In the law enforcement case practice, in addition to the “unqualified†test results of expired pesticides, there may be two cases of “false pesticides†and “qualifiedâ€. The legal liabilities of the operators are different, and the subjects of law enforcement are different. Xiaobian, a Chinese pesticide network, believes that it is necessary to combine different test results to further analyze the problem of processing expired pesticides.
Test result 1: The expired pesticide is a fake pesticide. This includes the use of non-pesticide as a pesticide and the use of such pesticides as a pesticide.
Test result 2: Expired pesticides are inferior pesticides. Including non-compliance with pesticide product quality standards (ie, unqualified), loss of use efficiency, etc.
For the above two test results, according to the provisions of Article 43 of the Regulations on the Administration of Pesticides, the production and operation of fake and inferior pesticides shall be in accordance with the provisions of the Criminal Law on the crime of producing or selling counterfeit products or the crime of producing and selling counterfeit pesticides. If criminal punishment is not pursued according to law; the agricultural administrative department or other relevant departments as stipulated by laws and administrative regulations shall confiscate fake pesticides, inferior pesticides and illegal proceeds, and impose a fine of 1 time or more and 10 times or less of the illegal income; If there is no illegal income, a fine of less than 100,000 yuan shall be imposed; if the circumstances are serious, the agricultural administrative department shall revoke the pesticide registration certificate or the temporary pesticide registration certificate, and the industrial product license management department shall revoke the pesticide production license or the pesticide production approval document. It can be seen that for the sale of fake pesticides and inferior pesticides, the agricultural administrative department and the industrial and commercial administrative department have the right to make administrative punishments in accordance with the provisions of the Regulations on the Administration of Pesticides.
Test result 3: The quality of expired pesticides still meets the quality standards of pesticide products (ie qualified).
For the results of this inspection, Article 23 of the Regulations on the Administration of Pesticides stipulates that pesticide products that exceed the time limit for product quality assurance shall be inspected by the pesticide testing agency of the agricultural administrative department of the people's government at or above the provincial level, and if they meet the standards, they may Sales within the prescribed time limit; however, the words “expired pesticides†must be indicated with the method of use and dosage. Article 39 of the “Implementation Measures for Pesticide Management Regulations†stipulates that for pesticide products that do not indicate the “expired pesticide†and exceed the product quality guarantee period, the agricultural administrative department shall give a warning and confiscate the illegal income. A fine of not more than three times the illegal income; if there is no illegal income, a fine of not more than 30,000 yuan shall be imposed.
According to the pesticide network , the administrative department of agriculture shall impose administrative penalties on the sale of pesticides that have not been marked with “expired pesticides†and have exceeded the product quality assurance period but have passed the inspection.
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