Provisions of Shanghai Municipality on the Administration over Operation and Use of Pesticides

· Document Number：Order No. 13 of Shanghai Municipal Government

· Area of Law： Agriculture Animal Husbandry Fisheries Forestry Health and Sanitation

· Level of Authority： Local Government Rules

· Date issued：04-17-2009

· Status： Effective

· Issuing Authority： Shanghai Municipality

Decree of Shanghai Municipal People's Government
No.13
The "Provisions of Shanghai Municipality on the Administration over Operation and Use of Pesticides" were adopted at the 40th Routine Meeting of the Municipal People's Government on April 13, 2009 and are hereby promulgated. They shall be effective as of June 1, 2009.
Mayor Han Zheng
April 17, 2009
Provisions of Shanghai Municipality on the Administration over the Operation and Use of Pesticides(Promulgated on April 17, 2009 by Decree No. 13 of Shanghai
Municipal People's Government)
Chapter I General Provisions
Article 1 (Purpose and Basis)
With a view to standardizing the behavior of operating and using pesticides, maintaining the legitimate rights and interests of farmers and pesticide operators, safeguarding the quality of agricultural products and the safety of people and livestock, and protecting the production of agriculture and forestry and the ecological environment, these Provisions are formulated in accordance with the "Regulations on the Administration of Pesticides" and other relevant laws and regulations, and in the light of the actual circumstances of this Municipality.
Article 2 (Scope of Application)
These Provisions apply to the operation and use of pesticides and the management activity related thereto in the administrative area of this Municipality.
Article 3 (Supervisory Department)
The municipal agricultural administration is responsible for the supervision and administration over the operation and use of pesticides in this Municipality. The district/ county agricultural administration is in charge of the supervision and administration over the operation and use of pesticides in its own administrative area.
The departments of industry and commerce, quality and technical supervision, greening and forestry, commercial affairs and environmental protection, and other relevant departments shall, according to their respective functions, do well in the work relating to the supervision and administration over the operation and use of pesticides.
Article 4 (Tip-reporting and Reward)
The municipal and district/county agricultural administrations shall set up the telephone number and letter-box to accept the public tips on the behaviors of operating prohibited pesticides or counterfeit or inferior pesticides and of illegally using pesticides.
The municipal and district/county agricultural administrations shall promptly accept, probe and handle tips according to law, and keep secrecy for tipsters. Upon verifying a tip-off, the accepting department shall reward the tipster.
Article 5 (Trade Self-discipline)
Trade organizations relating to pesticide operation service shall be encouraged to provide their members with professional guidance and service, and to give play to the role of trade self-discipline in drawing up trade service standards and guiding their members in standardized operation and such other aspects.
Chapter II Operation of Pesticides
Article 6 (Operating Conditions)
Pesticide operating units and their branches shall meet the following conditions:
(1) they fall within the subject scope provided under Article 18, Clause 1 of the "Regulations on the Administration of Pesticides";
(2) they are allocated with relevant pesticide professional technicians matching the variety and scale of pesticides in which they are dealing, and the branch of a pesticide operating unit has at least one person with the certificate of above primary technical title relating to pesticide specialty or with the professional skill appraisal certificate;
(3) the places for pesticide sale and storage have safety and protection facilities corresponding to the pesticides in which they are dealing, such as ventilation and separated depository, which meet the requirements of laws and regulations as well as mandatory standards, and which are isolated from living quarters.
(4) the operation and management system has been set up in relation to the pesticides in which they are dealing, including unified distribution, inspection on stock, safe sale and business record-keeping accounts; and
(5) such other conditions as provided by laws and regulations.
Where the pesticide in business belongs to dangerous chemicals, a business license for dangerous chemicals shall be applied for according to relevant provisions.
Article 7 (Application Materials for Business License)
A pesticide operating unit shall, in applying to the municipal or district/county administration for industry and commerce for a business license, submit the following materials:
(1) certificate of the unit belonging to the subject scope provided under Article 18, Clause 1 of the "Regulations on the Administration of Pesticides";
(2) certificate issued by the local district/county agricultural administration for the allocation of professional technical personnel and facilities and installations in places for pesticide sale and storage; and
(3) other documents to be submitted as provided by laws and regulations on the enterprise registration.
