Pesticide product registration is becoming increasingly difficult, and products falling under any of these 11 circumstances face the risk of cancellation or revocation.

Release Date:

2018-06-13

Pesticides are a special category of products that must undergo rigorous scientific testing and comprehensive evaluation before they can be approved and brought to market. Under the new legal and regulatory framework for pesticides, obtaining registration has become increasingly challenging, making it all the more critical to maintain existing registration certificates. However, the author would like to caution that, in the following 11 circumstances, a product may face the risk of cancellation or revocation: (1) If the validity period expires without renewal, the corresponding pesticide registration certificate shall be canceled. (2) If the holder of a pesticide registration certificate is legally dissolved or no longer meets the qualifications of a pesticide registration applicant, the pesticide registration certificate shall be canceled. (3) If the pesticide registration dossier has been lawfully transferred…

　　 Pesticide It is a special type of product that must undergo rigorous scientific testing and comprehensive evaluation before it can be approved and brought to market. New… Pesticide Under the legal and regulatory management system, Pesticide Obtaining product registration is becoming increasingly difficult, making it all the more critical to maintain existing registration certificates. However, the author would like to remind everyone that products face the risk of being cancelled or revoked under the following 11 circumstances.
　　(1) If the validity period has expired and no renewal has been applied for, the corresponding [item] shall be cancelled. Pesticide Registration certificate.
　　(2) Pesticide The holder of the registration certificate has been legally terminated or does not possess Pesticide Cancel the registration of the applicant’s eligibility. Pesticide Registration certificate.
　　(3) Pesticide Where the registration information has been lawfully transferred, the corresponding entry shall be cancelled. Pesticide Registration certificate.
　　(4) Not obtained Pesticide Production license production Pesticide Or produce counterfeits. Pesticide The competent agricultural authority of the local people’s government at or above the county level shall order a cessation of production, confiscate the illegal gains, the illegally produced products, and the tools, equipment, raw materials, and other items used in the illegal production. If the value of the illegally produced products is less than RMB 10,000, a fine of no less than RMB 50,000 but no more than RMB 100,000 shall be imposed; if the value exceeds RMB 10,000, a fine of not less than ten times but not more than twenty times the value of the products shall be imposed, and the licensing authority shall revoke the relevant license. Pesticide Production license and the corresponding Pesticide Registration certificate; where the conduct constitutes a crime, criminal liability shall be pursued in accordance with the law.
　　(5) Pesticide Manufacturing enterprises produce substandard products. Pesticide The agricultural administrative department of the local people’s government at or above the county level shall order the cessation of production, confiscate the illegal gains, the illegally produced products, and the tools, equipment, raw materials, and other items used in the illegal production. If the value of the illegally produced products is less than RMB 10,000, a fine of RMB 10,000 to RMB 50,000 shall be imposed; if the value exceeds RMB 10,000, a fine of more than five times but not more than ten times the value of the products shall be imposed. In cases of serious circumstances, the licensing authority shall revoke the license. Pesticide Production license and the corresponding Pesticide Registration certificate; where the conduct constitutes a crime, criminal liability shall be pursued in accordance with the law.
　　(6) Entrusting without obtaining Pesticide Processing and repackaging by the licensee of the production license Pesticide , or entrust processing or repackaging of counterfeit products Pesticide , poor quality Pesticide Yes, both the principal and the trustee shall be punished in accordance with the provisions of paragraph 1 (Article 4 of this Article) and paragraph 3 (Article 5 of this Article).
　　(7) Pesticide If a manufacturing enterprise engages in 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 the illegal gains, the illegally produced products, and the raw materials used in the illegal production; where the value of the illegally produced products is less than RMB 10,000, a fine of RMB 10,000 to RMB 20,000 shall be imposed; where the value exceeds RMB 10,000, a fine of more than twice but not more than five times the value of the products shall be imposed. If the enterprise refuses to make corrections or the circumstances are serious, the licensing authority shall revoke its license. Pesticide Production license and the corresponding Pesticide Registration Certificate: ① Procurement and use of raw materials that, in accordance with the law, are not accompanied by a certificate of product quality inspection or have not obtained the relevant permits; ② Factory‑issued sales of products that have not passed quality inspection and been issued a certificate of product quality inspection. Pesticide ; ③ Production of Pesticide Packaging, labeling, and instruction manuals do not comply with the relevant regulations; ④ Failure to recall products that are required by law to be recalled. Pesticide 。
　　(8) Pesticide Manufacturing enterprises fail to comply with the procurement of raw materials, Pesticide The factory sales record-keeping system, or failure to comply with it Pesticide Where there is an obligation to recycle waste, the agricultural administrative department of the people’s government at or above the county level shall order rectification and impose a fine of no less than RMB 10,000 but no more than RMB 50,000; if the party refuses to rectify or the circumstances are serious, the licensing authority shall revoke the license. Pesticide Production license and the corresponding Pesticide Registration certificate.
　　(9) Foreign enterprises selling directly in China Pesticide Yes, the agricultural administrative department of the local people’s government at or above the county level shall order a cessation of sales and confiscate the illegal gains and illegally operated items. Pesticide and tools, equipment, etc. used for illegal business activities, the illegally operated… Pesticide For cases where the value of the goods is less than RMB 50,000, a fine of not less than RMB 50,000 but not more than RMB 500,000 shall be imposed; for cases where the value of the goods is RMB 50,000 or more, a fine of not less than ten times but not more than twenty times the value of the goods shall be imposed, and the licensing authority shall revoke the license. Pesticide Registration certificate.
　　(10) Obtain Pesticide Foreign enterprises holding registration certificates exporting substandard products to China Pesticide Serious circumstances or export of counterfeit goods Pesticide , shall have the relevant license revoked by the agricultural administrative department under the State Council. Pesticide Registration certificate.
　　(11) Forging, altering, transferring, leasing, or lending Pesticide Registration certificate, Pesticide Production license, Pesticide Where permits or other licensing documents are involved, the issuing authority shall confiscate or revoke such documents, seize any illegal gains, and impose a fine of no less than RMB 10,000 but no more than RMB 50,000; if the conduct constitutes a crime, criminal liability shall be pursued in accordance with the law.