In Zhejiang Province, The Implementation Of The People's Republic Of China Seed Law Approach

Original Language Title: 浙江省实施《中华人民共和国种子法》办法

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(July 31, 2007 98th meeting consideration of the people's Government of Zhejiang Province on July 31, 2007, Zhejiang Province people's Government promulgated as of September 1, 2007, No. 233) 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 germplasm resources protection and management article seventh germplasm resources protected by the State, any entity 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 cultivation is followed, if it is found to have not overcome the shortcomings are 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 it is absolutely necessary to use should 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 article validation through of crop varieties and forest seed, in using process in the found has not overcome of shortcomings, by following provides processing: (a) belongs to provincial validation of, by province agricultural, and forestry varieties validation Committee confirmed Hou be revoked or change original validation conclusion, province agricultural, and forestry administrative competent sector released revoked or change announcement; (ii) is national validation of, by province agricultural, and forestry varieties validation Committee audit Hou, to national varieties validation Committee proposed revoked or change original validation conclusion of related recommends. Chapter seed stock 14th people's Governments above the county level seed supply system should be established. Variety and quantity of seed stock by provincial agriculture and forestry administrative departments, in conjunction with the Ministry of finance to develop, 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 seed should be agreed by the people's Governments at the same level; among them, 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 subsidies to cover such losses by the financial authorities and the competent administrative Department for agriculture, forestry, and included in the budget at the same level.
    Seed seed losses caused by poor management, seed storage units.
    The fourth chapter 18th seed production of the main crops and seed production of primary forest products through a licensing system.
    Seed production licensing conditions and procedures under the seeds Act and the Department of 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, producer name producer residence, legal representative, certification authorities, certification, production of seeds of crops 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 business article 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 licensing conditions and procedures under the seeds Act and the Department of 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 article units and personal has following case one of of, can not handle seed business license, but should in handle or change license Hou 15th within local agricultural, and forestry administrative competent sector record: (a) specifically business no longer points loaded of packaging seed of; (ii) by has seed business license of seed operators written delegate, in its seed business effective regional within for its sell seed of; (three) in seed business license provides of effective regional within established branch institutions of. 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 article County above government agricultural, and forestry, administrative competent sector in implementation seed administration Shi, can exercise following terms: (a) implementation site check; (ii) to Party asked about situation, and requirements its provides related material; (three) check out, and copy, and excerpts seed production, and operators of production business archives, and contract, and invoice, and books, and voucher, and label, and test results and other related information; check units shall not unauthorized public and leak was check who of commercial secret. 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 can be sealed up, temporarily, and provide written proof.
    Agriculture and forestry administrative departments should be sealed and suspended in 7th after making treatment decisions; to require inspection of seeds within 3rd of the conclusions issued by the inspection bodies make a decision.
    Agriculture and forestry administrative departments shall take good care of withholding seeds for his negligence caused loss of compensation shall be made.
    31st agriculture 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.
    Article 32nd 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. Agriculture 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 and forestry administrative departments or seed management institution can organize relevant experts for identification.
    Parties are willing to mediate, and Agriculture and forestry administrative departments 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 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, forestry administration authorities shall order to stop encroachment, sabotage, to a fine of less than 1000 Yuan and 50,000 yuan; losses caused shall be liable.
    38th article has following behavior one of of, by County above government agricultural, and forestry administrative competent sector ordered corrected, can at 2000 Yuan above 20,000 yuan following of fine: (a) violation this approach eighth article second paragraph provides, in suitable planting regional yiwai promotion main crop seed and main forest seed of; (ii) violation this approach Nineth article provides, without agreed unauthorized from province introduced species of; (three) violation this approach 24th article provides, forest seed without introduction species test success unauthorized business, and promotion of.
    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, to a fine 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 to a fine of less 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 to a fine of up to 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 to a fine of less than 1000 Yuan and 10,000 yuan.
    43rd article on violation this approach 33rd article provides of behavior, County above government agricultural, and forestry administrative competent sector according to following provides processing: (a) seed operators on has obviously defects of seed should recalled and not recalled of, ordered its deadline recalled, can at 2000 Yuan above 50,000 yuan following of fine; (ii) supervision check Shi found has obviously defects of seed, ordered its deadline recalled and not recalled of, can at 10,000 yuan above 50,000 yuan following of fine.
    44th seed users forced against their will to buy, using seed losses are caused to users shall bear the liability.
    45th article County above government agricultural, and forestry administrative competent sector, and seed management institutions and staff has following behavior one of of, by administrative organ according to management permission on directly is responsible for of competent personnel and other directly responsibility personnel, give administrative or disciplinary: (a) unauthorized use reserve seed of; (ii) violation provides of conditions, and program, and permission issued seed production, and business license of; (three) participation or engaged in seed production, and business activities of;
    (Four) found introduction species of main crop varieties and main forest seed not suitable in this province planting and not timely decided stop promotion of; (five) reserve seed management poor, caused loss of; (six) violation this approach provides not accepted non-main crop and non-main forest seed production license application of; (seven) violation provides to was test who charged costs of; (eight) other negligence, and engages in, and abuse of behavior.
    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.
    Eighth chapter supplementary articles article 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.