Crop Seed Production And Operation License Management Approach

Original Language Title: 农作物种子生产经营许可管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201112/20111200359097.shtml

Crop seed production and operation license management approach

    (August 22, 2011 Ministry of agriculture promulgated as of September 25, 2011, 2011 3rd) Chapter I General provisions

    First for the purpose of strengthening administration of crop seed production and business licensing, standardization of crop seed production and management order, in accordance with the People's Republic of China seed law, these measures are formulated.

    Second crop seed production and business license applications, reviewing, issuing and monitoring procedures apply.

    Third people's Governments above the county level agricultural Division of responsibilities for the Executive authority, is responsible for crop seed production, a business license for accepting, reviewing, issuing and monitoring work.

    Fourth is responsible for audits, issuance of crop seed production and operation license for agriculture administrative departments, crop seed production, operating licenses should be processing conditions and procedures in work place publicity.

    Article fifth agricultural Administrative Department shall safeguard agricultural production safety, enhance the level of crop variety breeding and production, promote the principles of fair competition, crop seed production and business licenses issued in accordance with law.

    Chapter II production license

    Sixth production of major crops commodity seeds, shall obtain a main crop seed production (hereinafter referred to as seed production). Hybrid seeds of major crops and its parent seeds, conventional seed seed seed production licenses approved by the administrative departments of people's Governments at the County agriculture, issued by the provincial departments of agriculture administration.

    Seed production by the production of other major crops issued by the administrative departments of local people's Governments at and above the County agriculture.

    Production location for non-staple crops, in other provinces (autonomous regions and municipalities) as the main crop, producers apply for seed production, production agriculture, where administrative authorities shall accept and issued according to law.

    Apply article seventh for seed production licences, subject to the following conditions:

    (A) for seed production of hybrid rice and hybrid maize seeds and their parents permit, registered capital of no less than 30 million Yuan and for seed production of other major crops, with registered capital of no less than 5 million Yuan;

    (B) production of variety by variety; production of new variety right of plant seeds, and should also be the consent of the right holder's written consent; (Three) has intact of net degrees analysis Taiwan, and electronic scales, and reset bed equipment, and electrophoresis instrument, and electrophoresis slot, and samples mill, and oven, and biological microscope, and refrigerator the 1 Taiwan (sets) above, electronic balance (sense volume 1%, and 1 per thousand and one out of 10,000) 1 sets above, Spike sample device, and points sample device, and germination box the 2 Taiwan (sets) above; application hybrid rice, and hybrid corn seed production license of, also should equipped with PCR spread increased instrument, and acidity meter, and high pressure sterilization pot, and magnetic Blender, and thermostat water bath pot, and high-speed frozen centrifugal machine, and

    Pipette 1 sets (sets);

    (D) laboratory more than 100 square meters and for seed production of hybrid rice and hybrid maize seeds and their parents permit, inspection room 150 square meters;

    (E) there are more than 500 square meters warehouse, drying yard more than 1000 square meters or an appropriate seed drying facilities and equipment;

    (Vi) have a designated storage of seed production and technical personnel, technicians and the people's Governments above provincial level departments of agriculture administration examination of seed inspectors (covering the field inspection, sampling and laboratory testing, the same below) each 3 or more; among them, the seeds of hybrid rice and hybrid maize seed production and its parent, seed production and seed inspectors each 5 or more;

    (G) production locations free of quarantine harmful organisms;

    (H) seed production procedure of the quarantine and production conditions are met;

    (IX) other requirements as prescribed by the Ministry of agriculture.

