Regulations on Pesticides Administration

(2022 Second Revision)

Issued by Decree No. 216 of the State Council of the People’s Republic of China on May 8, 1997;

First amended in accordance with the Decision of the State Council on Amending the Regulations on Administration of Pesticides dated November 29, 2001;

Revised and adopted at the 164th Executive Meeting of the State Council on February 8, 2017;

Secondly amended in accordance with the Decision of the State Council on Amending and Repealing Certain Administrative Regulations dated March 29, 2022.

Chapter I General Provisions

Article 1

These Regulations are formulated for the purposes of strengthening the administration of pesticides, ensuring pesticide quality, safeguarding the quality and safety of agricultural products and the safety of humans and animals, and protecting agricultural and forestry production and the ecological environment.

Article 2

The term “pesticide” as used in these Regulations refers to a substance,  or a mixture of substances whether chemically synthesized or derived from biological or other natural sources, used for preventing or controlling diseases, pests, weeds, rodents and other harmful organisms endangering agriculture and forestry, as well as for purposefully regulating the growth of plants and insects, including their formulations.

Pesticides referred to in the preceding paragraph include those used for the following purposes and scenarioses:

(1) Preventing or controlling diseases, pests (including insects, ticks and mites), weeds, rodents, mollusks and other harmful organisms endangering agriculture and forestry;

(2) Preventing or controlling diseases, pests, rodents and other harmful organisms in warehouses and processing sites;

(3) Regulating the growth of plants and insects;

(4) Preserving or keeping fresh agricultural and forestry products;

(5) Preventing or controlling mosquitoes, flies, cockroaches, rodents and other harmful organisms;

(6) Preventing or controlling harmful organisms threatening river dikes, railways, ports, airports, buildings and other facilities.

Article 3

The competent agricultural department under the State Council shall be responsible for the supervision and administration of pesticides nationwide.

The agricultural administrative departments of local people’s governments at or above the county level shall be responsible for the supervision and administration of pesticides within their respective administrative regions.

Other relevant departments of people’s governments at or above the county level shall be responsible for pesticide supervision and administration within their respective functions and duties.

Article 4

Local people’s governments at or above the county level shall strengthen organization and leadership over pesticide supervision and administration, include funds for pesticide supervision and administration in their respective government budgets, and ensure the performance of pesticide supervision and administration.

Article 5

Pesticide manufacturers and pesticide operators shall be responsible for the safety and efficacy of the pesticides they produce and operate, and shall voluntarily accept government supervision and public oversight.

Pesticide manufacturers and operators shall strengthen industry self‑regulation and standardize production and business operations.

Article 6

The State encourages and supports the research, development, production and use of safe, efficient and cost‑effective pesticides, promotes professional pesticide application, and facilitates the upgrading of the pesticide industry.

Entities and individuals that have made outstanding contributions to the research, development, promotion, supervision and administration of pesticides shall be commended and rewarded in accordance with relevant provisions of the State.

Chapter II Pesticide Registration

Article 7

The State implements a pesticide registration system. Pesticide manufacturers and enterprises exporting pesticides to China shall apply for pesticide registration in accordance with the provisions of these Regulations. Developers of new pesticides may apply for pesticide registration in accordance with the provisions of these Regulations.

The pesticide control institution of the competent agricultural department of the State Council shall be responsible for the specific work of pesticide registration. Pesticide control institution under the agricultural administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall assist in carrying out the specific work of pesticide registration within their respective administrative regions.

Article 8

The competent agricultural department of the State Council shall organize the establishment of a Pesticide Registration Review Committee to be responsible for the review of pesticide registration applications.

The Pesticide Registration Review Committee shall be composed of the following members:

(1) Experts in pesticide product chemistry, efficacy, toxicology, residues, environment, quality standards and testing recommended by relevant departments of the State Council including agriculture, forestry, health, environmental protection, grain, industrial administration, work safety supervision and the All‑China Federation of Supply and Marketing Cooperatives;

(2) Relevant experts from the National Food Safety Risk Assessment Expert Committee;

(3) Representatives from relevant departments of the State Council including agriculture, forestry, health, environmental protection, grain, industrial administration, work safety supervision and the All‑China Federation of Supply and Marketing Cooperatives.

The rules for pesticide registration review shall be formulated by the competent agricultural department of the State Council.

Article 9

Registration studies shall be conducted for pesticide registration applications.

Pesticide registration studies shall be filed with the agricultural administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government where the trial is conducted.

