Seed Law of the Peoples Republic of
发布日期：2000-07-08
PRC Presidential Decree
第 on the 26th
"National People's Congress on Revising <Republic of China Seed Law" decision "by the Tenth National People's Congress Standing Committee of the Eleventh Meeting of August 28, 2004, is hereby published since the publication date of promulgation.
Chinese President Hu Jintao
August 28, 2004
National People's Congress Standing Committee on revising the "Seed Law of the People's Republic," the decision
(August 28, 2004 the Tenth National People's Congress Standing Committee 11th meeting, adopted)
The Tenth National People's Congress Standing Committee decided the eleventh meeting of the "Seed Law of the People's Republic," modified as follows:
An Article 17, second paragraph read: "forest species should be validated without the approval of, not as a seed business, promotion, but the production really necessary to use, it shall be determined by the forest Variety Approval Committee."
Second, Article 33 is amended as: "without the provinces, autonomous regions and municipalities forestry administrative department for approval, the acquisition of valuable tree seeds and not the people's governments set limits on the acquisition of tree seeds."
This Decision shall take effect the date of publication.
"Seed Law of the People's Republic," according to this decision to modify, re-released.
Seed Law of the People's Republic
(July 8, 2000 the Ninth National People's Congress passed the Sixteenth Meeting of the Standing Committee under the August 28, 2004 of the Tenth National People's Congress Standing Committee of the eleventh meeting "on the amendments to <People's Republic of seed Law "decision" amended)
TABLE OF CONTENTS
Chapter I General Provisions
Chapter germplasm resources protection
Chapter breeding and validation
Chapter seed production
Chapter seed business
Chapter VI of the seed used
Chapter VII of the seed quality
Chapter VIII of the seed export and international cooperation
Chapter IX seed administration
Chapter Liability
Chapter XI Supplementary Provisions
Chapter I General Provisions
The first order conservation and rational utilization of germplasm resources, regulate breeding and seed production, operation, use, and maintain breeding and seed producers, operators, users of the legitimate rights and interests and improve the quality of seeds and promote seed industry and promote the development of farming and forestry, the development of this law.
Article in the PRC engaged in breeding and seed production, operation, use, management and other activities by this Law.
Act referred to seeds, crops and trees is the planting material or propagation material, including grains, fruits and roots, stems, seedlings, buds, leaves, etc.
Article departments of agriculture, forestry administrative departments were in charge of the national crop seeds and tree seeds work; local people's governments above the county level agriculture, forestry administrative departments in charge of the administrative regions, respectively, seeds and tree seed crop work.
The state shall support the protection of germplasm and breeding, production, updating, promoting the use of improved varieties, to encourage breeding and seed production, the combination of management, rewards and protection of germplasm resources in breeding, promotion, and work performance significant units and individuals.
Article V above the county level shall, according to the agricultural and fisheries policies and farming, forestry development, the need for seed development plan and in accordance with relevant state regulations in the financial, credit and taxation measures to ensure implementation of the plan.
Article VI of the State Council and provincial, autonomous regions and municipalities to establish special funds for the support and promotion of Breeding. The specific measures by the State Council.
Article 7 The establishment of seed reserve system, mainly for the production needs of disaster, protect the safety of agricultural production. The seeds of the reserve should be regularly tested and updated. Seed reserve of specific measures by the State Council.
Chapter germplasm resources protection
Article 8 The State shall protect the germplasm resources, and no unit or individual may encroach upon and damage germplasm.
Prohibit collection or harvesting of state protection of natural germplasm. For scientific research or harvesting of special circumstances to be collected, it shall be the State Council or provincial, autonomous regions and municipalities of the agriculture, forestry administrative department for approval.
State shall have plans to collect, collate, identification, registration, preservation, exchange and utilization of germplasm resources, regularly publish directories for the use of germplasm. Concrete measures by the State Agriculture, forestry administrative department.
Departments of agriculture, forestry administrative departments should establish national germplasm bank, provinces, autonomous regions and municipalities in agriculture, forestry administrative departments under the need to establish germplasm banks, germplasm resources, germplasm resources, protected areas or protected.
