What are the main features of the Seed Law revision?
Main contents of the Seed Law revision
Chapters: the new law has 10 chapters in total, 1 fewer than the original law. The revised law merges the original law's seed production, seed operation and seed use into seed production and operation, and merges the original seed quality and seed administration into seed supervision and management, and adds two new chapters on new variety protection and support policies.
Articles: the new law has 94 articles in total, with 27 added, 11 deleted, 72 amended, and only 6 retained.
Words: increased to 13,516 characters, with a revision rate of 56%.
Concept of the new law: streamline administration and delegate power, combine delegation with management
Three delegations:
Delegate variety access channels. Reduce the number of crops subject to approval, open green channels, implement a filing system for introduction of varieties, and implement a registration system for non-major crop varieties.
Delegate market access requirements. Cancel the capital and "license before registration" requirements when applying for production and operation licenses, and cancel the seed inspector examination.
Delegate administrative approval power. Delegate approval power for licenses, law enforcement power for infringement, and market supervision power.
Three managements:
Manage entities. Legal responsibility is clearly defined for entities ranging from enterprises to management entities, breeders, and entrusted seed producers and operators.
Manage labels. The content required on labels has been expanded, and the management concept of label truthfulness has been introduced.
Manage safety. Establish a national security review mechanism for the seed industry, strictly manage germplasm resources, and retain the approval system for staple grain varieties.
New rights for enterprises
Can obtain more germplasm resources.
Encourage seed enterprises to cultivate superior varieties with independent intellectual property rights.
The green channel is wider, expanding from two hybrid crops to 5 major crops, and from the national level to two levels. At the same time, for those meeting the approval standards, the variety approval committee shall issue an approval certificate.
Introduction of varieties within the same ecological zone is simplified and subject to filing.
Registration of non-major crops.
Cancel the capital and "license before registration" requirements for seed production and operation licenses.
The two certificates are combined into one, reducing license applications; changes to matters concerning produced seeds only require filing.
New responsibilities for enterprises
Those cooperating with overseas institutions and individuals in research on and utilization of germplasm resources shall submit a plan for national benefit-sharing, which shall be reviewed at the provincial level and approved by the Ministry of Agriculture.
Seed enterprises entering the green channel are responsible for the truthfulness of their own trial data and accept supervision.
Entrusted production and commissioned sale of seeds require filing.
Be responsible for label truthfulness, mark information codes, and provide risk warnings.
Compensation shall be made for losses caused by untrue content marked on seed labels and usage instructions.
Cannot refuse or obstruct supervision by competent departments.
The cost of violating the law is greatly increased.