Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Adopted by the 98th Standing Committee of the People's Government of the Zangi Province on 31 July 2007, No. 233 of 31 July 2007 of the People's Government Order No. 233 of 31 July 2007 for publication, effective 1 September 2007)

Chapter I General
Article 1 establishes this approach in the light of the laws, regulations, such as the People's Republic of China seed law (hereinafter referred to as the seed law).
Article 2 applies to activities such as the selection, conservation and seed production, operation, use, management, etc. in the administration of the province.
The seeds referred to in this approach refer to planting materials for crop and forest wood or to breeding materials, including seeds, particles, fruits and roots, leathers, cereals, and so forth.
Article 3
More than the people at the district level may entrust seed management with specific work on seed management, based on actual needs.
The sectors such as finance, business, quality technical supervision, science and technology, education, are working together on seed-related activities in accordance with their respective responsibilities.
Article IV. Governments of more people at the district level should include seed management funds in the same-tier financial budget.
The provincial people's Government has established specific funds for the protection of natural resources, the introduction of a good choice, the construction, testing and demonstration of good bases. The Government of the People's Republic (at the city, district, subsidence) in the establishment of the corresponding earmarked funds, as required.
Article 5
More than 6 people at the district level should encourage, support the relevant units and individuals to carry out new choices and protect the legitimate rights and interests of all new plant varieties in accordance with the law.
Special cooperatives for seed production are encouraged to undertake seed production.
Chapter II
Article 7. Genetic resources are protected by the State and no unit or individual shall be intrusive and destroyed.
Provincial agricultural, forest administration authorities should have plans to collect, collate, identify, maintain and utilize their quality resources, establish a pool of quality resources, a protected area of natural resources or a place of protection of species resources.
Article 8. Major agro-industries and major forest plant varieties should be executed in accordance with the relevant provisions of the State before the extension of applications, either through national or provincial validation.
The area of appropriate cultivation should be noted in the validation of major agricultural varieties and major forest species. Any unit or person shall not exceed the appropriate plantations identified in the audit.
Article 9. The main crop varieties and major forest species adopted in neighbouring provinces, directly under the jurisdictional city may be derived from the same Ecological region in the province, with the consent of the provincial agricultural, forestry administrative authorities. The provincial agricultural, forestry administration authorities should make the main agricultural varieties and major forest plant breeding public notices to society and track the cultivation situation, if found to be irremovable, and not suitable for the cultivation of this province, should decide to stop the extension and inform society.
Article 10 is a voluntary principle for non-main agro-industries and non-main forest varieties. Units and individuals apply to the Provincial Committee on Agriculture, Forestry Productives for the finalization of non-main agro-industry varieties and non-main forest wood varieties, and the Provincial Committee on Agriculture, Forestry Products should organize the validation process, taking into account the relevant provisions of the main agro-industry and major forest wood products.
Article 11 shall not be subject to advertisements and shall not operate or replication without validation.
The forest wood varieties should not be used as good practices and extensions, but the production needs to be used should be determined by the forest plant.
Article 12 National investments or afforestation by national investment-led afforestation projects and national forest units, which are used for tree species, should be used to use forest tree species.
Article 13
(i) Be subject to provincial clearance, which has been withdrawn or modified by the provincial commission for the review of agricultural, forestry products, and the issuance of a notice of withdrawal or change by provincial agricultural, forestry administrative authorities;
(ii) In the case of national validation, following the approval of the Provincial Committee on Agriculture, Forestry and Productives, the relevant recommendations were made to the National Commission for the Removation or Change of the original findings.
Chapter III
Article 14. The Government of the people at the district level should establish a system of seed storage. The varieties and quantities of the seed storage are developed by provincial agricultural, forestry administrative authorities with the financial sector and are issued with the consent of the provincial people. Provincial agricultural, forestry administration authorities should conduct regular monitoring of the implementation of the local seed storage plans.
The use of storage seeds should be agreed by the same people's Government; in these, the use of municipal, district-based storage seeds should be accompanied by provincial agricultural, forestry administrative authorities.
Article 15. The storage of seeds is the responsibility of the seed administration or is entrusted with the storage. The office should be determined through open competition, such as tendering, and the signing of the saving agreement. To promote the availability of seeds through the generation of storage.
Article 16 shall establish a storage storage facility and, as required by the seed storage agreement, provide regular testing and updating to ensure the quality of the seeds.
Agricultural, forestry administrative authorities should strengthen the day-to-day regulation of the seed storage units and draw on the storage seeds as required by the storage agreement.
Article 17 The loss of seeds due to the mismanagement of the seed storage units is borne by the seed storage units.
Chapter IV
Article 18 provides a licence regime for the production of commodity seeds of major crops and major forest woods.
