Article 1 In order to strengthen the management of pesticides , ensure the stable development of agricultural production, protect the agricultural ecological environment, and protect the health of the people, in accordance with the Regulations on the Administration of Pesticides (State Council Order No. 216) and relevant laws and regulations, combined with the actual conditions of the city, Formulate these measures.
Article 2 The pesticides referred to in these Measures include: (1) chemical synthesis or biological origin for preventing, eliminating or controlling diseases, insects, grasses and other harmful organisms that endanger agriculture and forestry, and purposefully regulating the growth of plants and insects. , a substance of other natural substances or a mixture of several substances and their preparations; (2) commercial natural enemies of harmful organisms; (3) a mixture of pesticides and fertilizers.
Article 3 Units and individuals that produce (including the production of raw materials, preparation and processing), subcontracting, operating and using pesticides in the administrative area of ​​this Municipality must abide by these Measures.
Article 4 The municipal and district/county agricultural administrative departments shall be responsible for the supervision and administration of pesticides within their respective administrative areas. The specific work is the responsibility of the pesticide testing agency to which it belongs. The administrative departments of quality supervision, industry and commerce, health, environmental protection, public security, etc. shall do a good job in pesticide supervision and management according to their respective duties.
Article 5 For the production and distribution of pesticides, it is necessary to apply for pesticide registration and obtain a registration certificate.
Article 6 The application for pesticide registration shall be submitted to the municipal pesticide testing agency. The municipal pesticide testing agency shall firstly review it within 5 days and report it to the pesticide testing agency of the agricultural administrative department of the State Council for registration.
Article 7 The application for pesticide registration shall provide pesticide samples and the following materials: (1) chemical reports of pesticides; (2) pesticide toxicology and efficacy tests; (3) environmental impact assessment and residue testing reports; Other standards such as standards. The efficacy and toxicology tests for pesticide registration must be undertaken by the unit and the certifier who have the qualifications for testing by the state. Units that undertake experiments on pharmacodynamics, toxicology, etc. shall not conduct registration tests for pesticide products of this unit.
Article 8 For the application for pesticide packaging, the corresponding pesticide registration certificate, production license or production approval document, quality inspection report, label and other information shall be provided.
Article 9 If the temporary registration certificate for pesticides or the pesticide registration certificate needs to be renewed, it shall apply to the municipal pesticide certification agency for renewal registration before the expiration of the validity period of the registration certificate. If the applicant fails to apply for renewal registration within the time limit, it shall be deemed to be automatically revoked. For pesticide products within the validity period of registration, change the dosage form, content, scope of use, method of use, and label, and apply for change registration.
Article 10 A pesticide production enterprise must obtain a pesticide registration certificate, a production license or a production approval document for the production of pesticides.
Article 11 Units and individuals applying for the operation of pesticides must meet the following conditions and, after being examined by the competent agricultural administrative department, apply to the administrative department for industry and commerce for a business license before they can operate pesticides: (1) The operators must pass the relevant pesticides. Training of laws, regulations and professional knowledge, and passing the examination of the competent agricultural administrative department; (2) having business premises, equipment, storage facilities, safety protection measures and environmental pollution prevention facilities and measures that are compatible with the pesticides it operates; ) Management systems and means appropriate to the pesticides it operates. If you sell households to control sanitary pests and clothing pests, you can apply directly to the industrial and commercial administration for business license. Pesticide supervision and law enforcement units and their staff shall not engage in pesticide business activities.
Article 12: Pesticides sold by pesticide business units and individuals shall have relevant copying materials such as pesticide registration certificates, production licenses or production approval documents that are consistent with the product labels.
Article 13: Pesticide products must have pesticide labels, including: (1) the name of the pesticide, the generic name of the pesticide and the name of the commodity; (2) the effective ingredient, content, dosage form, net weight or net capacity; (3) pesticide registration certificate No. or pesticide packaging registration certificate number; (4) pesticide production license number or production approval document number, product standard number (except imported original pesticides); (5) pesticide category, color marking strip, toxicity mark; (6) Product performance, scope of use, instructions for use and precautions; (7) date of manufacture (batch number), date of subcontracting (batch number); (8) quality assurance period; (9) name, address, telephone number, postal code, sub-package The pesticide must also indicate the name of the production and packaging company. Imported pesticides must have Chinese instructions.
