The right to transfer pesticides at will is subject to legal liability, and the transfer must be handled in accordance with the relevant provisions of the Regulations on the Administration of Pesticides.
Mr. Zhang from Qixian County, inquire:
Zhao Mou, a villager in my village, contracted the pesticide sales department of the supply and marketing cooperative in the town. The contract period specified at that time was 8 years. After the expiration, Zhao did not want to engage in pesticide business, and privately transferred the sales department to a friend Liu. The result was investigated and fined by the industrial and commercial administration department, and his illegal income was confiscated. Can the pesticide management right be transferred at will?
Qixian County People's Court Wang Xiaoying:
According to Article 18 of the “Pesticide Management Regulations†of China: “The following units can operate pesticides: 1. Agricultural production data management units of supply and marketing cooperatives; 2. Plant protection stations; 3. Soil and fertilizer stations; 4. Agricultural and forestry technology promotion Institutions; 5. Forest pest control institutions; 6. Pesticide production enterprises; 7. Other business units prescribed by the State Council. If the pesticides in operation are chemical dangerous goods, they shall handle the business licenses in accordance with relevant state regulations."
It can be seen that, except for the above-mentioned units, no unit or individual has the right to operate pesticides without approval. Where the operation of pesticides belonging to individual contracting occurs in the form of units, the business unit shall also bear legal liabilities; any operation in personal form is illegal. Individuals also have no right to transfer the management rights of the pesticide sales department.
In accordance with the relevant provisions of the administrative department having management rights on fertilizer, pesticide management, for illegal chemical fertilizers, pesticides units and individuals have the right punishment. If the company is investigated and dealt with arbitrarily or privately, if the party considers that the punishment is improper, it may, within 60 days from the date of receipt of the notice of punishment, apply to the higher-level administrative department for industry and commerce of the penalizing agency for reconsideration.
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