(June, 5438 +65438 10+February, 2006, Decree No.56 of the Ministry of Agriculture was issued; 20 13 12 3 1 Ministry of agriculture order 20 13 No.5 2014 No.3 2015 2018 April
Chapter I General Principles
Article 1 In order to standardize and strengthen the management of grass seeds, improve the quality of grass seeds, safeguard the legitimate rights and interests of grass seed breeders, producers, operators and users, and promote the healthy development of grass industry, these Measures are formulated in accordance with the Seed Law of People's Republic of China (PRC) and the Grassland Law of People's Republic of China (PRC). Article 2 These Measures shall be observed in the breeding, production, operation, use and management of grass seeds in People's Republic of China (PRC). Article 3 The term "grass seeds" as mentioned in these Measures refers to the planting materials or propagation materials such as seeds, fruits, roots, stems, seedlings, leaves and buds of herbs and forage shrubs used for animal feeding, ecological construction and greening and beautification. Article 4 The Ministry of Agriculture shall be in charge of the management of grass seeds throughout the country. Grassland administrative departments of local people's governments at or above the county level shall be in charge of the management of grass seeds within their respective administrative areas. Fifth grassland administrative departments and their staff shall not participate in and engage in grass seed production and business activities; Grass seed production and operation institutions shall not participate in and engage in grass seed administration. Grass seed administrative departments and production and operation institutions must be separated in personnel and finance. Article 6 The grassland administrative department of the local people's government at or above the county level shall strengthen the protection of grass germplasm resources and the breeding, production, renewal and popularization of improved varieties, encourage the combination of breeding, production and management, and reward units and individuals that have made remarkable achievements in the protection of grass germplasm resources and the breeding and popularization of improved varieties.
Chapter II Protection of Grass Germplasm Resources
Article 7 The State protects forage germplasm resources, and no unit or individual may occupy or destroy them. Article 8 The Ministry of Agriculture shall, according to needs, compile a list of national key protected forage germplasm resources. Article 9 The Ministry of Agriculture shall organize relevant units to collect, sort out, identify, register, preserve, exchange and utilize forage germplasm resources, establish a forage germplasm resource bank, and regularly publish a list of available forage germplasm resources. Article 10 The Ministry of Agriculture and the grassland administrative department of the provincial people's government shall establish national and local grassland germplasm conservation zone or protected areas as needed. Eleventh prohibit the collection and excavation of natural forage germplasm resources under special state protection. If it is really necessary to collect and excavate due to special circumstances such as scientific research, it shall be audited by the grassland administrative department of the provincial people's government and reported to the Ministry of Agriculture for approval. Twelfth grass germplasm resources introduced from abroad shall be quarantined according to law. Grass seeds introduced for the first time should be isolated for trial planting, risk assessment should be carried out, and they can be used only after being confirmed to be safe. Article 13 The state enjoys sovereignty over forage germplasm resources. Any unit or individual that provides grass germplasm resources abroad shall be audited by the grassland administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government and submitted to the Ministry of Agriculture for approval.
Chapter III Breeding and Examination of Grass Species
Article 14 The State encourages units and individuals to engage in the breeding of grass seeds, encourages scientific research units and enterprises to jointly breed grass seeds, and encourages enterprises to invest in breeding grass seeds. Article 15 The State implements the examination and approval system for new grass varieties. New varieties of grass seeds that have not been examined and approved shall not be advertised, marketed or popularized. Article 16 The Ministry of Agriculture shall set up a national forage variety examination and approval committee to be responsible for the examination and approval of new forage varieties. The National Committee for the Examination and Approval of Grass Varieties is composed of professionals with senior titles or above in related scientific research, teaching, technical popularization and administrative management. The chairman, vice-chairmen and members of the National Grass Variety Approval Committee shall be appointed by the Ministry of Agriculture. Seventeenth new forage varieties approved by the National Forage Variety Approval Committee issued a certificate, the Ministry of Agriculture announced. The announcement of examination and approval shall include the name of the variety examined and approved, the breeder, the adaptation area, etc. If the examination and approval is unqualified, the National Grass Variety Examination and Approval Committee shall notify the applicant in writing and explain the reasons. Article 18 If a foreign citizen, foreign enterprise or other foreign organization that has no habitual residence or business place in China applies for the examination and approval of new varieties of grass seeds in China, it shall entrust a China grass seed research, production and management institution with legal person status as an agent.
