Measures for the Administration of Licenses for the Production and Operation of Crop Seeds, promulgated by the Ministry of Agriculture

Decree of the Ministry of Agriculture of the People's Republic of China

No. 3 of 2011

The Measures for the Administration of Licenses for the Production and Operation of Crop Seeds have been reviewed and adopted at the 4th executive meeting of the Ministry of Agriculture in 2011 and are hereby promulgated, effective as of September 25, 2011.

Minister Han Changfu

August 22, 2011

Measures for the Administration of Licenses for the Production and Operation of Crop Seeds

Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the Seed Law of the People's Republic of China in order to strengthen the administration of licenses for the production and operation of crop seeds and to regulate the order of crop seed production and operation.

Article 2 These Measures apply to the application for, review of, issuance of, and supervision over crop seed production and operation licenses.

Article 3 The competent agricultural administrative departments of the people's governments at or above the county level shall, according to the division of duties, be responsible for accepting, reviewing, issuing and supervising crop seed production and operation licenses.

Article 4 The competent agricultural administrative departments responsible for reviewing and issuing crop seed production and operation licenses shall publicize the conditions, procedures, etc. for handling crop seed production and operation licenses at their office premises.

Article 5 The competent agricultural administrative departments shall issue crop seed production and operation licenses in accordance with the law and in accordance with the principles of helping to safeguard agricultural production safety, raising the level of crop variety selection and production, and promoting fair competition.

Chapter II Production Licenses

Article 6 Anyone producing commercial seeds of major crops shall obtain a major crop seed production license (hereinafter referred to as a seed production license) in accordance with the law.

The production license for hybrid seeds of major crops and their parental seeds, and for foundation seeds of conventional varieties shall be reviewed by the competent agricultural administrative department of the county-level people's government in the place of production and issued by the competent agricultural administrative department of the provincial-level people's government. The seed production licenses for other major crops shall be issued by the competent agricultural administrative department of the local people's government at or above the county level in the place of production.

Where the place of production is a non-major crop area but the crop is a major crop in another province (autonomous region or municipality directly under the Central Government), and the producer applies for a seed production license, the competent agricultural administrative department of the place of production shall accept the application and issue the license in accordance with the law.

Article 7 To apply for a seed production license, the following conditions shall be met:

(1) For an application for a production license for hybrid rice or hybrid corn seeds and their parental seeds, the registered capital shall be no less than 30 million yuan; for an application for a production license for other major crop seeds, the registered capital shall be no less than 5 million yuan;

(2) The varieties to be produced have passed variety approval; where seeds with plant variety rights are produced, the written consent of the variety rights holder shall also be obtained;

(3) Having at least 1 unit (set) each of a well-maintained purity analysis table, electronic scale, germination bed equipment, electrophoresis apparatus, electrophoresis tank, sample grinder, oven, biological microscope and refrigerator, at least 1 set of electronic balances (with sensitivities of one hundredth, one thousandth and one ten-thousandth), and at least 2 units (sets) each of a sampler, sample divider and germination box; for an application for a production license for hybrid rice or hybrid corn seeds, at least 1 unit (set) each of a PCR thermal cycler, pH meter, autoclave, magnetic stirrer, constant-temperature water bath, high-speed refrigerated centrifuge and a complete set of pipettes shall also be provided;

(4) A testing laboratory of 100 sq m or more; for an application for a production license for hybrid rice or hybrid corn seeds and their parental seeds, a testing laboratory of 150 sq m or more;

(5) A warehouse of 500 sq m or more, a drying yard of 1000 sq m or more, or corresponding seed drying facilities and equipment;

(6) At least 3 full-time seed production technicians, storage technicians and seed inspectors qualified through assessment by the competent agricultural administrative department of the people's government at or above the provincial level (covering field inspection, sampling and laboratory testing, the same below) each; among them, for the production of hybrid rice or hybrid corn seeds and their parental seeds, at least 5 seed production technicians and at least 5 seed inspectors each;

(7) No quarantine pests at the production site;

(8) Isolation and production conditions that meet the requirements of seed production regulations;

(9) Other conditions specified by the Ministry of Agriculture.

