Beijing, China
March 10, 2006
USDA/FAS GAIN report CH6008
China, Peoples Republic of
Planting Seeds: Administrative Measures for Grass Seeds
2006
Approved by:
Casey Bean
U.S. Embassy Beijing, Office of Agriculutre Affairs
Prepared by:
Wu Xinping
This report
in PDF format:
http://www.fas.usda.gov/gainfiles/200603/146187057.pdf
Original report in Chinese:
http://www.agri.gov.cn/blgg/t20060126_544479.htm
Report
Highlights:
This is an
UNOFFICIAL translation of
China's Ministry of Agriculture (MOA) Decree No. 56 of 2006 and
should be used as a guide only. Exporter/investors should
carefully discuss regulations and their application with Chinese
partners to ensure that their interpretation of the regulation
is accurate. China did not notify the World Trade Organization
(WTO) on this decree; subsequently, FAS Beijing contacted
China's SPS Office to request compliance with WTO/SPS
notification obligations. Based on FAS Beijing's preliminary
analysis of the text, it appears the decree will not impact seed
trade significantly.
Summary
On January
12, 2006, China’s Ministry of Agriculture (MOA) published Decree
56, the Administrative Measures for Grass Seeds. According to
MOA, the measures are based on the Seed Law of The People’s
Republic of China and the Grassland Law of the People’s
Republic of China. MOA said these measures were not
notified to World Trade Organization (WTO), and explained that
other than expanded coverage, detailed rules and procedures for
production, marketing and trade, the measures would not restrict
trade of grass seeds. Import policies on grass seeds remain
unchanged. Further, trade contacts report these measures do not
change the existing import and marketing policy. As a result,
FAS Beijing believes the new decree will not restrict trade.
Nonetheless,
FAS Beijing contacted the SPS office under China’s General
Administration of Quality Supervision, Inspection and Quarantine
(AQSIQ) and requested that they comply with the WTO SPS
notification requirements by notifying this decree. The
measures will take effect on March 1, 2006, and FAS Beijing will
monitor any trade impact of the decree.
A full text
of this regulation in Chinese is posted on MOA web site
http://www.agri.gov.cn/blgg/t20060126_544479.htm.
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Decree No. 56
of the
Ministry of
Agriculture of the People’s Republic of China
The
Administrative Measures for Grass Seeds, adopted at the 2nd
executive meeting of the Ministry of Agriculture on January 5,
2006, is hereby promulgated and shall go into effect on March 1,
2006. The Interim Measures for the Administration of Forage
Seeds (Trial) promulgated by the Ministry of Agriculture,
Animal Husbandry and Fishery on October 25th, 1984
shall be repealed on the same date.
Minister Du Qinglin
January 12, 2006
Administrative Measures for
Grass Seeds
Chapter 1 General Provisions
Article 1
These Measures are enacted to regulate and strengthen the
administration of grass seeds, improve the quality of grass
seeds, safeguard legitimate rights and interests of grass
variety selectors and breeders, producers, traders and users of
grass seeds as well as promoting the sound development of grass
industry in accordance with the Seed Law of The People’s
Republic of China and the Grassland Law of the People’s
Republic of China.
Article 2
These Measures shall be applicable to such activities as the
selection and breeding of grass varieties, the production,
business operation, use and administration of grass seeds,
within the territory of the People’s Republic of China.
Article 3
The grass seeds referred in these measures are the planting
materials or propagation materials, such as grains, fruits,
roots, stems, seedlings, sprouts and leaves of herbs and feeding
shrubs, which are used for animal feeding, ecological
construction, forestation, landscaping and other purposes.
Article 4 The
Ministry of Agriculture shall be in charge of the administration
of grass seeds throughout the country.
The administrative departments for grasslands under the local
people’s government at or above the county level shall be in
charge of the administration of grass seeds within their
respective administrative regions.
Article 5 The
administrative departments for grasslands and their personnel
shall be forbidden to engage in the production and marketing
activities of grass seeds; institutions engaged in the
production and marketing of grass seeds shall be forbidden to
engage in the administrative management of grass seeds. The
administrative departments for grass seeds and entities engaged
in the production and marketing of grass seeds must be
segregated from each other in respect of respective personnel
and financial affairs.
Article 6 The
administrative departments for grasslands under the local
people’s governments at or above the county level shall
strengthen their efforts to protect grass germplasm resources,
select and breed, produce, replace and popularize improved
varieties, encourage the combination of variety breeding with
production and marketing, and reward the units and individuals
that achieve outstanding success in the protection of grass
germplasm resources and in the selection and breeding as well as
in the popularization of improved varieties.
