Crop seed production and management permit management approach
Ministry of Agriculture Order No. 3 of 011
"Crop seed production license management" has been the Ministry of Agriculture in 2011 fourth executive meeting, is hereby promulgated, September 25, 2011 shall come into force.
Minister Han
2011-08-22
Crop seed production and management permit management approach
Chapter I General Provisions
In order to strengthen crop seed production, license management, standardize crop seed production, and operation, under the "Seed Law" formulated.
The second crop seed production and business license application, review, issuance and monitoring, application of this approach.
Third above the county level agricultural administrative departments in accordance with the division of responsibilities, is responsible for crop seed production and operation licenses in the acceptance, review, issuance and supervision.
Article IV is responsible for vetting, issuance of crop seed production and operation licenses in the administrative department of agriculture, crop seed production should be operating permit for conditions and procedures in the office of publicity.
Article shall be in accordance with the administrative department of agriculture will help protect the safety of agricultural production, improved crop breeding and production levels, to promote the principle of fair competition, according to payment of crop seed production and business license.
Chapter II Production License
Sixth seed production of major commodity crops, the main crop seed shall obtain the production license (hereinafter referred to as seed production license).
Hybrid seeds of major crops and their parental seed, all the sub-conventional types of the original production of production licenses by the local county agricultural administrative department and the government, the provincial government issued the administrative department of agriculture. Other major crops, seed production license by the production of local people's governments above the county level administrative department of agriculture issued.
Location of non-major crops production in other provinces (autonomous regions and municipalities) as the main crop, seed producers to apply for production licenses, local administrative departments for agriculture production should be accepted and shall be issued.
Article VII apply for seed production license shall meet the following conditions:
(A) for hybrid rice, hybrid corn seeds and its parent seed production license, the registered capital of not less than 30 million yuan; apply for other major crops, seed production license, the registered capital of not less than $ 5 million;
(B) the production of varieties by species validation; production of new plant varieties of seeds, varieties should also obtain the written consent;
(C) has good clarity of analysis units, electronic scale, home-bed equipment, electrophoresis, electrophoresis tank, sample mill, oven, biological microscopes, refrigerators and 1 (sets) or more, electronic balance (the amount by a sense of one thousandth and one millionth) more than 1 set, for sampling, sub sampler, germination boxes each 2 pieces (sets) above; application of hybrid rice, hybrid corn seed production license, should also be expanded with pcr by meter, pH meter, autoclaves, magnetic stirrer, heated water bath, high-speed refrigerated centrifuge, and 1 pipette sets (sets) or more;
(D) laboratory than 100 square meters; application of hybrid rice, hybrid corn seeds and its parent seed production licenses, laboratory 150 square meters;
(E) of the 500 square meters of warehouses, drying yard than 1,000 square meters, or the corresponding seed drying facilities and equipment;
(F) full-time seed production technology, storage technology and the provincial people's government administrative departments of agriculture seeds passing the examination, inspection staff (covering the field test for sampling and indoor test, same below) of three or more; Among them, the production of hybrid rice, hybrid corn seeds and its parent seed, seed production and seed inspectors and technical personnel of five or more;
(G) manufacturing sites without quarantine pests;
(H) comply with the requirements of isolated seed production procedures and production conditions;
(Ix) other conditions prescribed by the Ministry of Agriculture.
Article for seed production license, shall submit the following materials:
(A) seed production permit application form;
(B) the capital verification report or apply for one year before the date of the annual financial statements and audit reports and other intermediaries that copies of the registered capital; seed testing equipment lists and copies of purchase invoices; producer located in the provinces (autonomous regions and municipalities) seed laboratory, warehouse property certificate; producer located in the provinces (autonomous regions and municipalities) of the drying yard proof of ownership (or lease Agreement), or seed drying facilities, equipment, property certificate; metrology institutes issued The test involves measurement of the test equipment certificate; related facilities and equipment and real photos of note;
(C) seed production, storage, inspection technician qualification certificate and a copy of labor contract;
(D) seed production sites and quarantine certificates;
(E) Cultivar Registration certificate;
(F) production of new plant varieties of seeds, varieties with the written consent to submit evidence;
(G) isolation and production of seed production conditions, safety instructions;
(H) Other documents required by the Ministry of Agriculture.
Seed production permit applicant has obtained the appropriate license to operate crop seeds, from the second preceding paragraph, the provisions of the submitted materials and seed storage, inspection technician qualification certificate and a copy of the labor contract, but the seed business license shall be submitted copy.
