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

nce， autonomous region or municipality directly under the Central Government in the place where the enterprise is to be located， then report to the chemical industry department under the State Council for approval. If laws or administrative regulations have other provisions regarding conditions for the establishment of enterprises， and the examination and approval authority， these provisions shall prevail.

　　（1） having technicians and skilled workers required by the kind of agricultural chemicals to be produced；

　　（2） having workshops， production facilities and hygienic conditions required by the kind of agricultural chemicals to be produced；

　　（3） having facilities up to the national standards for labour safety and health and corresponding rules for labour safety and health management；

　　（4） having product quality standards and product quality guarantee system；

　　（5） producing agricultural chemicals having been granted registration according to law； and

　　（6） having facilities and measures for pollution prevention and treatment as required by the state for environmental protection and discharge of pollutants not exceeding the national and local standards.

　　After the establishment of an agricultural chemicals producing enterprise has been approved， it shall apply to the organ of industry and commerce administration for a business licence.

　　Article 13 The State practises a licence system for production of agricultural chemicals.

　　Production of those agricultural chemicals for which the national or trade standards exist shall acquire a production licence issued by the chemical industry department under the State Council.

　　Production of those agricultural chemicals for which a standard within the enterprise exists but the national or trade standards have not yet been set shall be examined by the chemical industry department of the province， autonomous region and municipality directly under the Central Government and， on gaining consent， reported to the chemical industry department under the State Council for approval and issu

ance of an approval document for production of agricultural chemicals.

　　Article 14 Agricultural chemicals producing enterprises shall conduct production according to quality standards and technical rules for agricultural chemical products， and shall keep their production records complete and accurate.

　　Article 15 Products of agricultural chemicals shall be attached with a label or a description. Labels shall be tightly stuck on or be printed on packages of agricultural chemicals. Labels or descriptions shall have indications concerning the name of agricultural chemicals， name of the producing enterprise， product batch number and number of the registration certificate or interim registration certificate， number of the production licence or number of the approval document for production of the agricultural chemicals， as well as ingredients， contents， weight， product characteristics， toxicity， usage， techniques and directions for use， date of production， period of effectiveness and precautions for applying the agricultural chemicals. Those agricultural chemicals separately packed for distribution shall also be given the names of the packing units.

　　Article 16 Before leaving the factory， agricultural chemicals shall undergo quality inspections and be attached with a certificate of quality inspection. No substandard agricultural chemicals shall be dispatched from the factory.

　　Chapter IV Marketing of Agricultural Chemicals

　　Article 17 Any of the following units may market agricultural chemicals：

　　（1） units of the supply and marketing cooperatives marketing means of agricultural production；

　　（2） plant protection stations；

　　（3） soil fertilizer stations；

　　（4） agricultural or forestry technology dissemination institutions；

　　（5） institutions for prevention of forest diseases and insect pests；

　　（6） agricultural chemicals producing enterprises； and

　　（7） other marketing units stipulated by the State Council.

　　Whoever intends to market agricultural chemicals categorized as dangerous chemicals shall obtain a marketing licence according to the relevant state provisions.

　　Article 18 An agricultural chemicals marketing unit shall meet the following requirements and other requirements prescribed in the relevant laws and administrative regulations and shall take out a business licence according to law from the organ of industry and commerce administration before engaging in marketing of agricultural chemicals：

　　（1） having technicians qualified for marketing agricultural chemicals；

　　（2） having a place of business， equipment， warehousing facilities， safety and protection measures and facilities and measures for pollution prevention and treatment required by marketing of agricultural chemicals；

　　（3） having rules and regulations established for marketing of agricultural chemicals； and

　　（4） having a commensurate system and means for quality control over agricultural chemicals to be marketed.

　　Article 19 When purchasing agricultural chemicals， an agricultural chemicals marketing unit shall check the agricultural chemical products with the product labels or descriptions and certificates of product quality to find them totally and conduct quality inspections.

　　Purchase or sale of those agricultural chemicals without a registration certificate or interim registration certificate， without a production licence or approval document for production， without product quality standards and a certificate of product quality， or without passing quality inspection shall be prohibited.

　　Article 20 Agricultural chemicals marketing units shall build up reserve of agricultural chemicals according to the relevant state provisions.

　　Rules for the storage and safekeeping of agricultural chemicals shall be established and executed to ensure the quality and safety of agricultural c

hemical products.

　　Article 21 Agricultural chemicals marketing units shall guarantee quality of agricultural chemicals they sell and shall check product labels or descriptions and certificates of product quality with the agricultural chemical products to find them to tally.

　　Agricultural chemicals marketing units shall explain correctly to the users of agricultural chemicals， whether units or individuals， the usage， directions for use， dosages， emergency measures for poisoning and precautions of agricultural chemicals.

　　Article 22 Agricultural chemical products with an expired period of guaranteed quality may continue to be sold within a fixed period if they are still up to the standards subject to the inspection of the appraisal institution of agricultural chemicals attached to the agricultural department of the people's government at or above the provincial level. However， the words “expired agricultural chemicals” must be indicated and directions for use and dosages must be given.

　　Chapter V Application of Agricultural Chemicals

　　Article 23 Agricultural departments of people's governments at or above the county level shall， under the plant protection policy of “prevention first and integrated prevention and control”， organize the popularization of agricultural chemicals that are safe and highly efficacious， conduct training to improve peasants' level in the application of agricultural chemicals， and give forecasts of plant diseases and insect pests.

　　Article 24 Agricultural departments of local people's governments at or above the county level shall give directions for safe and rational use of agricultural chemicals and， in the light of occurrences of local agricultural disasters due to plant diseases， insect pests， weeds or rats， work out programmes for alternate use of agricultural chemicals， by alternately using agricultural chemicals according to the programmes， alleviate the drug-resistance of plant diseases， insect pests， weeds and rats and improve the results of prevention and control.

　　Article 25 Use of agricultural chemicals shall comply with anti-poisoning rules. The preparation and application of agricultural chemicals， disposal of wastes and safety and protection shall be properly handled to prevent environmental pollution and poisoning accidents by agricultural chemicals.

　　Article 26 Use of agricultural chemicals shall comply with the relevant state provisions regarding safe and rational use of agricultural chemicals. Dosages， frequency， ways and safety intervals for use of agricultural chemicals shall conform to the regulations to prevent pollution to agricultural and sideline products.

　　Hyper toxic or high toxic agricultural chemicals shall not be used for the prevention and control of insects harmful to hygienic conditions， and shall not be applied to vegetables， melons， fruits， tea and traditional Chinese medicinal herbs.

　　Article 27 In use of agricultural chemicals， attention shall be paid to environmental protection， protection of beneficial organisms and precious and rare species.

　　It is strictly prohibited to poison fishes， shrimps， birds， beasts， etc. with agricultural chemicals.

　　Article 28 Administrative departments in charge of forestry， food grains and public health shall step up guidance for safe， rational use of agricultural chemicals in forestry， grain reserve and public health.

　　Chapter VI Other Provisions

　　Article 29 No unit or individual shall produce agricultural chemicals without a production licence for agricultural chemicals or an approval document for the production of agricu

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