New regulations on pesticide management will be implemented soon, and domestic pesticides will face greater challenges
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2022-08-11
New regulations on pesticide management will be implemented soon, and domestic pesticides will face greater challenges
On June 1 this year, the new regulations on pesticide management will be formally implemented. The new regulations clarify the legal responsibilities of pesticide producers, operators and users at the legal level. At the legal level of the scope of pesticide use, domestic products will face greater challenges than imported pesticides.
The scope of use of product registration of domestic pesticide production enterprises operating under the past and current legal frameworks is very narrow, and the vast majority of products have only one control object. The new regulations to be implemented not only extend the restrictions on the labels of producers' products, but also increase the legal restrictions on operators and users.
It should be noted that the new regulation defines the scope of use of operators as "correct description", while the definition of users is "strictly in accordance with". That is to say, the legal responsibility of the operator for the scope of pesticide use is clear and reasonable, and the operator has no creative expansion right such as the use beyond the scope. For users, the legal term "strictly in accordance with" is much stricter. This undoubtedly adds a lot of difficulty to the operation beyond the scope of use.
The new regulations are coming soon. Faced with the situation that the new regulations to be implemented soon and the scope of domestic pesticide product registration is narrow, some people in the industry pointed out that the new regulations do not meet the national conditions, are unrealistic, and are difficult to operate.
I remind my colleagues that the law is the law. When the law stipulated that children had equal inheritance rights, there were similar objections. However, it did not affect the implementation of the law for decades, nor did it prevent people from depriving their daughters of their inheritance rights. However, one of the basic preconditions for depriving a daughter of the right of inheritance is to make a private reconciliation, and never to bring it to justice. Otherwise... You know.
Well, the situation of beyond the scope after June 1 is exactly the same as that of depriving the daughter of the inheritance right. You can never do it to Bogong court. Ladies and gentlemen, you can't say anything illegal in public.
Is it impossible to go beyond the scope? No!!!
Every time God closes a door, he opens a window. The same is true of the law. The pesticide management regulations strictly require the use of pesticides according to the registered scope of use, and the Agricultural Technology Promotion Law provides a legal basis for the use beyond the scope. Laws are bigger than regulations.
According to the agricultural technology popularization law, there is also a law to follow to popularize the part beyond the scope as agricultural technology. However, it should be noted that the applicable laws have changed, and the subject of conduct will also change.
For example, Syngenta's amoxida initially registered only one control object in China. There are now more than a dozen crops, and about 30 control objects are increasing year by year. Amoxida has been used in pear trees for more than ten years, and has led domestic azoxystrobin to enter the pear market one after another. However, amoxida has not been registered in pear trees so far. Therefore, it is difficult to find traces of amoxida in pear trees in the official data of Syngenta. This is to comply with the current pesticide management regulations. In the pear District, amishida is a market work based on the Agricultural Technology Promotion Law and led by the promotion subject with legal responsibilities and rights conferred by the promotion law. It must be illegal for pesticide manufacturers to promote and sell pesticides beyond the scope of registration.
In terms of the scope of pesticide use, the pesticide management regulations closed the door of exceeding the scope and opened the window of agricultural technology promotion. Otherwise, some crops really have no medicine available.
The way to go through the window is different from the way to go through the door. The over range use of pesticides is operated as an agricultural technology category. The pesticide production enterprises should withdraw from the main role of publicity and promotion of over range use of pesticides according to law.