Hubei Province On Supervision And Administration Of Crop Seed Production And Management Interim Provisions

Original Language Title: 湖北省关于农作物种子生产经营活动监督管理的暂行规定

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(June 20, 2005 Hubei Province Government Executive Conference considered through August 11, 2005 Hubei Province Government makes No. 278, announced since October 1, 2005 up purposes) first article to strengthening crop seed (following referred to seed) of supervision management, guarantees agricultural production with species security, protection farmers lawful rights and interests of, according to People's Republic of China seed method, and Hubei Province implementation straddling People's Republic of China seed method approach, legal, and regulations of provides, combined this province actual,
    These provisions are formulated.
    Article in the province engaged in seed testing, production, management, supervision and management of the units and individuals, must comply with this provision.
    People's Republic of China seed law of Hubei Province, and the implementation of People's Republic of China seed procedures already provided for by the law, its provisions.
    Article people's Governments above the county level shall strengthen the supervision and administration of the seeds of leadership, and will be included in the budget at the same level to fund their work.
    The forth people's Governments at various levels shall encourage and support implementation of seed quality of seed enterprises certification and quality system certification scheme. Fifth people's Government above the county administrative departments in charge of agriculture seed regulatory work within their respective administrative areas.
    Specific work by the competent administrative Department of seed management institution in charge. Article sixth of main crop varieties in validation tests prior to planting, farmers must follow the principle of voluntary, free supply to farmers.
    Distribution should balance test points, test planting in the administrative area of a county shall not exceed 3 pilot, each pilot shall not exceed 5 acres of planted area.
    Losses resulting from the pilot plant to farmers, participants shall indemnify, compensation for losses and related costs, including benefits.
    Article seventh adjacent provinces and municipalities through validation of suitable eco-regions of belonging to the same main crop varieties, by the provincial departments of agriculture Administration agreed that the introduction, by city, State departments of agriculture administration announcement.
    Apart from the introduction of species, the prohibition of publicity, management, promotion, while other provinces or States audited but suitable planting area does not include the province's main crop varieties.
    Prohibition, promotion was not carried out according to national safety assessment and approval of genetically modified seeds.
    Article eighth varieties registered in the province, in use if there are insurmountable disadvantage or to be used, by province crop varieties Committee-related professional groups stop promoting proposals put forward by the province crop varieties Committee for examination and approval, announcement by the provincial departments of agriculture administration, stop promoting within the administrative area of the province.
    Nineth main crop seeds in seed production, shall inform the production base is located above the county level seed management institution.
    Tenth special operations are no longer separate loading small packages of seed, or commissioned by the seed business licensing seed operators to sell its seeds, shall satisfy the following conditions: (a) have specialized sites, (ii) seed related business operators should have knowledge.
    Eligible, County agriculture administration departments at or above shall be registered. 11th remaining conventional seeds of major crops peasant reproduction for personal use, you can in the local village market selling, SWOP, contracted less than 50 acres of arable land, sale, the case of the remaining seeds shall not exceed the amount of seeds of the year 50%; contract in more than 50 acres of arable land, the sale, the case of the remaining seeds shall not exceed the amount of seeds of the year 20%.
    Who should be responsible for seed quality for sale. 12th seed enterprises should establish a stable seed production base and seed production contracts with the production in accordance with contracts to buy seeds.
    Any unit and individual is prohibited to seed buying, arbitrage of seed production base. Seeds of the 13th sales should be accompanied by a label. Label must be labeled in accordance with State regulations.
    The following must be marked in the surface of the seed package: crop, seed type, name, origin, license number of seeds, quality indicators, the quarantine certificate number, net weight, production date, manufacturer name and contact information, characteristics and suitable range.
    Belongs to main crop seed of production license number and varieties validation number, and mixed seed of "mixed seed" words, and pharmacy processing seed of warning logo and Red "toxic" words, and imports seed of importers name (including address, and contact way) and seed imports approval paper,, and points loaded seed of points loaded units and points loaded time, and authorized varieties of varieties right certificate number,, also must mark in seed packaging real surface.
    Registered varieties of crops, and its seed varieties marked on the label name must match the name with the validation notice, and shall not be arbitrarily modified variety names without consent of the original variety Appraisal Committee, should not be marked variety product name. Advertising article 14th seed, it shall comply with the provisions of the law on seeds and publication of agriculture administration departments at or above the County review.