Article 8 To apply for a seed production license, the following materials shall be submitted:

(1) An application form for a seed production license;

(2) Copies of capital verification reports, or annual accounting statements for the 1 year prior to the date of application and audit reports by intermediary agencies, and other proof of registered capital; a list of seed testing and other equipment and copies of purchase invoices; copies of property right certificates for the seed testing laboratory and warehouse in the province (autonomous region or municipality directly under the Central Government) where the place of production is located; copies of property right certificates (or lease agreements) for the drying yard in the province (autonomous region or municipality directly under the Central Government) where the place of production is located, or copies of property right certificates for seed drying facilities and equipment; copies of calibration certificates issued by measurement verification institutions for testing equipment involving measurement; descriptions of the relevant facilities and equipment and actual photographs;

(3) Copies of qualification certificates and labor contracts of seed production, storage and testing technicians;

(4) Quarantine certificates for the seed production sites;

(5) Copies of variety approval certificates;

(6) For the production of seeds with plant variety rights, written proof of consent from the variety rights holder;

(7) A description of safe isolation and production conditions for seed production;

(8) Other materials specified by the Ministry of Agriculture.

Where an applicant for a seed production license has already obtained a seed operation license for the corresponding crop, it shall be exempted from submitting the materials specified in item (2) of the preceding paragraph and copies of qualification certificates and labor contracts of seed storage and testing technicians, but shall submit a copy of the seed operation license.

Article 9 The reviewing authority shall complete its review within 20 working days from the date of accepting the application. During the review, it shall conduct on-site inspections of the production sites, drying yards or drying facilities and equipment, storage facilities, testing facilities and equipment, and verify the originals of the relevant supporting materials (for those holding a seed operation license for the corresponding crop, only the production sites shall be inspected). If the conditions specified in these Measures are met, it shall sign its review opinion and report to the issuing authority; if the review is not passed, it shall notify the applicant in writing and explain the reasons.

The issuing authority shall complete the issuance work within 20 working days from the date of receiving the review opinion and application materials. If the issuing authority deems it necessary, it may conduct an on-site inspection. If the conditions are met, it shall issue a seed production license and make a public announcement; if the conditions are not met, it shall notify the applicant in writing and explain the reasons.

Article 10 A seed production license shall state such items as the license number, enterprise name, domicile, legal representative, registered capital, issuing authority, announcement document number, date of issuance, and the crop type, variety name, approval number, plant variety right number, place of production and validity period of the seeds produced.

The license number shall be "__ (x) Nong Zhong Sheng Xu Zi (x) No. x". The first pair of parentheses contains the abbreviation of the issuing authority, the second pair of parentheses contains the year of first issuance, and the third number is a four-digit serial number; the "__" shall be marked with the type of seeds produced: b for hybrid rice and hybrid corn seeds and their parental seeds, and c for other major crop seeds.

Article 11 A seed production license shall be valid for 3 years. Where the same enterprise applies to the same issuing authority during the validity period of the production license to add varieties of the same crop, the issuing authority shall add the corresponding varieties on the original license, and no separate production license shall be issued.

After the validity period of a seed production license expires, if the seed producer needs to apply for a new license from the same issuing authority, it shall submit a new application 70 days before the expiration of the license.

Chapter III Operation Licenses

Article 12 Anyone operating crop seeds shall obtain a crop seed operation license (hereinafter referred to as a seed operation license) in accordance with the law.

The operation license for hybrid seeds of major crops and their parental seeds, and for foundation seeds of conventional varieties shall be reviewed by the competent agricultural administrative department of the county-level people's government in the place where the seed operator is located and issued by the competent agricultural administrative department of the provincial-level people's government.

