Major News: The State Council has approved the draft Regulations on the Prevention and Control of Crop Pests and Diseases.

Release Date:

2020-03-20

　On March 17, Premier Li Keqiang presided over an executive meeting of the State Council, which outlined measures to further advance the “delegation, regulation, and service” reform, foster and strengthen new growth drivers, and promote stable employment. The meeting also called for accelerating the resumption of work and production on major investment projects to effectively address shortcomings and improve people’s livelihoods.
　　At the meeting, the Regulations on the Prevention and Control of Crop Pests and Diseases (Draft) were adopted, clearly defining the responsibilities of governments at all levels, relevant departments, and agricultural producers. The draft further refines and improves the comprehensive prevention-and-control framework—covering monitoring and forecasting, preventive measures, and emergency response—thereby providing a legal foundation for agricultural development, particularly for effectively managing major pest and disease outbreaks this year and ensuring stable grain production.
　　 Pesticide It is one of the important measures for protecting crops from diseases and pests, “2020…” Pesticide The “Key Points of Management Work” states that enterprises should be encouraged to undergo mergers and reorganizations, with a number of small, less competitive firms being phased out. Pesticide Enterprises. At the same time, control the number of newly established enterprises and urge the relevant… Pesticide Enter chemical or industrial parks in accordance with regulations, and encourage the development of high-efficiency, low-risk operations. Pesticide , phasing out outdated production capacity that is highly polluting and high-risk. The passage of this bill has paved the way for standardized production. Pesticide Enterprises bring opportunities for development.
　　Regulations on the Prevention and Control of Crop Pests and Diseases
　　(Draft for Public Comment)
　　Chapter I General Provisions
　　Article 1 This Regulation is enacted to prevent and control crop diseases and pests, safeguard national food security and the quality and safety of agricultural products, protect the ecological environment, and promote the sustainable development of agriculture.
　　Article 2 This Regulation applies to activities related to the monitoring and forecasting, prevention and control, and emergency response concerning crop diseases and pests, as well as to the supervision and administration thereof.
　　For the purposes of these Regulations, “crop pests and diseases” refers to diseases, insects, weeds, rodents, mollusks, and other harmful organisms that damage crops and their products.
　　Article 3: The prevention and control of crop diseases and pests shall follow the principle of prioritizing prevention and adopting integrated management, while upholding categorized administration, government leadership, local responsibility, and green pest control.
　　Article 4: In accordance with the characteristics of crop diseases and pests and the degree of their harm to agricultural production, crop diseases and pests shall be classified into the following three categories:
　　(1) Category I agricultural pests and diseases refer to those that occur over exceptionally large areas on a year-round basis or that may cause particularly severe losses to agricultural production. The list of such pests and diseases shall be formulated and published by the competent agricultural and rural affairs department under the State Council.
　　(2) Category 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 shall be formulated and promulgated by the agricultural and rural affairs authorities of the people’s governments of provinces, autonomous regions, and municipalities directly under the central government, and filed with the agricultural and rural affairs authority of the State Council.
　　(3) Category III crop pests and diseases refer to all crop pests and diseases other than those classified as Category I or Category II.
　　Newly discovered crop pests and diseases that may cause significant or particularly significant losses to agricultural production shall, pending their classification, be managed in accordance with the standards applicable to Category I crop pests and diseases.
　　Article 5: People’s governments at or above the county level shall strengthen organizational leadership over the prevention and control of crop diseases and pests, and include funding for such work in their respective government budgets.
　　Article 6 The agricultural and rural affairs department under the State Council is responsible for the supervision and administration of crop pest and disease control nationwide. The agricultural and rural affairs departments of local people’s governments at or above the county level are responsible for the supervision and administration of crop pest and disease control within their respective administrative areas.
　　Other relevant departments of people’s governments at or above the county level shall, in accordance with their respective responsibilities, perform tasks related to the prevention and control of crop diseases and pests.
　　The people’s government of a township shall assist the relevant departments of the higher-level people’s government in carrying out publicity, mobilization, and organizational work related to the prevention and control of crop diseases and pests within its administrative area.
　　Article 7: The agricultural and rural affairs authorities of people’s governments at or above the county level shall organize plant protection agencies to carry out technical work related to the prevention and control of crop diseases and pests.
　　Article 8 Agricultural producers and other relevant entities and individuals shall carry out effective control of crop diseases and pests within their respective production and business areas, and shall cooperate with the prevention and control efforts undertaken by people’s governments at all levels and the relevant departments.
　　Rural collective economic organizations and village committees shall cooperate with people’s governments at all levels and relevant departments in carrying out the prevention and control of crop diseases and pests.
　　Article 9 The State encourages and supports scientific research on the prevention and control of crop pests and diseases, promotes the application of advanced and practical scientific findings, and disseminates knowledge on the prevention and control of crop pests and diseases.