Article 10

Registration studies shall be conducted by Pesticide registration test facilities recognized by the competent agricultural department of the State Council in accordance with the provisions of that department.

Pesticides with the same composition, uses and application methods as those already registered in China may be exempted from residue and environmental trials; however, if the already registered pesticide is within the data protection period prescribed in Article 15 of these Regulations, authorization from the holder of the pesticide registration certificate shall be obtained.

Registration test facilities shall be responsible for the authenticity of registration study reports.

Article 11

Upon completion of registration studies, applicants shall submit pesticide registration applications to the agricultural administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government where they are located, together with application materials including registration study reports, label samples, pesticide product  specification and corresponding testing methods. For new pesticide registration applications, Analytical standard shall also be submitted.

The agricultural administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall provide preliminary review  within 20 working days from the date of accepting the application and report them to the competent agricultural department of the State Council.

Enterprises exporting pesticides to China applying for pesticide registration shall submit the materials specified in the first paragraph of this Article, analytical standard and proof of registration and use in relevant countries (regions) to the competent agricultural department of the State Council.

Article 12

Upon accepting an application or application materials submitted by the agricultural administrative department of a province, autonomous region or municipality directly under the Central Government, the competent agricultural department of the State Council shall organize examination and registration evalsuation, and make a approval decision  within 20 working days from the date of receiving the evalsuation opinions. If the requirements are met, a Pesticide Registration Certificate shall be issued; if not, the applicant shall be notified in writing with reasons given.

Article 13

A Pesticide Registration Certificate shall specify the pesticide name, formulation type, active ingredient(s) and content(s), toxicity, scope of use, application method and dosage, certificate holder, registration certificate number and validity period.

The validity period of a Pesticide Registration Certificate is five years. Where it is necessary to continue producing pesticides or exporting pesticides to China upon expiration, the holder shall apply for renewal to the competent agricultural department of the State Council 90 days prior to the expiration date.

Where any information recorded in the Pesticide Registration Certificate is changed, the holder shall apply for amendment of the certificate in accordance with the provisions of the competent agricultural department of the State Council.

The competent agricultural department of the State Council shall promptly publicize information on the issuance, renewal and amendment of Pesticide Registration Certificates, as well as relevant pesticide product specification numbers, maximum residue limits, testing methods and approved labels.

Article 14

Developers of new pesticides may assign the registration data of newly registered pesticides they have obtained; pesticide manufacturers may transfer ownership of the registration data of registered pesticides to other pesticide manufacturers with corresponding production capacities.

Article 15

The State protects undisclosed trial data and other data owned by applicants for pesticides containing new compounds that are registered for the first time.

Within six years from the date of registration, where another applicant uses the data specified in the preceding paragraph to apply for pesticide registration without the consent of the registered applicant, the registration authority shall refuse registration; unless such applicant submits data obtained by itself.

The registration authority shall not disclose the data specified in the first paragraph of this Article except under the following circumstances:

(1) Where required for the public interest;

(2) Where measures have been taken to ensure that such information is not used for improper commercial purposes.

Chapter III Pesticide Production

Article 16

Pesticide production shall comply with national industrial policies. The State encourages and supports pesticide manufacturers in adopting advanced technologies and superior management practices to improve the safety and efficacy of pesticides.

Article 17

The State implements a pesticide production licensing system. Pesticide manufacturers that meet the following conditions shall apply for a Pesticide Production License to the agricultural administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government in accordance with the provisions of the competent agricultural department of the State Council:

(1) Having technical personnel commensurate with the pesticide production applied for;

(2) Having workshops and facilities commensurate with the pesticide production applied for;

(3) Having personnel, instruments and equipment for quality management and quality inspection of the pesticides applied for production;

(4) Having rules and systems to ensure the quality of the pesticides applied for production.

The agricultural administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall make an approval decision within 20 working days from the date of accepting the application, and conduct on‑site inspections when necessary. If the requirements are met, a Pesticide Production License shall be issued; if not, the applicant shall be notified in writing with reasons given.

Where laws and administrative regulations on work safety, environmental protection and other aspects impose additional requirements on production conditions of enterprises, pesticide manufacturers shall also comply with such provisions.

Article 18

A Pesticide Production License shall specify the name, address, legal representative (person‑in‑charge), production scope, production address and validity period of the pesticide manufacturer.

The validity period of a Pesticide Production License is five years. Where it is necessary to continue pesticide production upon expiration, the pesticide manufacturer shall apply for renewal to the agricultural administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government 90 days prior to the expiration date.