The conditions and procedures for licensing the production of seeds are implemented in accordance with the seed law and in accordance with the relevant provisions of the Department's agricultural, forestry administrative authorities.
Article 19 provides for the production of the province as a non-main crop and non-main forest wood, but other provinces (the city of direct authority, the self-government area) as a commodity seeds for major crops and major forest plant varieties, the seed production units and individuals apply for the processing of seed production permits, and agricultural, forestry administrative authorities in the place of seed production should be admissible.
Article 20 provides for an effective period of three years of time. The seed production permit should indicate the licence number, the name of the producer, the residence of the producer, the statutory representative, the licensee, the issuing time, the types of crops, varieties, locations, and the duration of the production of seeds.
Article 21
Chapter V
Article 2 The seed operators must obtain a licence for the operation of the seeds and apply for the processing or modification of business licences to the business administration.
The seed business licence is subject to a sub-prime approval system. The conditions and procedures for the licensing of seed operate are implemented in accordance with the seed law and in accordance with the relevant provisions of the Department's agricultural, forestry administrative authorities.
The licence for seed operation should indicate the period of effectiveness. For a period of five years, the forest seed operation licence was valid for three years.
Article 23. The seed operators shall not purchase the main crop seeds and main forest wood seeds produced by seed producers without seed production permits.
No unit or person shall be authorized by the licensee of the seed operators without a licence to operate and shall distribut the seeds.
Article 24 introduces plant and individuals from outside and outside the province of forests that are not naturally distributed in the province, and must be piloted in accordance with the relevant provisions of the State; no operation, extension shall be carried out without the success of the test.
Article 25. Farmers are left behind in their cumbersome and self-ustainable conventional seeds, which may be sold and converted in the trade market near the seed production location and do not require the licensing of seed operations. The sale, collation of major crop seeds should be the subject of the identification of the various items through the approval body for agricultural products.
In selling the remaining seeds, farmers should give the buyer a sales certificate and be responsible for the quality of the seeds.
Article 26 contains one of the following entities and individuals, which may not be subject to a licence for the operation of seed, but shall be available to local agricultural, forestry administrative authorities within 15 days of the processing or modification of the business licence:
(i) Concrete operation of packaging seeds that are no longer loaded;
(ii) The licensee of the seed operators with a licence to operate in writing and to carry out the seeds of their generation within their seed area;
(iii) The establishment of branches within the effective area under the licence for the operation of seeds.
The seeds of sales should be accompanied by labelling. The seed labels should be noted in accordance with the relevant provisions of the seed law and the Ministry of Agriculture, Forestry Administration, and major crop seeds should also be identified as appropriate planting regional and validated.
The seed operators should provide information on the use of relevant advisory services to seed users, in accordance with Article 33, paragraph 2, of the seed law, including key crop seeds and statements of use of major forest species, which should include the main elements of the validation announcement.
The labelnotes and the content of the statements should be consistent with the seeds of the sales.
The content of the second article should be consistent with the relevant legislation, legislation and regulations, such as the seed law, and the main description should be consistent with the content of the examination of the articles and the introduction of a notice.
The licensor, the licensor, the licensor, the licensee or the operator, the licence for the production of seeds, the licence for the operation of the seeds, and the national or provincial authorities for agriculture, forestry, etc.
Chapter VI Oversight management
The following functions may be exercised in the implementation of the seed administration by administrative authorities, such as agriculture, forestry, etc., at the district level.
(i) Implementation of on-site inspections;
(ii) To ask the parties concerned about the situation and request them to provide the relevant material;
(iii) Access, replication, excerptal production, business archives, contracts, invoices, books, vouchers, labels, test results and other relevant information;
The inspection unit shall not unauthorized the commercial secrets of the inspectorate.
Article 33 The seeds suspected to be produced, operated and stored in violation of the law may be stored, temporarily deducted and written. Agricultural, forestry administrative authorities shall take a decision within seven days of deposit and suspension; the seeds of the need for tests shall be processed within three days of the inspection body's findings.
Agricultural, forestry administrative authorities should keep the seeds of suspension and be compensated for the loss of maintenance.
Article 33 Agricultural, forestry administrative authorities may entrust the quality of the seeds inspectorate with a quality test and assume the costs for testing.
The testing of the quality of the seeds should be synonymous with the production of seeds and the operators, without justification. The sample of inspection tests is provided by the licensee without compensation, and the number of sampling items is not required to test reasonable needs.
The seed monitoring tests, results-based processing and opposition review procedures and methods are implemented in the light of the relevant national provisions.
Article 32 Agricultural, forestry administrative authorities should provide the licensee with feedback on the results of the inspection and inform society accordingly.
