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

diseases， insect pests， weeds and other harmful organisms from spreading into or out of China， and inspection and quarantine shall be carried out in accordance with the provisions of the laws， rules and regulations on entry or exit plant inspection and quarantine.

　　Article 50 Legal persons or other organizations engaged in the import or export of commodity seeds shall， in addition to the seed trading license， obtain the license for the import and export trade of seeds in accordance with the provisions of the laws， rules and regulations on foreign trade.

　　The State Council shall fix the limits of authority for examining and approving the introduction of the seeds of crops and forest trees from abroad， and formulated measures for examination and approval of the import and export of such and administrative measures for the introduction of transgenic plant varieties.

　　Article 51 The quality of the commodity seeds imported shall reach the standards of the State or of the trade. Where there are no such standards to go by， the standards agreed upon in a contract may be applied.

　　Article 52 Where seeds are imported for producing hybrid seeds for other countries， such imports may be exempt from the restriction laid down in the provision of the first paragraph of Article 50 of this Law， provided that a contract is signed for the production of hybrid seeds fro foreign countries， the imported seeds are only to be used for the production of hybrid seeds， and the products are not to be sold at domestic markets.

　　The crop seeds introduced from abroad for experiment shall be planted in isolation， and no cuttings therefrom may be sold as commodity seeds.

　　Article 53 The import and export of false and inferior seeds and of the seeds the import ad export of which are prohibited by State regulations are prohibited.

　　Article 54 The examination and approval procedures and administrative measures with regard to foreign enterprises， other economic organizations or individuals that wish to invest in seed production and trading in China shall be formulated by the relevant departments under the State Council in accordance with the provisions of relevant laws， rules and regulations.

　　Chapter Ⅸ

　　Administrative Management of Seeds

　　Article 55 The administrative departments for agriculture and for forestry are the administrative organs for enforcement of the seed law. When seed law en

forcement officials perform their duties in accordance with law， they shall show their administrative law-enforcement papers.

　　For enforcing this Law， the administrative departments for agriculture and for forestry may conduct on-the-spot inspection.

　　Article 56 No administrative departments for agriculture or for forestry or their staff members may take part in or engage in seed production or trading； no seed production or trading businesses may take part in or engage in administrative management of seeds. The administrative department for seeds and the seed production and trading businesses shall be separated from each other in respect of personnel and finance.

　　Article 57 The administrative departments for agriculture and for forestry under the State Council and the people's governments of provinces， autonomous regions and municipalities directly under the Central Government where seeds are propagated in different soil shall improve management and coordination in this regard， and the transportation departments shall give priority to the transport of such seeds.

　　Article 58 When issuing after examination relevant certificates or licenses in accordance with this Law， the administrative departments for agriculture and for forestry shall charge no other fees than the fees for the costs of the certificates or licenses issued by them.

　　Chapter Ⅹ

　　Legal Responsibility

　　Article 59 Anyone who， in violation of the provisions of this Law， produces or trades in false or inferior seeds shall be ordered by the administrative department fro agriculture or for forestry under the people's government at or above the county level or by the administrative department for industry and commerce， the seeds and the illegal gains therefrom shall be confiscated， the seed production or trading license or the business license shall be revoked， and a fine shall be imposed； if there are illegal gains， a fine not less than five times but not more than ten times the amount of the illegal gains shall be imposed； if there are no illegal gains， a fine not less than RMB2，000 Yuan but not more than 50， 000 Yuan shall be impose； if a crime is constituted， criminal responsibility shall be investigated in accordance with law.

　　Article 60 Anyone who， in violation of the provisions of this Law， commits one of the following acts shall be ordered by the administrative department for agriculture or for forestry under the people's government at or above the county level to put it right， the seeds and the illegal gains therefrom shall be confiscated， and a fine not less than the amount of the illegal gains but not more than three times amount shall be imposed； if there are no illegal gains， a fine not less than 1，000 Yuan but not more than 30， 000 Yuan shall be imposed； the seed production or trading license of the lawbreaker may be revoked； if a crime is constituted， criminal responsibility shall be investigated in accordance with law：

　　（1）producing seeds without a seed production license， forging altering， trading in or leasing seed production licenses， or producing seeds at variance with the provisions stated in the seed production license； or

　　（2）trading in seeds without a sees trading license， forging， altering， trading in or leasing seed trading licenses or trading in seeds at variance with the provisions stated in the seed trading license.

　　Article 61 Anyone who， in violation of the provisions of this Law， commits one of the following acts shall be ordered by the administrative department for agriculture or for forestry under the people's government at or above the county level to put it right， the seeds and the illegal gains therefrom shall be confiscated， and a fine not less than the amount of illegal gains but not more than three times that amount shall be imposed： if there no illegal gains， a fine not less than 1， 000 Yuan but not more than 20， 000 Yuan shall be

imposed； if a crime is constituted， criminal responsibility shall be investigated in accordance with law：

　　（1）selling at domestic markets the seeds or hybrid seeds produced for other countries；

　　（2）selling the yields from crop seeds， which are introduced from abroad for introduction experiment， as commodity seeds at domestic markets； or

　　（3）collecting or cutting， without authorization， the natural germ plasm resources under special protection of the State.

　　Article 62 Anyone who， in violation of the provisions of this Law， commits one of the following acts shall be ordered by the administrative department for agriculture or for forestry under the people's government at or above the county level or by the administrative department for industry and commerce to put it right and shall be fined not less than 1， 00 Yuan but not more than 10， 000 Yuan：

　　（1）trading in seeds that are not packed as they should be；

　　（2）trading in seeds with no labels attached or the contents of the label do not conform to the provisions of this Law；

　　（3）forging or altering labels of the date of experiments and examination；

　　（4）failing to prepare and preserve files regarding seed production and trading as required； or

　　（5）failing to report for the record when a seed trader establishes branch offices in other areas.

　　Article 63 Where， in violation of the provisions of this Law， germ plasm resources are provided or introduced from abroad， the administrative department for agriculture or for forestry under the State Council or under the people's government of a province， autonomous g autonomous region or municipality under the Central Government shall confiscate the germ plasm resources and the illegal gains therefrom， and impose a fine not less than 10，000 Yuan but not more than 50， 000 Yuan.

　　Where germ plasm resources are being brought or transported out of China without the approval documents of the administrative departments for agriculture or for forestry， the Customs shall seize the said resources and transfer them to the administrative department for agriculture or for forestry under the people's government of a province， autonomous region or municipality under the Central Government for disposition.

　　Article 64 Anyone who in violation of the provisions of this Law， trades in or popularizes the seeds that subject to verification but fail to pass the verification shall be ordered by the administrative department fro agriculture or for industry under the people's government at or above the county level to discontinue such trading or popularization， the seeds and illegal gains therefrom shall be confiscated， and a fine not less than 10， 000 Yuan but not more than 50， 000 Yuan shall also be imposed.

　　Article 65 Anyone who， in violation of the provisions of this Law， plunders unripe seeds， damages under trees or collects in inferior forest stunds or from inferior mother trees shall be ordered by the administrative department for forestry under the people's government at or above the county level to discontinue such acts， the seeds collected shall be confiscated， and a fine not less than the value of the collected seeds but not more than three times that value shall be imposed； if a crime is constituted， criminal responsibility shall be i

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