Ministry of Agriculture Order of the Ministry of Agriculture No. 56 The Administrative Measures for Grass Seeds, which were adopted at the 2nd executive meeting of the Ministry of Agriculture on January Minister Du Qinglin January 12, 2006 The Administrative Measures for Grass Seeds Chapter I General Provisions Article1 The present Measures are formulated according to the Seed Law of the People’s Republic of China and the Pasture Law of the People’s Article2 Such activities as selection and cultivation of grass varieties as well as production, business operation, use and management of grass Article3 The term “grass seeds” as mentioned in the present Measures refers to such materials of planting or propagation as grains, fruits, Article4 The Ministry of Agriculture shall take charge of the administration of grass seeds throughout the country. The administrative departments of pasture of local people’s governments at or above the county level shall take charge of the administration Article5 The administrative department of pasture and its functionary shall not participate in or engage in any production or business operation Article6 The administrative department of pasture of the local people’s government at or above the county level shall intensify the protection Chapter II Protection of Grass Germplasm Resources Article7 The state protects grass germplasm resources and no entity or individual may injure or damage any resource. Article8 The Ministry of Agriculture may formulate a roster of key grass germplasm resources under state protection according to relevant requirements. Article9 The Ministry of Agriculture may organize relevant entities to collect, straighten out, authenticate, register, preserve, exchange Article10 The Ministry of Agriculture and the administrative departments of pasture of the provincial people’s governments may, according to Article11 It’s prohibited to collect or excavate any key natural grass germplasm resource under state protection. In the case of any special Article12 Any grass germplasm resource as imported from a foreign country shall be subject to relevant inspection and quarantine according to As to any grass seed that has been introduced for the first time, an isolated trial planting shall be carried out and a risk appraisal Article13 The state has sovereignty over grass germplasm resources. Where any entity or individual provides any grass germplasm resource to Chapter III Selection and Cultivation as well as Examination and Approval of Grass Varieties Article14 The state encourages an entity or individual to engage in the selection and cultivation of grass varieties, encourage an entity of Article15 The state adopts an examination and approval system for new grass varieties. Where any new grass variety fails to pass relevant examination Article16 A National Committee for Grass Examination (hereinafter referred to as the NCGE) as established by the Ministry of Agriculture shall The NCGE shall be composed of specialized personnel that hold senior professional and technical post_titles or assume any post of section The director, associate directors and commissioners of the NCGE shall be appointed by the Ministry of Agriculture. Article17 As to any new grass variety that has passed the examination and approval, the NCGE shall issue a certificate thereto and the Ministry An announcement on examination and approval shall include variety names, selector and producer and adaptive areas. As to any new grass variety that fails to pass the examination and approval, the NCGE shall inform the applicant in written form and Article18 Where any foreign citizen, enterprise or other organization that has no habitual residence or business place in China applies for Chapter IV Production of Grass Seeds Article19 A licensing system shall be adopted for the production of major grass seed products. A License for Production of Grass Seeds shall be subject to the verification and issuance of the administrative department of pasture Article20 An entity or individual that applies for collecting a Production License for Grass Seeds shall meet the following requirements: (1) Having the conditions of isolation and breeding for propagation of grass seeds; (2) Having a production site of grass seeds where there is no quarantine subject as prescribed by the state; (3) Having the relevant capital as well as facilities for production and inspection compatible with the production of grass seeds; (4) Having relevant specialized production and inspection technicians; and (5) Meeting any other requirements as prescribed by any law or regulation. Article21 Any person or entity that applies for collecting a Production License for Grass Seeds shall submit the following materials: (1) An application form for the Production License for Grass Seeds; (2) The certification on the qualification of specialized production and inspection technicians; (3) The certification materials on its registered capital; (4) A checklist and photos of inspection facilities and instruments and equipment as well as the certification on the property right or (5) An introduction to the grass seed yard or a photo of grass drying equipment as well as the certification on the property right or (6) A photo of the grass warehousing facilities as