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

2009-03-24 法律英语 来源:互联网 作者:
nvestigated in accordance with law.

  Article 66 Where tree seeds are purchased in violation of the provisions of Article 33 of this Law, the competent administrative department for forestry under the people's government at or above the county level shall confiscate the seeds purchased, and impose a fine not more than two times the purchase price of the tree seeds.

  Article 67 Anyone who, in violation of the provisions of this Law, conducts vaccinal experiment against diseases and insect pests at seed production bases shall be ordered to discontinue such experiment and shall be fined not mor

e than 50, 000 Yuan.

  Article 68 Where a seed quality inspection authority issues false inspection certificates, it shall bear joint and several liability with the seed producers or sellers; and the seed quality inspection authority and the person who are responsible shall be investigated for administrative liability in accordance with law; if a crime is constituted, criminal responsibility shall be investigated in accordance with law.

  Article 69 Anyone who compels seed users to purchase and use the seeds against their own free will and thus causes losses to the seed users shall bear the liability to pay compensation.

  Article 70Where, in violation of the provisions of this Law, administrative departments for agriculture or for forestry issue production licenses or seed trading licenses to seed producers or traders that do not meet the requirements, the person who are directly in charge and the other person who are directly responsible shall be given administrative sanctions in accordance with law; if a crime is constituted, criminal responsibility shall be investigated in accordance with law.

  Article 71Administrative officials for the management of seeds who engage in malpractices for personal, abuse their power or neglect their duty, or in violation of the provisions of this Law, engage in seed production or trading shall be given administrative sanctions in accordance with law; if a crime is constituted, criminal responsibility shall be investigated in accordance with law.

  Article 72 Where a party believes that the specific administrative acts conducted by a relevant administrative organ infringes upon his lawful rights and interests, he may apply for administrative reconsideration according to law or may directly bring a suit to the peoples' Court in accordance with law.

  Article 73 After the administrative department for agriculture or for forestry revokes the seed trading license of a lawbreaker in accordance with law, it shall notify the administrative department for industry and commerce to cancel or alter his business licenses in accordance with law.

  Chapter Ⅺ

  Supplementary Provisions

  Article 74 The following terms used in this Law mean:

  (1)Germ plasm resources refer to the basic materials for breeding new varieties, including the propagating materials for the cultigens and wild species of various plants as well as the hereditary materials of the various plants artificially created with the above-mentioned propagating materials.

  (2)Varieties mean the flora artificially bred or discovered and improved, and their morphological characteristics are in conformity with their biological characteristics and their hereditary properties are relatively stable.

  (3)The main crops refer to rice, wheat, maize, cotton, soybean and one or two other crops determined respectively by the administrative department for agriculture under the State Council or under the people's government of a province, autonomous region or municipality directly under the Central Government.

  (4)the improved varieties of forest trees refer to the verified tree seeds which, in a given area, are obviously better than those of the propagating and planting materials mainly planted at the time in terms of output, adaptability and resistance.

  (5)Labels mean the specific patterns and written directions fixed to the surface of seed packages and inside or outside such packages.

  Article 75 The main forest trees mentioned in this Law are determine and announced by the administrative department for forestry under the State Council; the administrative department for forestry under the people's government of a province, autonomous regions or municipality directly under the Central Government may determine no more than eight other varieties in addition on the ones determined by the said department under the State Council.

>  Article 76 The germ plasm resources of weed seeds and edible fungi shall be controlled and the weed seeds an edible fungi shall be bred, produced, traded in, used and managed by applying this Law mutatis mutandis.

  Article 77 Where the provisions of the international treaties on seeds concluded or acceded to by the Peoples' Republic of China are different from those of this Law, the provisions of the international treaties shall prevail, except where the people's Republic of China has declared reservation.

  Article 78 This Law shall go into effect as of December 1, 2000. The “Seed Control Regulations of the People's Republic of China” promulgated by the State Council on March 13, 1989 shall be abolished at the same time

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