Seed Law of the People's Republic of China
Seed Law of the People's Republic of China
Seed Law of the People's Republic of China
Order of the President No. 34
July 8, 2000
(Adopted at the 16th Meeting of the Standing Committee of the Ninth National People's Congress on July 8, 2000)
Contents
Chapter I General Provisions
Chapter II The Protection of Germ Plasm 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 Law Responsibilities
Chapter XI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of making reasonable use of germ plasm resources; standardizing the variety selection and the production of, trading in and use of seeds; protecting the lawful rights and interests of variety breeders and seed producers, traders in seeds and seed users; promoting seed quality; pushing forward the industrial management of seeds; and accelerating the development of crop cultivation and forestry industry.
Article 2 This law applies to the breeding, selection, production, business operation, usage, management of seed and other activities in China.
For purposes of this Law, the term "seed" means the materials for planting or propagating crops and forest trees, including grains, fruits, roots, stems, seedlings, sprouts and leaves.
Article 3 The Agriculture Department and Forestry Department under the State Council are respectively in charge of the work of crop seed and forest tree seed in China. The local crop administrative department and forestry administrative department above the county level shall respectively take charge of the work of crop seed and forest tree seed within the administrative region.
Article 4 The State supports the efforts to protect germ plasm resources and to select, produce, replace and popularize improved varieties, encourages the combination of variety selection with seed production and trading in seeds, and rewards the units and individuals that achieve outstanding successes in the protection of germ plasm resources and in the selection and popularization of improved varieties.
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 shall 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 improved varieties. The State Council shall provide detailed measures.
Article 7 The State shall establish a system for storing seeds, mainly to meet the need of production in times of calamities and to ensure the security of agricultural production. The seeds kept in reserve shall be regularly inspected and replaced with new seeds. Specific measures for seed storage shall be formulated by the State Council.
Chapter II Protection of Germ Plasm Resources
Article 8 The State protects germ plasm resources by law. No individual or entity may usurp on or destroy the germ plasm resources.
Wild germ plasm resources are also subject to the special protection of the State and shall be prohibited from collection or felling. Where such collecting or cutting is required for scientific research or other special purposes, the matter shall be subject to approval by the administrative department for agriculture or for forestry under the State Council or under the people's government of a province, autonomous region or municipality directly under the Central Government.
Article 9 The State collects, sorts out, appraises, records, conserves, exchanges and uses germ plasm resources in a planned way, and regularly releases the catalog of available germ plasm 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 shall establish a state germ plasm 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 germ plasm resources databases, protection zones or germ plasm resources protection areas according to requirements.
Article 10 The State has sovereignty over the germ plasm resources. The supplying by any individual or entity of germ plasm 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 germ plasm resources into China shall 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 units to carry out research on the theory, technology and methods for variety selection.
The State encourages and supports entities and individuals to breed and develop improved varieties.
Article 12 The State applies the system of protecting new plant varieties, whereby the plant varieties cultivated by artificial means or developed from wild plants discovered, which possess the characteristics of novelty, uniqueness, conformity and stability, shall be given the title of new plant varieties and the lawful rights and interests of the owners of such plant varieties shall be protected. The specific measures therefor shall be applied in accordance with the relevant regulations of the State. Where the varieties selected and bred are popularized, the breeders shall be given appropriate economic benefits in accordance with 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 14 The selection, experiment, verification and popularization of transgenic plant varieties shall be subject to security assessment, and strict security control measures shall be taken. Specific measures in this respect shall be formulated by the State Council.
Article 15 Main crop and forest tree varieties shall be subject to verification at the national or provincial level prior to their popularization. Applicants may directly apply for verification at the provincial or national level. Main crop and forest tree varieties determined by the administrative departments for agriculture and for forestry under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be subject to verification at the provincial level.
The measures for verifying main crop and forest tree varieties shall embody the principles of fairness, openness, scientificalness and efficiency and shall be formulated by the administrative departments for agriculture and for forestry under the State Council.
The administrative departments for agriculture and for forestry under the State Council and those under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall respectively set up crop and forest tree varieties verification committees composed of professionals, which shall be in charge of the verification of main crop and forest tree varieties.
With respect to regions with a diversified ecology, the administrative departments for agriculture and for forestry under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may entrust cities divided into districts and autonomous prefectures with the verification of the main crop and forest tree varieties, which are suitable for popularization in regions with special ecology.
Article 16 The main crop varieties and improved varieties of forest trees verified at the national level shall be announced by the administrative departments for agriculture and for forestry under the State Council, and they may be popularized in regions with suitable ecology throughout the country.