Chapter
2 Protection of Grass Germplasm Resources
Article 7
The State shall protect grass germplasm resources, and no unit
or individual shall seize or impair grass germplasm resources.
Article 8
The Ministry of Agriculture shall, according to the actual
needs, prepare the catalog of grass germplasm resources, which
are selected under the special State protection.
Article 9
The Ministry of Agriculture shall organize relevant units to
collect, sort out, verify, register, store, exchange and utilize
grass germplasm resources, and establish a bank of grass
germplasm resources as well as regularly issue the catalog of
available grass germplasm resources.
Article 10 The
Ministry of Agriculture and the administrative departments for
grasslands of provincial people’s governments shall, according
to the actual needs, establish national and local grass
germplasm resources protection zones or grass germplasm
resources reserves.
Article 11
It shall be forbidden to collect or excavate natural grass
germplasm resources under the State’s protection plan. Where in
the case of special circumstances, such as for the purpose of
scientific research, such collection or excavation shall be
verified by the administrative departments for grasslands of the
provincial people’s governments and be submitted to the Ministry
of Agriculture for examination and approval.
Article 12
Grass germplasm resources imported from abroad are subject to
quarantine inspections according to law.
Grass
seeds first introduced from abroad shall be segregated for
experimental planting and is subject to risk assessment, and
shall not be used until confirmed safe.
Article 13
The State shall have the sovereignty over grass germplasm
resources. Any unit or individual that wishes to provide grass
germplasm resources abroad shall apply to competent
administrative departments for grasslands of the people’s
governments of provinces, autonomous regions and municipalities
directly under the Central Government where the said unit or
individual resides for verification, and to the Ministry of
Agriculture for examination and approval.
Chapter
3 Breeding, Examination and Approval of Grass Varieties
Article 14
The State shall encourage the unit and individual to engage in
the breeding of grass varieties, encourage the cooperation
between scientific research units and enterprises in breeding of
grass varieties and encourage the investment of enterprises in
breeding of grass varieties.
Article 15 The State shall apply a system for examination and
approval of new grass varieties. New grass varieties without
passing through examination and approval shall not be
advertised, traded or popularized.
Article 16 The
Ministry of Agriculture shall set up a national grass variety
examination and approval committee to be responsible for the
administration of new grass varieties.
The national grass variety examination and approval committee
shall be composed of professionals holding senior professional
titles or appointed to division director level positions or
above, and engaged in the relevant scientific research,
education, technology extension, administrative management and
so on.
The
Ministry of Agriculture shall appoint the director, deputy
directors and members of the national grass variety examination
and approval committee.
Article 17 The
approved new grass varieties shall be granted certificates by
the national grass variety examination and approval committee,
and announced to the public by the Ministry of Agriculture.
The examination and approval announcement shall cover such
contents as names of the approved varieties, identification of
the breeders as well as the regions to be adapted.
For new grass varieties unapproved in the examination, the
national grass variety examination and approval committee shall
notify the applicants in writing explaining reasons.
Article 18 Where
foreigners, foreign enterprises or other foreign organizations
that have no regular domiciles or business places in China apply
for examination and approval of their grass varieties in China,
they shall entrust Chinese institutes engaged in the scientific
research, production or marketing of grass seeds with the status
of legal persons to serve as their agents.
Chapter
4 Production of Grass Seeds
Article 19 A
license system for the production of major grass seeds shall be
applied.
Grass seed production license shall be issued after examination
by the administrative departments for grasslands of the
provincial people’s governments, where the grass seed production
units or individuals reside.
Article 20 Units
or individuals that apply for grass seed production licenses
shall meet the following qualification:
1) Equipped with quarantining and breeding facilities for
propagating grass seeds;
2) Equipped with grass seed production sites free from those
subject to State quarantine inspections;
3) Equipped with facilities and funds measuring up to production
and inspection of grass seed production;
4) Equipped with relevant professionals specialized in grass
seed production and inspection; and
5) Other qualifications as stipulated in laws, rules and
regulations.
