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Provisions Of Shanghai Municipality For Administration Of Pesticide Use In The Operation Of

Original Language Title: 上海市农药经营使用管理规定

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Regulation on the operation of pesticides in the sea

(The 40th ordinary meeting of the Government of the Shanghai City, 13 April 2009, considered the adoption of Decree No. 13 of 17 April 2009 by the Government of the Shanghai City, which came into force on 1 June 2009)

Chapter I General

Article 1

In order to regulate the operation, use of pesticides, preserve the legitimate rights and interests of farmers and pesticide operators, guarantee the quality of agricultural products and human livestock safety, protect the production and ecological environment of agro-industries, develop this provision in line with the pesticide management regulations and other relevant laws, regulations and regulations.

Article 2

This provision applies to the operation, use and related management activities of pesticides within the city's administration.

Article 3

The municipal agricultural administration is responsible for the operation and management of pesticides in this city. Regional, district and district agricultural administrations are specifically responsible for the management of pesticides operating and used in this administrative area.

The relevant sectors such as business, quality technic, security regulation, green forestry, business and environmental conservation are governed by their respective responsibilities by the relevant pesticides.

Article IV

The municipalities and districts, and the district agricultural administration should establish telephones, boxes to receive public reports of actions such as the operation of prohibited pesticides or the false use of insecticides and the use of pesticides in violation of the law.

The municipal and district sectors of agricultural administration should be treated in a timely manner, in investigation and in accordance with the law and in conservative secrets for reportingers. It is true that the receiving sector should give incentives.

Article 5

To encourage industry organizations involved in the operation of pesticide services to provide operational guidance and services to their members and to play an industrial self-regulatory role in the development of industrial service norms, the regulation of membership.

Chapter II

Article 6

The pesticide operators and their branches should be in accordance with the following conditions:

(i) The scope of the subject set out in article 18, paragraph 1, of the pesticide management regulations;

(ii) A professional technical technic in relation to the production of pesticides that are adapted to the scale of the pesticides, with at least one of the branches of the pesticide operators having a technical title certificate or a professional skills certificate for obtaining the primary pesticide;

(iii) Safeguarding facilities such as pesticide sales, warehousing facilities that are adapted to their operating pesticides, in accordance with the requirements of the relevant laws, regulations and mandatory standards, and in isolation from the living area;

(iv) Operational management systems that are adapted to the pesticides operated by them, including the harmonization of delivery, import inspection, security sales, operating vouchers;

(v) Other conditions under the law, regulations.

The pesticides operated are hazardous chemicals and should be processed in accordance with the relevant provisions.

Article 7

The following materials should be submitted to the following pesticides operating units for a licence of business to the municipality or the district, and the district and business administration sectors:

(i) Evidence material that falls within the scope of the subject set out in Article 18, paragraph 1, of the pesticide management regulations;

(ii) Evidence material on the availability of professional technicians from the district, the district agricultural administration sector, the sale of pesticides and the installation of storage facilities;

(iii) Other material to be submitted, in accordance with the provisions of law, legislation relating to the registration of enterprises.

Article 8

The subject matter under article 7, paragraph (i), of this Article proves that the material is made or provided in accordance with the following provisions:

(i) The agricultural production information operating unit for the marketing of cooperatives, which is provided by the municipal commercial administration;

(ii) Be belonging to plant protection stations, soil fertility plants, agricultural technology extension agencies, and are provided by the urban agricultural administration;

(iii) The forest technology extension body, the forest pest control agency, which is provided by the municipal green forestry administration;

(iv) A pesticide production enterprise that provides an authorization instrument for pesticide production and a copy of a business licence;

(v) Other pesticides operating units under the Department of State are provided by the appropriate administrative authorities.

The staffing requirements under Article 7, subparagraph (ii), of this Article, and the establishment of identification materials for facilities, shall be completed within 10 working days of the receipt of the application of the pesticide business unit for verification and documentation.

Article 9

The city encourages the development of specialized pesticides to operate. The municipal agricultural administration, in conjunction with the municipal commercial administration, has found that the pesticide locking units are in line with the requirements of uniform procurement, uniform distribution, uniform marking, uniform pricing, uniform service regulation, and the relevant enabling policy.

Specific approaches to enabling pesticides to operate are developed by the municipal agricultural administration.

