Consulting lawyer

Issued by NPC Standing Committee

Promulgated by Decree No.26 of the President of the People's Republic of China with the symbol * * *

Release date: August 28, 2004

Effective date: August 28, 2004

Expiration date-

Category national laws and regulations

File source Xinhuanet

People's Republic of China (PRC) seed method

(Decree No.26 of the President of the People's Republic of China)

The Decision of NPC Standing Committee on Amending the Seed Law of People's Republic of China (PRC) was adopted at the 11th meeting of the 10th NPC Standing Committee in People's Republic of China (PRC) on August 28th, 2004. It is hereby promulgated and shall come into force as of the date of promulgation.

Hu Jintao, President of People's Republic of China (PRC)

August 28(th), 2004

Decision of NPC Standing Committee on Amending the Seed Law of People's Republic of China (PRC)

(Adopted at the 11th Session of the Standing Committee of the Tenth NPC on August 28th, 2004)

The 11th meeting of the Standing Committee of the Tenth NPC decided to make the following amendments to the Seed Law of People's Republic of China (PRC):

1. Paragraph 2 of Article 17 is amended as: "Forest varieties that should be examined and approved shall not be managed and popularized as improved varieties, but those that really need to be used in production shall be approved by the Forest Variety Examination and Approval Committee."

Article 33 is amended as: "Without the approval of the forestry administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, precious trees seeds and forest seeds restricted by the people's governments at the corresponding levels may not be purchased."

This decision shall come into force as of the date of promulgation.

The "People's Republic of China (PRC) Seed Law" shall be revised according to this decision and re-promulgated.

People's Republic of China (PRC) seed method

(Adopted at the 16th meeting of the Standing Committee of the Ninth NPC on July 8, 2000, amended according to the Decision on Amending the Seed Law of People's Republic of China (PRC) in the 11th meeting of the Standing Committee of the Tenth NPC on August 28, 2004).

catalogue

Chapter I General Provisions

Chapter II Protection of Germplasm Resources

Chapter III Breeding and Examination of Varieties

Chapter IV Seed Production

Chapter V Seed Management

Chapter VI Use of Seeds

Chapter VII Seed Quality

Chapter VIII Seed Import, Export and Foreign Cooperation

Chapter IX Seed Management

Chapter X Legal Liability

Chapter II XI Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated for the purpose of protecting and rationally utilizing germplasm resources, standardizing the behavior of variety breeding and seed production, management and use, safeguarding the legitimate rights and interests of variety breeders, seed producers, operators and users, improving seed quality, promoting seed industrialization and promoting the development of planting and forestry.

Article 2 This Law shall apply to the activities of variety breeding, seed production, operation, use and management within the territory of People's Republic of China (PRC). The term "seeds" as mentioned in this Law refers to the planting materials or propagation materials of crops and trees, including seeds, fruits and roots, stems, seedlings, buds and leaves.

Article 3 The administrative departments of agriculture and forestry in the State Council are respectively in charge of the work of crop seeds and forest seeds in the whole country; The administrative departments of agriculture and forestry of the local people's governments at or above the county level are respectively in charge of the work of crop seeds and forest seeds within their respective administrative areas.

Article 4 The state supports the protection of germplasm resources and the breeding, production, renewal and popularization of improved varieties, encourages the combination of variety breeding with seed production and management, and rewards units and individuals that have made remarkable achievements in the protection of germplasm resources and the breeding and popularization of improved varieties.

Article 5 The people's governments at or above the county level shall, according to the policy of developing agriculture through science and education and the needs of planting and forestry development, formulate seed development plans, and take measures in finance, credit and taxation in accordance with relevant state regulations to ensure the implementation of the plans.

Article 6 the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall set up special funds to support the breeding and popularization of improved varieties. Specific measures shall be formulated by the State Council.

Article 7 The State establishes a seed reserve system, which is mainly used to meet the production needs in times of disasters and ensure the safety of agricultural production. Reserved seeds should be checked and updated regularly. Specific measures for seed storage shall be formulated by the State Council.

Chapter II Protection of Germplasm Resources

Article 8 The state protects germplasm resources according to law, and no unit or individual may occupy or destroy them.

It is forbidden to collect and cut natural germplasm resources under special state protection. If it is necessary to collect and cut trees due to special circumstances such as scientific research, it shall be approved by the administrative department of agriculture and forestry of the State Council or the people's government of a province, autonomous region or municipality directly under the Central Government.