Article 14 The following pesticides shall not be operated: (1) fake pesticides or inferior pesticides; (2) the state has revoked the registration of pesticides or expressly prohibits production; (3) it has not passed the quality assurance period and has not been appraised by the relevant departments.
Article 15 For pesticide products that still have use value but exceed the quality guarantee period, the producer or operator of the pesticide shall submit the inspection to the pesticide verification agency of the municipal agricultural administrative department. If the inspection has certain efficacy, it may be prescribed. Sales within the time limit, but the words “expired pesticides†must be indicated with the method of use and dosage.
Article 16: Pesticides users shall strictly use pesticides in accordance with the provisions of the State regulations and labels, and shall not arbitrarily expand the scope of use, increase the dosage of pesticides and change the methods of use.
Article 17 It is strictly forbidden to use highly toxic and highly toxic pesticides on crops such as vegetables, melons, fruit trees and Chinese herbal medicines, except as otherwise stipulated by the State. Highly toxic and highly toxic pesticides should not be used to control sanitary pests. According to the actual conditions of this Municipality, the municipal administrative department of agriculture may, after examination and approval by the competent agricultural administrative department of the State Council, restrict the use of certain pesticides in certain areas.
Article 18 When conducting supervision and inspection, the competent agricultural administrative departments at all levels shall, in accordance with the provisions, take samples and obtain relevant materials, and the relevant units and individuals shall not refuse or conceal them. Pesticide law enforcement personnel shall bear the responsibility for confidentiality of the technical materials provided by the pesticide production and business units.
Article 19 It is prohibited to produce or sell agricultural and sideline products with pesticide residues exceeding the standard. The pesticide testing agency shall do a good job in testing pesticide residues in agricultural and sideline products. The health administrative department shall, in accordance with the Food Sanitation Law, strengthen the detection of pesticide residues in agricultural and sideline products that enter the market.
Article 20 The release of pesticide advertisements shall be examined and approved by the competent agricultural administrative department, and the content must be consistent with the pesticide registration content. It is forbidden to publish, play, set up, or post advertisements without registered pesticides.
Article 21 Anyone who has caused phytotoxicity or poisoning accidents due to the use of pesticides in the administrative area of ​​this Municipality shall report to the local agricultural administrative department and the public security organ respectively, who shall be responsible for organizing investigations and technical appraisals, and clarifying the responsibility for accidents. deal with. In case of accidents causing pesticide environmental pollution, measures shall be taken immediately, and the local environmental protection administrative department and the agricultural administrative department shall be reported and investigated.
Article 22: The agricultural administrative departments at all levels shall establish a reporting and complaints system, and their pesticide testing agencies shall set up complaint telephones. Citizens, legal persons or other organizations may report any violation of the provisions of these Measures for the production, sale and use of pesticides.
Article 23 If a pesticide is operated in violation of the provisions of these Measures, and there is no product label and corresponding registration certificate, production license or production approval document, the agricultural administrative department shall impose a fine of not more than 10,000 yuan.
Article 24 In case of violation of the provisions of these Measures, the agricultural administrative department shall impose a fine of not more than 10,000 yuan for pesticides that have not been inspected before the expiration of the period of operation.
Article 25 In violation of the provisions of these Measures, the use of highly toxic and highly toxic pesticides on vegetables, melons, fruit trees, Chinese herbal medicines and other crops shall be ordered by the agricultural administrative department to destroy them and give warnings. If the circumstances are serious, the 30,000 shall be imposed. A fine of less than one yuan; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 26 In case of violation of the provisions of these Measures, the agricultural and sideline products that produce or sell the pesticide residue exceeding the standard shall be ordered to be destroyed by the competent agricultural administrative department, and if the circumstances are serious, a fine of not more than 10,000 yuan shall be imposed.
Article 27 If a pesticide supervision and management personnel abuses their powers, neglects their duties, or engages in malpractices for personal gains, the unit or the competent department at a higher level shall impose administrative sanctions; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 28 These Measures shall come into force as of the date of promulgation.
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