The following seed operation licenses shall be reviewed by the competent agricultural administrative department of the provincial-level people's government in the place where the seed operator is located and issued by the Ministry of Agriculture:

(1) Seed operation licenses for companies engaged in seed import and export business;

(2) Seed operation licenses for companies that combine breeding, production and operation and have a registered capital of 100 million yuan or more.

Other crop seed operation licenses shall be issued by the competent agricultural administrative department of the local people's government at or above the county level in the place where the seed operator is located.

Article 13 To apply for an operation license for hybrid rice or hybrid corn seeds and their parental seeds, the following conditions shall be met:

(1) A registered capital of no less than 30 million yuan and fixed assets of no less than 10 million yuan;

(2) Having at least 1 unit (set) each of a well-maintained purity analysis table, electronic scale, germination bed equipment, electrophoresis apparatus, electrophoresis tank, sample grinder, oven, biological microscope and refrigerator, at least 1 set of electronic balances (with sensitivities of one hundredth, one thousandth and one ten-thousandth), at least 2 units (sets) each of a sampler, sample divider and germination box, at least 1 unit (set) each of a PCR thermal cycler, pH meter, autoclave, magnetic stirrer, constant-temperature water bath, high-speed refrigerated centrifuge and a complete set of pipettes; a testing laboratory of 150 sq m or more;

(3) Having seed warehouses, drying yards or corresponding drying facilities and equipment that meet the requirements of Article 7, item (5) of these Measures, and business premises of 300 sq m or more;

(4) Having complete sets of seed processing equipment, with a total processing capacity of no less than 10 tons/hour for hybrid corn seeds and no less than 5 tons/hour for hybrid rice seeds, and a processing plant of 500 sq m or more;

(5) At least 5 full-time seed processing technicians, at least 3 seed storage technicians, and at least 5 seed inspectors qualified through assessment by the competent agricultural administrative department of the people's government at or above the provincial level;

(6) Other conditions specified by the Ministry of Agriculture.

Article 14 To apply for an operation license for crop seeds other than hybrid rice or hybrid corn seeds and their parental seeds that require processing and packaging, the following conditions shall be met:

(1) For an application for a major crop seed operation license, a registered capital of no less than 5 million yuan and fixed assets of no less than 2.5 million yuan; for an application for a non-major crop seed operation license, a registered capital of no less than 2 million yuan and fixed assets of no less than 1 million yuan;

(2) Having at least 1 unit (set) each of a well-maintained purity analysis table, electronic scale, germination bed equipment, electrophoresis apparatus, electrophoresis tank, sample grinder, oven, biological microscope and refrigerator, at least 1 set of electronic balances (with sensitivities of one hundredth, one thousandth and one ten-thousandth), and at least 2 units (sets) each of a sampler, sample divider and germination box; a testing laboratory of 100 sq m or more;

(3) For operating major crop seeds, seed warehouses, drying yards or corresponding drying facilities and equipment that meet the requirements of Article 7, item (5) of these Measures, and business premises of 200 sq m or more; for operating non-major crop seeds, a warehouse of 300 sq m or more, a drying yard of 500 sq m or more or corresponding drying facilities and equipment, and business premises of 200 sq m or more;

(4) For operating conventional rice or wheat seeds, a total processing capacity of complete sets of seed processing equipment of 10 tons/hour or more; for operating soybean seeds, a total processing capacity of complete sets of seed processing equipment of 3 tons/hour or more; for operating cotton or rapeseed seeds, a total processing capacity of complete sets of seed processing equipment of 1 ton/hour or more; for operating other crop seeds, corresponding seed processing equipment;

(5) For operating major crop seeds, a seed processing plant of 500 sq m or more; for operating non-major crop seeds, a seed processing plant of 200 sq m or more;

(6) At least 3 full-time seed processing technicians, storage technicians and seed inspectors qualified through assessment by the competent agricultural administrative department of the people's government at or above the provincial level each.

