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Tree Seed Production And Business License Management

Original Language Title: 林木种子生产、经营许可证管理办法

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(November 2, 2002 the State forestry administration released 5th) Chapter I General provisions article specification tree seed production, license management, according to the People's Republic of China seed law of the relevant provisions, these measures are formulated.
    Article in the People's Republic of China territory of forest seed production, applications for operating permits, auditing, origination, and management and other activities, these measures shall apply.
    Forest tree seeds in these measures, business licenses are the licenses and forest tree seed production seed business permit.
    Third tree seeds in these measures refers to the tree planting material (seedlings) or propagation, specifically refers to trees, shrubs, Woody vines and other woody plants and used for forestry and afforestation of herb seeds, fruits, roots, stems, shoots, buds, leaves, etc.
    Fourth seed production of primary forest products unit and individual shall obtain tree seed production, according to tree seed production permit production; in tree seed business units and individuals shall obtain tree seed business permit, as stipulated in the business licenses of forest tree seed management.
    Fifth administrative departments of people's Governments above the county level forestry tree seed production, license review, issuance and management, seedling management of specific work by their respective agencies.
    Chapter II application article sixth seed production of primary forest products or to units and individuals engaged in forest tree seed management, should be the people's Governments above the county level forestry administrative departments or their applications for forest seed production, seedling management of business licenses. Seventh article application forest seed production license of units and personal, should submitted following material: (a) note has producers basic situation, and production varieties, and technicians, and facilities and equipment situation, content of forest seed production license application table; (ii) production with to using proved and funds proved material, and seed forest points proved and the production locations quarantine proved; (three) forest seed test, and production technicians qualification proved; (four) forest seed production, and processing, and test, and
    Storage facilities and equipment of the ownership or the right to prove it.
    Application for a plant variety right of forest seed production, variety right owner's written consent should be provided or the variety right transferring announcement of the State Forestry Administration, compulsory license decisions.
    Applications for improved varieties of forest tree seed production licences should provide tree variety Appraisal Committee of the State Forestry Administration, or provinces, autonomous regions and municipalities directly under the forest tree species in a copy of the certificate issued by the Certification Committee.
    Eighth article application forest seed business license of units and personal, should submitted following material: (a) note has operators basic situation, and business varieties, and technicians, and facilities and equipment situation, content of forest seed business license application table; (ii) business places using proved and funds proved material; (three) forest seed processing, and packaging, and storage facilities equipment and seedlings test instrument equipment of ownership or right proved; (four) forest seed test, and storage, and custody, technicians qualification proved.
    Apply for business licenses of improved varieties of forest tree seed, it shall provide tree variety Appraisal Committee of the State Forestry Administration, or provinces, autonomous regions and municipalities directly under the forest tree species in a copy of the certificate issued by the Certification Committee.
    Apply for the breeding, production and management combines business licenses of tree seeds, shall provide their own introduction to the varieties of show or breeding purposes.
    Apply for tree seed import and export business of forest seed management license should be provided with proof of tree seed import/export licenses.
    Chapter review and release the Nineth of main tree species of tree seed production, operating licenses, from seed production, the operator competent administrative departments of people's Governments at the County forestry, forestry administrative departments of the people's Governments of provinces, autonomous regions and municipalities issued; other tree seeds (including nursery stock) business licenses from seed production, production, the operator issued by the administrative departments of local people's Governments at and above the County forestry.
    Combining the introduction of breeding, production and management, registered capital reaches 20 million yuan of seed companies and the tree seeds in seed import and export business of company business license, by its seat of the province, autonomous region or municipality Administrative Department of forestry audit, issued by the State forestry administration.
    Tenth Article County above Government forestry administrative competent sector should in received application or audit material of day up 15 a days within, on provides of about material and the production with to, and production mechanical, and business places, and warehouse facilities, and test facilities, and instrument equipment, for audit, on meet this approach provides conditions of, signed audit views or issued forest seed production, and business license; on not meet this approach provides conditions of, should written notification application who or audit of organ, and description reason, and returned about material. 11th article meet following conditions of, forestry administrative competent sector should issued forest seed production license: (a) has breeding seed of isolation and foster conditions; (ii) No quarantine sex pest; (three) has according to about standard, and provides established or determine of seed Park, and mother Woods, and mining spike nursery or other seed forest and the nursery to; (four) has necessary of production, and test facilities and funds; (five) has by County above Government forestry administrative competent sector training qualified made qualification certificate of forest seed production, and Processing, and test, and storage, and custody technicians (which field nursery area insufficient 50 acres of, should has technician or nursery skilled personnel; field nursery area 50 acres above 100 acres following of, should has related professional medium professional above degree, and primary above technology titles or by County above Government forestry administrative competent sector training of technicians; used container nursery, and Organization training, and greenhouse, and big shed, advanced technology equipment for nursery production or field nursery area over 100 acres of,
