According to the Agricultural and Rural Commission of the National People’s Congress, the Ministry of Agricultural is to address fertilizer regulations and is currently engaged in cross sector talks with relevant ministries and governmental bodies.
The Ministry drafted a regulation to manage fertilizers in 2007 and the draft was submitted to the State Council executive for deliberation in 2008. The draft was however not passed and according to the State Council required significant improvement. Currently， the most significant attempt to regulate the fertilizer industry is the MoA department rules the “Measures for Fertilizer Registration-MoA order 32”, and required registration of certain types of fertilizers. These fertilizers were not allowed to be imported, manufactured, sold, used, market-promoted in China without prior registration. The scope, competent authorities, qualification of the testing facilities, registration types, registration status, expiry period and supervision were clearly specified in this Measure. However the Measures faced strong opposition and lobbying by fertilizer companies. Although MoA claimed that the department rules were formulated under the Agricultural Law, (which stipulated that a registration system on some agricultural production materials could be implemented in accordance with relevant laws and administrative regulations) they were however not supported by other laws or administrative regulations and often lead criticism.
During the annual meeting of the NPC last March, 61 deputies brought forward two bills suggesting that an overarching regulation regarding registration, production, marketing and utilization of fertilizers is needed. The MoA commented that the drafting of new fertilizer regulation is currently under way. The Ministry of Commerce also agreed to cooperate on the implementation of administrative regulation for fertilizer management. The Agricultural and Rural Commission also suggested that the legal status of the new regulation should evolve to “law” after being promulgated.
