案情

原指望9亩大白菜能有所收成，没想到听信了商家的一句推荐，9亩白菜几近绝收。近日，菜农起诉农药经销商要求赔偿损失一案在椒江区人民法院立案受理。本案事发时在台州广播电视总台影视文化频道于2009年10月23日播放。

徐某在椒江区章安街道柏加沙村土地经营大棚蔬菜种植，于2009年9月15日种植九亩大白菜，品种为改良青杂三号，经过精心管理，大白菜长势很好，估计11月底可以采割上市。2009年10月14日, 徐某发现菜地里有福寿螺虫害，于是到徐某某开的农资代销店购买杀福寿螺用的农药，其推荐海南正业中农高科股份有限公司生产的“正业特高杀螺胺”。并根据九亩菜地使用量推荐购买8包，按6元／包，徐某共花费人民币48元。同日徐某在用药过程中按照农资代销店所说的比例与产品包装上说明的使用方法进行喷雾杀虫, 不久，徐某发现承包管理九亩白菜 (改良青杂三号)菜心委缩腐烂,造成巨大的经济损失。经椒北工商局、椒江区农业执法大队主持下进行调解未能达成协议。

律师观点

本律师认为徐某某作为农药经销商，对所销售的农药的适用范围、注意事项等应有充分的了解，并应向农药使用者正确推荐说明，可徐某某在明知徐某需要向大白菜田喷杀福寿螺的情况下，向徐某推荐推荐使用不适用白菜的主要防治水稻福寿螺“正业特高杀螺胺”，明显违反了相关法律规定。徐某某主观上存在过错，并造成严重损害后果，应按过错比例承担相应的赔偿责任。同时，辩护人认为徐某购买农药时，应该看清楚包装上注明“主治水稻田福寿螺”的说明，徐某也违反“农药使用者应当严格按照产品标签规定的剂量、防治对象、使用方法、施药适期、注意事项施用农药，不得随意改变”的相关规定，存在相应过错。

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.