Chapter IV Grass Seed Production
Article 19 A licensing system shall be implemented for the production of major grass seeds. The grass seed production license shall be issued by the grassland administrative department of the provincial people's government where the grass seed production unit or individual is located. Article 20 Units and individuals applying for the production license of grass seeds shall meet the following conditions: (1) Having the conditions for isolated cultivation of breeding grass seeds; (2) Having the place of origin of grass seeds without quarantine objects as stipulated by the state; (3) Having funds and production and inspection facilities suitable for grass seed production; (4) Having corresponding professional production and inspection technicians; (5) Other conditions stipulated by laws and regulations. Article 21 To apply for a grass seed production license, the following materials shall be submitted: (1) An application form for a grass seed production license; (2) the qualification certificate of professional production and inspection technicians; (3) A copy of the business license; (four) inspection facilities and equipment list, photos and proof of property rights or legal use rights; (five) introduction of grass seeds in the threshing floor or photos of grass seed drying equipment and proof of property rights or legal use rights; (six) photos of grass seed storage facilities and proof of property rights or legal use rights; (seven) the quarantine certificate and introduction of forage seed origin; (eight) grass seed production quality assurance system; (9) Introduction of variety characteristics. If the variety is an authorized variety, a written certificate of consent of the variety owner or a variety transfer contract shall also be provided; If the grass seeds produced are genetically modified varieties, a safety certificate for agricultural genetically modified organisms shall also be provided. Article 22 The examination and approval authority shall complete the examination within 20 days from the date of accepting the application, and make a decision on whether to issue a grass seed production license. If it is not approved, it shall notify the applicant in writing and explain the reasons. When necessary, the examination and approval authority may conduct on-the-spot investigation on the production site, drying facilities, storage facilities, inspection facilities and instruments and equipment. Article 23 The model of grass seed production license shall be uniformly stipulated by the Ministry of Agriculture. The grass seed production license is valid for 3 years, and if it is necessary to continue production after the expiration, the licensee shall re-apply for the original license according to the original application procedures 3 months before the expiration. In the period of validity of the grass seed production license, if the license indicates the change of the project, the licensee shall go through the change formalities with the original examination and approval authority and provide the corresponding certification materials. Twenty-fourth it is forbidden for any unit or individual to engage in the production of main grass seeds without a license. It is forbidden to forge, alter, buy, sell or lease the grass seed production license. Article 25 Grass seed production units and individuals shall produce grass seeds in accordance with the technical regulations for grass seed production, and establish grass seed production files, which shall specify the production location, production plot environment, previous crops, source and quality of parent seeds, technical person in charge, field inspection records, meteorological records of production areas, seed flow direction, etc. Grass seed production files shall be kept for 2 years.