Article 8 (Issuance of Certificate)
The subject certificate provided in Article 7, Item 1 of these Provisions shall be issued or provided according to the following provisions:
(1) for the subject belonging to the category of agricultural means of production operating unit under the supply and marketing cooperative, the certificate shall be issued by the municipal commercial administration;
(2) for the subject belonging to the category of plant protection station, soil and fertilizer station or agro-tech popularization agency, the certificate shall be issued by the municipal agricultural administration;
(3) for the subject belonging to the category of forestry technique popularization agency or forest pest prevention and control agency, the certificate shall be issued by the municipal greening and forestry administration;
(4) for the subject belonging to the category of pesticide production enterprise, the approval document for pesticide production qualification and a copy of business license shall be submitted; and
(5) for other pesticide operating units provided by the State Council, the certificate shall be issued by the corresponding competent administrative department.
In respect of the certificate for personnel and facilities arrangement provided under Article 7, Item 2 of these Provisions, the district/county agricultural administration shall, within 10 workdays after accepting the application of a pesticide operating unit, complete the on-the-spot verification and issue the certificate.
Article 9 (Support for Chain Business)
This Municipality encourages the development of specialized pesticide chain business. Upon being affirmed by the municipal agricultural administration along with the municipal commercial administration, pesticide chain business units that meet such requirements as unified purchase, unified distribution, unified marking, unified pricing, and unified service norm may enjoy relevant support policy treatment.
The specific procedures for supporting the pesticide chain business shall be formulated by the municipal agricultural administration jointly with relevant departments.
Article 10 (System of Unified Distribution)
Pesticides in which a pesticide operating unit branch deals shall be distributed in an unified manner by the pesticide operating unit it belongs to or the pesticide chain business unit which the pesticide operating unit joins. No branch shall purchase or sell pesticide as commission agent at its discretion.
Article 11 (System of Purchase Inspection)
The pesticide operating unit shall institute and implement the following system of purchase inspection:
(1) examine the business qualification of the supplier;
(2) check and keep for file a copy of the pesticide registration or temporary registration certificate and a copy of the pesticide production permit or approval document;
(3) identify relevant contents of the pesticide product label and specifications according to the provisions of the "Procedures on Management of Pesticide Labels and Specifications"; and
(4) ask the supplier for the product quality certificate or test report for the production batch of the product.
Article 12 (System of Sales Safety)
The pesticide operating unit shall set up a special area for pesticide sale, depositing pesticides in special counters for sale; and shall store pesticides that have not yet been put on the counter for sale in a special depository or a special area thereof, taking safekeeping measures such as isolation, separation or division and appointing caretakers therefor.
No pesticide operating unit shall deal in food or daily necessities or such other goods in the pesticide sales place.
Article 13 (Source Tracing System for Sales)
The pesticide operating unit shall establish pesticide business record-keeping accounts, truthfully recording the pesticide purchase time, product name, specifications, quantity, suppliers and their contact mode, as well as the distribution and sales time, product name, specifications, quantity and such other contents.
The pesticide operating unit shall issue an invoice to each pesticide buyer. It is permissible not to issue invoice according to the provision on invoice management, but the pesticide operating unit shall, at the request of the pesticide buyer, issue an invoice or other sales voucher. The sales voucher shall state the name, quantity, and buying time of the sold pesticide, as well as the name of the pesticide operating unit and other information.
Article 14 (Notification Obligation for Sale)
When selling pesticide, the pesticide operating unit shall, strictly according to the pesticide product label and specifications, explain truthfully the product purpose, usage, first-aid measures against poisoning and other instructions, and shall not mislead the pesticide buyer.
Article 15 (Professional Skills of Seller)
A pesticide seller shall have basic knowledge about the safe and rational use of pesticides, knowing well the basic contents of the labels and specifications of pesticides sold.
The pesticide operating unit shall organize its pesticide sellers to take training on professional knowledge and set up corresponding training archives.
Article 16 (Requirements for Operating Lethal Pesticide)
In respect of a pesticide labeled as being highly toxic (hereinafter referred to as lethal pesticide), the pesticide operating unit shall take the following sales management measures:
(1) setting up special counters to separately store lethal pesticides with distinct warning signs thereon;
(2) appointing a special person to take charge of the sale and setting up a special business record-keeping account of lethal pesticides;
(3) requesting the buyer to tell the purpose and produce his or her identification, and keeping a record truthfully; and
(4) requesting the buyer to return after use of a lethal pesticide the container and package of the pesticide, and establishing a system of recovery registration.