Where any information specified in the Pesticide Production License is changed, the pesticide manufacturer shall apply for amendment of the license in accordance with the provisions of the competent agricultural department of the State Council.

Article 19

For entrusted processing or repackaging of pesticides, the entrusting party shall hold the corresponding Pesticide Registration Certificate, and the entrusted party shall hold a Pesticide Production License.

The entrusting party shall be responsible for the quality of pesticides processed or repackaged on commission.

Article 20

When purchasing raw materials, pesticide manufacturers shall inspect product quality inspection certificates and relevant licensing documents, and shall not purchase or use raw materials that are not legally accompanied by product quality inspection certificates or have not obtained relevant licensing documents in accordance with the law.

Pesticide manufacturers shall establish a raw material procurement record system, which shall truthfully record the name of raw materials, relevant license document numbers, specifications, quantity, supplier names and contact information, and procurement dates. Raw material procurement records shall be retained for at least two years.

Article 21

Pesticide manufacturers shall strictly implement product specifications in production to ensure that pesticide products are consistent with registered pesticides. Pesticides leaving the factory for sale must pass quality inspection and be accompanied by a product quality inspection certificate.

Pesticide manufacturers shall establish a factory sales record system for pesticides, which shall truthfully record the name, specifications, quantity, production date and batch number of pesticides, quality inspection information, purchaser names and contact information, and sales dates. Factory sales records shall be retained for at least two years.

Article 22

Pesticide packaging shall comply with relevant provisions of the State and bear printed or affixed labels. The State encourages pesticide manufacturers to use recyclable packaging materials.

Pesticide labels shall be marked in Chinese in accordance with the provisions of the competent agricultural department of the State Council, including the pesticide name, formulation, active ingredient(s) and content(s), toxicity and its identification, scope of use, application method and dosage, technical requirements and precautions, production date, and traceable electronic information code.

Labels of restricted‑use pesticides including highly and extremely toxic pesticides and other pesticides with strict application technical requirements shall also be marked with the words “Restricted Use” and indicate specific restrictions and special application requirements. Labels of pesticides used on edible agricultural products shall additionally indicate the pre-harvest interval.

Article 23

Pesticide manufacturers shall not arbitrarily alter the approved label content of pesticides, nor mark false or misleading information on pesticide labels.

Where pesticide packaging is too small to contain all label information, an instruction manual shall be provided at the same time, and its content shall be consistent with the approved label information.

Chapter IV Pesticide Business Operation

Article 24

The State implements a pesticide business licensing system, excluding Public health uses of pesticides. Pesticide business operators that meet the following conditions shall apply for a Pesticide business License to the agricultural administrative department of the local people’s government at or above the county level in accordance with the provisions of the competent agricultural department of the State Council:

(1) Having business personnel with professional knowledge of pesticides and pest control, familiar with pesticide management regulations, and capable of guiding the safe and rational use of pesticides;

(2) Having business premises and storage facilities effectively isolated from other commodities, drinking water sources and residential areas, and equipped with protective facilities commensurate with the pesticides applied for operation;

(3) Having quality management systems, record‑keeping systems, safety protection measures, emergency response plans and warehouse management systems commensurate with the pesticides applied for operation.

Those engaged in the business of restricted‑use pesticides shall also have corresponding professional and technical personnel for application guidance and pest control, and implement fixed-point operations in accordance with the provisions of the agricultural administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government where they are located.

The agricultural administrative department of the local people’s government at or above the county level shall make an approval decision within 20 working days from the date of accepting the application. If the requirements are met, a Pesticide Business License shall be issued; if not, the applicant shall be notified in writing with reasons given.

Article 25

A Pesticide Business License shall specify the name, address, person‑in‑charge, business scope and validity period of the pesticide business operators.

The validity period of a Pesticide Business License is five years. Where it is necessary to continue pesticide operation upon expiration, the pesticide business operators shall apply for renewal to the licensing authority 90 days prior to the expiration date.

Where any information specified in the Pesticide Business License is changed, the pesticide business operators shall apply for amendment of the license in accordance with the provisions of the competent agricultural department of the State Council.

Pesticide business operators that have obtained a Pesticide Business License and establish branches shall apply for amendment of the license in accordance with the law and file a record with the agricultural administrative department of the local people’s government at or above the county level where the branch is located. Branches are exempt from obtaining a Pesticide Business License. Pesticide business operators shall be responsible for the business activities of their branches.

