# Seed Law of the People's Republic of China (2021)

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(Adopted at the 16th Meeting of the Standing Committee of the Ninth National People's Congress on July 8, 2000, amended for the first time in accordance with the Decision on Amending the Seed Law of the People's Republic of China adopted at the 11th Meeting of the Standing Committee of the Tenth National People's Congress on August 28, 2004, amended for the second time in accordance with the Decision on Amending the Law of the People's Republic of China on Protection of Cultural Relics and Other Eleven Laws adopted at the 3rd Meeting of the Standing Committee of the Twelfth National People's Congress on June 29, 2013, revised at the 17th Meeting of the Standing Committee of the Twelfth National People's Congress on November 4, 2015, and amended for the third time in accordance with the Decision on Amending the Seed Law of the People's Republic of China adopted at the 32nd Meeting of the Standing Committee of the Thirteenth National People's Congress on December 24, 2021.)

## Chapter I General Provisions

Article 1
This Law is formulated for the purposes of protecting and making rational exploitation of germplasm resources, regulating the selective breeding of varieties, the production and business operation of seeds and seed-related administration, strengthening scientific and technological research in the seed industry, encouraging breeding innovation, protecting the new plant variety right, safeguarding the lawful rights and interests of seed producers, operators and users, improving the quality of seeds, developing a modern seed industry, ensuring national food security, and promoting the development of agriculture and forestry.
Article 2
This Law shall apply to the activities, such as the selective breeding of varieties, the seed production and business operation and seed-related administration within the territory of the People's Republic of China.
Seeds referred to in this Law mean the planting or propagating material of crops and forest trees, such as grains, fruits, roots, stems, seedlings, sprouts, leaves and flowers.
Article 3
The competent department of agriculture and rural affairs and the competent department of forestry and grassland under the State Council shall be respectively in charge of the work related to crop and forest tree seeds throughout the country. The competent departments for agriculture and rural affairs and the competent departments for forestry and grassland under the local people's governments at or above the county level shall be respectively in charge of the work related to crop and forest tree seeds within their administrative regions.
The people's governments at all levels and their relevant departments shall take measures to strengthen seed-related law enforcement and supervision, and punish illegal acts that infringe the lawful rights and interests of farmers in accordance with law.
Article 4
The state supports the protection of germplasm resources and the selective breeding, production, replacement, and promotion of improved varieties, encourages the integration of selective breeding of varieties and the seed production and business operation, and rewards the entities and individuals that achieve outstanding successes in the work such as the protection of germplasm resources and the selective breeding and promotion of improved varieties.
Article 5
The people's governments at or above the provincial level shall make development plans for the seed industry in accordance with the guidelines for developing agriculture with the help of science and education and in light of the need for the development of agriculture and the forestry, and ensure the implementation of such plans.
Article 6
The people's government at or above the provincial level establishes a seed reserve system, mainly to meet the need for production in times of calamities and to redistribute surplus seeds to ensure the security of agriculture and forestry. The reserved seeds shall be regularly inspected and replaced. The specific measures for seed reserves shall be formulated by the State Council.
Article 7
The selective breeding, trial, review and decision procedure, and promotion of genetically modified plant varieties shall be subject to safety assessment, and strict safety control measures shall be taken. The competent department of agriculture and rural affairs and the competent department of forestry and grassland under the State Council shall strengthen tracing and regulation, and publish the information on the review and decision and the promotion of genetically modified plant varieties in time. The specific measures in this respect shall be formulated by the State Council.

## Chapter II Protection of Germplasm Resources

Article 8
The state protects germplasm resources in accordance with law, and no entity or individual shall misappropriate or damage germplasm resources.
Collecting or cutting plants with key state-protected natural germplasm resources is prohibited. Where such collection or cutting is required under special circumstances such as scientific research, it shall be subject to approval by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council or under the people's government of the province, autonomous region, or municipality directly under the Central Government.
Article 9
The state, in a planned way, surveys, collects, sorts out, identifies, registers, conserves, exchanges, and exploits germplasm resources, focuses on collecting valuable and rare, endangered and endemic resources and distinctive local varieties, and regularly publishes the catalogs of available germplasm resources. The specific measures in this respect shall be formulated by the competent department of agriculture and rural affairs and the competent department of forestry and grassland under the State Council.
Article 10
The competent department of agriculture and rural affairs and the competent department of forestry and grassland under the State Council shall establish banks, reserves, or protected areas of germplasm resources. The competent departments for agriculture and rural affairs and the competent departments for forestry and grassland under the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government may, in light of the need, establish banks, reserves, or protected areas of germplasm resources. Germplasm resources in such banks, reserves, and protected areas are public resources that shall be accessible for exploitation in accordance with law.
The occupation of any bank, reserve, or protected area of germplasm resources must be approved by the founder of the said bank, reserve, or protected area.
Article 11
The state has sovereignty over germplasm resources. Any entity or individual shall make an application to the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council for approval and simultaneously submit a benefit-sharing plan before providing germplasm resources abroad or cooperating with a foreign institution or individual in research on germplasm resource exploitation. The competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council may entrust the competent departments of agriculture and rural affairs or the competent departments of forestry and grassland under the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government to receive application materials. The competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council shall inform the competent department of ecology and environment under the State Council of the approval.
Any introduction of germplasm resources from abroad shall be handled in accordance with the relevant regulations of the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council.

