On November 4, 2024, the Ministry of Agriculture and Rural Affairs of China (MoARA) issued a third notice seeking public opinions on the Decision of the Ministry of Agriculture and Rural Affairs on Amending the Measures for the Administration of Pesticide Registration and four other regulations (Draft for Solicitation of Opinions). These amendments aim to enhance regulatory processes and improve compliance mechanisms. Below is an overview of the significant changes introduced in the draft. Below is an overview of the significant changes introduced in the draft.

Key Amendments to the Measures for the Administration of Pesticide Registration

1. Simplified Registration for Certain Products

The second paragraph of Article 8 was amended from “herbicides, seed treatment agents, pheromones, etc., with no more than three active ingredients” to “herbicides and seed treatment agents with no more than three active ingredients. Pheromones and other products for attraction and disorientation shall be registered based on their primary active ingredients.”

2. New Applicant Responsibilities

In Article 14, the following was added: “The applicant shall designate a specific person responsible for pesticide registration-related work, except for Chinese citizens who are new pesticide developers.”

3. Handling Registration on Behalf of Others

After the final sentence of the first paragraph of Article 15, the following was added: “For those entrusting others to handle pesticide registration matters, they shall also submit a power of attorney signed or stamped by both parties. The power of attorney shall specify the name or title of the entrusted person, the entrusted matters, authorities, and duration, etc.”

4. Material Transfer and Authorization

Article 18 was revised to state that pesticide registration certificate holders who independently possess complete registration materials that meet the requirements may authorize other applicants to use them in accordance with the provisions of the second paragraph of Article 10 of the Pesticide Management Regulations. For the transfer of pesticide registration materials in accordance with the provisions of Article 14 of the Pesticide Management Regulations, the transferee shall apply for pesticide registration based on the transfer contract between both parties, a statement of voluntary registration certificate cancellation by the original pesticide registration certificate holder, and registration materials that meet the requirements.
The relevant content of the second paragraph of Article 10 of the Pesticide Management Regulations is as follows: Pesticides that have the same composition, scope of use, and method of use as those already registered in China are exempt from residue and environmental testing. However, if the pesticides that have already been registered in China are within the registration data protection period in accordance with the provisions of Article 15 of this regulation, they shall be authorized and agreed upon by the pesticide registration certificate holder.

5. Correction of Application Errors

An additional paragraph was added as the second paragraph of Article 21: “If the National Institute for the Control of Agrochemicals of the Ministry of Agriculture and Rural Affairs finds minor flaws in the application materials that require correction during the technical review process, it may request the applicant to supplement relevant materials.”

6. Dispute Resolution for Test Reports

After Article 23, the following was added: “If disputes are found in the test reports submitted by applicants during the pesticide registration review and evaluation process, the Ministry of Agriculture and Rural Affairs may organize verification tests and inform the applicant of the required time.”

7. Certificate Replacements

The second paragraph of Article 28 was combined with Articles 30 and 31 and revised to: “Article 29: If the pesticide registration certificate holder changes its name or undergoes corporate mergers and divisions, resulting in the need to replace the pesticide registration certificate holder, it shall submit an application for a certificate replacement to the Ministry of Agriculture and Rural Affairs within 30 days from the date of the change, along with relevant supporting materials. The Ministry of Agriculture and Rural Affairs shall complete the review and issue a new certificate within 20 working days from the date of accepting the application.”

8. Periodic Evaluations

Article 36 was supplemented and revised as the second paragraph of Article 37: “Periodic evaluations focus on assessing target pest resistance, crop safety, agricultural product quality and safety, beneficial organism safety, user health and safety, and ecological and environmental impacts. The assessment report results serve as an important basis for the review of registration renewal.”

Updates to the Measures for the Administration of Pesticide Production Licenses

1. Enhanced Quality Control

Article 18 was split into two articles: article 19 and article 20.

Article 19: Pesticide production enterprises shall organize production according to product quality standards and production license regulations, ensuring that pesticide products are consistent with registered pesticides and taking responsibility for pesticide product quality.