    Section eighth seed production license, the following documents shall be submitted:

    (A) the application form for seed production; (Ii) inspection funding report or application of recently 1 years within of annual statements and the intermediary institutions audit report, registered capital proved material copies; seed test, equipment listing and acquisition invoice copies; in production to where province (autonomous regions, and municipalities) of seed test room, and warehouse of property proved copies; in production to where province (autonomous regions, and municipalities) of bleachery of property proved (or rental agreement) copies, or seed dry facilities equipment of property proved copies

    ; Verification agency involves testing of measuring devices calibration certificate; the description and photos of the facilities and equipment;

    (C) seed production, storage, inspection technician qualification certificate and copy of the labor contract;

    (D) seed production sites and quarantine certificates;

    (E) the approval certificate;

    (F) production of new variety right of plant seed, variety right owner submitted a written consent;

    (VII) safe isolation and production conditions for seed production notes;

    (VIII) other materials stipulated by the Ministry of agriculture.

    Seed production license applicant has obtained the appropriate business licenses of crop seeds, from the provisions prior to the submission of the second subparagraph of paragraph material and the seed storage, inspection technician qualification certificate and copy of the labor contract, but seeded copy of business license should be submitted. Nineth audit authority shall, within 20 working days from the date of acceptance of the application audit is completed. Audit should produce, seed drying yard or drying facilities, storage facilities, test facilities and equipment such as field trips and inspection of relevant documents (original only with the appropriate seed license production sites).

    Conditions as provided herein, signed audit opinion and report issued by the authority, examine failed, notify the applicant in writing and state the reasons. Issued by the authority shall receive comments and applications completed within 20 working days from the date of issuance. Issuing authority deems it necessary, field trips.

    Eligible, to seed production and announce it; do not meet the conditions, and notify the applicant in writing and state the reasons.

    Tenth seed production license shall indicate the license number, business name, domicile, legal representative, registered capital, issuing authority, bulletin number, time, name of the species, crop varieties and seed production, validation number, production, plant variety rights, location, duration and other projects. License number is "___ (x) agriculture species betroth a girl (x) of X".

    Among them, the first certification bodies referred to in parentheses, the second bracketed for the first certification year, third number for the four-digit sequential number; "-" mark production on seed type: b for the seeds of hybrid rice and hybrid maize seed and its parents, c for other major crops. 11th seed production licence is valid for 3 years.

    The same enterprise during the period of production license issued by the same authority for increased production of similar crop varieties, original notation on a certificate issued by authorities in the appropriate variety without production licenses issued.

    Seed production after expiry date, seed producers should be issued by the same authorities to apply for a new license should be 70 days before the expiration of the license to reapply.

    Chapter III business license

    Article 12th seed, shall obtain a seed business permit (hereinafter referred to as the seed business license).

    Hybrid seeds of major crops and its parent seeds, conventional types of seed seed business permit, seed operators administrative departments of people's Governments at the County agriculture audit, issued by the provincial departments of agriculture administration.

    Following seed business permit, operator from seed provincial departments of agriculture administration audit, issued by the Ministry of agriculture:

    (A) of the seeds in seed import and export business of company business license;

    (B) the combination of breeding, production and management, registered capital of 100 million Yuan over the company's seed business permit.

    Other crop seed business permit, from seeds operator issued by the administrative departments of local people's Governments at and above the County agriculture.

    Article 13th and its parent of hybrid rice and hybrid maize seed seed business permit, subject to the following conditions:

    (A) the registered capital of no less than 30 million Yuan, fixed assets of not less than 10 million Yuan; (Ii) has intact of net degrees analysis Taiwan, and electronic scales, and reset bed equipment, and electrophoresis instrument, and electrophoresis slot, and samples mill, and oven, and biological microscope, and refrigerator the 1 Taiwan (sets) above, electronic balance (sense volume 1%, and 1 per thousand and one out of 10,000) 1 sets above, Spike sample device, and points sample device, and germination box the 2 Taiwan (sets) above, PCR spread increased instrument, and acidity meter, and high pressure sterilization pot, and magnetic Blender, and thermostat water bath pot, and high-speed frozen centrifugal machine, and sets moved liquid device the 1 Taiwan (sets) above

    ; Laboratory more than 150 square meters;

    (C) meets the requirements of article seventh fifth seed storage, drying yard or an appropriate seed drying facilities, place of more than 300 square meters;

    (D) with seed processing equipment, the total processing capacity of hybrid corn seed no less than 10 tons/hour, no less than 5 tons/hour of hybrid rice seeds, processing more than 500 square meters;

    (E) full-time seed processing technicians with more than 5, seed storage and 3 per cent, the people's Governments above provincial level examination by the Administrative Department of agriculture seed inspector with more than 5;

    (F) other requirements as prescribed by the Ministry of agriculture.