well as the certification on the property right or legal use right thereof; (7) The inspection and quarantine certification on the production site of grass seeds as well as an introduction thereto; (8) A quality guaranty system of grass seed production; and (9) An introduction to variety properties. Where any variety is an authorized one, a written certification or variety transfer contract as approved by the owner of the variety Article22 The organ in charge of examination and approval shall conclude an examination and make a decision on whether or not to issue a Production Where necessary, the organ in charge of examination and approval may carry out an on-the-spot inspection regarding production site, Article23 The format of the Production License for Grass Seeds shall be uniformly formulated by the Ministry of Agriculture. The valid term of a Production License for Grass Seeds is 3 years. Where any production needs to be extended upon expiration of the Within the valid term of a Production License for Grass Seeds, where any item as indicated on the License is altered, the relevant Article24 No entity or individual may, without a Production License for Grass Seeds, engage in any production of major grass seed products. It’s prohibited to forge, alter, purchase or sell, or rent or borrow any Production License for Grass Seeds. Article25 An entity or individual that engages in the production of grass seeds shall carry out the grass seed production according to the Technical Chapter V Business Operation of Grass Seeds Article26 A licensing system shall be adopted for the business operation of grass seeds. An entity or individual that engages in grass seed A business operation license for crossbreed seeds, parent seeds or original seeds of original strains of major grass seeds shall be As to any person or entity that engages in the import of grass seeds, a License for the Business Operation of Grass Seeds shall be Any other business operation licenses for grass seeds shall be subject to the verification of and be issued by the administrative Article27 Any entity or individual that applies for collecting a License for the Business Operation of Grass Seeds shall meet the following (1) Having sufficient capital compatible with the variety and quantity of grass seeds under business operation as well as the capability (2) Having relevant personnel who are capable of identifying the varieties of and examining the quality of grass seeds under business (3) Having a business place as well as warehousing facilities compatible with the varieties and quantity of grass seeds under business (4) Meeting any other requirement as prescribed by any law or regulation. Article28 An entity or individual that applies for collecting a License for the Business Operation of Grass Seeds shall submit the following (1) An application form for a License for the Business Operation of Grass Seeds; (2) A photocopy of its business place as well as the certification on property right or legal use right thereof; and (3) A checklist and photo of warehousing facilities of grass seeds as well as the certification on property right or legal use right thereof. Article29 The organ in charge of examination and approval shall conclude an examination and make a decision on whether or not to approve and Where necessary, the organ in charge of examination and approval may carry out an on-the-spot inspection on the relevant business Article30 The format for a License for the Business Operation of Grass Seeds shall be uniformly prescribed by the Ministry of Agriculture. The valid term of a License for the Business Operation of Grass Seeds is 3 years. Where any business needs to be extended upon expiration Within the valid term of a License for the Business Operation of Grass Seeds, where any item as indicated on the License is altered, Article31 No entity or individual may, without a License for the Business Operation of Grass Seeds, engage in the business operation of grass It’s prohibited to forge, alter, purchase or sell, or rent or borrow any License for the Business Operation of Grass Seeds. Article32 A business operator of grass shall be responsible for the quality of grass seeds under business operation and shall, according to Article33 The grass seeds at sale shall be packaged. If they are packed into small packages, the package undertaking entity, the name of the Article34 A label shall be attached to any grass seed at sale, which shall indicate the category of the grass seed, variety name, seed batch The contents as indicated on a label shall comply with the real state of the grass seed at sale. A label in Chinese shall be attached to any imported grass seed at sale. Article35 A business operator of grass seeds shall establish an operating archive of grass seeds, which shall indicate such contents as brief An operating archive shall be preserved for 2 years after the sale of grass seeds. Article36 The administrative department of pasture at or above the county level shall intensify the supervision and administration of grass Chapter VI Quality of Grass Seeds Article37 The Ministry of Agriculture shall take charge of formulating a national supervisory sampling planning for grass seed quality as well The expenses for supervisory sampling shall be incorporated