Shanghai Seed Regulations (Draft) soliciting opinions from society for supervision | Germplasm | Shanghai Seed Regulations (Draft)

The Fourth Session of the Standing Committee of the 16th Municipal People's Congress reviewed the Shanghai Seed Regulations. In order to further promote legislative democracy, the draft regulations and related instructions are now published in full on Jiefang Daily, Shanghai Legal Daily, Dongfang.com, Xinmin.com, Shanghai People's Congress website, and the "Shanghai People's Congress" WeChat official account to solicit opinions from the community, so as to further study and revise them, and then submit them to future meetings of the Standing Committee for deliberation. The relevant matters are hereby notified as follows:

1. time for public consultation

25 July to 8 August 2023

2. ways of reflecting opinions

Letter address: No. 200 Renmin Avenue, Shanghai, Legislative Office 2, Legislative Affairs Committee of the Standing Committee of the Municipal People's Congress; Postal code: 200003

Email: fgwlfec@126.com

Fax: 63586583

Explanation on Matters Related to Soliciting Opinions on the Shanghai Seed Regulations

1. Development Background

Seeds are the "chips" of modern agriculture and the foundation for ensuring food security. In recent years, our city has actively implemented the decisions and deployments of the central and municipal party committees, based on the advantages of building a science and technology innovation center, built a Shanghai seed industry brand, optimized the development environment of the seed industry, and achieved positive results in promoting the revitalization of the seed industry. However, we still face some problems and needs. Therefore, it is necessary to regulate and guide the protection and utilization of germplasm resources, seed industry innovation, variety management, seed production and operation, etc. through legislation, in order to promote the high-quality development of modern seed industry and provide legal protection for the reform and innovation of the local seed industry system.

Main contents of 2.

The draft bill consists of eight chapters and 49 articles, including general provisions, protection and utilization of germplasm resources, seed industry innovation, variety management, seed production and operation, guarantee and supervision, legal liability, and supplementary provisions. It mainly includes the following contents:

Strengthen the protection of germplasm resources and promote their development and utilization. One is to clarify the establishment of specific protection areas such as germplasm resource banks, germplasm resource protection areas, and germplasm resource protection areas by the municipal agricultural, rural, and forestry departments, delineate regional boundaries, set up protection signs, and clarify germplasm resource protection units; The germplasm resource protection unit is responsible for carrying out related work on germplasm resource protection and utilization. Secondly, it is stipulated that the site selection and route selection of construction projects should avoid specific protected areas; It is prohibited to engage in unauthorized collection, harvesting of germplasm resources, or introduction of foreign species within specific protected areas. The third is to stipulate that the agricultural, rural, and forestry departments shall publish the catalog of local characteristic germplasm resources in this city to the society, and the germplasm resource protection units shall disclose the germplasm resources they have preserved for use.

Gathering the advantages of technological resources and improving the innovation level of the seed industry. One is to support seed enterprises, universities, and research institutions to jointly establish research and development funds, build laboratories, and form innovation alliances, leveraging the advantages of industry university research collaboration to carry out commercial breeding innovation. The second is to stipulate that the municipal and relevant district governments plan and construct seed research and experimentation, production and breeding, and achievement display demonstration bases. Thirdly, it is clear that the district government can combine the development advantages of the local seed industry to promote the construction of seed industry innovation parks. The fourth is to support higher education institutions, scientific research institutions, seed enterprises, etc. to carry out seed industry science and technology cultural exchange activities, and attract domestic and foreign seed leading enterprises and seed characteristic enterprises to settle in this city; Support seed enterprises to establish research and development institutions abroad and apply for new plant variety rights.

Improve variety management and standardize seed production and operation behavior. One is to stipulate the implementation of variety recognition for varieties that are not listed in the national non major crop registration directory. The second is to clarify that for seeds sold through the internet, comprehensive, truthful, accurate, and timely disclosure of seed categories, variety names, quality indicators, main traits, main cultivation measures, adaptability, and risk warnings should be made.

Increase policy guarantees, strengthen seed quality supervision and law enforcement. One is to refine specific support measures for seed enterprise cultivation and introduction, talent policy guarantee, financial investment, and land demand guarantee. The second is to clarify the system of seed quality supervision, law enforcement cooperation, credit management, complaints and reports, and standardize market operation.

