China News Service, June 29. According to the website of the Ministry of Agriculture and Rural Affairs, in order to effectively maintain the order of agricultural production and operation, protect the legitimate rights and interests of farmers, and give full play to the role of comprehensive agricultural administrative law enforcement in protecting agriculture, since 2021, comprehensive agricultural administrative law enforcement agencies at all levels have been established. Focusing on key areas, important agricultural seasons and key links, we increased the investigation and punishment of illegal cases, and investigated and handled a number of cases with good deterrent effect and strong demonstration effect.

A few days ago, the Ministry of Agriculture and Rural Affairs selected 10 typical cases to announce.

  1. A case of infringement of new plant variety rights by a certain industrial company in Changsha City, Hunan Province

  In September 2021, the Agriculture and Rural Water Conservancy Bureau of Suining County, Hunan Province received a letter of supervision from the Hunan Provincial Department of Agriculture and Rural Affairs. A company in Changsha City was suspected of illegally using the hybrid rice restoration line R900, a hybrid rice variety authorized by a company in Liuyang City, Hunan Province, as its parent in Suining County. This produces rice seeds.

After on-site inspection and sampling by Suining County agricultural comprehensive administrative law enforcement officers, it was determined that the rice seeds produced by a certain industry company in Changsha City belonged to the same variety as the hybrid rice restorer line R900.

After filing the case, it was found that the parties, without the authorization of the breeder, produced 421 mu of the rice seeds in Suining County, totaling 33,000 kilograms, and the value of the goods was 627,000 yuan.

After mediation by Suining County Agriculture and Rural Water Conservancy Bureau, the parties and the variety rights holder voluntarily reached a compensation agreement, and the variety rights holder issued a letter of understanding.

According to the provisions of Article 28, Article 73, paragraph 5 of the "Seed Law of the People's Republic of China" (revised in 2015) and Article 32, paragraph 1 of the "Administrative Punishment Law of the People's Republic of China", Suining County Agricultural The Rural Water Conservancy Bureau confiscated the seeds involved in the case and imposed an administrative penalty of 1.881 million yuan on the parties.

  2. The case of production and operation of false seeds by a certain industrial company in Puyang City, Henan Province

  In June 2021, the Agricultural Comprehensive Administrative Law Enforcement Detachment of Puyang City, Henan Province received a notification from the Agricultural Comprehensive Administrative Law Enforcement Detachment of Handan City, Hebei Province that a certain industry company in Puyang City was suspected of producing and operating fake corn seeds.

After on-site inspection and sampling by the agricultural comprehensive administrative law enforcement officers, it was determined that the "Jiyu 228" corn seeds produced and operated by the company did not match the standard samples of this variety and were false seeds.

After the case was filed, it was found that the parties had sold 402,600 bags of seeds involved in the case by the time of the incident, with a sales amount of 4,966,500 yuan.

The Puyang Municipal Bureau of Agriculture and Rural Affairs has transferred the case to the local public security organ in accordance with the law because the behavior of the parties involved is suspected of constituting a criminal offense.

  3. The case of an edible fungi disinfectant company in Suizhou City, Hubei Province producing and operating pesticides without obtaining a pesticide registration certificate and a pesticide production and operating license

  In January 2021, the Agriculture and Rural Affairs Bureau of Suizhou City, Hubei Province received a notification from the Agriculture and Rural Affairs Department of Sichuan Province that an edible fungi disinfectant company in Zengdu District, Suizhou City was suspected of producing and operating fake pesticides without a license.

In February 2021, the Suizhou Municipal Agriculture and Rural Bureau designated the Zengdu District Agriculture and Rural Bureau to conduct an investigation.

After filing a case, it was found that the edible fungus disinfectant company registered a total of 6 online stores on a number of online business platforms to sell the pesticides it produced through a commercial company it actually controlled. , the sales amount is 93,700 yuan.

At the same time, it was found that the edible fungi disinfectant company had not obtained a pesticide registration certificate and a pesticide production license, and a trading company had not obtained a pesticide business license, and the pesticides it produced and operated should be treated as fake pesticides in accordance with the law.

