The “Administrative Measures for Specialized Pest and Disease Control Services for Crops” (Draft for Public Comment) has been released.

On January 19, the Department of Crop Production Management of the Ministry of Agriculture and Rural Affairs issued a notice soliciting public comments on the “Administrative Measures for Specialized Pest and Disease Control Services for Crops.” The details of the notice are as follows:

To implement the provisions of the Biosecurity Law of the People’s Republic of China and the Regulations on the Prevention and Control of Crop Pests and Diseases, and to further standardize professional pest and disease control services, the Department of Crop Production Management of the Ministry of Agriculture and Rural Affairs, in collaboration with the National Agricultural Technology Extension Service Center, has drafted the Measures for the Administration of Professional Pest and Disease Control Services for Crops (Draft for Public Comment). Public comments are now being solicited. The public may submit feedback through the following channels and methods; the deadline for submitting comments is February 19, 2021.

1. Email: ppq@agri.gov.cn.

2. Address: Plant Protection and Quarantine Division, Department of Crop Production Management, Ministry of Agriculture and Rural Affairs, No. 11, Nongzhan Nanli, Chaoyang District, Beijing (Postal Code: 100125).

3. Telephone: 010-59191847, 59194523, 59193376 (Fax)

Attachment: Measures for the Administration of Specialized Pest and Disease Control Services for Crops (Draft for Comments)

Administrative Measures for Specialized Pest and Disease Control Services for Crops (Draft for Public Comment)

Chapter 1 General Provisions

Article 1 [Purpose of Legislation] In order to strengthen the management of specialized pest and disease control service organizations, standardize their operations, enhance the capacity of socialized plant protection services, and improve the system for the prevention and control of crop pests and diseases, these Measures are hereby formulated in accordance with the Biosecurity Law of the People’s Republic of China, the Regulations on the Prevention and Control of Crop Pests and Diseases, and other relevant laws and regulations.

Article 2 [Definitions] For the purposes of these Measures, “professional pest and disease control services for crops” (hereinafter referred to as “professional control services”) means the provision by professional service organizations of contracted pest and disease control services to agricultural producers.

Article 3 [Division of Responsibilities] The agricultural and rural affairs authorities of people’s governments at or above the county level, together with their affiliated plant disease and pest prevention and control agencies or plant protection institutions (hereinafter referred to as “plant protection agencies”), shall be responsible for the supervision and administration of professional pest control services within their respective administrative areas. They shall strengthen the management and guidance of professional pest control service organizations and standardize their service practices.

Article 4 [Support Measures] Agricultural and rural administrative departments at or above the county level shall support specialized pest control service organizations in providing professional pest control services through government procurement of services, financial subsidies, material assistance, and other measures.

Article 5 [Principles of Operation] Specialized pest control service organizations shall conscientiously accept the supervision and guidance of the agricultural and rural affairs authorities and their affiliated plant protection agencies, and shall cooperate with the work of crop disease and pest control carried out by people’s governments at all levels and relevant departments.

Chapter 2: Management Services

Article 6 [Organizational Requirements] Specialized pest control service organizations shall possess appropriate facilities and equipment, qualified technical personnel, field operators, and standardized management systems.

Field operators of specialized pest‑management 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 pesticide use, application methods, safety intervals, and other relevant technical knowledge, as well as field‑work safety and protective measures, and be proficient in the correct operation of spraying equipment and related supplies for crop pest and disease control.

Article 7 [Registration and Filing Management] Professional pest control service providers, when conducting professional pest control services, shall file with the plant protection agency under the agricultural and rural affairs department of the county-level people’s government where the service recipient is located, and submit the following materials:

(1) Registration certificates (for legal persons) that must be obtained in accordance with applicable laws and regulations;

(2) Facilities and equipment, the number of field workers, daily operational capacity, etc.;

(3) Information on the service areas, operation schedules, and other details of the proposed specialized pest control services.

Article 8 [Information Management] Plant protection agencies under the agricultural and rural affairs authorities of the county-level people’s governments shall establish and maintain records for registered professional pest control service organizations, implement dynamic management, and keep abreast of their basic information and annual service performance within their jurisdiction.

Encourage and support the establishment of an information-based service management platform to facilitate the registration and use of such platforms by specialized pest control service providers.

Article 9 [Technical Training] The agricultural and rural affairs authorities of people’s governments at or above the county level, together with their affiliated plant protection institutions, shall conduct regular technical training for professional pest control service organizations.

Professional pest control service organizations shall regularly organize field workers and other personnel to participate in technical training.

Article 10 [Preferential Support] Professional pest control service organizations that meet the following conditions shall be given priority in undertaking government‑procured service contracts:

(1) The entity shall be registered with the relevant authorities, obtain legal person status, and file a record with the plant protection agency under the county-level agricultural and rural affairs authority at the place of registration.