Article 9 The State collects, sorts out, appraises, registers, preserves, exchanges and utilizes germplasm resources in a planned way, and regularly publishes a catalogue of available germplasm resources. The specific measures shall be formulated by the administrative departments of agriculture and forestry in the State Council. The administrative departments of agriculture and forestry in the State Council shall establish a national germplasm resource bank, and the administrative departments of agriculture and forestry of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may establish a germplasm resource bank, a germplasm preservation area or a germplasm resource protection area as required.

Article 10 The state enjoys sovereignty over germplasm resources. Any unit or individual that provides germplasm resources abroad shall obtain the approval of the administrative department of agriculture and forestry of the State Council. The introduction of germplasm resources from abroad shall be handled in accordance with the relevant provisions of the administrative departments of agriculture and forestry in the State Council.

Chapter III Breeding and Examination of Varieties

Article 11 The administrative departments of agriculture, forestry, science and technology and education in the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize relevant units to study the theory, technology and methods of variety breeding. The state encourages and supports units and individuals to engage in breeding and development of improved varieties.

Article 12 The State practices a system for the protection of new plant varieties. If the plant varieties developed from artificially cultivated or discovered wild plants are novel, specific, consistent and stable, the right to new plant varieties shall be granted and the legitimate rights and interests of the owners of new plant varieties shall be protected. Specific measures shall be implemented in accordance with relevant state regulations. If the selected varieties are popularized and applied, the breeder will get corresponding economic benefits according to law.

Article 13 Where the administrative department of forestry cultivates improved varieties of trees and establishes experimental forests, experimental forests, superior tree collection areas and gene banks, thus reducing the economic income of units and individuals, the administrative department of forestry that has approved the establishment shall give economic compensation in accordance with the relevant provisions of the state.

Article 14 The breeding, testing, validation and popularization of transgenic plant varieties shall be evaluated for safety, and strict safety control measures shall be taken. Specific measures shall be formulated by the State Council.

Fifteenth major crop varieties and major forest tree varieties shall pass the national or provincial examination and approval before popularization and application, and the applicant may directly apply for the provincial or national examination and approval. The main crop varieties and main forest tree varieties determined by the administrative departments of agriculture and forestry of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be examined and approved by the provincial level.

Measures for the examination and approval of major crop varieties and major forest tree varieties shall embody the principles of fairness, openness, science and efficiency, and shall be formulated by the administrative departments of agriculture and forestry of the State Council.

The administrative departments of agriculture and forestry in the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government respectively set up crop varieties and forest varieties examination and approval committees composed of professionals to undertake the examination and approval of major crop varieties and forest varieties.

In areas with ecological diversity, the administrative departments of agriculture and forestry of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may entrust cities and autonomous prefectures with districts to undertake the examination and approval of major crop varieties and major forest tree varieties suitable for popularization and application in specific ecological areas.

Sixteenth major crop varieties and major forest tree varieties approved by the state shall be promulgated by the administrative departments of agriculture and forestry in the State Council, and may be popularized in suitable ecological areas throughout the country. The main crop varieties and main forest tree varieties approved at the provincial level shall be announced by the administrative departments of agriculture and forestry of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and may be popularized in suitable ecological areas within their respective administrative areas; Adjacent provinces, autonomous regions and municipalities directly under the central government belong to the same suitable ecological zone, and can be introduced with the consent of the administrative departments of agriculture and forestry of the people's governments of provinces, autonomous regions and municipalities directly under the central government.

Seventeenth crop varieties that should be examined and approved shall not be advertised, marketed or popularized without examination and approval.

Tree species that should be examined and approved shall not be managed and popularized as improved varieties without examination and approval, but if they really need to be used in production, they shall be approved by the Tree Species Examination and Approval Committee.

Article 18 If the applicant has any objection to the crops and forest tree varieties that have passed the examination and approval, he may apply to the original examination and approval committee or the examination and approval committee at the next higher level for reexamination.

Nineteenth foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business premises in China apply for variety examination and approval in China, and shall entrust China seed research, production and management institutions with legal personality as agents.

Chapter IV Seed Production

Twentieth main crops and main trees commodity seed production license system.

Seed production licenses for hybrid seeds of major crops and their parents, conventional seeds and improved varieties of major trees shall be examined by the administrative departments of agriculture and forestry of the people's governments at the county level where the production is located and issued by the administrative departments of agriculture and forestry of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government; Production licenses for other seeds shall be issued by the administrative departments of agriculture and forestry of the local people's governments at or above the county level where the production is located.