Article 10

The pesticides operated by the pesticide operator's branch shall be coordinated by the pesticide operator's operating unit or by the pesticide operators. The branches shall not procure and distribute pesticides on their own.

Article 11

The pesticide operation should establish and implement the following entry inspection system:

(i) The operation of the licensee;

(ii) Accreditation of certified pesticide registrations or a copy of the provisional register of pesticides, as well as a copy of the pesticide production licence or approval of pesticide production certificates;

(iii) Identifying the labelling of pesticide products and the relevant contents of the Notes, in accordance with the provisions of the pesticide labelling and note management approach;

(iv) Providers with qualified certificates or testing reports for the quality of the products produced.

Article 12 (Security sales regime)

The pesticide operation should establish a special area for the sale of pesticides and place pesticides on the sale of a specific counter; pesticides that are not sold should be placed in a dedicated warehouse or in the storage of the exclusive area of the warehouse, in accordance with the relevant provisions, in order to separate, dislocate and secedes such as separation and separation, and to designate the custodian.

The pesticide operators shall not operate commodities such as food, living supplies in pesticide sales sites.

Article 13

The pesticide operators should establish pesticides operators, such as the actual recording of the time of entry, product name, specifications, quantity, suppliers and their means of communication, as well as the distribution, sale of time, product name, specifications, quantity, etc.

The pesticide operators should send invoices to pesticide buyers. In accordance with the invoice management provisions may not be invoices, but the pesticide purchaser requests invoices or other sales vouchers, the pesticide operator shall open invoices or other sales vouchers. The sales vouch should indicate the name, quantity, time for buying and the name of the pesticide operator.

Article 14.

When pesticides are sold by pesticides operating units, the pesticide purchaser shall not be misleading, in accordance with the product labels of the sold pesticides, the statements, such as the use of the products, methods of use, poison first aid measures and concerns.

Article 15

Pesticide salesrs should have basic knowledge of the safety and reasonable use of pesticides, familiar with the labelling of the sold pesticides and the basic content of the Notes.

The pesticide operators should organize the training of pesticide sales personnel to develop the corresponding training files.

Article 16

The pesticide operation shall take the following marketing measures:

(i) The establishment of high-level pesticides to be stored in a specific counter and to establish a clear warning marking on a specific counter;

(ii) The exclusive responsibility for sales and the establishment of a dedicated hiding for the operation of high-toxic pesticides;

(iii) To request the buyer to communicate the use, present identification certificates and, if so, record;

(iv) The purchaser is required to return to the container, packaging material and to establish a recovery registration system.

Article 17

The following information shall be available for the operation of pesticides at least two years:

(i) Information on the registration of pesticides, the identification of products or the inspection of reports, as provided for in Article 11.

(ii) The pesticide operator's operation under article 13, paragraph 1;

(iii) A special account for high-toxic pesticides operating under article 16.

Chapter III Use of pesticides

Article 18 (Security)

Pesticide users should keep pesticides in good custody and prevent abuse.

Agricultural production enterprises and farmers' professional cooperatives should designate pesticide administrators to establish a safe custody system such as pesticide acquisitions, and the registration of royalties.

Article 19

The users of pesticides should opt for pharmacies away from the water source protected area and the safe place of the resident living area, and should not arbitrarily increase the use of pharmacies in accordance with product labels, descriptions.

Pesticide users should take preventive measures to avoid poisoning or contamination of pesticides, use of pesticides in accordance with product labels, descriptions, methods of use, safe intervals and concerns, without any intention to expand the scope of use and increase drug frequency.

Article 20

Pesticide users should properly deal with remaining pesticides, pharmacies, and containers containing pesticides, and should not dumping the remaining pesticides in regions such as rivers, lakes, water banks, fishponds and potable water source protected areas or laundering of pharmacies, and no containers and packagings of pesticides with the intent to destroy them.

Article 21

In the course of crop cultivation, agricultural economic organizations should document the name, source, use, use and use of pesticides, the date of suspension.

The pesticide use record should be kept for more than two years.

Article 22

The use of pesticide poisons, lobsters, birds and veterinals is prohibited.

High-level pesticides shall not be used for the prevention of hygienic pests and shall not be used for crop crops such as vegetables, legs, tea, and babies, and water feeding.

