The Ministry of Justice has released the “Regulations on the Prevention and Control of Crop Pests and Diseases (Draft for Public Comment),” under which enterprises specializing in green pest-control technologies may stand to benefit.

Release Date:

2019-08-07

To prevent and control crop diseases and pests, ensure national food security and the quality and safety of agricultural products, protect the ecological environment, and promote sustainable agricultural development, on August 2, the Ministry of Justice released the “Regulations on the Prevention and Control of Crop Diseases and Pests (Draft for Public Comment)” (hereinafter referred to as the “Draft”), inviting public input.

According to reports, the draft for public comment comprises seven chapters and forty-two articles, proposing clear provisions on prevention and control responsibilities. In accordance with the principles of categorized management, government leadership, and local accountability, it specifies the obligations of people’s governments at all levels, relevant government departments, and agricultural producers and operators in the prevention and control of crop diseases and pests.

At the same time, the draft for public comment also proposes establishing a comprehensive, end-to-end prevention and control system, setting forth regulations for all stages of pest and disease management—including monitoring and forecasting, preventive measures, and emergency response—and standardizing the management of professional service providers. It requires people’s governments at or above the county level to strengthen organizational leadership over crop pest and disease control efforts and to include funding for such work in their respective government budgets. Furthermore, it encourages and supports specialized pest and disease control service organizations, giving priority to those that employ green control technologies through mechanisms such as government procurement of services.

Jurisdictional responsibility and categorized management of crop diseases and pests.

The “Draft for Public Comment” stipulates that the prevention and control of crop pests and diseases shall adhere to the principle of prioritizing prevention and adopting integrated management, while upholding categorized administration, government leadership, local responsibility, and green pest‑control measures. Furthermore, in light of the characteristics of crop pests and diseases and the extent of their harm to agricultural production, these pests and diseases are classified into three categories.

Class I agricultural pests and diseases refer to those that occur annually over exceptionally large areas or pose a risk of causing particularly severe losses to agricultural production. The list of such pests and diseases is formulated and published by the competent department of agriculture and rural affairs under the State Council.

Class II agricultural pests and diseases refer to those that occur over large areas on a regular basis or that may cause significant losses to agricultural production. The corresponding list is formulated and published by the agricultural and rural affairs authorities of the people’s governments of provinces, autonomous regions, and municipalities directly under the central government, and shall be filed with the agricultural and rural affairs authority of the State Council.

Class III crop pests and diseases refer to all crop pests and diseases other than those classified as Class I or Class II.

Among these, newly discovered crop pests and diseases that may cause significant or particularly significant losses to agricultural production shall be managed as Category I crop pests and diseases pending the determination of their classification.

When a Category I crop pest or disease outbreak becomes severe, the agricultural and rural affairs authority under the State Council shall provide comprehensive coordination and guidance for control efforts. When Category II or Category III crop pests or diseases become severe, the agricultural and rural affairs authorities of the people’s governments of provinces, autonomous regions, and municipalities directly under the central government shall provide comprehensive coordination and guidance for control efforts. Crop pests and diseases occurring on state-owned wastelands shall be controlled under the organization of the local people’s governments at or above the county level.

Information on pest and disease outbreaks must be disseminated through a dedicated platform; violators will face severe penalties.

At the same time, the State has established a monitoring system for crop diseases and pests. The agricultural and rural affairs department under the State Council is responsible for formulating and implementing the national plan for building a crop disease and pest monitoring network. The agricultural and rural affairs departments of the people’s governments of provinces, autonomous regions, and municipalities directly under the central government are responsible for formulating and implementing the plans for building crop disease and pest monitoring networks within their respective administrative areas. The agricultural and rural affairs departments of people’s governments at or above the county level shall strengthen the management of the crop disease and pest monitoring network.

The “Draft for Public Comment” stipulates that the agricultural and rural affairs authorities of people’s governments at or above the county level shall organize and carry out monitoring of crop pests and diseases. Such monitoring shall cover the types, timing, extent, and severity of pest and disease outbreaks; the major natural enemies of pests, their distribution, and trends in population dynamics; as well as field climatic conditions that influence the occurrence of crop pests and diseases. Furthermore, the relevant monitoring information must be reported promptly to the higher-level agricultural and rural affairs authorities in accordance with prescribed procedures.

Agricultural producers and other relevant entities and individuals shall cooperate in carrying out monitoring of crop pests and diseases. No entity or individual may conceal or falsely report information on such monitoring, instruct others to fabricate false information, or obstruct others from making truthful reports.

Information on crop pest and disease outbreaks shall be released by the agricultural and rural affairs authorities of people’s governments at or above the county level; no other organizations or individuals may disclose such information to the public, and no organization or individual may, without authorization, provide unpublished crop pest and disease monitoring data to foreign organizations or individuals.

