Interpretation of "Administrative Measures for Crop Seed Production and Operation Licensing",Henan Harvest Grain Trading Co., Ltd.

2021-12-01 11:29:48

Interpretation of "Administrative Measures for Crop Seed Production and Operation Licensing"

1. After the "two certificates" are integrated, how will the license be issued?

In accordance with the requirements of the "Seed Law", the implementation of the "two licenses" for seed production and seed management is a substantive combination of seed production licenses and business licenses. Seed production and business licenses are issued by the competent agricultural authority in the place where the seed company is registered. The remaining seed production sites and seed sales sites do not need to repeatedly issue licenses of the same type. The "Licensing Measures" divide the licenses into main licenses and sub-licenses. The main license shall indicate the license number, enterprise name, unified social credit code, domicile, legal representative, production and business scope, production and business methods, effective area, and period of validity. , The issuing authority, the date of issuance and other matters; the secondary certificate shall indicate the crop type, seed type, variety name and certification (registration) number, seed production location, etc. of which seed is produced. The main certificate and the auxiliary certificate are an organic whole, and the types and varieties of crops stated in the auxiliary certificate shall not exceed the scope of production and operation stipulated in the main certificate.

The validity period of the crop seed production and operation licenses obtained before the implementation of the "Licensing Measures" remains unchanged. However, as long as one of the original seed production licenses or seed business licenses expires, the seed enterprises shall renew according to the new methods. Apply for a seed production and operation license. For those engaged in seed import and export or sub-packaged seed business and do not carry out seed production activities, the license only prints the main certificate and does not print the subsidiary certificate. The materials related to the seed production conditions specified in the seven provisions may not be submitted to the relevant certification materials of the seed production professional and technical personnel.

2. How should the vice-license of the permit be changed?

In order to implement streamlined administration and delegate powers and facilitate applicants, the "Licensing Measures" proposes that within the validity period, if the variety and location of the production seeds specified in the secondary certificate are changed, they shall apply to the original license-issuing authority for changes and submit the corresponding changes 30 days before sowing. If the application materials are complete and conform to the legal form, the original issuing authority shall register the change on the spot. Taking into account the different progress in the reform of administrative examination and approval in various regions, if it is really impossible to change it on the spot, the issuing authority should adhere to the principle of simplicity and speed, and can further refine the procedures for changing the secondary certificate. The Provincial Department of Agriculture and Animal Husbandry has issued a notice on the "Provincial Issue of Crop Seed Production and Operation Permits" (Gannong Mubanfa (2016) No. 66), which clarifies the changes to the provincial-level crop seed production and operation licenses Regulations simplify the handling procedures.

To apply for the alteration of the secondary license, you only need to submit the materials related to the production variety specified in the fifth, sixth, and seventh items of Article 11 of the "Licensing Measures", and ensure that they are submitted in the online seed production and operation license application system It is not necessary to submit all the application materials for the certificate; at the same time, in order to improve the efficiency of administrative examination and approval and strengthen the main responsibility of the enterprise, the enterprise shall proactively declare that it is responsible for the authenticity of the application materials and proactively explain the application The production and operation of varieties involves the protection of new varieties and written authorizations.

3. What does the "valid area" stated in the license mainly refer to?

Taking into account the actual situation in my country that seed production, especially hybrid seed production, is mostly off-site seed production, restricting the seed sales area is objectively not conducive to the development of modern seed industry. In order to accelerate the formation of a unified national market, the "Licensing Measures" stipulates: First, seed production The effective area specified in the business license refers to the area where the enterprise sets up branches; second, the seed production location is not subject to the effective area specified in the seed production business license, and the license-issuing authority shall submit the copy of the seed production contract based on the applicant And the certification of no quarantine pests is confirmed; third, seed sales activities are not restricted by the effective area specified in the seed production and operation license, but the terminal sales of seeds should be within the appropriate area for variety certification, variety registration or labeling.

4. How to apply for a license for integrated breeding, reproduction and promotion?

According to the "Seed Law" and "Licensing Measures", the review authority for integrated breeding and promotion licenses was adjusted from the provincial agricultural authority to the county agricultural authority, and the issuing authority was adjusted from the Ministry of Agriculture to the provincial agricultural authority. At the same time, considering that its license is valid nationwide, a unified publicity is required on the China Seed Industry Information Network before the issuance of the license. The publicity period is 5 working days. The content of the announcement includes the name of the company, domicile, legal representative, production and business scope, etc.

