中华人民共和国种子法 Seed Law of the Peoples Republic of China

with special ecology.

　　Article 16 The main crop varieties and improved varieties of forest trees verified at the national level shall be announced by the administrative departments for agriculture and for forestry under the State Council, and they may be popularized in regions with suitable ecology throughout the country. The main crop varieties and improved varieties of forest trees verified at the provincial level shall b announced by the administrative departments for agriculture and for forestry under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and they may be popularized in regions with suitable ecology in their own administrative areas; with respect to regions of neighboring provinces, autonomous regions or municipalities directly under the Central Government that have the same suitable ecology, the said varieties may be introduced upon the approval of the administrative departments for agriculture and for forestry under the said people's governments concerned.

　　Article 17 No crop varieties that are subject to verification but fail to pass the verification may be announced, traded in or popularized.

　　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 subject to examination by the administrative department for forestry under the people's government at or above the provincial level and be submitted to the forest tree varieties verification committee at the same level for confirmation.

　　Article 18 Where applicants have objections to the decision that their crop or forest tree varieties fail to pass the verification, they may apply for review to the original verification committee or to the committee at the next higher level.

　　Article 19 Where foreigners, foreign enterprises or other foreign organizations that have to regular domiciles or business places in China apply for verification of their varieties in China, they shall ask Chinese inst

itutes for scientific research in seeds or for production of or trading in seeds with the status of legal person to serve as their agents.

　　Chapter IV

　　Production of Seeds

　　Article 20 A license system for the production of commodity seeds of main crops and forest trees shall be applied.

　　The licenses for producing hybrid seeds and parent seeds of the main crops, original seeds of conventional varieties and seeds of improved varieties of main forest trees shall be subject to approval after examination by the administrative department for agriculture or for forestry under the people's government at the county level where such seeds are produced, and shall be issued after examination by the administrative department of agriculture or for forestry under the people's government of a province, autonomous region or municipality directly under the Central Government. The licenses for producing other seeds shall be issued after examination by the administrative department for agriculture for forestry under the local people's government at or above the county level where the seeds are produced.

　　Article 21 Units or individuals that apply for seed production licenses shall meet the following requirements:

　　(1) having the isolating and breeding facilities for propagating seeds;

　　(2) having seed production sites free of epidemic diseases and insect pests or nurse-crop stands designated as such by the administrative department for forestry under the people's government at or above the county level;

　　(3) having funds and facilities for production and inspection commensurate with seed production;

　　(4) having the necessary professionals specialized in seed production and inspection; and

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

　　Anyone who applies for a license for producing seeds of a plant that has the title of a new plant variety shall be subject to written consent by the owner of such variety.

　　Article 22 In a seed production license the varieties of the seeds, the sites for producing such seeds, the effective period and other matters shall be stated clearly.

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

　　Article 23 Commodity seeds shall be produced in compliance with technical regulations on seed production and the rules on seed inspection and quarantine.

　　Article 24 Collection of seeds within forest seed production bases shall be arranged by the operators of the seed production bases, and the seeds shall be collected in conformity with the relevant standards of the State.

　　Plundering of unripe seeds and doing damage to mother trees are prohibited, and no seeds may be collected in inferior forest stands or from inferior mother trees.

　　Article 25 Producers of commodity seeds shall keep files of seed production, in which shall be clearly recorded the production sites, environments of the plots, preceding crops, source and quality of parent seeds, responsible technicians, inspections conducted in the fields, meteorological notes of the origins, distribution of seeds, etc.

　　Chapter V

　　Trading in Seeds

　　Article 26 A license system for trading in seeds shall be applied. Only after a seed trading license in obtained may a trade in seeds apply to the administrative department for industry and commerce for a business license or for altering a business license on the strength of the seed trading license.

　　A system for examination and approval and issue of seed trading licenses at different levels shall be practised. A seed trading license shall be issued after examination by the administrative department for agricu

lture or for forestry under the people's government at or above the county level where the seed trader is located. The application for a seed trading license for hybrid seeds and parent seeds of main crops, original seeds of conventional varieties or improved varieties of main forest trees shall be subject to examination by the administrative department for agriculture or for forestry under the people's government at the county level where the seed trader is located, and the license shall be issued after examination by the administrative department for agriculture or for forestry under the people's government of a province, autonomous region or municipality directly under the Central Government. The application for a seed trading license submitted by a seed company which combines the selection breeding, and production of seeds and trading in seeds and the registered capital of which reaches the amount specified by the administrative department for agriculture or for forestry under the State Council or submitted by a company that is engaged in import and export of seeds shall be examined by the administrative department for agriculture of for forestry under the people's government of a province, autonomous region or municipality directly under the Central Government and the license shall be issued after examination by the administrative department for agriculture or for forestry under the State Council.

　　Article 27 The remainder of conventional seeds propagated by peasants themselves for their own use may be sold and exchanged at rural fairs without seed trading licenses, and measures in this respect shall be formulated by the people's governments of provinces, autonomous regions or municipalities directly under the Central Government.

　　Article 28 The State encourages and supports scientific research institutes, schools, and scientists and technologists in their efforts to research in and develop new crop varieties and improved forest tree varieties, and to trade in them and spread their use in accordance with law.

　　Article 29 Units or individuals that apply for seed trading licenses shall meet the following requirements:

　　(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 keeping them in 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 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 sha

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