Premier Li Keqiang signed a State Council order promulgating the revised Regulations on the Prevention and Control of Crop Pests and Diseases.

On March 26, 2020, Premier Li Keqiang of the State Council signed Order No. 725 of the People’s Republic of China, promulgating the revised Regulations on the Prevention and Control of Crop Pests and Diseases (hereinafter referred to as the “Regulations”), which shall enter into force on May 1, 2020.

Crop pest and disease management refers to the monitoring and forecasting, prevention and control, emergency response, and related supervisory and administrative activities undertaken to manage harmful organisms—such as pathogens, pests, weeds, and rodents—that threaten crops and their products.

The revision of the Regulations is of great significance for preventing and controlling crop diseases and pests, safeguarding national food security and the quality and safety of agricultural products, protecting the ecological environment, and promoting sustainable agricultural development.

The full text of the regulation is as follows:
 

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 sustainable agricultural development.

Article 2: For the purposes of these Regulations, “prevention and control of crop diseases and pests” refers to the monitoring and forecasting, prevention and control, emergency response, and other related activities, as well as their supervision and administration, aimed at managing harmful organisms—such as pathogens, insects, weeds, and rodents—that threaten 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 pest management, while upholding government leadership, local responsibility, categorized management, science-and‑technology support, and green control measures.

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 an annual basis or that may cause particularly severe losses to agricultural production. The corresponding list shall be formulated and promulgated by the competent department of agriculture and rural affairs under the State Council.

(2) Category II agricultural pests and diseases refer to those that occur over large areas on a year-round 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 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 pests and diseases 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 and technological innovation in the prevention and control of crop pests and diseases, the commercialization of research findings, and their lawful promotion and application; it also promotes the widespread use of information technology and biotechnology, and advances the intelligent, professional, and environmentally friendly management of crop pest and disease control.

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 pesticide‑application machinery and safe, efficient, and cost‑effective pesticides.

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, by any other means, 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 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 the 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 local 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 making truthful reports.

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 regulations 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 occurrence of pests and diseases, including the types, timing, geographic extent, severity, and recommended preventive and control measures.

Article 17 Foreign organizations and individuals shall not conduct crop pest and disease monitoring activities within the territory of the People’s Republic of China. If such activities are indeed necessary, they shall be carried out jointly 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, in compliance with 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, historical patterns of disease and pest occurrence, monitoring and forecasting data, and emerging trends. Its content encompasses prevention and control objectives, priority areas, threshold levels for intervention, specific preventive and control measures, and supporting safeguards.

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 carry out monitoring and assessment of pesticide resistance in such pests and diseases, and provide agricultural producers with training, guidance, and services on technologies for the prevention and control of crop pests and diseases.

The state encourages and supports research institutions, relevant educational establishments, farmer professional cooperatives, enterprises, industry associations, and other entities and individuals in conducting research on and legally promoting green pest control technologies.

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 carry out 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, implementing seed treatment measures such as coating, seed dressing, and disinfection, and adopting sound cultivation and management practices—including rational crop rotation, deep tillage and weeding, mulching for weed control, soil disinfection, and the removal of diseased or residual plant material—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 or pests occur, agricultural producers and other relevant entities and individuals shall promptly implement control measures to prevent their spread. If a severe outbreak or epidemic of crop diseases or pests is detected, they shall promptly report it to the agricultural and rural affairs department of the people’s government at the county level where the outbreak has occurred.

Article 24: When relevant entities and individuals apply pesticides for the control of crop diseases and pests, they shall comply with the regulations on the safe and rational use of pesticides and use such pesticides strictly in accordance with the label or instructions.

When weeding agricultural fields, care must be taken to prevent herbicides from harming the current and subsequent crops; when controlling rodent populations in farmland, precautions should be taken to ensure that rodenticides do not pose a risk to human and animal health.

Article 25: 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 wastelands shall be controlled under the organization of the local people’s governments at or above the county level.

Article 26: When rodent damage to farmland becomes severe, the people’s governments at or above the county level shall organize and implement unified rodent-control measures.

Article 27: The agricultural and rural affairs authorities of local people’s governments at or above the county level shall organize and carry out the compilation and reporting of surveys on crop pest and disease outbreaks, promptly submitting such information to their respective people’s governments and to the agricultural and rural affairs authorities of the next higher level, with a copy sent to the emergency management department of the same level.