    Section 14th for hybrid rice and hybrid maize other than seed and its parent seed processing, packaging, agricultural seed business permit, subject to the following conditions:

    (A) apply for business licenses of seeds of major crops, with registered capital of no less than 5 million Yuan, less than 2.5 million yuan in fixed assets applications for business licenses of non-seeds of major crops, with registered capital of no less than 2 million Yuan, fixed assets of not less than 1 million Yuan;
(Ii) has intact of net degrees analysis Taiwan, and electronic scales, and reset bed equipment, and electrophoresis instrument, and electrophoresis slot, and samples mill, and oven, and biological microscope, and refrigerator the 1 Taiwan (sets) above, electronic balance (sense volume 1%, and 1 per thousand and one out of 10,000) 1 sets above, Spike sample device, and points sample device, and germination box the 2 Taiwan (sets) above; test room 100 square meters above;

    (C) the business of major crop seed, meets the requirements of article seventh fifth seed storage, drying yard or an appropriate seed drying facilities, places more than 200 square meters; operation of major crop seed, there are more than 300 square meters warehouse, drying yard more than 500 square meters or an appropriate seed drying facilities, places more than 200 square meters;

    (D) the operation of conventional rice, wheat seeds, seed processing equipment the total processing capacity of 10 tons per hour; management of soybean seeds, seed processing equipment the total processing capacity of 3 tons per hour; engaged in cotton and rape seed, seed processing plants total processing capacity of 1 ton/h; other crop seed, seed processing equipment with corresponding;

    (E) the business of major crop seed, seed processing more than 500 square meters; operation of major crop seed, seed processing more than 200 square meters;

    (Vi) have a designated storage of seed processing technician, technicians and the people's Governments above provincial level examination by the Administrative Department of agriculture seed inspector with more than 3.

    Application stipulated by the Ministry of agriculture may not be processed, packaged business licenses of crop seeds, and its registered capital and fixed asset shall conform to the provisions of the first paragraph before, seed testing, storage facilities, equipment and personnel of the specific requirements set by provincial departments of agriculture administration, Department of agriculture records.

    Article 15th seed seed business permits from the import and export business of the company, subject to the following conditions:

    (A) the registered capital of no less than 30 million Yuan, fixed assets of not less than 10 million Yuan;

    (B) the regulations issued by the corresponding crop seeds the other conditions of the license.

    Article 16th combined breeding, production and management, reached more than 100 million yuan of registered capital of the company, apply for a seed business permit, subject to the following conditions:

    (A) not less than 50 million yuan of fixed assets; (Ii) has intact of net degrees analysis Taiwan, and electronic scales, and reset bed equipment, and electrophoresis instrument, and electrophoresis slot, and samples mill, and oven, and biological microscope, and refrigerator the 2 Taiwan (sets) above, electronic balance (sense volume 1%, and 1 per thousand and one out of 10,000) 2 sets above, Spike sample device, and points sample device, and germination box the 3 Taiwan (sets) above, PCR spread increased instrument, and acidity meter, and high pressure sterilization pot, and magnetic Blender, and thermostat water bath pot, and high-speed frozen centrifugal machine, and sets moved liquid device the 2 Taiwan (sets) above

    ; Laboratory more than 200 square meters;