Article IX audit authority shall accept the application within 20 working days to complete the audit. Audit should be on production sites, drying yard or drying facilities, storage facilities, inspection facilities and equipment for site visits and inspection of original supporting materials (seeds that have appropriate business licenses only to examine the production site). With the conditions prescribed in this way, the signing of audit opinions, reporting issuing authority; not passed the audit, written notice to the applicant and the reasons.
Issuing authority shall receive an audit opinion and the application materials within 20 working days from the date of issuance to complete the work. Issuing authority deems necessary, may conduct site inspections. Meet the conditions, seed production permit and to issue notice; not eligible, notify the applicant in writing and explain the reasons.
Article seed production permit shall indicate the license number, business name, domicile, legal representative, registered capital, the issuing authority, notice number, the issuing time, and the production of seed crops, variety name, validation number, number of new plant varieties, production locations, expiration date and other projects.
License number "__ (x) Agriculture many kinds of raw words (x) the first x number." Among them, first issuing authority referred to in brackets, the second bracket for the first time issuing reign, the third number is the order of number four seed production marked ;"__" type: b for the hybrid rice and hybrid corn seed and its parent seed, c is the other major crop seeds.
Article XI seed production permit valid for three years. License valid in the production of the same company within the same issuing authority for a similar crop varieties to increase production from the original certificate issuing authorities in filling the corresponding species, no longer be issuing production licenses.
License after the expiration of seed production, seed producers in the same issuing authority need to apply for a new license, the license shall expire 70 days ago to re-apply.
Chapter business license
Article XII of the seed crop management, crop seed shall obtain the business license (hereinafter referred to as the seed business license).
Hybrid seeds of major crops and their parental seed, all the sub-conventional types of the original license, the operators from the seeds of agriculture where the county government administrative department and the provincial people's government issued the administrative department of agriculture.
The following seed business license from the seed where the provincial government operators agricultural administrative department and the Ministry of Agriculture issued:
(A) in the seed company's seed import and export business license;
(B) the implementation of breeding, production, management combined registered capital of 1 billion of the company's seed business license.
Other crop seed business license, the operators by the seed local people's governments above the county level administrative department of agriculture issued.
Article XIII of application of hybrid rice, hybrid corn seeds and its parent seed license shall meet the following conditions:
(A) the registered capital of not less than 30 million yuan, fixed assets of not less than 10 million;
(B) has a good analysis of the net sets, electronic scale, home-bed equipment, electrophoresis, electrophoresis tank, sample mill, oven, biological microscopes, refrigerators and 1 (sets) or more, electronic balance (the amount by a sense of one thousandth and one millionth) more than 1 set, for sampling, sub sampler, germination boxes each 2 pieces (sets) or more, pcr amplification, acidity, autoclaves, magnetic stirrer, constant temperature water bath, high-speed refrigerated centrifuge, and 1 pipette sets (sets) above; laboratory 150 square meters;
(C) meet the requirements of Article 7 of the fifth seed storage, drying yard, or the appropriate drying facilities, business premises 300 square meters;
(D) with seed processing equipment, with a total processing capacity of hybrid maize seed is not less than 10 tons / hour, hybrid rice seed is not less than 5 tons / hour, processing plant 500 square meters;
(E) of the seed processing technology full-time staff of more than five, seed storage and technical personnel more than three, the provincial people's government administrative departments of agriculture seed of passing the examination of more than five inspectors;
(F) other conditions prescribed by the Ministry of Agriculture.
Article 14 When applying hybrid rice, hybrid maize seed and their parents should be outside of the seed processing and packaging of agricultural seed business license shall meet the following conditions:
(A) for the main crop seed business license, and registered capital of not less than 500 million yuan, fixed assets less than $ 25 million; application for non-major crop seed business license of the registered capital of no less than 200 million yuan, fixed assets of less than 100 million;
(B) has a good analysis of the net sets, electronic scale, home-bed equipment, electrophoresis, electrophoresis tank, sample mill, oven, biological microscopes, refrigerators and 1 (sets) or more, electronic balance (the amount by a sense of one thousandth and one millionth) more than 1 set, for sampling, sub sampler, germination boxes each 2 pieces (sets) above; laboratory than 100 square meters;
(C) the operation of major crop seed, in compliance with the requirements of Article 7 of the fifth seed storage, drying yard, or the appropriate drying facilities, business premises 200 square meters; operators of non-major crop seeds, there are 300 square feet warehouse meters, 500 square meters of drying yard or the appropriate drying facilities, business premises 200 square meters;
(D) operating conventional rice, wheat seed, seed processing equipment the total processing capacity of 10 tons / hour; management of soybean seed, seed processing equipment the total processing capacity of 30,000 tons / hour; management of cotton, rape seed, seed processing equipment total processing capacity of 100 tons / hour; operate other crop seeds, with the appropriate seed processing equipment;
(5) business major crop seed, seed processing plant 500 square meters; operators of non-major crop seed, seed processing plant 200 square meters;
(F) full-time technical staff of seed processing, storage and technical personnel and by the provincial people's government administrative departments of agriculture seed of passing the examination of three or more inspectors.
