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Recently, the Shanxi Provincial People’s Procuratorate has received a lot of attention, and it has also sounded a wake-up call for growers and retailers of agricultural materials
.
The whole case is as follows: Defendant Ji sold vegetables sprayed with highly toxic pesticides and caused them to enter the market
.
In order to evade legal prosecution, the defendant Ji falsely admitted to be punished during the review of the prosecution by the Gaoping City Procuratorate, and was eventually severely punished by the court
.
Recently, the Gaoping City Procuratorate filed a public prosecution with the defendant Ji for the crime of producing and selling toxic and harmful food, and at the same time filed a criminal incidental civil public interest lawsuit
.
After investigation, since April 2020, the defendant Ji has contracted more than 40 acres of pear tree land in a town in Gaoping City, and planted more than 20 eggplants in the pear tree land
.
In June of the same year, after the defendant Ji found pests and diseases on the pear trees, he went to the pesticide store to purchase omethoate and other pesticides, and then mixed the purchased omethoate and other pesticides and sprayed them on the pear trees
.
In order to prevent the pear tree diseases and insect pests from spreading to the eggplant, the defendant Ji still sprayed the pesticide containing omethoate on the eggplant when he knew that omethoate was a banned pesticide for vegetables
.
After the eggplants matured, the defendant Ji sold 30 kilograms of eggplants to a trading company and made an illegal profit of 27 yuan
.
The trading company sold some of the eggplants to a supply and marketing supermarket
.
After sampling this batch of eggplants, it was found that the eggplants contained omethoate pesticide residues, and the inspection concluded that they were unqualified
.
During the review of the prosecution, the Gaoping City Procuratorate informed the defendant Ji of the legal policy of lenient confession and punishing.
In order to evade the law, the defendant Ji pleaded guilty and pleaded guilty, and signed a confession letter
.
However, in the court, the defendant Ji made various sophistry, arguing that he did not know or knew about the use of omethoate
.
The court recommended that the court levy a leniency system for the defendant Ji who did not apply the law of pleading guilty and plead guilty, and severely penalize him
.
Based on the recommendations of the procuratorial organs, the court sentenced the defendant Ji to seven months’ imprisonment and fined 5,000 yuan, and publicly apologized in the media and paid 1,000 yuan in compensation..
According to the "List of Prohibited and Restricted Pesticides" issued by the Ministry of Agriculture and Rural Affairs of the People’s Republic of China, omethoate is prohibited from being used on vegetables, fruits, tea, fungi, and Chinese herbal medicines, for the prevention and control of sanitary pests, and for aquatic plants.
Disease and pest control
.
Since the "List of Prohibited and Restricted Pesticides" was issued, the ban on the sale of pesticides has always been the top priority of law enforcement agencies
.
So, as a hard-working farmer, you don't want to get into trouble, and you can't remember the name of every prohibited pesticide.
This requires you to go to a legal and regular pesticide sales store to buy it to avoid buying illegal drugs
.
From the perspective of pesticide retailers, how to identify banned and restricted pesticides more quickly and avoid heavy penalties? "List of Prohibited and Restricted Pesticides" (2020 edition) Prohibited (discontinued) pesticides (46 species): BHC, DDT, Toxaphene, Dibromochloropropane, Dimethamidine, Dibromoethane, Herbicide, Aldrin, dieldrin, mercury preparations, arsenic, lead, diquat, fluoroacetamide, glycol fluoride, tetramine, sodium fluoroacetate, tetramine, methamidophos, methyl parathion, Parathion, monocrotophos, phosamine, fenamiphos, methiophos, methyl thiocyclic phos, calcium phosphide, magnesium phosphide, zinc phosphide, thiaphos, cyprophos, cyprofen, Terbuthion, chlorsulfuron, thiram, frametharsine, methamsulfuron, metsulfuron, dicofol, lindane, endosulfan, methyl bromide, sulfluramid, phosphatidyl, paraquat, 2,4-D Butyl ester
.
Note: Sulfluramid will be banned from January 1, 2020
.
The use of paraquat sols will be banned from September 26, 2020
.
2,4-D butyl ester will be banned from January 29, 2023
.
Methyl bromide can be used for "quarantine fumigation treatment"
.