Article 26

When purchasing pesticides, pesticide business operators shall inspect product packaging, labels, quality inspection certificates and relevant licensing documents, and shall not purchase pesticides from manufacturers without a Pesticide Production License or from other business operators without a Pesticide Business License.

Pesticide business operators shall establish procurement ledgers to truthfully record the name of pesticides, relevant license document numbers, specifications, quantity, manufacturer and supplier names and contact information, and purchase dates. Procurement ledgers shall be retained for at least two years.

Article 27

Pesticide business operators shall establish sales ledgers to truthfully record the name, specifications, quantity, manufacturer, purchaser and sales date of pesticides sold. Sales ledgers shall be retained for at least two years.

Pesticide operators shall inquire about pest and disease occurrence from purchasers and scientifically recommend pesticides. When necessary, they shall conduct on‑site inspections of pest and disease conditions, accurately explain the scope of use, application method, dosage, technical requirements and precautions of pesticides, and shall not mislead purchasers.

The provisions of paragraphs 1 and 2 of this Article shall not apply to the business operators of Public health uses of pesticides.

Article 28

Pesticide business operators shall not process or repackage pesticides, add any substances to pesticides, or purchase or sell pesticides that do not comply with provisions in packaging or labeling, or are not accompanied by product quality inspection certificates or not obtained relevant licensing documents.

Public health uses of pesticides shall be sold separately from other commodities; other pesticides shall not be sold together with food, edible agricultural products, feed and other items in the same business premises.

Article 29

Overseas enterprises shall not directly sell pesticides in China. Overseas enterprises that intend to sell pesticides in China shall establish sales agencies in China in accordance with the law or entrust qualified Chinese agencies to sell pesticides on their behalf.

Pesticides exported to China shall be accompanied by Chinese labels and instructions, comply with product specifications, and pass inspection by entry‑exit inspection and quarantine authorities in accordance with the law. Import of pesticides without a Pesticide Registration Certificate is prohibited.

For customs declaration of pesticide import and export, relevant certification documents shall be presented in accordance with the provisions of the General Administration of Customs.

Chapter V Use of Pesticides

Article 30

Agricultural administrative departments of people’s governments at or above the county level shall strengthen guidance and services for pesticide use, establish and improve systems for safe and rational pesticide application, and promote scientific pesticide application technologies in accordance with the principles of prevention first and integrated pest management to regulate pesticide use. Forestry, grain and health departments shall provide technical guidance for the safe and rational use of pesticides in their respective fields, and environmental protection departments shall provide technical support for environmental protection and pollution prevention during pesticide application.

Article 31

The agricultural administrative department of the county‑level people’s government shall organize plant protection, agricultural technology extension and other institutions to provide free technical training for pesticide users to improve the level of safe and rational pesticide application.

The State encourages agricultural research institutions, relevant schools, farmers’ professional cooperatives, supply and marketing cooperatives, agricultural socialized service organizations and professionals to provide technical services for pesticide users.

Article 32

The State gradually reduces pesticide use through measures such as promoting biological control, physical control and advanced application equipment.

The county‑level people’s government shall formulate and implement a pesticide reduction plan within its administrative region, and encourage and support pesticide users that implement the pesticide reduction plan and voluntarily reduce pesticide application.

The agricultural administrative department of the county‑level people’s government shall encourage and support the establishment of specialized pest control service organizations, and provide guidance, regulation and management for specialized pest control and the preparation and application of restricted‑use pesticides to improve pest control levels.

The agricultural administrative department of the county‑level people’s government shall guide pesticide users to implement planned pesticide rotation to reduce resistance development in diseases, pests, weeds, rodents and other harmful organisms endangering agriculture and forestry.

People’s governments of townships and towns shall assist in pesticide use guidance and services.

Article 33

Pesticide users shall abide by the State’s provisions on the safe and rational use of pesticides, properly store pesticides, and take necessary protective measures during pesticide preparation and application to prevent pesticide accidents.

Business operators of restricted‑use pesticides shall provide application guidance for pesticide users and gradually provide unified application services.

Article 34

Pesticide users shall use pesticides strictly in accordance with the scope of use, application method, dosage, technical requirements and precautions indicated on the label, and shall not expand the scope of use, increase the dosage or change the application method.

Pesticide users shall not use prohibited pesticides.

Pesticides whose labels indicate a pre-harvest interval, use of pesticide shall cease before harvest of agricultural products in accordance with that interval.

