Those who produce and operate pesticides without obtaining a pesticide registration certificate or a temporary pesticide registration certificate, or those who produce and operate pesticides whose registration has been revoked, shall be ordered to stop production and operation, their illegal income shall be confiscated, and they shall be fined not less than 1 times the illegal income; If there is no illegal income, a fine of 654.38+10,000 yuan will be imposed. According to the Reply of the Supreme People's Court on whether the victim of a product infringement case can file a civil lawsuit with the trademark owner of the product as the defendant, which was issued on June 5438+February, 2020, we believe that any enterprise or individual embodies its name, name, trademark or other identifiable signs on the product to show that it is the producer of the product, which belongs to the General Principles of the Civil Law of People's Republic of China (PRC) and the General Principles of the Civil Law of People's Republic of China (PRC).
In the case, according to the customization needs of customers, the enterprise requires the production enterprise to attach the brand, name and address of the enterprise to the product, and indicate that it is a production enterprise, which belongs to the "OEM" behavior and should be considered as the behavior of producing pesticides without obtaining the pesticide production license.
Legal basis:
Regulations on pesticide management
Article 17 The State practices a pesticide production license system. Pesticide production enterprises shall meet the following conditions, and apply for pesticide production licenses to the competent agricultural departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the provisions of the competent agricultural departments of the State Council:
(1) Having technicians who are suitable for applying for pesticide production;
(2) Having factories and facilities suitable for the application for pesticide production;
(3) Having the personnel, instruments and equipment for quality management and quality inspection of the pesticides applied for;
(four) rules and regulations to ensure the quality of the pesticides applied for.
The competent agricultural departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall make a decision on examination and approval within 20 working days from the date of accepting the application, and conduct on-the-spot verification when necessary. Meet the conditions, issue a pesticide production license; Do not meet the conditions, notify the applicant in writing and explain the reasons.
Where there are other provisions on the production conditions of enterprises in laws and administrative regulations such as safety production and environmental protection, pesticide production enterprises shall also abide by their provisions.
Article 52 Anyone who produces pesticides or produces fake pesticides without obtaining a pesticide production license shall be ordered by the competent agricultural department of the local people's government at or above the county level to stop production, and the illegal income, products and tools, equipment and raw materials used for illegal production shall be confiscated. If the value of illegally produced products is less than 6,543.8+0,000 yuan, a fine of 50,000 yuan to 6,543.8+0,000 yuan shall be imposed; if the value of illegally produced products exceeds 6,543.8+0,000 yuan, a fine shall also be imposed. If a crime is constituted, criminal responsibility shall be investigated according to law.
If a pesticide production enterprise that has obtained a pesticide production license no longer meets the prescribed conditions and continues to produce pesticides, the competent agricultural department of the local people's government at or above the county level shall order it to make rectification within a time limit; Refusing to make rectification within the time limit or failing to meet the prescribed conditions after rectification, the pesticide production license shall be revoked by the issuing authority.
Where a pesticide production enterprise produces inferior pesticides, the competent agricultural department of the local people's government at or above the county level shall order it to stop production, and confiscate the illegal income, products produced illegally and tools, equipment and raw materials used for illegal production. If the value of illegally produced products is less than 6,543,800 yuan, a fine ranging from 6,543,800 yuan to 5 times to 50,000 yuan shall be imposed. If the circumstances are serious, the pesticide production license and the corresponding pesticide registration certificate shall be revoked by the issuing authority; If a crime is constituted, criminal responsibility shall be investigated according to law.
Whoever entrusts a trustee who has not obtained a pesticide production license to process and repackage pesticides, or to process and repackage fake pesticides or inferior pesticides shall be punished in accordance with the provisions of paragraphs 1 and 3 of this article respectively.