The state sovereignty of germplasm resources, outside of any unit or individual to provide germplasm resources, should be approved by departments of agriculture, forestry administrative department for approval; germplasm introduced from abroad, according to State Department of Agriculture, forestry administrative departments relevant regulations.
Chapter breeding and validation
Article XI of the State Council of agriculture, forestry, science and technology, education and other administrative departments of provinces, autonomous regions and municipalities shall organize the relevant units for breeding theories, techniques and methods of research.
The state encourages and supports the units and individuals engaged in seed selection and development.
Article 12 The State introduced new plant variety protection system, through artificial cultivation of wild plants to be developed or discovered plant varieties, with novelty, distinctness, uniformity and stability, to grant plant variety rights, protection of new plant the legitimate interests of all varieties. The specific measures in accordance with relevant state regulations. Breeding of varieties have been popularized and applied, according to breeders to obtain the corresponding economic benefits.
Article XIII of units and individuals as a result of the administrative department of forestry tree seed selection To determine the forest, experimental forest, plus tree collection area, the gene pool and reduce economic income, approved the establishment of the forestry administrative department shall, in accordance with relevant state regulations to provide financial compensation.
Article XIV of the breeding of transgenic plant varieties, testing, validation and promotion of safety evaluation should be conducted, and to take strict security controls. The specific measures by the State Council.
Article XV major crop varieties and promote the use of the main forest species in the front should be through the national or provincial approval, applicants can apply for provincial approval or national approval. Provinces, autonomous regions and municipalities in agriculture, forestry administrative department of the main crop varieties and the main forest species to the provincial approval.
Main crop varieties and the main forest species validation approach should reflect the fair, open, scientific, principle of efficiency, by the departments of agriculture, forestry administrative department.
State Council and the provinces, autonomous regions and municipalities of the agriculture, forestry administrative departments were set up by the professionals of the crop species and varieties of trees Examination Committee, bear the major crop varieties and the major forest species of validation work.
In the ecological diversity of the region, provinces, autonomous regions and municipalities in agriculture, forestry administrative department may delegate districts, autonomous prefectures bear suitable for eco-region in particular promote the use of the main crop varieties and the major forest species of validation work .
Article XVI of the major crops by the national examination and the main varieties of seeds from the forest department of agriculture, forestry administrative department notice, in appropriate ecological zones to promote the country. Through the provincial approval of major crop varieties and seeds major forest provinces, autonomous regions and municipalities in agriculture, forestry administrative department announcement, you can fit in the administrative area of eco-regional outreach; neighboring provinces, autonomous regions and municipalities belong to the same appropriate ecological zones of the region, the provinces, autonomous regions and municipalities in agriculture, forestry administrative department after introduction.
Article XVII should be validated without the approval of crop varieties, and not advertising, not management, promotion.
Forest species should be validated without the approval of, not as a seed business, promotion, but the production really necessary to use, it shall be determined by the forest Variety Approval Committee.
Article 18 does not pass validation of crop species and varieties of trees, the applicant disagrees, you can apply to the Examination Committee or Examination Committee on an application for review.
Article 19 in China no habitual residence or place of business of the foreigner, foreign enterprise or other foreign organizations in China apply for approval of species, should be entrusted with legal personality of Chinese seed research, production, operators agent.
Chapter seed production
Diershitiao major commodity crops and seed production of major forest practice a licensing system.
Hybrid seeds of major crops and their parental seed, all the sub-conventional germplasm, the main varieties of tree seed production permit from the local county government agricultural production, forestry administrative department and the provincial, autonomous regions and municipalities in agriculture, forestry administration authorities issued; other seed production permit, from the production of local people's governments above the county level agriculture, forestry administrative department issued.
