In Zhejiang Province, The Implementation Of The People's Republic Of China Seed Law Way 2011 (Revised)

Original Language Title: 浙江省实施《中华人民共和国种子法》办法(2011年修正本)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369105.shtml

In Zhejiang Province, the implementation of the People's Republic of China seed law way 2011 (revised)

    (July 31, 2007, Zhejiang Province people's Government order No. 233, announced on December 31, 2011, order No. 289 Zhejiang Province people's Government promulgated by December 31, 2011, the Zhejiang Provincial people's Government on changes of urban road management in Zhejiang Province, 14 decision to amend the regulations) Chapter I General provisions

    Article in accordance with the People's Republic of China Law on seeds (hereinafter referred to as the seeds Act) and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Article in the province within the administrative area of the breeding and germplasm resources protection and seed production, trade, use, management and other activities, these measures shall apply.

    The seeds in these measures refers to the cultivation of crops and forest trees or propagation of material, including grain, fruits, roots, stems, shoots, buds, leaves, etc.

    The third people's Governments above the county level agricultural and forestry administrative departments in charge of the respectively within the administrative area of crop seeds and tree seeds.

    Agriculture and forestry administration departments at or above the county level can be based on actual needs, commissioned specific work of seed management seed management institution.

    Finance, industry and commerce, quality and technical supervision, technology, education and other sectors in accordance with their respective responsibilities, common seed-related work.

    Fourth seeds should be the people's Governments above the county level shall manage the appropriations included in the budget at the same level. Provincial Government set up a special fund for germplasm resources protection, the introduction of seed breeding, seed base construction, tests and demonstrations.

    City divided into districts, counties (cities and districts, the same below) shall establish, as necessary, appropriate special funds.

    Fifth people's Governments above the county level agricultural and forestry administrative departments and seed management institution, staff members shall not participate in or engaged in seed production and business activities.

    Sixth people's Governments above the county level shall encourage, support units and individuals in breeding, protection of new plant varieties of all legitimate rights and interests according to law.

    Encourage seed production cooperatives engaged in seed production.

    Chapter II germplasm resources protection and management

    Article seventh germplasm resources are under State protection, and no unit or individual may seize and destroy.

    Provincial agriculture and forestry administrative departments should systematically collecting, sorting, identification, preservation and utilization of germplasm resources, establishment of germplasm repository, germplasm resources conservation areas or germplasm resources protection, and set up a flag. Article eighth of main crop varieties in main forest tree species and implementation of the examination system.

    Main crop varieties and the main forest tree species should be by the national or provincial approval before the application, determined in accordance with the relevant provisions of the State. Through the examination of main crop varieties in main improved varieties of forest tree and validation of suitable cultivation area which shall be indicated in the notice.

    No unit or individual shall not exceed authorized varieties suitable planting regions identified in the notice. Nineth adjacent province, municipalities and major tree species of main crop varieties registered, after approval of the provincial agriculture and forestry administrative departments can be suitable for introduction of eco-regions in the province.

    Provincial agriculture and forestry administrative departments should be introduction of main crop varieties in main tree species and announced to the public, and monitored the planting; found insurmountable flaws, not suitable for planting in the province should be decided to stop promoting and announced to the public. Article tenth of main crop varieties in main tree varieties and non-implementation of the voluntary principles.

    Units and individuals to the provincial agriculture and forestry varieties examination Committee determined not to main crop varieties and non-major varieties of trees, provincial agriculture and forestry varieties examination Committee shall organize validation, determined in the light of main crop varieties and the relevant provisions of the main varieties of trees.

    11th article should crop varieties is not validated by accredited, shall publish the advertising, shall operate, promotion.

    Should approval of forest tree species is not validated by the shall not be used as seed management, promotion, but production is really necessary to use shall be identified by the forest variety Appraisal Committee.

    12th national afforestation projects or investments of the State unit of State-owned forestry and afforestation, forest variety of tree species, tree species should be used.