Article 21 The
following materials shall be submitted for application of grass
seed production license:
1)
An application form for a grass seed production license;
2)
Qualification certificates for professionals specialized in
production and inspection;
3)
A registered capital certification;
4)
Lists, pictures and ownership certificates or legitimate use
right certificates of inspection facilities, instruments and
equipment;
5)
An introduction to grass seed seasoning yards or pictures and
ownership certificates or legitimate use right certificates of
grass seed drying facilities;
6)
Pictures and ownership certificates or legitimate use right
certificates of grass seed storage facilities;
7)
Quarantine certificates of and introductions to grass seeds
production sites;
8)
Grass seed production quality assurance measures; and
9)
An introductions to variety characteristics
In the case of a granted variety’s right, a written consent
certificate from the owners of such variety or variety transfer
contract shall also be submitted; whereas when grass seeds are
genetically modified, the agricultural GMO safety certificates
shall be submitted.
Article 22 The
examination and approval authorities shall, within 20 days from
the acceptance of the application, complete the examination work
and decide on whether or not to issue production license. If the
application is not approved, the applicant shall be notified in
writing and given reasons thereof.
Where necessary, the examination and approval authorities may
conduct a field study of production sites, facilities for
drying, storage and inspection, as well as instruments and
equipment.
Article 23 The
Ministry of Agriculture shall uniformly stipulate the format of
grass seed production license.
The
production license shall remain valid for three years and be
renewable. The license holder shall, three months prior to the
expiration of the license, follow the original application
procedures to apply for a new grass seed production license by
presentation of the old license.
If
any changes are to be made in the valid period of the license,
the license holder shall apply to the original examination and
approval authority and submit relevant materials to the
authority for these changes.
Article 24 Any
units or individuals shall be forbidden to engage in commercial
production of major grass seeds without a grass seed production
license.
It is
forbidden to forge, alter, sell and purchase as well as lease
grass seed production license.
Article 25 Grass
seed production units and individuals shall produce grass seeds
in accordance with the Technical Rules and Regulations on
Production of Grass Seeds, and keep files of grass seed
production, clearly indicate production sites, environments of
the plots, preceding crops, source and quality of parent seeds,
responsible technicians, inspections conducted in the fields,
meteorological notes of the origins, distribution of seeds, etc.
Production files shall be maintained for two years after the
production of grass seeds.
Chapter
5 Marketing of Grass Seeds
Article 26 A
marketing license system for the marketing of grass seeds shall
be applied. Only after a marketing license has been obtained,
shall any unit or individual engaged in the marketing of grass
seeds apply to the administrative department for industry and
commerce for a business license or for modifying a business
license, with the exception of such grass seeds, which do not
require marketing license in accordance with the Seed Law.
The
application for a marketing license for major hybrid grass
seeds, parent seeds thereof and breeding seeds of conventional
varieties shall be subject to the examination of the
administrative department for grasslands under the county
people’s governments, where the applicants reside, and the
license shall be issued after examination of the administrative
departments for grassland of the provincial people’s government.
The application for a grass seed marketing license by an unit or
individual engaged in the import and export of grass seeds shall
be subject to the examination of competent administrative
department for grasslands of the provincial people’s government,
where the unit or individual dealing resides, and the license
shall be issued after examination by the Ministry of
Agriculture.
The license for marketing of other varieties of grass seeds
shall be issued after examination by the administrative
department for grasslands under people’s government of the
county, where unit or individual reside.
Article 27
Unit or individual that apply for grass seed marketing licenses
shall meet the following qualifications:
1) Availability of funds commensurate with grass seed varieties
and quantities traded in and the capability of bearing civil
liabilities independently;
2) Possession of personnel with expertise in correct
identification of the grass seeds traded in and quality
examination of grass seeds and grass seed storage;
3) Availability of business sites appropriate to the grass seed
varieties and quantities traded in, and storage facilities; and
4) Meeting the other requirements laid down in laws, rules and
regulations.
Article 28
The following materials shall be submitted for the application
of a grass seed marketing license:
1) An application form for grass seed marketing license;
2) Pictures and ownership certificates or legitimate use right
certificates of business sites; and
3) Lists, pictures, ownership certificates or legitimate use
right certificates of grass seed storage facilities.
Article 29 The
examination and approval authority shall, within 20 days from
the acceptance of the application, complete the examination work
within 20 days, and decide on whether or not to issue the
marketing license. If the application is not approved, the
applicant shall be notified in writing and given reasons
thereof.
Where
necessary, the examination and approval authority shall conduct
a field study of production sites, facilities for processing,
packing and storing, as well as instruments and equipment for
the inspection of grass seed quality.
