Seed Law of the People's Republic of China (Amended in 2004)
Seed Law of the People's Republic of China (Amended in 2004)
Seed Law of the People's Republic of China (Amended in 2004)
Order of the President No. 26
August 28, 2004
(Adopted at the 16th Session of the Standing Committee of the Ninth National People's Congress on July 8th, 2000; and amended at the 11th Session of the Standing Committee of the Tenth National People's Congress on August 28th, 2004)
Contents
Chapter I General Provisions
Chapter II The Protection of Seed Resources
Chapter III The Selection, Cultivation, Examination and Approval of Seed
Chapter IV Seed Production
Chapter V Seed Operation
Chapter VI The Usage of Seed
Chapter VII Seed Quality
Chapter VIII Import, Export and Foreign Cooperation for Seed
Chapter IX Administrative Management for Seed
Chapter X Legal Responsibilities
Chapter XI Supplementary Provisions
Chapter I General Provisions
Article 1 The present law is enacted with a view to making reasonable use of seed resources; controlling the selection, production, business operation and use of seed; protect the legal rights of the producers, business operators and users of seed; promoting seed quality; boosting the industrialization process of seed; and accelerating the development of the planting and forestry industries.
Article 2 This law shall apply to the breeding, selection, production, business operation, usage, management of seed and other activities in China.
The term "seed" in this Law means the materials of crops and forest trees used for planting or propagation, including seed grains, fruits, roots, stems, seedlings, buds and leaves, etc.
Article 3 The administrative departments in charge of agriculture and forestry under the State Council are respectively in charge of the work of crop seed and forest tree seed in China. The local crop administrative departments and forestry administrative departments above the county level should respectively take charge of the work of crop seed and forest tree seed within their respective administrative region.
Article 4 The State supports the protection of seed resources, the breeding, production, rebirth and popularization of quality seeds. The state encourages the combination of seed breeding and seed production, and both encourages and rewards persons and entities that have good performance in the work of seed resource protection, quality seed selection, breeding, popularization, etc.
Article 5 The People's government above the county level shall make development plans according to the guidelines of strengthening agriculture through science and education and to the requirements for the development of the planting and forestry industries, and should adopt some methods of finance, credit and revenue to ensure the implementation of the plans.
Article 6 Special funds shall be set up by the State Council and the People's governments of the provinces, autonomous regions, municipalities directly under the State Council to support the selection, breeding and popularization of quality seed. Specific measures shall be formulated by the State Council.
Article 7 The State shall establish a seed reserve system to meet the demand of production in case of disasters and to ensure the safety of agricultural production. The reserved seed shall be checked and replaced on a regular basis. Specific measures for seed reserves shall be formulated by the State Council.
Chapter II The Protection of Seed Resources
Article 8 The State protects seed resources according to law. No individual or entity may usurp on or destroy the seed resources. Wild seed resources are also subject to the special protection of the State and shall be prohibited from collection or felling. In special cases such as scientific research where collection or felling is necessary, the collection or felling shall be subject to the approval of the administrative departments of agriculture and forestry under the State Council or the People's Governments of the provinces, autonomous regions, municipalities directly under the State Council.
Article 9 The State shall collect, sort out, appraise, record, preserve, exchange and utilize seed resources in a planned way, and regularly release the catalog of available seed resources. The administrative departments of agriculture and forestry under the State Council shall provide detailed measures for the above listed activities.
The administrative departments of agriculture and forestry under the State Council should establish a state seed resources database, and the administrative departments of agriculture and forestry under the People's Governments of the provinces, municipalities and cities directly under the State Council may, where necessary, establish seed resources databases and protection areas according to actual needs.
Article 10 The State has sovereignty over the seed resources. The supplying by any individual or entity of seed resources to foreign countries shall be subject to the approval of the administrative departments of agriculture and forestry under the State Council. The introduction of foreign seed resources into China should be handled according to the relevant stipulations of the administrative departments of agriculture and forestry under the State Council.