    Should have the relevant professional diploma, mid-level technical titles or administrative departments of people's Governments above provincial level forestry training technicians).
    Production grain, and fruit, sexual breeding material of, except has Qian paragraph provides of conditions outside, also should has following conditions: (a) has bleachery, and seed processing and drying equipment, and storage facilities, including seed library, and seed wind selected and featured machine,; (ii) has thermostat training box, and light training box, and dry box, and Spike sample device, and balance, and refrigerator, necessary of seed test instrument equipment.
    12th article meet following conditions of, forestry administrative competent sector should issued forest seed business license: (a) has and business forest seed of type and number phase adapted of funds; (ii) has and business forest seed of type, and number phase adapted of business places; (three) has necessary of business facilities; (four) has by County above Government forestry administrative competent sector training qualified made qualification certificate of forest seed test, and processing, and storage, and custody technicians.
    Business grain, and fruit, sexual breeding material of, except has Qian paragraph provides of conditions outside, also should has following conditions: (a) has seed processing and drying equipment, and storage facilities, including seed library, and seed featured machine, and seed packaging machine,; (ii) has thermostat training box, and light training box, and dry box, and Spike sample device, and balance, and refrigerator, necessary of seed test instrument equipment.
    Combine implementation of breeding, production and management, in addition to the conditions provided for in the preceding two paragraphs of this article shall also meet the following conditions: (a) the registered capital of more than 20 million Yuan, (ii) a fixed seed-breeding base, (iii) have more than 3 departments of people's Governments above provincial level forest administration examination of seed inspectors.
    The fourth chapter regulatory 13th seed production, the operator shall, in accordance with forest tree seed production, operating license approved for production, business locations and types of production, management of production, management must not exceed production, the scope of business.
    Article 14th seed production, operating license is valid for a period of three years.
    Tree seed production, operating license expires to apply for a replacement card, or operator shall, in forest tree seed production, two months before the expiry date of the license, certified the original issuing authorities to apply for recertification.
    Tree seed production, license term, need to change licenses indicate the project should be based on the provisions of the present article Nineth, apply the change, change project and provide proof.
    15th seed dealers in forest tree seed management under license to set up branches outside the region in force, should be located in the branch to re-apply for tree seed management license.
    Article 16th seed production, adopt an annual inspection system of operating licenses.
    Tree seed-production, operators shall tree seed production, license issuance date, within two months of the year, forest seed production, operating license to the original issuing authorities for inspection, qualified, stamped validation chapter annual inspection is not qualified or fails, its tree seed production, operating permit shall automatically cease.
    17th system of forest seed production, operating permits the implementation of annual reports.
    The provinces, autonomous regions and municipalities directly under the forestry administrative departments before the end of March in each year an annual certification report on the State forestry administration.
    18th forestry administrative departments shall establish a forest seed production, license management, which specifically includes: application materials, examining and issuing materials, inspection of materials and documents stipulated by relevant laws and regulations.
    Tree seed production, operating license files from a tree seed production, operating licenses cancelled or shall be kept for at least five years from the date of lapse. 19th article issued by the administrative departments of forestry seeds of improved varieties of forest tree production, business licenses, and tree varieties variety name identified by the Committee should be used, and also mention the seed number.

    Department of Forestry Administration issued business licenses of other tree seed production, and not use seeds or breed, fast-growing variety with high quality, high-yielding varieties and so forth.
    20th article has made forest seed seed production, and business license of, should since know its production, and business of seed was law canceled or suspended decided of day up 20th within, will has made of forest seed production, and business license make back original sent card organ or handle corresponding of change procedures; late not make or not handle change procedures of, to not made seed production, and business license punished.
    Fifth chapter supplementary articles article 21st seed production, operating license and format established by the State forestry administration of the application form.
    22nd article this article 11th and the 12th article of the specific amount of money, the people's Governments of provinces, autonomous regions and municipalities directly under the Forestry Administration Department.
                                          23rd these measures shall come into force on December 15, 2002.