Incorrect pesticide ratio caused 99 young jujubes to die and fall. The Consumer Council spares no effort to help farmers

On the afternoon of March 14, 2021, commemorating the 315 International Consumer Rights Day” was held today in Shangxiahang, Fuzhou.
At the meeting, the Fujian Provincial Consumer Council released the top ten typical consumer rights protection cases in 2021.
The
following is the case three 【Introduction】 On August 13, 2020, consumer Zhang bought five kinds of pesticides (antibiotic fungi) related to green jujube fruit trees from the local Wugui Agricultural Resources Management Department in Yunxiao County, at a cost of 127 yuan
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A certain sprayed on August 13th and August 18th.
On August 20th, Zhang found that young jujube fruits were dying and falling.
He suspected that the pesticides provided by the merchants had quality problems, and the two parties concerned about compensation.
After many communications to no avail, I had no choice but to seek help from the Yunxiao County Consumer Council
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Network Data Map| Not related to the text [Processing and Results] After the Yunxiao County Consumer Council accepted the complaint, it immediately invited experts from the Yunxiao County Agriculture Bureau to go with it.
Zhang’s green jujube orchard was inspected on-site
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Experts from the Bureau of Agriculture confirmed that the pesticides sold by the Wugui Agricultural Resources Management Department of Yunxiao County are all qualified products, but when the merchants are mixing pesticides, one of them is called “hexaconazole”.
, The normal ratio should be 1 bucket of water to 6-7ml of medicine, but the merchant added 10ml more when dispensing the medicine, resulting in a high concentration of the ratio, which caused 99 jujube young fruits to turn yellow and fall, and the fruit damage rate reached 66%.

Experts from the Bureau of Agriculture used the local market price of green dates in the past three years as a reference basis to assess the loss of fruit trees and found that Zhang’s actual loss was about 20,000 yuan.
After repeated mediation by the Consumer Council, the two parties A settlement agreement was reached, and the Wugui Agricultural Resources Management Department compensated Zhang for 15,000 yuan, and the case was successfully concluded
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[Case Analysis] Article 18 Paragraph 1 of the "Consumer Rights Protection Law of the People's Republic of China" stipulates: "The operator shall guarantee that it provides The goods or services meet the requirements for the protection of personal and property safety
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For goods and services that may endanger the safety of people and property, consumers should be given true explanations and clear warnings, and explain and indicate the correct use of goods or the methods of receiving services and the methods to prevent harm
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"The first and second paragraphs of Article 20 stipulate: "Business operators shall provide consumers with information about the quality, performance, purpose, and validity period of goods or services, which shall be true and comprehensive, and shall not be false or misleading.
Propaganda
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Business operators shall provide true and clear answers to consumers’ inquiries regarding the quality and usage of the goods or services they provide
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"The first paragraph of Article 23 stipulates: "Business operators shall guarantee that the goods or services they provide should have the quality, performance, purpose, and validity period under the condition of normal use of goods or receiving services; but consumers are buying the goods or services.
Except for goods or services that have been known to have defects before receiving the service, and the existence of such defects does not violate the mandatory provisions of the law
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"Article 52 stipulates: "Operators who provide goods or services that cause damage to consumer property shall bear repairs, remakes, replacements, returns, replenishment of the quantity of goods, refunds of payment and service costs in accordance with the law or agreement of the parties, or Compensation for losses and other civil liabilities
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"Article 62 stipulates: "Peasants' purchase and use of production materials directly used in agricultural production shall be implemented with reference to this law
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" "The first paragraph of Article 5 of the "Pesticide Management Regulations" stipulates: "Pesticide manufacturers and pesticide operators shall be responsible for the safety and effectiveness of the pesticides they produce and operate, and consciously accept government supervision and social supervision
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"The second paragraph of Article 27 stipulates: "Pesticide operators should ask the purchaser about the occurrence of diseases and insect pests and scientifically recommend pesticides.
If necessary, they should check the occurrence of diseases and insect pests on the spot, and correctly explain the scope of use, methods and dosages of pesticides.
Use technical requirements and precautions, and must not mislead the purchaser
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"Article 64 stipulates: "Where the pesticides produced or operated cause personal or property damage to the pesticide user, the pesticide user may claim compensation from the pesticide manufacturer or the pesticide operator
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If it is the responsibility of the pesticide manufacturer, the pesticide operator has the right to recover from the pesticide manufacturer after making the compensation; if it is the responsibility of the pesticide operator, the pesticide manufacturer has the right to recover from the pesticide operator after the compensation
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In this case, consumers purchased pesticides from Wugui Agricultural Resources Management Department and paid the price, and the two parties formed a contractual relationship.

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As an operator specializing in the sale of pesticides, Wugui Agricultural Resources Management Department should know the relevant knowledge of pesticides and provide consumers with product consultation and use guidance.
However, after consumers purchase and use the pesticides provided by the operators, a large area of ​​young fruits has dried up and died Circumstances, objectively cause economic losses to consumers, so consumers’ reasonable demands for compensation for losses from the agricultural resources management department should be supported
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Here, we remind farmers that when purchasing and using herbicides and other pesticides, they should take the initiative to learn about pesticide products from pesticide operators, and correctly choose appropriate pesticide products based on the types of crops they plant.
Under the guidance of other professionals, strictly follow the scope of use, use methods and dosages, technical requirements and precautions marked on the pesticide label to avoid crop phytotoxicity and pesticide use accidents due to improper use, and pay attention to the preservation of pesticide packaging Once a consumer dispute occurs, you can file a complaint with the relevant department in time to protect your legitimate rights and interests
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