Sales suspended immediately! Criminal liability will be pursued! These “red lines” related to agricultural inputs must not be crossed!
Release Date:
2022-08-15
Since 2022, agricultural comprehensive administrative law enforcement agencies at all levels in Hebei Province have adhered to the “1-2-3-4” working approach, focusing on three key priorities, closely monitoring three major regions, and winning three critical battles. By prioritizing critical issues, addressing pressing concerns, overcoming difficult challenges, and advancing steadily, they have strengthened enforcement efforts in accordance with laws and regulations, uncovering and investigating a number of violations related to counterfeit agricultural inputs and the quality and safety of agricultural products. Following careful screening, the following typical cases are hereby made public:
I. Typical Cases of Counterfeit Agricultural Inputs
1. A certain agricultural input sales department in Wen’an County, Langfang City (operated by Xiao) sold products that should have been approved but had not been. Corn seed Case. On April 21, 2022, during an enforcement inspection of a certain agricultural input sales outlet (owned by Mr. Xiao), law enforcement officers from the Wen’an County Bureau of Agriculture and Rural Affairs discovered a product labeled “**203,” purportedly manufactured by a certain agro‑industry limited liability company. Corn seed Suspected of violating the law. Upon investigation, it was found that this… seed Production License No. B(*) Nongzhong Xu Zi (2018) No. **32; Approval Number *Shen Yu 20****01. Suitable for cultivation in Gansu Province and other regions with an effective accumulated temperature of 2,600°C or higher; also suitable for spring sowing in northwestern areas such as Xinjiang, Inner Mongolia, Ningxia, and Shaanxi. Corn Planted in the cultivation area. This seed The suitable planting area does not include the Langfang region. According to the “General Office of the Ministry of Agriculture and Rural Affairs on…” seed “Opinions on the Application of Relevant Provisions of the Law” constitute an act of promoting and selling crop varieties that should have undergone examination but have not. The case in question… seed The value of the case is RMB 1,200, and the illegal gains amount to RMB 90. The party’s conduct violates the provisions of… seed In accordance with the provisions of Article 23, Paragraph 1 of the Law, pursuant to… seed In accordance with Article 78, Paragraph 1, Item 1 of the Law and by reference to the “Hebei Province Standards for Discretionary Powers in Agricultural Administrative Penalties (Fertilizer Section),” the Wen’an County Bureau of Agriculture and Rural Affairs has ordered the party concerned to immediately cease the sale of “**203.” Corn seed , confiscate the illegal “**203” Corn seed 37 bags; confiscation of illegal gains totaling 90 yuan; and a fine of 20,000 yuan.
2. Sun, a resident of Qinhuangdao City, engaged in unlicensed production and business operations. Pesticide Case. On January 5, 2022, the Qinhuangdao Municipal Agricultural Comprehensive Administrative Law Enforcement Detachment received a report alleging that, in a certain village, in a specific building, unit, and room, someone was engaged in processing, production, and business operations. Pesticide On January 8, 2022, the Qinhuangdao Municipal Bureau of Agriculture and Rural Affairs, in collaboration with the Market Supervision Administration and the Public Security Bureau, conducted a joint surprise inspection. The investigation revealed that the party concerned, Sun Moumou, had not obtained the requisite permits. Pesticide Production and business licenses that have not been obtained in accordance with the law. Pesticide Registration Certificate Production Pesticide , suspected of manufacturing counterfeit and substandard products Pesticide . The party’s illegal gains amounted to 360 yuan, and the illegally produced… Pesticide The total value of the products amounts to RMB 124,461.50. Given the substantial amount involved, in accordance with Article 27, Paragraph 1 of the Administrative Penalty Law and Article 3 of the Regulations on the Transfer of Cases Involving Suspected Criminal Offenses by Administrative Enforcement Agencies, the Qinhuangdao Municipal Bureau of Agriculture and Rural Affairs has legally referred the case to the public security authorities for criminal prosecution.
