Administrative Measures For The Edible Fungus In Hubei Province

Original Language Title: 湖北省食用菌菌种管理办法

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Administrative measures for the edible fungus in Hubei Province

    (February 2, 2009 Standing Committee of the Hubei provincial people's Government considered February 18, 2009, Hubei provincial people's Government promulgated as of April 1, 2009, order No. 330) Chapter I General provisions

    First for the protection and rational use of germplasm resource of edible fungi, regulate the breeding of edible fungi and fungus species (hereinafter referred to as spawn) production, distribution, use, promote the development of edible fungi industry, according to the People's Republic of China seed law of Hubei Province, and the implementation of People's Republic of China seed law measures, combined with the facts of the province, these measures are formulated.

    Article in within the administrative area of the province engaged in mushroom breeding and culture activities such as production, distribution, use, management, and application of this approach.

    Article strains mentioned in these measures refers to the growth of mycelium of edible fungus and its matrix composition of breeding material.

    Strains are divided into parent categories (grade kind), the original species (secondary species) and cultivated species (three species) levels.

    Fourth local people's Governments at or above the county level shall strengthen leadership of edible fungi culture management, and working requirements included in the present budget.

    Article fifth strains of agricultural administrative departments of the province, agriculture administration departments at or above the county level shall be responsible for the management of bacteria within the administrative area.

    Competent administrative departments of agriculture germplasm resource of edible fungi in seed management organization implementation of protection, breeding promotion, supervision and management of production and operation, encourage the combination of breeding, production and management.

    Chapter two microbial germplasm resources protection and breeding Sixth no unit or individual may seize and destroy germplasm resource of edible fungi, prohibition of collecting State protection of natural germplasm resource of edible fungi.

    Due to special circumstances such as the collecting of scientific research shall be in accordance with the provisions of agricultural wild plant protection measures, to apply for collection procedures.

    Seventh article of any units and individuals to offer foreign germplasm resource of edible fungi (including having a long cultivation of mycelium matrix and for the isolation of fruiting bodies), it should be examined by the provincial departments of agriculture administration, reported that the State Department of agriculture for approval.

    Eighth to encourage, support units and individuals engaged in mushroom breeding and development, encourage research institutes and enterprises are breeding new varieties.

    Nineth of edible fungi breeding may voluntarily apply to the Hubei Province crop varieties Committee edible germ species identified.

    Breeding of new strains can apply for new variety right of plant varieties.

    Chapter three strains of production and management

    Tenth strains in the production business unit and individual shall be obtained for spawn production license. Units and individuals engaged in cultivation operation only, you can apply for license.

    Operators shall have related knowledge of bacteria, strains of appropriate storage facilities and venues, and reported to the County departments of agriculture administration.

    Article 11th seed and seed production license, the Department of agriculture in the County Administration audit, issued by the provincial departments of agriculture administration.

    Cultivated species license, issued by the County Department of agriculture administration, provincial departments of agriculture administration.

    12th section of mother and the original license units and individuals, subject to the following conditions:

    (A) the production and operation of mother, with registered capital of more than 500,000 yuan; production and operation of seed, with registered capital of more than 250,000 yuan;

    (Ii) examination by the Administrative Department of agriculture inspectors more than 1, production and technical personnel more than 2;

    (C) the sterilization, inoculation, culture and places, quality inspection, storage and other equipment instruments and facilities, production of mother should have cultivated the necessary equipment and places;

    (D) production site sanitary and other conditions are in accordance with the Ministry of Agriculture of the edible fungus production technical regulation requirements.

    Cultivar production and operation permits from the 13th of units and individuals, subject to the following conditions:

    (A) the registered capital of more than 50,000 yuan;

    (Ii) examination by the Administrative Department of agriculture inspectors more than 1, production and technical personnel more than 1;

    (C) the sterilization, vaccination, training, storage and other equipment and premises, quality testing equipment and facilities;

    (D) production site sanitary and other conditions are in accordance with the Ministry of Agriculture of the edible fungus production technical regulation requirements.

    14th application for license, shall be filed with the County Department of agriculture administration submit the following materials:

    (A) license application form;

    (B) proof of the registered capital;

    (C) the strains tested, production and technical personnel qualifications;

    (D) the characteristics described, apply for a variety of mother seed production and operation permits for protected variety shall also provide variety right owner (breeding people) authorized by written proof;

    (V) other relevant documents. 15th the county level agricultural Administrative Department accepting parent and seed production business license applications, organized experts to conduct field visits, but shall, from the date of acceptance of the application review comments up to 20th, and submitted to the provincial departments of agriculture Administration approval. Provincial departments of agriculture administration should be completed from the date of receipt of an audit opinion in the 20th for approval.

    Meet the requirements, issuance of license; does not meet the criteria, and notify the applicant in writing and state the reasons. Cultivated agricultural administrative departments at the county level to accept production business license applications, organized experts to conduct field visits, but should be completed from the date of acceptance of the application in the 20th for approval.