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Order of the President No. 34
July 8, 2000
(Adopted at the 16th Meeting of the Standing Committee of the Ninth National People's Congress on July 8, 2000)
Contents
Chapter I General Provisions
Chapter II The Protection of Germ Plasm 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 Law Responsibilities
Chapter XI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of making reasonable use of germ plasm resources; standardizing the variety selection and the production of, trading in and use of seeds; protecting the lawful rights and interests of variety breeders and seed producers, traders in seeds and seed users; promoting seed quality; pushing forward the industrial management of seeds; and accelerating the development of crop cultivation and forestry industry.
Article 2 This law applies to the breeding, selection, production, business operation, usage, management of seed and other activities in China.
For purposes of this Law, the term "seed" means the materials for planting or propagating crops and forest trees, including grains, fruits, roots, stems, seedlings, sprouts and leaves.
Article 3 The Agriculture Department and Forestry Department under the State Council are respectively in charge of the work of crop seed and forest tree seed in China. The local crop administrative department and forestry administrative department above the county level shall respectively take charge of the work of crop seed and forest tree seed within the administrative region.
Article 4 The State supports the efforts to protect germ plasm resources and to select, produce, replace and popularize improved varieties, encourages the combination of variety selection with seed production and trading in seeds, and rewards the units and individuals that achieve outstanding successes in the protection of germ plasm resources and in the selection and popularization of improved varieties.
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 shall 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 improved varieties. The State Council shall provide detailed measures.
Article 7 The State shall establish a system for storing seeds, mainly to meet the need of production in times of calamities and to ensure the security of agricultural production. The seeds kept in reserve shall be regularly inspected and replaced with new seeds. Specific measures for seed storage shall be formulated by the State Council.
Chapter II Protection of Germ Plasm Resources
Article 8 The State protects germ plasm resources by law. No individual or entity may usurp on or destroy the germ plasm resources.
Wild germ plasm resources are also subject to the special protection of the State and shall be prohibited from collection or felling. Where such collecting or cutting is required for scientific research or other special purposes, the matter shall be subject to approval by the administrative department for agriculture or for forestry under the State Council or under the people's government of a province, autonomous region or municipality directly under the Central Government.
Article 9 The State collects, sorts out, appraises, records, conserves, exchanges and uses germ plasm resources in a planned way, and regularly releases the catalog of available germ plasm 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 shall establish a state germ plasm 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 germ plasm resources databases, protection zones or germ plasm resources protection areas according to requirements.
Article 10 The State has sovereignty over the germ plasm resources. The supplying by any individual or entity of germ plasm 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 germ plasm resources into China shall 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 units to carry out research on the theory, technology and methods for variety selection.
The State encourages and supports entities and individuals to breed and develop improved varieties.
Article 12 The State applies the system of protecting new plant varieties, whereby the plant varieties cultivated by artificial means or developed from wild plants discovered, which possess the characteristics of novelty, uniqueness, conformity and stability, shall be given the title of new plant varieties and the lawful rights and interests of the owners of such plant varieties shall be protected. The specific measures therefor shall be applied in accordance with the relevant regulations of the State. Where the varieties selected and bred are popularized, the breeders shall be given appropriate economic benefits in accordance with 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 14 The selection, experiment, verification and popularization of transgenic plant varieties shall be subject to security assessment, and strict security control measures shall be taken. Specific measures in this respect shall be formulated by the State Council.
Article 15 Main crop and forest tree varieties shall be subject to verification at the national or provincial level prior to their popularization. Applicants may directly apply for verification at the provincial or national level. Main crop and forest tree varieties determined by the administrative departments for agriculture and for forestry under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be subject to verification at the provincial level.
The measures for verifying main crop and forest tree varieties shall embody the principles of fairness, openness, scientificalness and efficiency and shall be formulated by the administrative departments for agriculture and for forestry under the State Council.
The administrative departments for agriculture and for forestry under the State Council and those under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall respectively set up crop and forest tree varieties verification committees composed of professionals, which shall be in charge of the verification of main crop and forest tree varieties.
With respect to regions with a diversified ecology, the administrative departments for agriculture and for forestry under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may entrust cities divided into districts and autonomous prefectures with the verification of the main crop and forest tree varieties, which are suitable for popularization in regions with special ecology.
Article 16 The main crop varieties and improved varieties of forest trees verified at the national level shall be announced by the administrative departments for agriculture and for forestry under the State Council, and they may be popularized in regions with suitable ecology throughout the country.
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