What should you do if you buy problem seeds? Learn how to defend your rights in accordance with the law

Applicable legal provisions

Article 49 of the newly revised Seed Law provides: "The production and operation of fake or inferior seeds are prohibited. The competent departments of agriculture and forestry and relevant departments shall, in accordance with the law, crack down on illegal acts of producing and operating fake or inferior seeds, protect the lawful rights and interests of farmers, and maintain a fair and competitive market order.

The following seeds are fake seeds: (1) those that pass off non-seeds as seeds, or pass off seeds of one variety as seeds of another variety; (2) those whose seed type or variety does not match what is stated on the label, or that have no label.

The following seeds are inferior seeds: (1) those whose quality is lower than the standard prescribed by the state; (2) those whose quality is lower than the indicators stated on the label; (3) those carrying quarantine pests prescribed by the state.

Explaining the law through cases

Counterfeit and inferior crop seeds are the most harmful commodity in the rural means-of-production market. They not only cause reduced or total crop failure over large areas and wasted farmland, but also delay the farming season, so that a farmer's hard work for a year or a season is lost.

In practice, passing off non-seeds as seeds is not often seen, but the harm is enormous and the consequences severe. For conventional seeds such as wheat and soybean, it may not be obvious, but for hybrid seeds, for example passing off hybrid corn, hybrid rice and other grain as seeds, the harm is extremely great, and yield reduction can generally reach 50%. For vegetables such as cabbage and tomato, it shows up as extremely poor marketability, or even no market at all. Passing off one variety as another mainly takes the form of passing off old varieties as new varieties, or passing off slow-selling varieties as best-selling varieties.

Because the characteristics, suitable ranges and cultivation essentials of each variety differ, counterfeit varieties mislead seed users, leading them either to plant unsuitable varieties or to adopt inappropriate cultivation and management techniques; even if indicators such as seed purity are all very high, yield reduction can still result. A seed type or variety that does not match the label, or that has no label, is a fake seed, but it differs from the passing-off described above. Passing off is a deliberate act and is more serious in nature. A mismatch in labeling may be intentional or may be negligent.

Applicable legal provisions

Article 46 of the Seed Law provides: If a seed user suffers losses due to seed quality problems or because the contents stated on the seed label and instructions are untrue, the seed user may demand compensation from the operator who sold the seeds, and may also demand compensation from the seed producer or other operators. The amount of compensation includes the purchase price of the seeds, loss of obtainable benefits and other losses.

Explaining the law through cases

The purchase price of the seeds here refers to the amount paid by the seed user when buying the seeds; loss of obtainable benefits is the difference between the income expected from a normal crop and the income actually obtained from planting seeds with quality problems; related expenses include both the loss of other inputs (chemical fertilizer, pesticides, agricultural film, irrigation, etc.) caused by reduced or total crop failure due to seed quality problems, and the expenses incurred in obtaining compensation, such as transportation costs, lost work time, appraisal fees and litigation costs.

When the right to use seeds is infringed, in order to ensure a lawful, correct and timely defense of rights, farmers should pay attention to collecting and preserving the following evidence:

Seed purchase invoice. The invoice is valid evidence proving that a sales relationship was established between the seed seller and the buyer and that a causal relationship exists after the rights and interests were harmed. When buying seeds, be sure to ask the seller for an invoice, state the specific variety and quantity, and note any special requirements on the invoice.

Seed packaging. It is best to keep unplanted seed samples in the packaging bag or can. If a relatively large quantity of seeds was purchased, it is best to keep an unopened sample.

Witness testimony.

Appraisal conclusions and inspection records. Within the effective time limit for field appraisal, promptly invite specialized departments such as seed management and agriculture and forestry science and technology departments to conduct an appraisal and issue appraisal conclusions and on-site inspection records.

Apply for notarization of evidence preservation. Notarization of evidence preservation refers to the activity in which a notarial institution, upon application by a citizen, legal person or other organization, verifies and extracts evidence related to the applicant's rights and interests that may later be lost or difficult to obtain, so as to maintain its authenticity and probative value. When a seed user discovers signs of harm, they should apply to the notarial department before the evidence is lost, and the notarial department shall preserve the evidence through photography, video recording, sampling and other methods.

In addition to the main types of evidence above, seed users should also pay attention to collecting some related supporting evidence, which effectively supplements the main evidence. Examples include seed instruction manuals, warning labels, written commitments from seed operators, and advertising materials.

If a civil dispute arises from the use of seeds, the parties may resolve it through five channels: negotiation, mediation, administrative appeal, arbitration and litigation. The first four are not mandatory procedures for handling seed disputes; the parties may directly file suit in a people's court without going through any procedure (except where both parties have already reached an arbitration agreement).