Ministry of Agriculture can apply without processing, packaging of agricultural seed business license, and its registered capital and fixed assets should be in line with the provisions of the preceding paragraph, the first, seed testing, storage facilities, equipment and personnel from the provincial people's specific requirements Government agricultural administrative department under the Ministry of Agriculture reported the record.
Article 15 seed companies for seed import and export business license shall meet the following conditions:
(B) of the Regulations of the corresponding crop seed business license issued by the other conditions.
Implementation of Article XVI breeding, production, management combined registered capital of 1 billion of the company, the seed business license application, it shall meet the following conditions:
(A) not less than 50 million yuan in fixed assets;
(B) has a good analysis of the net sets, electronic scale, home-bed equipment, electrophoresis, electrophoresis tank, sample mill, oven, biological microscopes, refrigerators of two (sets) or more, electronic balance (the amount by a sense of First, the thousandth and ten thousandth) 2 sets or more, for sampling, sub sampler, germination boxes each 3 pieces (sets) or more, pcr amplification, acidity, autoclaves, magnetic stirrer, constant temperature water bath, high-speed refrigerated centrifuge, pipettes of 2 sets (sets) above; laboratory than 200 square meters;
(C) for operating the main crop seeds, there are more than 1500 square meters warehouse, drying yard for more than 3000 square meters, or the corresponding seed drying facilities, 500 square meters of business premises; for operating non-major crop seeds, there are 300 square feet warehouse meters, 500 square meters of drying yard or the corresponding seed drying facilities, business premises 300 square meters;
(4) Application and operation of hybrid rice seeds and hybrid corn seed parent, shall be equipped with its business scale seed seed drying facilities and equipment, hybrid rice seed and its parent seed processing equipment the total processing capacity of 10 tons / hour , hybrid corn seeds and its parent seed processing equipment the total processing capacity of 20 tons / hour, more than 800 square meters processing workshop; for operating other crop seeds, processing capacity and processing plant to the Article 14 fourth, fifth items corresponding requirements;
(E) full-time seed production, processing, storage and technical personnel and by the provincial people's government administrative departments of agriculture seed of passing the examination of five or more inspectors;
(F) have a special breeding institutions, fixed breeders and working expenses, the annual research funding of not less than 10% of annual profits; its own research laboratory 300 square meters, a stable breeding sites more than 100 acres, of which in the country more than three different ecological zones have three or more test points, each point more than 10 acres of land and the corresponding experimental planting, harvesting, types of test facilities and equipment; full-time engaged in research and breeding of the intermediate above title (or related Bachelor degree or above) for more than five researchers; main crop seed production and management, each engaged in research and crop breeding should also be full-time senior title (or a related Master's degree or above) the researchers a more;
(G) a stable seed production base. Among them, business major crop seed, the base for more than 5,000 acres; operate other crop seeds, the base more than 500 acres;
(H) have a sound service system;
(I) for the main crop seed business, there are two or more separate applications to apply for business name and by state-level examination of varieties, or more than 5 separate application to apply for business name and at least three provinces (autonomous regions and municipalities) through the provincial approval of varieties; for operating non-major crop seeds, and five more in the name of individual applicant to obtain new varieties of plant species;
(J) application for business management capacity of seeds of crop species in the three years before the date of application (excluding applications for the year), accounting for more than 1 year have the type of crop seed market share of more than 1%. Variety of intellectual property management company accounted for more than 10% the proportion of the total;
(Xi) other requirements prescribed by the Ministry of Agriculture.
Article XVII for seed business license shall submit the following materials:
(A) the crop seed business license application form;
(B) the capital verification report or apply for one year before the date of the annual financial statements and audit reports and other intermediaries registered capital and fixed assets, copies of proof; applicant the nature of capital formation and other basic information supporting materials;
(C) the seed testing and processing facilities and equipment lists and copies of purchase invoices; seed laboratory, processing plant, warehouse property certificate; drying yard proof of ownership (or lease Agreement), or seed drying facilities and equipment ownership certificate; metrology institutes involved in measurement issued by the inspection, packaging equipment test certificate; related facilities and equipment and real photos of note;
(D) of seed testing, processing, storage and other relevant technical qualification certificate and a copy of labor contract;
(E) Ministry of Agriculture of the other materials.
