Measures of Tianjin Municipality for Implementing the Seed Law of the People’s Republic of China

(Adopted at the 34th Session of the Standing Committee of the 14th Tianjin Municipal People’s Congress on 18 December 2006)

Article 1 These Measures are enacted in the light of the actual conditions of this Municipality for implementing the Seed Law of the People’s Republic of China (abbreviated hereinafter as the Seed Law).

Article 2 These Measures apply to activities involving variety selection and breeding, and production, sale, use and management of seeds in areas under the jurisdiction of this Municipality.

The term ‘seed’ mentioned in these Measures refers to planting or breeding material in agriculture and forestry, including grains, fruits, roots, stems, shoots, sprouts and leaves.

Article 3 The Municipal, district, and county administrative departments for agriculture and forestry are in charge of work concerning agricultural and forest seeds in their respective administrative areas and their affiliated seed management agencies are in charge of concrete supervision and management work.

In the district and county where there is no administrative department for agriculture and forestry the Municipal competent departments for agriculture or forestry shall be in charge of the work of seed supervision and management

The pertinent administrative departments of the Municipality, district and county shall do a good job relating to seeds within their respective powers and duties.

Article 4 Municipal, district and county people’s governments shall take measures to encourage seed related scientific research and technological development, promote the seed industry and guarantee the budget required for selection and popularization of best strains, and seed management.

Article 5 This Municipality installs a system of seed storage. Municipal, district and county people’s governments shall organize storage of certain amount of seeds mainly to be used in case of natural disasters. The budget for seed storage shall be guaranteed by the government of the same level.

The Municipal, district and county agricultural and forest administrative departments are in charge of management of seed storage.

Article 6 The Municipal agricultural and forest administrative department shall set up a bank of crops and forest germ plasm resources, and demarcate a protection area for the following germ plasm resources and mark their concentrated locations, install protective facilities and signs so as to strengthen management:

(1) Best strain ears nurseries, seed parks, parental trees, Municipal-level seed selection bases;

(2) Best trees, best forest stands and best seed sources;

(3) Germ plasm resources of treasured and endangered flora species; and

(4) Other germ plasm resources with special values as determined by the Municipal agricultural and forest administrative department.

Article 7 This Municipality encourages units and individuals to breed and develop new strains, and protect the legitimate rights and interests of the owner of the new strains according to the law. No unit or individual shall, without the authorization of the owner of the property rights of the strain, produce and sell the reproductive materials of this strain for commercial purposes.

The seed management agency shall install a new plant strain exhibition demonstratioin base with a view to popularizing the application of new strains.

Article 8 Major crop varieties and tree strains shall pass State- and Municipal-level examination before they are popularized. The major crop varieties and tree strains shall be issued the certificate by the Municipal crop varieties and tree strains examination committee and announced in a public notice by the Municipal agricultural and forest administrative department.

Where it is absolutely necessary to use tree strains that should pass, but have not passed examination, they shall be ascertained by the tree strains examination committee. The committee shall make clear the period of use and areas suitable to plant the tree strains that have passed the examination.

Article 9 Major crop varieties and best tree strains may be popularized in a suitable planting areas as determined in the variety examination announcement. Where the strains are popularized outside the designated planting areas, they are regarded as strains that should, but have not yet passed examination.

Article 10 The introduction of major crop varieties and best tree strains that have passed examination by other provinces, autonomous regions and municipalities directly under the Central Government under the same ecological conditions, the department concerned shall submit applications to the administrative departments for agriculture and forestry along with the following materials:

(1) Application for strain introduction;

(2) Photocopies of the pass certificates for major crop varieties and best tree strains issued by the strain-originated provinces, autonomous regions and municipalities directly under the Central Government and the authorization certificate of the strain owner;

(3) The authorization certificate in case of an authorized strain;

(4) Submission of the certificate for the security of the transgenic organisms in case of transgenic strains; and

(5) Other materials required by the Municipal administrative departments for agriculture and forestry.