Because the behavior of the parties involved is suspected of constituting a criminal crime, the Agriculture and Rural Affairs Bureau of Zengdu District, Suizhou City has transferred the case to the local public security organ according to law.

  4. The case of a company in Linyi City, Shandong Province selling fake pesticides across provinces

  In November 2021, the Agriculture and Rural Affairs Bureau of Lianyungang City, Jiangsu Province received a report from a local agricultural material operator that the "glufosinate-ammonium" pesticide sold by an online store had serious quality problems.

After the comprehensive agricultural administrative law enforcement officers sampled the pesticides involved in the case and submitted them for inspection, the pesticide glufosinate-ammonium contains zero ingredients and contains the banned pesticide paraquat, which is a fake pesticide.

Since the registered company of the online store involved is located in Linyi City, Shandong Province, the Lianyungang Municipal Agriculture and Rural Bureau has launched a cross-regional agricultural materials law enforcement and supervision cooperation linkage mechanism, and requested the Linyi Municipal Agriculture and Rural Bureau to verify the relevant situation of the parties.

It was found out that by the time of the incident, the parties had sold 3,569 pesticide products involved in the case to Lianyungang City, Jiangsu Province, with a sales amount of 356,000 yuan.

Because the behavior of the parties involved was suspected of constituting a crime, the Lianyungang Agriculture and Rural Bureau transferred the case to the local public security organ according to law, and assisted the public security organ in arresting a criminal suspect and seized more than 4,000 bottles of pesticides involved in the case.

  5. The case of a company in Guanyun County, Jiangsu Province producing feed without obtaining a feed production license

  In June 2021, the Bureau of Agriculture and Rural Affairs of Guanyun County, Jiangsu Province received clues to a case handed over by the local public security organ that a company in Guanyun County was suspected of producing feed without a license.

After the case was filed, it was found that the parties did not obtain a feed production license. By the time of the incident, 7.59 tons of animal oil for feed and 23.14 tons of animal oil residue had been produced, with a sales amount of 169,500 yuan.

According to the provisions of paragraph 1 of Article 38 of the Regulations on the Administration of Feed and Feed Additives, the Guanyun County Agriculture and Rural Affairs Bureau confiscated 169,500 yuan of illegal income and imposed a fine of 1,017,300 yuan on the party concerned.

  6. The case of producing veterinary drugs by Yan Mou from Guangzhou City, Guangdong Province without obtaining a veterinary drug production license

  In March 2021, the Agriculture and Rural Bureau of Panyu District, Guangzhou City, Guangdong Province received a notification from the Dalong Sub-district Office that Yan was suspected of producing veterinary drugs without a license.

The agricultural comprehensive administrative law enforcement officers of Panyu District immediately carried out law enforcement inspections on Yan's business premises. They found 5 kinds of veterinary drug products, 4 sets of veterinary drug production equipment and a number of related veterinary drug raw materials, labels and packaging bags, and Yan did not obtain veterinary drugs. Production License.

After filing a case for investigation, by the time of the incident, the parties involved had produced and traded more than two batches of the above-mentioned veterinary drugs without a license.

In accordance with the provisions of Article 56 of the Regulations on the Administration of Veterinary Drugs and with reference to the "Guangdong Provincial Department of Agriculture and Rural Affairs' Administrative Punishment Discretionary Standards (Veterinary Drugs)", the Agriculture and Rural Affairs Bureau of Panyu District, Guangzhou ordered the parties to stop the production of veterinary drugs and confiscated their illegal production. Veterinary drugs and related equipment, raw materials, auxiliary materials, and packaging materials shall be subject to an administrative penalty of a fine of 200,000 yuan.

  7. The case of Zhong Moumou and others in Wuzhou City, Guangxi Zhuang Autonomous Region engaging in pig slaughtering activities without a designated location

  In September 2021, the Wuzhou Municipal Agriculture and Rural Bureau of Guangxi Zhuang Autonomous Region received a report from the masses that someone in Siai Village, Shatou Town, Cangwu County was suspected of illegally engaging in pig slaughtering activities.

