Chinese New Pesticide Regulation: A Comparative Overview of Current and Pending Regulatory Framework

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Chinese New Pesticide RegulationChina’s new pesticide regulation will take effect on on 1 June 2017 and 5 draft supporting rules have been released for departmental consultation, all of which support the pending new regulation. An analysis on the context, alternation and timeline of the new license requirements and regulations specified in the new pesticide regulation and supporting documents will provide important data to help minimize compliance failures.

Pesticide Registration

Existing

Regulation(old)

Data Requirement on Pesticide Registration (MoA order 10)

New Regulation(draft)

Administrative Measures for the Registration of Pesticide

Alternation

To be abolished with the effectiveness of new regulation

Transitional Term

  • Applications accepted prior to the new regulation will be reviewed under old regulation;
  • Temporary registration issued prior to the new regulation will not be renewed;

Note: Detail guidance on the administrative and technical requirements is still needed and MoA would release the supporting document separately

Pesticide Production

Existing Regulation(old)

  • Rules for implementing the Production license on Pesticide (AQSIQ rules);
  • Measures for the Administration on the Manufacturing of Pesticide-(order 23 of NDRC, being implemented by MIIT)

New Regulation(draft)

Administrative Measures for the Production of Pesticide;

Transitional Term

  • Enterprises that obtained the production license/manufacturing approval prior to the effectiveness of new regulation may continue to produce pesticide before the expiry;
  • Enterprises that want to continue the production after the expiry of the license/approval may apply to the provincial agricultural department for the production license at least 90 days before the expiry;
  • Enterprises that possess a pesticide registration certification but have not yet obtained the license/ approval should obtain the production license within 2 years from the effectiveness of new regulation;

Note: the old regulations for production management were issued under departmental/ministerial regulations of other authorities and probably to be repealed by their original issuers or during the final release.

Marketing License

Existing Regulation(old)

No specific regulation. Some local government use a marketing license system within their jurisdictions

New Regulation(draft)

Administrative Measures for the Marketing of Pesticide;

Transitional Term

  • Entities engaged in marketing of pesticide may adapt to the requirement and obtain the marketing license within 1 year from the effectiveness of new regulation;
  • Entities that have obtained marketing license prior to the effectiveness of new regulation may continue to sell pesticide before the expiry. If restricted pesticide was sold, the entity should re-apply for marketing license;
  • Entities want to continue the marketing activity after the expiry of the license may reapply for the license at least 90 days before the expiry;

Pesticide label and Manual

Existing Regulation(old)

Measures for the Management of Pesticide label and Manual (MoA Order 8 of 2007)

New Regulation(draft)

Administrative Measures for the label and Manual of Pesticide;

Alternation

To be abolished with the effectiveness of new regulation

Transitional Term

Pesticide label and manual that do not confirm to new regulation should apply for amendment or reapproval.

Product with label and manual under original regulation can be marketed for a certain time;

Pesticide Registration Experimentation

Existing Regulation(old)

Measures for the Certification of Efficacy Testing Facilities for Pesticide Registration;

Measures for the Certification of Residue Testing Facilities for Pesticide Registration;

Measures for the Certification of Environmental Testing Facilities for Pesticide Registration;

Measures for the Certification of Full-Component Testing Facilities for Pesticide Registration;

Measures for the Certification of Toxicological Testing Facilities for Pesticide Registration;

Measures for the GLP Accreditation of Pesticide Laboratories (MoA Announcement 739);

New Regulation(draft)

Administrative Measures for the Experimentation of Pesticide Registration;

Alternation

To be abolished with the effectiveness of new regulation

Transitional Term

Testing facilities accredited prior to the effectiveness of new regulation may continue the study within their scope

 

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