At the same time, according to Article 32 of the "Licensing Measures", the facilities and equipment of Absolute Holding Subsidiary's scientific research and breeding, production, processing, inspection, storage, and its own varieties can be used as the parent company to apply for the integrated breeding and promotion license. condition. At the same time, in order to promote the merger and reorganization of enterprises, avoid competition in the same industry, and strengthen the integrated breeding and promotion enterprises, if the parent company has obtained the integrated breeding and promotion license, its absolute holding subsidiary shall not reuse the above license conditions to apply for seed production. Operating license; its absolutely controlling subsidiary company may not apply for an integrated license for the breeding and promotion of similar crops with the parent company.

5. How to apply for a foreign-invested enterprise license?

Article 62 of the "Seed Law" stipulates that the state establishes a national security review mechanism for the seed industry; foreign institutions and individuals invest in, merge and acquire domestic seed companies, or carry out technical cooperation with domestic scientific research institutes and seed companies to engage in variety research and development and seed production The management of examination and approval of operations shall be implemented in accordance with the provisions of relevant laws and administrative regulations.

In view of the current relevant administrative regulations being formulated, after consulting the NPC Legal Work Committee: Before the introduction of the regulations, the Ministry of Agriculture implemented the 1997 Regulations on the Approval and Registration Management of the Establishment of Foreign-Invested Crop Seed Enterprises, that is, the seeds of foreign-invested enterprises The business license is reviewed by the provincial agricultural authority and issued by the Ministry of Agriculture.

A foreign-invested enterprise applying for an integrated seed production and operation license for breeding, multiplication and promotion shall first obtain a seed production and operation license (F certificate) issued by the Ministry of Agriculture, and then apply for an integrated seed production and operation license for breeding, breeding and promotion in the province where the enterprise is located. (A certificate).

6. How to apply for a license for genetically modified cotton?

On September 18, 2016, the Ministry of Agriculture revised the "Regulations on the License for the Production and Operation of Genetically Modified Cotton Seeds", implementing the two-license integration and canceling the requirements for registered capital and fixed assets. The license for the production and operation of genetically modified cotton seeds shall be reviewed by the provincial agricultural authority where the enterprise is located and issued by the Ministry of Agriculture. Different from other seed production and operation licenses, genetically modified cotton seed production and operation licenses need to be approved in writing by the provincial agricultural authority where the seed is produced before being accepted for review. At the same time, because the production of genetically modified seeds involves genetically modified safety issues, it must Simplified procedures shall not be implemented for the change of the main certificate and the auxiliary certificate, and the application, acceptance, review, and issuance shall still be applied according to the original procedures.

7. How to apply for a permit for fresh food and popcorn?

Article 35 of the "Licensing Measures" stipulates that: "Applicants who apply for a license for the production and operation of fresh and pop corn seeds shall be processed in accordance with the licensing conditions for non-main crop seeds", but the processing procedures will remain unchanged. Three relevant regulations are implemented. Since fresh and pop corn are the main crops, those who apply for the seed production and operation license for fresh and pop corn, in addition to the variety conditions, can be processed in accordance with the licensing conditions of the non-main crop seeds (D certificate). The production and operation of the varieties It should pass the variety certification. If the fresh and popcorn applied for is a conventional seed, it should have more than one approved variety in accordance with the variety conditions issued by the conventional seed license (C certificate) for main crops. If the fresh or pop corn applied for is a hybrid, it shall have 1 self-breeding variety or a certified variety as the first breeder in accordance with the variety conditions issued by the hybrid seed of the main crop and its parental seed license (B certificate) The above, or more than 2 certified varieties of cooperative breeding, or more than 3 varieties of the transferred variety rights.

8. How to apply for certificates for non-major crops?

Article 31 of the "Seed Law" stipulates: "If you only engage in the production of seeds of non-primary crops and non-primary forest trees, you do not need to apply for a seed production and business license." The new "Seed Law" continues the original "Seed Law" stipulates that non-major crops may not apply for seed production licenses. Its legislative intention is to emphasize that the focus of seed base supervision is on major crops. Article 13 of the "Licensing Measures" stipulates: "For those engaged in the production and operation of conventional seeds of major crops and the operation of non-major crop seeds, the seed production and operation license shall be issued by the local agricultural authority at or above the county level where the enterprise is located." This article does not require those who only engage in the production of seeds of non-main crops to apply for a seed production and business license. At the same time, in accordance with the requirements of the new "Seed Law", the "two licenses" are combined into one for seed production licenses and seed business licenses, and the licenses are no longer issued separately for production or business. It is necessary to apply for a seed production and operation permit for major crops or non-major crops. Those applying for a license for the production and operation of non-major crop seeds should also submit the corresponding materials for seed production, and take into account the protection of commercial secrets for the production and management of non-major crop seeds. The method stipulates that the secondary license shall mark the seed production location to the provincial administrative region.