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 in consultation with the emergency management departments of the same-level people’s governments; no other organizations or individuals may disclose such information to the public.

Article 28 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 29 The agricultural and rural affairs department under the State Council shall establish an emergency response and handling mechanism for the prevention and control of crop diseases and pests, and formulate emergency plans.

People’s governments at or above the county level and their relevant departments shall, in accordance with the emergency response needs for crop diseases and pests within their administrative areas, organize the formulation of emergency response plans, conduct emergency‑response training and drills, and stockpile the necessary emergency supplies.

Article 30: When outbreaks of crop diseases and pests occur, the people’s governments at or above the county level shall immediately activate the emergency response and take the following measures:

(1) Define the scope and area of emergency response;

(2) Organize and deploy emergency response teams;

(3) Activate emergency reserve medications, machinery, and other supplies;

(4) Organize emergency response operations.

Article 31: The relevant departments of the people’s governments at or above the county level shall, within the scope of their respective responsibilities, ensure the effective implementation of emergency response measures for crop diseases and pests.

The competent authorities in public security, transportation, and other relevant sectors shall provide facilitative conditions for the dispatch and transport 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 agency shall furnish meteorological information services to support such emergency efforts.

Article 32 During the emergency response to crop diseases and pests, local people’s governments at or above the county level may, as necessary and in accordance with the law, requisition essential materials, transportation vehicles, and relevant facilities and equipment. Upon completion of the emergency response, such items shall be promptly returned, and compensation shall be provided for any damage or loss.

Chapter 5: Specialized Services

Article 33 The State shall, through government procurement of services and other measures, encourage and support specialized pest and disease control service organizations, and shall encourage such organizations to 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 34: Specialized pest and disease control service organizations shall possess the requisite facilities and equipment, technical personnel, field operators, and standardized management systems.

Professional pest and disease control service organizations that, in accordance with relevant laws and administrative regulations, are required to register shall, in accordance with the law, apply for registration with the competent departments of the people’s governments at or above the county level.

Article 35: Field workers of specialized pest and disease control service organizations shall be able to accurately identify crop pests and diseases in the service area, possess a thorough understanding of the applicable scope, application methods, and safety intervals of pesticides, as well as knowledge of field‑work safety and protective measures, and be proficient in the proper use of pesticide‑application equipment and related supplies for pest and disease control. Specialized pest and disease control service organizations shall regularly arrange for their field workers to participate in technical training.

Article 36: Specialized pest and disease control service organizations shall, in consultation with the service recipients, formulate a service plan or enter into a service contract.

Professional 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, and scope of services, as well as information on the names, application rates, manufacturers, and disposal methods of pesticide packaging waste. Such service records shall be retained for no less than two years.

Article 37: Specialized pest and disease control service organizations shall, in accordance with relevant state regulations, pay workers’ compensation insurance premiums for field workers. The State encourages such organizations to arrange personal accident insurance for field workers.

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

Article 38: 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, timing, types of pesticides to be applied, and necessary precautions; where flight planning or filing procedures are required, such procedures shall be carried out in compliance with applicable national regulations.

Chapter VI Legal Liability

Article 39: 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 40: 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 authority of the people’s government at or above the county level to cease the unlawful conduct, with a deadline for restoring the original condition or taking other remedial measures; a fine of no more than RMB 50,000 may also be imposed. 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 41: 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 5,000 and no more than RMB 50,000 by the agricultural and rural affairs authority of the people’s government at or above the county level; if the circumstances are serious, a fine of no less than RMB 50,000 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 or 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) Aerial operations for the prevention and control of crop diseases and pests were conducted without public notice in accordance with relevant national regulations.

Article 42: 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 authority 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) Its field workers are unable to correctly identify crop diseases and pests in the service area, or lack adequate expertise regarding the scope of pesticide application, application methods, pre-harvest intervals, and other relevant technical knowledge, as well as field safety precautions; furthermore, they cannot properly operate pesticide‑application equipment or use related supplies for crop disease and pest control.

(3) Failure to establish or maintain service records as required;

(4) Necessary protective equipment has not been provided to field workers.

Article 43: 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 monitoring 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 circumstances, 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 44: The prevention and control of pests and diseases in stored grain shall be carried out in accordance with the provisions of relevant laws and administrative regulations.

Article 45 This Regulation shall come into force on May 1, 2020.

Source: Chinese Government Website