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Title: Agro-pesticides Management Act CH
Category: Ministry of Agriculture(農業部)
Chapter IV. Sale and Use
Article 26
An agro-pesticide dealer shall designate full-time managers and before proceeding to do business, first apply to the local municipality or county/city competent authority for issuing an agro-pesticide dealer's license.
The above mentioned license shall be valid for five years. An application for extension of said validity shall be filed with local municipality or county/city competent authority before one month of the expiration; provided each extension shall not exceed five years. Failure to make an application for authorization within the time limit or the application is rejected shall apply for issuing a new license.
The relevant autonomous regulations governing the application, issuance, re-issuance, exchange, extension, abolishment,and alteration under the first and preceding paragraph shall be prescribed by the corresponding municipal or county/city competent authority.
The regulations governing the training and qualification requirements of the managers under the first paragraph, the acquisition, revoking and limitation of re-application of their certificates and other relevant matters shall be prescribed by the central competent authority.
The licenses, issued prior to enforcement of the amendment of this Act, December nine, 2014, shall subject to Paragraph 2 to apply for extension within two years.
Article 27
An agro-pesticide dealer's license shall specify the following:
1. Name of the agro-pesticide dealer.
2. Address of business place.
3. Name of responsible person.
4. Category of business.
5. Other matters promulgated by the competent authority.
Article 28
Technical grade pesticides shall be sold only to agro-pesticide manufacturers.
Article 29
An agro-pesticide dealer shall observe the following provisions:
1. Hang the agro-pesticide dealer's license visibly in the business place.
2. Do not sell formulated agro-pesticides outside the business premise.
3. Do not sell formulated agro-pesticides with the original package unsealed.
4. Do not sell agro-pesticides without labelling.
5. Separate agro-pesticides from others if the dealer also sells other goods.
6. Prepare books of account or adopt other manner promulgated by the central competent authority to record the name, address, age and contact of the buyers and the quantity they buy, and keep such books for three years.
7. Do not sell to children and juveniles under 18 years.
8. Ask the buyer’s purpose for buying such agro-pesticide; do not sell if the use or its scope is other than approved and registered.
9. Provide certificate of sale recording the item, quantity, application scope, buyer and seller to the buyer.
10. Recycle pesticide waste containers and deliver to clean and manage by environmental protection related laws.
Article 30
An agro-pesticide dealer shall, upon closedown of business or alteration of registered affairs, make a report to the local municipal or county/city competent authority for inspection within 30 days after closedown or alteration.
For an agro-pesticide dealer who suspends operation for not less than one year or closes down, the agro-pesticide dealer's license shall be revoked. However, this is not applicable if the dealer suspends with due reasons and is approved by the competent authority.
Article 31
The names of highly toxic formulated agro-pesticides and the qualifications for buyer shall be promulgated by the central competent authority.
The competent authority may appoint an agro-pesticide dealer registered according to the first subparagraph of Article 26 to engage in the business as a wholesaler or retailer of highly toxic formulated agro-pesticides.
Article 32
A dealer of highly toxic formulated agro-pesticides shall observe the following provisions:
1. Do not sell any buyer who fails to meet the qualifications promulgated under the first paragraph of the preceding Article.
2. Store such agro-pesticides safely in dedicated cabinets locked.
Article 33
The users of agro-pesticide shall use the agro-pesticides approved by the central competent authority.
Before appealing on the market, if the crop or its product’s pesticide residue exceed the standard stipulated by health competent authority, the crop or its product shall appeal on the market when it has been re-examined or re-inspected and is determined to be up to the standard.
For the safety of human body, environmental protection and ecological conservation, the central competent authority shall establish regulations governing the use of agro-pesticides, selective inspection of agro-pesticide residue in agricultural products and other relevant matters.
Article 34
The agro-pesticide spraying service providers shall register with the local municipal or county/city competent authority.
The service provider under the preceding paragraph shall designate technicians qualified in the training on the use of agricultural agro-pesticides to spray agro-pesticides for others; the regulations governing the training shall be prescribed by the central competent authority.