Highly and extremely toxic pesticides shall not be used for controlling public‑health pests, applied to vegetables, fruits, tea, fungi and traditional Chinese medicinal materials, or used for controlling aquatic plant diseases and pests.

Article 35

Pesticide users shall protect the environment, beneficial organisms and rare species, and shall not discard pesticides, pesticide packaging or clean the pesticide application equipment in drinking water source protection areas or river channels.

It is strictly prohibited to use pesticides in drinking water source protection areas or use pesticides to poison fish, shrimp, birds or animals.

Article 36

Agricultural product producers, food and edible agricultural product storage enterprises, specialized pest control service organizations and farmers’ professional cooperatives engaged in agricultural production shall establish pesticide use records to truthfully record the time, place, target of pesticide application, as well as pesticide name, dosage and manufacturer. Pesticide use records shall be retained for at least two years.

The State encourages other pesticide users to establish pesticide use records.

Article 37

The State encourages pesticide users to properly collect pesticide packaging and other waste. Pesticide manufacturers and business operators shall recycle pesticide waste to prevent environmental pollution and pesticide poisoning accidents. Specific measures shall be formulated by the competent environmental protection department of the State Council jointly with the competent agricultural department, competent financial department and other relevant departments of the State Council.

Article 38

In the event of a pesticide accident, the pesticide user, pesticide manufacturer, pesticide business operator and other relevant persons shall immediately report to the local agricultural administrative department.

Upon receiving the report, the agricultural administrative department shall immediately take measures to control the accident and notify relevant departments to take corresponding measures. For pesticide poisoning accidents, agricultural administrative departments and public security organs shall organize investigations and handling in accordance with their respective duties and powers, and health departments shall immediately organize medical treatment for the injured in accordance with relevant provisions of the State. For environmental pollution accidents, environmental protection and other relevant departments shall organize investigations and handling in accordance with the law. For grain storage pesticide accidents or crop pesticide injury accidents, grain and agricultural administrative departments shall organize technical evalsuation and investigation and handling respectively.

Article 39

In case of emergencies such as the outbreak of major crop diseases and pests requiring urgent prevention and control, the competent agricultural department of the State Council may decide to temporarily produce or use a specified quantity of unregistered, prohibited or restricted pesticides. When necessary, it shall jointly decide with the competent foreign trade department of the State Council to temporarily restrict the export or import of a specified quantity and type of pesticides.

Pesticides specified in the preceding paragraph shall be used under the supervision and guidance of the agricultural administrative department of the county‑level people’s government where they are applied.

Chapter VI Supervision and Administration

Article 40

Agricultural administrative departments of people’s governments at or above the county level shall regularly conduct statistical surveys of pesticide production, business and use, and promptly notify relevant departments of the same‑level people’s government of the results.

Agricultural administrative departments of local people’s governments at or above the county level shall establish and publicize credit files for pesticide production and operation. Where illegal pesticide production or operation is suspected of constituting a crime, the case shall be transferred to public security organs for handling in accordance with the law.

Article 41

Agricultural administrative departments of people’s governments at or above the county level may take the following measures in accordance with the law when performing pesticide supervision and administration duties:

(1) Conduct on‑site inspections of pesticide production, operation and use sites;

(2) Conduct random inspections of pesticides in production, operation and use;

(3) Investigate relevant circumstances from relevant personnel;

(4) Consult and copy contracts, bills, account books and other relevant materials;

(5) Seal up and detain illegally produced, operated or used pesticides, as well as tools, equipment and raw materials used for illegal production, operation or use;

(6) Seal up sites engaged in illegal pesticide production, operation or use.

Article 42

The State implements a pesticide recall system. Where a pesticide manufacturer discovers that its pesticides pose serious hazards or significant risks to agriculture, forestry, human and animal health, agricultural product quality and safety or the ecological environment, it shall immediately cease production, notify relevant operators and users, report to the local agricultural administrative department, take the initiative to recall the products, and keep records of notifications and recalls.

Where a pesticide operator discovers that the pesticides it operates fall under the circumstances specified in the preceding paragraph, it shall immediately cease sales, notify relevant manufacturers, suppliers and purchasers, report to the local agricultural administrative department, and keep records of sales suspension and notifications.

Where a pesticide user discovers that the pesticides it uses fall under the circumstances specified in the first paragraph of this Article, it shall immediately cease use, notify the operator and report to the local agricultural administrative department.