    Uncensored, shall publish the advertising of seed. 15th seed seed quality management institutions should supervise and check.
    Includes: isolation of seed production that examines seed reproduction field conditions, utilization of purity and impurity to bad and the production, processing, management of seed quality supervise and inspect.
    16th seed quality supervision and inspection, including inspection, periodic and daily supervision and inspection in the form of supervision and inspection.
    Supervision checks is on crop seed for spike sample, and test, and by provides on checks results announced and processing of activities; regularly supervision check is by determine of cycle on crop seed quality for check, as seed production of flowering field check, and spring seed check, and sowed seed check,; daily supervision check is on daily law enforcement found of, and masses reported complaints of seed quality problem for of check.
    17th article this province production and from provincial paged of rice, and corn, and rape hybrid seed and parent seed, should by this province or adjustable into province provincial seed management institutions sampling for purity identification or provides out province provincial seed management institutions issued of purity identification report; for season, reasons not for purity identification or cannot provides out province purity identification report of, by city, and State seed management institutions sampling for purity identification.
    Article 18th seed management institution may authorize on seed quality of seed quality inspection organizations.
    Seed quality supervision and inspection bodies must be set up according to law, with the corresponding conditions and capacities, related administrative departments and approved by the people's Governments above provincial level appraisal. Article 19th seed quality supervision and inspection and testing results should inform the Inspector. Reviewer disagrees with the results of testing, it should be since the date of receiving the inspection results in the 15th, to order supervision and inspection of agricultural administrative departments to submit written reports.
    Fails to put forward any objections, as a recognised inspection results. Tasks of agricultural administrative departments to review the objection should be made by check, and will inform the Inspector.
    Review is required, should be arranged in a timely manner and make recheck conclusion.
    Article 20th seed quality supervision and daily supervision and inspection in inspection fee shall not be liable to charge.
    Check disagrees with the results of the re-examination fees prepaid by the applicant, the party liable, fees charged according to the commissioning inspection fees. 21st no unit or individual shall have the right to report and expose seed testing and seed regulatory activities, production and illegal acts in.
    Reporting, whistle-blower, the departments concerned shall keep confidential, and to reward workers.
    22nd agriculture administration departments and administration of crop seed law implementation supervision and inspection of seeds, the relevant units and individuals shall support, and provide truthful information relating to the physical, information and circumstances, may conceal, misrepresent, it may not transfer, concealment, destruction or sale register goods, refuse and avoid detection.
    23rd article agricultural administrative competent sector and administrative law enforcement personnel in investigation seed violations Shi, can law exercise following terms: (a) into related places for check; (ii) asked party and the related personnel, requirements description situation and provides related information; (three) check out, and copy, and sealed about file, and records, and voucher and the related information; (four) on suspected of fake, and bad seed and the other illegal violations behavior of seed be sampling forensics or registration save; (five) legal, and regulations provides of other terms.
    24th seed regulatory departments and staff may not disclose the seeds in the seed regulatory work production, management of enterprise business secret.
    25th in violation of the provisions of the Act, has made the provision of laws, rules and regulations, from its provisions.
    26th a violation of this provision, any of the following acts, the agriculture administration departments at or above the County shall order rectification, and fined 1000 Yuan and 10,000 yuan fine: (a) violations of the provisions of the present article 17th; (b) the Label Maker of crop seed in violation of the provisions of article 13th.
    27th farmers remaining seed sale, reproduction for personal use case, in excess of the prescribed number of seeds and agriculture administration departments at or above the County be ordered to correct, and a fine of 200 Yuan and 500 Yuan fine.
    28th in violation of the provisions of article sixth, seventh of the provisions of the second paragraph of article, the agriculture administration departments at or above the County shall order rectification, and a fine of 10,000 yuan and 30,000 yuan fine.
    29th escape, deny seed regulatory personnel conduct inspections of, be warned by the agriculture administration departments at or above County and fined 1000 Yuan fine.
    Article 30th seed and seed regulatory staff in the supervision and management of abuse, malpractice, negligence, to reveal the secret, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
                                        31st these provisions come into force on October 1, 2005.