Decision of the Standing Committee of the National Peoples Congress on Amending the Seed Law of the

（Adopted at the 11th Meeting of the Sanding Committee of the Tenth National People's Congress on August 28， 2004）

颁布日期：20040828 　实施日期：20040828 　颁布单位：全国人大常委会

　　Order of the President of the People's Republic of China

　　No.26

　　The Decision of the Standing Committee of the National People's Congress on Amending the Seed Law of the People's Republic of China， adopted at the 11th Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 28， 2004， is hereby promulgated and shall go into effect as of the date of its promulgation.

　　Hu Jintao

　　President of the People's Republic of China

　　August 28， 2004

　　At its 11th Meeting， the Standing Committee of the Tenth National People's Congress decided to amend the Seed Law of the People's Republic of China as follows：

　　1. The second paragraph of Article 17 is revised to read， “No forest tree varieties that are subject to verification but fail to pass the verification may be traded in or popularized as improved varieties. However， where such varieties are really needed for production， the matter shall be submitted to the forest tree varieties verification committee for confirmation.”

　　2. Article 33 is revised to read， “Without the approval of the administrative department for forestry under the people's governments of provinces， autonomous regions or municipalities directly under the Central Government， no seeds of rare trees or forest tree seeds the purchase of which is restricted in accordance with the regulations of the people's government at the same level may be purchased.”

　　This Decision shall go into effect as of the date of its promulgation.

　　The Seed Law of the People's Republic of the China shall be promulgated anew after the revisions are made according to this Decision.

　　Seed Law of the People's Republic of China

　　（Adopted at the 16th Meeting of the Standing Committee of the Ninth National People's Congress on July 8， 2000， and amended in accordance with the Decision on Amending the Seed Law of the People's Republic of China， adopted at the 11th Meeting of the Standing Committee of the Tenth National People's Congress on August 28， 2004）

　　Contents

　　Chapter Ⅰ General Provisions

　　Chapter Ⅱ Protection of Germ Plasm Resources

　　Chapter Ⅲ Selection and Verification of Varieties

　　Chapter Ⅳ Production of Seeds

　　Chapter Ⅴ Trading in Seeds

　　Chapter Ⅵ Use of Seeds

　　Chapter Ⅶ Seed Quality

　　Chapter Ⅷ Import and Export of Seeds and Cooperation with Foreign Countries

　　Chapter Ⅸ Administrative Management of Seeds

　　Chapter Ⅹ Legal Responsibility

　　Chapter Ⅺ Supplementary Provisions

　　Chapter Ⅰ

　　General Provisions

　　Article 1 This Law is enacted for the purpose of protecting and making rational use of germ plasm resources， standardizing the variety selection and the production of， trading in ad use of seeds， safeguarding the lawful rights and interests of variety breeders and seed producers， traders in seeds and seed users， operators and users， improving the quality of seeds， pushing forward the industrial management of seeds and promoting the development of crop cultivation and the forestry industry.

　　Article 2 This Law shall apply to the activities such as variety selection and production of， trading in， use and management of seeds engaged in within the territory of the People's Republic of China

　　For purposes of this Law， seeds mean the materials for planting or propagating crops and forest trees， including grains， fruits， roots， stems seedlings， sprouts and leaves.

　　Article 3 The administrative departments for agriculture and for forestry under the State Council shall be respectively in charge of the work related to crop s

eeds and forest tree seeds throughout the country. The administrative departments for agriculture and for forestry under the local people's governments at or above the county level shall be in charge of the work related to crop seeds and forest tree seeds within their respective administrative regions.

　　Article 4 The State supports the efforts t 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 People's governments at or above the county level shall make plans for seed development in accordance with the guidelines of developing agriculture with the help of science and education and in light of the need for the development of crop cultivation and the forestry industry， and ensure implementation of the plans by taking measures in the fields of finance， loans and taxation in accordance with the relevant regulation of the State.

　　Article 6 The State Council and the people's government of provinces， autonomous regions， and municipalities directly under the Central Government shall establish funds to support the selection and popularization of improved varieties. Specific measures in this regard shall be formulated by the State Council.

　　Article 7 The State shall establish a system for storing seeds， mainly to meet the needs 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 in accordance with law， and no units or individuals may seize or impair germ plasm resources.

　　Collecting and cutting natural germ plasm resources that are under special protection of the State are prohibited. Where such collecting or cutting is required for scientific research or other special purposes， the matter shall be subject to approval be 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， in a planned way， collects， sorts out， verifies， registers， stores， exchanges and utilizes germ plasm resources， and regularly issues the catalogue of available germ plasm resources. Specific measures in this respect 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 shall establish a national bank of germ plasm resources， and the administrative departments for agriculture and for forestry under the people's government of provinces， autonomous regions or municipalities directly under the Central Government may， in light of their need， establish germ plasm resources banks and protection zones or germ plasm resources reserves.

　　Article 10 The State has he sovereign right over germ plasm resources. Any units or individuals that wish to provide germ plasm resources to people's outside China shall apply to the administrative department for agriculture or for forestry under the State Council for approval； Any introduction of germ plasm resources from abroad shall be handled in accordance with the relevant regulations laid down by the administrative department for agriculture or for forestry under the State Council.

　　Chapter Ⅲ

　　Selection and Verification of Varieties

　　Article 11 The administrative departments for agri

culture， forestry， science and technology， education， etc. under the State Council and the people's governments of provinces， autonomous regions， and municipalities directly under the Central Government shall make arrangements for relevant units to carry out research on the theory， technology and methods for variety selection.

　　The State encourages and supports units and individuals in their efforts to select 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 an bred are popularized， the breeders shall be given appropriate economic benefits in accordance with law.

　　Article 13 Where the earnings of units or individuals are reduced because the administrative departments for forestry establish testing stands， experimental stands， fine tree collection areas or gene banks for selection of improved varieties of forest trees， the administrative departments for forestry that give the approval shall make economic compensation to the units or individuals in accordance with the relevant regulations of the State.

　　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 Cou

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