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

　　（1）having funds commensurate with the seed varieties and quantities traded in and the capability of bearing civil liabilities independently；

　　（2）having the personnel who are able to correctly distinguish the seeds traded in and examine seed quality and are skilled in storing seeds and keep

ing them is good condition；

　　（3）having business sites appropriate to the seed varieties and quantities traded in， the facilities for processing， packing and storing the seeds and keeping them in good condition， and the instruments for examining seed quality； and

　　（4）meeting the other requirements laid down in laws， rules and regulations.

　　People who trade specially in packed seeds that are not to be divided into smaller packages， or sell seeds on the basis of written commission as agents of the seed traders that have seed trading licenses， may go without seed trading licenses.

　　Article 30 The effective areas of a seed trading license shall be determined by the authority that issues the license within its jurisdiction. Where seed traders wish to establish branch offices within the effective areas specified in the trading licenses， they may dispense with extra licenses； however， they shall， within 15 days from the date they obtain or alter the business licenses， report for the record to the local administrative departments for agriculture or for forestry and the authority that issues the license.

　　Article 31 In a seed trading license shall be clearly stated the scope of seed trading， the mode of business， the effective term and areas， etc

　　Forging， altering， trading in and leasing of seed trading licenses are prohibited. No unit or individual without such a license may trade in seeds， and no unit or individual with such a license may do so at variance with the provisions stated in the license.

　　Article 32 Seed traders shall observe the provisions in relevant laws， rules and regulations， provide seed users with such information as the brief properties of seeds， principal measures for planting， instructions for use of the seeds and relevant advisory services， and they shall be responsible for the quality of the seeds.

　　No unit or individual may illegally interfere in the seed traders' exercise of their right to independent operations.

　　Article 33 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 of 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.

　　Article 34 Seeds for sale shall be processed， graded and packed， except those that cannot be processed or packed.

　　Seeds in large package or imported may be divided and repacked； in such cases， the repackaging units shall be clearly stated and they shall be responsible for the quality of such seeds.

　　Article 35 A label shall be attached to the package of the seeds for sale. In such a label shall be clearly stated the seed family， variety name， origin， quality index， serial number of quarantine certificate， serial number of the seed production or trading license， or document number of examination and approval for import， etc. What is stated in the label shall be in conformity with the seeds for sale.

　　For the sale of imported seeds， a label in Chinese in needed.

　　For the sale of the seeds of transgenic plant varieties， readily readable characters are essential， and safety measures shall be indicated for their use.

　　Article 36 Seed traders shall keep and trading files， which shall contain brief information about the seed source， processing， storage， transportation， the various links of quality test and the responsible persons the places where the seeds are sold to， etc

　　Trading files of annual crop seeds shall be kept for two years after the seeds are sold； the length of time for keeping the trading files for perennial crop seeds and forest tree seeds shall be specified by the administrative departments for agriculture and for forestry under the State Council.

　　Article 37 The cont

ents of seed advertisements shall be conform to the provisions of this Law and laws， rules and regulations on advertisements， and the descriptions of the main properties shall agree with what is in the verification announced.

　　Article 38 A quarantine certificate shall be attached to the seeds allocated or transported or mailed out of a county.

　　Chapter Ⅵ

　　Use of Seeds

　　Article 39 Seed users shall have the right to purchase the seeds of their own free will. No units or individuals may illegally interfere in such purchases.

　　Article 40 For the afforestation projects invested by the State or invested mainly by the State and for afforestation by State-owned forestry units， improved forest tree varieties shall be used in accordance with the plans worked out by the administrative departments for forestry.

　　The State provides support and assistance in the wide use of improved forest tree varieties to plant shelter forests and forests for special use.

　　Article 41 Where seed users suffer losses due to seed quality problems， the sellers of the seeds shall make compensation， and the amount of such compensation shall include the amount of money spent on the purchase of the seeds， relevant expenses and losses of potential profits.

　　Where the liability rest on the seed producers or other traders， the sellers who have paid the compensation shall have the right to claim compensation from the producers or other sellers.

　　Article 42 Where a civil dispute arises over the use of seeds， the parties may have it settled through consultation or mediation. Where the parties are not willing to do so， r consultation or mediation fails， they may apply to an arbitration institute for arbitration in accordance with the agreement reached between them. The parties may also directly file a suit to the People's Court.

　　Chapter Ⅶ

　　Seed Quality

　　Article 43 The administrative measures for the quality of seeds in respect of seed production， processing， packaging， inspection and storage as well as standards of the trade shall be formulated by the administrative departments for agriculture and for forestry under the State Council.

　　The administrative departments for agriculture and for forestry shall be in charge of supervision over seed quality.

　　Article 44 The administrative departments for agriculture and for forestry may entrust seed quality inspection authorities with the inspection of seed quality.

　　The authorities for inspection of seed quality shall have the necessary testing facilities and capabilities， and shall be ones that are regarded as qualified for the job through assessment by the competent departments under qualified for the job through assessment by the competent department under the people's government at or above the provincial level.

　　Article 45 Seed quality examination inspection authorities shall be manned with inspectors. Shall meet the following requirements：

　　（1）having graduated from the secondary vocational or technical schools related to the profession or having received such education at a higher level；

　　（2）having been engaged in the technical work of seed inspection for three years art least； and

　　（3）having passed the examination conducted by the administrative department for agriculture or for forestry under the people's government at or above the provincial level.

　　Article 46 Production and trading in false and inferior seeds are prohibited.

　　The following are false seeds：

　　（1）non-seeds passed off as seeds， and the seeds of one variety passed off as the seeds of another variety； and

　　（2）the family variety or origin of seeds in not in agreement with what is stated in the label.

　　The following are inferior seeds：

　　（1）the quality is lower than the standards of seeds for use set by the State；

　　（2）the quality

is lower than the index indicated in the label；

　　（3）the seeds have deteriorated and cannot be used as such；

　　（4）the proportion of weed seeds exceeds the specified level； and

　　（5）the seeds carry the harmful organisms under quarantine specified by the State.

　　Article 47 Where， due to force majeure， it is necessary to use the crop seeds that are lower than the standards of seeds for use set by the State or by the local authorities， the matter shall be subject to approval by the local people's government at or above the county level where the seeds are to be use； where forest tree seeds are concerned， the matter shall be subject to approval by the people's government of the province， autonomous region or municipality directly under the Central Government where the seeds are to be used.

　　Article 48 Units or individuals engaged in variety selection， in seed production or trade， or in seed management shall observe the provisions of the laws， rules and regulations on plant quarantine in order to prevent dangerous plant diseases， insect pests， weeds and other harmful organisms from spreading.

　　No units or individuals may conduct vaccinal experiments against diseases and insect pests at seed production bases.

　　Chapter Ⅷ

　　Import and Export of Seeds and Cooperation with Foreign Countries

　　Article 49 Any seeds imported or exported shall be subject to inspection and quarantine for the purpose of preventing dangerous plant

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/