Crop Seed Quality Supervision Management

Original Language Title: 农作物种子质量监督抽查管理办法

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(March 10, 2005 the Ministry of Agriculture announced as of May 1, 2005, 50th) Chapter I General provisions article in order to strengthen the supervision and administration of crop seed quality, maintain the seed market order, regulate crop seed quality supervision (hereinafter supervision), in accordance with the People's Republic of China Law on seeds (hereinafter referred to as the seeds Act) and the provisions of relevant laws and administrative regulations, these measures are formulated.
    Article inspection mentioned in these measures refers to the competent administrative Department of the people's Governments above the county level agricultural organizations on seed management institution and seed quality inspection on production and sales of crop seeds for sampling, testing, and complying with the provisions to check the results and deal with the activities. Third agricultural Administrative Department is responsible for the supervision and inspection of the implementation and the results of treatment.
    Agricultural Administrative Department of entrusted seed quality testing agencies and (or) seed management institution (hereinafter referred to as inspection bodies) responsible for sampling of random samples, seed quality inspection agencies (hereinafter referred to as inspection bodies) responsible for random sample inspection.
    Fourth inspection of samples from selected companies provided free, Spike testing samples shall not exceed the reasonable needs.
    Article fifth spot check enterprises should actively cooperate with supervision and inspection work, without good reason shall not refuse supervision.
    Sixth supervision requirements included in the budgets of the departments of agriculture administration shall not be charged to selected enterprises.
    Article seventh agricultural administrative departments have implemented inspection business, within six months from the date of sampling, level or lower-level departments of agriculture administration shall not be of the same crop seeds to the enterprise supervision.
    Chapter II supervision and inspection plan and programme the eighth Ministry of agriculture is responsible for the development of a national inspection plan and inspection scheme, local people's Governments at or above the county level departments of agriculture administration under the national planning and local conditions to develop the appropriate inspection plan.
    Supervision focuses on local crop seeds and seed users and the relevant organizations to reflect a quality crop seeds.
    Departments of agriculture administration according to the actual situation of seed single or several indicators of the quality supervision and inspection. Nineth Department of agriculture administration under the plan given to the tester body inspection tasks.
    Tester establishments under the supervision and inspection tasks, development of sampling programmes, and report to the Department of agriculture administration review.
    Selective scheme shall be scientific, fair and realistic.
    Sampling programme should include the basis of sampling, inspection, testing, reference, lists of selected enterprises, budget, sampling time and submit the results of the time, and so on.
    When determining the selected enterprises, should be focused and have a certain degree of representativeness.
    The tenth after a review by the competent administrative Department of agriculture inspection programme, to the tester body to issue the notification of seed quality supervision.
    Seed quality supervision and inspection of the notice is to inform the enterprise accepted proof of inspection shall state the selected enterprises, crop type, sampling personnel and units, sampling Tester body by this notice to enterprise and business retention.
    11th Tester body to accept supervision and inspection tasks, shall organize relevant personnel to study provisions of relevant laws and regulations and supervision, familiar with the inspection programme, sampling and test possible rational solution to the issues raised in the process plan and prepare.
    All units and individuals for supervision and spot checks were carried out identified in business and crops as well as inspection bodies, sampling personnel should be kept strictly confidential, in any form is prohibited and the name leaked to selected enterprises in advance. Chapter III sampling 12th sampling personnel to perform inspection tasks assigned by the tester body.
    To selected enterprise when carrying out sampling, sampling shall be not less than two, with at least a sampling of seed inspection and certificate holders.
    13th article spike sample personnel spike sample Qian, should to was checks Enterprise show seed quality supervision checks notice and effective identity documents, description supervision checks of nature and Spike sample method, and test project, and test according to, and judge according to, content; understand was checks enterprise of seed production, and business situation, necessary Shi can requirements was checks Enterprise show about archives information, to determine by checks varieties, and samples number, matters.
    14th selective sample shall be sold on the market or warehouses for sale in commercial seed graft take, and ensure that the sample is representative.