9. What kind of conditions are required to apply for a license?

Variety management in my country involves related systems such as variety approval, variety registration, introduction filing, and variety protection. Variety protection is the scope of the protection of the rights and interests of breeders; variety examination, variety registration and introduction filing are the scope of variety market access. From the variety certification, it is derived from the breeding variety (there is only one selection unit on the variety certification certificate), the first breeder's variety (the first selection unit on the variety certification certificate), and the cooperative breeding variety (on the variety certification certificate) There are many breeding units). While canceling the licensing conditions for registered capital, fixed assets, etc., the new method also increases the requirements for the "variety" of seed companies, which is in line with the development direction of my country's modern seed industry and must be strictly implemented in the review and approval process. To apply for different types of licenses, different types of conditions are required.

1. The production and operation license for conventional seeds of main crops (C certificate) or the production and operation license for non-main crop seeds (D certificate). Article 7 of the "Licensing Measures" stipulates: "For the production and operation of conventional seeds of major crops, the varieties for production and operation shall be approved and have more than one approved variety corresponding to the applied crop category; for the production and operation of registered crop seeds, there shall be 1 More than one registered species". This article does not require "self-breeding" or "transferred variety rights." In view of the fact that the conventional and non-major crop varieties of my country’s major crops have not been fully protected, the industry currently generally recognizes the variety breeding units. Therefore, the seed companies that apply for the license are either breeders of the varieties or signed exclusive production operations with the variety selection units. The agreement, regardless of whether the variety is protected or not, can be deemed to meet the variety conditions of the type of seed production and operation license. Before the "Regulations on the Registration of Non-main Crops Varieties" is promulgated and implemented, or the crops applied for production and operation have not been included in the registration scope of non-main crops, the production and operation enterprises of non-major crops may not be required to have corresponding variety conditions for the time being. After the promulgation of the "Regulations on Non-Major Crop Varieties", those included in the non-major crop registration catalogue must strictly implement the requirements for enterprises to have more than one registered variety.

2. The production and operation license (B certificate) of hybrid seeds of major crops and their parent seeds. Article 8 of the "Licensing Measures" stipulates: "The varieties for production and operation shall be approved, and have more than one self-breeding variety or the first approved breeder, or two or more approved varieties of cooperative breeding, or Let more than 3 varieties of variety rights". This article clearly lists the three conditions of variety conditions, which are parallel, as long as they meet one of the conditions. Regarding the "variety subject to the transfer of variety rights", this variety must be a variety that has been and is being effectively protected with a new plant variety right certificate, and must also be approved. The seed company applying for a license must sign an exclusive transfer agreement with the variety right unit. It is not required to change the variety right protection certificate.

3. The integrated seed production and operation license (A certificate) for breeding, propagation and promotion. Article 9 of the "Licensing Measures" stipulates: "For the production and operation of main crop seeds, the varieties of production and operation shall be approved, and there are more than 3 national-level approved varieties as the first breeder with corresponding crops, or 6 provincial-level approved varieties. (Including at least 3 provincial approvals), or 2 national-level approved varieties and 3 or more provincial-level approved varieties, or 1 national-level approved variety and 5 or more provincial-level approved varieties. Simultaneous production and management of hybrid rice seeds In the production and operation of conventional rice seeds, in addition to the requirements for hybrid rice varieties, there should also be more than 1 national-level approved varieties or more than 3 provincial-level approved varieties of conventional rice as the first breeder. Production and management of non-main crops For seeds, there should be more than 5 varieties of corresponding crops that have been separately applied for the right to obtain new plant varieties in the name of the enterprise”. This article stipulates that the production and operation of main crop seeds must be the self-breeding varieties approved in the name of the license-issuing enterprise or the first breeder's variety; the production and operation of non-main crop seeds must be the protected varieties that must be separately applied for in the name of the license-issuing enterprise. The varieties for which the variety rights are transferred cannot be used as the variety conditions for the integration of breeding, propagation and promotion.

10. What are the personnel requirements for applying for a permit?

It mainly includes two types of personnel. The first is professional technical personnel, including seed production, processing and storage, seed inspection, scientific research and breeding, etc. These personnel are the conditions for certification as stipulated in the "Seed Law", but the qualification assessment for these personnel has been cancelled. Professionals are arranged by the enterprise according to the position setting. When applying for a license, the applicant enterprise shall provide a copy of the social security certificate paid by the enterprise and no longer require the labor contract. Regarding the social security certificate, as long as it meets the requirements of laws, regulations and related policies, the company will inquire, print and affix the seal of the social security department.