3. Case involving the sale of counterfeit veterinary drugs by a biotechnology company in Shijiazhuang City. On May 9, 2022, during an enforcement inspection, agricultural administrative law enforcement officers in Shijiazhuang discovered that the “Ma Xing Shi Gan Granules” product marketed by the company contained claims such as “antibacterial, anti-inflammatory, and antiviral” for treating animal diseases, thus qualifying it as a veterinary drug. Additionally, the package insert for “Sodium Sulfamonomethoxine Injection” listed indications including “primarily used for swine infectious pleuropneumonia, Haemophilus parasuis disease, porcine sudden high fever, streptococcosis, swine pneumonia, atrophic rhinitis, blue ear disease, circovirus disease, and asthma,” which, upon comparison with the national standards for veterinary drugs, exceeded the prescribed scope. In accordance with Article 47, Paragraph 2, Items 2 and 5 of the Regulations on the Administration of Veterinary Drugs, both products were classified as counterfeit veterinary drugs.
Upon investigation, it was found that on October 16, 2020, the party purchased eight cartons of “Maxing Shigan Granules” and sold one carton; on January 14, 2022, the party purchased 100 boxes of “Sodium Sulfamethoxypyridazine Injection” and sold 20 boxes. The value of the products involved amounted to RMB 1,906, and the illegal gains totaled RMB 302. The party’s conduct violated Article 27, Paragraph 3 of the Regulations on the Administration of Veterinary Drugs. In accordance with Article 56, Paragraph 1 of the same Regulations and by reference to the Detailed Rules on the Exercise of Discretionary Powers in Agricultural Administrative Penalties of Hebei Province (Veterinary Drug Section), the Shijiazhuang Municipal Bureau of Agriculture and Rural Affairs ordered the party to immediately cease the sale of counterfeit veterinary drugs, confiscated seven cartons of “Maxing Shigan Granules” and 80 boxes of “Sodium Sulfamethoxypyridazine Injection,” seized the illegal proceeds of RMB 302, and imposed a fine equal to 2.3 times the value of the illegally traded veterinary drugs, amounting to RMB 4,383.80.
4. Case involving the sale of fertilizer with unauthorized label modifications at a agricultural input store in Shunping County, Baoding City. On February 8, 2022, during an enforcement inspection, agricultural administrative law enforcement officers in Shunping County discovered that a certain agricultural input store was selling “Agricultural Calcium Ammonium Nitrate Fertilizer,” which bore registration certificate number Nongfei (2018) Zhunzi No. 11**9 and was labeled as suitable for multiple crops. Upon investigation, it was determined that the product’s registered suitable crops were limited to watermelon and apple, thereby violating Article 22, Paragraph 2 of the Measures for the Administration of Fertilizer Registration. The party had purchased 50 bags of the “Agricultural Calcium Ammonium Nitrate Fertilizer,” with a total value of RMB 7,500, none of which had yet been sold. In accordance with Article 27, Paragraph 1, Item 3 of the Measures for the Administration of Fertilizer Registration, and by reference to the Detailed Rules on the Exercise of Discretionary Powers in Agricultural Administrative Penalties of Hebei Province (Fertilizer Section), the Shunping County Bureau of Agriculture and Rural Affairs issued the party a warning and imposed a fine of RMB 3,000.
5. A certain agricultural store in Anping County, Hengshui City (owned by Zhang) has not obtained seed Business License for Production and Operation seed Case. On December 24, 2021, following receipt of a letter from the Hengshui Municipal Agricultural Administrative Comprehensive Law Enforcement Detachment requesting verification of a case lead, the Anping County Bureau of Agriculture and Rural Affairs promptly initiated an investigation into a certain agricultural store in Anping County (operated by Zhang). The investigation revealed that the party concerned had sold “**218” purchased through legitimate channels. Corn seed After unpacking, please repack the product into smaller portions yourself. seed Total sales on the Pinduoduo platform amounted to RMB 6,768.50. Self-packaged. seed Includes labels and instructions. The party concerned has violated the… seed In accordance with the provisions of Article 33, Paragraph 3 of the Law, pursuant to… seed Article 77, Paragraph 1, Item 1 of the Law, with reference to the “Hebei Province Standards for Discretionary Powers in Agricultural Administrative Penalties (” seed In accordance with the provisions of Part), the Anping County Bureau of Agriculture and Rural Affairs has ordered the party concerned to immediately cease operating without obtaining… seed Business License for Production and Operation seed The act was penalized with the confiscation of illegal gains totaling RMB 6,768.50 and a fine of RMB 17,000.