Twenty-one application for a permit seed production units and individuals shall meet the following conditions:
(A) with the isolation and cultivation of seed breeding conditions;
(B) non-quarantine pests with seed production sites or above the county level forestry administrative department of the seed Lin;
(C) has the funds to adapt to seed production and production test facilities;
(D) with the appropriate professional and technical personnel seed production and inspection;
(E) laws, regulations and other conditions.
Apply for new varieties of seeds with plant production license, it shall obtain the written consent varieties.
Article 22 The license shall indicate the production of seed production of varieties of seeds, place and duration of projects.
Prohibited to forge, alter, sale, lease seed production permit; No unit or individual without a license or permit is not in accordance with the provisions of seed production.
Article 23 shall implement the commodity seed production technology, seed production and seed testing procedures, quarantine procedures.
Article 24 of the base of tree seed collection seed production, seed production base by the operators of organizations, the seed should be collected in accordance with the relevant national standards.
Prohibit mining rush swept green, damaged mother trees is prohibited in the forest poor, poor quality seeds collected on the mother trees.
Article 25 shall establish commercial seed producers, seed production files, specifying location of production, production land environment Previous Crops, parent seed source and quality, technical director, field inspection records, place of origin meteorological records, the seed flow, etc. .
Chapter seed business
Article 26 seed business to implement licensing system. Seed seed operator license must be obtained only after the business license with the seed industry and commerce administration authorities to apply for or change the business license.
Different levels of approval of the seed business license issuance system. Seeds from the seed business license operators local people's governments above the county level agriculture, forestry administrative department issued. Hybrid seeds of major crops and their parental seed, all the sub-conventional germplasm, the main varieties of tree seeds business license, the operators at the county level by the seeds of government of agriculture, forestry administrative department and the provincial, autonomous regions and municipalities in agriculture, issued forestry administrative departments. Implementation of breeding, production, operation and reach of the State Council combined agriculture, forestry administrative department under the registered capital in the amount of seed companies and seed import and export business of the company's seed business license, the provinces, autonomous regions and municipalities in agriculture, forestry administrative department and the State Council of agriculture, forestry administrative department issued.
Article 27 individual farmers from the fan, personal use of conventional seeds remaining, can be sold in the bazaars, swap, no need for seed business license, the provinces, autonomous regions and municipalities to develop management practices.
Article 28 The state encourages and supports scientific research units, schools, research and development and scientific and technical personnel to operate and promote new varieties of crops and forest seeds.
Article 29 apply for seed business license units and individuals shall meet the following conditions:
(A) with business type and quantity of seed capital and to adapt to the ability to independently bear civil liability;
(B) can correctly identify the operation with the seeds, seed quality testing, seed storage control, storage technology personnel;
(C) with business seed type, quantity and place of business to adapt to processing, packaging, storage and storage facilities, seed quality testing equipment;
(D) laws and regulations and other conditions.
Seed is no longer the operator specializing in the packaging-packing seeds, or seeds by a seed operation license to the operator a written commission consignment of seed, the seed can not apply for business licenses.
Article 30 of the effective area of the seed business license by the issuing authority to determine its jurisdiction. Seed business operators in accordance with a valid permit to set up branches in the region can no longer handle the seed business license, but it should be changed in the process or within fifteen days after the business license to local agriculture, forestry administrative departments and the original certification authorities.
第 三十一条 seed seed business license shall indicate the scope of business, mode of operation and duration of the effective area and other projects.
Prohibited to forge, alter, sale, lease seed business license; No unit or individual without a license or permit is not operating in accordance with the seed.
Article 32 seeds operators should abide by relevant laws and regulations, to provide seed to seed the user a brief characters, the main cultivation practices, conditions of use of the description and the relevant consulting services, and is responsible for seed quality.
Any unit or individual may illegally interfere seed operators make their own decisions.
Article 33 without the provinces, autonomous regions and municipalities forestry administrative department for approval, the acquisition of valuable tree seeds and not the people's governments set limits on the acquisition of tree seeds.
Article 34 The sale of the seeds should be processing, grading, packaging. However, not processing, packaging, except.
Large packaging or repackaging imported seeds; implement-packing, packing unit shall be indicated, and is responsible for seed quality.