Article 43

The competent agricultural department of the State Council and agricultural administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall organize pesticide control institutions and plant protection institutions to monitor the safety and efficacy of registered pesticides.

Where a registered pesticide is found to pose serious hazards or significant risks to agriculture, forestry, human and animal health, agricultural product quality and safety or the ecological environment, the competent agricultural department of the State Council shall organize the Pesticide Registration Review Committee for evalsuation, revoke or modify the corresponding Pesticide Registration Certificate based on the evalsuation results, and when necessary, make a decision to ban or restrict its use and announce it to the public.

Article 44

Any of the following shall be deemed as counterfeit pesticides:

(1) Non‑pesticides passing as pesticides;

(2) One type of pesticide passing as another type of pesticide;

(3) The active ingredients contained in a pesticide are inconsistent with those indicated on the label or instructions.

Prohibited pesticides, pesticides produced or imported without obtaining a Pesticide Registration Certificate in accordance with the law, and pesticides without proper labels shall be treated as counterfeit pesticides.

Article 45

Any of the following shall be deemed as inferior pesticides:

(1) Failure to meet pesticide product specifications;

(2) Containing harmful ingredients that may cause phytotoxicity.

Pesticides that have exceeded their quality guarantee period shall be treated as inferior pesticides.

Article 46

Counterfeit pesticides, inferior pesticides and recycled pesticide waste shall be centrally disposed of by entities qualified for hazardous waste operation, and the disposal costs shall be borne by the corresponding pesticide manufacturer or operator. Where the pesticide manufacturer or operator cannot be identified, the disposal costs shall be covered by the finance of the local county‑level people’s government.

Article 47

It is prohibited to forge, alter, transfer, lease or lend licensing documents such as Pesticide Registration Certificates, Pesticide Production Licenses and Pesticide Business Licenses.

Article 48

Agricultural administrative departments of people’s governments at or above the county level and their staff, as well as pesticide control institutions and their staff, shall not participate in pesticide production or Business activities.

Chapter VII Legal Liability

Article 49

Where agricultural administrative departments of people’s governments at or above the county level and their staff commit any of the following acts, the people’s government at the same level shall order them to make corrections; the responsible leaders and directly responsible persons shall be subject to sanctions in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law:

(1) Failing to perform supervision and administration duties, resulting in significant losses or adverse social impacts caused by illegal pesticide production and Business within their administrative region;

(2) Issuing licenses to applicants that do not meet the conditions or refusing to issue licenses to applicants that meet the conditions;

(3) Participating in pesticide production or business activities;

(4) Other acts of favoritism, abuse of power or dereliction of duty.

Article 50

Members of the Pesticide Registration Review Committee who seek improper benefits during pesticide registration review shall be dismissed from the committee by the competent agricultural department of the State Council. If they are state functionaries, they shall be subject to sanctions in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 51

Where registration test facilities issue false registration test reports, the agricultural administrative department of the province, autonomous region or municipality directly under the Central Government shall confiscate the illegal gains and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan. The competent agricultural department of the State Council shall remove the institution from the list of registration test facilities and shall not accept its application for recognition as a registration test facilities for five years. If a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 52

Entities that produce pesticides without a Pesticide Production License or produce counterfeit pesticides shall be ordered by the agricultural administrative department of the local people’s government at or above the county level to cease production, and their illegal gains, illegally produced products and tools, equipment and raw materials used for illegal production shall be confiscated. Where the value of illegally produced products is less than 10,000 yuan, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed concurrently; where the value is 10,000 yuan or more, a fine of not less than 10 times but not more than 20 times the value shall be imposed concurrently, and their Pesticide Production License and corresponding Pesticide Registration Certificate shall be revoked. If a crime is constituted, criminal liability shall be pursued in accordance with the law.

Pesticide manufacturers that have obtained a Pesticide Production License but no longer meet the prescribed conditions for continued pesticide production shall be ordered by the agricultural administrative department of the local people’s government at or above the county level to make corrections within a time limit. Where they refuse to make corrections upon expiration of the time limit or still fail to meet the conditions after corrections, their Pesticide Production License shall be revoked.

Entities that produce inferior pesticides shall be ordered by the agricultural administrative department of the local people’s government at or above the county level to cease production, and their illegal gains, illegally produced products and tools, equipment and raw materials used for illegal production shall be confiscated. Where the value of illegally produced products is less than 10,000 yuan, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed concurrently; where the value exceeds 10,000 yuan, a fine of not less than 5 times but not more than 10 times the value shall be imposed concurrently, and their Pesticide Production License and corresponding Pesticide Registration Certificate shall be revoked. If a crime is constituted, criminal liability shall be pursued in accordance with the law.