2. Regulations on Commissioned Production
   Article 20: Within the scope of their pesticide production licenses, pesticide production enterprises may, in accordance with the provisions of Article 19 of the Pesticide Management Regulations, accept commissions from new pesticide developers and other pesticide production enterprises to process or repackage pesticides; they may also accept commissions from enterprises exporting pesticides to China to repackage pesticides.
   Pesticide production enterprises commissioning others to produce products registered by the enterprise shall hold pesticide production licenses with the corresponding production scope.
   The production of technical materials (technical concentration) shall not be commissioned.”
3. Prohibition on Certificate Misuse

Two articles were added before Article 19: “Article 21: The principal and the consignee shall sign a commission contract, clearly stating the product name, specifications and quantity, quality standards, labels and trademarks, duration, and fees for the products to be processed or repackaged.
“Article 22: It is prohibited to rent or lend pesticide registration certificates in the name of processing or repackaging.”

New Provisions in the Measures for the Administration of Pesticide Business Licenses

1. Online Sales Regulations

After “misleading purchasers” in Article 20, the following was added: “It is prohibited to bundle and sell pesticides in violation of regulations.”

Two articles were added after Article 21: Article 22: Those engaged in pesticide business online shall prominently display their pesticide business license information on the homepage of their website or the main page of their business activities. If the pesticide business license information changes, the page content shall be updated within 10 working days.

2. Responsibilities for Third-Party Platforms
   For those engaged in pesticide business online, the displayed information related to pesticide products shall be true, accurate, and legitimate.
   Article 23: Pesticide online trading third-party platforms shall establish and implement management systems for pesticide business qualification verification, business behavior supervision, pesticide information display, pesticide real-name purchase, pesticide product delivery, transaction record preservation, complaint and report handling, etc.

Changes to the Measures for the Administration of Pesticide Registration Tests

1. Filing Requirements

Article 16 was revised to state: Before conducting pesticide registration tests, pesticide registration applicants shall file a report with the provincial agricultural and rural departments of the registration test location through the pesticide management information platform of the Ministry of Agriculture and Rural Affairs in accordance with the procedures and requirements stipulated by the Ministry of Agriculture and Rural Affairs. The filing information includes the filing entity, active ingredient name, content and dosage form, test items, test location, test unit, test start date, commission agreement signed with the test unit, safety precautions, etc. For new pesticide test filings, the mechanism of action and mode of action shall also be added.

2. Reporting Changes
   If there are changes to the test unit, location, items, etc., the pesticide registration applicant shall promptly file a new report.

Revised Guidelines for the Measures for the Administration of Pesticide Labels and Instructions

1. Labeling Requirements

In addition to the content specified in Article 8, the following requirements were added to Article 9 regarding the labeling content of pesticide labels: Formulated products shall indicate the registration certificate number and manufacturer name of the technical materials.
For those registered for use on herbicide-tolerant genetically modified crops, the names of the applicable genetically modified crops and transformants shall be indicated; for those used on herbicide-tolerant non-genetically modified crops, the names of the applicable crop varieties shall be indicated.
If specific additives are required during use, relevant information shall be indicated.

2. Trademark Usage

In the first paragraph of Article 31, after “Pesticide labels and instructions shall not use trademarks that have not been registered,” the following was added: “The same pesticide product label of the same registration certificate holder can only indicate one trademark.”

Conclusion

These proposed amendments demonstrate MoARA’s commitment to refining pesticide management in China. The changes aim to strengthen regulatory oversight, simplify application processes, and enhance safety and transparency. Stakeholders are encouraged to review the draft and provide feedback during the consultation period.

How REACH24H Can Help

Navigating these regulatory updates can be challenging, but REACH24H’s expertise ensures a smooth transition for businesses in the pesticide industry. Our services include:

• Pesticide Registration Support
• Customized Regulatory Solutions
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• Labeling and Documentation Compliance
• Policy Insights and Training

With our in-depth knowledge of Chinese regulations and global market requirements, REACH24H is the trusted partner for businesses aiming to stay ahead in a rapidly evolving regulatory environment.