Voluntary Report - public distribution

**Date:** 3/9/2006

**GAIN Report Number:** CH6008

CH6008

**China, Peoples Republic of**

**Planting Seeds**

**Administrative Measures for Grass Seeds**

**2006**

**Approved by:**

![](media/image1.wmf)Casey Bean

U.S. Embassy Beijing, Office of Agriculture Affairs

**Prepared by:**

Wu Xinping

**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.

Includes PSD Changes: No

Includes Trade Matrix: No

Unscheduled Report

Beijing \[CH1\]

\[CH\]

**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.

BEGIN TRANSLATION

# Decree No. 56 of the Ministry of Agriculture of the People's Republic of China

The Administrative *Measures for Grass Seeds*, adopted at the 2^nd^
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 25^th^, 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 Testin*g, 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.\
\
　　

End of Translation