into the budget of the administrative department of pasture and shall As to any enterprise that has gone through a supervisory sampling as conducted by the administrative department of pasture, the administrative Article38 The administrative department of pasture may entrust an inspection institution of grass seeds to carry out a quality inspection on Any institution that engages in quality inspection of grass seeds shall have relevant testing conditions and capabilities and shall Article39 A inspector of grass seeds in an inspection institution of grass seed quality shall meet the following requirements: (1) Having relevant academic background at or above the junior college level or professional post_title at or above the intermediate level; (2) Engaging in the technological work relating to the inspection of grass seeds for no fewer than 3 years; and (3) Having passed an examination as conducted by the administrative department of pasture of the people’s government at or above the provincial Article40 A quality inspection shall be carried out according to the State Rules on Forage Seed Testing for the grass seeds subject to supervisory Article41 Such contents as the name of relevant grass seed, sampling date, quantity of relevant grass seed under testing, seed batch number A Testing Report on Grass Seed Quality shall be filled in by a seed inspector who conducts testing upon the strength of qualification Article42 Where any person subject to sampling has any different opinion over any inspection result, he shall, within 15 days as of receiving The administrative department of pasture that has received an application for re-examination shall carry out the relevant examination Article43 It is prohibited to produce or operate any fake or bad grass seed: Under any of the following circumstances, a grass seed falls within the category of fake grass seeds: (1) Imitating grass seed by any non-grass-seed or imitating grass seeds of other variety by grass seeds of this variety; or (2) The category, variety or production place of any grass seed not complying with the contents as indicated on the label. Under any of the following circumstances, a grass seed falls within the category of bad grass seeds: (1) The quality failing to meet the standards for use of seeds as prescribed by the state; (2) The quality failing to meet the indicators as labeled; (3) Failing to be used due to deterioration; (4) The ratio of wild weed seeds going beyond the relevant provision; or (5) Carrying any quarantine subject as prescribed by the state. Article44 Any grass seed under production and business operation shall be subject to inspection and quarantine according to the provisions of No entity or individual may carry out any inoculation research on plant/insect diseases in any production base of grass seeds. Chapter VII Administration of Import and Export of Grass Seeds Article45 An entity that engages in the import or export of grass seeds shall, in addition to having obtained a License for the Business Operation Article46 An examination and approval system shall be adopted for the import and export of grass seeds. Any entity or individual that applies for the import or export of grass seeds shall fill in an Examination and Approval Form for Import The valid term for an examination and approval document of grass seeds shall be 3 months. Article47 The grass seeds to be imported or exported shall meet the following requirements: (1) The quality of grass seeds shall meet the state standards; (2) The relevant certification on the name, quantity and place of origin of relevant grass seed is authentic and complete; and (3) It is not any of the grass seeds as prohibited by the state from import or export. Any entity or individual that applies for importing or exporting any grass seed shall submit the following materials: (1) A License for the Business Operation of Grass Seeds, a duplicate of the business license as well as the trade qualification certification (2) The certification materials on the name, quantity and place of origin of the relevant grass seed; and (3) The international examination and approval certificate of the imported grass variety or a roster of registered varieties; Article48 Where any grass seed is imported for producing seeds for a foreign country, it may not be restricted by Article45 of the present Measures. Chapter VIII Supplementary Provisions Article49 Any entity or individual that violates any provision of the present Measures shall be punished according to the relevant provisions Article50 The administration of selection, cultivation, testing, popularization, production, processing, business operation and import and export Article51 As to the collection, excavation or provision-to-the-overseas or introduction-from-the overseas of any grass germplasm resource that Article52 The term “major grass seeds” as mentioned in the present Measures refers to the following: clover, erect milkvetch, caragana, sainfoin, The term “grass seeds” as mentioned in the present Measures shall not include any field crop such as corn and forage sorghum. Article53 The present Measures shall come into force as of March 1, 2006. The Interim Measures for the Administration of Forage Seeds (for Trial |
Ministry of Agriculture
2006-01-12