Chapter 1 General Provisions
Article 1 (purpose and basis)
In order to standardize the management and use of pesticides, safeguard the legitimate rights and interests of farmers and pesticide operators, safeguard the quality of agricultural products and the safety of people and livestock, and protect the production of agricultural and forestry and ecological environment, in accordance with the Regulations on the Administration of Pesticides and other relevant laws and regulations, the The actual city, the development of this provision.
Article 2 (Scope of Application)
The regulations shall apply to the management, use, and related management activities of pesticides in the administrative area of ​​this Municipality.
Article 3 (Regulatory Authority)
The municipal administrative department of agriculture shall be responsible for the supervision and administration of the pesticide operation and use of this Municipality. The district/county administrative department of agriculture shall be responsible for the supervision and management of the pesticide management and use within its administrative area.The relevant departments such as industry and commerce, quality and technical supervision, safety supervision, greening forestry, commerce, and environmental protection shall, in accordance with their respective responsibilities, do a good job of supervision and management of the management and use of pesticides.
Article 4 (Reporting, Awards)
The municipal and district/county agricultural administrative departments shall set up telephones and mails for reports, and accept reports from the public regarding the operation of prohibited pesticides, counterfeit and inferior pesticides, and illegal use of pesticides.
The municipal and district/county administrative departments of agriculture shall promptly accept, investigate and deal with reports according to law, and keep secrets for the informants. If the report is true after investigation, the receiving department shall reward the informant.
Article 5 (industry self-regulation)
Encourage industry organizations dealing with pesticides and pesticides to provide business guidance and services to members, and play an industry self-regulatory role in formulating industry service norms and guiding members in standardizing operations.
Chapter II Pesticide Management
Article 6 (Business Conditions)
Pesticide management units and their established branch offices shall meet the following conditions:
(1) The scope of the subject specified in the first paragraph of Article 18 of the Regulations on the Administration of Pesticides;
(2) equipped with pesticide-related professional and technical personnel suitable for the species and scale of pesticides for which they are operating, among which the branches of the pesticide-management unit shall be equipped with at least one person who has obtained a professional title certificate or occupational skill appraisal certificate of a pesticide-related major or above;
(3) Pesticide sales and storage sites have safety protection facilities such as ventilation and segregated storage suitable for the pesticides they administer, comply with the requirements of relevant laws, regulations and mandatory standards, and are isolated from living areas;
(4) It has a management system that is compatible with the pesticides it operates, including related systems such as unified distribution, stock inspection, safe sales, and operating ledgers;
(5) Other conditions stipulated by laws and regulations.
Where pesticides are classified as dangerous chemicals, they shall handle the hazardous chemicals business licenses in accordance with relevant regulations.
Article 7 (Business License Application Materials)
When a pesticide business entity applies to the municipal or district/county administrative department of industry and commerce for obtaining a business license, the following materials shall be submitted:
(1) The certification materials that fall within the scope of the subject specified in the first paragraph of Article 18 of the Regulations on the Administration of Pesticides;
(2) Proof of the status of professional and technical personnel, pesticide sales, and storage facility settings issued by the district/county administrative department of agriculture;
(3) Other materials that should be submitted in accordance with the provisions of the laws and regulations concerning enterprise registration.
Article 8 (Issue of Certificate Materials)
The principal certification materials prescribed in Item (1) of Article 7 of these Provisions shall be issued or provided in accordance with the following provisions:
(1) The agricultural production materials business units that belong to the supply and marketing cooperatives shall be issued by the municipal department of commercial administration;
(2) It belongs to the plant protection station, the soil fertilizer station, and the agricultural technology popularization institution, and is issued by the municipal agricultural administrative department;
(3) It is issued by the municipal afforestation forestry administrative department if it belongs to a forestry technology promotion institution or a forest pest control institution;
(4) If it belongs to a pesticide production enterprise, provide the pesticide production qualification approval document and a copy of the business license;
(5) Other pesticide business entities that are subject to the provisions of the State Council shall be issued by the corresponding administrative department in charge.
For the staffing and facility establishment certification materials as prescribed in Item (2) of Article 7 of the present Provisions, the district/county administrative department of agriculture shall, within 10 workdays after accepting the application from the pesticide management unit, complete the on-site inspection and issue the certification materials. .