    (C) apply for operating seeds of major crops, there are more than 1500 square meters warehouse, drying yard more than 3000 square meters or an appropriate seed drying facilities, place of more than 500 square meters; applying non-seeds of major crops, there are more than 300 square meters warehouse, drying yard more than 500 square meters or an appropriate seed drying facilities, place of more than 300 square meters; (Four) application business hybrid rice and hybrid corn seed and parent seed of, should equipped with with seed business scale phase adapted of seed dry facilities equipment, hybrid rice seed and parent seed processing equipment total processing capacity reached 10 tons/hours above, hybrid corn seed and parent seed processing equipment total processing capacity reached 20 tons/hours above, processing plant 800 square meters above; application business other crop seed of, processing capacity and processing plant reached this approach 14th article fourth, and

    Five requirements;

    (E) specialized seed production, processing, storage and technical personnel and the people's Governments above provincial level examination by the Administrative Department of agriculture seed Inspector 5 above; (Six) has specifically of breeding institutions, fixed of breeding personnel and work funding, years research funding input shall not below years profit of 10%; owned research laboratory 300 square meters above, stable of breeding with to 100 acres above, which, in national 3 a above different ecological district the has 3 a above of test points, each points has 10 acres above test with to and corresponding of sowing, and harvest, and test species facilities equipment

    ; There are engaged in full-time research and breeding more than mid-level titles (or Bachelor's degree) more than 5 researchers; production of main crops of seed, each crop should also be engaged in research and breeding of full-time senior (or an appropriate masters degree) researchers have more than 1; (VII) have a stable seed production bases.

    Among them, the main crop seed business, Al Qaeda more than 5000 acres; other crop seeds, base of 500 acres or more;

    (VIII) a perfect after-sale service system;

    (Nine) application business main crop seed of, has 2 a above to application Enterprise name separate application and through national validation of varieties, or 5 a above to application Enterprise name separate application and at least in 3 a province (autonomous regions, and municipalities) through provincial validation of varieties; application business non-main crop seed of, has 5 a above to application Enterprise name separate get plant new varieties right of varieties; (10) application crop seed management at the 3 years before the date of application (does not apply for that year), there are more than 1 years accounted for more than 1% of the seeds of this species.

    Independent intellectual property rights more than 10% per cent of total company operations;

    (11) other requirements as prescribed by the Ministry of agriculture.

    Article 17th seed business permit shall submit the following materials:

    (A) the agricultural seed business permit application form;

    (B) capital verification report or within 1 year before the date of filing of the annual financial statements and intermediary copy of audit report of registered capital and fixed asset evidence; applicant's property, capital formation, and other basic documents;

    (Three) seed test, and processing, facilities equipment listing and acquisition invoice copies; seed test room, and processing plant, and warehouse of property proved copies; bleachery of property proved (or rental agreement) copies, or seed dry facilities equipment of property proved copies; measurement verification institutions issued of involved measurement of test, and packaging equipment verification certificate copies; related facilities equipment of situation description and the real photos;

    (D) the seed testing, processing, storage and other related technical qualification certificate and a copy of the labor contract;

    (V) other materials stipulated by the Ministry of agriculture.

    Article 18th combination of breeding, production and management company, applied for business licenses of Ministry of agriculture issued crop seeds, except as provided in article 17th materials shall also submit the following documents:

    (A) breeding institutions note; research and breeding facilities of its own copy of the title certificate and photos; scientific breeding and variety to experiment with more than 5 years ' circulation copies of agreements;

    (B) the breeders title (or both) certified copies of materials and labor contracts;

    (C) for 3 years before the date of the annual financial statements and intermediary copy of the audit report;

    (Iv) certificate of approval or a copy of the certificate of the right of new plant varieties, and has the proof of right to independent production applications for 3 years before the date of application for the license of crop seed management, business size and share of the national market and the related certificates; sum of independent intellectual property rights amount of seed varieties, business description and associated certification;

    (V) application date 3 years of evidence of sufficient seed production bases, including seed production sites (village), seed production area and base village (s) contact and was entrusted with the production of telephone listings, and 10 copies of the production contract, or copy of land transfer agreement;

    (F) the perfect after-sale service system supporting materials, including after-sales service system and after-sales service network construction, and so on;

    (G) renewal before the expiry, should also be provided the original seed business licence is valid within the seed production and management and scientific proof of breeding material. 19th audit authority shall, within 20 working days from the date of acceptance of the application audit is completed. Auditing organs should be on business premises, processing and warehousing facilities, test facilities and equipment, field trips and verify all supporting material original.