## Chapter III Selective Breeding, Review and Decision Procedure, and Registration of Varieties

Article 12
The state supports scientific research institutes and higher education institutions in carrying out research on the basic, frontier, or applied technologies concerning variety breeding and on biological breeding technologies, and supports research for public interests such as the breeding of conventional crop varieties and major afforestation tree varieties, and the selective breeding of vegetative propagating material.
The state encourages seed enterprises to fully exploit the research for public interests to breed superior varieties of independent intellectual property rights. The state encourages seed enterprises to build technological research and development platforms with scientific research institutes and higher education institutions and to tackle key problems in the breeding of main food crops and economically important crops, and forms a market-oriented, benefit-sharing and risk-sharing technological innovation system for the seed industry which combines the efforts of industries, universities and research institutes.
The state strengthens the capacity for scientific and technological innovation in the seed industry, promotes the translation of relevant scientific and technological research, and safeguards the lawful rights and interests of scientific and technical personnel in the industry.
Article 13
The patent rights on breeding inventions and the rights of new plant varieties, which are the research results of government-funded projects, shall be acquired by the authorized project contractors in accordance with law, except for those involving national security, national interests, or major public interests.
Transfer and licensing of the research results of breeding projects mainly funded by the governments shall be carried out publicly in accordance with law, and shall not be done secretly.
Article 14
Where the earnings of entities or individuals are reduced because the competent department of forestry and grassland establishes test plantations, trial plantations, superior tree varieties collection areas or gene banks for selective breeding of improved forest tree varieties, the competent department of forestry and grassland that approves the establishment of the abovementioned areas shall make financial compensation to the entities or individuals in accordance with the relevant regulations of the state.
Article 15
The state implements a review and decision system for main crop and forest tree varieties. Main crop or forest tree varieties shall pass the national-level or provincial-level review and decision before promotion. Main forest tree varieties determined by the competent departments for forestry and grassland under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be subject to review and decision at the provincial level.
Varieties subject to review and decision shall meet the distinctness, uniformity, and stability requirements.
The review and decision measures of main crop or forest tree varieties shall be formulated by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council. Such measures shall embody the principles of impartiality, openness, scientificity, and efficiency, be conducive to the improvement and coordination of the yield, quality, resistance and other aspects, and be conducive to the promotion of the varieties that meet market and consumption needs. In formulating and amending such measures, the opinions of breeders, seed users, seed producers and operators, and representatives of the relevant industries shall be fully heard.
Article 16
The competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council or under the people's government of a province, autonomous region, or municipality directly under the Central Government shall respectively set up a review and decision committee for crop varieties or one for forest tree varieties, which are composed of professionals. The variety review and decision committee shall be in charge of the review and decision of main crop or forest tree varieties and create review and decision files, such as application documents, data of review and decision trials, seed samples, opinions and conclusions of review and decision to ensure traceability. The opinions put forward during the review and decision shall be included in the information published on a variety that has been adopted in the review and decision in accordance with law for supervision.
A recusal system is implemented in the review and decision of seed varieties. Committee members and staff members of variety review and decision committees and relevant technicians responsible for testing or trial shall be devoted to their duties and be impartial and honest. The competent department of agriculture and rural affairs or the competent department for forestry and grassland under the people's government at or above the provincial level and the relevant authorities shall, in accordance with law, promptly handle the illegal acts of any of the aforementioned persons as reported by any entity or individual or discovered through supervision and inspection.
Article 17
Where seed enterprises integrate the selective breeding of varieties and the seed production and business operation, and comply with the relevant conditions prescribed by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council, the enterprises may, in accordance with the measures for review and decision, complete by themselves the trial on independently developed main crop or forest tree varieties; if such trial results reach the review and decision standards, the variety review and decision committees shall issue review and decision certificates. The seed enterprises shall be responsible for the authenticity of the trial data, ensure traceability and accept supervision by the competent departments of agriculture and rural affairs or the competent departments of forestry and grassland under the people's governments at or above the provincial level as well as by the public.
Article 18
Where crop or forest tree varieties fail to be adopted in the review and decision and the applicants have objections thereto, they may apply for a reexamination to the original review and decision committee or to the review and decision committee at the national level.
Article 19
A crop variety or an improved forest tree variety that has been adopted in the review and decision at the national level shall be announced by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council, and may be promoted in suitable ecoregions throughout the country. A crop variety or an improved forest tree variety that has been adopted in the review and decision at the provincial level shall be announced by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the people's government of the province, autonomous region, or municipality directly under the Central Government, and may be promoted in suitable ecoregions in the administrative region that makes the announcement; where the crop variety or improved forest tree variety is introduced to the regions of another province, autonomous region, or municipality directly under the Central Government in a same type of suitable ecoregion, the introducer shall file, for the record, the information of the variety and the regions intended for the introduction with the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the local people's government of the province, autonomous region, or municipality directly under the Central Government.
Any exotic forest tree variety to be introduced to a region shall pass the trial in accordance with the national standards on variety introduction.
Article 20
The competent departments for agriculture and rural affairs and the competent departments for forestry and grassland under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall improve the regional coordination mechanisms for the selective breeding and the review and decision of varieties, and facilitate the selective breeding and promotion of superior varieties.
Article 21
Where a crop or an improved forest tree variety that has been adopted in the review and decision is unsuitable for continued promotion or sale under the circumstances such as with a serious insurmountable defect, the prior review and decision shall be revoked upon examination and confirmation by the original review and decision committee, the announcement shall be issued by the original announcing department, and the promotion and sale of the said variety shall be ceased.
Article 22
The state implements a registration system for some non-main crop varieties. Varieties included in the registration catalogue of non-main crop varieties shall be registered prior to the promotion.
The scope of crops subject to variety registration shall be strictly limited and determined according to the principles of conserving biodiversity and ensuring the safety of consumers and the safety of seed utilization. The registration catalogues shall be compiled and revised by the competent department of agriculture and rural affairs under the State Council.
An applicant of variety registration shall submit application documents and seed samples to the competent department of agriculture and rural affairs under the people's government of the province, autonomous region, or municipality directly under the Central Government, be responsible for their authenticity, ensure the traceability, and accept supervision and inspection. The application documents shall include the species, denomination, origin, characteristics, breeding process and testing reports on the applied variety's distinctness, uniformity, and stability.
The competent department of agriculture and rural affairs under the people's government of the province, autonomous region, or municipality directly under the Central Government shall conduct a formalities examination of the application documents within 20 working days from the date it accepts the application for variety registration and, in the case of compliance, report the matter to the competent department of agriculture and rural affairs under the State Council for registration announcement.
Where the application documents or the seed samples of a registered variety are found to be false, the competent department of agriculture and rural affairs under the State Council shall revoke the registration of the said variety, include the information of the violation in the social credit file of the said applicant, and publish such information; where losses are therefore caused to seed users or other seed producers or operators, the liability for compensation shall be borne in accordance with law.
Where a registered variety falls under circumstances such as with a serious insurmountable defect, the competent department of agriculture and rural affairs under the State Council shall revoke the registration, issue an announcement, and the promotion of such variety shall be ceased.
The measures for registering non-main crop varieties shall be formulated by the competent department of agriculture and rural affairs under the State Council.
Article 23
A crop variety that has not gone through the review and decision procedure as required shall not be advertised, promoted, or sold.
A forest tree variety that has not gone through the review and decision procedure as required shall not be promoted or sold as an improved variety. However, where such variety is indeed needed for production, the matter shall be submitted to the forest tree variety review and decision committee for confirmation.
A crop variety that is not registered as required shall not be advertised or promoted, nor shall such variety be sold in the name of a registered variety.
Article 24
Where foreign institutions or individuals with no habitual residences or business premises within China apply for the review and decision or the registration of varieties in China, they shall entrust domestic seed enterprises with the legal person status to serve as their agents.