Twenty-first units and individuals applying for seed production licenses shall meet the following conditions:

(1) Having the conditions for separating, cultivating and propagating seeds;

(two) seed production sites without quarantine diseases and insect pests or seed collection forests determined by the forestry administrative departments of the people's governments at or above the county level;

(3) Having funds and production and inspection facilities suitable for seed production;

(four) there are corresponding professional seed production and inspection technicians;

(5) Other conditions stipulated by laws and regulations.

To apply for a seed production license with the right to new plant varieties, the written consent of the variety owner shall be obtained.

Twenty-second seed production license shall indicate the variety, place and expiration date of seed production.

It is forbidden to forge, alter, buy, sell or lease seed production licenses; It is forbidden for any unit or individual to produce seeds without a license or in accordance with the provisions of the license.

Twenty-third commercial seed production shall implement the technical regulations for seed production and the rules for seed inspection and quarantine.

Twenty-fourth seed collection in the forest seed production base shall be organized by the operators of the seed production base and carried out in accordance with the relevant national standards.

It is forbidden to plunder trees and damage the mother forest, and it is forbidden to collect seeds in inferior forests and mother forests.

Twenty-fifth commercial seed producers should establish seed production files, indicating the production location, production plot environment, previous crops, parent seed source and quality, technical person in charge, field inspection records, meteorological records of origin, seed flow direction and other contents.

Chapter V Seed Management

Twenty-sixth seed business license system. Seed operators must obtain a seed business license before they can apply to the administrative department for industry and commerce for handling or changing their business licenses with the seed business license. The seed business license shall be subject to grading examination and approval system. The seed business license shall be issued by the administrative department of agriculture and forestry of the local people's government at or above the county level where the seed operator is located. The seed business licenses for hybrid seeds of major crops and their parent seeds, conventional seeds and improved varieties of major trees shall be examined and approved by the administrative departments of agriculture and forestry of the people's governments at the county level where the seed operators are located, and issued by the administrative departments of agriculture and forestry of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The seed business licenses of seed companies that combine breeding, production and management and reach the registered capital stipulated by the administrative departments of agriculture and forestry in the State Council and companies engaged in seed import and export business shall be examined by the administrative departments of agriculture and forestry of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and issued by the administrative departments of agriculture and forestry in the State Council.

Article 27. Farmers who have surplus conventional seeds for self-reproduction and self-use can sell and exchange them in bazaars without having to apply for seed business licenses, and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate management measures.

Article 28 The State encourages and supports scientific research units, schools and scientific and technological personnel to research, develop, market and popularize new varieties of crops and improved varieties of trees according to law.

Twenty-ninth units and individuals applying for seed business license shall meet the following conditions:

(1) It has funds commensurate with the variety and quantity of seeds it manages and the ability to bear civil liabilities independently;

(2) Having personnel who can correctly identify the seeds handled, check the quality of the seeds and master the seed storage and preservation technology;

(3) Having business premises, facilities for processing, packaging, storage and safekeeping, and instruments and equipment for seed quality inspection that are suitable for the variety and quantity of seeds;

(4) Other conditions stipulated by laws and regulations.

A seed operator who specializes in packaging seeds that are no longer repackaged, or who is entrusted by a seed operator with a seed business license to sell their seeds in writing, may not apply for a seed business license.

Article 30 The effective area of the seed business license shall be determined by the issuing authority within its jurisdiction. If a seed operator establishes a branch in the effective area specified in the business license, it may no longer apply for a seed business license, but it shall file with the local administrative department of agriculture and forestry and the original issuing authority within 15 days after handling or changing the business license.

Thirty-first seed business license shall indicate the seed business scope, mode of operation and effective period, effective area and other items. It is forbidden to forge, alter, buy, sell or lease the seed business license; It is forbidden for any unit or individual to operate seeds without a license or in accordance with the provisions of the license.

Thirty-second seed operators should abide by the provisions of relevant laws and regulations, provide seed users with brief descriptions of characteristics, main cultivation measures, conditions of use and other related consulting services, and be responsible for seed quality. No unit or individual may illegally interfere with the right of independent management of seed operators.

Thirty-third without the approval of the administrative department of forestry of the people's governments of provinces, autonomous regions and municipalities directly under the central government, it is not allowed to purchase precious trees seeds and forest seeds restricted by the people's governments at the corresponding levels.