Article 23

Urban and district, zonal agriculture, green forestry administration and their vegetation agencies should be equipped with major plants, pests, herals, rats forecasts and related integrated prevention efforts to carry out plant and pests for agricultural services and to provide safe and reasonable use of pesticide information to farmers through free training, dissemination of information, online information dissemination, counselling, etc.

Article 24 (Promoting, supporting)

Farmers' professional cooperatives, agricultural socialization services organizations are encouraged to provide uniform nutrient services for farmers.

The municipalities and territories, and the people's governments can use purchase services to support the participation of farmers' professional cooperatives, agro-socialization services in the prevention of major emergencies, endemic plants, pests, rats, rats and humiliation.

Article 25

The municipal agricultural administration should organize research, evaluation activities in such areas as pesticide use, crop resistance, and rotating and replacing related work.

For the first time in this city, agricultural, forestry technology extension agencies should be able to test, demonstrate work and, where appropriate, publish information on the adaptation of new pesticides in the current market area.

Other provisions of chapter IV

Article 26

The municipal agricultural administration should conduct a review of the quality of pesticides operating units and the quality of operating services, and the establishment of an insecticide-treated business unit.

The management information system for pesticide operations should be established between the municipal and district sectors, the district agricultural administration sector and the sectors of business, quality technics and environmental protection.

Article 27 (Management of pesticides)

The municipal agricultural administration should train pesticide sales agents in the relevant legal provisions and in the professional basic knowledge of the pesticides and establish a professional skills management file for pesticide salesrs.

Article 28 (Security and Emission of Effective Pesticides)

The city's agricultural administration should identify safety, efficient pesticides and organize outreach efforts in accordance with the requirements for plant and phytosanitary, pest, heralth control and quality safety.

The city promotes the use of safe and efficient new types of pesticides and subsidies for farmers and agricultural economic organizations using pesticides. The annual subscription of agricultural medicines should be determined and made available in a timely manner through expert evidence, evaluation, etc.; the production of pesticides for the supply of subsidies should be determined by public solicitation tenders organized by the urban agricultural administration.

Subsidised pesticides are operated by pesticides operating units that are widely distributed and equipped with the corresponding marketing facility, and the list of operating units that subsidize pesticides is determined and published by the municipal agricultural administration in accordance with the operational conditions of the pesticide operating unit.

Article 29

The production base for agricultural products, such as plantations, vegetable gardens, facilities gardens, agricultural standardization model zones (grounds) and small farmers' professional cooperatives, should be traced to their production.

In accordance with the relevant provisions, the municipal and district sectors of agricultural administration should monitor pre-market pesticide residues for agricultural crop harvesting and include crop residues for agricultural production bases in the focus monitoring area and allow for pesticide residues for agricultural crops produced by farmers. The results of the monitoring of pesticide residues are published in accordance with the relevant national provisions.

Article 33 (Multiation of supermarks for crop pesticide residues)

Crops with pesticide residues may not be harvested. The pre-prime crop was detected by the pre-marketed crop, which should be reviewed after the prescribed safe spacing period and be reviewed by the eligible party to be admitted to the market, but it should be destroyed in accordance with national provisions.

In accordance with the monitoring of the detection of the excess of pesticide residues, the urban and district and district agricultural administrations should be tracked in a timely manner. Monitoring of the discovery of crop containing prohibited pesticides should trace the sources of prohibited pesticides.

Article 31

Reliable recovery and centralized disposal of containers and packagings containing pesticides in this city. Specific recovery and disposal options are developed by the municipal agricultural administration sector with the relevant sectors such as the city's finance.

Article 32 (BAU)

The city is reserve for the prevention, control and suppression of pesticides based on the prediction of major plants, pests, herals and rats.

Specific varieties and quantities of pesticide reserves are presented by the municipal agricultural administration sector in conjunction with the relevant sectors, and the urban development reform sector, together with the urban agricultural administration, the municipal business administration and the municipal financial sector, are reviewed in accordance with the required procedures to incorporate the market-level critical commodity reserve system. Pesticides included in key commodity reserve systems at the municipal level should be delivered on a daily basis, in accordance with the relevant provisions.

Article 33 (Legal prohibition)

The regulatory sector and its staff operating pesticides shall not engage or participate in the operation of pesticides.

