Provisions of Hainan Special Economic Zone on Pesticide Management (revised 20 17)

Article 1 In order to strengthen the management of pesticides, ensure the quality and safety of agricultural products and the safety of people and livestock, protect the ecological environment and promote the sustainable development of agriculture and forestry, these Provisions are formulated in accordance with the Law of People's Republic of China (PRC) on the Quality and Safety of Agricultural Products, the Regulations of the State Council on Pesticide Management and other relevant laws and regulations, combined with the actual situation of Hainan Special Economic Zone. Article 2 These Provisions shall apply to the production, transportation, storage, sale, use, supervision and management of pesticides in this Special Economic Zone. Article 3 The people's governments at or above the county level shall strengthen the organization and leadership of pesticide supervision and management, incorporate the funds for pesticide supervision and management into the fiscal budget at the corresponding level, strengthen the construction of pesticide supervision and law enforcement teams, increase investment in pesticide technology and pesticide monitoring equipment, and establish and improve the quality and safety monitoring system and service system of agricultural products.

The administrative department of agriculture of the people's governments at or above the county level shall be responsible for the supervision and administration of pesticides within their respective administrative areas.

The administrative departments for industry and commerce and the food and drug supervision and administration departments of the people's governments at or above the county level shall, according to their respective functions and duties, supervise and manage the pesticides and agricultural products sold in the market.

The administrative departments of quality and technical supervision, health, environmental protection, forestry, fishery, transportation and postal services of the people's governments at or above the county level shall be responsible for the supervision and administration of pesticides according to their respective functions and duties.

Township people's governments and villagers' committees shall assist the pesticide supervision and management departments to supervise and inspect the sale and use of pesticides; Organize, publicize and guide farmers to use pesticides safely and scientifically. Article 4 It is forbidden to produce, transport, store, sell and use pesticides containing highly toxic and toxic ingredients in this special economic zone, except for those with special needs and restricted varieties approved by the provincial government.

The administrative department of agriculture shall publish and print the catalogue of pesticide varieties promoted, restricted and prohibited from being sold and used by the state and this special economic zone and its scope of application, and post it in the pesticide business premises and the office of the villagers' committee. Article 5 The establishment of pesticide production enterprises in this special economic zone shall conform to the conditions and quality standards stipulated by the state, conduct environmental impact assessment, and build pollution prevention and control facilities. The pollutant discharge shall not exceed the emission standards stipulated by the state and this province.

Pesticide production enterprises can apply for pesticide production license and business license according to law after approval.

It is forbidden to produce fake pesticides and inferior pesticides. Sixth to encourage and support the research, development and use of biological pesticides and biological and physical pest control technology. People's governments at or above the county level may reward and subsidize the use of safe and efficient pesticides or the use of biophysical techniques to control pests and diseases. Specific measures shall be formulated by the provincial people's government. Article 7 The special economic zones shall implement the pesticide wholesale franchise system and the pesticide retail license system.

Pesticide wholesale and retail outlets implement total control. According to the needs of agricultural production, the agricultural administrative department of the provincial people's government plans scientifically and rationally arranges the sales network. The catalogue of pesticide wholesale enterprises and the planning of sales outlets shall be announced to the public.

Pesticide production enterprises that wholesale or retail pesticides in this special economic zone shall apply for pesticide business license and business license in accordance with these provisions. Eighth pesticide wholesale and retail prices to implement government guidance, by the price department of the provincial people's government in conjunction with the agricultural administrative departments and relevant departments to develop, and to the public.

The formulation of pesticide prices should be scientifically demonstrated, and if necessary, a hearing should be held to solicit opinions from users, operators and relevant parties.

The competent price department of the provincial people's government and the people's governments of cities, counties and autonomous counties shall timely evaluate the wholesale and retail prices of pesticides.

The price departments of the people's governments at or above the county level shall strengthen the supervision and inspection of the wholesale and retail prices of pesticides, and investigate and deal with price violations according to law. Article 9 The operation of pesticides shall meet the following conditions:

(1) It has technicians who are suitable for the pesticides it deals in;

(2) It has a business place suitable for its management of pesticides, and the business place shall not be adjacent to schools, kindergartens, restaurants, food production and operation and other places related to public health and safety;

(3) Having equipment, storage facilities, safety protection measures, and environmental pollution control facilities and measures suitable for the management of pesticides;

(4) Having a management, quality management system and management means suitable for the pesticides it deals in;

(5) Having funds suitable for its management of pesticides and the ability to bear civil liabilities independently;

(6) Other conditions stipulated by laws and regulations.

In addition to the conditions stipulated in the preceding paragraph, the wholesale operation of pesticides should also have a chain operation and distribution network in cities, counties, autonomous counties and towns.

The specific conditions for the wholesale and retail operation of pesticides shall be stipulated by the provincial people's government. Article 10 Whoever engages in the wholesale business of pesticides shall apply for a pesticide exclusive license and obtain a pesticide wholesale business license with the approval of the provincial administrative department of agriculture. The specific measures shall be formulated by the provincial people's government in accordance with the state and these Provisions. Eleventh applications for pesticide retail business, by the local city, county, autonomous county people's government administrative departments of agriculture review. In line with the operating conditions and the planning of pesticide sales outlets, the operators shall be determined through bidding and the pesticide retail business license shall be issued.