## Chapter IV Protection of New Varieties

Article 25
The state implements a system for new plant variety protection. A plant variety artificially selected or improved from a discovered wild plant genus or species in the national lists of protected plant varieties, which is new, distinct, uniform, and stable, and whose denomination is appropriately designated, shall be granted the new plant variety right by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council to protect the lawful rights and interests of the right holder. The contents and the holder of the plant variety right, conditions for its grant, application and acceptance, review and approval, duration, termination and nullification of variety rights shall be regulated by the provisions of this Law and other relevant laws and administrative regulations.
The state encourages and supports scientific and technological innovation in the seed industry, the breeding of new plant varieties, and the translation of relevant research. Where the protected varieties are promoted and applied, the breeders shall obtain corresponding economic interests in accordance with law.
Article 26
The plant variety right to one new plant variety may only be granted to one breeder. Where two or more breeders file applications respectively for the variety right to the same variety, the right shall be granted to the applicant whose application has been filed first; in the case of simultaneous applications, the variety right shall be granted to the applicant who has first accomplished the breeding of the said variety.
For any new plant variety that is in violation of the law or harmful to the public interest or ecological environment, the plant variety right shall not be granted.
Article 27
The denomination of a new plant variety with the plant variety right granted shall be distinguishable from the denomination of any other known variety of the same or similar botanical genus or species. The said denomination of the new plant variety, after the variety right is granted to it, shall be the generic designation of the new plant variety.
The following denominations may not be used in the designation of a protected variety:
(1) those consisting solely of figures;
(2) those in violation of social morality; or
(3) those liable to mislead concerning the features or characteristics of the new plant variety or the identity of the breeder.
The denomination used in applying for the protection, review and decision, registration, promotion, and in the sale of a new plant variety shall be the same. The seeds produced for promotion or sale shall conform with the samples submitted for applying for new plant variety protection, variety review and decision, or variety registration.
Article 28
A plant variety right holder has the exclusive right to his protected variety. The variety right holder may license others to exploit the variety right and collect license fees as agreed in the contract; the license fees may be collected in the forms such as a fixed price or a commission from the promotion income.
No entity or individual shall, without the consent of the variety right holder, produce, propagate, treat for propagating purposes, offer for sale, sell, import, export, or store the propagating material of the said protected variety for the purpose of performing the aforementioned acts, or shall repeatedly use for commercial purposes the propagating material of the said protected variety in the production of the propagating material of another variety, unless otherwise provided by this Law or other relevant laws or administrative regulations.
Where any of the acts provided for in the preceding paragraph is performed, which involves harvested material obtained by the unauthorized use of propagating material of the protected variety, authorization shall be obtained from the variety right holder, unless the variety right holder has had a reasonable opportunity to exercise his right in relation to the propagating material.
Where any of the acts provided for in the preceding two paragraphs is performed on an essentially derived variety, the consent of the variety right holder of the initial variety shall be obtained.
The steps and measures for implementing the system for the essentially derived variety shall be formulated by the State Council.
Article 29
Where a protected variety is exploited under any of the following circumstances, the exploitation may be allowed without the authorization from or the payment of a royalty to the variety right holder, but it shall not infringe upon other rights of the variety right holder in accordance with this Law or other relevant laws or administrative regulations:
(1) the exploitation of the protected variety for breeding and other scientific research activities; or
(2) the use by farmers for propagating purposes, on their own holdings, of the product of the harvest which they have obtained by planting propagating material of the protected variety on their own holdings.
Article 30
For national interests or public interests, the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council may make a decision to grant a compulsory license for the exploitation of a variety right, and register and announce it.
Any entity or individual that has obtained a compulsory license for exploitation neither has an exclusive right to exploiting the variety right nor has the right to authorizing exploitation by others.

