(Promulgated by the State Council on 8 May 1997, and revised in accordance with the Decision of the State Council on Amending the Regulations on the Administration of Pesticides on 29 November 2001)文章源自FOFCC-http://fofcc.org.cn/en/11219/
Chapter 1 General Provisions文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 1 These Regulations are formulated with a view to strengthening the supervision and administration of the production, operation and use of pesticides, ensuring pesticide quality, protecting agricultural and forestry production and the ecological environment, and safeguarding human and livestock safety.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 2. For the purposes of these Regulations, pesticides refer to any substance, mixture of substances, or preparation thereof—derived from chemical synthesis, biological sources, or other natural materials—used for preventing, eliminating, or controlling diseases, pests, weeds, and other harmful organisms that endanger agriculture and forestry, or for purposefully regulating the growth of plants and insects.文章源自FOFCC-http://fofcc.org.cn/en/11219/
The pesticides mentioned in the preceding paragraph include the following categories used for different purposes and locations:文章源自FOFCC-http://fofcc.org.cn/en/11219/
(1) Preventing, eradicating or controlling pests (including insects, ticks, mites), weeds, rodents, molluscs and other harmful organisms that endanger agriculture and forestry;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(2) preventing, eradicating or controlling storage diseases, pests, rodents and other harmful organisms;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(3) regulating plant and insect growth;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(4) used for the preservation or freshness of agricultural and forestry products;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(5) preventing, eliminating or controlling mosquitoes, flies, cockroaches, rats and other pests;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(6) Preventing, eradicating or controlling pests that are harmful to river dykes, railways, airports, buildings and other facilities.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 3 Anyone who produces, distributes and 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/en/11219/
Article 4 The State encourages and supports the research, development, production and use of safe, efficient and economical pesticides.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 5 The agricultural administrative department of the State Council shall be responsible for the nationwide pesticide registration and pesticide supervision and management. The agricultural administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall assist the agricultural administrative department of the State Council with pesticide registration within their respective administrative areas, and shall be responsible for pesticide supervision and management within their respective administrative areas. The agricultural administrative departments of the people's governments at the county level and those of cities divided into districts and autonomous prefectures shall be responsible for pesticide supervision and management within their respective administrative areas.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Other relevant departments of the people's governments at or above the county level shall be responsible for the supervision and administration of pesticides within the scope of their respective duties.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Chapter 2: Pesticide Registration文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 6 The State shall implement a pesticide registration system.文章源自FOFCC-http://fofcc.org.cn/en/11219/
The production (including active ingredient manufacturing, formulation processing, and repackaging, hereinafter the same) and importation of pesticides must be registered.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 7 The registration of pesticides manufactured domestically for the first time and pesticides imported for the first time shall be carried out in accordance with the following three stages:文章源自FOFCC-http://fofcc.org.cn/en/11219/
(1) Field trial stage: For pesticides applying for registration, their developers shall submit an application for field trials, and upon approval, field trials may be conducted; pesticides in the field trial stage shall not be sold.文章源自FOFCC-http://fofcc.org.cn/en/11219/
(2) Provisional registration stage: Pesticides that require field trial demonstrations or trial sales following field trials, or pesticides that need to be used under special circumstances, shall have their provisional registration applied for by their producers. Upon the issuance of a provisional pesticide registration certificate by the agricultural administrative department of the State Council, field trial demonstrations and trial sales may be conducted within the prescribed scope.文章源自FOFCC-http://fofcc.org.cn/en/11219/
(3) Official registration stage: Pesticides that have undergone field trials, demonstrations, and test marketing and can be circulated as official commodities shall have their official registration applied for by their producers. Only after the agricultural administrative department under the State Council issues a pesticide registration certificate may they be manufactured and sold.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Pesticide registration certificates and temporary pesticide registration certificates shall specify a period of validity for the registration. Where, upon the expiration of the period of validity of the registration, there is a need to continue to produce or continue to sell pesticide products to China, an application for renewal of registration shall be made prior to the expiration of the period of validity of the registration.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Where the formulation, active ingredient content, scope of use, or method of application of a registered pesticide—whether through formal or provisional registration—is changed during its period of validity, an application for a variation of registration shall be made.文章源自FOFCC-http://fofcc.org.cn/en/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 administrative department for agriculture under the State Council, or to the administrative department for agriculture under the State Council through the administrative department for agriculture of the people's government of the province, autonomous region, or municipality directly under the Central Government, and shall provide data regarding the product chemistry, toxicology, efficacy, residues, environmental impact, and labelling of the pesticide in accordance with the pesticide registration requirements stipulated by the administrative department for agriculture under the State Council.文章源自FOFCC-http://fofcc.org.cn/en/11219/
