The Seed Law of People's Republic of China (PRC) (hereinafter referred to as the Seed Law) was revised and passed by the 17th meeting of the Standing Committee of the 12th NPC on 20 15+0 1.04, and will be implemented on 20 16+06+0.06. In order to conscientiously implement the newly revised seed law, comprehensively promote the operation of seeds according to law, and promote the development of modern seed industry, we are hereby notified as follows.
First, enhance the consciousness and sense of responsibility of studying and implementing the seed law.
(1) Understand the meaning deeply. The newly revised Seed Law is a comprehensive revision and improvement of the basic legal system of China's seed industry on the basis of summing up the practice in 15 years, combining the needs of modern agricultural development and the present situation of seed industry, and drawing lessons from the international legislative concept of seed industry. This revision has implemented the central government's requirements of comprehensively deepening reform and the strategic layout of governing the country according to law, which is in line with the deployment of developing modern seed industry and the objective requirements of China's seed industry reform and development. It has laid a legal foundation for accelerating the development of modern seed industry and building a seed industry power, and is of great significance for changing the mode of agricultural development and ensuring national food security. Agricultural departments at all levels should thoroughly study and understand, update their concepts, deepen their understanding, unify their thoughts and actions with the new requirements of the seed law, earnestly enhance their sense of mission and responsibility, implement various legal systems and responsibilities, and comprehensively promote the rule of law.
(2) Accurately grasp the spiritual essence. The Seed Law aims at developing modern seed industry, ensuring food security and protecting farmers' interests, adheres to the direction of market-oriented reform, and comprehensively reforms the systems of scientific research and breeding, production and management, supervision and management of seed industry in accordance with the principles of encouraging innovation and decentralization. To study and implement the seed law, we must persist in deepening the reform of the seed industry system, promote the decentralization of seed management, and stimulate the vitality of market players; We must persist in strengthening the dominant position of enterprise innovation, promote scientific research reform and independent innovation, and protect the legitimate rights and interests of innovators; We should persist in protecting farmers' interests, improve enterprise behavior norms, strengthen supervision after the event, strengthen the implementation of the main responsibility, and increase the punishment and compensation liability for illegal acts; Adhere to ensuring food security, improve the supervision and management of seed quality, improve the seed reserve system, standardize foreign exchanges and cooperation of seed industry, strengthen safety review, and ensure the safety of seed industry.
Two, establish and improve the legal system to adapt to the development of modern seed industry.
(3) Establish financial support to encourage innovation and a variety right protection system. Adhere to the concept of innovation-driven development, increase financial input and policy support for seed industry innovation, support basic research in scientific research units and independent innovation in enterprises, and promote the institutionalization of policies to encourage innovation. Improve the protection and utilization system of germplasm resources, and promote the innovation and open utilization of germplasm according to law. We will implement a strict protection system for new plant varieties, optimize the process of application, acceptance, examination and authorization of variety rights, improve the information disclosure mechanism of variety rights, and protect the legitimate rights and interests of variety owners. Establish a public transfer system of seed industry scientific research results based on financial support according to law, and prohibit private transactions.
(four) improve the variety management system to adapt to the development of modern agriculture. In order to cultivate new varieties with high quality, high yield, multi-resistance, wide adaptability and suitable for mechanization, we should reform the examination and approval system of main crop varieties and establish a "green" index system focusing on seed safety. Broaden the channels of variety test, and support the integrated enterprises of breeding, reproduction and extension to independently carry out variety test; Encourage qualified enterprise consortia, scientific research consortia and research institutes to organize variety tests and bring them into the unified management of national or provincial tests. Establish an inter-provincial introduction filing system in the same ecological region, and clarify the responsibilities of the introducers. Adhere to the market demand-oriented, in accordance with the requirements of national unity, coordination between ministries and provinces, the establishment of non-main crop varieties registration system.
(five) improve the seed enterprise access and code of conduct system. In accordance with the requirements of decentralization, combination of decentralization and management, and optimization of services, the seed production and operation licensing system will be merged, the registered capital will be cancelled, and the licensing examination and approval procedures will be simplified to facilitate applicants. For enterprises to set up branches, entrust production or consignment, and specialize in packaging seeds that are no longer repackaged, establish a county-level filing system, and use the national seed industry information platform to carry out online application, license approval and online filing. We will promote the construction of a code of conduct for enterprises, improve the archives system for seed production and operation, the authenticity system of labels and the quarantine system of origin, and establish a credit information disclosure mechanism for enterprises.