After investigation, it was found that Zhong Moumou and others had been engaged in live pig slaughtering activities for a long time without a designated location, and the amount involved was relatively large, which was suspected of constituting a crime.

Wuzhou Municipal Bureau of Agriculture and Rural Affairs and the Municipal Public Security Bureau established a joint task force to find out that the case involved 1 pig slaughtering den, 2 distribution points, and more than 10 offline sales points.

At the end of September 2021, the Wuzhou City Agricultural Comprehensive Administrative Law Enforcement Detachment cooperated with the public security organs to capture 18 suspects, led by Zhong Moumou, on the spot. The total amount involved in the case was more than 51 million yuan.

At present, the public security organs have filed a case against Zhong Moumou and others on suspicion of illegal business operations.

  8. The case of Chen Mou and others from Taizhou City, Zhejiang Province illegally transporting live pigs across provinces and engaging in live pig slaughtering activities without a designated location

  In August 2021, the Agricultural Comprehensive Administrative Law Enforcement Team of Taizhou City, Zhejiang Province received illegal clues about the illegal slaughter of live pigs reported by the agricultural comprehensive administrative law enforcement personnel in Luqiao District, Taizhou City.

After filing a case, it was found that Chen and others had illegally transferred live pigs from Rudong County, Jiangsu Province to Taizhou City, Zhejiang Province for private slaughter and sales since November 2020, and the number was particularly large, and they were suspected of constituting a criminal crime.

The Agriculture and Rural Affairs Bureau of Taizhou City, Zhejiang Province transferred the case to the local public security organ in accordance with the law.

In January 2022, the two-level agricultural comprehensive administrative law enforcement agencies in Taizhou City and Luqiao District, Zhejiang Province cooperated with the public security organs to destroy the gang's 4 illegal pig slaughtering dens and arrested 8 criminal suspects.

After further investigation by the public security organs, the case involved more than 30 million yuan, which has been transferred to the local procuratorate for review and prosecution according to law.

  9. The case of illegal fishing by Hu Moumou and others in Jinxian County, Jiangxi Province using electric fish in prohibited fishing areas

  In October 2021, the Agricultural Comprehensive Administration and Law Enforcement Brigade of Jinxian County, Jiangxi Province conducted an inspection and inspection of the Yangtze River ban on fishing in the Sanyangji waters of Poyang Lake and found that Hu Moumou and others used electric fish equipment for illegal fishing activities in the banned waters. 2 fishing boats and 1 set of electric fishing equipment were seized at the scene.

After filing a case, it was found that the parties used the electric fish method to illegally fish more than 1,400 catties in the prohibited waters.

Because the behavior of the parties involved is suspected of constituting a crime, the Jinxian County Agriculture and Rural Affairs Bureau has transferred the case to the local public security organ according to law.

  10. The case of Zhong Moumou, Suichang County, Zhejiang Province, illegally occupying a homestead to build a house without approval

  In May 2021, the Agriculture and Rural Affairs Bureau of Suichang County, Zhejiang Province received a notification from the Miaogao Sub-district Office of the county that a villager Zhong Moumou of a village was suspected of illegally occupying homesteads to build houses.

After the case was filed, it was found that the party, Zhong Moumou, was a farmer in a village in Miaogao Street. With the approval of the competent department, the old house was demolished to build a new house on the original homestead. The approved area was 115 square meters. The actual area of ​​the completed residence is 201.77 square meters, exceeding the approved area by 86.77 square meters.

According to the provisions of Articles 62 and 78 of the "Land Administration Law of the People's Republic of China", the Agriculture and Rural Affairs Bureau of Suichang County ordered the parties to return the illegally occupied homestead and demolish it within 45 days to build a new building on the illegally occupied homestead. 's residence.

The parties have demolished the oversized building within the specified time.

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