    Conditions as provided herein, signed audit opinion and report issued by the authority, examine failed, notify the applicant in writing and state the reasons. Issued by the authority shall receive application materials and completed within 20 working days from the date of the audit opinion issued by the work. Issuing authority deems it necessary, field trips.

    Eligible, business licenses and announce it to seed; do not meet the conditions, and notify the applicant in writing and state the reasons.

    Article 20th seed business permit shall indicate the license number, business name, domicile, legal representative, registered capital, issuing authority, bulletin number, date of issuance, and plant operating range, mode of operation, effective regional, expiry dates and other items:

    (A) license number for "___ (x) agricultural species by betroth a girl (x) subsection X,", first a brackets within for sent card organ referred to, second a brackets for first sent card title, third a number for four bit order,; "--" Shang mark business type: a, for Ministry of agriculture issued, implemented breeding, and production, and business phase combined of; b for hybrid rice and hybrid corn seed and parent seed; c for hybrid rice, and hybrid corn yiwai of main crop seed; d for non-main crop seed; e for engaged in seed import and export business;

    (B) the operating range of crops, fill in the crop name of main crops, non-staple crops fill out the vegetables, flowers, hemp crop categories;

    (C) the seed business, fill in the processing, packaging, wholesale, retail and import and export;

    (D) effective regional administrative area to fill in, maximum of issuing authorities jurisdiction, by the issuing authority to decide. Article 21st seed business permit is valid for 5 years.

    Within the validity period change license tagging project, an application shall be in accordance with the original procedures change, and provide the appropriate proof.

    Operating license after the expiration of the seed business, seed operators shall, prior to the expiry of 6 months to reapply.

    22nd seed dealers specialize in packaging packaging seeds no longer, or business license with the seeds of a written power of attorney to sell their seed by seed dealers, you can go through the seed business permit, but there should be a fixed place of business.
Specialized packaging packaging seeds no longer, the purchase of seeds should be signed with the seed business permit seed company purchase and sale contract.

    Commissioned by the seed business licensing seed operators to sell its seeds, should be the principal sign a consignment contract. 23rd seed operators license provisions and effective regional branches should be registered with the industrial and commercial administrative organs for industry and commerce, and after obtaining the license or change in the 15th, to the local people's Governments at the county level of agricultural administrative departments and issuing authorities for the record.

    Record should be submitted to the seed business license, business license copy of the residence, as well as a branch, contact person, telephone and other materials.

    Supervision and administration of the fourth chapter 24th seed producers of major crops should be organized in accordance with seed production seed production. Seed producers should establish a seed production records, and 30th days after sowing, production locations, species name, production area of information reported to the administrative departments of people's Governments at the County agriculture.

    County departments of agriculture administration production summary information step by step should be reported to the Ministry of agriculture.

    25th seed operators shall establish a seed file, containing the seed source, processing, storage, transportation and quality testing all aspects of the brief description and owner, movements, and so on. Seed enterprises should in the end of May each year for the preceding year mainly engaged in activities reported to the issuing authority.

    Certification authority, seed business information should be reported to the Ministry of agriculture.

    26th people's Governments above the county level agricultural Administrative Department shall set forth the seed production, seed production, management of the operators conduct supervision and inspection.