Chapter V Management of Grass Species
Twenty-sixth grass seed business license system. After obtaining the business license of grass seeds, the business units and individuals of grass seeds shall apply to the administrative department for industry and commerce for handling or changing the business license on the basis of the business license of grass seeds, except that it is not necessary to handle the business license in accordance with the provisions of the Seed Law. The business license for hybrid seeds of main grass seeds, their parent seeds and conventional seeds shall be audited by the grassland administrative department of the people's government at the county level where the grass seed business units and individuals are located, and issued by the grassland administrative department of the people's government at the provincial level. Engaged in the import and export business of grass seeds, the business license of grass seeds shall be audited by the grassland administrative department of the provincial people's government where the grass seed business unit or individual is located, and issued by the Ministry of Agriculture. Other grass seed business licenses shall be issued by the grassland administrative department of the people's government at the county level where the grass seed business unit or individual is located. Article 27 Units and individuals applying for a business license for grass seeds shall meet the following conditions: (1) They have funds commensurate with the variety and quantity of grass seeds they operate and have the ability to bear civil liabilities independently; (2) Having personnel who can correctly identify the grass seeds they manage, check the quality of the grass seeds and master the storage and preservation technology of the grass seeds; (3) Having business premises and storage facilities suitable for the species and quantity of grass; (4) Other conditions stipulated by laws and regulations. Article 28 To apply for a business license for grass seeds, the following materials shall be submitted: (1) An application form for a business license for grass seeds; (two) photos of the business premises, proof of property rights or proof of legal use rights; (three) a list of storage facilities for grass seeds, photos and proof of property rights or legal use rights. Twenty-ninth examination and approval authorities shall complete the examination within 20 days from the date of accepting the application, and make a decision on whether to issue a business license for grass seeds. If it is not issued, it shall notify the applicant in writing and explain the reasons. When necessary, the examination and approval authority may conduct on-the-spot investigation on the business premises, processing, packaging, storage and safekeeping facilities and instruments and equipment for testing the quality of grass seeds. Article 30 The model of grass seed business license shall be uniformly stipulated by the Ministry of Agriculture. The grass seed business license is valid for 5 years. If it is necessary to continue to operate after the expiration, the operator shall re-apply for the original license according to the original application procedures three months before the expiration. In the period of validity of the grass seed business license, if the license indicates the change of the project, the licensee shall go through the change formalities with the original examination and approval authority and provide the corresponding certification materials. Article 31 No unit or individual may operate grass seeds without a license. It is forbidden to forge, alter, buy, sell or lease the business license of grass seeds. Thirty-second operators of grass seeds should be responsible for the quality of grass seeds they manage, abide by the provisions of relevant laws and regulations, and provide advisory services to users of grass seeds such as characteristics of grass seeds and cultivation techniques. Thirty-third sales of grass seeds should be packaged. In case of sub-packaging, the sub-packaging unit, the name of the original grass seed or grass seed and the place of origin shall be indicated. Thirty-fourth sales of grass seeds should be attached with labels. The label shall indicate the seed, variety name, seed batch number, place of origin, production time, name of production unit and quality index. The contents indicated on the label shall be consistent with the grass seeds sold. The sale of imported grass seeds shall be accompanied by Chinese labels. Article 35 A grass seed operator shall establish a grass seed management file, which shall include a brief description of the source, processing, storage, transportation, quality inspection, responsible person and sales destination of grass seeds. The business files after the sale of grass seeds shall be kept for 2 years. Thirty-sixth grassland administrative departments at or above the county level shall strengthen the supervision and management of local grass seed advertisements. The contents of grass seed advertisements shall comply with relevant laws and regulations, and the main text description shall be consistent with the examination and approval announcement, and no false or misleading propaganda shall be carried out.