## Chapter V Seed Production and Business Operation

Article 31
The production and operation licenses of seed enterprises engaged in importing and exporting seeds shall be issued by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council. The competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council may entrust the competent departments of agriculture and rural affairs or the competent departments of forestry and grassland under the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government to receive application materials.
The seed production and operation licenses of the seed enterprises engaged in the production and business operation of hybrid seeds and their parent seeds of main crops and propagating material of improved forest tree varieties, as well as the licenses of the crop seed enterprises that combine the selective breeding of varieties and the production and business operation of seeds in compliance with the conditions prescribed by the competent department of agriculture and rural affairs under the State Council, shall be issued by the competent departments of agriculture and rural affairs or the competent departments of forestry and grassland under the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government.
The licenses for seed production and business operation other than those provided for in the preceding two paragraphs shall be issued by the competent departments of agriculture and rural affairs or the competent departments of forestry and grassland under the local people's governments at or above the county level where the producers or operators are located.
Producers only engaged in producing non-main crop seeds or non-main forest tree seeds are not required to apply for seed production and operation licenses.
Article 32
The applicants applying for the seed production and operation licenses shall have the facilities, equipment, and specialized technicians that are suitable for seed production or operation and meet other requirements prescribed by regulations and those set by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council.
Seed producers shall have both the isolating and breeding conditions for propagating seeds and have seed production bases free of quarantine pests or seed stands designated by the competent departments of forestry and grassland under the people's governments at or above the county level.
The applicants applying for the production and operation licenses of the seeds of protected varieties shall obtain written consent from the variety right holders.
Article 33
A seed production and operation license shall clearly specify matters such as the name, address, and legal representative of the producer or operator, the varieties and the production sites of the seeds, the business scope, the period of validity, and the region of validity.
Where there is a change in any of the matters provided for in the preceding paragraph, an application for alteration of registration shall be filed to the original license-issuing authority within 30 days from the date of the change.
Unless otherwise provided by this Law, any entity or individual is prohibited from seed production or business operation without obtaining a seed production and operation license or in violation of the provisions of the license. Forging, altering, trading in, or leasing a seed production and operation license is prohibited.
Article 34
Seed production shall be in compliance with the technical rules for seed production and the rules for seed inspection and quarantine to ensure that seeds meet quality requirements such as analytical purity, varietal purity, and germination and quarantine requirements.
The competent departments of agriculture and rural affairs and the competent departments of forestry and grassland under the people's governments at or above the county level shall provide guidance and support for seed producers and operators in adopting advanced seed production technologies, improving production processes, and enhancing seed quality.
Article 35
Collection of seeds within forest seed production bases shall be organized by the operators of the seed production bases, and the seeds shall be collected in accordance with the relevant national standards.
Plundering unripe seeds and damaging mother trees are prohibited, and collecting seeds in inferior forest stands or from inferior mother trees is prohibited.
Article 36
Seed producers and operators shall create and keep files of the seed production and business operation, which contain contents including seed origins, production sites, quantity, quality, purchaser's names, sale dates, and relevant responsible persons to ensure traceability. The specific matters to be specified in a file of the seed production and business operation and the period for keeping such a file and the seed samples shall be stipulated by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council.
Article 37
Where farmers have surplus conventional seeds, which they have obtained by planting on their own holdings propagating material of the protected variety, they may sell and exchange the said seeds at the local rural fairs, and are not required to apply for a seed production and operation license.
Article 38
The region of validity of a seed production and operation license shall be determined by the license-issuing authority within its jurisdiction. Where a seed producer or operator establishes branch offices within the region of validity specified in the license, or specially operates the business of packaged seeds that are not to be repackaged into smaller packages, or produces or sells seeds based on a written commission as an agent of another seed producer or operator possessing a license, the said seed producer or operator is not required to apply for a seed production and operation license but shall file for the record with the competent local department of agriculture and rural affairs or the competent department of forestry and grassland.
The region of validity of a production and operation license issued to a seed enterprise that integrates the selective breeding of varieties and the production and operation of seeds, and complies with the conditions prescribed by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council, shall be the whole country.
Article 39
Seeds for sale shall be processed, graded, and packaged, except those that cannot be processed or packaged.
The seeds in large packages or the imported seeds may be repackaged into smaller packages; in such cases, the repackaging units shall be clearly indicated, and the operators shall be accountable for the quality of such seeds.
Article 40
Seeds for sale shall be in compliance with the national or industrial standards, with labels and instructions for use attached thereto. The contents indicated on the labels and in the instructions shall be consistent with the seeds for sale. The seed producers and operators shall be accountable for the authenticity of such contents and the quality of the seeds.
The label shall clearly indicate the category of the seeds, variety denomination, variety review and decision or registration serial number, suitable planting areas and seasons, producer and operator and its place of incorporation, quality index, serial number of quarantine certificate, serial number and information code of the seed production and operation license, and other matters as prescribed by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council.
For the sale of the seeds of a protected variety, the serial number of the variety right shall be indicated.
For the sale of imported seeds, the import review and approval number and a label in Chinese shall be attached.
For the sale of the seeds of genetically modified plant varieties, it must be clearly stated in labelling, and safety control measures shall be indicated for their use.
Seed producers and operators shall observe relevant laws and regulations, follow the principle of good faith, provide seed users with producers' information, main traits of seeds, main cultivation measures, adaptability and other instructions for use, risk warning and relevant consulting services, and shall not engage in the false or misleading promotion.
No entity or individual shall illegally interfere in the seed producers' or operators' right to freedom of production or operation.
Article 41
The contents of seed advertisements shall conform to the provisions of this Law and laws and regulations on advertising, and the descriptions, such as those of the main traits, shall be consistent with those stated in the review and decision or the registration announcements.
Article 42
Seeds to be transported or mailed shall be subject to quarantine in accordance with the provisions of relevant laws and administrative regulations.
Article 43
Seed users have the right to purchase seeds according to their own will. No entity or individual shall illegally interfere in such purchase.
Article 44
The state supports the afforestation with improved forest tree varieties. For the afforestation projects invested or mainly invested by the state and for afforestation by state-owned forestry entities, improved forest tree varieties shall be exploited in accordance with the plans formulated by the competent department of forestry and grassland.
Article 45
Where seed users suffer losses due to seed quality problems or untrue contents indicated on the labels or in the instructions for use of seeds, they may request the seed sellers to make compensation or may request the seed producers or other operators to make compensation. The amount of compensation shall include the purchase price of the seeds, the loss of obtainable benefits, and other losses. Where the liability is attributed to the seed producers or other operators, the seed sellers who have made compensation have the right to indemnification against the said producers or other operators; where the liability is attributed to the seed sellers, the seed producers or other operators who have made compensation have the right to indemnification against the said sellers.

