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Authoritative interpretation of the New seed Law: focusing on the Construction of Modern seed Industry system

Interpreting people:

Zhang Fugui, Deputy Director of the legal record Office of the Agricultural Committee of the National people's Congress

Wu Xiaoling, Deputy Inspector of the seed Administration of the Ministry of Agriculture

Liu Ping, Deputy Director of China Green Food Development Center

Interviewer: our reporter Gao Yuncai


The new seed law focuses on the construction of modern seed industry system, which provides seed industry guarantee for the development of modern agriculture and forestry.

Production and operation license "two certificates in one", reducing license examination and approval

The license for seed production and operation is the identification of the qualification of the subject. At present, most enterprises are engaged in both seed production and seed management. The combination of production and business license not only facilitates the enterprise, reduces the license cost, but also gathers the supervision object and facilitates the government supervision.

From the point of view of "the integration of two certificates", the new seed law has reformed the production, operation and management system in accordance with the principle of streamlining administration and delegating powers and combining decentralization and management.

In terms of specific practice, cancel the registration capital requirements and license requirements when applying for a license, and relax the license conditions. Canceling the requirement of registered capital when enterprises apply for permission is conducive to the rational allocation of relevant resources and release more potential. Cancel the pre-license conditions of the license before the license, and the production and operation license and the business license can be processed in parallel, effectively shortening the formalities cycle of the enterprise.

Delegate the license for examination and approval to facilitate the application of enterprises. The authorization of integrated enterprises for breeding, propagation and promotion to the provincial level and the original license for conventional crops to the county level will facilitate enterprises to apply nearby and provide greater convenience for enterprises.

Establish a record-keeping and archives management system, build a close connection mechanism between licensing and filing, and strengthen post-event supervision. The enterprise shall no longer apply for the production and operation license in four cases, such as setting up branches in the effective area, specializing in the operation of seeds that are no longer sub-packaged, or being entrusted by qualified enterprises to produce or sell them, but need to report to the local competent agricultural department for the record. The Ministry of Agriculture will establish a unified platform for license management of seed production and operation throughout the country to provide necessary support for subsequent supervision.

Detailed file management requires all seed producers and operators to truly, comprehensively and fully record production, processing, sales and other business activities information, establish files and ensure traceability, and build a basic platform for traceability and comprehensive implementation.

Establishing Variety revocation system to ensure the Safety of Agricultural seed use

Although there are many serious defective varieties to withdraw from the market, because there are no clear provisions on the withdrawal of varieties in the past seed law, in the actual law enforcement process, some areas still continue to produce and sell withdrawn varieties. In this regard, the agricultural authorities have no basis for punishment and can not effectively stop the relevant behavior.

In order to solve this problem, on the basis of reforming and perfecting the main crop variety approval system, the new seed law has established the non-major crop variety registration system and established the revocation system of approved varieties and registered varieties at the same time. Article 21 of the new seed law stipulates that "if the approved crop varieties and improved forest varieties have insurmountable serious defects and other circumstances that are not suitable for further promotion and sale, they shall be revoked after being examined and confirmed by the original examination and approval committee." the original announcement department shall issue a public announcement to stop the promotion and sale. " Paragraph 6 of Article 22 stipulates that "if there are serious insurmountable defects in the registered varieties, the competent agricultural department under the State Council shall cancel the registration and issue a public notice to stop the promotion."

In order to ensure the better implementation of this system, the Ministry of Agriculture will, in accordance with the requirements of the new seed Law, specify the standards and procedures for the revocation of varieties in the "measures for the examination and approval of Major crop varieties" and the "measures for Registration of non-Major crop varieties". We will earnestly increase the implementation of relevant provisions to ensure the safety of seed use in agricultural production.

Encourage variety innovation and pay attention to transgenic safety evaluation

The new seed law not only emphasizes the construction of modern seed industry system, but also encourages variety innovation and the construction of variety innovation system.

It is clear that the state supports scientific research institutes and institutions of higher learning to focus on basic, frontier and public welfare research on breeding, and encourages seed enterprises to make full use of public welfare research results to cultivate new varieties on their own, and improve the commercial breeding system with enterprises as the main body. Establish and improve the scientific and technological innovation system of seed industry with orderly division of labor, complementary advantages and close cooperation between basic, frontier and public welfare breeding and commercial breeding.

Seed industry innovation and protection promote each other. The new seed law improves the legal order of new plant variety protection, strengthens the intensity of new plant variety protection, and is helpful to promote the development of new plant variety protection in our country. After artificial breeding or discovery of wild plants to improve, with novelty, specificity, consistency, stability and appropriate naming of plant varieties, is the legal definition of new plant varieties in the new seed law. That is to say, it is not possible to apply for the protection of new varieties by digging up a plant resource from an old known public variety that has been used in production for many years without any improvement or innovation.

We will effectively protect farmers' right to use seeds. The breeding materials of farmers' self-use authorized varieties do not belong to infringement, but the farmers here refer to farmers who carry out household land contracting. Obviously, large farmers who carry out large-scale land contract management through land transfer should not belong to this category, otherwise it is unfair to the breed owner.

Attach great importance to the safety evaluation of transgenic plants. Article 7 of the new seed law stipulates that the breeding, testing, approval and promotion of transgenic plant varieties should be evaluated and strict safety control measures should be taken. The competent department of agriculture and forestry under the State Council shall strengthen follow-up supervision and timely announce the information on the examination and popularization of genetically modified plant varieties. The specific measures shall be formulated by the State Council.

Article source: People's Daily