Chapter VI Grass Seed Quality
Article 37 The Ministry of Agriculture is responsible for formulating the national plan for supervision and spot check of forage seed quality and the plan for supervision and spot check of forage seed quality at the corresponding level, and the grassland administrative department of the local people's government at or above the county level shall formulate corresponding supervision and spot check plans according to the national plan and local actual conditions. The expenses required for supervision and spot checks shall be included in the budget of the grassland administrative department, and no fees shall be charged to the enterprises that have been spot-checked. Grassland administrative departments have implemented supervision and spot checks of enterprises, within 6 months from the date of spot checks, grassland administrative departments at the same level or below shall not repeat supervision and spot checks on the same crop seeds of the enterprise. Thirty-eighth grassland administrative departments may entrust grass seed quality inspection institutions to inspect the quality of grass seeds. The institutions undertaking the quality inspection of grass seeds shall have the corresponding inspection conditions and capabilities, and pass the examination by the relevant competent departments of the provincial people's government. Thirty-ninth forage seed inspectors of forage seed quality inspection institutions shall meet the following conditions: (1) having a college education or above in related majors or a technical title above the intermediate level; (two) engaged in grass seed inspection technology for more than 3 years; (three) by the provincial people's government administrative department of grassland audit qualified. Fortieth supervision and spot check of forage seeds should be based on the "national forage seed inspection regulations" for quality inspection. If there is no provision in the national forage seed inspection regulations, the quality inspection shall be carried out in accordance with the international seed inspection regulations. Forty-first "grass seed quality inspection report" shall indicate the name of grass seed, sampling date, number of grass seeds to be inspected, seed batch number, inspection results and other related contents. The quality inspection report of forage seeds shall be filled out by certified forage seed inspectors, signed by the person in charge of the inspection agency, and stamped with the special seal for inspection of the inspection agency. Article 42 Anyone who disagrees with the inspection result shall submit a written application for re-inspection to the grassland administrative department that assigned the task within 15 days from the date of receiving the notice of the inspection result. Failing to apply within the time limit shall be regarded as the approved inspection result. The grassland administrative department that receives the application for re-examination shall conduct a review, and if re-examination is needed, it shall make timely arrangements. Article 43 It is forbidden to produce and sell fake and inferior grass seeds. The following grass species are false grass species: (1) using non-grass species as grass species or using this product as grass species of other varieties; (two) the grass species, varieties and places of origin are inconsistent with the contents marked on the label. The following grass species are inferior: (1) the quality is lower than the national planting standard; (two) the quality is lower than the labeling index; (three) due to deterioration can not be used as grass seeds; (four) the proportion of weed seeds exceeds the prescribed; (five) with the national quarantine object. Article 44 Grass seeds produced and marketed shall be quarantined in accordance with the provisions of relevant laws and regulations on plant quarantine to prevent the spread and spread of plant dangerous sexually transmitted diseases, insects, weeds and other harmful organisms. It is forbidden for any unit or individual to engage in inoculation tests of pests and diseases in grass seed production bases.
Chapter VII Import and Export Administration
Article 45 Units engaged in the import and export business of grass seeds shall, in addition to holding the business license of grass seeds, obtain the import and export trade qualification of grass seeds in accordance with the relevant provisions of national foreign trade laws and regulations. Article 46 The import and export of grass seeds shall be subject to the examination and approval system. Units and individuals applying for the import and export of forage seeds shall fill in the Approval Form for the Import (Export) of Forage Seeds, and go through the import and export formalities according to law after being approved by the grassland administrative department of the provincial people's government. The validity of the approval form for import and export of grass seeds is 3 months. Article 47 The import and export of grass seeds shall meet the following conditions: (1) The quality of grass seeds shall meet the national standards; (two) the name, quantity, origin and other relevant certificates are true and complete; (three) do not belong to the state banned the import and export of grass seeds. Units and individuals applying for import and export of grass seeds shall provide the following materials: (1) business license of grass seeds, copy of business license and import and export trade qualification certificate; (two) the name, quantity and certificate of origin of the grass seeds; (three) the foreign certification certificate or variety registration list of introduced forage varieties. Forty-eighth imported forage seeds used for overseas seed production may not be restricted by Article 45 of these Measures, but they shall have overseas seed production contracts. Imported seeds can only be used for seed production, and their products may not be sold in China. The experimental grass seeds imported from abroad shall be cultivated in isolation, and the harvested seeds shall not be sold as commodities.