Article 18 The implementation of breeding, production and management combined company, the application issued by the Ministry of Agriculture crop seed business license, in addition to the provisions of Article XVII of the material presented, should also submit the following materials:
(A) the breeding sector note; own research and breeding facilities, equipment and real property that copies of photographs; scientific breeding and variety testing sites over five years a copy of the transfer agreement;
(B) the breeders of the title (or qualifications) that materials and labor contract;
(C) for three years prior to the annual audited financial statements and the agency copies of the report;
(D) Variety Approval certificate or copy of certificate of plant variety rights, the right to operate a variety of independent production of proof; three years before the date of application for license applications for crop seed sales volume, turnover and market share accounting for a description and relevant evidence; proprietary varieties of seed sales volume, turnover and related evidence shows;
(E) 3 years before the application date evidence base for seed production, including seed production locations (specific to the village), seed size, the base village (group) contact person and telephone entrusted seed table, and 10 seed copy of the contract, or a copy of the land transfer agreement;
(F) evidence of sound service system, including after-sales service system and service network construction, etc.;
(G) before the expiry of re-application, should also provide the original license period seed seed production and management situation of breeding and research evidence.
Article 19 Audit institutions shall accept the application within 20 working days to complete the audit. Audit authority should be place of business, processing storage facilities, inspection facilities and equipment for site visits and inspection of the original evidence. With the conditions prescribed in this way, the signing of audit opinions, reporting issuing authority; not passed the audit, written notice to the applicant and the reasons.
Issuing authority shall receive the application materials and an audit opinion within 20 working days to complete the issuance of work. Issuing authority deems necessary, may conduct site inspections. Meet the conditions, the seed business license and to issue notice; not eligible, notify the applicant in writing and explain the reasons.
Diershitiao seed business license shall indicate the license number, business name, domicile, legal representative, registered capital, the issuing authority, notice number, date of issue, and the range of crop management, management methods, effective area, effective term projects such as:
(A) the license number as "__ (x) of agricultural species by many words (x) the first x number", the first certification authority referred to in brackets, the second bracket for the first time certification reign, the third number is marked on the sequence number ;"__" four business types: a Ministry of Agriculture issued, the implementation of breeding, production, operation combined; b for the hybrid rice and hybrid corn seeds and its parent seed; c of hybrid rice, hybrid corn other than the main crop seeds; d non-major crop seeds; e engaged in the seed export business;
(B) the range of crop management, crop fill in the name of the main crops, mainly crops, non-filled vegetables, flowers, hemp and other crops category;
(C) the seed mode of operation, complete processing, packaging, wholesale, retail or import and export;
(D) effective area filled by administrative region, the maximum does not exceed the jurisdiction issuing authority, the decision by the issuing authority.
Twenty-one seed business license is valid for 5 years. Permit marked change in the life of the project, procedures should be changed according to the original application procedures, and provide evidence.
Continue to engage in business license after the expiration of the seed business, seed operators shall expire six months ago to re-apply.
Article 22 seeds operator specializing in the packaging is no longer packing seeds, or seeds by a seed operation license to the operator a written commission consignment of seed, the seed can not apply for business license, but there should be fixed place of business.
Specializes in the packaging is no longer packing seed, seed should be purchased with the seed and the seed business license purchase and sales contracts signed by enterprises.
Business license with the seed by the seed consignment operators entrust their seed shall be entrusted with the commissioning party signed a consignment contract.
Article 23 seeds operators, permit the establishment of effective regional branches, it shall apply to industrial and commercial administrative organs of industry and commerce registration, and get or change a business license within 15 days, to the local county government agricultural administrative departments and the original issuing authorities. The record should be submitted to the seed business license, business license and a copy of the residence of branches, operating methods, responsible person's name, telephone and other materials.
Chapter IV Supervision and Administration
Article 24 shall be in accordance with the main producers of crop seed seed seed production permit the organization of production. Seed producers, seed production files should be established, and 30 days after sowing, production location, species name, the production area, and other information to produce local county government agricultural administrative department. County government administrative departments of agriculture production information should be summarized and escalation to the Ministry of Agriculture.
