pesticide advertisements must be consistent with the content of pesticide registration, and shall be subject to review in accordance with the Advertising Law and the State's provisions on the administration of pesticide advertisements.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 35 If, during the validity period of registration, a registered pesticide is found to cause serious harm to agriculture, forestry, human and livestock safety, or the ecological environment, upon deliberation by the pesticide registration review committee, the competent agricultural administrative department of the State Council shall announce restrictions on its use or revoke its registration.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 36 No unit or individual may produce, sell, or use pesticides that are expressly prohibited from production by the State or whose registration has been revoked.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 37 Relevant departments of people's governments at or above the county level shall do a good job in detecting pesticide residues in agricultural and sideline products and shall publish the detection results.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 38 It is prohibited to sell agricultural and sideline products whose pesticide residues exceed the standards.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 39 The disposal of fake pesticides, inferior pesticides, expired and scrapped pesticides, banned pesticides, discarded pesticide packaging, and other pesticide-containing wastes must strictly comply with the relevant provisions of environmental protection laws and regulations to prevent environmental pollution.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Chapter VII Penalty Provisions文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 40 Anyone who commits any of the following acts shall, in accordance with the provisions of the Criminal Law on the crime of illegal business operation or the crime of causing an accident involving dangerous goods, be investigated for criminal liability according to law; if the act is not serious enough for criminal punishment, the competent agricultural administrative department shall impose penalties in accordance with the following provisions:文章源自FOFCC-http://fofcc.org.cn/am/11219/
(1) Whoever, without obtaining a pesticide registration certificate or a temporary pesticide registration certificate, produces or operates pesticides without authorization, or produces or operates pesticides whose registration has been revoked, shall be ordered to stop production or operation, the illegal gains shall be confiscated, and a fine of not less than 1 time but not more than 10 times the illegal gains shall also be imposed; if there are no illegal gains, a fine of not more than 100,000 yuan shall also be imposed;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(2) If the validity period of a pesticide registration certificate or temporary pesticide registration certificate expires and renewal registration has not been processed, and the pesticide is produced without authorization on a continued basis, the party shall be ordered to complete the renewal procedures within a specified time limit, the illegal gains shall be confiscated, and a fine of not more than 5 times the illegal gains may also be imposed; if there are no illegal gains, a fine of not more than 50,000 yuan may also be imposed; if the renewal is not completed within the time limit, the original issuing authority shall order the cessation of production or operation and revoke the pesticide registration certificate or temporary pesticide registration certificate;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(3) Whoever produces or operates pesticide products whose packaging does not bear a label, whose label is incomplete or unclear, or whose label content has been altered without authorization shall be given a warning, the illegal gains shall be confiscated, and a fine of not more than 3 times the illegal gains may also be imposed; if there are no illegal gains, a fine of not more than 30,000 yuan may also be imposed;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(4) Whoever uses pesticides in violation of the State's relevant provisions on the safe use of pesticides shall, based on the harmful consequences caused, be given a warning and may also be fined not more than 30,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 41 Anyone who commits any of the following acts shall be punished by the industrial product licensing administration department of the people's government at or above the provincial level in accordance with the following provisions:文章源自FOFCC-http://fofcc.org.cn/am/11219/
(1) Whoever, without approval, establishes a pesticide production enterprise without authorization, or, without obtaining a pesticide production license or pesticide production approval document, produces pesticides without authorization, shall be ordered to stop production, the illegal gains shall be confiscated, and a fine of not less than 1 time but not more than 10 times the illegal gains shall also be imposed; if there are no illegal gains, a fine of not more than 100,000 yuan shall also be imposed;文章源自FOFCC-http://fofcc.org.cn/am/11219/
(2) Whoever, in violation of the provisions of a pesticide production license or pesticide production approval document, produces pesticides without authorization shall be ordered to stop production, the illegal gains shall be confiscated, and a fine of not less than 1 time but not more than 5 times the illegal gains shall also be imposed; if there are no illegal gains, a fine of not more than 50,000 yuan shall also be imposed; if the circumstances are serious, the original issuing authority shall revoke the pesticide production license or pesticide production approval document.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 42 Whoever counterfeits, forges, or transfers a pesticide registration certificate or temporary pesticide registration certificate, a pesticide registration certificate number or temporary pesticide registration certificate number, a pesticide production license or pesticide production approval document, or a pesticide production license number or pesticide production approval document number shall, in accordance with the provisions of the Criminal Law on the crime of illegal business operation or the crime of forging, altering, or buying or selling official documents, certificates, or seals of State organs, be investigated for criminal liability according to law; if the act is not serious enough for criminal punishment, the competent agricultural administrative department shall confiscate or revoke the pesticide registration certificate or temporary pesticide registration certificate, the industrial product licensing administration department shall confiscate or revoke the pesticide production license or pesticide production approval document, and the competent agricultural administrative department or the industrial product licensing administration department shall confiscate the illegal gains and may also impose a fine of not more than 10 times the illegal gains; if there are no illegal gains, a fine of not more than 100,000 yuan may also be imposed.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 43 Whoever produces or operates fake pesticides or inferior pesticides shall, in accordance with the provisions of the Criminal Law on the crime of producing or selling fake or inferior products or the crime of producing or selling fake or inferior pesticides, be investigated for criminal liability according to law; if the act is not serious enough for criminal punishment, the competent agricultural administrative department or other relevant departments as provided by laws and administrative regulations shall confiscate the fake pesticides, inferior pesticides, and illegal gains, and shall also impose a fine of not less than 1 time but not more than 10 times the illegal gains; if there are no illegal gains, a fine of not more than 100,000 yuan shall also be imposed; if the circumstances are serious, the competent agricultural administrative department shall revoke the pesticide registration certificate or temporary pesticide registration certificate, and the industrial product licensing administration department shall revoke the pesticide production license or pesticide production approval document.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 44 Whoever, in violation of the laws and regulations on industry and commerce administration, produces or operates pesticides, or violates the provisions on pesticide advertisement administration, shall, in accordance with the provisions of the Criminal Law on the crime of illegal business operation or the crime of false advertising, be investigated for criminal liability according to law; if the act is not serious enough for criminal punishment, the industry and commerce administration authority shall impose penalties in accordance with the provisions of relevant laws and regulations.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 45 Whoever, in violation of the provisions of these Regulations, causes accidents such as pesticide poisoning, environmental pollution, or pesticide damage, or other economic losses, shall make compensation according to law.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 46 Whoever, in violation of the provisions of these Regulations, causes a major accident in the course of producing, storing, transporting, or using pesticides shall, for the directly responsible persons in charge and other directly responsible persons, be investigated for criminal liability according to law in accordance with the provisions of the Criminal Law on the crime of causing an accident involving dangerous goods; if the act is not serious enough for criminal punishment, administrative sanctions shall be given according to law.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 47 Pesticide administration staff members who abuse their powers, neglect their duties, engage in malpractices for personal gain, or solicit or accept bribes shall, in accordance with the provisions of the Criminal Law on the crime of abuse of power, the crime of neglect of duty, or the crime of accepting bribes, be investigated for criminal liability according to law; if the act is not serious enough for criminal punishment, administrative sanctions shall be given according to law.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Chapter VIII Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 48 Where an international treaty relating to pesticides to which the People's Republic of China is a party or has acceded has provisions different from those of these Regulations, the provisions of the international treaty shall apply; except for clauses on which the People's Republic of China has declared reservations.文章源自FOFCC-http://fofcc.org.cn/am/11219/
Article 49 These Regulations shall come into force as of May 8, 1997.文章源自FOFCC-http://fofcc.org.cn/am/11219/