No preparations have been registered for acetaminophen
.
Table 1 List of restricted pesticides (20 species)
.
The whole case is as follows: Defendant Ji sold vegetables sprayed with highly toxic pesticides and caused them to enter the market
.
In order to evade legal prosecution, the defendant Ji falsely admitted to be punished during the review of the prosecution by the Gaoping City Procuratorate, and was eventually severely punished by the court
.
Recently, the Gaoping City Procuratorate filed a public prosecution with the defendant Ji for the crime of producing and selling toxic and harmful food, and at the same time filed a criminal incidental civil public interest lawsuit
.
After investigation, since April 2020, the defendant Ji has contracted more than 40 acres of pear tree land in a town in Gaoping City, and planted more than 20 eggplants in the pear tree land
.
In June of the same year, after the defendant Ji found pests and diseases on the pear trees, he went to the pesticide store to purchase omethoate and other pesticides, and then mixed the purchased omethoate and other pesticides and sprayed them on the pear trees
.
In order to prevent the pear tree diseases and insect pests from spreading to the eggplant, the defendant Ji still sprayed the pesticide containing omethoate on the eggplant when he knew that omethoate was a banned pesticide for vegetables
.
After the eggplants matured, the defendant Ji sold 30 kilograms of eggplants to a trading company and made an illegal profit of 27 yuan
.
The trading company sold some of the eggplants to a supply and marketing supermarket
.
After sampling this batch of eggplants, it was found that the eggplants contained omethoate pesticide residues, and the inspection concluded that they were unqualified
.
During the review of the prosecution, the Gaoping City Procuratorate informed the defendant Ji of the legal policy of lenient confession and punishing.
In order to evade the law, the defendant Ji pleaded guilty and pleaded guilty, and signed a confession letter
.
However, in the court, the defendant Ji made various sophistry, arguing that he did not know or knew about the use of omethoate
.
The court recommended that the court levy a leniency system for the defendant Ji who did not apply the law of pleading guilty and plead guilty, and severely penalize him
.
Based on the recommendations of the procuratorial organs, the court sentenced the defendant Ji to seven months’ imprisonment and fined 5,000 yuan, and publicly apologized in the media and paid 1,000 yuan in compensation..
According to the "List of Prohibited and Restricted Pesticides" issued by the Ministry of Agriculture and Rural Affairs of the People’s Republic of China, omethoate is prohibited from being used on vegetables, fruits, tea, fungi, and Chinese herbal medicines, for the prevention and control of sanitary pests, and for aquatic plants.
Disease and pest control
.
Since the "List of Prohibited and Restricted Pesticides" was issued, the ban on the sale of pesticides has always been the top priority of law enforcement agencies
.
So, as a hard-working farmer, you don't want to get into trouble, and you can't remember the name of every prohibited pesticide.
This requires you to go to a legal and regular pesticide sales store to buy it to avoid buying illegal drugs
.
From the perspective of pesticide retailers, how to identify banned and restricted pesticides more quickly and avoid heavy penalties? "List of Prohibited and Restricted Pesticides" (2020 edition) Prohibited (discontinued) pesticides (46 species): BHC, DDT, Toxaphene, Dibromochloropropane, Dimethamidine, Dibromoethane, Herbicide, Aldrin, dieldrin, mercury preparations, arsenic, lead, diquat, fluoroacetamide, glycol fluoride, tetramine, sodium fluoroacetate, tetramine, methamidophos, methyl parathion, Parathion, monocrotophos, phosamine, fenamiphos, methiophos, methyl thiocyclic phos, calcium phosphide, magnesium phosphide, zinc phosphide, thiaphos, cyprophos, cyprofen, Terbuthion, chlorsulfuron, thiram, frametharsine, methamsulfuron, metsulfuron, dicofol, lindane, endosulfan, methyl bromide, sulfluramid, phosphatidyl, paraquat, 2,4-D Butyl ester
.
Note: Sulfluramid will be banned from January 1, 2020
.
The use of paraquat sols will be banned from September 26, 2020
.
2,4-D butyl ester will be banned from January 29, 2023
.
Methyl bromide can be used for "quarantine fumigation treatment"
.
No preparations have been registered for acetaminophen
.
Table 1 List of restricted pesticides (20 species)