    27th on the license validity period, any of the following circumstances, issuing body shall be revoked license, and make an announcement:

    (A) the seed producers and operators to stop production and business activities more than 1 year;

    (B) seed production, the operator no longer has the license conditions as provided herein, after rectification still does not meet requirements. 28th the applicant to hide relevant information or provides false information to apply for seed production, operating licenses, Administrative Department of agriculture shall not be licensed, and to inform the situation.

    Applicants may not apply again for seed production, in 1 year license. The applicant obtained by fraud, bribery or other improper means of seed production, operating permits, administrative authorities shall annul of an administrative license, and informed of the situation.

    Within 3 years of the applicant may not apply again for seed production, operating licenses. Article 29th superior administrative Department of agriculture should be subordinate of agriculture Administration Department conduct supervision and inspection of seed production and operation license.

    Any of the following circumstances shall be ordered to correct, the directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated in accordance with law:

    (A) no seed production, operating license issued according to the issuing authority;

    (B) without reducing the issuance of standards for seed production, operating licenses issued;

    (C) without a permit issued by seed production and management according to law.

    Article 30th departments of agriculture administration revoked according to law, revocation, cancellation of the violator's business licenses of seed production, should notification within 5 working days after the decision made in the industrial and commercial administrative organs in accordance with the cancellation or change the license.

    31st seed should be established by the Administrative Department of agriculture production and online license management system, announcing the license information, but should be kept confidential except in accordance with law.

    Management process informed the seed producers and operators of commercial secrets, agricultural administrative departments and their personnel shall keep confidential by law.

    The fifth chapter by-laws

    Article 32nd seed production in these measures refers to the activities of cultivation, harvesting, drying and drying seeds.

    Seed business in these measures, refers to the production of seed cleaning, grading, drying, coating processes, as well as the packaging, labeling and sales activities. Article 33rd seed processing equipment mentioned in these measures refers to host matches and supporting systems and permanently installed within the processing plant, realization of seed selection, seed processing system measurement and packaging assembly-line function. Hosts include wind screen cleaning machines (air suction duct before and after selection, should have double settling Chamber filter section should have more than three screen), gravity sorting machinery and computers measurement packaging inkjet equipment support systems include conveyor systems, storage systems, dust control systems, purification systems and electronic control systems.

    Hybrid rice seed processing equipment also includes the ability to complete the length of indented cylinder cleaning machine cleaning jobs.

    Fixed assets mentioned in these measures refers to enterprises for the production of products and provision of services, leased or held management, use of non-monetary assets for more than 12 months, including houses, buildings, machines, machinery, transport equipment and other business-related equipment, instruments, tools, etc.

    34th article of the regulation of seed research, production, processing, inspection, storage, personnel, shall be signed with the company over 3 years of labor contracts.

    These measures of seed production, processing, inspection facilities, rooms, warehouses and seed testing, seed drying facilities, processing plants, should be applied for private property rights.

    35th transgenic crop seed production and operation license, developed separately by the Department of agriculture.

    Article 36th set up departments of agriculture administration areas (counties and cities), seed production, operating licenses by the Prefecture (City) level people's Government departments of agriculture administration audit.

    37th crop seed production and management of permits by the Ministry of agriculture printed table format developed centrally by the Ministry of agriculture. 38th article of the rules introduced on September 25, 2011. Department of agriculture released on February 26, 2001, amended on July 1, 2004, the crop seed production and operation management of licenses (Ministry of agriculture, 48th) repealed simultaneously.

    Issued by the Ministry of agriculture before the implementation of these measures in the relevant seed production, business licensing regulations is inconsistent with this approach, these measures shall apply. Date of implementation of this approach have made crop seed production license, and is valid in this way on April 1, 2012 and ending on the date of execution of the enterprise, its seed production period automatically extended to April 1, 2012; agricultural seed business license has been made, and is valid in the enterprise on September 25, 2012 and ending on the date of implementation of this approach, its seed business permit is valid automatically extended to September 25, 2012.