Thirty-fourth sales of seeds should be processed, graded and packaged. Except those that cannot be processed or packaged.

Large packaging or imported seeds can be repackaged; In case of sub-packaging, the sub-packaging unit shall be marked, and the seed quality shall be responsible.

Thirty-fifth seeds for sale should be labeled. The label shall indicate the seed category, variety name, place of origin, quality index, quarantine certificate number, seed production and operation license number or import approval number and other matters. The contents marked on the label shall be consistent with the seeds sold. The sale of imported seeds shall be accompanied by Chinese labels. When selling the seeds of genetically modified plant varieties, obvious words must be marked, and safety control measures should be suggested when using them.

Thirty-sixth seed operators should establish a seed management file, which should include a brief description of the source, processing, storage, transportation, quality inspection, responsible person and sales destination of seeds.

Annual crop seed management files shall be kept for two years after seed sales, and the storage period of perennial crop and forest seed management files shall be stipulated by the administrative department of agriculture and forestry of the State Council.

Article 37 The contents of seed advertisements shall conform to the provisions of this Law and relevant advertising laws and regulations, and the main text description shall be consistent with the examination and approval announcement.

Thirty-eighth seeds shipped out or mailed out of the county shall be accompanied by quarantine certificates.

Chapter VI Use of Seeds

Thirty-ninth seed users have the right to buy seeds according to their own wishes, and no unit or individual may illegally interfere.

Fortieth state-invested or state-invested afforestation projects and state-owned forestry units shall use improved varieties of trees in accordance with the plans formulated by the forestry administrative departments.

The state supports the popularization and use of improved varieties of forest trees, and creates shelter forests and special-purpose forests.

Forty-first losses caused by seed quality problems to seed users, operators selling seeds should compensate for the losses, including the loss of payment, related expenses and available benefits.

After compensation, if it is the responsibility of the seed producer or other operators, the operators have the right to recover from the producers or other operators.

Forty-second civil disputes arising from the use of seeds, the parties can be resolved through consultation or mediation. If the parties are unwilling to settle through negotiation or mediation, or negotiation or mediation fails, they may apply to an arbitration institution for arbitration according to the agreement of the parties. The parties may also directly bring a suit in a people's court.

Chapter VII Seed Quality

Forty-third seed production, processing, packaging, inspection, storage and other quality management measures and industry standards, formulated by the administrative department of agriculture and forestry in the State Council.

The administrative departments of agriculture and forestry are responsible for seed quality supervision.

Forty-fourth administrative departments of agriculture and forestry may entrust seed quality inspection institutions to inspect seed quality.

The institutions undertaking seed quality inspection shall have the corresponding inspection conditions and capabilities, and pass the examination by the relevant competent departments of the people's governments at or above the provincial level.

Forty-fifth seed quality inspection institutions should be equipped with seed inspectors. A seed inspector shall meet the following conditions:

(1) Having a technical secondary school degree or above in related major;

(two) engaged in seed inspection technology for more than three years;

(3) Having passed the examination by the administrative departments of agriculture and forestry of the people's governments at or above the provincial level.

Article 46 It is forbidden to produce and sell fake and inferior seeds. The following seeds are false seeds:

(1) passing off non-seeds as seeds or passing off seeds of this variety as seeds of other varieties;

(two) the seed type, variety and origin are inconsistent with the contents marked on the label.

The following seeds are inferior seeds:

(a) 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 seeds;

(four) the proportion of weed seeds exceeds the prescribed;

(five) there are pests that should be quarantined according to the provisions of the state.

Article 47 If it is necessary to use crop seeds below the national or local planting standards due to force majeure, it shall be approved by the local people's government at or above the county level; Forest tree seeds shall be approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Forty-eighth units and individuals engaged in variety breeding and seed production, operation and management shall abide by the provisions of relevant laws and administrative 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 seed production bases.

Chapter VIII Seed Import, Export and Foreign Cooperation

Article 49 Imported seeds and exported seeds must undergo quarantine inspection to prevent dangerous plant diseases, insects, weeds and other harmful organisms from entering or leaving the country. The specific quarantine work shall be carried out in accordance with the laws and administrative regulations on plant entry and exit quarantine.

