Regulations of Henan Province on the Management of Crop Seeds (Revised 1997)

Chapter I General Provisions Article 1 In order to strengthen the management of crop seeds (hereinafter referred to as seeds), safeguard the legitimate rights and interests of seed breeders, producers, operators and users, ensure the quality of seeds and promote the development of agricultural production, these Regulations are formulated in accordance with the relevant laws and regulations of the State Council and the actual situation of our province. Article 2 The term "seeds" as mentioned in these Regulations refers to seeds, fruits, roots, stems, seedlings, buds and other propagating materials used in agricultural production. Article 3 All units and individuals engaged in seed breeding, production, inspection, quarantine, operation, use and management within this province must abide by these regulations. Article 4 People's governments at all levels shall strengthen their leadership in seed management, incorporate the breeding, production, management and popularization of improved varieties into the development plan of agricultural production, and encourage units and individuals engaged in agricultural production to adopt improved varieties.

Agricultural administrative departments at all levels shall be in charge of seed work within their respective administrative areas.

Industry and commerce administration, taxation, price, finance, banking, food, technical supervision, transportation, posts and telecommunications and other departments should cooperate closely with the administrative department of agriculture to do a good job in seed management. Article 5 The seed management institutions of the agricultural administrative departments of the people's governments at or above the county level shall be responsible for the daily work of seed management within their respective administrative areas.

The seed companies of the agricultural administrative departments of the people's governments at or above the county level are the main units that produce and manage seeds, and undertake the task of regulating seed production and surplus and deficiency within their respective administrative areas.

Seed management institutions and seed companies at all levels should strictly separate institutions from business. Article 6 The main responsibilities of seed management institutions are:

(a) to publicize and implement the national guidelines, policies, regulations and these regulations on seed management;

(two) to formulate plans for breeding, introduction, propagation and popularization of improved varieties, and supervise their implementation;

(three) responsible for seed varieties, production, quality, price and market management;

(four) responsible for the training of seed management and technical personnel;

(five) to investigate and deal with units and individuals that illegally produce and operate seeds;

(six) to guide the seed management of seed management institutions at lower levels. Article 7 The State encourages scientific research on seeds, popularizes advanced technologies and improves the scientific and technological level of seed work. Eighth seed production and promotion should implement the regionalization of variety layout, specialization of production, mechanization of processing and standardization of quality, and organize seed supply in a planned way by the county as a unit. Chapter II Management of Variety Resources Article 9 The collection, arrangement, preservation, provision, research and utilization of variety resources shall be the responsibility of the Provincial Academy of Agricultural Sciences. Tenth introduction of crop variety resources from abroad, must go through the formalities in accordance with the relevant provisions of the state, and at the same time to register with the provincial Academy of Agricultural Sciences, and in accordance with the provisions of the attached amount of seeds for preservation and utilization. Article 11 Crop variety resources imported from abroad shall be isolated for trial planting and identification with plant quarantine certificates, and can only be used if no quarantine objects are found. Article 12 The provision or donation of crop variety resources within the scope specified in the Catalogue for Foreign Exchange of Crop Variety Resources in China issued by the State Council shall be approved by the Provincial Academy of Agricultural Sciences and reported to the provincial administrative department of agriculture; Beyond this range, the provincial agricultural administrative department shall report to the national agricultural administrative department for examination and approval. Chapter III Breeding and Approval of Varieties Article 13 Breeding of new crop varieties shall be carried out by the agricultural administrative department of the people's government at or above the county level in conjunction with relevant departments in accordance with the unified national planning, and relevant scientific research, teaching and production units shall be organized.

The state encourages collectives and individuals to cultivate new varieties of crops. Fourteenth Provincial Crop Variety Approval Committee (hereinafter referred to as the Audit Committee) unified management of the province's new crop variety approval work. Its duties are:

(1) Organizing the intermediate test of new crop varieties (regional test and production demonstration);

(two) examination and approval of newly bred and newly introduced crop varieties;

(3) Issuing certificates to new varieties that have passed the examination and approval;

(4) Registration, numbering, naming and release of new varieties.

City (prefecture) crop variety review team, responsible for the preliminary examination and recommendation of new varieties in the region, and do a good job in the intermediate test of new varieties in the province. Article 15. Newly bred varieties submitted for trial shall have regional trials for 2 to 3 years and production demonstration results for 1 to 2 years (regional trials and production demonstrations may be conducted alternately, but the whole process shall not be less than 3 years), and the yield shall be more than 65,438+00% of the local main varieties of the same type, or the yield shall be significantly improved through biostatistics tests; The newly bred varieties with special excellent characters can also be submitted for trial according to the relevant provisions of the Provincial Quality Review Committee.

Varieties introduced from outside the province, after the regional test in this province, have appropriate performance and have more than two years of production demonstration results, and can also be submitted for trial. Sixteenth new varieties of crops to be operated and popularized shall be examined and approved. The quality examination and approval committee shall complete the examination and approval of new varieties submitted for examination and approval within one year. Article 17 Among the crop varieties examined and approved by the Provincial Quality Inspection Commission, no unit or individual may assign them at will, or use them for production, publicity or promotion, or submit breeding, introduction and promotion awards. Eighteenth new varieties that performed well in the pilot test, with the approval of the provincial quality approval meeting, can be arranged by the provincial seed management institutions to breed a small number of original seeds. The original seeds produced should be strictly managed and demonstrated within the scope selected by the seed management agency. Article 19 During the production and utilization period, breeding units or individuals shall regularly provide seed management institutions with a specified number of original seeds for high-magnification reproduction, and put forward corresponding cultivation techniques for popularization and application in production.

Patent protection and technology transfer of seed technology shall be handled in accordance with the Patent Law of People's Republic of China (PRC) and relevant state regulations on technology transfer.

The new varieties approved by the Provincial Quality Inspection Commission shall be subject to the paid transfer system. The standards and extraction methods of transfer fees shall be formulated separately by the provincial people's government.