Focus of 3. comments

1. Opinions and suggestions on strengthening the protection, development and utilization of germplasm resources;

2. Opinions and suggestions on promoting the integration of industry, academia, and research, and enhancing the innovation ability of commercial breeding;

3. Opinions and suggestions on strengthening variety management and standardizing seed production and operation;

4. Other opinions and suggestions.

Shanghai Seed Regulations

general provisions

Article 1

In order to protect and reasonably utilize germplasm resources, regulate variety selection, seed production and management, strengthen scientific and technological research in the seed industry, stimulate breeding innovation, safeguard the legitimate rights and interests of seed producers and users, improve seed quality, promote high-quality development of modern seed industry, ensure food security and seed source safety, and promote the development of agriculture and forestry, in accordance with relevant laws and administrative regulations such as the Seed Law of the People's Republic of China, and in combination with the actual situation of this city, this regulation is formulated.

Article 2

This regulation applies to activities such as the protection and utilization of germplasm resources for crops and trees, seed industry innovation, variety management, seed production and operation, as well as related protection and supervision within the administrative area of this city. The protection of new plant varieties shall be carried out in accordance with relevant laws and administrative regulations.

The seeds referred to in these regulations refer to the planting materials or reproductive materials of crops and trees, including seeds, fruits, roots, stems, seedlings, buds, leaves, flowers, etc.

Article 3

The development of the seed industry in this city should follow the national seed industry revitalization strategy deployment and the requirements of urban modern agricultural development, consolidate the foundation of germplasm resources, improve the level of seed base construction, strengthen the main role of seed enterprises, optimize the seed industry development environment, encourage independent innovation in the seed industry, leverage the advantages of industry university research collaboration, and build Shanghai into a seed industry innovation center that serves the whole country and faces the world.

Article 4

The municipal and district people's governments should strengthen their leadership over seed work in their respective administrative regions, incorporate seed work into national economic and social development plans and related plans, incorporate seed industry innovation into the construction of science and technology innovation centers, improve support measures for seed industry development, and coordinate and solve major issues related to seed industry development.

The municipal and relevant district governments should strengthen seed management and the construction of professional and technical talent teams, and improve the seed management and technical service system. The township people's government shall implement seed related work within its administrative area.

Article 5

The agricultural, rural, and forestry departments are respectively responsible for the work of crop seeds and forest seeds within their respective administrative regions.

Development and reform, finance, science and technology, planning resources, education, human resources and social security, market supervision, intellectual property and other relevant departments should do a good job in seed work within their respective responsibilities.

Article 6

The municipal people's government shall formulate the development plan for the seed industry in this city in accordance with the rural revitalization strategy and the needs of agricultural and forestry development, and organize its implementation. The relevant district government shall formulate and implement the seed industry development plan in this district based on the local seed industry development plan and the actual situation of this district. The development plan of the seed industry should be connected with the national spatial planning.

Article 7

The Municipal People's Government shall establish a seed reserve system led by the government and involving multiple parties such as enterprises, and organize its implementation. The relevant district people's governments shall carry out seed reserve work in accordance with the requirements of the municipal seed reserve system and in combination with actual needs. Reserve seeds should be regularly inspected and updated.

The reserved seeds are mainly used for production needs and surplus/deficit adjustment in the event of disasters, to ensure the safety of agricultural and forestry production.

Article 8

The selection, testing, approval, and promotion of genetically modified plant varieties in this city shall be evaluated for safety in accordance with national regulations, and strict safety control measures shall be taken.

Article 9

This city promotes the establishment and improvement of a collaborative mechanism for seed work in the Yangtze River Delta region, and carries out cooperation and exchanges in breeding innovation, protection of new plant varieties, variety approval and recognition, standard formulation, talent cultivation, supervision and law enforcement, etc., to promote high-quality development of the regional seed industry. This city strengthens cooperation with other provinces and cities in seed work, promotes the sharing and utilization of germplasm resources, joint breeding research, and protection of new plant varieties.