    13th approved varieties of crops and tree species, has not overcome the shortcomings found in the use, in accordance with the following provisions:

    (A) belongs to the provincial examination, after confirmed by the provincial Committee on Agriculture and forestry varieties shall be revoked or change the original validation conclusions, the provincial agriculture and forestry administrative departments publish the revocation or change notice;

    (B) the State of the validation of the genus, after review by the provincial Committee on Agriculture and forestry varieties, variety Appraisal Committee to the State to abolish or change the original validation conclusions and related recommendations.

    Chapter III seed stores 14th people's Governments above the county level seed supply system should be established. Variety and quantity of seed stock by province agriculture and forestry Executive Department in conjunction with the financial sector, after the provincial Government agreed to release.

    Provincial agriculture and forestry administrative departments should periodically around the seed reserve supervise and inspect the implementation of the plan.

    Using reserve seeds should be the consent of the people's Governments at the corresponding level, in which use districts of cities and counties reserve the seeds shall be simultaneously submitted to the provincial agriculture and forestry administrative departments for the record. 15th seed reserves management agent-stored agency or from seed. Storage units should be established through competitive bidding, and open competition, and enter into a storage agreement.

    Promoted by way of storage reserved seeds.

    Article 16th seed storage reserve seed storage system should be established, and in accordance with the requirements of seed storage protocols, tested and updated on a regular basis to ensure seed quality.

    Agriculture and forestry administrative departments should strengthen daily supervision of the seed storage units and storage agreement on seed sampling of reserve. 17th reserve seed the shouzhu fee and the transfer, scrapped or cut losses, such as subsidies, by the financial Department of the people's Governments above the county level in conjunction with the agriculture and forestry administrative departments approved and included in the budget at the same level.

    Seed seed losses caused by poor management, seed storage units.

    Fourth seed production

    18th major crop and seed production of primary forest products through a licensing system.

    Seed production and licensing conditions and procedures, under the seeds Act and the State agriculture and forestry administrative departments concerned shall apply.

    Article 19th as non-staple crops and non-primary forests in the province, but other provinces (municipalities and autonomous regions) as a commodity and main tree varieties of major crops seed production, seed production units and individuals to apply for seed production, seed production and local agricultural and forestry administrative departments shall be admissible. 20th seed production permits valid for a period of 3 years.

    Seed production license number to be indicated, name, domicile, legal representative of the producers, certification authorities, certification, as well as producing seed of crop species and varieties, location, duration and other projects.

    21st forestry administrative departments of the people's Government at or above the county level shall determine seed Lin TOU should be implementing national standards, forest and poor quality may not be inferior seed trees identified as seed collecting forest.

    Chapter fifth seed management 22nd seed business through a licensing system.

    Seed operators are required to obtain a seed business permit, with the seed business licence apply to the industrial and commercial administrative organs carry out or change the license. Seed business permit grading examination and approval system.

    Seed business conditions and procedures for licensing, under the seeds Act and the State agriculture and forestry administrative departments concerned shall apply. Seed business licence shall indicate its period.

    Agricultural seed business license is valid for a period of 5 years, tree seed management license valid for 3 years.

    23rd seed dealers may not purchase seed producers with no seed production production of main crop seeds and tree seeds.

    No unit or individual is allowed to accept business licensing seed operators without a seed entrusted for their seeds to sell.

    24th units and individuals from overseas, the province introduced to the province, there is no natural distribution of tree seeds, introduction experiment of must be carried out in accordance with the relevant provisions of the State without introduction and successful pilot shall operate, promotion. 25th individual farmers remaining in his own complex, use of conventional seed, seed production is located on the fairgrounds near sells, SWOP, seeds does not need to apply for a business license.

    Seeds of major crops to sell, and the case should be passed above the provincial level variety of crop variety approval agency.

    When farmers sold the remaining seeds shall be made to the sales documents issued by the purchaser, and seed quality.