II. Typical Cases of Agricultural Product Quality and Safety
1. Lü, from Chengde City, failed to comply with Pesticide Labeling: Use with a safety interval. Pesticide Case. On January 21, 2022, the Chengde Municipal Bureau of Agriculture and Rural Affairs received an official letter stating that leeks produced by Mr. Lü of Shuangluan District… Pesticide The “Procymidone” test result was unsatisfactory. Upon investigation, it was found that in mid-October 2021, the party concerned applied the substance to prevent disease in their chive crops. Pesticide “Procymidone” was sold to a supermarket after harvest on November 1, 2021, yielding illegal proceeds of 21 yuan. Pesticide The general pre-harvest interval for procymidone is 30 days. By failing to observe this pre-harvest interval, the party concerned has violated the provisions of Article 25, Paragraph 1 of the Law on the Quality and Safety of Agricultural Products, and is therefore subject to penalties in accordance with Article 46 of the same law. Pesticide Article 34, Paragraph 3 of the Administrative Regulations, … Pesticide Article 60, Paragraph 1, Item 1 of the Administrative Regulations, with reference to the “Hebei Province Standards for the Exercise of Discretionary Powers in Agricultural Administrative Penalties (” Pesticide In accordance with the provisions of Part … and Article 28, Paragraph 2 of the Administrative Penalty Law, the Chengde Municipal Bureau of Agriculture and Rural Affairs has imposed a fine of RMB 1,000 on the party concerned and confiscated illegal gains totaling RMB 21.
2. Case involving the sale of non‑compliant agricultural products by a livestock and poultry breeding service cooperative in Xinji City. On December 31, 2021, the Xinji Municipal Bureau of Agriculture and Rural Affairs received a referral letter from the Market Supervision Administration indicating that a certain livestock and poultry breeding service cooperative was suspected of selling non‑compliant food‑grade agricultural products. The Bureau immediately notified the legal representative of the party concerned, Li, to appear at a designated office for investigation. Upon inspection, it was found that the party had produced and sold substandard eggs, with illegal gains totaling RMB 2,508. Such conduct violated Article 33, Paragraph 2 of the Law on the Quality and Safety of Agricultural Products. In accordance with Article 50, Paragraph 1 of the same law and with reference to the “Detailed Rules on the Discretionary Standards for Administrative Penalties in the Field of Agricultural Product Quality and Safety of Hebei Province,” the Xinji Municipal Bureau of Agriculture and Rural Affairs ordered the party to immediately cease sales, recall the problematic products already sold, confiscated the illegal proceeds of RMB 2,508, and imposed a fine of RMB 2,000.
3. Liu, from Shunping County, Baoding City, failed to comply with… Pesticide Scope of Use for Label Annotation Pesticide Case. On January 26, 2022, during an enforcement inspection, law enforcement officers from the Shunping County Bureau of Agriculture and Rural Affairs discovered two used… adjacent to a strawberry greenhouse in a certain village. Pesticide Bottle, labeled as a “benzovindiflupyr–azoxystrobin” suspension concentrate. Pesticide , manufactured by a certain biopharmaceutical joint-stock company, with registration number PD20****39 and a production date of January 1, 2021; its intended use is for rice. Upon investigation, the strawberry greenhouse was owned by villager Liu, with a planting area of 0.5 mu. To control strawberry pests, the party concerned sprayed “bensulfuron‑methyl.” Pesticide . Its conduct violates the Pesticide In accordance with the provisions of Article 34, Paragraph 1 of the Administrative Regulations, pursuant to… Pesticide Article 60, Paragraph 1, Item 1 of the Administrative Regulations, with reference to the “Hebei Province Standards for the Exercise of Discretionary Powers in Agricultural Administrative Penalties (” Pesticide In accordance with the provisions of Part ____, the Shunping County Bureau of Agriculture and Rural Affairs ordered the party concerned to immediately rectify the illegal act and imposed a fine of RMB 1,900.
Source: Hebei Provincial Department of Agriculture and Rural Affairs Author: Hebei Provincial Department of Agriculture and Rural Affairs
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