Article 17 (Safekeeping Time of Materials Kept for File)
The pesticide operating unit shall maintain the following materials for at least two years:
(1) materials related to pesticide registration, product quality inspection certificate or test report provided in Article 11;
(2) business record-keeping accounts of pesticides provided in Article 13, Item 1; and
(3) special business record-keep accounts of lethal pesticides provided in Article 16.
Chapter III Use of Pesticide
Article 18 (Safe Keeping)
Pesticide users shall properly put pesticides for safekeeping to prevent eating or use by mistake
Agricultural product production enterprises and farmers' specialized cooperatives shall appoint pesticide controllers, and establish the safekeeping system of record-keeping accounts of the pesticide purchased and taken-out.
Article 19 (Safe Application of Pesticide)
The pesticide user shall choose a safe place far away from the drinking water source conservation area and residents' living quarter to dispense pesticide according to the dosage provided in the product label and specifications and shall not increase at random the concentration of the pesticide in use.
The pesticide user shall take preventive measures against pesticide poisoning or pollution, applying pesticides according to the object of prevention and control, usage, safety interval and points for attention, and shall not expand the use range or increase the frequency of application.
Article 20 (Safety Matters after Use of Pesticide)
The pesticide user shall properly handle pesticide residues, application apparatuses and containers and packing of pesticides, and shall not dump pesticide residues or clean application apparatuses in the river, lake, reservoir, fishpond or drinking water source conservation area, or indiscriminately throw away anywhere the container or packing of pesticides.
Article 21 (Record of Application of Pesticide)
An agricultural economic entity shall, in the course of planting crops, keep truthful records of the name, source, usage and dosage of pesticides applied and the date of application and cessation.
The record of application of pesticides shall be kept for more than two years.
Article 22 (Prohibited Circumstances)
It is prohibited to use pesticide to poison fish, shrimps, birds, beasts or any other animals.
No lethal pesticide shall be used to prevent and control sanitation pests, or used on vegetables, fruits, tea, Chinese traditional medical herbs, or other crops or on the forest for conservation of water source.
Article 23 (Guidance, Service)
The municipal and district/ county administrations of agriculture, greening and forestry, and their subordinate plant preservation agencies shall do a good job of the forecast of major plant disease, pest-outbreak, weeds and rats as well as the related comprehensive prevention and control work, carry out the plant disease and pest diagnosis and treatment to serve the agricultural sector, and provide farmers with information related to the safe and rational application of pesticide through free training, distribution of publicity material and online information release, consultation on telephone and such other modes.
Article 24 (Encouragement, Support)
The farmers' specialized cooperative and the agriculture-socialized service organization shall be encouraged to provide farmers with plant protection service such as unified application of pesticide.
The municipal and district/county people's governments may adopt the mode of purchasing service, etc. to support the farmers' specialized cooperative and the agriculture-socialized service organization in taking part in controlling any outbreak of epidemic plant diseases, pests, weeds or rats.
Article25 (Rotation and Substitution of Pesticide Variety and First Popularized Use)
The municipal agricultural administration shall organize the launching of survey and appraisal activities in such aspects as the control effect in pesticide application and crop resistance to pesticide, and do well in the work related to the rotation and substitution of pesticide variety.
In respect of the first popularization of a new pesticide, the agricultural and forestry technique popularization agencies shall do a good job of field experiment and demonstration, and publish in good time information related to the applicability of the new pesticide in this Municipality's area.
Chapter IV Other Provisions
Article 26 (Supervision over Operation of Pesticides)
The municipal agricultural administration shall inspect the pesticide quality and business service quality of pesticide operating units, establishing the good-faith archives thereof.
The information notification system of the supervision and control over the operation of pesticides shall be instituted between the municipal and district/county agricultural administrations and the departments of industry and commerce, quality and technical supervision, and environmental protection.
Article 27 (Management of Sellers of Pesticides)
The municipal agricultural administration shall organize the launching of training on laws and regulations and professional basic knowledge in connection with pesticides for sellers of pesticides, and establish the professional skills management archives for such sellers.
Article 28 (Popularization of Safe and Higher Effective Pesticides)
The municipal agricultural administration shall, according to the requirements of control over plant diseases, pests, weeds and rats, and of safeguarding the quality safety of farm products, determine the catalogue of varieties of safe and higher effective pesticides applicable in this Municipality, and do a good job of the work of organization and popularization related thereof.
Subsidies shall be granted to farmers and agricultural economy entities that use safe and new-type, higher effective pesticides whose application is popularized in this Municipality. The catalogue of varieties of annually subsidized pesticides shall be determined and published in time subject to experts' argumentation and appraisal and other procedure; the pesticide production enterprise that is to supply the subsidized variety shall be determined through public bidding organized by the municipal agricultural administration.