Chapter VIII Supplementary Provisions
Forty-ninth in violation of the provisions of these measures, shall be punished in accordance with the relevant provisions of the "People's Republic of China (PRC) Seed Law" and "People's Republic of China (PRC) Grassland Law". Article 50 The management of breeding, testing, popularization, production, processing, management and import and export activities of genetically modified grass varieties shall also comply with the provisions of the Regulations on the Safety Management of Agricultural Genetically Modified Organisms. Article 51 In addition to these measures, the collection, excavation, overseas provision and introduction of grass germplasm resources listed in the national key protected wild plants shall go through the relevant examination and approval procedures in accordance with the Regulations on the Protection of Wild Plants in People's Republic of China (PRC) and the Measures for the Protection of Agricultural Wild Plants. Article 52 The main grass species mentioned in these Measures refer to alfalfa, astragalus adsurgens, Caragana vicina, clover, astragalus, Stylosanthes, Pennisetum, Elymus sibiricus, Agropyron cristatum, Leymus chinensis, Festuca arundinacea, Eupatorium adenophorum, Elymus nutans, Lespedeza, Celosia cristata, Bromus inermis, oats, triticale, Lolium perenne and Lycopodium japonicum. The term "grass seeds" as mentioned in these Measures does not include feed corn, feed sorghum and other field crops. Article 53 These Measures shall come into force as of March 6, 2006. 1984101The Interim Measures for the Management of Forage Seeds (for Trial Implementation) issued by the Ministry of Agriculture, Animal Husbandry and Fisheries on October 25th shall be abolished at the same time. In 200 1 year, the Ministry of Agriculture began to draft the Measures for the Management of Forage Seeds (hereinafter referred to as the Measures). According to the Seed Law of People's Republic of China (PRC), Grassland Law of People's Republic of China (PRC) and related policies, we listened to the suggestions of experts, scholars and practitioners in the industry, and solicited the opinions of the State Forestry Administration and relevant departments, and formulated and issued the Grassland Law of People's Republic of China (PRC). The Measures will be formally implemented on March 1. In order to better understand and implement the Measures, the reporter interviewed Jack Luo, deputy director of the Grassland Department of the Animal Husbandry Department of the Ministry of Agriculture. When talking about the legislative intention of formulating the Measures, Jack Luo said that China is rich in grass seed resources and its consumption is increasing year by year. Because grass seeds have many characteristics different from those of crops and forest trees, they are very different from those of crops and forest trees in production, processing, inspection standards and conditions. The Interim Measures for Grass Seed Management (for Trial Implementation) promulgated by 1984 has failed to meet the needs of the new situation. In order to strengthen and standardize the management of grass seeds in China, these measures are formulated. After China's entry into WTO, the foreign trade operation of grass seeds has greatly increased, but many management measures are still not perfect, and some practices are inconsistent with international practice. The promulgation of the "Measures" has standardized various management systems, defined various subjects and improved relevant technical regulations, which will play an important role in promoting the development of China's grass seed international trade, improving the international competitiveness of China's grass seed production and operation enterprises and protecting the rights and interests of Chinese enterprises in international trade. The Measures consists of 8 chapters and 53 articles. The main contents include the basic principles of grass seed management, grass germplasm resources protection, grass seed breeding and approval, grass seed production and management, grass seed quality and grass seed import and export management. Jack Luo interpreted the Measures. ◆ "Grass seed" has a new definition, which increases the definition range of individual genetic material. Article 3 of the Measures stipulates: "Grass seeds mentioned in these Measures refer to planting materials and propagation materials such as seeds, fruits, roots, stems, seedlings and buds of herbs and forage shrubs used for animal feeding, ecological construction and greening." This regulation defines "grass seed" from three aspects: first, its use; Second, botany; Thirdly, in terms of planting and propagating materials, the conventional planting materials and propagating materials such as seeds and fruits are directly pointed out by listing, and various genetic materials such as pollen, cells, protoplasts, organelles, chromosomes and DNA that can propagate new individuals through modern biotechnology are also summarized as "planting materials and propagating materials are equivalent". In the supplementary provisions of Chapter VIII, the main grass species mentioned in the Measures are also enumerated. ◆ The scope of application of the management subject is clear. The "Measures" clarified the