The pesticide assessment agency affiliated with the administrative department for agriculture under the State Council shall be responsible for specific pesticide registration work nationwide. The pesticide assessment agencies affiliated with the administrative departments for agriculture under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall assist in carrying out specific pesticide registration work within their respective administrative areas.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 9: The pesticide registration audit committee shall be composed of pesticide management experts and pesticide technical experts recommended by the agriculture, forestry, industrial product licensing management, health, environmental protection, and grain departments of the State Council, as well as the All-China Federation of Supply and Marketing Cooperatives and other departments.文章源自FOFCC-http://fofcc.org.cn/en/11219/
After the application materials for official pesticide registration have been reviewed and signed by the agriculture, industrial product licensing management, health, and environmental protection departments of the State Council and the All-China Federation of Supply and Marketing Cooperatives respectively, the pesticide registration audit committee evaluates the product chemistry, toxicology, efficacy, residues, and environmental impact of the pesticides. Based on the evaluation by the pesticide registration audit committee, if the conditions are met, the agriculture administrative department of the State Council issues a pesticide registration certificate.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 10 The State shall protect the undisclosed test data and other data independently acquired and submitted by an applicant for the first registration of a pesticide containing a new chemical compound.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Within 6 years from the date of registration, the registration authority shall not grant registration if other applicants apply for pesticide registration using the data referred to in the preceding paragraph without the consent of the applicant that has already obtained registration; however, this shall not apply where the other applicants submit data generated by themselves.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Save for the following circumstances, the registration authority shall not disclose the data provided for in the first paragraph:文章源自FOFCC-http://fofcc.org.cn/en/11219/
(1) The needs of the public interest;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(2) measures have been taken to ensure that such information will not be used improperly for commercial purposes.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 11. Where a producer manufactures the same pesticide product as that already registered by another manufacturer, the producer shall apply for pesticide registration, provide pesticide samples and the materials prescribed in Article 8 of these Regulations, and be issued a pesticide registration certificate by the agricultural administrative department of the State Council.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Chapter 3 Pesticide Production文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 12 Pesticide production shall comply with the national industrial policy for the pesticide industry.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 13. The establishment of a pesticide production enterprise (including joint ventures, the establishment of branch factories, and the establishment of pesticide production workshops by non-pesticide production enterprises) shall meet the following conditions and, upon review and approval by the industrial product licensing administrative department of the province, autonomous region, or municipality directly under the Central Government where the enterprise is located, shall be reported to the industrial product licensing administrative department of the State Council for approval; provided, however, that where laws and administrative regulations provide otherwise regarding the conditions for the establishment of enterprises and the authorities for review or approval, those provisions shall prevail:文章源自FOFCC-http://fofcc.org.cn/en/11219/
(1) having technical personnel and skilled workers appropriate to the pesticides it produces;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(2) having premises, production facilities and a sanitary environment appropriate to the pesticides it produces;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(3) having facilities that comply with national labour safety and health standards and corresponding labour safety and health management systems;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(4) It has product quality standards and a product quality assurance system;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(5) the pesticides produced are pesticides that have obtained pesticide registration in accordance with the law;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(6) having pollution prevention and control facilities and measures that meet national environmental protection requirements, and ensuring that pollutant emissions do not exceed national and local emission standards.