## Chapter VI Seed-Related Supervision and Administration

Article 46
The competent departments of agriculture and rural affairs and the competent departments of forestry and grassland shall strengthen supervision and inspection of seed quality. The measures for the administration of seed quality, the seed industry standards, and the methods for seed inspection shall be formulated by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council.
The competent departments of agriculture and rural affairs or the competent departments of forestry and grassland may adopt rapid testing methods prescribed by the state to test the seed varieties under production or business operation, and the test results may be the basis for administrative penalties. Whoever inspected has any objection to the test results may apply for a retest which shall not adopt the same test method. Where losses are caused to a party due to erroneous test results, the liability for compensation shall be borne in accordance with law.
Article 47
The competent departments of agriculture and rural affairs or the competent departments of forestry and grassland may entrust seed quality inspection institutions with the inspection work.
The institutions for seed quality inspection shall have the corresponding test conditions and capabilities, and pass the qualification evaluation by the relevant competent departments under the people's governments at or above the provincial level.
Seed quality inspection institutions shall have inspectors. Seed inspectors shall have diplomas from specialized secondary schools or above in the relevant majors and possess the capability for seed inspection.
Article 48
Production or business operation of fake or inferior seeds is prohibited. The competent departments for agriculture and rural affairs, the competent departments for forestry and grassland and other relevant departments shall crack down on the illegal acts of production and business operation of fake and inferior seeds in accordance with law to protect the lawful rights and interests of farmers and maintain a market order of fair competition.
The following are fake seeds:
(1) the non-seed material passed off as seeds, or the seeds of one variety passed off as the seeds of another variety; and
(2) the seeds whose species or variety is not in agreement with the contents indicated on the label, or the seeds with no label attached.
The following are inferior seeds:
(1) the seeds whose quality is below the standards prescribed by the state;
(2) the seeds whose quality is below the indices indicated on the label; and
(3) the seeds carrying quarantine pests prescribed by the state.
Article 49
The competent departments of agriculture and rural affairs and the competent departments of forestry and grassland are the seed-related law enforcement organs. When performing official duties in accordance with law, seed law enforcement officers shall produce their law enforcement certificates. When performing the duty of seed-related supervision and inspection in accordance with law, the competent departments of agriculture and rural affairs and the competent departments of forestry and grassland shall have the right to take the following measures:
(1) conducting the onsite inspection of production and operation premises;
(2) conducting seed sample test, trial, or inspection;
(3) checking and duplicating the relevant contracts, bills, account books, production and business operation files, and other relevant materials;
(4) sealing up and seizing the seeds involved in illegal production or business operation as proved by evidence, as well as the tools, equipment and means of transport used for the illegal production or business operation; and
(5) sealing up the premises used for illegal seed production or operation.
Where the competent departments of agriculture and rural affairs or the competent departments of forestry and grassland perform their functions in accordance with this Law, the party concerned shall assist and cooperate with them and shall not refuse or obstruct the performance of such functions.
The comprehensive law enforcement agencies subordinate to the competent departments of agriculture and rural affairs or the competent departments of forestry and grassland, or the seed administrative agencies entrusted by such departments may perform the seed-related law enforcement work.
Article 50
Seed producers and operators may, in accordance with law, voluntarily establish the seed industry association to strengthen the industry self-regulation, safeguard the lawful rights and interests of the members, and provide information exchange, technical training, credit building, marketing, consultation and other services for members and industry development.
Article 51
Seed producers and operators may voluntarily apply to qualified certification institutions for seed quality certification. Where the seeds have been certified, a certification mark may be used on their packages.
Article 52
Where, due to force majeure, in light of the need for production, the crop seeds below the national or local standards must be used, such use shall be subject to approval by the local people's government at or above the county level where the seeds are to be used.
Article 53
The entities or individuals engaged in selective breeding of varieties, production or business operation of seeds, or seed-related administration shall observe the provisions of the laws and administrative regulations on plant quarantine to prevent diseases, insect pests, weeds, and other pests that are hazardous to plants from transmitting and spreading.
Any entity or individual is prohibited from conducting quarantine pest inoculation trials at seed production bases.
Article 54
The competent department of agriculture and rural affairs or the competent department of forestry and grassland under the people's government at or above the provincial level shall disclose, via unified government information platforms, the information on variety review and decision, variety registration, new plant variety protection, seed production and operation licensing, seed-related supervision and administration, and other information.
The competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council establishes standard sample banks for plant varieties to provide the basis for seed-related supervision and administration.
Article 55
The competent departments of agriculture and rural affairs and the competent departments of forestry and grassland and their staff members shall not participate in or engage in seed production or business operation activities.

## Chapter VII Import and Export of Seeds and International Cooperation

Article 56
Any seed imported or exported must be subject to quarantine to prevent diseases, insect pests, weeds or other pests that are hazardous to plants from spreading into or out of China, and the specific quarantine work shall be carried out in accordance with the provisions of the laws and administrative regulations on the entry and exit plant quarantine.
Article 57
Any person who engages in the import or export of seeds shall obtain the seed production and operation license; those who engage in the import or export of crop seeds shall also obtain the license for the import and export of seeds in accordance with the relevant regulations of the state.
The scope of authority for the review and decision of the introduction of crop and forest tree seeds from abroad, the measures for the review and approval of the import of crop seeds, and the measures for the administration of the introduction of genetically modified plant varieties shall be formulated by the State Council.
Article 58
The quality of the imported seeds shall reach state or industry standards. Where there are no such standards, the standards agreed on in a contract may be applied.
Article 59
Where seeds are imported to produce seeds for foreign countries, such imports may be exempt from the restrictions provided in the first paragraph of Article 57 of this Law, provided that a contract shall be signed for the production of seeds for foreign countries, the imported seeds are only to be used for seed production, and the products shall not be sold in China.
The crop or forest tree seeds introduced from abroad for trial shall be cultivated in isolation, and no harvest therefrom shall be sold as seeds.
Article 60
Fake or inferior seeds or the seeds that shall not be imported or exported by the regulations of the state are prohibited from import or export.
Article 61
The state establishes a national security review mechanism for the seed industry. Where foreign institutions or individuals invest in or make mergers and acquisitions of domestic seed enterprises or carry out technical cooperation with domestic scientific research institutes or seed enterprises to engage in variety research and development or seed production or business operation, the related review and approval shall be in compliance with the provisions of relevant laws and administrative regulations.

