Measures for Examination and Approval of Main Crop Varieties
Measures for Examination and Approval of Main Crop Varieties
Measures for Examination and Approval of Main Crop Varieties
Order of the Ministry of Agriculture of the People's Republic of China [2013] No.4
December 27, 2013
The Measures for Examination and Approval of Main Crop Varieties, which were deliberated and adopted at the tenth executive meeting of the Ministry of Agriculture on December 18, 2013, are hereby promulgated and shall come into force as of February 1, 2014. The Measures for Examination and Approval of Main Crop Varieties promulgated on February 26, 2001 and revised on November 8, 2007 by the Ministry of Agriculture shall be repealed simultaneously.
Minister Han Changfu
Measures for Examination and Approval of Main Crop Varieties
Chapter I General Provisions
Article 1 For the purpose of examining and approving main crop varieties in scientific, fair and timely manners, the Measures for Examination and Approval of Main Crop Varieties (hereinafter referred to as the "Measures") are hereby formulated in accordance with the Seed Law of the People's Republic of China (hereinafter referred to as the "Seed Law").
Article 2 The Measures apply to the examination and approval of main crop varieties within the territory of the People's Republic of China.
Article 3 For the purpose of the Measures, the term "main crops" refers to rice, wheat, corn, cotton, soybean, rape, potato, and other one to two crop(s) determined by competent administrative departments of agriculture of the people's governments at provincial level.
Chapter II Variety Approval Committee
Article 4 The National Crop Variety Approval Committee, set under the Ministry of Agriculture, is responsible for the state-level examination and approval of crop varieties. The Provincial Crop Variety Approval Committees, set under competent administrative departments of agriculture of the people's governments at provincial level, are responsible for the province-level examination and approval of crop varieties.
Article 5 A Variety Approval Committee comprises personnel specialized in scientific research, teaching, production, promotion, management, utilization and other aspects. The committee members shall have senior professional and technical titles or hold positions at or above the division level, and are generally under the age of 55. They are elected for a term of five years.
The Variety Approval Committee has one director and two to five deputy director(s).
Article 6 An Office is set under the Variety Approval Committee to be responsible for daily work of the Variety Approval Committee, comprising one director and one to two deputy director(s).
Article 7 Specialized Committees are set by the Variety Approval Committee based on variety of crops. Each Specialized Committee has 11 to 23 members, consisting of one director and one to two deputy director(s).
Article 8 The Director Committee is set by the Variety Approval Committee, and is composed of directors and deputy directors of the Variety Approval Committee, directors of each Specialized Committee and Office directors.
Chapter III Application and Acceptance
Article 9 Any unit and individual applying for variety examination and approval (hereinafter referred to as the "applicant") may directly submit applications to the National Crop Variety Approval Committee or the Provincial Crop Variety Approval Committee.
For foreigners, foreign enterprises or other organizations having no regular residence or place of business in China, if they apply for variety examination and approval in China, they shall entrust a Chinese seed research, production or operating agent possessing the status of a legal person to handle such application.
Article 10 The varieties of rice, wheat, corn, cotton, soybean, rape and potato are subject to state-level or province-level examination and approval. Applicants may separately apply for state-level or province-level examination and approval, or simultaneously apply for state-level and province-level examination and approval, or submit such applications to several provinces, autonomous regions and municipalities directly under the Central Government for examination and approval at the same time.
For main crop varieties determined by competent administrative departments of agriculture of the people's governments at the provincial level, they shall be subject to province-level examination and approval.
Article 11 Any variety applied for examination and approval shall meet the following conditions:
1. being artificially selected and cultivated or discovered and having been improved;
2. being obviously different from the existing varieties (other varieties that have passed the examination and approval or have been accepted by Variety Approval Committee at the same level);
3.
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