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

ll 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 licen

se 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 All the seeds produced by the forest tree seed production bases established by the administrative department for forestry under the State Council or by such departments under the people's governments of provinces, autonomous regions or municipalities directly under the Central Government shall be purchased and regulated for use in a planned and unified manner by the units designated by the said department or departments. No units that are not designated by the said department or departments may arrange for such purchases within the bases.

　　Without the approval of the administrative department for forestry under the State Council or of such departments 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.

　　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 is needed.

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

　　Article 36 Seed traders shall keep seed 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 for 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 contents 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 country.

　　Chapter VI

　　Use of Seeds

　　Article 39 Seed users shall have 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 suppor

t 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 rests 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, or 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 the people's government at or above the provincial level.

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

　　(1)having graduated ed 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 at 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 is 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 the specified level; and

　　(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 used; 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 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 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 formulate measures for examination and approval of the import and export of such seeds and administrative measures for the introduction of transgenic plant varieties.

　　Article 51 Th

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