If one arbitrarily releases forecasts of crop diseases and pests, as well as information on disaster situations, to the public; engages in activities such as research, rearing, breeding, transportation, or exhibition of crop diseases and pests without taking effective measures, thereby causing the escape or spread of such pests; or conducts aerial operations for the prevention and control of crop diseases and pests without issuing a public notice, or with a notice that fails to comply with relevant national regulations.

Where any one of the conditions is met, the agricultural and rural affairs authority of the people’s government at or above the county level shall impose a fine of no less than RMB 2,000 but no more than RMB 20,000; in cases of serious circumstances, a fine of no less than RMB 20,000 but no more than RMB 100,000 shall be imposed; if losses are caused, liability for compensation shall be borne in accordance with law; and if a crime is constituted, criminal liability shall be pursued in accordance with law.

If implemented in accordance with the “Draft for Public Comment,” enterprises specializing in green pest control technologies will benefit.

The draft for public comment emphasizes that the state encourages and supports agricultural research institutions, relevant schools, farmer professional cooperatives, agribusinesses, mass science and technology organizations, and farmer‑technical personnel in conducting research on, and legally promoting, green control technologies for crop diseases and pests. With respect to personnel who come into contact with toxic or hazardous substances in the course of crop disease and pest management, the relevant entities shall organize appropriate safety protection measures and provide allowances and subsidies in accordance with applicable national regulations.

People’s governments at or above the county level shall strengthen organizational leadership over the prevention and control of crop pests and diseases, incorporate funding for such work into their respective government budgets, and ensure that other relevant departments, in accordance with their respective duties, carry out related tasks.

When crop diseases and pests occur severely, the agricultural and rural affairs authorities of local people’s governments at or above the county level shall, in accordance with the crop disease and pest prevention and control plan and based on monitoring and forecasting information, promptly organize and guide agricultural producers, specialized pest‑control service organizations, and other relevant entities and individuals to implement integrated pest management and other control measures.

At the same time, the state encourages and supports specialized pest and disease control service organizations, and, through mechanisms such as government procurement of services, gives priority to encouraging and supporting those that employ green pest management technologies.

Professional organizations shall meet the following conditions:

1. Specialized pest and disease control service organizations shall be equipped with appropriate facilities and equipment, qualified technical personnel, field operators, and standardized management systems.

2. Specialized pest and disease control service organizations shall, in accordance with relevant laws and administrative regulations requiring registration, apply to the competent authorities for registration as prescribed by law.

3. Field operators of specialized pest and disease control service organizations shall be able to accurately identify crop pests and diseases in their service areas, possess a thorough understanding of the proper scope of application, application methods, and safety intervals for pesticides, as well as relevant knowledge of fieldwork safety precautions, and be proficient in the correct use of pesticide application equipment and related supplies for crop pest and disease management.

4. Specialized pest and disease control service organizations shall regularly organize field workers to participate in technical training.

5. Specialized pest and disease control service organizations shall jointly determine the service plan with the service recipient or enter into a service contract.

6. Specialized pest and disease control service organizations shall comply with the state’s regulations on the safe and rational use of pesticides, maintain service records, and accurately document the time, location, scope of services, as well as the name, dosage, and manufacturer of the pesticides used. Such service records shall be retained for no less than two years.

7. Specialized pest and disease control service organizations shall, in accordance with national regulations, arrange for field workers to participate in work-related injury insurance; the state encourages such organizations to provide personal accident insurance for field workers.

8. Specialized pest and disease control service organizations shall provide field workers with the necessary personal protective equipment.

However, if a specialized pest and disease control service organization fails to meet any one of the requirements set forth in items 1, 3, 6, or 8, it shall still bear the corresponding liabilities. The agricultural and rural affairs authorities of the people’s governments at or above the county level shall order it to make corrections; if it refuses to comply or the circumstances are serious, it shall be subject to a fine of no less than RMB 2,000 and no more than RMB 20,000; and if losses are incurred, it shall bear compensation liability in accordance with the law.

At present, the Regulations on the Prevention and Control of Crop Pests and Diseases (Draft for Public Comment) is being circulated for public input. The public may visit the Legal Information Website of the Chinese Government under the Ministry of Justice of the People’s Republic of China or the China Legal Service Network, or follow the Ministry of Justice’s official WeChat account to access the draft and its explanatory notes. Relevant organizations and members of the public are invited to submit their comments by August 16, 2019, through one of three channels: visiting the official website, mailing a letter, or sending an email.

Click the link below to view: Regulations on the Prevention and Control of Crop Pests and Diseases (Draft for Public Comment) The full text.

Source: Ministry of Justice, Nongcai.com Agrochemical Compendium

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