Chapter V Legal responsibility

Article 34

The pesticide operation and its branches are not in accordance with the relevant conditions set out in article 6, paragraph 1, and the sector where the relevant certificate of material is to be responsible for changing the period of time, unprocessarily, withdrawing the corresponding material from the relevant sectors and communicating to the industrial and commercial administration sector, and the municipal business administration should be responsible for the operation of the pesticide's units to conduct registration or write-off procedures, and for the release of their licences by law.

Article XV (Contrajecting the penalties prescribed for the uniform distribution of pesticides)

In violation of article 10 of the present article, the pesticide operation unit was sent to the branch for unimplementation of pesticides by means of a reduction in the period of time by the municipal or district, and the district agricultural administration; the late refusal to change was fined by more than 3,000 dollars. The subsidiaries of the pesticides operating units are in breach of their own procurement or the marketing of pesticides, which is being converted by the municipal or district, the district agricultural administration sector, and are fined by more than 500 ktonnes.

Article 36 (Currence in violation of the pesticide entry tests)

In violation of article 11 of this provision, the pesticide operation does not implement the inspection system, which is being modified by the time limit of the imposition of an order in the city or district, the district agricultural administration or the business administration sector, which is later uncorrected, with a fine of up to $50 million; in the event of a severe fine of up to 50 million dollars.

Article 37 (Criminal penalties for the safe sale of pesticides)

In violation of Article 12 of the present Article, pesticides operating units are not in accordance with the requirements for the sale of security management, which is being converted by the deadline of imprisonment for urban or district, district agricultural administration or business administration, and are fined by more than 5,000 dollars, in exceptional circumstances, by a fine of more than 50 million dollars.

Article 338 (Criminal penalties for the sale of retroactive sources of pesticides)

In violation of article 13, paragraph 1, of the present article, the pesticide operation does not establish or implement the pesticide management system, which is modified by the time limit of charging from the city or district, the district agricultural administration or the business administration sector, which is not later altered by a fine of more than 5,000 dollars; in exceptional circumstances, the fine of more than 50 million dollars.

In violation of article 13, paragraph 2, of this provision, the pesticide operation unit has not managed invoices in accordance with the relevant invoices, which is governed by the law of the tax sector; the sales voucher has not been required for the purchaser of the pesticides, which is being converted by the agricultural administration sector, with a delay of over $50 million.

Article 39 (Option of pesticide users)

In violation of Article 14 of the present Article, pesticide operators misleading pesticide users and causing pharmacies or poisoning accidents, with a fine of up to 50 million dollars in the urban or district, district agricultural administration.

Article 40 (Criminal penalties for the sale of high-toxic pesticides)

In violation of article 16 of the present article, the sale of high-toxic pesticides has not been carried out with respect to management measures, which are being modified by law by the urban or district, the district agricultural administration sector, with a fine of more than 5,000 dollars; in exceptional circumstances, a fine of up to 5,000 yen.

Article 40

In violation of the provisions of Articles 18, 19, 20 relating to the safe use of pesticides, resulting in the consequences of the harm, being warned by the urban or district, the district agricultural administration, which could be fined by more than 1,000 dollars, causing serious harm to the consequences, with a fine of up to $30,000.

Article 42

In violation of article 31, paragraph 1, of the present article, the seizure of pesticides by agricultural crops with supermarks is punishable under the relevant laws, regulations.

Article 43

In violation of the law, the use of pesticides, resulting in loss of human life or other economic losses, the operation of pesticides, the user should compensate the victims' economic losses in accordance with the law, which constitutes an offence and hold criminal responsibility under the law.

Article 44 (Criminal accountability of law enforcement officials)

Pesticide management staff abuse their duties, play negligence, provocative fraud, bribes are criminalized by law, and are not criminalized by law and are subject to administrative disposition by law.

Annex VI

Article 42 (exceptions)

This provision is not applicable to the operation of household pesticides using hygienic pests and clothing, etc. units such as 100 stores, supermarkets.

Article 46

This provision has been implemented effective 1 June 2009. The Ordinance No. 17 of the Shanghai People's Government of 7 November 1995 was issued and was repealed in accordance with Order No. 54 of 19 December 1997 of the Government of the Shanghai Municipalities, as amended by Order No. 28 of 24 June 2004 of the Shanghai People's Government.