(6) Strengthen the industry supervision system for seed industry safety. Improve the seed quality supervision and management system, improve the testing technical standards, implement the voluntary seed certification system, strengthen the implementation of the main responsibility of quality and safety, realize traceability combined with label information, and ensure seed quality and safety. Establish and improve the national and provincial seed reserve system aimed at disaster relief and surplus and deficiency adjustment. Improve the seed import and export management system, introduce foreign excellent variety resources, and accelerate foreign cooperation and exchanges. In accordance with the principle of equality, mutual benefit and win-win, establish a safety review mechanism for seed industry's foreign investment and cooperative research and development, and safeguard national sovereignty and seed industry safety.
Three, earnestly fulfill the duties and tasks entrusted by the "Seed Law"
(seven) to perform administrative duties according to law. Strengthen the examination and approval management of main crop varieties, standardize the examination and approval procedures, strengthen the process supervision, start the inter-provincial introduction record in the same ecological area, and improve the quality and efficiency of introduction. Implement the registration of non-major crop varieties and strengthen the management of registration information and standard samples. Strengthen the protection and management of new variety rights, expand the scope of protection, speed up DUS testing authorization, carry out variety DNA identification and identity identification, and improve the level of protection. At the provincial level, it is necessary to strictly integrate the examination and approval of enterprise licenses and strengthen the protection of germplasm resources, seed reserves and import and export management; County-level seed production and operation license and filing management shall be carried out according to law.
(8) Strengthen market supervision. Take effective measures to strengthen market supervision and law enforcement supervision, punish illegal acts that infringe on farmers' interests and legitimate rights and interests of enterprises according to law, and incorporate illegal records into the social credit information system. Strengthen supervision after the event, seize key crops and key areas, carry out enterprise supervision, market inspection and base inspection in accordance with the requirements of "double randomness", strengthen supervision over the authenticity of seed labels, and exercise administrative compulsory power according to law. With the authenticity of varieties as the core, we will crack down on illegal acts such as counterfeiting and infringement by using national variety data, standard samples and rapid detection methods. The competent agricultural departments at higher levels should strengthen the supervision of the supervision of the competent agricultural departments at lower levels according to law, strengthen administrative accountability, and resolutely correct acts such as inaction and chaos.
(9) Promoting the reform of the seed industry system. It is necessary to take promoting seed industry reform as an important duty of agricultural authorities at all levels to enhance the vitality of seed industry innovation and development through reform. Adhere to the rational division of labor between basic scientific research and commercial breeding, strengthen the dominant position of enterprise innovation, and encourage enterprises to cultivate new varieties by using public welfare achievements. Promote the reform of the rights and interests of scientific research achievements in seed industry, explore the establishment of the rights and interests sharing of achievements, the transfer and transformation of scientific research personnel and the classified management mechanism, and promote the orderly flow of scientific research talents to enterprises. Promote the cooperation between seed industry and enterprises, establish an R&D innovation system combining Industry-University-Research, and improve the integration level of seed industry breeding, propagation and extension.
(ten) to promote the implementation of seed industry policy. Strengthen communication with finance, development and reform, science and technology, finance, insurance and other departments, strengthen the work coordination mechanism, and put legal policies and measures in place. With the goal of encouraging variety innovation, we will increase financial input, support the protection of germplasm resources and variety breeding, testing, demonstration and popularization, and establish a post-variety subsidy mechanism according to the research of popularization area. In order to stabilize the base and improve the production capacity, the superior seed production base will be included in the permanent protection scope of basic farmland, and policies such as incentives for large seed production counties, seed production insurance and agricultural machinery subsidies will be implemented to accelerate the construction of improved seed production bases.
Four, to further improve the ability to manage species according to law and management efficiency.
(eleven) to clarify and strengthen the function of managing seeds according to law. Agricultural authorities at all levels should clarify and strengthen the functions of seed management in accordance with the law, speed up the transformation from seed management to seed management, strengthen the management of germplasm resources collection, new variety protection, variety examination and registration, seed production and operation license and filing, quality supervision, adhere to the principle of combining food cash crops, seeds and seedlings with management services, and change from pre-permission to post-supervision, so as to build a seed management system with advanced concepts, clear functions and sound systems. Comprehensive law enforcement agencies affiliated to agricultural departments at all levels or seed management agencies entrusted by them shall carry out seed law enforcement related work according to law, and establish and improve the supervision mechanism of the whole process of seeds.