    Any of the following circumstances shall not be sampling: (a) selected enterprises set out in the notice of the seed quality supervision and inspection of crop seeds, (ii) there is evidence that the proposed spot checks of seeds is not for sale and (iii) there is evidence that the production of seeds for export, and export contract have expressly agreed on its quality.
    15th article has following case one of of, was checks enterprise can refused to accept spike sample: (a) spike sample personnel less than two people of; (ii) spike sample personnel in the no holding card spike sample member of; (three) spike sample personnel name, and units and seed quality supervision checks notice inconsistent of; (four) spike sample personnel should carry of seed quality supervision checks notice and effective ID pieces, not complete of; (five) was checks enterprise, and crop type and seed quality supervision checks notice inconsistent of;
    (F) the parent or the agricultural Administrative Department within six months on the same level have the same crop seed enterprises to conduct supervision and inspection.
    16th sampling according to national standards for the implementation of the rules for seed testing, sampling.
    Samples, sampling personnel, should be tamper-measures to ensure the authenticity of the samples. After the 17th end of the sampling, sampling personnel should fill out the sampling form. Sampling were carried out in a single business name, mailing address, phone, stick species, crop varieties by name, date of production, seed weight, seed batch, date of sampling, sampling quantity, performance standards, testing, testing basis, results based on content should fill in clearly.
    Selected companies with matters requiring special statement, stated in the remarks column. 18th sampling sampling personnel and selected business owners or authorized by him to sign, seal and stamp selected enterprises.
    Sampling in triplicate, inspection agencies and retained a copy of the selected companies, submitted to the mandate of agriculture Administration Department. 19th spot check enterprises set out in the notice of the seed quality supervision and inspection of crop seeds, shall issue a written testimonial.
    Sampling personnel should have access to the material and confirmed after checking the premises and had to sign the documents.
    20th article was checks enterprise no due reason refused to accept spike sample or refused to in spike sample single Shang signed sealed of, Spike sample personnel should stated refused to supervision checks of consequences and processing measures; necessary Shi can by enterprise location agricultural administrative competent sector be coordination, as enterprise still not accept checks, Spike sample personnel should timely to issued task of agricultural administrative competent sector report situation, on the enterprise according to refused to supervision checks processing. 21st Qian to take samples in the market, if the distribution unit is inconsistent with stated in the Label Maker, inspection bodies shall timely notify the seed producers and by the submission of documentary evidence of the enterprise, to confirm the a sample of producers.
    Maker in receives no response within the 7th, as a stick in the seed tags mark the company's products.
    The fourth chapter test and the results submitted to the 22nd article testing agencies supervision and inspection work shall conform to the relevant provisions of the seeds Act, with the corresponding conditions and capacities, and approved by the people's Governments above provincial departments of agriculture administration examination.
    Agriculture Ministry of supervision and inspection work by the Ministry of agriculture qualified inspection agencies.
    23rd inspection bodies shall establish supervision sample receiving, storage, use, inspection, maintenance and disposal procedures, and strictly enforced.
    Supervision and inspection of samples should be kept to the supervision after the release of results for three months.
    24th inspection should be carried out according to national standards of the rules for the inspection of crop seed testing, guarantee scientific, fair and accurate.
    Inspection record should be filled according to stipulations, guaranteed authentic, accurate, clear, and shall not be altered, and keep it for future reference.
    25th inspection agencies pursuant to the 46th seed Act provisions of seeds and related technical specifications of the mandatory requirements, and in accordance with standards prescribed in the rules for seed testing tolerance to determine seed quality.
    26th after the end of the inspection, inspection agencies shall promptly to the selected enterprises and producers served on the seed quality of supervision and inspection results notification.
    Inspection Agency can be part of the testing is completed, results in a timely manner notifies the selected enterprises. 27th selected enterprises or producer disagrees with the results of testing, should be receiving the seed quality supervision and inspection results notification or within 15th individual notification of the test result, agricultural administrative departments to task and submit a written report, and copied to inspection bodies.
    Fails to put forward any objections, as a recognised inspection results. 28th task of agricultural Administrative Department shall review the objection by businesses, and will inform the enterprises.
