What are the revocation, cancellation and cancellation of pesticide registration certificates, production licenses and business licenses, are they all administrative penalties? The following small series will give you a detailed introduction to these questions for your reference. For administrative licensing, revocation, cancellation and revocation are three different methods of dealing with documents, not necessarily administrative penalties.
1. Revocation is a kind of administrative punishment, which means that the administrative organ adopts compulsory means to deprive the licensee of the management right, qualifications and qualifications. This is the most severe administrative penalty imposed by the administrative agency on the licensee. Generally, the licensee has violated the "Pesticide Management Regulations" and other laws and regulations, and the circumstances are particularly serious.
Suspension of the certificate should pay attention to different treatments in different plots, without obtaining a direct production certificate for the production of pesticides or production of fake pesticides, and others: serious circumstances; Refused to correct or the circumstances are serious.
1. Production enterprise: Produce pesticides or produce fake pesticides without obtaining pesticide production licenses.
2. Production enterprise: The pesticide production enterprise that has obtained the pesticide production license no longer meets the prescribed conditions to continue to produce pesticides.
3. Production enterprises: the production of inferior pesticides.
4. Production enterprise: Entrust the trustee who has not obtained the pesticide production license to process and distribute the pesticide, or entrust the processing and sub-package of fake pesticides and inferior pesticides.
5. Production enterprise:
(1) Procurement and use of raw materials that are not legally attached to the product quality inspection certificate and that have not obtained the relevant documents in accordance with the law;
(2) Pesticides that have not been qualified for quality inspection and are accompanied by a product quality inspection certificate;
(3) The pesticide packaging, label and instructions produced do not meet the requirements;
(4) Do not recall pesticides that should be recalled according to law.
6. Production enterprise: Does not implement the raw material purchase, pesticide factory sales record system, or does not fulfill the pesticide waste recycling obligation.
7. Operator: Operate fake pesticides, add substances to pesticides, and pesticide operators who have obtained pesticide business licenses will no longer meet the prescribed conditions to continue to operate pesticides.
8. Operator: Operating inferior pesticides.
9. Operators: (1) Do not implement the pesticide purchase ledger and sales account system.
(2) Operating food, edible agricultural products, feeds, etc. in pesticide business premises other than sanitary pesticides; (3) not selling sanitary pesticides and other commodities in separate containers; (4) not fulfilling the obligation to recycle pesticide wastes.
10. Operator:
(1) The establishment of branches has not changed the pesticide business license according to law, or has not been filed with the competent agricultural authority of the local people's government at or above the county level where the branch office is located.
(2) Purchasing pesticides from pesticide production enterprises that have not obtained pesticide production licenses or other pesticide operators who have not obtained pesticide business licenses;
(3) Purchasing and selling pesticides that are not accompanied by product quality inspection certificates or packaging or labels that do not meet the requirements;
(4) Do not stop selling pesticides that should be recalled according to law.
11. Overseas enterprises: If the overseas enterprises that obtain pesticides directly in China obtain the pesticide registration certificate and export the inferior pesticides to China or export fake pesticides, the competent agricultural department of the State Council shall revoke the corresponding pesticide registration certificate.
Second, there are generally three cases of revocation. The first case is that the laws, regulations and rules on which the administrative license is based have been amended or abolished, or the objective conditions on which the administrative license is granted have undergone major changes. For the needs of the public interest, the administrative organ may revoke the administrative license.
The second case is that the administrative staff abuses their powers, neglects their duties, makes a decision to grant an administrative license, or makes a decision to grant an administrative license beyond the statutory powers, grants an administrative license in violation of legal procedures, is not eligible for application, or does not meet the statutory conditions. The applicant granted an administrative license.
In the third case, the licensee obtains an administrative license by fraud or bribery. In this case, once verified, the administrative organ or the higher-level administrative organ revokes the license of the licensee.
Third, the cancellation is divided into two situations. First, the licensee voluntarily applies to the administrative organ for cancellation, and the administrative organ shall cancel the application according to the licensee's application. The other is that due to the emergence of certain objective situations, the licensee has not applied, and the administrative organ has to cancel it according to law: for example, the expiration of the validity period, the failure of the enterprise, or bankruptcy.
The URL of this article: Under what circumstances will the pesticide three certificates be revoked and cancelled?
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