农药管理条例 REGULATIONS ON THE CONTROL OF AGRICULTURAL CHEMICALS

国务院令第216号
（Promulgated by Decree No. 216 of the State Council of the People's Republic of China on May 8， 1997）
颁布日期：19970508 　实施日期：19970508 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Regulations are formulated for the purpose of strengthening the supervision and control of the production， management and application of agricultural chemicals， ensuring the quality of agricultural chemicals， protecting the agricultural and forestry production， ecological environment， and maintaining the safety of human beings and animals.

　　Article 2 Agricultural chemicals referred to in these Regulations mean mixtures or preparations of one or more substances by chemical synthesis or originating from organisms or other natural substances with the intent to prevent， eliminate or put under control plant diseases， insect pests， weeds or other living beings harmful to agriculture and forestry and to purposely regulate the growth of plants and insects.

　　Agricultural chemicals prescribed in the preceding paragraph include the following categories used for different purposes or sites：

　　（1） to prevent， eliminate or put under control plant diseases， insect pests （including insects， ticks and mites）， weeds， rats， mollusks and other living beings harmful to agriculture and forestry；

　　（2） to prevent， eliminate or put under control diseases， insect pests， rats and other harmful living beings in warehouses；

　　（3） to regulate the growth of plants and insects；（4） to be used as antiseptics or preservatives of agricultural products or forest products；

　　（5） to prevent， eliminate or put under control mosquitoes， flies， cockroaches， rats and other harmful living beings； and

　　（6） to prevent， eliminate or put under control living beings harmful to dykes and dams， railways， airports， buildings and other sites.

　　Article 3 The production， management and application of agricultural chemicals within the territory of the People's Republic of China shall observe these Regulations.

　　Article 4 The State encourages and supports research， production and application of agricultural chemicals that are safe， highly efficacious and economical.

　　Article 5 The agricultural department under the State Council shall be responsible for the registration， supervision and control of agricultural chemicals throughout the country. The agricultural departments of people's governments of provinces， autonomous regions or municipalities directly under the Central Government shall assist the agricultural department under the State Council in the registration of agricultural chemicals， and shall be responsible for the supervision and control of agricultural chemicals within their respective administrative regions. The agricultural departments of people's governments at the county level and in municipalities with subordinate districts or autonomous prefectures shall be responsible for the supervision and control of agricultural chemicals within their respective administrative regions.

　　The chemical industry department under the State Council shall be responsible for the overall planning， coordination， guidance， supervision and administration of the production of agricultural chemicals. The chemical industry departments of people's governments of provinces， autonomous regions or municipalities directly under the Central Government shall be responsible for the supervision and administration of the production of agricultural chemicals within their respective administrative regions.

　　Other relevant departments of people's governments at or above the county level shall be responsible for the supervision and administration of the production of agricultural chemicals according to their terms of reference.

　　Chapter II Registration of Agricultural Chemicals

　　Article 6 The State practises a registration system for agricultura

l chemicals.

　　The production （including the production of raw agricultural chemicals as well as the processing and packing of preparations， the same hereinafter） and importation of agricultural chemicals must enter into registration.

　　Article 7 Agricultural chemicals produced or imported in the country for the first time shall be registered by the following three phases：

　　（1） the Field Trial Phase： Agricultural chemicals the registration of which to be applied for shall be put in field trials subject to approval after their researchers so apply for. Those at the field trial phase shall not be sold.

　　（2） the Interim Registration Phase： Producers of agricultural chemicals which require demonstrations of field trials for trial sale and which require to be used under special circumstances after field trials shall apply for interim registration. After the agricultural department under the State Council issues a certificate for interim registration， those agricultural chemicals can be demonstrated for trial sale within a designated scope.

　　（3） the Formal Registration Phase： Producers of agricultural chemicals which can be circulated as standard commodities upon demonstrations of field trials for trial sale shall apply for formal registration. After the agricultural department under the State Council issues a registration certificate of agricultural chemicals， those agricultural chemicals can be produced and sold.

　　The registration certificate of agricultural chemicals and the certificate for interim registration of agricultural chemicals shall respectively specify the period of validity for registration. If it is necessary to continue to produce or sell to China agricultural chemical products after the expiration of such period of validity， an application for the extension of registration shall be filed before the expiration date of the registration.

　　An application for change in registration shall be filed if an agricultural chemical having been granted formal registration or interim registration changes in its pharmaceutical form， ingredients， usage or directions for use within the period of validity for its registration.

　　Article 8 When applying for registration of agricultural chemicals pursuant to the provisions of Article 7 of these Regulations， researchers， producers or foreign enterprises selling agricultural chemicals to China shall provide samples of agricultural chemicals to the agricultural department under the State Council， or to the agricultural department under the State Council via the agricultural departments of provinces， autonomous regions and municipalities directly under the Central Government， and shall， at the same time， provide information on product chemistry and toxicology， effectiveness， residues， environmental impact and label as required by the agricultural department under the State Council for registration of agricultural chemicals.

　　The appraisal institution of agricultural chemicals attached to the agricultural department under the State Council shall be responsible for specific affairs relating to the registration of agricultural chemicals throughout the country. The appraisal institutions of agricultural chemicals attached to the agricultural departments of provinces， autonomous regions and municipalities directly under the Central Government shall assist in handling specific affairs relating to the registration of agricultural chemicals within their respective administrative regions. ＃13Article 9 Managerial specialists and technical specialists of agricultural chemicals recommended by departments under the State Council in charge of agriculture， forestry， chemical industry， public health， environmental protection and food grains as well as the Chinese Federation of Supply and Marketing Cooperatives shall form an evaluation and examination committee for registration of agricultural chemicals.

　　After the depar

tments under the State Council in charge of agriculture， chemical industry， public health and environmental protection and the Chinese Federation of Supply and Marketing Cooperatives separately examine information on applications for formal registration of agricultural chemicals and write down their comments， the evaluation and examination committee for registration of agricultural chemicals shall conduct an evaluation on the agricultural chemicals in terms of product chemistry， toxicology， effectiveness， residues and environmental impact. Based on the evaluation of the evaluation and examination committee for registration of agricultural chemicals， the agricultural department under the State Council shall issue registration certificates for agricultural chemicals to those applicants who conform to requirements.

　　Article 10 If a producer produces identical agricultural chemicals already under registration by other manufacturers， the producer shall apply for registration for the agricultural chemicals and provide samples and information prescribed in Article 8 of these Regulations. The agricultural department under the State Council shall issue to the producer a registration certificate for agricultural chemicals.

　　Chapter III Production of Agricultural Chemicals

　　Article 11 Production of agricultural chemicals shall conform to the state industrial policies on the agricultural chemical industry.

　　Article 12 Whoever intends to establish an agricultural chemicals producing enterprise （including any jointly operated enterprise， any branch or any workshop established for producing agricultural chemicals in a non-agricultural chemicals producing enterprise） shall fulfil the following conditions， subject himself/herself to the examination and consent of the chemical industry department of the provi

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