Article 9 (Support of Chain Operation)
This Municipality encourages the development of specialized pesticide chain operations. The city's agricultural administrative department, in conjunction with the municipal department of commerce administration, determines that the pesticide chain operation unit meets the requirements for unified procurement, unified distribution, unified labeling, unified pricing, unified service specification, etc., and can enjoy relevant supporting policies.
The specific measures for supporting pesticide chain operations shall be formulated by the municipal department of agriculture administration in conjunction with relevant departments.
Article 10 (Unified Distribution System)
The pesticides operated by the branches of the pesticide business unit shall be uniformly distributed by the pesticide business unit or the pesticide chain business unit to which the pesticide business unit is added. Branches must not purchase or sell pesticides on their own.
Article 11 (Inventory Inspection System)
The pesticide business unit shall establish and implement the following inspection system:
(1) Examining the business qualification of the supplier;
(2) Checking and keeping a copy of the pesticide registration certificate or temporary registration certificate for pesticides, and a copy of the pesticide production license or the pesticide production approval certificate;
(3) To verify the relevant contents of the label and instruction manual of the pesticide product in accordance with the provisions of the "Administrative Measures on the Labeling and Specification of Pesticides";
(4) Ask the supplier for a product quality certificate or inspection report in accordance with the production batch.
Article 12 (Safety Sales System)
The pesticide business unit shall set up a pesticide sales area and place the pesticides in the storage of counters for sale; pesticides that are not sold on the counter shall be stored in a special warehouse or warehouse area, and safety preservation measures such as isolation, separation and separation shall be taken in accordance with relevant regulations. Designate a custodian.
Pesticide management units must not operate foods, household products, and other commodities at the pesticide sales sites.
Article 13 (Tracing Sources System)
The pesticide business unit shall establish a pesticide management ledger to accurately record the pesticide purchase time, product name, specifications, quantity, supplier and contact information, as well as the delivery and sales time, product name, specifications, quantity, and so on.
The pesticide business entity shall issue invoices to the pesticide purchaser. In accordance with the provisions of the invoice management may not be issued invoices, but pesticide buyers require the provision of invoices or other sales credentials, pesticide business units should issue invoices or other sales credentials. The sales credentials should indicate the name, quantity, time of purchase, and the name of the pesticide business unit sold.
Article 14 (Of Sales Notification Obligations)
When a pesticide business unit sells pesticides, it shall, based on the product labels and instructions of the pesticides sold, truthfully explain the product use, methods of use, first-aid poisoning measures and precautions, etc., and shall not mislead the purchasers of pesticides.
Article 15 (Special Skills of Sales Staff)
Pesticide sales personnel should have basic knowledge of safe and rational use of pesticides, and be familiar with the basic content of labels and instructions for pesticides sold.
The pesticide business unit shall organize pesticide sales personnel to conduct professional knowledge training on pesticides and establish corresponding training files.
Article 16 (Requirements for the Operation of Highly Toxic Pesticides)
The pesticides labeled with high toxicities above the high toxicity (hereinafter referred to as highly toxic pesticides) shall be taken by the pesticide business unit and shall adopt the following sales management measures:
(1) Set up high-toxic pesticides to separate counters and set up clear warning signs on the counters;
(2) The salesperson shall be responsible for sales, and establish a special account for the management of highly toxic pesticides;
(3) require the purchaser to inform the use, produce proof of identity and truthfully record;
(4) The buyer is required to return the containers and packages after the use of highly toxic pesticides, and establish a recycling registration system.
Article 17 (Time for Keeping of Keeping Information)
The pesticide business unit should keep the following information for at least two years:
(1) The information on pesticide registration, product qualification inspection certificate or inspection report as prescribed in Article 11;
(2) The pesticide operating ledger as prescribed in the first paragraph of Article 13;
(3) The exclusive accounting account for highly toxic pesticides as prescribed in Article 16.
Chapter III Use of Pesticides
Article 18 (Safekeeping)
Users of pesticides should properly keep pesticides and prevent misuse and misuse.