　　The state encourages and supports international cooperation and exchanges in the prevention and control of crop pests and diseases.
　　Article 10: The State encourages and supports the use of green pest control technologies such as ecological management, healthy cultivation, biological control, and physical control, as well as advanced application equipment and safe, efficient, and economical… Pesticide 。
　　Article 11: Units and individuals that have made outstanding contributions to the prevention and control of crop diseases and pests shall be commended in accordance with relevant state regulations.
　　Chapter 2: Monitoring and Forecasting
　　Article 12 The State shall establish a monitoring system for crop diseases and pests. The agricultural and rural affairs department under the State Council shall be responsible for formulating the national plan for the development of the crop disease and pest monitoring network and for organizing its implementation. The agricultural and rural affairs departments of the people’s governments of provinces, autonomous regions, and municipalities directly under the central government shall be responsible for formulating the plans for the development of the crop disease and pest monitoring networks within their respective administrative areas and for organizing their implementation.
　　The agricultural and rural affairs authorities of people’s governments at or above the county level shall strengthen the management of the crop pest and disease monitoring network.
　　Article 13 No organization or individual may encroach upon, damage, dismantle, or arbitrarily relocate facilities and equipment for monitoring crop pests and diseases, nor may they otherwise interfere with the normal operation of such facilities and equipment.
　　New construction, renovation, or expansion projects shall avoid agricultural pest and disease monitoring facilities and equipment. Where avoidance is genuinely impossible and such facilities and equipment must be dismantled, the competent agricultural and rural affairs department of the people’s government at or above the county level shall organize their relocation in accordance with relevant technical requirements, with the relocation costs borne by the project developer.
　　In the event of damage to facilities and equipment for monitoring crop diseases and pests, the agricultural and rural affairs authorities of people’s governments at or above the county level shall promptly organize their repair or reconstruction.
　　Article 14 The agricultural and rural affairs authorities of the people’s governments at or above the county level shall organize and carry out monitoring of crop diseases and pests. Such monitoring shall include the following:
　　(1) The types, timing, extent, and severity of crop diseases and pests;
　　(2) The main natural enemies of the pest, their distribution, and the dynamics of their population fluctuations;
　　(3) Field climatic conditions that influence the occurrence of crop diseases and pests;
　　(4) Other items requiring monitoring.
　　The technical specifications for monitoring crop diseases and pests shall be formulated by the agricultural and rural affairs authorities of people’s governments at or above the provincial level.
　　Agricultural producers and other relevant entities and individuals shall cooperate in carrying out monitoring of crop diseases and pests.
　　Article 15: The agricultural and rural affairs authorities of people’s governments at or above the county level shall, in accordance with the provisions of the agricultural and rural affairs authority of the State Council, promptly report crop pest and disease monitoring information to their superior agricultural and rural affairs authorities.
　　No organization or individual may conceal or falsely report monitoring information on crop diseases and pests, instruct others to fabricate false information, or obstruct others from reporting truthfully.
　　Article 16: The agricultural and rural affairs authorities of people’s governments at or above the county level shall, on the basis of a comprehensive analysis of monitoring results, issue forecasts of crop diseases and pests in accordance with the provisions of the agricultural and rural affairs authority under the State Council. No other organizations or individuals may publicly release such forecasts.
　　Crop pest and disease forecasts encompass information on the timing, species, geographic extent, severity of occurrence or potential occurrence, as well as preventive and control measures.
　　Article 17 Foreign organizations and individuals shall not conduct monitoring activities for crop pests and diseases within the territory of the People’s Republic of China. If such activities are indeed necessary, they shall be jointly conducted by relevant domestic entities under the organization of the agricultural and rural affairs authorities of the people’s governments at or above the provincial level, and shall comply with the provisions of applicable laws and regulations.
　　No organization or individual may, without authorization, disclose unpublished monitoring information on crop diseases and pests to overseas organizations or individuals.
　　Chapter 3: Prevention and Control
　　Article 18 The agricultural and rural affairs department under the State Council shall organize the formulation of a national plan for the prevention and control of crop pests and diseases, while the agricultural and rural affairs departments of local people’s governments at or above the county level shall organize the formulation of plans for the prevention and control of crop pests and diseases within their respective administrative areas.
　　The plan for the prevention and control of crop diseases and pests is formulated based on factors such as agricultural production conditions, climatic conditions, the historical incidence of crop diseases and pests, monitoring and forecasting data, and emerging trends. Its contents encompass prevention and control objectives, priority areas, preventive and control measures, and supporting measures.
　　Article 19: The agricultural and rural affairs authorities of people’s governments at or above the county level shall improve the system for the prevention and control of crop pests and diseases, organize and conduct monitoring and assessment of pesticide resistance in such pests and diseases, and provide agricultural producers with training, guidance, and services on the prevention and control of crop pests and diseases.