The second is the legal representative and senior management personnel of the enterprise, who are required to provide a list of personnel and their resumes for their seed industry. Article 75 of the "Seed Law" stipulates that for those sentenced to fixed-term imprisonment or higher for the crime of producing and operating fake seeds, the legal representative and directly responsible person in charge of the seed enterprise or other unit shall not be allowed within five years from the date of execution of the penalty Serving as the legal representative and senior manager of the seed enterprise. Article 76 stipulates that the legal representative and the person in charge of a unit whose seed production and operation license has been revoked shall not serve as the legal representative or senior manager of the seed enterprise within five years from the date of the penalty decision.

11. How to do a good job in filing management?

Article 38 of the "Seed Law" stipulates: "If a seed producer or business operator establishes a branch in the effective area specified in the seed production and business license, specializes in handling packaged seeds that are no longer repackaged, or is subject to a seed production and business license. If a licensed seed producer and business operator entrusts production or sales of their seeds in writing, they shall file with the local agricultural and forestry authorities for the record.” In short, filing management involves four common subject behaviors, namely: commissioning seed production, commissioning seed sales, setting up branches, and operating non-packaging seeds. Article 22, Article 23, and Article 24 of the "Licensing Measures" clearly stipulate the above-mentioned filing. The contents of the filing mainly include the basic information of seed producers and operators and relevant information about the seeds they produce and operate.

For the registration of the three main entities, including seed production commissioned, seed sales commissioned, and branch establishment, the certificate-holding seed company needs to fill in the relevant information about commissioned seed production, commissioned seed sales, and establishment of branches on the Internet, and form the record serial number. Online filing can be completed by the serial number of the filing. At the same time, the filing person should submit the relevant materials to the county-level seed management agency. Regarding the filing of operations that do not separate seeds, this type of filing subject mainly involves a large number of seed sales stores. The filing can be completed by directly filling in the relevant information on the Internet, and the filing serial number of the seed company is not required.

12. How do seed companies establish seed production and management files?

Seed production and management files are the true records of the activities of seed production, processing, storage, and management. Improving the file management system is an important part of improving the management level of enterprises and improving the quality of seeds. Standardizing the management of production and operation files is conducive to the realization of the traceability management of seeds and the strengthening of post-licensing supervision. The new "Seed Law" emphasizes two aspects in the management of production and operation files. One is to ensure traceability, and the other is to require the preservation of seed samples. Seed enterprises shall establish seed production and operation files that include the original records or vouchers formed in the links of seed field production, processing and packaging, sales and circulation. Seed production and operation files should be kept for at least five years to ensure that the information recorded in the files is continuous, complete, and authentic, and traceable. If the file contains photocopies, the copying time should be indicated and signed by the relevant responsible person. Seed producers and operators shall keep the seed samples produced and operated in batches, and the samples shall be kept for at least two production cycles of this type of crop.

13. How do seed companies apply for online licenses?

The Ministry of Agriculture has established a comprehensive national seed management business platform, and implements a unified platform for online seed production and operation license application and a unified platform for certification. If an enterprise applies for a seed production and operation license, it must log in to the crop seed enterprise business integration platform when submitting paper application materials (the "Seed Production and Operation License), complete the company registration, application filling and scanning and uploading of the original materials on the online application page of the seed production and operation license.

At the same time that the new version of the seed production and operation license management system is launched, the old version of the system is used in parallel. The application, acceptance, review, issuance, printing, and filling of production and operation license information within the validity period of the original license are carried out uniformly in the new version of the system. Handle in the system.

14. Are there any restrictions on farmers' own seed replacement?

In order to protect the interests of farmers and regulate the order of the seed market, Article 37 of the "Seed Law" stipulates that there is a surplus of conventional seeds used by farmers for self-propagation, which can be sold or exchanged in the local bazaar, without the need for seed production operations. license. Compared with the original "Seed Law", the word "local" has been added. Therefore, the "Licensing Measures" further clarifies the individual farmers, the exchange area, and the number of exchanges. Individual farmers should be farmers who have signed rural land contracting contracts in the form of a household contract responsibility system; the local bazaar should be the township (town) area where the individual farmers are located; at the same time, the number of seeds sold or exchanged should not exceed that of the family. The annual seed use of the contracted land with joint production will further regulate farmers’ self-retained seed exchange behavior. Anyone who sells or exchanges seeds in violation of regulations shall be deemed as unlicensed production and operation seeds.

Source: Gansu Farmers News

2021-12-01 11:29:48