Article 50 Legal persons and other organizations engaged in the import and export business of commercial seeds shall not only hold the seed business license, but also obtain the seed import and export business license in accordance with the provisions of relevant foreign trade laws and administrative regulations. The examination and approval authority for the introduction of crops and forest seeds from abroad, the examination and approval measures for the import and export of crops and forest seeds, and the management measures for the introduction of genetically modified plant varieties shall be formulated by the State Council.

Article 51 The quality of imported commodity seeds shall meet the national standards or industrial standards. If there is no national standard or industry standard, it can be implemented in accordance with the standards agreed in the contract.

Article 52 Where imported seeds are used for overseas seed production, they may not be restricted by the first paragraph of Article 50 of this Law, 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. Seeds for crop experiments imported from abroad shall be cultivated in isolation, and the harvest shall not be sold as commercial seeds.

Article 53 It is prohibited to import and export fake and inferior seeds and seeds whose import and export is prohibited by the State.

Fifty-fourth overseas enterprises, other economic organizations or individuals to invest in seed production and operation in China, the examination and approval procedures and management measures shall be stipulated by the relevant departments of the State Council in accordance with relevant laws and administrative regulations.

Chapter IX Seed Management

Fifty-fifth administrative departments of agriculture and forestry are seed administrative law enforcement organs. Seed law enforcement officers shall produce administrative law enforcement certificates when performing official duties according to law.

The administrative departments of agriculture and forestry may conduct on-site inspections on the implementation of this Law.

Fifty-sixth administrative departments of agriculture and forestry and their staff shall not participate in and engage in seed production and business activities; Seed production and operation institutions shall not participate in and engage in seed management. Seed administrative departments and production and operation institutions must be separated in personnel and finance.

Article 57 The administrative departments of agriculture and forestry in the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strengthen the management and coordination of seed breeding in different places, and the transportation departments shall give priority to ensuring seed transportation.

Article 58 The administrative departments of agriculture and forestry shall issue relevant licenses in accordance with this Law, and shall not charge other fees except the license fee.

Chapter X Legal Liability

Article 59 Whoever, in violation of the provisions of this Law, produces or deals in fake and inferior seeds shall be ordered by the administrative department of agriculture and forestry of the people's government at or above the county level or the administrative department for industry and commerce to stop production and business, confiscate the seeds and illegal income, revoke the seed production license, seed business license or business license, and impose a fine; If there is illegal income, a fine of more than five times and less than ten times shall be imposed; If there is no illegal income, a fine of not less than two thousand yuan but not more than fifty thousand yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 60 Whoever, in violation of the provisions of this Law, commits any of the following acts shall be ordered by the administrative department of agriculture and forestry of the people's government at or above the county level to make corrections, confiscate the seeds and illegal income, and impose a fine of more than one time but less than three times the illegal income; If there is no illegal income, a fine of not less than 1,000 yuan but not more than 30,000 yuan shall be imposed; Can revoke the illegal seed production license or seed business license; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Failing to obtain a seed production license or forging, altering, buying, selling or renting a seed production license, or failing to produce seeds in accordance with the provisions of the seed production license;

(2) Failing to obtain a seed business license or forging, altering, buying, selling or renting a seed business license, or failing to operate seeds in accordance with the provisions of the seed business license.

Article 61 Whoever, in violation of the provisions of this Law, commits any of the following acts shall be ordered by the administrative department of agriculture and forestry of the people's government at or above the county level to make corrections, confiscate the seeds and illegal income, and impose a fine of more than one time but less than three times the illegal income; If there is no illegal income, a fine of more than 1,000 yuan and less than 20,000 yuan shall be imposed; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Seeds produced for overseas use are sold in China;

(two) the harvest of the introduction test of crop seeds imported from abroad is sold as commercial seeds in China;

(3) Collecting or harvesting natural germplasm resources under special state protection without approval.

Article 62 Whoever, in violation of the provisions of this Law, commits any of the following acts shall be ordered by the administrative department of agriculture and forestry of the people's government at or above the county level or the administrative department for industry and commerce to make corrections and be fined between 1,000 yuan and 10,000 yuan:

(a) the seeds should be packaged but not packaged;

(2) The seeds handled are not labeled or the contents of the labels do not conform to the provisions of this Law;

(3) Forging or altering labels or detecting or inspecting data;

(four) failing to make and keep the archives of seed production and operation in accordance with the provisions;

(five) seed operators set up branches in different places without filing according to the provisions.

Article 63 Whoever, in violation of the provisions of this Law, supplies or introduces germplasm resources from abroad shall be confiscated by the administrative departments of agriculture and forestry of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and shall be fined not less than 10,000 yuan but not more than 50,000 yuan.