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Pesticide manufacturing enterprises may apply to the administrative authorities for industry and commerce for a business licence in accordance with the law only after obtaining approval.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 14. The State shall implement a pesticide production licensing system.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Where pesticides are subject to national standards or industry standards, an application for a pesticide production licence shall be made to the industrial product licence management department of the State Council.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Where pesticides for which neither national standards nor industry standards have been formulated, but for which enterprise standards already exist, are to be manufactured, the matter shall be subject to the examination and approval of the industrial product licensing administrative department of the province, autonomous region, or municipality directly under the Central Government, and then reported to the industrial product licensing administrative department of the State Council for approval, whereupon a pesticide production approval document shall be issued.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 15 Pesticide manufacturers shall carry out production in accordance with pesticide product quality standards and technical regulations, and production records must be complete and accurate.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 16 Pesticide product packaging must bear a label or be accompanied by a leaflet. The label must be affixed directly to or printed on the pesticide packaging. The label or leaflet must state the pesticide name, enterprise name, product batch number, pesticide registration certificate number or temporary pesticide registration certificate number, pesticide production licence number or pesticide production approval document number, as well as the active ingredient, content, weight, product performance, toxicity, uses, application technology, method of application, date of manufacture, period of validity, and precautions of the pesticide; where pesticides are repackaged, the repackaging unit must also be stated.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 17 Pesticide products shall undergo quality inspection and be accompanied by a product quality inspection certificate before leaving the factory; those that do not conform to product quality standards shall not leave the factory.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Chapter 4 Pesticide Trading文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 18: The following entities may engage in the pesticide business:文章源自FOFCC-http://fofcc.org.cn/en/11219/
(1) agricultural means of production business units of supply and marketing cooperatives;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(2) Plant Protection Station;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(3) Soil and Fertiliser Station;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(iv) agricultural and forestry technology extension institutions;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(5) Forest pest control authorities;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(6) pesticide manufacturing enterprises;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(7) other business entities stipulated by the State Council. Where the pesticides operated belong to hazardous chemicals, a business licence shall be obtained in accordance with relevant state regulations.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 19 Pesticide dealers shall meet the following conditions as well as those stipulated in relevant laws and administrative regulations, and may only engage in the pesticide business after applying for a business licence from the administration for industry and commerce in accordance with the law:文章源自FOFCC-http://fofcc.org.cn/en/11219/
(1) having technical personnel suitable for the pesticides it operates;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(2) having business premises, equipment, storage facilities, safety protection measures, and environmental pollution prevention and control facilities and measures that are compatible with the pesticides it operates;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(3) have rules and regulations appropriate to the pesticides it operates;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(4) have quality management systems and management methods appropriate to the pesticides they operate.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 20 Pesticide business operators shall, when purchasing pesticides, verify that the pesticide products match the product labels, instructions, or product quality inspection certificates without error, and conduct quality inspections.文章源自FOFCC-http://fofcc.org.cn/en/11219/
It is prohibited to purchase or sell pesticides that lack a pesticide registration certificate or temporary pesticide registration certificate, pesticide production licence or pesticide production approval document, product quality standard, or product quality inspection certificate, as well as pesticides that fail quality inspection.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 21: Pesticide business operators shall make good preparations for pesticide reserves in accordance with relevant state regulations.文章源自FOFCC-http://fofcc.org.cn/en/11219/
