Relevant competent authorities and major policies and regulations in the pesticide industry
Category:
Policies and Regulations
Author:
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Release date:
2020-05-09
1. Industry regulatory authorities and industry associations
The principal regulatory authorities in the pesticide industry include the Ministry of Industry and Information Technology, the Ministry of Agriculture, the General Administration of Quality Supervision, Inspection and Quarantine, the China Pesticide Industry Association, the State Administration of Work Safety, and environmental protection agencies at all levels. Their respective functions are summarized in the table below:

2. Regulatory Framework for the Pesticide Industry
Pesticides are an essential input in agricultural production, and their safety throughout the processes of manufacture, distribution, and application is directly linked to the sound development of both the pesticide industry and agricultural production. To strengthen oversight and management of pesticide production, marketing, and use, ensure pesticide quality, protect agricultural production and the ecological environment, and safeguard human and animal health, China has implemented systems such as approval of pesticide manufacturers, pesticide registration, and the issuance of pesticide production licenses.
The principal laws and regulatory documents currently in force governing pesticide management in China are as follows:

(1) Industry entry licensing system
In accordance with the Regulations on the Administration of Pesticides and the Measures for the Administration of Pesticide Production, China implements an approval system for pesticide manufacturers. To establish a pesticide production enterprise—including joint ventures, branch plants, or pesticide production workshops set up by non‑pesticide producers—prior to submitting an application for approval to the National Development and Reform Commission, the applicant must first obtain preliminary review by the provincial competent authority. Pursuant to the State Council’s Notice on Issuing the Regulations on the Main Functions, Internal Organizations, and Staffing of the Ministry of Industry and Information Technology, effective July 11, 2008, the approval of new pesticide production enterprises has been transferred to the Ministry of Industry and Information Technology. Applications for approval shall meet the following requirements: possession of technical personnel and skilled workers commensurate with the pesticides to be produced; availability of factory buildings, production facilities, and sanitary conditions appropriate to the products; installation of facilities that comply with national occupational safety and health standards, together with corresponding safety and hygiene management systems; establishment of product quality standards and a product quality assurance system; production of only pesticides that have been legally registered; and adoption of pollution prevention and control measures and facilities that meet national environmental protection requirements, ensuring that pollutant emissions do not exceed the national and local emission standards. The validity period of a pesticide production enterprise’s approval is five years. Enterprises seeking to renew their qualification upon expiration must submit an application to the Ministry of Industry and Information Technology no later than three months before the expiry date.
(2) Pesticide Product Registration System
China implements a pesticide registration system. Pesticide manufacturers and enterprises exporting pesticides to China shall apply for pesticide registration in accordance with the relevant regulations, and developers of new pesticides may also apply for registration as prescribed. The agency under the agricultural administrative department of the State Council responsible for pesticide inspection and testing undertakes the specific tasks related to pesticide registration. The agencies under the agricultural administrative departments of the people’s governments of provinces, autonomous regions, and municipalities directly under the central government that are tasked with pesticide inspection and testing shall assist in carrying out the specific registration work within their respective administrative areas.
Applicants seeking pesticide registration shall conduct registration trials. Applicants conducting such trials shall file a record with the agricultural administrative department of the provincial people’s government where the trials are carried out; for registration trials of new pesticides, prior review and approval by the Ministry of Agriculture are also required. Based on the review results, the Ministry of Agriculture shall render an approval decision within twenty working days. If the applicant meets the requirements, it shall issue a Certificate of Pesticide Registration Trial Unit, which shall be valid for five years. Upon completion of the registration trials, the applicant shall submit a pesticide registration application to the agricultural administrative department of the people’s government of the province, autonomous region, or directly administered municipality where the trials were conducted. The relevant provincial, autonomous regional, or municipal agricultural administrative department shall, within twenty working days from the date of acceptance of the application, provide a preliminary review opinion and forward it to the agricultural administrative department under the State Council. The agricultural administrative department under the State Council shall organize the review and registration evaluation; if the applicant meets the requirements, it shall issue a Pesticide Registration Certificate, which shall be valid for five years.
(3) Pesticide Production Licensing System
According to the Measures for the Administration of Pesticide Production Licenses, promulgated by the Ministry of Agriculture on June 21, 2017, pesticide production licensing is administered on a one‑enterprise‑one‑license basis: each pesticide manufacturer is issued only one pesticide production license. The agricultural administrative department of the provincial people’s government is responsible for accepting applications, conducting reviews, and issuing pesticide production licenses, which are valid for five years. These Measures shall enter into force on August 1, 2017. Pesticide manufacturers that had already obtained a pesticide production approval certificate or a pesticide production license prior to the implementation of these Measures may continue to produce the corresponding pesticide products within the validity period of such certificates or licenses. Upon expiration of the validity period, if a manufacturer intends to continue producing pesticides, it shall, no later than ninety days before the expiration date, apply to the provincial agricultural authority for a pesticide production license in accordance with the provisions of these Measures. For those who had obtained a pesticide registration certificate but had not yet obtained a pesticide production approval certificate or a pesticide production license prior to the implementation of these Measures, and who wish to continue producing pesticides, they must obtain a pesticide production license within two years from the date these Measures take effect.
(4) System for the Administration of Import and Export of Pesticide Products
China’s import and export of pesticides are governed by three laws—the Customs Law, the Foreign Trade Law, and the Law on Inspection of Import and Export Commodities—as well as three regulations—the Regulations on the Administration of Import and Export of Goods, the Regulations for the Implementation of the Law on Inspection of Import and Export Commodities, and the Regulations on the Administration of Pesticides. In addition, these activities comply with two international conventions: the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade and the Stockholm Convention on Persistent Organic Pollutants. The import and export of pesticides are primarily managed through the coordinated efforts of the following agencies:

There are two main types of regulatory service measures specific to the import and export of pesticides:
Category I: Specific administrative measures applicable to all imported and exported pesticide products are jointly implemented by the Ministry of Agriculture and the General Administration of Customs. The Pesticide Inspection Institute of the Ministry of Agriculture issues release notices in accordance with the “one batch, one certificate” principle, while the port customs authorities conduct on-site verification. Prior to customs clearance, the Pesticide Inspection Institute of the Ministry of Agriculture confirms that each batch of pesticide is a legally registered product approved in China. The contents of the import‑export release document include the product name, quantity, countries of import and export, commodity code, trader information, and other relevant details; the imported or exported pesticide products must be consistent with the information stated on the release document.
Category II: A certificate of overseas pesticide registration issued in accordance with the requirements of the competent foreign pesticide regulatory authority. Such a certificate serves as proof of the legal compliance and credibility of Chinese pesticide enterprises and their export products, and is issued by the Pesticide Inspection Institute of the Ministry of Agriculture.
3. Industrial Policy
At present, the major international policies related to the pesticide industry include the following:

At present, the major international policies governing the pesticide industry are aimed at raising production standards, reducing the risks posed by pesticide residues to human health and the environment, and, through trade barriers, restricting the import and export of low‑quality, high‑residue, and highly polluting pesticides.
At present, the laws, regulations, and policies in China related to the pesticide industry primarily include the following:
