Strong Anti-Counterfeiting Action to Safeguard Farmers

In March 2019, the Public Security Bureau of Xinyang City, Henan Province, received a sighting that some persons were suspected of infringing on the legitimate rights and interests of local farmers by manufacturing and selling fake and inferior pesticides. After the police investigation, the police identified the suspects Ding * Jie and Ding * Li involved in the case. Ding * Li manufactures and sells miscellaneous illegal pesticides in the name of Beijing Lei *** Science and Technology Co., Ltd. Ding * Jie manufactures and sells miscellaneous illegal pesticides in the name of Beijing Zheng *** Science and Technology Co., Ltd.

Since February 2018, Ding * Jie's company and Ding * Li's company have manufactured and sold more than 60 kinds of pesticides without pesticide production license and pesticide registration certificate. Some of the pesticides illegally made by the two suspects and their companies contained chlorantraniliprole, which is a patented active ingredient of FMC Corporation. The two companies sold their products through WeChat, various pesticide exhibitions, and publishing information on online platforms.

On May 23, 2019, the Laocheng Branch of Xinyang City Public Security Bureau in Henan Province conducted a crackdown on the two targets in accordance with the law, and arrested four suspects, including Ding * Jie and Ding * Li, at the scene. Law enforcement officials seized a large number of illegal pesticide formulation products, raw materials and packaging materials, and seized 1,290 boxes of more than 60 kinds of pesticides on site. The evidence shows that the accumulative value of Defendant Ding * Jie's illegal business operation is 377263.01 yuan, and the accumulative value of Defendant Ding * Li's illegal business operation is 274162.46 yuan.

On Oct 2020 Henan Xinyang City Shihe District People Court made a judgement as below:

(1)The defendant Ding *Jie committed the crime of illegal business operation and was sentenced to one year and six months in prison and a fine of RMB 100,000.

(2)The defendant Ding * Li committed the crime of illegal business operation and was sentenced to one year and five months in prison and fined 100,000 yuan.

(3) The defendant Wang * Fu committed the crime of illegal business operation and was sentenced to eight months in prison with 1-year probation and a fine of RMB 30,000. 

(4) The defendant Qi *Ming committed the crime of illegal business operation and was sentenced to six months in prison with 1-year probation and a fine of RMB 20,000.

(5) The illegal income that the defendants Ding *Jie, Ding *Li, Qi *Ming voluntarily returned shall be confiscated and turned over to the State Treasury.

Fake and inferior pesticides seriously endanger the safety of agricultural production, infringe on the interests of farmers, and pose a major threat of irreparable damage to the environment, people's health and food safety. The action of Xinyang Municipal PSB, public procuratorate, and court against counterfeiting activities effectively cracked down on the arrogance of counterfeiters and sellers, prevented fake and inferior pesticides going to the market, and effectively protected the safety of agricultural production and safeguarded the legitimate rights and interests and health of farmers, as well as the environment.