    Meet the requirements, issuance of license; does not meet the criteria, and notify the applicant in writing and state the reasons. 16th production license is valid for 3 years.

    Effective date need to continue production and operation, the licensee shall, before the expiry of 2 months, again according to the application procedures for the permit.

    Within the validity of the license, the license indicated changes, licensee shall apply to the licensing authority for change procedures, and provide the appropriate proof.

    17th against operating without a permit or not permit production strain; prohibited to forge, alter, buy or lease the spawn production license.

    Article 18th strains produced by level, the next level of strains of bacteria level only with production, gain superior strains of license units and individuals may engage in lower strain production business.

    Cultivated species shall not be used for propagation of bacteria.

    19th strains in the production business unit and personal strain production should be established and operated the archives, archives and archival of production strains should be stored for 2 years after the sale.

    Quality of the strains of the fourth chapter 20th agriculture administration departments at or above the county level shall be responsible for oversight of quality strains within their respective administrative areas, according to the national planning and local conditions to develop the inspection scheme.

    Check the strains of quality results should be announced to the public on a regular basis.

    Strains of quality supervision shall not be random to the charge shall not be repeated sampling. Article 21st bacteria strains of production quality inspection system, factory sales of species subject to quality inspection.

    Producer does not have testing capacity strains, strains quality inspection agency inspection may be entrusted. 22nd sale of bacteria should be minimal surface with the label of the packaging. Tags should be marked bacteria species, cultivar name, level, date of vaccination, storage conditions, shelf life, spawn production license, implementation standards, production locations, contacts, and manufacturer name. Sells parent label simply marked bacteria species, cultivar name, date of vaccination, and spawn production license number.

    Labels should match the strains and sales.

    Article 23rd bacteria strains provided by the production operators to spawn characters and main cultivation measures and use conditions and consulting services, and the strain is responsible for the quality. Article 24th strains of quality inspection organizations should have appropriate conditions and capacities, and by the provincial departments of agriculture administration examination.

    Quality Inspection Agency inspectors shall be equipped with strain strains, strains the inspector shall meet the following requirements:

    (A) the related secondary technical school graduates;

    (B) 3 years of experience in strain testing;

    (C) by the provincial departments of agriculture administration examination.

    25th prohibits the production, management and bad bacteria.

    Any of the following circumstances, false fungus:

    (A) non-strain to imitate strains;

    (B) the level of bacteria species, varieties, and the label does not match the content.

    Any of the following circumstances, and as bad bacteria:

    (A) quality below the national standard;

    (B) the below labels of quality indicators;

    (C) species expired or deteriorated.

    26th strains of agriculture administration departments at or above the county level shall establish quality reporting system entertained strain quality complaints and reports. 27th strains of due to the quality of civil dispute, the parties may negotiate or mediation.

    Parties through negotiation or mediation or negotiation, mediation, based on agreements between the parties to an arbitration institution for arbitration or a lawsuit.

    The fifth chapter species import and export management

    Strains of the 28th article import and export of species must be quarantine, plant specific quarantine work in accordance with the relevant entry and exit quarantine laws and administrative rules and regulations.

    Article 29th of units engaged in the import and export of species, besides bacteria production and operation permits, should also be in accordance with the country's foreign trade laws and administrative regulations obtained permission to import and export trade engaged in bacteria.

    Article 30th import and export units and personal strain, should fill out the (a) bacteria form, examination by the provincial departments of agriculture administration, reported that the State Department of agriculture approval, import and export formalities according to law.

    Species import and export approval is valid for 3 months.

    31st article import and export species shall comply with the following conditions:

    (A) the State import and export permits of microbial germplasm resources;

    (B) quality strains reached the national standard or industry standard;
(C) the strain name, properties, quantity, country of origin and other relevant certificates complete;

    (D) other conditions stipulated by laws and regulations.

    Strains of 32nd import and export units and individuals shall submit the following materials:

    (A) species production copies of business license, business license, and import and export trade qualifications;

    (B) description of edible fungus varieties;

    (C) comply with the provisions of article 31st other supporting evidence. Article 33rd overseas imported seed strains, not limited by article 29th of this approach, but there should be external production contract.

    Imports can only be used for production of bacteria, the product may not be sold in the country.

    Experimental strains introduced from abroad and propagation are bacteria, not strain as a commodity for sale.

    The sixth chapter legal liability

    34th in violation of the provisions of article 18th, agriculture administration departments at or above the county level shall be ordered to correct, and fined a maximum of more than 5000 Yuan and 30,000 yuan.

    35th article violates other provisions of this approach, agriculture administration departments at or above the county level shall, in accordance with the People's Republic of China seed law shall be punished.

    Article 36th Executive violation of their legitimate rights and interests of the specific administrative act, may apply for administrative reconsideration or initiate litigation to the people's Court according to law.

    The seventh chapter by-laws 37th article of the measures shall take effect on April 1, 2009.

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