Article 30 The format of the grass seed-marketing license shall
be uniformly stipulated by the Ministry of Agriculture.
The
grass seed-marketing license shall remain valid for 5 years and
is renewable. The license holder shall, three months prior to
the expiration of the license, follow the original application
procedures to renew the license by presentation of the old
license.
If
any changes are to be made in the valid period of the license,
the license holder shall apply to the original examination and
approval authority and submit relevant materials to the
authority for these changes.
Article 31 Any
unit or individual shall be forbidden to engage in the marketing
of major grass seeds without grass seed marketing license.
It is
forbidden to forge, alter, sell and purchase as well as lease
grass seed marketing licenses.
Article 32
Grass seed trader shall be responsible for the quality of the
traded grass seeds, comply with relevant laws and regulations
and provide grass seed users with consulting services in respect
of properties of seeds, agronomic techniques and so on.
Article 33
Grass seeds for sale shall be packed. When the grass seeds are
sub-packed, the sub-packing unit, original names and of places
of origin of grass seeds or grass variety shall be clearly
indicated.
Article 34 The grass seeds for sale shall be labeled. The
label shall clearly indicate such items as the grass seed
family, variety name, lot number, place of origin, production
date, name of production unit and quality index.
The content of the label shall
be in conformity with the grass seeds for sale.
For the sale of imported grass
seeds, a label in Chinese is needed.
Article 35
Grass seed traders shall keep seed marketing files, which shall
contain brief information about the grass seed source,
processing, storage, transportation, quality test, together with
the names of the responsible persons, and the destinations of
the grass seeds etc.
The marketing files shall be kept for 2 years after grass
seeds are sold.
Article 36
The administrative department for grasslands at or above the
county level shall strengthen the supervision and administration
on local grass seed advertisements, contents of which shall
comply with the relevant laws and regulations, and the
descriptions of main properties which shall be in conformity
with examination and approval announcements. Misleading and
deceptive advertisements are prohibited.
Chapter
6 Quality of Grass Seeds
Article 37
The Ministry of Agriculture shall be responsible for the
formulation of the nationwide supervision and random inspection
plans for grass seed quality, or the quality of a certain
grade. The administrative departments for grasslands under the
local people’s governments at or above the county level shall,
according to the national plan and local actual situations,
formulate the relevant supervision and random inspection plan.
Any and all costs incurred in the supervision and random
inspection shall incorporate in the budget of the administrative
department for grasslands, and shall not be charged from
enterprises subject to random inspection.
Within six months since the administrative department for
grasslands conducts the supervision and random inspection, the
administrative departments for grasslands at the same level or a
lower level shall be forbidden to repeat the supervision and
random inspection for the identical grass seeds of the
enterprise.
Article 38 The administrative
department for grasslands may entrust a grass seed quality
inspection agency to conduct inspection of grass seed quality.
The
quality inspection agency shall have the necessary testing
facilities and capabilities, and shall be examined and approved
by the relevant department of the people’s government at or
above the provincial level.
Article 39
The inspectors of the grass seed quality inspection agency shall
meet the following qualifications:
1) Equivalent to college degree or above, and or personnel with
intermediate or above technical titles;
2) Engaged in the technical work of grass seed inspection for
three years at least; and
3) Passed the examination conducted by the administrative
departments for grasslands of the people's government at or
above the provincial level.
Article 40 Grass
seeds subject to supervision and random inspection shall undergo
quality inspection in accordance with the National Rules for
Forage Seed Testing. In the case of absence of specific
provisions in the National Rules for Forage Seed Testing,
the quality inspection shall be conducted in accordance with the
International Rules for Seed Testing.
Article 41 The
Grass Seed Quality Inspection Report shall clearly state
such relevant contents as names of grass seeds, sampling date,
quantity, seed lot number and inspection results.
The
Grass Seed Quality Inspection Report shall be filled in
by a certified grass seed inspector, signed and issued by the
person responsible for the inspection agency, and stamped with
the special seal for inspection of the inspection agency.
Article 42 In
the case of discrepancy about inspection result, unit or
individual being inspected shall, within 15 days from the
receipt of the inspection result notice, apply in writing to the
administrative departments for grasslands which have assigned
tasks, for re-inspection. Failure to do so shall be deemed to
have accepted the inspection results.
The
administrative department for grasslands shall examine the
re-inspection application, and shall timely make arrangement for
the re-inspection which, if necessary.
Article 43 Production
and marketing of fake and inferior grass seeds shall be
prohibited.