The storage of pesticides shall be subject to the establishment and implementation of warehouse management systems to ensure the quality and safety of pesticide products.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 22 Agrochemical business operators must ensure quality when selling agrochemicals, and agrochemical products must be checked against their product labels or instructions and product quality inspection certificates to ensure there are no discrepancies.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Pesticide retailers must correctly instruct pesticide users and purchasers on the usage, application methods, dosage, emergency first-aid measures for poisoning, and precautions for pesticides.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 23: Pesticide products that have exceeded their quality guarantee period may be sold within a specified period if they are inspected by a pesticide testing agency affiliated to the agricultural administrative department of the people's government at or above the provincial level and found to conform to the standards; however, the words “expired pesticide” must be clearly indicated, and instructions for use and dosage must be attached.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Chapter 5 Pesticide Use文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 24: The agricultural administrative authorities of local people's governments at or above the county level shall, in accordance with the plant protection policy of “prevention first and comprehensive control”, organise the promotion of safe and highly efficient pesticides, carry out training activities to improve farmers' pesticide application techniques, and do a good job in the forecasting and early warning of plant diseases and insect pests.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 25. The 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, formulate pesticide rotation plans based on the occurrence of agricultural diseases, pests, weeds, and rodent pests in their respective regions, carry out planned pesticide rotation, slow down the resistance of diseases, pests, weeds, and rodents to pesticides, and improve control effectiveness.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 26: The use of pesticides shall comply with pesticide safety regulations, ensuring correct preparation and application of pesticides, proper waste disposal, and adequate safety protection measures, in order to prevent environmental pollution by pesticides and pesticide poisoning accidents.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 27: The use of pesticides shall comply with the state regulations concerning the safe and rational use of pesticides, and application shall be carried out in accordance with the prescribed dosages, frequencies, methods, and safety intervals to prevent the contamination of agricultural and sideline products.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Extremely toxic and highly toxic pesticides must not be used for the control of public health pests, nor for vegetables, fruit, tea and traditional Chinese herbal medicines.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 28: The use of pesticides shall be subject to the protection of the environment, beneficial organisms and rare species.文章源自FOFCC-http://fofcc.org.cn/en/11219/
It is strictly prohibited to use pesticides to poison fish, prawns, birds, beasts, etc.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 29 Forestry, grain, and health administrative departments shall strengthen guidance on the safe and rational use of pesticides for forestry, grain storage, and public health.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Chapter 6 Miscellaneous Provisions文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 30 No organisation or individual may manufacture pesticides that have not obtained a pesticide manufacturing licence or pesticide manufacturing approval document.文章源自FOFCC-http://fofcc.org.cn/en/11219/
No organisation or individual may manufacture, trade in, import or use pesticides that have not obtained a pesticide registration certificate or provisional pesticide registration certificate.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Imported pesticides shall comply with the relevant national regulations, and the cargo owner or their agent shall present to customs the Chinese pesticide registration certificate or temporary pesticide registration certificate they have obtained.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 31: The production, sale and use of fake pesticides is prohibited.文章源自FOFCC-http://fofcc.org.cn/en/11219/
The following pesticides are counterfeit pesticides:文章源自FOFCC-http://fofcc.org.cn/en/11219/
(1) passing off non-pesticides as pesticides, or passing off one type of pesticide as another;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(2) where the types and names of the active ingredients contained do not match the types and names of the active ingredients indicated on the product label or instructions for use.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 32 The production, operation and use of substandard pesticides shall be prohibited.文章源自FOFCC-http://fofcc.org.cn/en/11219/
The following pesticides are substandard pesticides:文章源自FOFCC-http://fofcc.org.cn/en/11219/
(1) Not meeting the quality standards for pesticide products;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(2) Having lost their operational capability;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(3) Mixed with harmful components that cause damage such as phytotoxicity.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 33 - The sale of pesticides whose product packaging lacks labels or has illegible or damaged labels is prohibited.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 34: The advertising of unregistered pesticides through publication, broadcasting, installation, or posting is prohibited.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Pesticide advertisement content must be consistent with the registered details of the pesticide, and must be reviewed in accordance with the Advertising Law and national regulations concerning the administration of pesticide advertisements.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 35 If, during the validity period of a registered pesticide, it is found to cause serious harm to agriculture, forestry, human and animal safety, or the ecological environment, upon review by the pesticide registration audit committee, the administrative department for agriculture under the State Council shall announce restrictions on its use or revoke its registration.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 36 No unit or individual may manufacture, trade or use pesticides whose manufacture is explicitly prohibited or whose registration has been revoked by the State.