Chapter III The Selection, Cultivation, Examination and Approval of Seed
Article 11 The administrative departments of agriculture, forestry, science and technology, education, etc., under the State Council and the People's Governments of the provinces, autonomous regions, and municipalities directly under the Central Government, shall organize relevant entities to carry out the research of seed selection and of the techniques and methods of seed selection.
The State encourages and supports entities and individuals to breed and develop quality seed.
Article 12 The State shall establish a new plant species protection system. The system will grant the rights of a new species to those cultured or to those species discovered in the wilderness that have not yet been cultivated or developed and that are characterized by novelty, uniqueness, consistency and stability. The new plant species protection system will protect the lawful rights and interests of the holder. Specific measures shall be subject to the relevant provisions of the State. If the selected species has been widely disseminated, the breeder shall be entitled to obtain corresponding economic profits according to law.
Article 13 If an individual or an entity's income has decreased because of the establishment of forests for test or experiment purposes, or the establishment of areas for the collection of quality saplings, or the establishment of gene bases with the approval of the administrative departments of forestry, the administrative departments that has given such approvals shall give economic compensation to the individual or entity according to related stipulations.
Article 14A safety assessment should be carried out for the selection, breeding, test, examination and popularization of trans-genetic plant species, and safety measures shall be adopted strictly. The State Council shall determine the details.
Article 15 Main crop or tree species shall pass the safety examination and be approved at the national or provincial level before popularization. An applicant can directly apply for the examination and approval of either level. Those main crop and tree species as determined by the administrative departments of agriculture and forestry under the People's Government of provinces, autonomous regions and municipalities directly under the Central Government shall be examined and approved by the corresponding provincial department.
The methods for the examination and approval of main crop species and tree species shall embody the rule of equity, openness, science and efficiency. Such measures shall be formulated by the administrative departments of agriculture and forestry under the State Council.
The administrative departments of agriculture and forestry under the State Council and the People's Governments of provinces, autonomous regions and municipalities directly under the Central Government shall respectively establish a committee for the examination and approval of crop and tree Species to take on the examination and approval of main crop and forestry species.
......
Order of the President No. 26
August 28, 2004
(Adopted at the 16th Session of the Standing Committee of the Ninth National People's Congress on July 8th, 2000; and amended at the 11th Session of the Standing Committee of the Tenth National People's Congress on August 28th, 2004)
Contents
Chapter I General Provisions
Chapter II The Protection of Seed Resources
Chapter III The Selection, Cultivation, Examination and Approval of Seed
Chapter IV Seed Production
Chapter V Seed Operation
Chapter VI The Usage of Seed
Chapter VII Seed Quality
Chapter VIII Import, Export and Foreign Cooperation for Seed
Chapter IX Administrative Management for Seed
Chapter X Legal Responsibilities
Chapter XI Supplementary Provisions
Chapter I General Provisions
Article 1 The present law is enacted with a view to making reasonable use of seed resources; controlling the selection, production, business operation and use of seed; protect the legal rights of the producers, business operators and users of seed; promoting seed quality; boosting the industrialization process of seed; and accelerating the development of the planting and forestry industries.
Article 2 This law shall apply to the breeding, selection, production, business operation, usage, management of seed and other activities in China.
The term "seed" in this Law means the materials of crops and forest trees used for planting or propagation, including seed grains, fruits, roots, stems, seedlings, buds and leaves, etc.
Article 3 The administrative departments in charge of agriculture and forestry under the State Council are respectively in charge of the work of crop seed and forest tree seed in China. The local crop administrative departments and forestry administrative departments above the county level should respectively take charge of the work of crop seed and forest tree seed within their respective administrative region.
Article 4 The State supports the protection of seed resources, the breeding, production, rebirth and popularization of quality seeds. The state encourages the combination of seed breeding and seed production, and both encourages and rewards persons and entities that have good performance in the work of seed resource protection, quality seed selection, breeding, popularization, etc.