(twelve) to strengthen the county management team and capacity building. County-level agricultural departments are the grass-roots forces to implement seed law. Enrich the county-level seed management law enforcement team, strengthen seed production and business license, record management and investigate and deal with counterfeiting and infringement cases. Follow-up evaluation and seed industry information collection after variety test demonstration, approval or registration. Strengthen management capacity building, improve infrastructure conditions such as germplasm resources protection, variety testing, demonstration, seed inspection and law enforcement equipment, establish and improve technical standards and management systems, ensure seed management funds, and improve technical support and service capabilities.
(thirteen) to promote the information construction and traceability management of seed industry. Establish a national seed industry big data information platform, collect information such as variety protection, approval, registration, seed production and operation license, filing and labeling, build a data link from variety selection to seed retail, and use informationization to run through the whole process of seed industry management to improve management efficiency. Strengthen seed industry information collection and analysis, do a good job of docking and data sharing with the national information platform, and realize inquiry and traceability. Implement variety identification and seed quality certification to provide information support for scientific and fair law enforcement. Encourage the use of the Internet to establish big data for farmers to promote varieties, form a new variety display and demonstration system combining online and offline, and provide information services for farmers to purchase improved varieties and enterprises to promote improved varieties.
(fourteen) to strengthen the management of law enforcement efficiency and style construction. Strengthen the construction of seed management and law enforcement system, strengthen the linkage mechanism between provinces and regions, and promote information sharing and results disclosure. Establish a list of seed management responsibilities, so that the right must be responsible, the right to use is supervised, and violations are investigated. Intensify the investigation and handling of cases, severely punish illegal acts in accordance with the law, promptly hand over suspected crimes to judicial organs, and put an end to escrow with punishment and substituting punishment with punishment. Those who practise fraud in the management, testing and testing personnel involved in seed production and operation, and those who fail to be investigated by law enforcement personnel, should be severely investigated and punished according to the law and discipline, and be held accountable.
Five, strengthen the organization and leadership of the implementation of the "seed law"
(15) Strengthen overall coordination. Agricultural departments at all levels should put the implementation of the seed law in a more prominent position, strengthen organizational leadership, strengthen departmental cooperation, and do a good job in the implementation of the seed law. For matters such as new statutory duties and management functions, it is necessary to strengthen communication and coordination with the departments of preparation, personnel, development and reform, finance, etc., and support corresponding safeguard measures. Give full play to the role of seed industry associations in publicizing laws and regulations, strengthening industry self-discipline, safeguarding legitimate rights and interests, promoting credit construction, participating in social supervision, and providing consulting services.
(sixteen) improve the supporting laws and regulations. According to the requirements of the Seed Law, the Ministry of Agriculture is working hard to formulate and revise supporting laws and regulations such as variety approval. Provincial agricultural authorities should take the initiative to communicate and report with the provincial people's congress legislature, the government and relevant departments, actively cooperate with the implementation of the Seed Law, and promote the revision of local laws and regulations. Agricultural departments at all levels should carefully sort out the rules and regulations of seed management according to the actual situation of local agricultural development and seed industry, promptly clean up and abolish those that do not meet the spirit of the seed law, and timely revise and improve those that do not meet the new requirements.
(seventeen) to strengthen the legal publicity and training. Provincial agricultural authorities should formulate a publicity and training plan for the Seed Law and carry out various publicity and training activities in combination with the key season of seed supply. Strengthen teacher training, accurately grasp the spirit and principles of legislation, and achieve a profound understanding and systematic teaching. It is necessary to take the county as a unit to carry out training for scientific research units, enterprises, distribution shops, large growers and professional cooperatives, so as to lay a solid foundation for the whole industry to know and abide by the law and practice according to law. Through radio and television, online newspapers, wall charts, etc. Popularize new laws and regulations to rural grassroots farmers, let operators consciously abide by the law, and farmers learn to protect their rights and interests with the law.
(eighteen) to supervise and inspect the implementation. Agricultural departments at all levels should strengthen the investigation on the progress of the implementation of the seed law, timely reflect the new situations and problems arising in the implementation, formulate response plans and solutions, and ensure the smooth implementation and orderly convergence of the law. Provincial agricultural authorities should strengthen the supervision and inspection of the implementation of the Seed Law, and submit the overall implementation to the Seed Administration of the Ministry of Agriculture before the end of 20 16. The Ministry of Agriculture will organize and carry out national implementation inspection in a timely manner, create a good situation in which laws are strictly observed and enforced, and ensure the development of modern seed industry according to law.