## Chapter VIII Support Measures

Article 62 The state enhances support for the development of the seed industry. The state provides support for variety selective breeding, production, demonstration and promotion, germplasm resource protection, seed reserves, and major seed production counties.
The state encourages and promotes the use of efficient and safe technologies as well as advanced and applicable machinery for seed production and collection, and includes such advanced and applicable machinery for seed production and collection in the scope of subsidies for the purchase of agricultural machinery and equipment.
The state actively provides guidance for private sector investment in the seed industry.
Article 63
The state improves infrastructure for public interest in the seed industry and ensures that the reasonable land use demand for breeding research facilities is met.
Cultivated land within a breeding base for dominant seed is classified as permanent basic farmland. Such bases shall be determined by the competent department of agriculture and rural affairs under the State Council through consultation with the local people's governments of provinces, autonomous regions, or municipalities directly under the Central Government.
Article 64
For the seed enterprises engaged in the selective breeding and seed production of crop and forest tree varieties, support shall be provided in accordance with the relevant regulations of the state.
Article 65
The state provides encouragement and guidance for financial institutions to provide credit support for seed production, business operation, and stockpiling.
Article 66
The state supports insurance institutions in providing seed production insurance. The people's government at or above the provincial level may take measures such as providing insurance premium subsidies to support the development of production insurance for the seed industry.
Article 67
The state encourages scientific research institutes and higher education institutions to conduct breeding scientific and technical personnel exchanges with seed enterprises and supports their own scientific and technical personnel in translating breeding research at seed enterprises; breeding scientific research talents are encouraged to make innovations and start businesses.
Article 68
The competent department of agriculture and rural affairs, the competent department of forestry and grassland under the State Council, and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government where the ex-situ breeding of seeds takes place shall improve administration and coordination of the ex-situ breeding of seeds, and the transport departments shall give priority to the transport of such seeds.

