Measures for the Supervision and Spot Check of Agricultural Seed Quality
Measures for the Supervision and Spot Check of Agricultural Seed Quality
Measures for the Supervision and Spot Check of Agricultural Seed Quality
Order of the Ministry of Agriculture [2005] No. 50
March 10, 2005
The Measures for the Supervision and Spot Check of Agricultural Seed Quality, which were adopted at the 3rd executive meeting of the Ministry of Agriculture on January 26, 2005, are hereby promulgated, and shall come into force as of May 1, 2005.
Du Qinglin, Minister
Annex:Measures for the Supervision and Spot Check of Agricultural Seed Quality
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Seed Law of the People's Republic of China (hereinafter referred to as the "Seed Law") and other relevant laws and administrative regulations so as to strengthen the regulatory administration over agricultural seed quality, maintain the order of seed market, and regulate the Supervision and Spot Check of agricultural seed quality (hereinafter referred to as the "Supervision and Spot Check").
Article 2 The "Supervision and Spot Check" mentioned in these Measures shall mean the activity of the administrations of agriculture of the people's government at the county level or above in organizing relevant seed administration institutions and seed quality inspection institutions to conduct sampling and inspections on the produced and sold agricultural seeds, and promulgating and dealing with the result of spot checks in accordance with the provisions.
Article 3 The responsibility to carry out Supervision and Spot Check and to deal with the results thereof shall remain with the administrations of agriculture. The responsibility for the sampling of the seeds in the process of spot check shall remain with the seed quality inspection institutions and (or) seed administration institutions entrusted by the administrations of agriculture (hereinafter referred to as the "Inspection Undertaking Institutions"), while the responsibility for inspection of the samples in the process of spot check shall remain with the seed quality inspection institutions (hereinafter referred to as the "Inspection Institutions").
Article 4 The samples taken in the process of Supervision and Spot Check shall be provided by the enterprise subject to spot check gratuitously, and the quantity of samples drawn shall not exceed the reasonable need of the inspection.
Article 5 The enterprises subject to spot check shall actively cooperate in the Supervision and Spot Check, and none of them may refuse the supervision or spot check without any justifiable reason.
Article 6 The expenses needed in Supervision and Spot Check shall be included into the budget of the administrations of agriculture, and no fees may be charged against the enterprises subject to spot check.
Article 7 Where the administration of agriculture has conducted Supervision and Spot Check over an enterprise, the administration of agriculture at the same or lower level shall not, within six months after the sampling, conduct repeated Supervision or Spot Check over the same crop seed of this enterprise.
Chapter II Determination of Plans and Schemes on Supervision and Spot Check
Article 8 The responsibility to formulate national Supervision and Spot Check planning as well as the plans of Supervision and Spot Check on the same level shall remain with the Ministry of Agriculture, while the administrative departments of agriculture of the local people's government at the county level or above shall formulate corresponding plans on Supervision and Spot Check on the basis of the national planning and in light of the locality's actual situation.
The key subjects of Supervision and Spot Check shall be the major agricultural seeds adopted in the locality, seed users, and agricultural seeds complained by relevant organizations for their poor quality.
The administrations of agriculture may, in light of the actual situations, conduct Supervision and Spot Check on a single quality index or several quality indexes.
Article 9 The administration of agriculture shall assign Supervision and Spot Check tasks to the Inspection Undertaking Institutions according to the plans. Each Inspection Undertaking Institution shall, according to the Supervision and Spot Check tasks, formulate schemes for the spot checks, and submit them to the administration of agriculture for examination.
The schemes on spot checks shall be scientific, just and pragmatic.
A spot check scheme shall include such contents as sampling, basis of inspection, items to be inspected, basis for conclusion, name list of the enterprises subject to spot check, budgetary estimation of expenses, time of spot check and time for submitting the result, etc..
To select the enterprises subject to spot check, one shall give prominence to the major ones, and the selected ones shall be of representative significance.
Article 10 An administration of agriculture shall, after adopting a spot check scheme, issue a Notification for Seed Quality Supervision and Spot Check to the Inspection Undertaking Institution.
A Notification for Seed Quality Supervision and Spot Check is the testimonial of notifying the enterprise to accept Supervision and Spot Check, and shall indicate the name of the enterprise subject to spot check, the category of the crop, the sampler, the entity, etc., while the Inspection Undertaking Institution shall conduct sampling in the enterprise by presenting this notification, and deliver it to the enterprise for filing.
Article 11 An Inspection Undertaking Institution shall, after accepting the Supervision and Spot Check task, organize relevant personnel to study relevant laws, regulations, and provisions on Supervision and Spot Check, and to get familiar with the scheme of Supervision and Spot Check.
......