The subsidized pesticides shall be operated by the pesticide operating unit with sales outlets widely spread and with corresponding facilities, and the list of operating units of subsidized pesticides shall be determined and published by the municipal agricultural administration according the operating conditions of the pesticide operating unit.
Article 29 (Monitoring of Pesticide Residue on Crop)
This Municipality's farm produce production bases such as planting farms of scale, vegetable gardens, vegetable fields with facilities and agriculture-standardized demonstration zones (fields) and farmers' specialized cooperatives shall conduct self-inspection of pesticide residues on farm products prior to collection for delivery to the market.
The municipal and district/county agricultural administrations shall, under relevant provisions, do a good job of monitoring pesticide residues on farm products prior to collection for delivery to the market, bring into the key monitoring scope the pesticide residues on farm crops in production bases thereof and conduct a spot check on pesticide residues on farm products produced by farmers. The findings of pesticide residues monitoring shall be published as provided by the State.
Article 30 (Treatment of Crops with Superstandard Level of Pesticide Residue)
No crop with superstandard level of pesticide residues shall be collected for delivery to the market. Farm products with superstandard level of pesticide residues affirmed by testing prior to collection for delivery to the market shall be re-tested after the prescribed safety intervals and shall not be collected and delivered to the market until passing the re-test. However, any farm products that are affirmed by testing as containing elements of prohibited pesticide shall be destroyed as provided by the State.
In the light of the situation of supertandard pesticide residues detected by monitoring, the municipal and district/county agricultural administrations shall conduct timely follow-up surveillance. Where the banned pesticide content is detected by monitoring in farm products, the source of the banned pesticide shall be tracked down.
Article 31 (Recovery and Disposal of Pesticide Packing Waste)
Containers and packing of pesticides shall be retrieved with compensation and disposed of in a centralized manner in this Municipality. The specific procedures for retrieval and disposal shall be drawn up by the municipal agricultural administration jointly with relevant departments.
Article 32 (System of Pesticide Reserve)
This city shall reserve pesticides for prevention, control and extermination according to the forecast of major plant diseases and outbreak of pests, weeds and rats.
The municipal agricultural administration shall, jointly with relevant departments, put forward plans for specific varieties and quantity of pesticide reserve and, upon the joint review by the municipal development and reform department together with the municipal agricultural administration, the municipal commercial administration, and the municipal finance department, the pesticide reserve shall be brought into the municipal-level vital commodity reserve system according to the provided procedure. In respect of pesticides that have been brought into the said system, routine supervision, control, allocation and emergency distribution shall be conducted according to relevant provisions.
Article 33 (Other Prohibition on Operation)
The supervisory department of pesticide operation and use and its personnel shall not engage or participate in any pesticide business activity.
Chapter V Legal Liability
Article 34 (Dealing with Non-compliance with Pesticide Operating Conditions)
Where the pesticide operating unit and its branch do not meet relevant conditions set out in Article 6, Item 1, the department that issued relevant evidence materials shall order the unit and its branch to make a correction within the prescribed time limit, and if no correction is made within the prescribed time limit, the department concerned shall withdraw the corresponding evidence materials and notify in writing the municipal administration of industry and commerce, which, after receiving the written notice, shall order the pesticide operating unit to go through formalities for alteration or cancellation of registration, or revoke its business license according to law if the pesticide operating unit fails to do so.
Article 35 (Penalty for Violation of Provision on Unified Distribution)
The pesticide operating unit that fails to make unified distribution of pesticides to its branch shall be ordered by the municipal or district/county agricultural administration to make a correction within the prescribed time limit and, if failing to do so, shall be fined not less than 3,000 yuan but not more than 30,000 yuan. The branch of a pesticide operating unit that violates the provision, by making purchase by itself or selling pesticide as commission agent shall be ordered by the municipal or district/county agricultural administration to make a correction within the prescribed time limit and, if failing to do so, shall be fined not less than 500 yuan but not more than 5,000 yuan.
Article 36 (Penalty for Violation of Provision on Purchase Inspection)
The pesticide operating unit that fails to implement the purchase inspection system in violation of the provision of Article 11 of these Provisions shall be ordered by the municipal or district/county agricultural administration or industrial and commercial administration to make a correction within the prescribed time limit and, if failing to do so, shall be fined not less than 500 yuan but not more than 5,000 yuan; and if the case is serious, a fine of between not less than 5,000 yuan but not more than 50,000 yuan shall be imposed.
