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

e 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 form 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 for 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 three from may be sold as commodity seeds.

　　Article 53 The import and export of false and inferior seeds and of the seeds the import and 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 enforcement 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 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 Where 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 certif

icates or licenses issued by them.

　　Chapter X

　　Legal Responsibilities

　　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 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, 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 R M B 2,000 yuan but not more than 50,000 yuan shall be imposed; 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 that 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 nay 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 seed 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 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 of 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,

　　(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 or the data 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 directly 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 directly 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 are subject to verification but fail to pass the verification shall be ordered by the administrative department for 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 mother 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 investigated 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 more 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 produces or sellers; and the seed quality inspection authority and the persons 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 70 Where, in violation of the provisions of this law, administrative departments for agriculture or for forestry issue production licenses or seed tr

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