Where an application is made for a crop seed operation license for seeds that may, as specified by the Ministry of Agriculture, be exempt from processing and packaging, the registered capital and fixed assets shall meet the provisions of item (1) of the preceding paragraph, and the specific requirements for seed testing, storage facilities and equipment and personnel shall be prescribed by the competent agricultural administrative department of the provincial-level people's government and filed with the Ministry of Agriculture for the record.

Article 15 A company engaged in seed import and export business applying for a seed operation license shall meet the following conditions:

(1) A registered capital of no less than 30 million yuan and fixed assets of no less than 10 million yuan;

(2) Other conditions specified in these Measures for the issuance of the corresponding crop seed operation license.

Article 16 A company that combines breeding, production and operation and has a registered capital of 100 million yuan or more, applying for a seed operation license, shall meet the following conditions:

(1) Fixed assets of no less than 50 million yuan;

(2) Having at least 2 units (sets) each of a well-maintained purity analysis table, electronic scale, germination bed equipment, electrophoresis apparatus, electrophoresis tank, sample grinder, oven, biological microscope and refrigerator, at least 2 sets of electronic balances (with sensitivities of one hundredth, one thousandth and one ten-thousandth), at least 3 units (sets) each of a sampler, sample divider and germination box, at least 2 units (sets) each of a PCR thermal cycler, pH meter, autoclave, magnetic stirrer, constant-temperature water bath, high-speed refrigerated centrifuge and a complete set of pipettes; a testing laboratory of 200 sq m or more;

(3) For an application to operate major crop seeds, a warehouse of 1500 sq m or more, a drying yard of 3000 sq m or more or corresponding seed drying facilities and equipment, and business premises of 500 sq m or more; for an application to operate non-major crop seeds, a warehouse of 300 sq m or more, a drying yard of 500 sq m or more or corresponding seed drying facilities and equipment, and business premises of 300 sq m or more;

(4) For an application to operate hybrid rice and hybrid corn seeds and their parental seeds, seed drying facilities and equipment commensurate with the scale of seed operation shall be provided, the total processing capacity of complete sets of processing equipment for hybrid rice seeds and their parental seeds shall reach 10 tons/hour or more, the total processing capacity of complete sets of processing equipment for hybrid corn seeds and their parental seeds shall reach 20 tons/hour or more, and the processing plant shall be 800 sq m or more; for an application to operate other crop seeds, the processing capacity and processing plant shall meet the corresponding requirements of Article 14, items (4) and (5) of these Measures;

(5) At least 5 full-time seed production, processing and storage technicians and at least 5 seed inspectors qualified through assessment by the competent agricultural administrative department of the people's government at or above the provincial level each;

(6) A dedicated breeding institution, fixed breeding personnel and working funds, with annual research funding input no less than 10% of annual profit; a self-owned scientific research laboratory of 300 sq m or more, and a stable breeding land area of 100 mu or more, of which there shall be at least 3 test sites in each of at least 3 different ecological zones nationwide, with each site having more than 10 mu of trial land and corresponding sowing, harvesting and seed examination facilities and equipment; at least 5 full-time research and breeding personnel with intermediate or higher professional titles (or a bachelor's degree or above in a related major); for production and operation of major crop seeds, there shall also be at least 1 full-time research and breeding personnel with a senior professional title (or a master's degree or above in a related major) for each crop;

(7) A stable seed production base. Among them, for operating major crop seeds, a base of 5000 mu or more; for operating other crop seeds, a base of 500 mu or more;

(8) A sound after-sales service system;

(9) For an application to operate major crop seeds, at least 2 varieties applied for separately in the name of the applicant enterprise and approved at the national level, or at least 5 varieties applied for separately in the name of the applicant enterprise and approved at the provincial level in at least 3 provinces (autonomous regions or municipalities directly under the Central Government); for an application to operate non-major crop seeds, at least 5 varieties for which plant variety rights have been obtained separately in the name of the applicant enterprise;

(10) The seed operation volume of the crop types applied for in the 3 years prior to the date of application (excluding the year of application) accounted for 1% or more of the national seed market share of that crop type in at least 1 year. The operation volume of varieties with independent intellectual property rights accounts for 10% or more of the company's total operation volume;

(11) Other conditions specified by the Ministry of Agriculture.