Agricultural product production enterprises and farmers' professional cooperatives shall appoint pesticide managers and establish safe custodial systems for the purchase of pesticides and the use of ledger registration.
Article 19 (safety medication)
Users of pesticides should choose drugs that are far away from the drinking water source protection zone and the safe location of the residents' living quarters. Do not increase the drug concentration arbitrarily according to the product labeling and instructions for dispensing doses.
Pesticide users should take precautionary measures to avoid pesticide poisoning or contamination, apply pesticides in accordance with the product's label, instructions, instructions, instructions, safety intervals, and precautions. Do not arbitrarily expand the scope of use and increase the frequency of application.
Article 20 (Safety After Use)
Users of pesticides should properly handle the remaining pesticides, pesticide application equipment, and containers and packages containing pesticides, and must not dump pesticides or clean the spraying equipment in areas such as rivers, lakes, reservoirs, fish ponds, and drinking water source protection areas. Discard containers and packages containing pesticides.
Article 21 (Pesticide Use Record)
The agricultural economic organization shall truthfully record the name, source, usage, usage, and date of use of pesticides during the cultivation of crops.
Records of pesticide use should be kept for more than two years.
Article 22 (Disabled Situations)
It is forbidden to use pesticides** fish, shrimp, birds, beasts and other animals.
Highly toxic pesticides shall not be used for the prevention and control of sanitary pests and shall not be used for crops such as vegetables, fruits, tea, and Chinese herbal medicines, and water conservation forests.
Article 23 (Guidance, Service)
The municipal, district and county agricultural and greening forestry administrative departments and their affiliated plant protection agencies shall make predictions of plant major diseases, insects, grasses and rodents, and related integrated prevention and control work. They shall carry out diagnosis and treatment of plant diseases and insect pests for agricultural services, and pass free training. , Publicity materials distribution, online information release, telephone consultation, etc. provide farmers with safe and rational use of pesticide-related information.
Article 24 (Encourage, support)
Encourage farmers' professional cooperatives and agricultural social service organizations to provide farmers with plant protection services such as uniform drug use.
The municipal and district/county people's governments may adopt methods such as purchasing services to support farmers' professional cooperatives and agricultural social service organizations in participating in the prevention and control of major sudden and epidemic plant diseases, insects, grasses and rodents.
Article 25 (rotation, substitution, and first-time promotion of use of pesticides)
The municipal administrative department of agriculture shall organize the investigation and evaluation of the effects of the use of pesticides, the resistance of crops, etc., and do a good job in the rotation and replacement of pesticides.
If a new pesticide species is first promoted for use in this Municipality, the agricultural and forestry technology extension agencies should do a good job in field trials and demonstration work, and timely release relevant information on the suitability of the new pesticide species in this Municipality.
Chapter IV Other provisions
Article 26 (Supervision and Management of Pesticides Management)
The municipal department of agricultural administration shall inspect the quality of pesticides and the quality of operating services of the pesticide business units, and establish credit files of the pesticide business units.
City and district/county administrative departments for agriculture and industry and commerce, quality and technical supervision, environmental protection and other departments shall establish a notification system for the supervision and management of pesticides.
Article 27 (Pesticide Sales Personnel Management)
The municipal administrative department of agriculture shall organize the training and assessment of the relevant pesticide laws and professional basic knowledge on pesticide sales personnel, and establish the professional skills management files for pesticide sales personnel.
Article 28 (Promotion of Safe and Efficient Pesticides)
The municipal administrative department of agriculture shall, in accordance with the requirements for the prevention and control of plant diseases, insects, grass and rodents, and the requirements for safeguarding the quality and safety of agricultural products, determine the list of varieties of safe and efficient pesticides suitable for use in this Municipality, and do a good job of organization and promotion.
The safe and efficient new-type pesticides promoted by this Municipality will be subsidized by farmers and agricultural economic organizations that use pesticides. The categories of pesticides that are subject to subsidy in the year shall be determined through expert appraisal, evaluation, and other procedures and shall be announced in a timely manner. The pesticide production enterprises that supply subsidized varieties shall be determined by the municipal agricultural administrative department to conduct public bidding.
