Seed companies that commit fraud will face severe punishment and compensation claims, with traceability systems to keep watch
On the 20th, the Standing Committee of the National People's Congress deliberated on the draft National Security Law, the draft Seed Law, and others. Among them, the draft National Security Law was submitted to the session for a second reading, and in accordance with the need to safeguard national security, security tasks in a number of important areas were added. In the area of network and information security, the second reading draft added provisions that the state “build a national network and information security safeguard system, enhance network and information security protection capabilities” and “safeguard national cyberspace sovereignty”.
Draft Seed Law
Genetically modified breeding should be announced in a timely manner
In order to regulate the entry of foreign capital into our country's seed industry, the draft provides that the state establish a seed industry security review mechanism. It regulates the investment by foreigners, foreign enterprises, or other foreign organizations in, or mergers and acquisitions of, domestic seed companies, or their technical cooperation with domestic research institutions and seed companies to engage in variety research and development, seed production and operation, and other activities.
In order to respond to consumers' concerns about the safety of genetically modified products, the draft provides that the selection and breeding, testing, approval, and promotion of genetically modified plant varieties shall undergo safety evaluation and adopt strict safety control measures, and the agriculture and forestry administrative departments under the State Council shall strengthen follow-up supervision and promptly announce information related to the approval and promotion of genetically modified plant varieties. Compared with the current Seed Law, content on strengthening follow-up supervision and promptly announcing relevant information has been added. The draft also provides that for seed production and operation licenses of seed companies engaged in the production and operation of seeds of genetically modified plant varieties, the agriculture and forestry administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall conduct review, and submit them to the agriculture and forestry administrative departments under the State Council for issuance.
Establish a traceability system for seed experimental data
The draft provides that a traceability system for seed company experimental data be established, and that if a seed company violates the provisions and engages in fraudulent behavior, its qualification to conduct its own experiments shall be revoked and it shall be severely punished.
It is understood that the variety approval system is an important system for variety management in our country and has been implemented for many years, playing a positive role in the promotion of improved varieties, but problems have also existed in practice. Some localities report that there are currently many varieties requiring approval, the approval channels are narrow, the approval process is not standardized, some approval standards are disconnected from market demand, variety approval and protection are disconnected, and phenomena such as “one variety with multiple names” and “multiple varieties with one name” occur from time to time.
In response to this problem, the draft provides: first, reduce the types of major crop varieties subject to approval. The provision that the agriculture administrative department under the State Council and the agriculture administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may each additionally designate one or two major crops as varieties subject to approval is abolished, and the major crops subject to approval are reduced from 28 to 5 in total: rice, wheat, corn, cotton, and soybean. Second, standardize variety approval. Varieties applying for approval shall meet the requirements of distinctness, uniformity, and stability. Third, establish a green channel for variety approval. For seed companies that combine breeding with production and operation and meet the statutory conditions, if varieties independently developed by them require approval, they may complete the experiments on their own in accordance with the approval measures. A traceability system for seed company experimental data shall be established, and if a seed company violates the provisions and engages in fraudulent behavior, its qualification to conduct its own experiments shall be revoked and it shall be severely punished. Fourth, establish a variety withdrawal system. If approved crop varieties and forest tree varieties have insurmountable extremely serious defects and are unsuitable for continued operation and promotion, the original announcing department shall issue an announcement to stop their operation and promotion.