关键词: 肥料, 使用, 管理, 立法

Abstract: Fertilizer is the most important means of production in agricultural production. But the excessive fertilization and fake fertilizer on market bring the problems of the reduction of agriculture output, quality safety of agricultural productions, environmental pollution and even personal safety occasionally happened in China. Fertilizer legislation has become a calling under the wide public concern. In order to protect the environment and farmers' interests, many countries have fertilizer laws or related regulations with contents of the fertilizer use and management. They contain with fertilization according to the result of soil test, fertilizer nutrient standards, the fertilizers limited index in the nitrate vulnerable area, use time and quantity standards of organic fertilizer in the water resources protection area, farmers are in duty bound to record the fertilizer use and so on. The users must manage their fertilize use in accordance with the law. China has not a unified supervision and management system in fertilizer management. The fertilizer using rules and standards in agriculture production are by administrative management and project promotion. Absence of fertilizer use management has the serious influence to the sustainable utilization of agricultural resources and ecological environment protection and agricultural production. Fertilizer lawmaking including fertilizer use management has become the urgent needs. Some relevant laws in China have stipulated the responsibilities for the administrative departments in fertilizer use management. But more terms are guidance provisions without clear department’s duties, fertilizer use standard and limit, compulsory means and the enforced measures to fertilizer user. The legislation in fertilizer use management regulation should grasp three key points: (1) through product admittance system control fertilizer varieties and quality; (2) through special standards and environmental requirements control the quantity and period of the fertilizer use. (3) clear subject liability and establishing responsibilities and rights of all sides. This paper made a proposal concerning the legislation contents in fertilizer use and management including six aspects: (1) making clear access and exit mechanism about fertilizer products in agriculture use; (2) making clear the responsibilities and rights of the management body; (3) making clear and definiting the responsibilities and rights of the enterprises, dealers, the users; (4) stipulating the behaviors of the service organizations and individuals in providing technical service activities; (5) making clear and defining the security system and mechanism of management; (6) making clear and defining fertilizer quality standards, the use limit, use time and other key standards. Through fertilizer use and management legislation, fertilizer producers, agencies and users must comply with the regulation. It will promote fertilizer use management from administrative management to follow the laws and regulations. Based on the fertilizer use management rules, fertilizer production rules, sales behavior rules and punishment rules should be made more clearly so as to constitute a complete fertilizer law.

Key words: fertilizer, use, management, legislation