Article 35 The sale of the seeds should be labeled. Label should be marked seed type, variety name, origin, quality indicators, and quarantine certificate number, seed production and import license or approval document number and so on. Tagging the content of the seeds should be in line with sales.
Sales of imported seed shall be accompanied with a Chinese label.
Sales of genetically modified plant varieties of seeds, the text must be clearly marked, and should prompt the use of safety control measures.
Article 36 The operator shall establish seed seed business files, contain the seed source, processing, storage, transportation and quality testing of a brief description of various aspects and responsibilities, sales destination and so on.
Annual seed crop management files should be kept to two years after selling the seed, perennial seed crops and forest management file retention period by the department of agriculture, forestry administrative department.
Article 37 The contents of advertisements shall comply with the seed of this Law and relevant advertising laws and regulations, described the main character should be consistent with the validation notice.
Article 38 or by mail transporting the seeds out of the county shall be accompanied by health certificates.
Chapter VI of the seed used
Article 39 the right to seed the user wishes to purchase their own seed, and no unit or individual may illegally interfere.
Article 40 The state investment or investment-based reforestation projects of national and state-owned forestry unit of reforestation, forestry administrative departments should be developed based on the intended use of forest seeds.
Promote the use of state forest seeds to create a shelter, special use to support them.
第 四十一条 seed quality seed user losses due to the sale of seeds of operators should be compensated, including the purchase of types of compensation price, the costs and loss of profits.
Operator compensation, or other seed producers are the responsibility of the operator, the operator is entitled to recover the producer or other operators.
Article 42 The use of seeds of civil disputes occur, the parties through consultation or mediation. Parties do not want, through consultation, mediation or negotiation, mediation fails, according to the agreement between the parties to the arbitration body for arbitration. The party may also directly to the people's court.
Chapter VII of the seed quality
Article 43 seed production, processing, packaging, testing, storage and other quality management practices and industry standards, by the departments of agriculture, forestry administrative department.
Agriculture, forestry administrative department responsible for seed quality supervision.
Article 44 Agriculture, forestry administrative department of quality inspection agency can be entrusted to the seed tested for seed quality.
Bear seed quality inspection agency shall have the appropriate testing conditions and capabilities, and by the provincial people's government department in charge of the evaluation.
Article 45 shall be equipped with seed seed quality inspection agency inspectors. Seed inspectors shall meet the following conditions:
(A) relevant professional secondary technical school graduates or higher level;
(B) the technical work in seed testing more than three years;
(C) by the provincial people's government in agriculture, forestry administrative department passed the evaluation.
Article 46 prohibits the production, management leave, bad seed.
The following seeds for the fake seeds:
(A) non-seed or seed pretending to pretend he planted the seed of such varieties of varieties of seeds;
(B) the seed type, variety, origin and content tagging inconsistent.
The following seeds are bad seeds:
(A) less than the national quality standard of the species;
(B) less than the tagging quality indicators;
(C) the deterioration of the seed can not be used;
(D) the ratio of weed seeds than required;
(E) the object with the state quarantine pests.
Article 47 due to force majeure reasons, need to be used for the production of less than the national or local standard prescribed types of seed crops, farming should be used by local people's governments above the county level for approval; tree seeds should be used by the farming province, autonomous regions and municipalities for approval.
Article 48 in the breeding and seed production, operation and management of units and individuals shall comply with the plant quarantine laws and administrative regulations to prevent the dangerous plant diseases, insects, weeds and other pests and spread.
No unit or individual engaged in seed production base pest inoculation.
Chapter VIII of the seed export and international cooperation
Article 49 The import and export of seeds of seed must be quarantined to prevent the dangerous plant diseases, insects, weeds and other pests into and out of the territory outside the specific quarantine entry and exit in accordance with the plant quarantine laws and administrative regulations shall .
Article 50 in the seeds of goods import and export business corporations and other organizations, except with the seed business license, foreign trade should also be in accordance with relevant laws and administrative regulations to obtain permission to import and export trade in seeds.
