When will the new seed law be implemented in 2021?

Legal Analysis

The 32nd Session of the Standing Committee of the 13th National People’s Congress made the latest changes to the Seed Law. The newly revised "Seed Law of the People's Republic of China" will come into effect on March 1, 2022. The "Seed Law of the People's Republic of China" is to protect and rationally utilize germplasm resources, standardize variety selection, seed production, operation and management activities, protect new plant variety rights, and safeguard the legitimate rights and interests of seed producers, operators, and users. , improve seed quality, promote seed industrialization, develop the modern seed industry, ensure national food security, and promote the development of agriculture and forestry. This Law shall apply to activities such as variety selection, seed production, operation and management within the territory of the People's Republic of China. The term “seeds” as used in this Law refers to the planting materials or propagation materials of crops and forest trees, including grains, fruits, roots, stems, seedlings, buds, leaves, flowers, etc.

Legal Basis

"Seed Law of the People's Republic of China"

Article 3 The agriculture and forestry authorities of the State Council are responsible for the national crop seeds and forest trees respectively. Seed work; the agriculture and forestry departments of local people's governments at or above the county level are responsible for crop seeds and forest tree seeds within their respective administrative regions.

People's governments at all levels and their relevant departments should take measures to strengthen seed law enforcement and supervision, and punish illegal seed violations that infringe on farmers' rights and interests in accordance with the law.

Article 4 The state supports the protection of germplasm resources and the selection, production, renewal, promotion and use of improved varieties, encourages the combination of variety selection and seed production and operation, and rewards those who work in the protection of germplasm resources and the selection of improved varieties. Units and individuals with outstanding achievements in education, promotion and other work.

Article 5 People’s governments at or above the provincial level shall formulate seed industry development plans and organize their implementation in accordance with the policy of promoting agriculture through science and education and the needs of agricultural and forestry development.

Article 6 People's governments at or above the provincial level shall establish a seed reserve system, which shall be mainly used for production needs and surplus and shortage adjustments in the event of disasters, and to ensure the safety of agricultural and forestry production. Reserved seeds should be regularly inspected and updated. Specific measures for seed reserve shall be stipulated by the State Council.