    26th, units and individuals with any of the following circumstances, you can go through the seed business permit, but it should be within 15th after handling or change the license on the local agriculture and forestry administrative departments:

    (A) specialized in packaging packaging seeds no longer;

    (B) entrusted by the seed business licensing seed operators in writing in its seeds business area is to sell seeds;

    (C) in the seed business permit valid to set up branches in the region. 27th seed sales should be accompanied by a label.

    Seed label shall be in accordance with the law on seeds and State Council agriculture and forestry Administrative Department of the relevant provisions of the callout, main crop seed and major tree species should also indicate the suitable planting regions and validation number.

    Seed business operator shall, in accordance with article 32nd seed seeds Act provides the user with instructions for use and related advisory services, including crop seeds and instructions for use of the main tree species include validation main contents of the bulletin.

    Labels and instructions for use shall be consistent with the sale of seeds.
28th seed ad content should conform to the seeds Act and other relevant provisions of laws and regulations, the main characters description and validation notice, introduction and contents of the notice.

    Advertising agents and publishers in the publication seed ad, should be the identification of seed producers or operators license, seed production, seed business licence, as well as national or provincial agriculture and forestry issued by the administrative departments of the validation notice, introduction and announcements.

    Supervision and administration of the sixth chapter

    29th the people's Governments above the county level shall agricultural and forestry administrative departments in the implementation of the seed when the Administration, may exercise the following powers:

    (A) implementation of the on-site inspection;

    (B) to the parties asking for relevant information, and asked it to provide relevant materials;

    (C) the inspection, copies of or excerpts from production and management of seed production, the operator records, contract, invoice, account books, receipts, tags, test results, and other related information.

    Inspection Unit are not allowed to open and leaking the examiner's business secrets.

    30th the people's Governments above the county level shall agricultural and forestry administrative departments should strengthen supervision and inspection of seed production and management activities.

    Suspected of illegal production, management, storage and transportation of seeds may be destroyed or lost or difficult to obtain evidence later, agriculture and forestry administration departments at or above the county level may, in accordance with antecedent register and shall make a decision in a timely manner within the 7th; to require inspection of seeds should be within 3rd of the conclusions issued by the inspection bodies make a decision.

    The people's Government above the county level agricultural and forestry administrative departments shall keep register of seed, for his negligence caused loss of compensation shall be made.

    31st people's Governments above the county level agricultural and forestry administrative departments may appoint a qualified seed quality inspection agencies on seed quality of supervision and inspection, and to bear the cost of inspection, not to the test charge. Seed production, operators shall cooperate with seed quality supervision, inspection, shall refuse without good reason.

    Supervision and inspection of samples are provided free by the sampling, inspection of samples shall not exceed the reasonable needs.

    Supervision and inspection of seed, the results of treatment and objection procedure for review and reference to the relevant provisions of the State.

    32nd people's Governments above the county level agricultural and forestry administrative departments shall provide feedback by sampling inspection results, and in an appropriate manner to keep the community informed. Article 33rd recall system of defective seeds. Sales of seeds are of obvious defects, seed operators should be recalled. The people's Government above the county level agricultural and forestry administrative departments have obvious defects found during inspection of seeds, you can order seed dealers within the recall.

    Seed recall approach set out by the provincial agriculture and forestry administrative departments, submitted to the provincial people's Government for approval. Article 34th seed quality disputes, agriculture, the people's Governments above the county level forestry administrative departments or seed management institution can organize relevant experts for identification.

    Parties are willing to mediate, and Agriculture and forestry administration departments at or above the county level shall organize and mediate. 35th people's Governments above the county level agricultural and forestry administrative departments should assist the industrial and commercial administrative organs at the same level for the publication of false advertising of seed acts be investigated and prosecuted.

    False advertising of seed damage, in accordance with the People's Republic of China advertisement law-related regulations.

    The seventh chapter legal liability

    Article 36th acts in violation of these rules, the seeds Act and other laws and regulations on administrative penalties from its provisions.