Introduction of crops from abroad, the approval authority tree seeds, crops, tree seed import and export approval methods, the introduction of transgenic plant species management approach by the State Council.
第五十一条 seed quality imported goods should meet the national standards or industry standards. No national standards or industry standards, in accordance with contract standards.
Article 52 for the import of foreign seed seed, can be exempted from Article 50 of this Act restrictions, but should contract with foreign seed, the seed can only be used imported seed, not in domestic sales of its products .
Introduction of crops from abroad with the kinds of tests should be isolated cultivation, harvest and shall not sell the seed as a commodity.
Article 53 prohibits import and export of fake and inferior seeds and belong to the state shall not import and export of seeds.
Article 54 foreign enterprises, other economic organizations or individuals to invest in seed production in China, business, approval procedures and management practices by the State Council in accordance with relevant laws and administrative regulations.
Chapter IX seed administration
Article 55 Agriculture, forestry administrative department of the seed law enforcement agencies. Seed law enforcement officers carrying out public duties should be to produce the administrative law enforcement credentials.
Agriculture, forestry administrative departments for the implementation of this law, you can conduct on-site inspection.
Article 56 Agriculture, forestry administrative departments and their staff shall not participate and engage in seed production and business activities; seed production and management organizations shall not participate in the seed and the administration. Seed production and operation of administrative departments and financial institutions and must be separated.
Article 57 The departments of agriculture, forestry administrative departments and off-site breeding seeds of the province, autonomous regions and municipalities should work to strengthen seed breeding of off-site management and coordination of the transport sector should give priority to ensuring the transport of seeds.
Article 58 Agriculture, forestry administrative departments in accordance with the implementation of this Law, the issuance of licenses work, in addition to the fee charged by the license issued, shall be charged other fees.
Chapter Liability
Article 59 violation of this law, production, management leave, bad seed, people's governments above the county level agriculture, forestry administrative department or the industrial and commercial administration ordered to stop production, management, and illegal income confiscated seed, seed production revoked license, business license or business license seed, and impose a fine; the illegal income, impose a ten times more than five times the illegal income shall be imposed; there are no illegal gains, a fine of 2,000 to 50,000 yuan; constitutes a crime be held criminally responsible.
Violation of Article 60 of this Law, the following acts, the people's governments above the county level agriculture, forestry administrative department shall order correction, confiscate illegal income and seeds, and impose more than three times the illegal income shall be imposed; not illegal income, impose a fine of 30,000 yuan thousand dollars; can revoke the violator's license or seed seed production business license; a crime is constituted, criminal responsibility shall be:
(A) Failure to obtain seed production permit or forged, altered, traded, leased seed production license, permit or not in accordance with the provisions of the seed production of seed production;
(B) Failure to obtain seed operation license or forged, altered, traded, leased seed business license or business license is not in accordance with the provisions of the seed business seeds.
第 六十一条 violation of this Law, the following acts, the people's governments above the county level agriculture, forestry administrative department shall order correction, confiscate illegal income and seeds, and impose more than three times the illegal income shall be imposed; no illegal income, impose a fine of 20,000 yuan thousand dollars; a crime is constituted, criminal responsibility shall be:
(A) the seeds for the seed outside in domestic sales;
(B) the introduction of crop seeds from outside the experimental introduction of the harvest for the goods in the domestic seed sales;
(C) the unauthorized acquisition or unauthorized harvesting of state protection of natural germplasm.
Violation of Article 62 of this Law, the following acts, the people's governments above the county level agriculture, forestry administrative department or the industrial and commercial administrative organs shall order rectification and impose a fine of 1,000 to 10,000 yuan:
(A) the operator of the seed shall be packed and unpacked;
(B) the operation of the seed tag or label content is not inconsistent with this Act;
(3) forging, altering label or test and inspection data;
(D) failing to make, save seed production and business files;
(E) seed operators to establish branches in different places according to the specified record.
