(1)Has the capital consistent with the species and quantity of the operating seeds, and can indolently assume the civil responsibilities;
(2)Has persons that can correctly identify the operating seeds, check the seed quality, and master the technologies to store and protect seeds;
(3)Has the operation place that is consistent with variety and quantity of operating seed, the facilities to process, pack and store the seed, and the device to check the quality of the seeds. and
(4)Other conditions stipulated by laws and regulations.
To the seed operators who sell only those seed that not needed to divide and pack again, or to the distributors entrusted in written form by those seed operators who possess the seed-operation license, they need not to transact the seed-operation license.
Article 30The grant office, beyond its dominational, should determine the valid area of the seed-operation license. The seed operator can establish branches according to valid area stipulated by the seed-operation license, and the branches need not to get any license. But they must submit the case to local administrative departments of agriculture and forestry and the original license-grant office for file, within 15 days after they have transacted or modified the operation license.
Article 31The seed-operation license must indicate the business scope, operation method, valid area and valid period for the seed operating.
It is forbidden to counterfeit, change, buy or borrow the seed-operation license, and it is forbidden for any entity or individual, has no the license or cannot comply with the stipulations of the license, to operate seeds.
Article 32The seed operator should comply with related stipulations of laws and regulations to provide the seed users with seed characteristics, main planting technologies, use instructions and consultancy server ices, and should be responsible for the seed quality.
Any entity or individual is not allowed to interfere with the independent operation rights of the seed operator.
Article 33To the seeds produced in the forest production base establish by the administrative department of agriculture and forestry under the State Council, or by the people's administrative departments of agriculture and forestry of provinces, autonomous regions and municipalities directly under the Central Government, they should be bought and used uniformly by the entities appointed by the above departments of agriculture and forestry, and non-appointed entity is forbidden to buy the seeds in the production base.
Without the approval of above administrative departments of agriculture and forestry, any entity and/or individual are not permitted to purchase valuable tree seeds and forest seeds that are forbidden to buy by the people's government of same level.
Article 34The seeds to be sold should be processed, classified and packed, except for those that cannot be done so.
The big-packed seeds or the imported seeds may be divided into smaller package, but the entity to carry this task must be marked clearly and it should be fully responsible for the seed quality.
Article 35The seeds to be sold should attached with label indicating seed type, variety, name, production place, quality index, quarantine certificate No., license No. of seed production and operation, or document No. of import examination and approval etc. The contents of the label should be consistent with the seed.
To sell import seeds, Chinese label must be attached.
To sell gene-transfer plant seeds, it must be showed with obvious written language and safety control methods must also be provided too.
Article 36The seed operator must establish files for seed operating, indicating brief content of seed sources, process, storage, transportation, quality check, the director, and where will the seed.
The operation documents of annual crop seeds should be kept for two years after the sell of the seeds, while the administrative departments of agriculture and forestry under the State Council should stipulate the storage period of operation documents for perennial crop seeds.
Article 37The contents of seed advertisement should be consistent with this law and other laws and regulations related with advertisement, and the main description of characteristics should be in line with the examined and approved proclaim.
Article 38The seeds to be moved or mailed from corresponding county should be attached with quarantine certificate.
Chapter 6 The Usage of Seed
Article 39The seed user has the right to buy seeds fully of his will, and any entity or individual is not allowed to interfere with it illegally.
Article 40The forestation project mainly or fully invested by the national or the forestation project carried out by state forestry entity should use the improved forest variety according to the plan stipulated by the administrative department of forestry.
The national should support the forestation of shelterbelt using improved forest variety, and other forestation project with special usage.
Article 41If the seed user undergoes loss because of the seed quality, the seed supplier should compensate for it, and the compensation includes the money number used to buy the seeds, related expense and the available profit loss.
After the operator compensates for the buyer's loss, the operator has the right, if the seed user's loss is the responsibility of the seed producer or other operators, to get claim for the compensation from the seed producer or other operators.