Article 17 To apply for a seed operation license, the following materials shall be submitted:

(1) An application form for a crop seed operation license;

(2) Copies of capital verification reports, or annual accounting statements for the 1 year prior to the date of application and audit reports by intermediary agencies, and other proof of registered capital and fixed assets; proof of basic information such as the nature and capital composition of the applicant unit;

(3) A list of seed testing, processing and other facilities and equipment and copies of purchase invoices; copies of property right certificates for the seed testing laboratory, processing plant and warehouse; copies of property right certificates (or lease agreements) for the drying yard, or copies of property right certificates for seed drying facilities and equipment; copies of calibration certificates issued by measurement verification institutions for testing and packaging equipment involving measurement; descriptions of the relevant facilities and equipment and actual photographs;

(4) Copies of qualification certificates and labor contracts of relevant technical personnel in seed testing, processing, storage, etc.;

(5) Other materials specified by the Ministry of Agriculture.

Article 18 A company that combines breeding, production and operation and applies to the Ministry of Agriculture for the issuance of a crop seed operation license shall, in addition to submitting the materials specified in Article 17, also submit the following materials:

(1) A description of the breeding institution; copies of property right certificates for research and breeding facilities and equipment and actual photographs; copies of transfer agreements of 5 years or more for research, breeding and variety trial land;

(2) Proof of professional titles (or educational qualifications) of breeding personnel and copies of labor contracts;

(3) Copies of annual accounting statements and audit reports by intermediary agencies for the 3 years prior to the date of application;

(4) Copies of variety approval certificates or plant variety right certificates, and proof of independent production and operation rights for the varieties; explanations and relevant proof of the seed operation volume, operation amount and national market share of the crops applied for licensing in the 3 years prior to the date of application; explanations and relevant proof of the seed operation volume and operation amount of varieties with independent intellectual property rights;

(5) Proof of seed production bases for the 3 years prior to the date of application, including seed production locations (specific to the village), seed production areas, a telephone list of base village (group) contacts and commissioned seed producers, and copies of 10 seed production contracts, or copies of land transfer agreements;

(6) Proof of a sound after-sales service system, including the after-sales service system and the development of the after-sales service network, etc.;

(7) For re-application before the expiration of the validity period, proof of seed production and operation and research and breeding during the validity period of the original seed operation license shall also be provided.

Article 19 The reviewing authority shall complete its review within 20 working days from the date of accepting the application. The reviewing authority shall conduct on-site inspections of the business premises, processing and storage facilities, and testing facilities and equipment, and verify the originals of the relevant supporting materials. If the conditions specified in these Measures are met, it shall sign its review opinion and report to the issuing authority; if the review is not passed, it shall notify the applicant in writing and explain the reasons.

The issuing authority shall complete the issuance work within 20 working days from the date of receiving the application materials and review opinion. If the issuing authority deems it necessary, it may conduct an on-site inspection. If the conditions are met, it shall issue a seed operation license and make a public announcement; if the conditions are not met, it shall notify the applicant in writing and explain the reasons.

