case

I had hoped for a harvest of 9 acres of Chinese cabbage, but unexpectedly, after listening to a recommendation from the merchant, the 9 acres of Chinese cabbage almost went bankrupt. Recently, the case of vegetable farmers suing pesticide distributors for compensation for losses was filed and accepted by the People's Court of Jiaojiang District. At the time of the incident, it was broadcasted on the Film and Television Culture Channel of Taizhou Radio and Television General Station on October 23, 2009.

Xu managed greenhouse vegetable cultivation on the land in Baigaza Village, Zhang'an Street, Jiaojiang District. On September 15, 2009, he planted nine acres of Chinese cabbage with the variety "Improved Qingza-3". After careful management, the cabbage grew well and is expected to be harvested and listed by the end of November. On October 14, 2009, Xu discovered that there were snail pests in the vegetable field, so he went to the agricultural materials sales agency opened by Xu to purchase pesticides for killing snail. He recommended the "Zhengye Tegao snail killing amine" produced by Hainan Zhengye Zhongnong High tech Co., Ltd. And based on the usage of nine acres of vegetable land, it is recommended to purchase 8 packages at a cost of 6 yuan per package. Xu spent a total of 48 yuan. On the same day, Xu carried out spray insecticidal treatment according to the proportion stated by the agricultural materials agency store and the use method stated on the product package. Soon, Xu found that the nine mu cabbage (improved Qingza No. 3) under contract management was shrunken and decayed, causing huge economic losses. Mediation led by the Jiaobei Industrial and Commercial Bureau and the Jiaojiang District Agricultural Law Enforcement Brigade failed to reach an agreement.

Lawyer's viewpoint

This lawyer believes that as a pesticide distributor, Xu should have a thorough understanding of the scope of application, precautions, and other aspects of the pesticides sold, and should correctly recommend and explain to pesticide users. However, Xu, knowing that Xu needed to spray the Chinese cabbage field to kill Fushou snails, recommended to Xu the use of the main prevention and control rice Fushou snails that were not suitable for Chinese cabbage, known as "Zhengye Tegaoluo amine", which clearly violates relevant legal regulations. Xu is subjectively at fault and has caused serious damage, so he should bear corresponding compensation liability according to the proportion of fault. At the same time, the defender believes that when purchasing pesticides, Xu should clearly read the instructions on the packaging indicating "mainly for rice field snail". Xu also violated the relevant regulations of "pesticide users should strictly apply pesticides in accordance with the dosage, prevention and control objects, usage methods, application period, and precautions specified on the product label, and should not change them arbitrarily", and has corresponding faults.