Accordingly, from Article 57 to Article 60 of Decree 38/2021 / ND-CP, it clearly stipulates the violations of advertising for chemicals and materials for agricultural production, including violations of advertising. plant protection drugs (plant protection); veterinary drugs, biological products, microorganisms, chemicals for use in animal health; fertilizer; animal feed, aqua feed, substances for improving the breeding environment, and substances for improving the aquatic environment, specifically as follows:
If one of the following acts is committed: Advertising pesticides is inconsistent with the contents of the Certificate of pesticide registration; Advertisements for beneficial organisms used in plant protection that are inconsistent with the Phytosanitary License, violating organizations or individuals may be subject to a fine of between 5 million and 10 million (Clause 1 of Article 57).
With one of the violations of advertising for pesticides that are not on the List of Pesticides permitted for use in Vietnam; Advertisements for plant protection drugs and useful organisms used in plant protection lack one of the following contents: product name; name and address of organization or individual responsible for bringing the product to market; Features, effects and things to note when using, preserving, may be fined from 10 million to 20 million (Clause 2 of Article 57).
According to the Plant Protection Department, at present, many farmers are still using pesticides based on their habits or following the instructions of drug dealers. On the other hand, due to the mentality of “prevention is better than cure”, many people tend to spray drugs according to advertising, use drugs according to “word of mouth”, and arbitrarily mix many different drugs (including prohibited drugs) for use without regard to the recommendations of the manufacturer, or a plant protection worker.
Also according to the Department of Plant Protection, the correct use of pesticides brings efficiency and productivity to crops, but if misused and used incorrectly, it not only risks affecting the current crop but also causes long-term consequences. long term for the field as well as the soil and water environment due to toxic chemical contamination.
Excessive marketing of pesticides can lead to the farmer’s abuse of pesticides. Accordingly, with acts of advertising for pesticides banned from use in Vietnam, violating organizations or individuals can be administratively sanctioned from VND 25 million to VND 40 million. (Clause 3, Article 57).
Violating organizations and individuals must take corrective measures: Correct information for violations; disassembly, disassembly, ad deletion or recall of printed advertising products or magazines.
For violations of regulations on advertising for veterinary drugs, probiotics, microorganisms and chemicals used in veterinary medicine, Article 58 provides a fine ranging from VND 10 million to VND 15 million for advertising. veterinary drugs not in accordance with the contents of the Certificate of free sale; A fine ranging from VND 20 million to VND 30 million shall be imposed for advertising a veterinary drug without a certificate of free sale by a competent authority.
Violating organizations and individuals must take remedial measures: Correcting information for violations; Disassemble, dismantle, or delete advertisements or withdraw printed products or advertising magazines for violations according to regulations.
For acts of advertising fertilizers in contravention of the contents stated in the decision on recognition of fertilizers circulated in Vietnam, Clause 1, Article 59, stipulates a fine of between VND 10 million and 15 million.
For the act of advertising fertilizer without one of the following contents: Name of fertilizer; Origin, raw materials in processing; Name and address of the organization or individual responsible for bringing the product to market. The fine level specified in Clause 2, Article 59 is from VND 15 million to VND 20 million.
Behavior of fertilizer advertising without a decision recognizing fertilizer circulation in Vietnam, the fine level is from 20 million to 30 million VND (Clause 3, Article 59).
Violating organizations and individuals must take corrective measures: Forcible correction of information, for acts of violation according to regulations; Forcible disassembly, dismantlement, deletion of advertisements or recall of advertising printing products or magazines, for violations as prescribed.
With violations of false advertising about the nature, utility, quality, origin, origin of animal feed, aqua feed, livestock environment enhancer, aquatic environment enhancer , Article 60 of Decree 38/2021 / ND-CP stipulates the fine level from 10 million to 15 million.
Violating organizations and individuals must take corrective measures: Forcible correction of information, for acts of violation according to regulations; Forcible disassembly, dismantlement or deletion of advertisements or recall of printed products or advertising printed magazines, for violations as prescribed.
Decree 38/2021 / ND-CP also specifies the authority of functional agencies (police, market management, …) in making records of administrative violations; sanction administrative violations in the field of advertising related to pesticides, veterinary drugs, biological products, microorganisms, chemicals used in veterinary medicine, fertilizers, …