(2) Possess a fixed business premises and material storage facilities that meet safety requirements;

(3) Possess no fewer than 10 field operation personnel who have completed training and are qualified;

(4) Field operation capacity shall reach at least 1,000 mu (50 mu for facility agriculture);

(5) Possesses sound management systems for personnel administration, service contract management, field operations, and record-keeping, with no adverse credit history.

Article 11 [Emergency Control and Prevention] When crop diseases and pests occur severely, the people’s governments at or above the county level and their agricultural and rural affairs authorities organize emergency control and unified prevention and control measures; specialized pest control service organizations shall cooperate accordingly.

Chapter 3: Prevention and Control Operations

Article 12 [Standardized Operations] Specialized pest and disease control service organizations shall, based on the occurrence of crop pests and diseases and the guidance provided by plant protection institutions under the agricultural and rural affairs authorities, scientifically formulate pest and disease control plans, enter into contracts with their clients, and carry out control services in accordance with both the service contract and the control plan.

Article 13 [Green Pest Control] Professional pest control service providers are encouraged to employ green pest control technologies and advanced, high-efficiency application equipment in delivering pest and disease management services.

When using pesticides, one shall comply with the state’s regulations on the safe and rational use of pesticides and strictly observe relevant provisions concerning pesticide labels, pre-harvest intervals, and the collection and disposal of pesticide packaging waste.

Article 14 [Safe Operations] When specialized pest control service providers carry out operations involving safety risks, they shall erect warning signs in the relevant areas to prevent poisoning and casualties among humans and livestock.

Professional pest‑control service organizations shall, in accordance with national regulations, pay workers’ compensation insurance premiums for field workers. Such organizations are encouraged to arrange personal accident insurance for field workers. Professional pest‑control service organizations shall provide field workers with the necessary protective equipment. Field workers shall take appropriate personal protective measures.

Article 15 [Aerial Operations] When specialized pest control service providers conduct aerial pest control operations, they shall carry out a preliminary survey of the operational area and, in accordance with relevant national regulations, publicly announce the scope, timing, types of pesticides to be applied, and necessary precautions, thereby ensuring operational safety. Where flight planning or filing procedures are required, such procedures shall be carried out in compliance with applicable national regulations.

Article 16 [Safe Handling] Specialized pest control service organizations shall safely store and transport pesticides and related control materials, properly dispose of pesticide packaging waste, and prevent the contamination of the environment by toxic and hazardous substances.

Encourage specialized pest control service organizations to use bulk‑packaged pesticides and establish a system for the recycling and reuse of pesticide packaging with pesticide manufacturers and distributors.

Article 17 [Service Records] Specialized pest control service organizations shall establish service records, and shall retain such records—including service agreements, control plans, and methods for the disposal of pesticide packaging waste—for a period of no less than two years.

Specific information on the names of pest control inputs, the producing enterprises, application rates, timing, and other relevant details shall be accurately recorded by logging into the National Information Management System for Specialized Pest Control Service Organizations, thereby establishing an electronic archive.

Chapter 4: Supervision and Inspection

Article 18 [Supervision and Enforcement] The agricultural and rural affairs authorities at or above the county level shall conduct supervision and inspection of the service activities of specialized pest control service organizations. Any violation of the provisions of these Measures shall be subject to penalties in accordance with Articles 42 of the Regulations on the Prevention and Control of Crop Pests and Diseases, and Articles 60 and 61 of the Regulations on the Administration of Pesticides.

Article 19 [Dispute Resolution] In the event of disputes arising from the efficacy of pest control services or phytotoxicity incidents, the agricultural and rural affairs authorities and their affiliated plant protection agencies shall, upon application by the parties concerned, commission a qualified third-party appraisal institution or relevant experts to conduct an assessment and issue an expert opinion, and facilitate dispute mediation. The costs of such appraisal shall be borne by the applying party.

Article 20 [Assessment and Promotion] Plant protection agencies under the agricultural and rural affairs authorities at all levels shall be responsible for organizing assessments of the service capacity, service quality, and effectiveness of professional pest control service providers. They shall promote to the public and provide support to those providers that adhere to service standards and enjoy a good reputation.

Chapter V Supplementary Provisions

Article 21 [Centralized Management] This Measures shall be interpreted by the Ministry of Agriculture and Rural Affairs.

Article 22 [Effective Date] These Measures shall come into force as of * month * , 2021. The “Administrative Measures for the Professional and Unified Prevention and Control of Crop Pests and Diseases,” issued by the former Ministry of Agriculture on August 1, 2011, shall be repealed concurrently.

Source: Department of Crop Production, Ministry of Agriculture and Rural Affairs