Where an entity entrusts an entity without a Pesticide Production License to process or repackage pesticides, or entrusts the processing or repackaging of counterfeit or inferior pesticides, both the entrusting party and the entrusted party shall be punished in accordance with the provisions of paragraphs 1 and 3 of this Article.

Article 53

Where a pesticide manufacturer commits any of the following acts, the agricultural administrative department of the local people’s government at or above the county level shall order it to make corrections, confiscate its illegal gains, illegally produced products and raw materials used for illegal production; where the value of illegally produced products is less than 10,000 yuan, a fine of not less than 10,000 yuan but not more than 20,000 yuan shall be imposed concurrently; where the value exceeds 10,000 yuan, a fine of not less than 2 times but not more than 5 times the value shall be imposed concurrently; where it refuses to make corrections or the circumstances are serious, its Pesticide Production License and corresponding Pesticide Registration Certificate shall be revoked:

(1) Purchasing or using raw materials that are not legally accompanied by product quality inspection certificates or have not obtained relevant licensing documents in accordance with the law;

(2) Selling pesticides that have not passed quality inspection and are not accompanied by product quality inspection certificates;

(3) Producing pesticide packaging, labels or instructions that do not comply with provisions;

(4) Failing to recall pesticides that shall be recalled in accordance with the law.

Article 54

Where a pesticide manufacturer fails to implement the raw material procurement and pesticide sales record‑keeping system or fails to fulfill the obligation of pesticide waste recycling, the agricultural administrative department of the local people’s government at or above the county level shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan. Where it refuses to make corrections or the circumstances are serious, its Pesticide Production License and corresponding Pesticide Registration Certificate shall be revoked.

Article 55

Where a pesticide business operator commits any of the following acts, the agricultural administrative department of the local people’s government at or above the county level shall order it to cease business operations, confiscate its illegal gains, illegally operated pesticides and tools and equipment used for illegal business operation; where the value of illegally operated pesticides is less than 10,000 yuan, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed concurrently; where the value is 10,000 yuan or more, a fine of not less than 5 times but not more than 10 times the value shall be imposed concurrently; if a crime is constituted, criminal liability shall be pursued in accordance with the law:

(1) Operating pesticides without obtaining a Pesticide Business License in violation of these Regulations;

(2) Operating counterfeit pesticides;

(3) Adding substances to pesticides.

For acts specified in items (2) and (3) of the preceding paragraph, where the circumstances are serious, its Pesticide Business License shall also be revoked.

Pesticide operators that have obtained a Pesticide Business License  no longer meet the prescribed conditions for continued pesticide business shall be ordered by the agricultural administrative department of the local people’s government at or above the county level to make corrections within a time limit. Where they refuse to make corrections upon expiration of the time limit or still fail to meet the conditions after corrections, their Pesticide Business License shall be revoked.

Article 56

Where a pesticide operator operates inferior pesticides, the agricultural administrative department of the local people’s government at or above the county level shall order it to cease business operations, confiscate its illegal gains, illegally operated pesticides and tools and equipment used for illegal business; where the value of illegally operated pesticides is less than 10,000 yuan, a fine of not less than 2,000 yuan but not more than 20,000 yuan shall be imposed concurrently; where the value is 10,000 yuan or more, a fine of not less than 2 times but not more than 5 times the value shall be imposed Business License shall be revoked. If a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 57

Where a pesticide operator commits any of the following acts, the agricultural administrative department of the local people’s government at or above the county level shall order it to make corrections, confiscate its illegal gains and illegally operated pesticides, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan; where it refuses to make corrections or the circumstances are serious, its Pesticide Business License shall be revoked:

(1) Establishing a branch without going through the formalities for amending the Pesticide Business License in accordance with the law or without filing a record with the agricultural administrative department of the local people’s government at or above the county level where the branch is located;

(2) Purchasing pesticides from pesticide manufacturers without a Pesticide Production License or from other pesticide operators without a Pesticide Business License;

(3) Purchasing or selling pesticides that are not accompanied by product quality inspection certificates or whose packaging or labels do not comply with provisions;

(4) Failing to suspend the sale of pesticides that shall be recalled in accordance with the law.