The following shall be regarded fake grass seeds:
1) Non-grass seeds stuff labeled and marketed as grass seeds,
and the grass seeds of one variety labeled and marketed as
another variety; and
2) The family, variety or origin of grass seeds is not in
agreement with what is stated in the label.
The
following shall be regarded as inferior grass seeds:
1) The quality is lower than the seed quality standards
stipulated by the State;
2) The quality is lower than the index indicated in the label;
3) The deteriorated grass seeds not suitable to be used as
seeds;
4) The proportion of weed grass seeds exceeds the specified
level; and
5) The grass seeds containing materials subject to quarantine by
the State.
Article 44 Unit
or individual engaged in the production and marketing of grass
seeds shall, in accordance with relevant laws and regulations
for plant quarantine, conduct quarantine inspections, prevent
dangerous plant diseases, insects/pests, weeds and other harmful
organisms from spreading.
Unit or individual are prohibited to conduct experiments
against diseases and insects/pests at grass seed production
bases.
Chapter
7 Import and Export Administration
Article 45 Unit
engaged in import and/or export of grass seeds shall, in
addition to grass seed marketing license, also obtain
qualification certificate for import and export trade of grass
seeds pursuant to relevant provisions of State foreign trade
laws and regulations.
Article 46 The
examination and approval system for import and export of grass
seeds shall be applied.
Unit or individual applying for import and/or export grass
seeds shall complete Examination and Approval Forms for
Import or Export of Grass Seeds, and shall not engage in
import or export business until the said forms are firstly
verified by the administrative department for grasslands of the
provincial people’s government, and then submitted to and
approved by the Ministry of Agriculture.
Each
Examination and Approval Form for Import or Export of
Grass Seeds shall remain valid for 3 months.
Article 47
The grass seeds to be imported or exported shall meet the
following requirements:
1) The quality of grass seeds meets the State standards;
2) Relevant certifications concerning names, quantities and
places of origin of grass seeds; and
3) Grass seeds are not those prohibited by the State to be
imported or exported.
Unit
or individual applying for the import or export of grass seeds
shall provide the following materials:
1) The grass seed marketing license, the duplicate of the
business license and qualification certificate for import or
export trade;
2) Relevant certificates concerning names, quantities and places
of origin of grass seeds; and
3) The examination certificate and registered catalog issued by
the authority of the country of origins for the grass seeds to
be imported;
Article 48
The above Article 45 does not apply to grass seeds imported for
producing hybrid seeds for re-export, but a signed contract is
requested. The imported seeds shall only be used for the
production of hybrid seeds, and the products shall not be sold
in domestic market.
Chapter 8 Supplementary Provisions
Article 49
The unit or individual that is in violation of these Measures
shall be punished in accordance with relevant provisions of the
Seed Law of The People's Republic of China and the
Grassland Law of the People's Republic of China.
Article 50
The administration of breeding, experiment, popularization,
production, processing, import and export of generically
modified grass varieties shall comply with the Regulations
for Administration of Safety of Agricultural GMOs.
Article 51 The unit or individual that collects, excavates,
provides abroad or introduces from abroad grass germplasm
resources which are indicated in the list of wild plants under
State protection plan shall, in addition to handling examination
and approval formalities subject to these Measures, also go
through relevant examination and approval procedures in
accordance with the Regulations on Wild Plant Protection of
the People’s Republic of China and the Measures for
Protection of Wild Agricultural Plants.
Article 52
The major grass seeds covered by these measures refer to
Lucerne, astragalus adsurgens pall, pea tree, saintfoin,
trefolium, hedysarum, stylo grass, pearl millet, elymus
sibiricus, wheat grass, fodder grass, sheep fescue, cocksfoot,
puccinellia distans, lyme grass, lespedeza bicolor, crown vetch,
awnless brome, groats, triticale, perennial ryegrass, sudan
grass, sweet clover, Kentucky blue grass and other 2 to 3
varieties of grass seeds as designated by the administrative
department for grasslands of the People’s Governments of
provinces, autonomous regions or municipalities.
The
measures do not cover such field crops such as feed corn, fodder
sorghum and so on.
Article 53
These Measures shall go into effect on March 1, 2006. The
Interim Measures for the Administration of Forage Seeds (for
Trial Implementation) promulgated by the Ministry of
Agriculture, Animal Husbandry and Fishery on October 25, 1984
shall be repealed on the same date.
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