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

ltural chemicals.

　　No unit or individual shall produce， market， import or use agricultural chemicals without a registration certificate or an interim registration certificate for agricultural chemicals.

　　Import of agricultural chemicals shall comply with the relevant state pr

ovisions. An importer or his/her agent shall produce to the Customs his/her registration certificate or interim registration certificate acquired for agricultural chemicals in China.

　　Article 30 Production， marketing or use of fake agricultural chemicals shall be prohibited.

　　Any of the following agricultural chemicals are fake agricultural chemicals：

　　（1） those not being agricultural chemicals but passed off as genuine ones， or those being a kind of agricultural chemicals but passed off as another kind； or

　　（2） those with the kinds and names of effective ingredients not in conformity with the kinds and names of effectiveingredients indicated in the product labels or descriptions.

　　Article 31 Production， marketing or use of inferior agricultural chemicals shall be prohibited.

　　Any of the following agricultural chemicals are inferior agricultural chemicals：

　　（1） those not conforming to the quality standards of agricultural chemical products；

　　（2） those having lost effectiveness； or

　　（3） those mixed with ingredients that can cause harmful chemical effects or mixed with other harmful ingredients.

　　Article 32 Marketing of agricultural chemicals without labels or with incomplete or unclear labels on product packages shall be prohibited.

　　Article 33 Printing， broadcasting， setting up or putting up of advertisements for agricultural chemicals without under going registration shall be prohibited.

　　Advertisements for agricultural chemicals shall have contents consistent with those in registration of agricultural chemicals and shall be subject to examination according to the provisions of the advertisement law and the relevant state provisions governing advertisements for agricultural chemicals.

　　Article 34 If those agricultural chemicals having undergone registration are found within the period of validity for registration severely harmful to agriculture， forestry， safety of humans and animals and ecological environment， the agricultural department under the State Council shall， based on the deliberation of the evaluation and examination committee for registration of agricultural chemicals， announce restrictions upon the use or nullify the registration thereof.

　　Article 35 No unit or individual shall produce， market or use agricultural chemicals the production of which has been prohibited expressly by the state or the registration of which has been nullified by the state.

　　Article 36 Competent departments of people's governments at or above the county level shall check and monitor the amount of residues of agricultural chemicals accumulating in agricultural and sideline products.

　　Article 37 It is prohibited to sell agricultural and sideline products containing residues of agricultural chemicals in excess of the standards.

　　Article 38 Disposal of fake， inferior， expired or prohibited agricultural chemicals， or discarded packages of agricultural chemicals， or other wastes containing agricultural chemicals must strictly conform to the relevant provisions of laws and regulations on environmental protection in order to prevent environmental pollution.

　　Chapter VII Penalties

　　Article 39 Whoever commits any of the following acts shall be penalized by the agricultural departments according to the following provisions：

　　（1） Anyone who， without a registration certificate or an interim registration certificate for agricultural chemicals， produces or markets agricultural chemicals， or produces or markets agricultural chemicals the registration of which has been nullified， shall be ordered to stop the production or marketing， and， in addition to confiscation of the illegal gains， concurrently fined more than 100% and less than ten times of the amount of the illegal gains. If there is no illegal gain， the offender shall be concurrently fined not more than RMB 100，000 Yuan

.

　　（2） Anyone who continues to produce agricultural chemicals without renewing the expired registration certificate or the expired interim registration certificate for agricultural chemicals， shall be ordered to go through the renewing formalities within a time limit retrospectively， with the illegal gains confiscated， and may be concurrently fined not more than five times of the amount of the illegal gains. If there is no illegal gain， the offender shall be concurrently fined not more than RMB 50，000 Yuan. If the offender fails to go through the renewing formalities within the time limit retrospectively， the department that issued the certificate shall order him/her to stop production and marketing and revoke the registration certificate or the interim registration certificate for agricultural chemicals.

　　（3） Anyone who produces or markets agricultural chemical products not having labels attached to the packages， or those having incomplete or unclear labels on product packages， or those having contents in the labels altered， shall be given a warning， with the illegal gains confiscated， and may be concurrently fined not more than three times the amount of the illegal gains. If there is no illegal gain， the offender shall be concurrently fined not more than RMB 30，000 Yuan.

　　（4） Anyone who， in using agricultural chemicals， fails to conform to the relevant state provisions regarding safe use of agricultural chemicals， shall be given a warning and may be concurrently fined not more than RMB 30，000 Yuan.

　　Whoever commits the act described in Item （4） of the preceding paragraph shall， if a crime has been constituted， be investigated for criminal responsibility according to law.

　　Article 40 Whoever commits any of the following acts shall be penalized by the chemical industry department of the people's government at or above the provincial level according to the following provisions：

　　（1） Anyone who establishes an agricultural chemicals producing enterprise without approval， or produces agricultural chemicals without a production licence or an approval document for production of agricultural chemicals， shall be ordered to stop production and， with the illegal gains confiscated， concurrently fined more than 100% and less than ten times of the amount of the illegal gains. If there is no illegal gain， the offender shall be fined not more than RMB 100，000 Yuan.

　　（2） Anyone who， in producing agricultural chemicals， fails to conform to the provisions in the production licence or the approval document for production of agricultural chemicals， shall be ordered to stop production and， with the illegal gains confiscated， concurrently fined more than 100% and less than five times of the amount of the illegal gains. If there is no illegal gain， the offender shall be concurrently fined not more than RMB 50，000 Yuan. If the circumstances are serious， the organ that issued the licence or the approval document shall revoke the production licence or the approval document for production of agricultural chemicals.

　　Article 41 If anyone falsely uses， forges or transfers the registration certificate of agricultural chemicals or the interim registration certificate of agricultural chemicals， or the number of either of the certificates， or the production licence of agricultural chemicals or the approval document for production of agricultural chemicals， or the number of either of the licence or the document， the agricultural department shall withdraw or revoke the registration certificate or the interim registration certificate， the chemical industry department shall withdraw or revoke the production licence or the approval document for production， the agricultural department or the chemical industry department shall confiscate the illegal gains， and may concurrently impose a fine less than ten times the amount of the illegal gains. If there is no illegal gain， the offender may be conc

urrently fined not more than RMB 100，000 Yuan. If a crime has been constituted， the offender shall be investigated for criminal responsibility according to law.

　　Article 42 If anyone produces or markets fake or inferior agricultural chemicals， the agricultural department or other competent departments prescribed in laws or administrative regulations shall confiscate the fake or inferior agricultural chemicals and the illegal gains， and shall concurrently impose a fine more than 100% and less than ten times of the amount of the illegal gains. If there is no illegal gain， the offender shall be concurrently fined not more than RMB 100，000 Yuan. If the circumstances are serious， the agricultural department shall revoke the registration certificate or interim registration certificate of agricultural chemicals， and the chemical industry department shall revoke the production licence or the approval document for production of agricultural chemicals. If a crime has been constituted， the offender shall be investigated for criminal responsibility according to law.

　　Article 43 Any producer or seller of agricultural chemicals who violates laws and regulations regarding industry and commerce administration， or any violator of laws governing advertisements for agricultural chemicals shall be penalized by the organ of industry and commerce administration according to the relevant provisions of laws and regulations.

　　Article 44 Any violator of these Regulations who causes a poisoning accident by agricultural chemi

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