Article 33 establishes a system of lagging for defective seeds. The seeds of sales are clearly flawed and the seed operators should be called back. The agricultural, forestry administrative authorities have found that the seeds are clearly flawed when monitoring the inspection, and the time limit of the seed operators can be taken back. The feeding approach was developed by provincial agricultural, forestry administrative authorities and approved by the Government.
In the event of a seed quality dispute, agro, forestry administration or seed management may organize expert identification. The parties are willing to mediate, and the authorities in agriculture, forestry should organize mediation.
Article XV of the Government's agricultural, forestry administrative authorities at the district level should assist the same-level business administration in checking the issuance of false seed advertisements. Disadvantages of false seed advertisements are dealt with in accordance with the relevant provisions of the People's Republic of China advertising law.
Chapter VII Legal responsibility
Article 36, in violation of the provisions of this approach, stipulates that the laws, regulations and regulations, such as the seed law, have been penalized.
Article 37, in violation of article 7, paragraph 1, of the present approach, stipulates that unauthorized intrusion and destruction of natural resources shall be subject to liability by the executive authorities of agriculture, forestry, at the district level, to the end of the intrusion, destruction, punishable by more than 1000 dollars; and that the loss should be borne by the liability.
Article 33 is one of the following acts, which is being restructured by the authorities responsible for the administration of agriculture, forestry, at the district level, with a fine of up to 20,000 dollars in the year 2000:
(i) In violation of article 8, paragraph 2, of this approach, the promotion of major crop seeds and major forest varieties outside the appropriate cultivation area;
(ii) In violation of article 9 of this approach, there has been no consent to be taken away from the province;
(iii) In violation of article 24 of this approach, forest wood seeds have been successfully operated and promoted without a test.
In addition to the liability under the storage agreement, the authorities of more than one million people should be responsible for the replenishment of the storage seeds used at the district level, in violation of this approach.
Article 40, in violation of article 23 of this approach, is subject to a fine of up to 3,000 dollars in the Government's agricultural, forestry administrative authorities.
Article 40, in violation of article 26, subparagraph (i), (ii), of this scheme, should be submitted without charge and be converted by orders of responsibility of the Government of the People's Democratic Republic of the Congo, forestry administration, which could be fined by more than $300,000.
In violation of article 27 of this approach, the labelling of the sale of seeds is not subject to the provisions of this approach, or the use of the notes is not consistent with the sale of seeds, which are converted by orders of responsibility of the Government of the more than 1,000 people, the forest administration or the business administration.
Article 43 acts in violation of article 33 of this approach, and the authorities of the administration of agriculture, forestry at the district level are dealt with in accordance with the following provisions:
(i) The seed operators should be reminded of the unacceptably flawed seeds, which should be charged with a period of time, which could be fined by more than 50,000 dollars in 2000;
(ii) To monitor the inspection, the seeds that are clearly flawed are found to be responsible for the return of their deadlines, which can be fined by more than 500,000 dollars.
Article 44 imposes liability on the user of seeds against his or her will to purchase, use seeds to the user.
Article 445: The authorities of the State of the Land, Forestry Administration, the seed administration and staff have one of the following acts, which are granted administrative or disciplinary action by the executive branch in accordance with the authority of management to the competent person directly responsible and other direct responsibilities:
(i) Oriental storage of seeds;
(ii) In violation of the conditions, procedures, authorization for the production and operation of licenses;
(iii) Participation in or in the production and operation of seeds;
(iv) The discovery of major agricultural varieties and major forest species that are not appropriate for cultivation in this province without a timely decision to stop the extension;
(v) The mismanagement of storage seeds resulting in losses;
(vi) In violation of this approach, the application for licences for the production of non-primary crops and non-main forest wood;
(vii) In breach of the provisions for the payment of fees to the testor;
(viii) Other acts of negligence, favouring private fraud and abuse of authority.
Article 46, in violation of this approach, constitutes an offence and is criminalized by law.
Article 47 causes loss by users on the basis of the quality of their seeds and the operators selling seeds should be compensated by law, including the purchase of price, related costs and available benefits. The costs included identification fees, error of work and other reasonable expenses.
The methodology for the calculation of losses of available benefits is provided by the provincial authorities for agriculture, forestry.
Chapter VIII
Article 48 provides for the selection, testing, extension, production and operation of genetic seeds and shall also be subject to the relevant provisions of the Regulations on the Safety of Genetic Biosafety in Agriculture.
Article 49 of this approach refers to the increased varieties of rice, wheat, maize, cotton, potato, and the State Department's agricultural administrative authorities and provincial agricultural administration authorities; the main forest wood, which is determined and published by the National Bureau of Forestry Administration in accordance with the seed law and supplemented by the provincial forestry authorities.
Article 50