　　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 technologies for the prevention and control of crop diseases and pests.
　　For personnel engaged in the prevention and control of crop diseases and pests who are exposed to toxic or hazardous substances, the relevant authorities shall organize appropriate safety protection measures and provide allowances and subsidies in accordance with applicable national regulations.
　　Article 20: The agricultural and rural affairs authorities of people’s governments at or above the county level shall, in areas where crop pests and diseases breed and at their source zones, organize and implement ecological management measures such as crop conversion, vegetation restoration, and environmental improvement, adjust cropping patterns, and prevent the breeding and spread of crop pests and diseases.
　　Article 21: The agricultural and rural affairs authorities of people’s governments at or above the county level shall guide agricultural producers in selecting disease- and pest-resistant varieties and in adopting practices such as seed coating, seed treatment, and disinfection. seed Control measures include implementing sound cultivation practices such as rational crop rotation, soil disinfection, and removal of diseased or dead plant residues to prevent crop diseases and pests.
　　Article 22: Those engaged in activities such as the research, rearing, propagation, transportation, and exhibition of crop pests and diseases shall take measures to prevent their escape or spread.
　　Article 23: When crop diseases and pests occur, agricultural producers and other relevant entities and individuals shall promptly implement control measures to prevent their spread. In the event of a severe outbreak or epidemic of crop diseases and pests, they shall promptly report such occurrences to the competent department of agriculture and rural affairs under the people’s government at the county level where the outbreak has been detected.
　　Article 24: When crop diseases and pests occur severely, the agricultural and rural affairs authorities of the 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.
　　When Class I crop pests and diseases occur severely, the agricultural and rural affairs authority under the State Council shall provide comprehensive coordination and guidance for control efforts. When Class II or Class III crop pests and diseases occur severely, 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 wasteland shall be controlled under the organization of the local people’s governments at or above the county level.
　　Article 25: The agricultural and rural affairs authorities of people’s governments at or above the county level shall organize and carry out the compilation and summarization of disaster assessment reports, and promptly report disaster information to their respective people’s governments and to the agricultural and rural affairs authorities of the next higher-level people’s government.
　　Information on crop diseases and pest 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 make such information public.
　　Article 26 The State encourages and supports insurance institutions in conducting insurance business related to the prevention and control of crop diseases and pests, and encourages and supports agricultural producers and other relevant entities and individuals to participate in such insurance.
　　Chapter 4: Emergency Response
　　Article 27: People’s governments at or above the county level and their relevant departments shall, in accordance with the needs of emergency response to crop diseases and pests, formulate emergency plans, conduct emergency‑response training and drills, and stockpile necessary emergency supplies.
　　Article 28: When outbreaks of crop diseases and pests occur, the people’s governments at or above the county level shall immediately activate the emergency response plan and take the following measures:
　　(1) Define the scope and area of emergency response;
　　(2) Organize and mobilize emergency response teams;
　　(3) Activate emergency reserve medications, machinery, and other supplies;
　　(4) Organize emergency response operations.
　　Article 29: The relevant departments of the people’s governments at or above the county level shall, within the scope of their respective duties, ensure the effective implementation of emergency response measures for crop diseases and pests.
　　The public security, transport, and other competent authorities shall provide facilitative conditions for the dispatch and transportation of materials required for emergency response; the civil aviation authority shall accord priority support to aviation operations undertaken in the course of emergency response; and the meteorological authority shall furnish meteorological information services to support emergency response efforts.
　　Article 30 During the emergency response to crop diseases and pests, people’s governments at or above the county level may, in accordance with law, requisition necessary materials, transportation vehicles, and relevant facilities and equipment, and shall promptly return them and provide compensation upon completion of the emergency response.
　　Chapter 5: Specialized Services
　　Article 31 The State shall encourage and support specialized pest and disease control service organizations, and, through mechanisms such as government procurement of services, give priority to encouraging and supporting those organizations that employ green pest management technologies.
　　The agricultural and rural affairs authorities of people’s governments at or above the county level shall strengthen the standardization and management of specialized pest and disease control service organizations, and provide them with technical training, guidance, and services.
　　Article 32: Specialized pest and disease control service organizations shall possess the requisite facilities and equipment, technical personnel, field operators, and standardized management systems.
　　In accordance with relevant laws and administrative regulations, specialized pest and disease control service organizations shall, in compliance with the law, apply for registration with the competent authorities.
　　Article 33: Field personnel of specialized pest and disease control service organizations shall be able to accurately identify crop pests and diseases in the service area and possess a thorough understanding of… Pesticide Professional knowledge regarding scope of application, application methods, safety intervals, and field‑work safety precautions; proper operation of pesticide‑application equipment; and the use of products related to the control and management of crop diseases and pests.