The Municipal administrative departments for agriculture and forestry shall, upon receiving the application materials, make a decision on the introduction of the strains that meet the requirements. Where it is necessary to conduct experiment for the introduction, it shall do so and make a decision on introduction or no introduction based on the results of the experiments. In case of introduction, it shall issue a certificate of approval and make a public announcement of the decision.

Major crop varieties and best tree strains shall be popularized in suitable planting areas as designated by the public announcement. Strains that have not been approved for introduction by the Municipal administrative department of agriculture and forestry shall not be popularized in this Municipality.

Article 11 Where strains that have passed examination and obtained approval for introduction are discovered in the process of use to have obvious defects or grave deterioration, the administrative departments for agriculture and forestry shall, based upon examination and ascertainment by the Municipal examination committee of crop varieties and tree strains, make a public announcement to the effect that the said strains shall discontinue to be on sale or popularized in this Municipality.

Article 12 The crop varieties and tree strains on sale or being popularized shall each variety have the same name.

The approved identical name as designated in the public announcement shall be used in selling or popularizing the major crop varieties and best tree strains.

Article 13 The non-major crop varieties and non-best tree strains to be popularized in this Municipality shall undergo experiments, demonstration and shall register with the administrative departments for agriculture and forestry respectively.

The registered items include the name, origin, characteristics and planting techniques of the strains.

The types of non-major crop varieties and non-best tree strains that need registration shall be determined by the administrative departments for agriculture and forestry and made public.

Article 14 Seed dealers with the business certificate may commission other units or individuals to sell seeds in areas designated by the certificate and issue an authorization letter. The commissioner shall be held responsible for the quality of the seeds. The commissioned party shall display the authorization letter at a conspicuous place at the venue of business and he must not commission in turn other units or individuals to sell the seeds.

Article 15 Seed dealers that specialize in selling undivided pre-packaged seeds or those authorized to sell seeds through a written proxy by seed dealers with the permit for seed business need not apply for the permit for seed business. But they shall, within 15 days after obtaining or altering the business licence, file their case for the record at the local administrative agency for seeds.

Article 16 Farmers may sell, exchange the remainder of the seeds they breed or reserve for their own use at the farmers fair and need not apply for a certificate for seed business. But the amount of seeds for sale or for exchange must not exceed that for their own use. Where the buyer asks for the sale voucher, the seed seller shall make a sale voucher and show his valid ID documents.

Article 17 The best forest strains shall be used in the forestation project invested or mainly invested by the government or in the forestation programme by a state-owned forestry unit as required by a plan made by the administrative department for forestry. The best tree strains used shall pass examinations by the seed quality examination agency with corresponding qualifications and shall be purchased through bidding.

Article 18 The seed administrative agency shall conduct examination of seed quality on a regular basis and the result of which shall be announced publicly by the administrative departments for agriculture and forestry respectively.

The seed administrative agency may commission a seed quality examination agency with corresponding qualifications to conduct examination on seed quality.

The seed administrative agency shall not levy a fee on the examinee in the process of random examination of seed quality. The expenditure shall be financed by the government of the same level. The samplings for inspection and examination shall be provided for free by the examinee. The number of samplings shall not exceed the reasonable need.

Article 19 Where a seed user considers the seeds below the quality standard, he may apply to the seed quality examination agency for examination, which shall conduct examination on the seed in accordance with pertinent State regulations and produce a truthful report on the examination. The expenditure shall be borne by the applicant.

Article 20 Where a seed user suffers losses due to the substandard seeds, the seed seller shall compensate for the losses. The compensation includes the seed price money, related expenses and loss from the expecting harvest. Where the responsibility lies with the seed producer or other dealers, the dealer is entitled to ask in turn for compensation from the producer or the other dealers later.

The seed user that suffers losses due to the substandard seeds bought at a seed market or at a seed trade fair may ask the seed seller for compensation when the market or fair is in session, and may ask the sponsor of the market or fair for compensation after the market or fair comes to a close. The sponsors of the market or fair are entitled to ask in turn the seed dealers for compensation after they have compensated the seed user first.