Article 20 A seed operation license shall state such items as the license number, enterprise name, domicile, legal representative, registered capital, issuing authority, announcement document number, date of issuance, and the crop operation scope, operation mode, valid area and validity period:

(1) The license number shall be "__ (x) Nong Zhong Jing Xu Zi (x) No. x", the first pair of parentheses contains the abbreviation of the issuing authority, the second pair of parentheses contains the year of first issuance, and the third number is a four-digit serial number; the "__" shall be marked with the operation type: a for issuance by the Ministry of Agriculture for those combining breeding, production and operation; b for hybrid rice and hybrid corn seeds and their parental seeds; c for major crop seeds other than hybrid rice and hybrid corn; d for non-major crop seeds; e for engaging in seed import and export business;

(2) For the crop operation scope, major crops shall be filled in with the crop name, and non-major crops shall be filled in with crop categories such as vegetables, flowers and hemp;

(3) For the seed operation mode, fill in processing, packaging, wholesale, retail or import and export;

(4) The valid area shall be filled in by administrative region, not exceeding the jurisdiction of the issuing authority, as determined by the issuing authority.

Article 21 A seed operation license shall be valid for 5 years. Where the items stated on the license are changed during the validity period, the change procedures shall be handled according to the original application procedures, and corresponding supporting materials shall be provided.

Where a seed operator continues to engage in seed operation after the expiration of the operation license, the seed operator shall re-apply 6 months before the expiration.

Article 22 Where a seed operator exclusively operates packaged seeds that are no longer sub-packaged, or is entrusted in writing by a seed operator holding a seed operation license to sell its seeds on a commission basis, it may be exempted from obtaining a seed operation license, but shall have fixed business premises.

Those exclusively operating packaged seeds that are no longer sub-packaged shall, when purchasing seeds, sign a purchase and sale contract with a seed enterprise holding a seed operation license.

Those entrusted by a seed operator holding a seed operation license to sell its seeds on a commission basis shall sign a commission sales contract with the entrusting party.

Article 23 Where a seed operator establishes a branch within the valid area specified in the operation license, it shall register with the administrative department for industry and commerce, and within 15 days after obtaining or changing the business license, file a record with the competent agricultural administrative department of the local county-level people's government and the original issuing authority. When filing the record, it shall submit copies of the seed operation license and business license, as well as materials such as the domicile, operation mode, name of the person in charge and contact telephone number of the branch.

Chapter IV Supervision and Administration

Article 24 Producers of major crop seeds shall organize seed production in accordance with the provisions of the seed production license. Seed producers shall establish seed production files, and within 30 days after sowing, report information such as the production location, variety name and production area to the competent agricultural administrative department of the local county-level people's government. The competent agricultural administrative department of the county-level people's government shall compile the production information and report it level by level up to the Ministry of Agriculture.

Article 25 Seed operators shall establish seed operation files, recording brief explanations of each link of seed source, processing, storage, transport and quality testing, as well as the responsible persons and sales destinations.

Seed operation enterprises shall report their main business activities of the previous year to the issuing authority before the end of May each year. The issuing authority shall compile the seed operation information and report it to the Ministry of Agriculture.

Article 26 The competent agricultural administrative departments of the people's governments at or above the county level shall supervise and inspect the seed production and operation activities of seed producers and operators.

Article 27 During the validity period of a license, under any of the following circumstances, the issuing authority shall cancel the license and make a public announcement:

(1) The seed producer or operator has ceased production or operation for 1 year or more;

(2) The seed producer or operator no longer meets the licensing conditions specified in these Measures and still fails to meet the requirements after rectification within a prescribed time limit.

Article 28 Where an applicant conceals relevant information or provides false materials to apply for a seed production or operation license, the competent agricultural administrative department shall not grant the license and shall circulate a notice on the relevant situation. The applicant may not apply again for a seed production or operation license within 1 year.

Where an applicant obtains a seed production or operation license by fraud, bribery or other improper means, the competent agricultural administrative department shall revoke the administrative license and circulate a notice on the relevant situation. The applicant may not apply again for a seed production or operation license within 3 years.