　　Specialized pest and disease control service organizations shall regularly organize field workers to participate in technical training.
　　Article 34: Specialized pest and disease control service organizations shall, in consultation with their clients, formulate a service plan or enter into a service contract.
　　Professional pest and disease control service organizations shall comply with relevant national regulations. Pesticide A system for safe and reasonable use shall be established, along with service records that accurately document the time, location, content, and manner of service utilization. Pesticide Information such as the name, dosage, and manufacturer. Service records shall be retained for no less than two years.
　　Article 35: Specialized pest and disease control service organizations shall, in accordance with State 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.
　　Specialized pest and disease control service organizations shall provide field workers with the necessary personal protective equipment.
　　Article 36: When specialized pest and disease control service organizations conduct aerial operations for the prevention and control of crop pests and diseases, they shall, in accordance with relevant national regulations, publicly announce the scope and timing of such operations, the types of pesticides to be applied, and any precautions to be observed. Where flight planning or filing procedures are required, they shall comply with the relevant national provisions.
　　Chapter VI Legal Liability
　　Article 37: Where the people’s governments at all local levels, the relevant departments of the people’s governments at or above the county level, and their staff members engage in any of the following acts, the responsible leading personnel and those directly responsible shall be subject to disciplinary sanctions in accordance with the law; if such acts constitute a crime, criminal liability shall be pursued in accordance with the law:
　　(1) Failing to perform duties in accordance with the provisions of these Regulations;
　　(2) Concealing or falsely reporting monitoring information on crop diseases and pests; instructing others to fabricate false information; or obstructing others from making truthful reports.
　　(3) Unauthorized provision of unpublished crop pest and disease monitoring information to overseas organizations or individuals;
　　(4) Other acts of abuse of power, dereliction of duty, or corruption for personal gain.
　　Article 38: Any violation of the provisions of these Regulations involving the occupation, damage, demolition, unauthorized relocation of agricultural pest and disease monitoring facilities and equipment, or any other act that obstructs the normal operation of such facilities and equipment, shall be subject to an order from the agricultural and rural affairs department of the people’s government at or above the county level to cease the unlawful conduct, to restore the original condition within a specified time limit or to take other remedial measures, and may be subject to a fine of no more than RMB 50,000. If losses are caused, the responsible party shall bear liability for compensation in accordance with law; if the conduct constitutes a crime, criminal liability shall be pursued in accordance with law.
　　Article 39: Any person who, in violation of the provisions of these Regulations, engages in any of the following acts shall be subject to a fine of no less than RMB 2,000 and no more than RMB 20,000 by the agricultural and rural affairs authority of the people’s government at or above the county level; in cases of serious circumstances, a fine of no less than RMB 20,000 and no more than RMB 100,000 shall be imposed; if losses are caused, the responsible party shall bear liability for compensation in accordance with law; and if the act constitutes a crime, criminal liability shall be pursued in accordance with law.
　　(1) Unauthorized release to the public of forecasts on crop diseases and pests, as well as information on disaster situations;
　　(2) Engaging in activities such as research, rearing, breeding, transportation, and exhibition of crop pests and diseases without taking effective measures, thereby causing the escape or spread of such pests and diseases;
　　(3) Conducting aerial operations for the prevention and control of crop diseases and pests without prior public notice, or with notice that does not comply with relevant national regulations.
　　Article 40: If a specialized pest and disease control service organization engages in any of the following acts, it shall be ordered by the agricultural and rural affairs department of the people’s government at or above the county level to make corrections; if it refuses to correct such acts 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 caused, it shall bear liability for compensation in accordance with law:
　　(1) Lacking the requisite facilities and equipment, technical personnel, field workers, and standardized management systems;
　　(2) Field workers are unable to correctly identify crop diseases and pests in the service area, nor can they properly master… Pesticide Professional knowledge regarding scope of application, application methods, safety intervals, and field‑work safety precautions; or failure to operate pesticide‑application equipment correctly and to use crop pest‑and‑disease control products appropriately.
　　(3) No service records have been established;
　　(4) Necessary protective equipment has not been provided to field workers.
　　Article 41: Where overseas organizations or individuals, in violation of the provisions of these Regulations, conduct monitoring activities on crop diseases and pests within the territory of China, the agricultural and rural affairs authorities of the people’s governments at or above the county level shall order them to cease such activities, confiscate the monitoring data and equipment, and impose a fine of no less than RMB 100,000 but no more than RMB 500,000; in cases of serious violations, a fine of no less than RMB 500,000 but no more than RMB 1 million shall be imposed; if the conduct constitutes a crime, criminal liability shall be pursued in accordance with law.
　　Chapter VII Supplementary Provisions
　　Article 42 This Regulation shall come into force as of [Year] [Month] [Day].