(Adopted at the 16th Meeting of the Standing Committee of the Ninth National People’s Congress on July 8, 2000, promulgated
by Order No. 34 of the President of the People’s Republic of China on July 8, 2000, and amended in accordance with the Decision on
Amending the Seed Law of the People’s Republic of China, adopted at the 11th Meeting of the Standing Committee of the Tenth National
People’s Congress on August 28, 2004)
Contents
Chapter I General Provisions
Chapter II Protection of Germ Plasm Resources
Chapter III Selection and Verification of Varieties
Chapter IV Production of Seeds
Chapter V Trading in Seeds
Chapter VI Use of Seeds
Chapter VII Seed Quality
Chapter VIII Import and Export of Seeds and Cooperation with Foreign Countries
Chapter IX Administrative Management of Seeds
Chapter X Legal Responsibility
Chapter XI Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is enacted for the purpose of protecting and making rational use of germ plasm resources, standardizing
the variety selection and the production of, trading in and use of seeds, safeguarding the lawful rights and interests of variety
breeders and seed producers, traders in seeds and seed users, operators and users, improving the quality of seeds, pushing forward
the industrial management of seeds and promoting the development of crop cultivation and the forestry industry.
Article 2 This Law shall apply to the activities such as variety selection and production of, trading in, use and management
of seeds engaged in within the territory of the People’s Republic of China.
For purposes of this Law, seeds mean the materials for planting or propagating crops and forest trees, including grains, fruits,
roots, stems, seedlings, sprouts and leaves.
Article 3 The administrative departments for agriculture and for forestry under the State Council shall be respectively in
charge of the work related to crop seeds and forest tree seeds throughout the country. The administrative departments for agriculture
and for forestry under the local people’s governments at or above the county level shall be in charge of the work related to crop
seeds and forest tree seeds within their respective administrative regions.
Article 4 The State supports the efforts to protect germ plasm resources and to select, produce, replace and popularize improved
varieties, encourages the combination of variety selection with seed production and trading in seeds, and rewards the units and individuals
that achieve outstanding successes in the protection of germ plasm resources and in the selection and popularization of improved
varieties.
Article 5 People’s governments at or above the county level shall make plans for seed development in accordance with the guidelines
of developing agriculture with the help of science and education and in light of the need for the development of crop cultivation
and the forestry industry, and ensure implementation of the plans by taking measures in the fields of finance, loans and taxation
in accordance with the relevant regulations of the State.
Article 6 The State Council and the people’s governments of provinces, autonomous regions, and municipalities directly under
the Central Government shall establish special funds to support the selection and popularization of improved varieties. Specific
measures in this regard shall be formulated by the State Council.
Article 7 The State shall establish a system for storing seeds, mainly to meet the need of production in times of calamities
and to ensure the security of agricultural production. The seeds kept in reserve shall be regularly inspected and replaced with new
seeds. Specific measures for seed storage shall be formulated by the State Council.
Chapter II
Protection of Germ Plasm Resources
Article 8 The State protects germ plasm resources in accordance with law, and no units or individuals may seize or impair germ
plasm resources.
Collecting and cutting natural germ plasm resources that are under special protection of the State are prohibited. Where such collecting
or cutting is required for scientific research or other special purposes, the matter shall be subject to approval by the administrative
department for agriculture or for forestry under the State Council or under the people’s government of a province, autonomous region
or municipality directly under the Central Government.
Article 9 The State, in a planned way, collects, sorts out, verifies, registers, stores, exchanges and utilizes germ plasm
resources, and regularly issues the catalogue of available germ plasm resources. Specific measures in this respect shall be formulated
by the administrative departments for agriculture and for forestry under the State Council.
The administrative departments for agriculture and for forestry under the State Council shall establish a national bank of germ plasm
resources, and the administrative departments for agriculture and for forestry under the people’s governments of provinces, autonomous
regions or municipalities directly under the Central Government may, in light of their need, establish germ plasm resources banks
and protection zones or germ plasm resources reserves.
Article 10 The State has the sovereign right over germ plasm resources. Any units or individuals that wish to provide
germ plasm resources to people outside China shall apply to the administrative department for agriculture or for forestry under the
State Council for approval; Any introduction of germ plasm resources from abroad shall be handled in accordance with the relevant
regulations laid down by the administrative department for agriculture or for forestry under the State Council.
Chapter III
Selection and Verification of Varieties
Article 11 The administrative departments for agriculture, forestry, science and technology, education, etc. under the State
Council and the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall
make arrangements for relevant units to carry out research on the theory, technology and methods for variety selection.
The State encourages and supports units and individuals in their efforts to select and develop improved varieties.
Article 12 The State applies the system of protecting new plant varieties, whereby the plant varieties cultivated by artificial
means or developed from wild plants discovered, which possess the characteristics of novelty, uniqueness, conformity and stability,
shall be given the post_title of new plant varieties and the lawful rights and interests of the owners of such plant varieties shall be
protected. The specific measures therefor shall be applied in accordance with the relevant regulations of the State. Where the varieties
selected and bred are popularized, the breeders shall be given appropriate economic benefits in accordance with law.
Article 13 Where the earnings of units or individuals are reduced because the administrative departments for forestry establish
testing stands, experimental stands, fine tree collection areas or gene banks for selection of improved varieties of forest trees,
the administrative departments for forestry that give the approval shall make economic compensation to the units or individuals in
accordance with the relevant regulations of the State.
Article 14 The selection, experiment, verification and popularization of transgenic plant varieties shall be subject to security
assessment, and strict security control measures shall be taken. Specific measures in this respect shall be formulated by the State
Council.
Article 15 Main crop and forest tree varieties shall be subject to verification at the national or provincial level prior to
their popularization. Applicants may directly apply for verification at the provincial or national level. Main crop and forest tree
varieties determined 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 shall be subject to verification at the provincial level.
The measures for verifying main crop and forest tree varieties shall embody the principles of fairness, openness, scientificalness
and efficiency and shall be formulated by the administrative departments for agriculture and for forestry under the State Council.
The administrative departments for agriculture and for forestry under the State Council and those under the people’s governments
of provinces, autonomous regions, and municipalities directly under the Central Government shall respectively set up crop and forest
tree varieties verification committees composed of professionals, which shall be in charge of the verification of main crop and forest
tree varieties.
With respect to regions with a diversified ecology, the administrative departments for agriculture and for forestry under the people’s
governments of provinces, autonomous regions, and municipalities directly under the Central Government may entrust cities divided
into districts and autonomous prefectures with the verification of the main crop and forest tree varieties, which are suitable for
popularization in regions 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 be 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 submitted to the forest tree varieties
verification committee 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 no regular domiciles or business
places in China apply for verification of their varieties in China, they shall ask Chinese institutes 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 post_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 trader
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 agriculture 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 or 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 to 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 shall 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 license 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 Without the approval of the administrative department for forestry 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 county.
Chapter VI
Use of Seeds
Article 39 Seed users shall have the 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 support 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 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 be used as such;
(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 to 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 The 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 from 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 therefrom 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 No administrative departments for agriculture or for forestry or their staff members may take part in or engage
in seed production or trading; no seed production or trading businesses may take part in or engage in administrative management of
seeds. The administrative department for seeds and the seed production and trading businesses shall be separated from each other
in respect of personnel and finance.
Article 57 The administrative departments for agriculture and for forestry unde