Article 29 Higher-level competent agricultural administrative departments shall supervise and inspect the seed production and operation licensing activities of lower-level competent agricultural administrative departments. Under any of the following circumstances, correction shall be ordered, and the directly responsible persons in charge and other directly responsible persons shall be given administrative sanctions in accordance with the law; if a crime is constituted, the case shall be transferred to a judicial organ in accordance with the law for criminal liability:

(1) Issuing seed production or operation licenses beyond the issuance authority;

(2) Issuing seed production or operation licenses by arbitrarily lowering the issuance standards;

(3) Other cases of issuing seed production or operation licenses not in accordance with the law.

Article 30 Where a competent agricultural administrative department revokes, cancels or rescinds the seed production or operation license of a violator in accordance with the law, it shall, within 5 working days after the decision is made, notify the administrative department for industry and commerce to cancel or change the business license in accordance with the law.

Article 31 The competent agricultural administrative departments shall establish an online inquiry system for the administration of seed production and operation licenses and publish relevant licensing information, except where confidentiality is required in accordance with the law.

With respect to trade secrets of seed producers and operators learned during the administration process, the competent agricultural administrative departments and their staff shall keep them confidential in accordance with the law.

Chapter V Supplementary Provisions

Article 32 For the purposes of these Measures, seed production refers to activities of planting, harvesting, air-drying or oven-drying seeds.

For the purposes of these Measures, seed operation refers to activities of cleaning, grading, drying, coating and other processing treatments of produced seeds, as well as packaging, labeling and selling.

Article 33 For the purposes of these Measures, complete sets of seed processing equipment refer to seed processing systems in which the main machines and supporting systems match each other and are fixedly installed in a processing plant to achieve flow-line operations of seed cleaning, measuring and packaging. The main machines mainly include an air-screen cleaner (the air separation part shall have front and rear air intake ducts and double settling chambers; the screening part shall have three or more layers of screens), a gravity separator, and computerized measuring, packaging and inkjet coding equipment; the supporting systems mainly include a conveying system, storage system, dust removal system, impurity removal system and electrical control system. The complete sets of processing equipment for hybrid rice seeds also include a cylinder separator capable of completing length cleaning operations.

For the purposes of these Measures, fixed assets refer to non-monetary assets held by an enterprise for producing products, providing labor services, leasing or business management, with a service life of more than 12 months, including houses, buildings, machinery, mechanical equipment, transport vehicles and other equipment, utensils and tools related to production and operation activities.

Article 34 The personnel for seed research, production, processing, testing and storage specified in these Measures shall sign labor contracts of 3 years or more with the enterprise where they work.

The seed production, processing and testing facilities and equipment, as well as the seed testing laboratory, warehouse, seed drying facilities and equipment and processing plant specified in these Measures, shall be the self-owned property of the applicant enterprise.

Article 35 Provisions on the licensing of the production and operation of genetically modified crop seeds shall be formulated separately by the Ministry of Agriculture.

Article 36 In districts (counties or cities) where no competent agricultural administrative department has been established, seed production and operation licenses shall be reviewed by the competent agricultural administrative department of the prefecture (city)-level people's government.

Article 37 Crop seed production and operation licenses shall be uniformly printed by the Ministry of Agriculture, and the formats of the relevant forms shall be uniformly formulated by the Ministry of Agriculture.

Article 38 These Measures shall take effect as of September 25, 2011. The Measures for the Administration of Licenses for the Production and Operation of Crop Seeds (Decree No. 48 of the Ministry of Agriculture), issued by the Ministry of Agriculture on February 26, 2001 and revised on July 1, 2004, shall be repealed at the same time. Where the provisions on seed production and operation licensing issued by the Ministry of Agriculture before the implementation of these Measures are inconsistent with these Measures, these Measures shall apply.

For enterprises that had obtained a crop seed production license before the date of implementation of these Measures and whose validity period expires between the date of implementation of these Measures and April 1, 2012, the validity period of their seed production license shall be automatically extended to April 1, 2012; for enterprises that had obtained a crop seed operation license and whose validity period expires between the date of implementation of these Measures and September 25, 2012, the validity period of their seed operation license shall be automatically extended to September 25, 2012.