Article 58

Where a pesticide operator commits any of the following acts, the agricultural administrative department of the local people’s government at or above the county level shall order it to make corrections; where it refuses to make corrections or the circumstances are serious, a fine of not less than 2,000 yuan but not more than 20,000 yuan shall be imposed, and its Pesticide Business License shall be revoked:

(1) Failing to implement the pesticide procurement and sales ledger systems;

(2) Selling food, edible agricultural products, feed and other items in pesticide business premises other than Public health uses of pesticides;

(3) Failing to sell Public health uses of pesticides separately from other commodities;

(4) Failing to fulfill the obligation of pesticide waste recycling.

Article 59

Where an overseas enterprise directly sells pesticides in China, the agricultural administrative department of the local people’s government at or above the county level shall order it to cease sales, confiscate its illegal gains, illegally operated pesticides and tools and equipment used for illegal business; where the value of illegally operated pesticides is less than 50,000 yuan, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed concurrently; where the value exceeds 50,000 yuan, a fine of not less than 10 times but not more than 20 times the value shall be imposed concurrently, and its Pesticide Registration Certificate shall be revoked.

Overseas enterprises that have obtained Pesticide Registration Certificates and export inferior pesticides to China with serious circumstances or export counterfeit pesticides shall have their corresponding Pesticide Registration Certificates revoked by the competent agricultural department of the State Council.

Article 60

Where a pesticide user commits any of the following acts, the agricultural administrative department of the county‑level people’s government shall order it to make corrections; for agricultural product producers, food and edible agricultural product storage enterprises, specialized pest control service organizations and farmers’ professional cooperatives engaged in agricultural production, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed; for individual pesticide users, a fine of not more than 10,000 yuan shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law:

(1) Using pesticides not in accordance with the scope of use, application method, dosage, technical requirements and precautions indicated on the label or in violation of the pre-harvest interval;

(2) Using prohibited pesticides;

(3) Using highly or extremely toxic pesticides for controlling public‑health pests, applying to vegetables, fruits, tea, fungi and traditional Chinese medicinal materials, or for controlling aquatic plant diseases and pests;

(4) Using pesticides in drinking water source protection areas;

(5) Using pesticides to poison fish, shrimp, birds or animals;

(6) Discarding pesticides, pesticide packaging or cleaning application equipment in drinking water source protection areas or river channels.

For acts specified in item (2) of the preceding paragraph, the agricultural administrative department of the county‑level people’s government shall also confiscate the prohibited pesticides.

Article 61

Agricultural product producers, food and edible agricultural product storage enterprises, specialized pest control service organizations and farmers’ professional cooperatives engaged in agricultural production that fail to establish pesticide use records shall be ordered by the agricultural administrative department of the county‑level people’s government to make corrections; where they refuse to make corrections or the circumstances are serious, a fine of not less than 2,000 yuan but not more than 20,000 yuan shall be imposed.

Article 62

Entities or individuals that forge, alter, transfer, lease or lend licensing documents such as Pesticide Registration Certificates, Pesticide Production Licenses and Pesticide Business Licenses shall have such documents seized or revoked, their illegal gains confiscated, and a fine of not less than 10,000 yuan but not more than 50,000 yuan imposed concurrently. If a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 63

Persons who are directly in charge of entities that produce pesticides without a Pesticide Production License, operate pesticides without a Pesticide business License, or whose Pesticide Registration Certificate, Pesticide Production License or Pesticide Business License is revoked shall be prohibited from engaging in pesticide production or business activities for 10 years.

Where pesticide manufacturers or operators employ persons specified in the preceding paragraph to engage in pesticide production or business activities, their Pesticide Production License and Pesticide business License shall be revoked.

For those whose Pesticide Registration Certificate is revoked, the competent agricultural department of the State Council shall not accept their pesticide registration applications for five years.

Article 64

Where pesticides produced or operated cause personal injury or property damage to users, the affected users may claim compensation from either the pesticide manufacturer or the operator. If the liability lies with the manufacturer, the operator shall have the right to recourse against the manufacturer after making compensation. If the liability lies with the operator, the manufacturer shall have the right to recover  the amount paid from the pesticide operator.

Chapter VIII Supplementary Provisions

Article 65

For pesticide registration applications, applicants shall negotiate registration trial fees with registration test facilities on the principles of voluntariness and compensation.

Article 66

These Regulations shall come into force on June 1, 2017.

Note: This English translation is provided for reference only and does not constitute an official translation. In case of any discrepancy, the Chinese text shall prevail.