    Reinspection is required, should be arranged in a timely manner.
    29th re-inspection by the original testing institution, under special circumstances, by the task entrusted by the Administrative Department of agriculture inspection agency.
    Retest results inconsistent with the original inspection, re-inspection fee shall be borne by the original testing institution.
    30th retesting in accordance with the original sampling scheme, according to the actual situation may be on the basis of the original sample or alternative samples.
    Purity, germination rate and water quality indicators, such as the use of alternate sample reinspection variety genuineness and purity in the original plant communities on the basis of reviewing special circumstances or to plant identification. 31st test institutions testing tasks, shall promptly issue an inspection report, served on the selected enterprises.
    Qian to take samples in the market, should serve to both producers.
    Inspection reports should be complete, test and inspection projects consistent with the programme of checks, accurate data, conclusion.
    32nd Tester body complete random task, shall, within the prescribed period of supervision and checking of results submitted to the mandate of agriculture Administration Department.
    Article 33rd spot results include the following: (a) the inspection summary; (b) the summary of the test results; (c) better supervision of quality enterprise list, list of substandard seeds production and operation of enterprises, refusal to accept supervision and inspection companies and (iv) corporate challenge, to reinspect the handling of issues such as information notes (v) should be noted.
    Chapter fifth inspection results processing of the 34th task of agricultural administrative departments should timely summary, in agricultural systems, or to inform the related enterprises, and communications were carried out as appropriate local departments of agriculture administration.
    Agriculture administration departments at or above the provincial level may be announced to the public inspection results.
    Article 35th of certified seed production and operation enterprises, by mandate of agricultural administrative departments or local departments of agriculture administration under the seeds Act shall be punished. Substandard seed production and operation enterprises, should serve as the focus for the next inspection.
    Supervision of enterprises with substandard seeds twice in succession, should ask the relevant issuing authority revoked the company's seed production and seed license, and to the public.
    36th article not qualified seed production business enterprise should according to following requirements for rectification: (a) deadline recovered has sales of not qualified seed; (ii) immediately on not qualified batch seed for sealed, for non-species with processing or again processing, by test qualified rear can sales; (three) Enterprise statutory representative people to all workers informed supervision checks situation, developed rectification programme, implementation rectification measures; (four) identified produced not qualified seed of reasons, identified quality responsibility, on about responsibility people for processing;
    (E) the complete cleanup of the not random batches of seeds, not certified seed shall be sold, (vi) improve and perfect quality assurance system, and regularly submit corrective action reports; (VII) modification of the Administrative Department of Agriculture Organization review.
    37th refused to accept supervision according to law and given a warning and order them to correct; it refuses, supervision and inspection of seeds and the seed treatment failed, task of agricultural administrative departments to be informed.
    Sixth chapter article 38th of supervision management staff involved in supervision, must strictly abide by State laws and regulations and enforce laws impartially, and not swayed by personal considerations, on the list of selected species of crops and enterprises strictly confidential.
    39th test agencies should provide factual test results and test conclusions, may conceal, misrepresent, and responsible for the inspection work.
    During the inspection bodies in the provision of supervision and inspection tasks shall not be accepted by the delegate check corporate seed samples tested.
    40th seed inspection bodies shall comply with the Act, provisions of 56th, seeds shall not engage in production and business activities.
    Seed quality supervision of inspection bodies shall not use results in paid activities shall not disclose inspection results and related materials shall not be issued to enterprises inspection certificate.
    41st inspection agencies and staff involved in the supervision of forged, altered testing data, issue of false test results and conclusions, in accordance with the seeded 62nd and 68th of the Act's provisions.
    42nd and staff involved in the supervision of inspection bodies in violation of this article 38th, 39th, 40th article II, the Department of agriculture administration a rectification, suspended its seed quality inspection work in serious cases to recover the relevant certificates and documents, cancelled in seed quality testing qualification; the persons responsible shall be given administrative sanctions, to constitute a crime, criminal responsibility shall be investigated according to law.
                      Seventh chapter supplementary articles article 43rd these measures come into effect on May 1, 2005.

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