Article 5 The People's government above the county level shall make development plans according to the guidelines of strengthening agriculture through science and education and to the requirements for the development of the planting and forestry industries, and should adopt some methods of finance, credit and revenue to ensure the implementation of the plans.
Article 6 Special funds shall be set up by the State Council and the People's governments of the provinces, autonomous regions, municipalities directly under the State Council to support the selection, breeding and popularization of quality seed. Specific measures shall be formulated by the State Council.
Article 7 The State shall establish a seed reserve system to meet the demand of production in case of disasters and to ensure the safety of agricultural production. The reserved seed shall be checked and replaced on a regular basis. Specific measures for seed reserves shall be formulated by the State Council.
Chapter II The Protection of Seed Resources
Article 8 The State protects seed resources according to law. No individual or entity may usurp on or destroy the seed resources. Wild seed resources are also subject to the special protection of the State and shall be prohibited from collection or felling. In special cases such as scientific research where collection or felling is necessary, the collection or felling shall be subject to the approval of the administrative departments of agriculture and forestry under the State Council or the People's Governments of the provinces, autonomous regions, municipalities directly under the State Council.
Article 9 The State shall collect, sort out, appraise, record, preserve, exchange and utilize seed resources in a planned way, and regularly release the catalog of available seed resources. The administrative departments of agriculture and forestry under the State Council shall provide detailed measures for the above listed activities.
The administrative departments of agriculture and forestry under the State Council should establish a state seed resources database, and the administrative departments of agriculture and forestry under the People's Governments of the provinces, municipalities and cities directly under the State Council may, where necessary, establish seed resources databases and protection areas according to actual needs.
Article 10 The State has sovereignty over the seed resources. The supplying by any individual or entity of seed resources to foreign countries shall be subject to the approval of the administrative departments of agriculture and forestry under the State Council. The introduction of foreign seed resources into China should be handled according to the relevant stipulations of the administrative departments of agriculture and forestry under the State Council.
Chapter III The Selection, Cultivation, Examination and Approval of Seed
Article 11 The administrative departments of agriculture, forestry, science and technology, education, etc., under the State Council and the People's Governments of the provinces, autonomous regions, and municipalities directly under the Central Government, shall organize relevant entities to carry out the research of seed selection and of the techniques and methods of seed selection.
The State encourages and supports entities and individuals to breed and develop quality seed.
Article 12 The State shall establish a new plant species protection system. The system will grant the rights of a new species to those cultured or to those species discovered in the wilderness that have not yet been cultivated or developed and that are characterized by novelty, uniqueness, consistency and stability. The new plant species protection system will protect the lawful rights and interests of the holder. Specific measures shall be subject to the relevant provisions of the State. If the selected species has been widely disseminated, the breeder shall be entitled to obtain corresponding economic profits according to law.
Article 13 If an individual or an entity's income has decreased because of the establishment of forests for test or experiment purposes, or the establishment of areas for the collection of quality saplings, or the establishment of gene bases with the approval of the administrative departments of forestry, the administrative departments that has given such approvals shall give economic compensation to the individual or entity according to related stipulations.
Article 14A safety assessment should be carried out for the selection, breeding, test, examination and popularization of trans-genetic plant species, and safety measures shall be adopted strictly. The State Council shall determine the details.
Article 15 Main crop or tree species shall pass the safety examination and be approved at the national or provincial level before popularization. An applicant can directly apply for the examination and approval of either level. Those main crop and tree species as determined by the administrative departments of agriculture and forestry under the People's Government of provinces, autonomous regions and municipalities directly under the Central Government shall be examined and approved by the corresponding provincial department.
The methods for the examination and approval of main crop species and tree species shall embody the rule of equity, openness, science and efficiency. Such measures shall be formulated by the administrative departments of agriculture and forestry under the State Council.
The administrative departments of agriculture and forestry under the State Council and the People's Governments of provinces, autonomous regions and municipalities directly under the Central Government shall respectively establish a committee for the examination and approval of crop and tree Species to take on the examination and approval of main crop and forestry species.
......