## Chapter IX Legal Liability

Article 69
Where a competent department of agriculture and rural affairs or the competent department of forestry and grassland fails to make a decision on administrative licensing in accordance with law, fails to investigate and handle a discovered or reported illegal act, or fails to perform any other duty in accordance with this Law, the people's government at the same level or the relevant department under the people's government at a higher level shall order the said competent department to make rectification, and shall impose sanctions, in accordance with law, upon the responsible persons in charge and other directly responsible persons.
Any staff member of competent departments of agriculture and rural affairs or competent departments of forestry and grassland who, in violation of the provisions of Article 55 of this Law, engages in any seed production or business operation activity shall be given a sanction in accordance with law.
Article 70
Any committee member or staff member of a variety review and decision committee who, in violation of the provisions of Article 16 of this Law, fails to perform duties in accordance with law, resorts to deception or engages in malpractices for personal gains shall be given a sanction in accordance with law; the person shall not engage in variety review and decision within five years from the date the sanction decision is made.
Article 71
Where a variety test, variety trial or seed quality inspection institution falsifies the test, trial or inspection data or issues a false certificate, it shall be ordered to make rectification by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the people's government at or above the county level, the said institution shall be fined not less than RMB 50,000 yuan but not more than RMB 100,000 yuan, and the directly responsible persons in charge and other directly responsible persons shall be respectively fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan; the illegal gains shall be concurrently confiscated if there are any; the said institution shall bear joint and several liability with the seed producer and operator where their act has caused losses to seed users or other seed producers or operators; where the circumstances are serious, the said institution shall be disqualified from seed quality inspection by the relevant competent department under the people's government at or above the provincial level.
Article 72
Where any person, in violation of the provisions of Article 28 of this Law, performs any act infringing another's variety right, the matter shall be settled by the parties through consultation, and where the parties are unwilling to conduct consultation or where the consultation fails, the variety right holder or an interested person may request the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the people's government at or above the county level to handle it or may directly file a lawsuit with the people's court.
The competent department of agriculture and rural affairs or the competent department of forestry and grassland under the people's government at or above the county level may, based on the principle of the parties' free will, mediate in compensation for the damage caused by the infringement of the variety right. Where a settlement agreement has been reached through mediation, it shall be performed by the parties concerned; where any party fails to perform the agreement or no agreement has been reached through mediation, the variety right holder or an interested person may, in accordance with law, file a lawsuit with the people's court.
The amount of compensation for the damage caused by the infringement of the variety right shall be determined in accordance with the actual losses suffered by the right holder from the infringement; where it is difficult to determine the actual losses, the amount of compensation may be determined in accordance with the interests obtained by the infringer therefrom. Where it is difficult to determine the losses suffered by the right holder or the interests obtained by the infringer, the amount of compensation may be reasonably determined based on the multiple of the license fee of the said variety right. In the case of an intentional infringement of a variety right, where the circumstances are serious, the amount of compensation may be determined as not less than one time but not more than five times the amount determined in accordance with the aforementioned method.
Where it is difficult to determine the losses suffered by the right holder, the interests obtained by the infringer, and the license fee of the variety right, a compensation of not more than RMB 5,000,000 yuan may be determined by the people's court based on factors such as the type of the variety right and the nature and circumstances of the infringing act.
The amount of compensation shall include the reasonable expenses incurred by the right holder for stopping the infringing act.
When handling a case of infringement of variety rights, the competent department of agriculture and rural affairs or the competent department for forestry and grassland under the people's government at or above the county level shall, for the purposes of safeguarding the public interests, order the infringer to stop the infringing act and confiscate the illegal gains and seeds; where the value of goods is less than RMB 50,000 yuan, a fine of not less than RMB 10,000 yuan but not more than RMB 250,000 yuan shall be concurrently imposed; where the value of goods is RMB 50,000 yuan or more, a fine of not less than five times but not more than ten times the value of the goods shall be concurrently imposed.
Where any protected variety is counterfeited, the counterfeiter shall be ordered to stop such counterfeiting act by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the people's government at or above the county level, and the illegal gains and seeds shall be confiscated; where the value of goods is less than RMB 50,000 yuan, a fine of not less than RMB 10,000 yuan but not more than RMB 250,000 yuan shall be concurrently imposed; where the value of goods is RMB 50,000 yuan or more, a fine of not less than five times but not more than ten times the value of the goods shall be concurrently imposed.
Article 73
Where any dispute arises between the parties over the right to apply for or the ownership of a variety right, they may file a lawsuit with the people's court.
Article 74
Where any person, in violation of the provisions of Article 48 of this Law, engages in the production or business operation of fake seeds, the person shall be ordered to cease production or business operation by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the people's government at or above the county level, the illegal gains and seeds shall be confiscated, and the seed production and operation license shall be revoked; where the value of goods involved in the illegal production or operation is less than RMB 20,000 yuan, a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan shall be concurrently imposed; where the value of goods is RMB 20,000 yuan or above, a fine of not less than ten times but not more than twenty times the value of the goods shall be concurrently imposed.
Where the legal representative of a seed enterprise or any other entity, or a directly responsible person in charge is sentenced to fixed-term imprisonment or above for a crime involving the production or business operation of fake seeds, the person shall not serve as the legal representative or a senior management officer of a seed enterprise within five years from the date of completion of the sentence.
Article 75
Where any person, in violation of the provisions of Article 48 of this Law, engages in the production or business operation of inferior seeds, the person shall be ordered to cease production or operation by the competent department for agriculture and rural affairs or the competent department of forestry and grassland under the people's government at or above the county level, and the illegal gains and seeds shall be confiscated; where the value of goods involved in the illegal production or business operation is less than RMB 20,000 yuan, a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan shall be concurrently imposed; where the value of goods is RMB 20,000 yuan or above, a fine of not less than five times but not more than ten times the value of goods shall be concurrently imposed; where the circumstances are serious, the seed production and operation license shall be revoked.
Where the legal representative of a seed enterprise or any other entity, or a directly responsible person in charge is sentenced to fixed-term imprisonment or above for a crime involving the production or business operation of inferior seeds, the person shall not serve as the legal representative or a senior management officer of a seed enterprise within five years from the date of completion of the sentence.
Article 76
Where any person, in violation of the provisions of Article 32, 33, or 34 of this Law, commits any of the following acts, the person shall be ordered by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the people's government at or above the county level to make rectification, and the illegal gains and the seeds shall be confiscated; where the value of goods involved in the illegal production or business operation is less than RMB 10,000 yuan, a fine of not less than RMB 3,000 yuan but not more than RMB 30,000 shall be concurrently imposed; where the value of goods is RMB 10,000 yuan or above, a fine of not less than three times but not more than five times the value of goods shall be concurrently imposed; and the seed production and operation license may be revoked:
(1) conducting seed production or business operation without obtaining the seed production and operation license;
(2) obtaining the seed production and operation license by deception, bribery, or other improper means;
(3) failing to conduct seed production or business operation in accordance with the provisions of the seed production and operation license;
(4) forging, altering, trading in, or leasing the seed production and operation license;
(5) continuing to engage in seed production when no longer meeting the isolation or breeding conditions for propagating seeds, or when no longer having the seed production bases free of quarantine pests or seed stands determined by the competent department of forestry and grassland under the people's government at or above the county level; or
(6) producing seeds without following the rules for seed inspection and quarantine.
Where the seed production and operation license of an entity is revoked, its legal representative or a directly responsible person in charge shall not serve as the legal representative or a senior management officer of a seed enterprise within five years from the date when the decision on the penalty is made.
Article 77
Where any person, in violation of the provisions of Article 21, 22, or 23 of this Law, commits any of the following acts, the person shall be ordered to stop the illegal act by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the people's government at or above the county level, the illegal gains and seeds shall be confiscated, and a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan shall be concurrently imposed:
(1) promoting or selling any crop variety that are not reviewed and decided as required;
(2) promoting or selling as an improved variety any forest tree variety that are not reviewed and decided as required;
(3) promoting or selling any crop variety or improved forest tree variety whose promotion or sale shall be ceased;
(4) promoting any crop variety that are not registered as required, or selling such crop variety in the name of a registered variety; or
(5) promoting any crop variety whose registration has been revoked, or selling such crop variety in the name of a registered variety.
Where any person, in violation of the provisions of Article 23 or 41 of this Law, publishes an advertisement on a crop variety that are not reviewed and decided or registered as required, or the descriptions of the main traits of the relevant variety in the advertisement are inconsistent with those stated in the review and decision or the registration announcement, the person shall be subject to legal liability in accordance with the relevant provisions of the Advertising Law of the People's Republic of China.
Article 78
Where any person, in violation of the provisions of Article 57, 59, or 60 of this Law, commits any of the following acts, the person shall be ordered by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the people's government at or above the county level to make rectification, and the illegal gains and the seeds shall be confiscated; where the value of goods involved in the illegal production or business operation is less than RMB 10,000 yuan, a fine of not less than RMB 3,000 yuan but not more than RMB 30,000 yuan shall be concurrently imposed; where the value of goods is RMB 10,000 yuan or above, a fine of not less than three times but not more than five times the value of goods shall be concurrently imposed; where the circumstances are serious, the seed production and operation license shall be revoked:
(1) importing or exporting seeds without authorization;
(2) selling in China the imported seeds and the seeds produced for foreign countries from such imported seeds;
(3) selling in China the harvest from crop or forest tree seeds, which are introduced from abroad for introduction trial, as seeds; or
(4) importing or exporting fake or inferior seeds or the seeds that shall not be imported or exported by the regulations of the state.
Article 79
Where any person, in violation of the provisions of Article 36, 38, 39 or 40 of this Law, commits any of the following acts, the person shall be ordered by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the people's government at or above the county level to make rectification, and shall be fined not less than RMB 2,000 yuan and not more than RMB 20,000 yuan:
(1) selling seeds that should have been packaged;
(2) selling seeds with no instructions for use attached or with labels whose contents are not in compliance with the relevant regulations;
(3) altering labels;
(4) failing to create or keep files of seed production and business operation in accordance with regulations; or
(5) failing to file for the record in accordance with regulations when a seed producer or operator establishes a branch in a different place, specially operates the business of packaged seeds that are not to be repackaged into smaller packages, or is entrusted to produce or sell seeds as an agent.
Article 80
Where any person, in violation of the provisions of Article 8 of this Law, misappropriates or damages germplasm resources or collects or cuts plants with key state-protected natural germplasm resources without approval, the person shall be ordered to stop the illegal act by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the people's government at or above the county level, the germplasm resources and the illegal gains shall be confiscated, and a fine of not less than RMB 5,000 yuan but not more than RMB 50,000 yuan shall be concurrently imposed; where any loss is caused, the liability for compensation shall be borne in accordance with law.
Article 81
Where any person, in violation of the provisions of Article 11 of this Law, provides germplasm resources abroad or introduces germplasm resources from abroad, or cooperates with any foreign institution or individual in research on germplasm resource exploitation, the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the State Council or the people's government of the province, autonomous region, or municipality directly under the Central Government shall confiscate the germplasm resources and the illegal gains, and concurrently impose a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan.
Where germplasm resources are being carried or transported out of China without obtaining the approval documents from the competent departments of agriculture and rural affairs or the competent departments of forestry and grassland, the customs shall seize the said germplasm resources and transfer the cases to the competent departments of agriculture and rural affairs or the competent departments of forestry and grassland under the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government for handling.
Article 82
Where any person, in violation of the provisions of Article 35 of this Law, plunders unripe seeds, damages mother trees, or collects seeds in inferior forest stands or from inferior mother trees, the person shall be ordered by the competent department of forestry and grassland under the people's government at or above the county level to cease such acts, the seeds collected shall be confiscated, and a fine of not less than twice but not more than five times the value of the collected seeds shall be concurrently imposed.
Article 83
Where any seed enterprise, in violation of the provisions of Article 17 of this Law, commits fraud, it shall be fined not less than RMB 1,000,000 yuan but not more than RMB 5,000,000 yuan by the competent department of agriculture and rural affairs or the competent department of forestry and grassland of the people's government at or above the provincial level, and it shall no longer apply for variety review and decision in line with provisions of Article 17 of this Law. Where any loss is caused to any seed user or any other seed producer or operator, the enterprise shall bear the liability for compensation in accordance with law.
Article 84
Where any entity, in violation of the provisions of Article 44 of this Law, fails to exploit improved forest tree varieties in accordance with the plan formulated by the competent department of forestry and grassland, the person shall be ordered to make rectification within a prescribed time limit by the competent department of forestry and grassland under the people's government at the same level; where rectification is not made prior to the expiration of the time limit, a fine of not less than RMB 3,000 yuan but not more than RMB 30,000 yuan shall be imposed.
Article 85
Any person who, in violation of the provisions of Article 53 of this Law, conducts the quarantine pest inoculation trial at a seed production base shall be ordered to cease such trial by the competent department of agriculture and rural affairs or the competent department of forestry and grassland under the people's government at or above the county level, and shall be fined not less than RMB 5,000 yuan but not more than RMB 50,000 yuan.
Article 86
Any person who, in violation of the provisions of Article 49 of this Law, refuses or obstructs the supervision and inspection conducted in accordance with law by the competent departments of agriculture and rural affairs or the competent departments of forestry and grassland, shall be fined not less than RMB 2,000 yuan but not more than RMB 50,000 yuan, and may be ordered to suspend production or business operation for rectification; where any violation of public security administration is constituted, a public security administration penalty shall be imposed by the public security organ in accordance with law.
Article 87
Any person who, in violation of the provisions of Article 13 of this Law, trades in breeding research results privately and causes any economic loss to the entity thereof, shall bear the liability for compensation in accordance with law.
Article 88
Any person who, in violation of the provisions of Article 43 of this Law, forces any seed user to purchase or use the seeds against his free will and thus causes any loss to the seed user shall bear the liability for compensation.
Article 89
Any person whose violation of this Law constitutes a crime shall be held criminally liable in accordance with law.