Article 37 (Penalty for Violation of Provision on Sales Safety)
The pesticide operating unit that fails to comply with the requirements of sales safety management in violation of the provision of Article 12 of these Provisions shall be ordered by the municipal or district/county agricultural administration or industrial and commercial administration to make a correction within the prescribed time limit, and if failing to do so, shall be fined not less than 500 yuan but not more than 5,000 yuan; and if the case is serious, a fine of between not less than 5,000 yuan but not more than 50,000 yuan shall be imposed.
Article 38 (Penalty for Violation of Provision on Sales Source Tracing Management for Pesticide Sales)
The pesticide operating unit that fails to establish or implement the system of pesticide business record-keeping account in violation of the provision of Article 13, Item 1 of these Provisions shall be ordered by the municipal or district/county agricultural administration or industrial and commercial administration to make a correction within the prescribed time limit and, if failing to do so, shall be fined not less than 500 yuan but not more than 5,000 yuan; and if the case is serious, a fine of between not less than 5,000 yuan but not more than 50,000 yuan shall be imposed.
The pesticide operating unit that fails to issue invoices under the relevant provision on invoice management, in violation of the provision of Article 13, Item 2 of these Provisions shall be handled by the taxation department according to law; the pesticide operating unit that fails to issue a sales voucher to the pesticide buyer shall be ordered by the agricultural administration to make a correction and, if failing to do so within the prescribed time limit, shall be fined not less than 500 yuan but not more than 5,000 yuan.
Article 39 (Penalty for Misleading Pesticide User)
The pesticide operating unit that violates the provision of Article 14 of these Provisions by misleading a pesticide user and causing drug harm or poisoning accident shall be fined not less than 5,000 yuan but not more than 50,000 yuan by the municipal or district/county agricultural administration.
Article 40 (Penalty for Selling Lethal Pesticide Without Adopting Relevant Measures)
Those who violate the provision of Article 16 of these Provisions by selling lethal pesticide without taking relevant measures shall be ordered by the municipal or district/ county agricultural administration according to law to make a correction within the prescribed time limit, and be cumulatively fined not less than 500 yuan but not more than 5,000 yuan; if the case is serious, a fine of between not less than 5,000 yuan but not more than 50,000 yuan shall be imposed.
Article 41 (Penalty for Violation of Provision on Safe Use of Pesticide)
Those who violate the provision of Article 18, 19 or 20 of these Provisions on safe use of pesticide by causing harmful consequences shall be given a warning by the municipal or district/county agricultural administration and may be cumulatively fined not less than 1,000 yuan but not more than 10,000 yuan; if a serious consequence is caused, a fine of between not less than 10,000 yuan but not more than 30,000 yuan shall be imposed.
Article 42 (Penalty for Marketing Farm Products with Superstandard Level of Pesticide Residue)
Penalty shall be imposed according to provisions of relevant laws and regulations for violation of the provision under Article 30, Item 1 of these Provisions by collecting and delivering to the market crops with superstandard level of pesticide residues.
Article 43 (Civil or Criminal Liability for Illegal Operation and Use of Pesticide)
Where illegal operation or use of pesticides causes casualties on humans or animals or other economic loss, the pesticide operator or user shall make compensation according to law for economic loss of the victims; if a crime is constituted, the offender shall be prosecuted for his or her criminal liability according to law.
Article 44 (Prosecution of Law-enforcement Personnel for Law-breaking Liability)
Any administrator of pesticides who abuses powers, commits negligence or jobbery, or seeks and takes bribes to the extent of constituting a crime shall be prosecuted for his or her criminal liability according to law; if the wrongful act does not constitute a crime, the wrongdoer shall be given disciplinary sanctions according to law.
Chapter VI Supplementary Provisions
Article 45 (Exception)
These Provisions do not apply to department stores, supermarkets and other units dealing in insecticides for domestic prevention and control of sanitation pests and clothing pests.
Article 46 (Effective Date)
These Provisions shall be effective as of June 1, 2009. The original "Provisions of Shanghai Municipality on the Administration over the Operation and Use of Pesticides" promulgated on November 7, 1995 by Decree No.17 of the Shanghai Municipal People's Government, and re-promulgated after being separately revised according to Decree No.54 of the Shanghai Municipal People's Government on December 19, 1997, and Decree No. 28 of the Shanghai Municipal People's Government on June 24, 2004 shall be repealed at the same time.