Article 21 The seed administrative agency may conduct on-the-spot check on the seed production, storage, transportation, processing and sales venues and may read and photocopy pertinent contracts, vouchers, account books and other materials while investigating and handling irregularities regarding seeds. In the process of inspection functionaries shall keep confidential the commercial secrets where it is necessary.

Seed production and sales units and individuals must not refuse, obstruct and interfere with law enforcement functionaries from performing their supervision and inspection according to the law.

Article 22 The administrative departments for agriculture and forestry and their functionaries may not engage in the seed production and dealings.

Article 23 Where anyone, in violation of the stipulation of these Measures, damages the protective equipment and signs in the germ plasm resources and their concentrated areas, the department concerned shall order him to restore the status quo and penalize him with a fine of less than 5,000 yuan. Where he refuses to do so, the Municipal or district or county seed management agency shall do the restoration on his behalf and the expenses thus incurred shall be borne be the law violator.

Article 24 Where anyone violates the stipulation of these Measures and commits any of the following acts, the department concerned shall order him to stop irregularities, confiscate the seeds involved and the illegally gotten gains and penalize him with a fine of not less than 10,000 yuan but not more than 50,000 yuan:

(1) Dealing in or popularizing major crop varieties or best tree strains that should pass examination but have not yet done so or those that failed the examination;

(2) Using tree strains in production that should be accredited but have not yet accredited;

(3) Introducing major crop varieties or best tree strains without prior consent; and

(4) Dealing in, popularizing strains that have been determined by the Municipal examination committee for crop varieties and best tree strains to be discontinued from dealings or popularizing in this Municipality.

Article 25 Where anyone violates the stipulation of these Measures and, in the process of dealing in and popularization of the same crop varieties or tree strains, fails to use the same name, or fails to use the strain name determined in the public announcement for the major crop varieties and tree strains that have passed the examination, the pertinent department shall order him to make corrections and penalize him with a penalty of not less than 1,000 yuan but not more than 10,000 yuan.

Article 26 Where anyone violates the stipulation of these Measures and popularizes, without registration, the non-major crop varieties and non-best tree strains announced by the Municipal administrative departments for agriculture and forestry, the department concerned shall order him to make corrections and penalize him with a fine of not less than 5,000 yuan.

Article 27 Where anyone violates the stipulation of these Measures and specializes in dealing in undivided pre-packaged seeds or authorizes others to sell seeds without filing the case for the record, the department concerned shall order him to make corrections and penalize him with a fine of not less than 1,000 yuan but not more than 10,000 yuan.

Article 28 Where anyone does not use best tree strains according to the plan mapped by the administrative department for forestry in the forestation projects invested or mainly invested by the government or in the forestation programme by the state-owned forestry unit, the department concerned shall order him to make corrections and penalize the person held responsible with a fine of not less than 5,000 yuan but not more than 30，000 yuan.

Article 29 The functionaries of the administrative departments for agriculture and forestry and the affiliated seed management agencies that resort to malpractices for personal gains, abuse powers, neglect duties or engage in seed production or business in violation of these Measures shall be given administrative sanctions. Where the offence is serious enough to constitute a crime the person concerned shall be investigated for criminal responsibilities according to the law.

Article 30 Where it is otherwise stated in the Seed Law or other laws and regulations as regards punishment stipulations, these shall prevail in dealing with violations of these Measures.

The administrative sanction stipulated in the Seed Law to be executed by the administrative departments for agriculture and forestry and those stipulated in these Measures shall be executed respectively by the seed management agencies affiliated to the Municipal, district and county administrative departments for agriculture and forestry.

Article 31 These Measures shall go into effect as from 1 March 2007. The Regulations of Tianjin Municipality on Management of Crop Seeds adopted at the 37th Session of the Standing Committee of the 13th Tianjn Municipal People’s Congress on 19 December 2002 shall be abrogated simultaneously.