Article 25 The operator shall establish seed seed business files, contain the seed source, processing, storage, transportation and quality testing of a brief description of various aspects and responsibilities, sales destination and so on.
Seed enterprises should be the end of May each year before the main business activities of the previous year, the issuing authority report. Issuing authority shall, after the seed business information summary report Ministry of Agriculture.
Article 26 The people's governments above the county level administrative department of agriculture shall seed production, seed production managers, business conduct supervision and inspection.
Article 27 in the license period, one of the following circumstances, the issuing authority shall cancel the license and make an announcement:
(A) seed production and business to stop production and business activities, more than 1 year;
(B) seed production, operators no longer have the license with the provisions of the conditions still fail to meet requirements by the deadline for correction.
Article 28 The applicants did not disclose relevant information or provides false materials for seed production, operation license, the competent administrative department of agriculture should not be permitted, and relevant information. The applicant shall re-apply within one year seed production and business license.
Applicant fraud, bribery or other improper means to obtain seed production, business license, the administrative department of agriculture should be the administrative license revocation, and relevant information. The applicant shall re-apply in three years seed production and business license.
Article 29 The administrative departments of agriculture should be higher for lower-level administrative departments of agriculture, seed production and management permit conduct supervision and inspection. One of the following circumstances, shall be ordered to correct, the directly responsible person in charge and other directly responsible persons shall be given administrative sanctions; constitute a crime shall be transferred to judicial organs for criminal prosecution:
(A) failure to grant permission issued by the seed production and business license;
(B) arbitrarily reduce seed production release issued standard operating license;
(C) other non-law issued by the seed production and business licenses.
Article 30 The administrative departments of agriculture according to the law, revocation, cancellation of the violator's seed production, business license, it should be decided within five working days after the making of industrial and commercial administrative organs shall notify the cancellation or change of business license.
第 三十一条 agricultural administrative departments shall establish a seed production and license management online inquiry system, the relevant licensing information published, but required by law, except confidential.
Learn to manage the process of seed production, the operator's trade secrets, agricultural administrative departments and their staff shall be kept confidential.
Chapter V Supplementary Provisions
Article 32 The term seed production, is the planting, harvesting, drying, or drying seed activities.
The term seed business, refers to the production of seed cleaning, grading, drying, coating and other processing and packaging, labeling and sales activities.
Article 33 The term seed processing equipment, is the match between the host and auxiliary systems and fixed installations in the plant room, to achieve seed selection, measurement and packaging of seed processing system streamlined functionality. Hosts including wind screen cleaning machine (some should have before and after winnowing suction channel, dual-settling chamber; screening should be part of more than three sieve), gravity cleaning machines and computer measurement packaging coding equipment; support system is mainly including delivery systems, storage systems, dust removal system, cleaning system and electric control systems. Hybrid rice seed processing equipment also includes the ability to complete the length of the cleaning operation nest eye tube cleaning machine.
The term fixed assets, is an enterprise for the production of products and services, for rental or administrative purposes, the use of more than 12 months of non-monetary assets, including houses, buildings, machines, machinery, transportation production and business activities and other related equipment, appliances, tools and so on.
Article 34 of the Regulations of seed research, production, processing, inspection, storage, etc., to be signed with the host company has more than 3 years of labor contracts.
Of the Regulations of seed production, processing, testing facilities and equipment, and seed laboratory, warehouse, seed drying facilities, processing plants, should be for the applicant's own property.
Article 35 of the genetically modified crop seed production and business licensing requirements, be formulated by the Ministry of Agriculture.
Article 36 The administrative department of agriculture does not have a district (county, city), seed production, business license by the prefectural (city) people's government agricultural administrative department.
Article 37 crop seed production and management permit printed by the Ministry of Agriculture, the relevant forms from the Ministry of Agriculture to develop a unified format.
Article 38 These Measures September 25, 2011 shall come into force. Ministry of Agriculture, February 26, 2001 release, July 1, 2004 amendments to the "crop seed production license management" (Ministry of Agriculture Order No. 48) shall be repealed simultaneously. Ministry of Agriculture issued before the implementation of these measures on seed production, business license provisions are inconsistent with this approach, the application of this approach.
This approach has been made prior to the implementation of agricultural seed production permit, and the validity of this approach to the effective date to April 1, 2012 expiration of the company, its seed production licenses are valid are automatically extended to April 1, 2012; has obtain crop seed business license, and the validity of this approach to the effective date to September 25, 2012 expiration of the company, its seed business license is valid automatically extended to September 25, 2012.