The pesticides subject to subsidy shall be operated by pesticide operating units with a relatively wide distribution network and equipped with corresponding sales facilities. The list of business units subsidizing pesticides shall be determined and announced by the municipal agricultural administrative department according to the operating conditions of the pesticide operating units.
Article 29 (Monitoring Agricultural Pesticide Residues)
Agricultural product production bases such as large-scale planting farms, vegetable horticulture farms, facility vegetable plots, agricultural standardization demonstration areas (farms), and farmer professional cooperatives in this Municipality shall conduct pesticide self-inspection before harvesting and marketing.
The municipal and district/county administrative departments for agriculture shall, in accordance with the relevant regulations, do a good job of monitoring the pesticide residue before the crops are harvested and listed on the market, include the pesticide residues in the agricultural production bases into the key monitoring scope, and carry out pesticide residues on the crops produced by the farmers. Sampling. The pesticide residue monitoring results are announced in accordance with the relevant regulations of the country.
Article 30 (Treatment of excessive pesticide residues in crops)
Crops with excessive pesticide residues may not be harvested and marketed. If the pesticides that have been detected and found before the market are found to exceed the standard for pesticide residues, they shall be re-inspected after the prescribed safety interval, and they may be marketed after the re-inspection is passed. However, crops that have been found to contain illegal pesticide ingredients after testing shall be in accordance with the national standards. The regulations are to be destroyed.
According to the situation of excessive pesticide residues found on the monitoring, the municipal, district, and county agricultural administration departments shall follow up the audit in a timely manner. The monitoring found that crops contain illegal pesticide ingredients and should trace the source of illegal pesticides.
Article 31 (Recycling and Disposal of Pesticide Packaging Wastes)
This Municipality implements paid recovery and centralized disposal of containers and packages containing pesticides. The specific methods for recovery and disposal shall be formulated by the municipal department of agriculture administration in conjunction with the municipal finance and other relevant departments.
Article 32 (Pesticide Storage System)
The city reserves pesticides for prevention, control, and culling based on predictions of major plant diseases, insects, grasses and rodents.
The specific types and quantities of pesticides reserves shall be proposed by the municipal department of agriculture administration in conjunction with relevant departments, jointly reviewed by the municipal development and reform department, the municipal department of agriculture administration, the municipal department of commercial administration, and the municipal finance department, and shall be incorporated into the city in accordance with the prescribed procedures. Important commodity reserve system. The pesticides included in the municipal-level important commodity reserve system shall be subject to daily supervision, allocation and emergency distribution in accordance with relevant regulations.
Article 33 (Prohibition of Employment)
The supervisory department and its staff used for the operation of pesticides shall not engage in or participate in pesticide business activities.
Chapter V Legal Liability
Article 34 (Handling of pesticide operating conditions)
Where a pesticide business entity and its branches do not meet the relevant conditions of Article 6 of the present Provisions, the department that issues the relevant certification materials shall order it to make corrections within a specified time. If the overdue period is not corrected, the relevant department shall withdraw the corresponding certification materials and notify the city. The administrative department for industry and commerce and the administrative department for industry and commerce of the city shall, after receiving the letter of correspondence, order the pesticide business unit to handle the registration of the relevant changes or cancel the registration procedure. If it fails to do so after the deadline, the business license shall be revoked according to law.
Article 35 (Penalties for Violating the Unified Distribution Regulations of Pesticides)
In violation of the provisions of Article 10 of the present Regulations, if a pesticide operating entity fails to implement unified distribution of pesticides to branch offices, the municipal or district/county agricultural administrative department shall order it to make corrections within a time limit; if it refuses to make corrections within the time limit, it shall be fined not less than 3,000 yuan but not more than 30,000 yuan. . If a branch of a pesticide business entity violates regulations and purchases pesticides on its own behalf, the municipal or district/county administrative department of agriculture shall order it to make correction within a time limit; if it fails to correct it within the prescribed time limit, it shall be fined not less than 500 yuan but not more than 5,000 yuan.
Article 36 (Punishment of Infringement of Pesticides Inspection Regulations)
In violation of the provisions of Article 11 of the present Regulations, if the pesticide operation unit fails to implement the inspection system for purchase, the municipal or district/county administrative department of agriculture or the administrative department for industry and commerce shall order it to make corrections within a time limit. If the pesticide is not corrected after the due date, it shall be imposed on more than 500 yuan but less than 5,000 yuan. Fines; if the circumstances are serious, a fine of 5,000 yuan up to 50,000 yuan shall be imposed.