    37th violates the first paragraph of this article seventh, allowed to seize or damage of germplasm resources, by the people's Governments above the county level agricultural and forestry administrative departments shall be ordered to stop the invasion, destruction, may be fined not more than 1000 Yuan and 50,000 yuan; losses caused shall be liable.

    38th under any of the following acts, the Department of agriculture, the people's Governments above the county level forestry administration ordered corrective action and may be fined not more than 2000 Yuan and 20,000 Yuan:

    (A) in violation of this article eighth paragraph, suitable planting regions to promote the main main improved varieties of forest tree seeds and crops;

    (B) violation of these measures article Nineth, without permission from the province of introduced species;

    (C) in violation of these regulations article 24th, forest management, promotion of seed without success on introduction of unauthorized.

    39th seed storage unit in violation of the rules without authorization stores seeds except in accordance with the liability outside the storage agreement, the people's Government above the county level agricultural and forestry administrative departments shall instruct its deadline up to spend the reserve of seeds, the fines of between 50,000 yuan and 10,000 yuan.

    40th in violation of the provisions of article 23rd, the Department of agriculture, the people's Governments above the county level forestry administration ordered corrective action and may be fined not more than 2000 Yuan and 30,000 yuan.

    41st article violates article 26th of this approach (a), (b) States shall record not record, the Department of agriculture, the people's Governments above the county level forestry administration ordered corrective action and may be fined not more than 200 Yuan more than 3000.

    42nd disobey article 27th, seed tags labeled in accordance with these rules, or instructions for use of the inconsistencies in the content and sales of seeds, by the people's Governments above the county level agricultural and forestry administrative departments or administrative organ for industry and Commerce ordered corrective action and may be fined not more than 1000 Yuan and 10,000 yuan.

    Article 43rd acts in violation of the provisions of article 33rd, agriculture and forestry administration departments at or above the county level in accordance with the following provisions:

    (A) seed seeds of operators for obvious defects shall be recalled not recalled, ordered to recall of limited duration and may be fined not more than 2000 Yuan and 50,000 yuan;

    (B) supervision and inspection found significant deficiencies are seeds, ordered to recall and did not recall the time limit, the fines of between 50,000 yuan and 10,000 yuan.

    44th seed users forced against their will to buy, using seed losses are caused to users shall bear the liability.

    45th people's Governments above the county level agricultural and forestry administrative departments, management bodies and staff of one of the following acts, directly by the authority in accordance with administrative privileges to responsible person in charge and other direct liable persons shall be given administrative sanctions:

    (A) unauthorized use of reserve seed;

    (B) the violation of conditions, procedures, authority, issuance of seed production, operating permit;

    (C) participate or engage in seed production and business activities;

    (D) found that introduction of main crop varieties and not appropriate for main tree species in cultivation in the province without the timely decision stop promoting;

    (E) poor management of reserve seed, resulting in the loss of;

    (F) the violation of these rules does not accept non-staple crops and non-permit application of main forest tree seed production;

    (VII) violates the provisions to be inspection charge;

    (VIII) other acts of favoritism, abuse their powers, neglect their duties.

    46th in violation of these rules constitutes a crime, criminal responsibility shall be investigated according to law. 47th users due to seed damage caused by quality problems, selling seed operators shall be compensated according to law, including purchase price, the amount of compensation-related costs and loss of profits.

    Related costs include appraisal fees, loss of fees and other reasonable expenses.

    Available interest calculation method of losses by the provincial agriculture and forestry administrative departments separately.

    The eighth chapter by-laws

    48th of genetically modified seed varieties selection, testing, promotion, production and business activities, and shall comply with the relevant provisions of the regulations on administration of agricultural genetically modified organism safety.

    49th article of main crops in these measures refers to rice, wheat, corn, cotton, soybeans, as well as departments of agriculture administration under the State Council and the provincial departments of agriculture administration increase the variety; the main tree, refers to the provisions under the seeds Act determined by the Forestry Administration Department of the State Council and published, as well as provincial supplement published by the Administrative Department of forestry tree varieties. 50th these measures shall come into force on September 1, 2007.