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 37 The relevant departments of people's governments at or above county level shall carry out testing work on pesticide residue levels in agricultural and sideline products, and publish the test results.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 38: The sale of agricultural and sideline products with pesticide residue levels exceeding standards is prohibited.文章源自FOFCC-http://fofcc.org.cn/en/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 laws and regulations on environmental protection to prevent environmental pollution.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Chapter 7 Penalties文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 40 If any of the following acts is committed, criminal responsibility shall be investigated according to law 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 articles; 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/en/11219/
(1) If a person, 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, the person 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/en/11219/
(2) If, after the period of validity of a pesticide registration certificate or temporary pesticide registration certificate expires, a person fails to complete renewal registration and continues to produce the pesticide without authorization, the person shall be ordered to complete the renewal procedures within a prescribed 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 person fails to complete the procedures within the time limit, the original issuing authority shall order the person to stop production or operation and revoke the pesticide registration certificate or temporary pesticide registration certificate;文章源自FOFCC-http://fofcc.org.cn/en/11219/
(3) If a person produces or operates pesticide products whose packaging has no label attached, whose label is incomplete or unclear, or whose label content has been altered without authorization, a warning shall be given, 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/en/11219/
(4) If a person uses pesticides in violation of the State's relevant provisions on the safe use of pesticides, depending on the harmful consequences caused, a warning shall be given, and a fine of not more than 30,000 yuan may also be imposed.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 41 If any of the following acts is committed, the industrial product licensing administration department of the people's government at or above the provincial level shall impose penalties in accordance with the following provisions:文章源自FOFCC-http://fofcc.org.cn/en/11219/
(1) If, without approval, a person establishes a pesticide production enterprise without authorization, or, without obtaining a pesticide production license or pesticide production approval document, produces pesticides without authorization, the person 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/en/11219/
(2) If, in violation of the provisions of a pesticide production license or pesticide production approval document, a person produces pesticides without authorization, the person 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/en/11219/
Article 42 If a person 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, criminal responsibility shall be investigated according to law in accordance with the provisions of the Criminal Law on the crime of illegal business operation or the crime of forging, altering, buying, or selling official documents, certificates, or seals of State organs; 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/en/11219/
Article 43 If a person produces or operates fake pesticides or inferior pesticides, criminal responsibility shall be investigated according to law 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; if the act is not serious enough for criminal punishment, the competent agricultural administrative department or other relevant departments prescribed 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/en/11219/
Article 44 If a person, in violation of laws and regulations on industry and commerce administration, produces or operates pesticides, or violates the provisions on pesticide advertisement administration, criminal responsibility shall be investigated according to law in accordance with the provisions of the Criminal Law on the crime of illegal business operation or the crime of false advertising; 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/en/11219/
Article 45 If a person, in violation of the provisions of these Regulations, causes an accident such as pesticide poisoning, environmental pollution, or pesticide damage, or causes other economic losses, the person shall make compensation according to law.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 46 If a person, in violation of the provisions of these Regulations, causes a major accident in the course of producing, storing, transporting, or using pesticides, the directly responsible person in charge and other directly responsible personnel shall be investigated for criminal responsibility according to law in accordance with the provisions of the Criminal Law on the crime of causing an accident involving dangerous articles; if the act is not serious enough for criminal punishment, administrative sanctions shall be imposed according to law.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 47 If pesticide administration staff abuse their power, neglect their duties, engage in malpractices for personal gain, or solicit or accept bribes, criminal responsibility shall be investigated according to law 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; if the act is not serious enough for criminal punishment, administrative sanctions shall be imposed according to law.文章源自FOFCC-http://fofcc.org.cn/en/11219/
Chapter VIII Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/en/11219/
Article 48 If 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/en/11219/
Article 49 These Regulations shall come into force as of May 8, 1997.文章源自FOFCC-http://fofcc.org.cn/en/11219/