management subject of grass seeds. The Ministry of Agriculture is in charge of the management of grass seeds throughout the country, and the grassland authorities of local people's governments at or above the county level are in charge of the management of grass seeds within their respective administrative areas. The competent department of grass seed shall not participate in production and business activities; Production and operation enterprises shall not participate in management. Grass seed administrative departments and production and operation institutions must be separated in personnel and finance. Regarding the scope of application of the Measures, Article 2 of the General Provisions stipulates that the Measures shall apply to the breeding, production, management, use and management of grass seeds in China. In order to strengthen the protection of grass germplasm resources, the second chapter of the Measures stipulates that the Ministry of Agriculture shall organize the compilation of a catalogue system of grass germplasm resources and the establishment of a database of grass germplasm resources, and establish a national and local grass germplasm conservation zone or protected land system according to actual needs. It is forbidden to dig natural forage germplasm resources under special state protection. If it is really necessary to dig, it must be audited by the provincial grassland administrative department and reported to the Ministry of Agriculture for approval. ◆ For the sake of plant safety, exotic grass seeds should be quarantined. From the perspective of the safety of exotic plants, article 12 stipulates that the introduced grass seeds should be quarantined, and the first introduced grass seeds need to undergo isolation test and risk assessment before use. Foreign invasion is one of the three major environmental problems in the world. In recent 20 years, the dangerous species invading China are on the rise, and the invasion of alien pests appears in almost all types of ecosystems. The third chapter of the Measures stipulates the examination and approval system for new varieties of grass seeds. Without approval, advertising and business promotion shall not be carried out, and the National Grass Variety Approval Committee established by the Ministry of Agriculture shall be responsible for approval. ◆ Production and operation should be licensed, and the government should legislate to strengthen the access system. The fourth chapter of the "Measures" stipulates that the production of main grass seeds should be licensed, and the examination and approval authority of the production license should be concentrated in the provincial grassland administrative department, so as to comply with the relevant provisions of the "People's Republic of China (PRC) Seed Law" and ensure the production quality of grass seeds. The fifth chapter stipulates the grass seed business license system, which is conducive to standardizing the business activities of grass seed business enterprises and curbing the sale of fake and shoddy grass seeds. The business license shall be examined and approved by the grassland administrative department at the county level. The production license is set to 3 years, and the validity period of the business license is set to 5 years. ◆ There is no extra charge for supervision and spot check. The concepts of false grass and inferior grass are clear. The sixth chapter of the "Measures" stipulates that the supervision and spot check system shall be implemented for the quality of grass seeds, and the supervision and spot check fees shall be included in the budget of the grassland administrative department, and no fees shall be charged to the enterprises subject to spot check. If the spot-checked person disagrees with the inspection results, he may apply for reconsideration. Article 43 The concept of fake and shoddy grass seeds is defined by enumeration. ◆ There must be "three certificates" for the import and export of grass seeds. Overseas seed production must have a contract. Chapter VII of the Measures stipulates the import and export management system, which stipulates that enterprises engaged in the import and export of grass seeds must have the business license of grass seeds, the qualification certificate of import and export trade of grass seeds and the approval form of import and export of grass seeds before they can carry out the import and export business of grass seeds. Article 47 also stipulates the conditions for the import and export of grass seeds. Imported grass seeds used for overseas seed production may not have the business license of grass seeds and import and export trade qualifications, but they need to have overseas seed production contracts, and imported seeds may not be sold in China. Experimental grass seeds imported from abroad shall be cultivated in isolation, and the harvested seeds shall not be sold as commodities. ◆ Supplementary provisions on punishment for illegal acts: Supplementary provisions of the Measures. Acts that violate the Measures shall be punished in accordance with the relevant provisions of the Seed Law of People's Republic of China (PRC) and the Grassland Law of People's Republic of China (PRC). The annex also explains the relevant laws and regulations that can be cited.