## Chapter X Supplementary Provisions

Article 90
The following terms in this Law mean:
(1) “Germplasm resources” mean the basic material for the selective breeding of new plant varieties, including the propagating material of the cultivars and wild species of various plants and the genetic material of the various plants artificially created with the aforementioned propagating material.
(2) “Variety” means a plant grouping selected or discovered and improved, whose individuals have the same morphological features and biological characteristics, and heritable traits are relatively stable.
(3) “Main crops” mean rice, wheat, maize, cotton, and soybean.
(4) “Main forest trees” shall be determined and published by the competent department of forestry and grassland under the State Council; no more than eight main forest trees other than those determined by the department of forestry and grassland under the State Council may be determined by the competent departments of forestry and grassland under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
(5) “Improved forest tree variety” means a main forest tree variety that has been adopted in the review and decision, which, in a given region, is obviously superior to those of the major trees currently planted in aspects such as yield, adaptability, and resistance.
(6) “Novelty” means that the seeds of a variety that an applicant applies for a new plant variety right have not been sold or promoted by or with the consent of the holder of the application right within the territory of China for longer than one year before the filing date; in a foreign territory, the seeds of woody plants or vines have not been sold or promoted for longer than six years, and the seeds of other plants have not been sold or promoted for longer than four years.
The genera or species of plants newly included in the national lists of protected plant varieties after this Law enters into force, where the applications for variety rights are filed within one year from the date of publication of such lists, and the sale or promotion of the seeds of the said varieties in China has not been longer than four years, shall have novelty.
In addition to the loss of novelty by the act of sale or promotion, novelty shall be deemed as lost under any of the following circumstances:
(i) The de facto dispersal of the variety has been confirmed by the competent department for agriculture and rural affairs or the competent department of forestry and grassland under the people's government of the province, autonomous region, or municipality directly under the Central Government based on the sown area.
(ii) The crop variety has been adopted in the review and decision or has been registered for two years or more, but no application for a new plant variety right has been filed.
(7)“Distinctness” means that a plant variety is clearly distinguishable by one or more traits from any other known variety.
(8) “Uniformity” means that despite the expected natural variation of the particular features of a variety, features or characteristics of individuals in the grouping of a plant variety are uniform.
(9) “Stability” means that the main traits of a plant variety remain unchanged after repeated propagation or at the end of each particular cycle of reproduction.
(10)“Essentially derived variety” means a variety that is essentially derived from the initial variety or from an essentially derived variety of the said initial variety that is clearly distinguishable from the initial variety and conforms to the initial variety in the expression of the essential traits that result from the genotype or combination of genotypes of the initial variety, except for the differences in traits which result from derivation.
(11)“Known variety” means a plant variety that has been accepted for application, has been adopted in the variety review and decision, has been registered, has obtained new variety protection, or has been sold or promoted.
(12)“Label” means a particular pattern and textual description which is printed, pasted, fixed, or attached to the surface of a seed or seed package.
Article 91
The state strengthens the protection of germplasm resources of traditional Chinese medicinal plants and supports scientific and technological research on the breeding of traditional Chinese medicinal plants.
This Law shall apply mutatis mutandis to the administration of germplasm resources and selective breeding, production and business operation, administration and other activities of grass seeds, tobacco seeds, traditional Chinese medicinal plant seeds, and edible fungal cultures.
Article 92
This Law shall enter into force on January 1, 2016.
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.