Article 42If civil dispute is caused by the seed usage, the parties can come to agreement by negotiation or intermediation. If one of the parties is reluctant to resolve the dispute by above methods or the dispute cannot come to agreement, the party can apply for arbitration to the arbitration organizer. The party can also directly go to the People's Court.
Chapter 7 Seed Quality
Article 43The administrative departments of agriculture and forestry under the State Council should stipulate the industry standards and quality management methods of seed production, process, package, check and storage.
The administrative department should be in charge of the supervision of the seed quality.
Article 44The administrative department of agriculture and forestry can entrust quality test unit to check the seed quality.
The seed quality test institution should possess corresponding test conditions and abilities and pass the examination of the administrative department of the people's government above province level.
Article 45The test institution of seed quality should equip with qualified seed checkers who should have the following qualifications:
(1)Education diploma of middle technology school graduate, major in related subject;
(2)Has engaged in the test work of seed quality more than three years;
(3)Passed the examination of the administrative departments of agriculture and forestry of the people's government above province level.
Article 46It is forbidden to produce, operate false or low quality seeds; false seed includes the following:
(1)Use non-seed to imitate seed or use a kind of seed to imitate other kind of seed; and
(2)The seed variety, type and production place are not consistent with the contents of label.
Followings are the low quality seeds:
(1)The seed whose quality is lower than that of the national standards;
(2)The quality is lower than what marked on the label;
(3)The quality has changed and the seeds cannot be used as seeds;
(4)The percentage of weed seeds is more than the stipulated value; and
(5)With maleficent organism quarantined by the national.
Article 47In case that the crop seed must be used because of force majeure, and its quality is lower than that of the seed-usage standards of the national or local government, the seed usage must be approved by the people's government above local county level, while the forest seed must be approved by the people's government of local provinces, autonomous regions and municipalities directly under the Central Government.
Article 48The entity or individual engaged in the seed selection, cultivation, production, operation and management should comply with stipulations of related quarantine law and administrative regulations to avoid the promulgation and extension of plant dangerous diseases, insect pests and weeds.
It is forbidden for any entity or individual to carry out plant diseases and insect pests research in the see production base.
Chapter 8 Import, Export and Foreign Cooperation for Seed
Article 49The quarantine system must be put into practice for seed import and export to prevent plant dangerous diseases, insect pests and weeds from transfer into or out of China. The detail quarantine works should be carried out according to quarantine law of plant import and export.
Article 50The corporation or other organization engaged in the business of seed import and export must possess the seed-operation license, in addition, they must get the permission of seed trade of export and import according to foreign trade law and administrative regulations.
The State Council should stipulate the limits of power to examine and approve the introduction of crop seeds or forest seeds from foreign countries, stipulate the examination and approval methods to import and export crop seeds and forest seeds, and determine the management method to introduce gene-transfer plant species from foreign countries.
Article 51The seed quality of import and export should meet national standards or industry standards. If there is no national standards or industry standards for the seed quality, it should be carried out according to the standard of the contract.
Article 52Seed import to produce seed for foreign countries is not bonded by rule 1 of Article 50, provided that there is seed production contract, the imported seed must only be used to seed production and its product cannot be sold in China
The crop test variety imported from foreign countries must be cultivated in isolation status, and the harvest cannot be sold as commercial seed in China.
Article 53It is forbidden to import and export false or low quality seeds, or the seeds that are not permitted to import and export by national stipulations.
Article 54According to respect laws and administrative regulations, the related departments under the State Council should determine the management methods and examination/approval procedure for the foreign enterprises or other economic organizations to invest the seed production and operation in China.
Chapter 9 Administrative Management for Seed
Article 55The administrative departments of agriculture and forest are the law-enforce departments. Seed tipstaffs should show their certificate of law execution when they legally carry out the line of duty.
To implement this law, the administrative department of agriculture and forestry can check the locale.