Violation of Article 63 of this Law, or to provide foreign germplasm introduced from abroad, the State Council or provincial, autonomous regions and municipalities of the agriculture, forestry administrative department of germplasm resources and illegal income confiscated and impose to 10000 yuan to 50,000 yuan.
Without obtaining the agriculture, forestry administrative department of the approval documents to carry, transport germplasm exit, the Customs shall detain the germplasm and transferred to provinces, autonomous regions and municipalities in agriculture, forestry administrative departments.
Violation of Article 64 of this Law, business, promotion should be validated and without approval of the seed, by the people's governments above the county level agriculture, forestry administrative department shall order to stop the seed business, marketing, seed and illegal income confiscated, and impose a fine of 50,000 yuan.
Violation of Article 65 of this Law, looting swept green mining, damage or poor quality mother trees within the forest and the bad seed on the mother tree, by the people's governments above the county level shall be ordered to stop forestry seed acts, confiscate the seeds collected, and impose the tree seeds collected more than three times the value of a fine; constitute a crime, be held criminally responsible.
Article 66 violation of the provisions of Article 33 of this Law the acquisition of tree seeds, and by the people's governments above the county level forestry administrative department confiscated by the acquisition of seeds, tree seeds in addition to a purchase price of two times the fine.
Violation of Article 67 of this Law, pests and diseases in seed production base for vaccination trials, people's governments above the county level agriculture, forestry administrative department shall order to stop testing, a fine of 50,000 yuan.
Article 68 of the seed quality inspection agency issued a false inspection certificate, and seed producers, sellers jointly and severally liable; and seed quality inspection agency shall be investigated and persons responsible for the administrative responsibility; constitute a crime, be held criminally responsible.
Article 69 to force the seed users against their will to buy, use seed losses to the user, it shall bear the liability.
Article 70 Agriculture, forestry administrative departments violate this law, do not have the conditions of seed producers, seed production permit issued by the operator or the seed business license, the directly responsible person in charge and other directly responsible personnel shall given administrative sanctions; constitute a crime shall be held criminally responsible.
第 七十一条 seed administrators favoritism, abuse of power, dereliction of duty, or violation of this law in seed production, business activities, shall be given administrative sanctions; constitutes a crime, be held criminally responsible.
Article 72 the parties that the relevant administrative organs of the specific administrative act has infringed their lawful rights and interests, may apply for administrative reconsideration or directly to the people according to the law courts.
73 Agriculture, forestry administrative agency to revoke the violator's business license after the seed, it shall notify the industrial and commercial administrative organs according to cancel or change the violator's business license.
Chapter XI Supplementary Provisions
Article 74 of this Law the following terms mean:
(A) germplasm is the basic material for breeding new varieties, including plant cultivars, wild species of breeding material and the use of the artificial breeding material to create a variety of plant genetic material.
(B) the species is through artificial selection or discovered and improved, consistent morphological and biological characteristics, genetic traits relatively stable plant communities.
(C) the main crop is rice, wheat, corn, cotton, soybeans and the department of agriculture administration department and the provinces, autonomous regions and municipalities, respectively, their competent administrative department of agriculture to determine the other one to two kinds of crops.
(D) of forest seed is through the validation of tree seeds, in a certain area, the yield, adaptability, resistance so much better than current cultivars and planting materials, breeding materials, materials.
(E) label is fixed to the packaging of the seed surface and inside and outside the specific patterns and text.
Article 75 of this Law referred to the main forest by the State Council administrative department of forestry and published; provinces, autonomous regions and municipalities in the administrative departments of forestry forestry administrative department of the State Council, the main trees identified eight more than the following primary forest.
Article 76 grass, mushroom species germplasm management and breeding, production, management, use, management and other activities, with reference to this Law.
Article 77 PRC has signed or acceded to relevant international treaties and seeds and provisions of this Law, the applicable provisions of international treaties; However, except for the PRC has made reservations.
Article 78 This Law December 1, 2000 shall come into force. March 13, 1989 the State Council issued the "People's Republic of seed regulations" shall be repealed simultaneously.