Without obtaining the approval documents from the administrative departments of agriculture and forestry, the customs shall detain the germplasm resources and hand them over to the administrative departments of agriculture and forestry of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for handling.

Article 64 Anyone who, in violation of the provisions of this Law, deals in or promotes seeds that should be approved but have not been approved, shall be ordered by the administrative department of agriculture and forestry of the people's government at or above the county level to stop dealing in and promoting seeds, confiscate the seeds and illegal income, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan.

Article 65 Whoever, in violation of the provisions of this Law, cuts down trees, destroys mother trees or collects seeds in inferior forests or mother trees shall be ordered by the forestry administrative department of the people's government at or above the county level to stop collecting seeds, confiscate the collected seeds and impose a fine of more than one time but less than three times the value of the collected seeds; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 66 Whoever purchases forest seeds in violation of the provisions of Article 33 of this Law shall be confiscated by the forestry administrative department of the people's government at or above the county level, and shall be fined not more than one time the purchase price of forest seeds.

Article 67 Whoever, in violation of the provisions of this Law, conducts an experiment of inoculation of pests and diseases in a seed production base shall be ordered by the administrative department of agriculture and forestry of the people's government at or above the county level to stop the experiment and be fined not more than 50,000 yuan.

Article 68 If a seed quality inspection institution issues a false inspection certificate, it shall be jointly and severally liable with the seed producer and seller; And investigate the administrative responsibility of seed quality inspection institutions and their relevant responsible persons according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 69 Whoever forces a seed user to buy or use seeds against his will, thus causing losses to the user, shall be liable for compensation.

Article 70 If the administrative departments of agriculture and forestry, in violation of the provisions of this Law, issue seed production licenses or seed business licenses to unqualified seed producers and operators, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 71 Any seed administrator who engages in malpractices for personal gain, abuses his power, neglects his duty, or engages in seed production and business activities in violation of the provisions of this Law shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 72 If a party considers that a specific administrative act of the relevant administrative organ infringes upon his lawful rights and interests, he may apply for administrative reconsideration according to law, or bring a lawsuit directly to the people's court according to law.

Article 73 After the administrative department of agriculture and forestry revokes the seed business license of the violator according to law, it shall notify the administrative department for industry and commerce to cancel or change the business license of the violator according to law.

Chapter II XI Supplementary Provisions

Article 74 The meanings of the following terms in this Law are:

(1) Germplasm resources refer to the basic materials for cultivating new varieties, including the propagation materials of cultivated species and wild species of various plants and the genetic materials of various plants artificially created by using the above propagation materials.

(2) Varieties refer to plant groups that have been artificially cultivated, discovered or improved, have the same morphological and biological characteristics, and have relatively stable genetic traits.

(3) The main crops refer to rice, wheat, corn, cotton, soybeans and one or two other crops respectively determined by the administrative department of agriculture of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

(4) Improved varieties of forest trees refer to propagation materials and planting materials whose yield, adaptability and stress resistance are obviously superior to the existing main planting materials in a certain area.

(5) Labels refer to specific patterns and text descriptions fixed on the surface, inside and outside the seed package.

Article 75 The main trees mentioned in this Law shall be determined and published by the administrative department of forestry of the State Council. In addition to the main tree species determined by the forestry administrative department of the State Council, the forestry administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may determine the following eight main tree species.

Article 76 The management, breeding, production, management, use and management of germplasm resources of grass seeds and edible fungus strains shall be implemented with reference to this Law.

Article 77 If the international treaties on seeds concluded or acceded to by People's Republic of China (PRC) have different provisions from this Law, the provisions of the international treaties shall apply; However, the provisions reserved by People's Republic of China (PRC) are excluded.

Article 78 This Law shall come into force as of June 5, 2000. 1989 March 13 The Regulations on Seed Management in People's Republic of China (PRC) promulgated by the State Council shall be abolished at the same time.

Note: All information in this library comes from public media such as Internet, newspapers and periodicals, and this article is for reference only. If you need to quote, please refer to the official documents.

About us | Contact us | Advertising quotation | Recruitment | Legal notice | Beijing ICP No.05029464

China court website all rights reserved. It is forbidden to download, use or create images without authorization of the agreement.

Copyright? 2002-2006 ChinaCourt.org All Rights Reserved.

Without permission, copying in whole or in part is prohibited.