Article 37 (Punishment of Violation of Pesticide Safety Sales Regulations)
In violation of the provisions of Article 12 of the present Regulations, if the pesticide business unit fails to meet the requirements for sales safety management, the municipal or district or county agricultural administrative department or the administrative department for industry and commerce shall order it to make corrections within a time limit. If the business entity fails to make corrections within the time limit, it shall be imposed on more than 500 yuan and 5,000 yuan. The following fines; if the circumstances are serious, a fine of 5,000 yuan up to 50,000 yuan shall be imposed.
Article 38 (Penalties for Violating the Regulations on the Administration of Traceability of Pesticides)
In case of violation of the first paragraph of Article 13 of the present Regulations, if the pesticide operating unit fails to establish or implement a management system for pesticide account management, the municipal or district/county administrative department of agriculture or the administrative department for industry and commerce shall order it to make corrections within a time limit. The fine shall be imposed on a fine of not less than 500 yuan but not more than 5,000 yuan; if the circumstances are serious, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed.
In violation of the second paragraph of Article 13 of the present Regulations, if a pesticide business entity fails to issue an invoice in accordance with the relevant provisions on invoice management, the taxation department shall handle it in accordance with the law; if it fails to issue sales vouchers to the pesticide purchaser, the agricultural administrative department shall order corrections. Anyone who fails to correct within the prescribed time limit shall be fined between RMB 500 and RMB 5,000.
Article 39 (penalties for misleading pesticide users)
In violation of the provisions of Article 14 of these Regulations, if a pesticide business unit misleads a user of pesticides and causes a phytotoxicity or poisoning accident, the municipal or district/county administrative department of agriculture shall impose a fine of 5,000 to 50,000 yuan.
Article 40 (Penalties for Selling Highly Toxic Pesticides Failing to Take Related Measures)
In violation of the provisions of Article 16 of these Provisions, if no management measures are taken for the sale of highly toxic pesticides, the municipal or district/county administrative department of agriculture shall, in accordance with law, order corrections and impose a fine ranging from RMB 500 to RMB 5,000; if the circumstances are serious, the A fine of 5,000 yuan up to 50,000 yuan.
Article 41 (Penalties for Violating the Safe Use of Pesticides)
Violations of the provisions on the safe use of pesticides in Articles 18, 19, and 20 of these Regulations that result in hazardous consequences shall be given by the municipal or district/county agricultural administrative department, and may be combined with 1,000 yuan or more and 10,000 yuan. The following fines, which cause serious harm consequences, shall be fined not less than 10,000 yuan but not more than 30,000 yuan.
Article 42 (Penalty for the listing of excessive agricultural pesticide residue)
In violation of the provisions of the first paragraph of Article 30 of these Provisions, crops that have exceeded the standard for pesticide residue are subject to punishment in accordance with relevant laws and regulations.
Article 43 (Civil and Criminal Liability for Illegal Operation and Use of Pesticides)
Where illegal operations or use of pesticides cause human or animal casualties or other economic losses, the pesticide business operators and users shall compensate the victims for their economic losses in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 44 (Investigation of Law Enforcement Officials' Illegal Liability)
If a pesticide management staff member abuses his power, neglects his duties, engages in irregularities, makes bribes and accepts bribes and constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law; if he or she does not constitute a crime, he shall be given administrative sanctions.
Chapter VI Supplementary Provisions
Article 45 (Exceptions)
Departments, supermarkets, and other units do not apply this regulation to households that use insecticides for the control of sanitary pests and clothing pests.
Article 46 (Execution time)
This regulation shall come into force on June 1, 2009. The 17th order of the Shanghai Municipal People's Government was issued on November 7, 1995, and was reissued after the amendments were made to the Decree No. 54 of the Shanghai Municipal People's Government on December 19, 1997 and the Decree No. 28 of the Shanghai Municipal People's Government on June 24, 2004. The "Administrative Regulations on the Use of Pesticides in Shanghai Municipality" was also repealed.