Article 56The administrative department of agriculture and forestry and its missionaries may not take part in or undertake seed production, sell and purchase. The operation organizations of seed production may not take part in or undertake the administrative management works of seeds. The administrative department and operation organization of seed production should be isolated on the aspects of personnel and financial affairs.
Article 57The administrative department of agriculture and forest under the State Council and the people's governments, in whose region the seed is cultivated, of provinces, autonomous regions and municipalities directly under the Central Government should strength the coordination and management on the issue of seed cultivation. The traffic and transportation departments should first guarantee the seed transportation.
Article 58When the administrative departments of agriculture and forestry implement the granting of related licenses, they cannot charge for any expenses except the production costs of certificates.
Chapter 10 Law Responsibilities
Article 59For any entity or individual who violate the stipulations of this law to produce or operate false seeds or low quality seeds, the people's government administrative departments of agriculture and forestry or other administrative management organizations of industry and commerce should order them to stop production or operation, confiscate the seeds and illegal income, revoke the seed-production license, seed-operation license or business license, and impose a forfeit for the illegal actions. If there is illegal income, a fine of 5 times to 10 times as that of the illegal income should be imposed on them; if there is no illegal income, a fine of RMB 2000 Yuan to RMB 50000 Yuan should be imposed on them. For criminal case, criminal responsibility should be investigated and affixed according to related law.
Article 60For those who break the stipulations of this law and have done one of the following things, the people's government administrative departments of agriculture and forestry above county level should order them to correct, confiscate the seeds and illegal income, impose a fine of 1 time to 3 times as that of the illegal income, impose, if no illegal income, a fine of RMB 1000 Yuan to RMB 30000 Yuan on them, revoke the seed-production license or seed-operation license. For criminal case, criminal responsibility should be investigated and affixed according to related law:
(1)Cannot get the seed-production license, counterfeit, change, buy or lease the seed-production license, or cannot produce according to the stipulations of the seed-production license.
(2)Cannot get the seed-operation license, counterfeit, change, buy or lease the seed-operation license, or cannot operate according to the stipulations of the seed-production license.
Article 61For those who break the stipulations of this law and have done one of the following things, the people's government administrative departments of agriculture and forestry above county level should order them to correct, confiscate the seeds and illegal income, impose a fine of 1 time to 3 times as that of the illegal income, impose, if no illegal income, a fine of RMB 1000 Yuan to RMB 20000 Yuan on them, revoke the seed-production license or seed-operation license. For criminal case, criminal responsibility should be investigated and affixed according to related law:
(1)The seeds produced for foreign countries are sold in China;
(2)The harvest of the test-crop seeds introduce into China is sold in China; and
(3)Privately collect of fell the natural variety resources mainly protected by the national.
Article 62For those who break the stipulations of this law and have done one of the following things, the people's government administrative departments of agriculture and forestry above county level should order them to correct, impose a fine of RMB 1000 Yuan to RMB 10000 Yuan on them:
(1)The operated seeds are not packed, but it is necessary to do so;
(2)There is no label for the operated seeds or the content or the label is not consistent with this law;
(3)Counterfeit or alter the label or test/check data;
(4)The files of seed production and operation are not prepared and stored; and
(5)It is not submitted for file for the operators to establish branch in other places.
Article 63For those who break the stipulations of this law to supply or introduce seed resources to/from foreign countries, the administrative departments of agriculture and forestry under the State Council or the people's government administrative departments of agriculture and forestry of provinces, autonomous regions and municipalities directly under the Central Government should confiscate the seeds and illegal income, and impose a fine of RMB 10000 Yuan to RMB 30000 on them.
For those who take or transport variety resources out of China without the approval of the administrative department of agriculture and forestry, the custom should detain the variety resources and transfer it to the people's government administrative departments of agriculture and forestry of provinces, autonomous regions and municipalities directly under the Central Government.