The administrative management agencies of farms outside the city and the agricultural, rural, and forestry departments of the city should strengthen communication with the local government where the farms are located, and promote the seed work of farms outside the city.

Chapter 2 Protection and Utilization of Germplasm Resources

Article 10:

The agricultural, rural, and forestry departments of the city shall, in accordance with the requirements of the national and local seed industry development, and in accordance with the principles of protection priority, efficient utilization, government leadership, and diversified participation, jointly formulate plans for the protection and utilization of germplasm resources with relevant departments, clarify the goals and tasks of germplasm resource collection and preservation, basic research, deep excavation, protection system construction, sharing and innovative utilization, and organize their implementation.

Article 11

The agricultural, rural, and forestry departments of the city shall organize a germplasm resource survey in accordance with the national deployment and the actual needs of the city, to grasp the stock, characteristics, application status, and development process of germplasm resources in the city.

The local characteristic germplasm resources discovered by the municipal agricultural, rural, and forestry departments through germplasm resource surveys and other means shall be compiled into a catalog and published to promote the protection and utilization of local characteristic germplasm resources.

Article 12: Protected Areas and Sites

The municipal agricultural, rural, and forestry departments may establish germplasm resource banks, germplasm resource protection areas, and germplasm resource protection areas as needed, delineate regional boundaries, set up protection signs, clarify germplasm resource protection units, and make them public to the society. The establishment of germplasm resource banks, germplasm resource protection areas, and germplasm resource protection areas should be connected with national spatial planning; Those that meet the conditions will be included in permanent basic farmland.

Those who occupy germplasm resource banks, germplasm resource protection areas, or germplasm resource protection areas shall obtain the consent of the original establishment authority.

Article 13:

The site selection and route selection of construction projects should fully consider the needs of germplasm resource protection, avoid germplasm resource banks, germplasm resource protection areas, and germplasm resource protection areas, and avoid adverse effects on germplasm resources.

Article 14:

Germplasm resource protection units shall carry out the following work related to the protection and utilization of germplasm resources in accordance with the requirements of the municipal agricultural, rural or forestry departments:

Collect, organize, identify, register, preserve, reproduce, exchange, and utilize germplasm resources;

Research on basic theories and key core technologies for protecting germplasm resources, discover excellent genes, establish molecular fingerprint libraries, and create excellent germplasm;

Publicly disclose the germplasm resources available for utilization that it has preserved;

Professional technical training and popular science promotion.

This city encourages germplasm resource protection units to collaborate with higher education institutions, scientific research institutions, seed enterprises, technology promotion departments, and other units to carry out work such as germplasm resource collection, sorting, identification, registration, preservation, reproduction, exchange, and utilization.

The agricultural, rural, and forestry departments should provide corresponding support and guarantees to germplasm resource protection units.

Article 15:

If the germplasm resources are threatened due to natural disasters, environmental changes, etc., the agricultural, rural, and forestry departments should promptly organize rescue collection and protection.

If the germplasm resource protection unit is unable to continue preserving germplasm resources, it shall obtain the consent of the municipal agricultural, rural or forestry departments and hand over the germplasm resources to the corresponding germplasm resource protection unit or other units with preservation capabilities for continued preservation.

Article 16

No unit or individual shall occupy or destroy germplasm resources.

It is prohibited to engage in unauthorized collection, harvesting of germplasm resources, introduction of foreign species, and other harmful behaviors within the scope of germplasm resource banks, germplasm resource protection areas, and germplasm resource protection areas.

No unit or individual shall move or destroy the protection facilities and signs of germplasm resource banks, germplasm resource protection areas, and germplasm resource protection areas without authorization.

Article 17

This city encourages higher education institutions, research institutions, seed enterprises, technology promotion departments and other units or individuals to collect and introduce relevant germplasm resources in accordance with relevant national regulations, and submit germplasm materials to germplasm resource protection units. Among them, for those who use financial funds to collect and introduce, germplasm materials should be submitted. Germplasm resource protection units shall register and preserve them.

Article 18

On the premise of ensuring biosafety, this city encourages units and individuals to introduce germplasm resources from overseas.

The agricultural, rural, and forestry departments of the city shall, in conjunction with relevant departments, establish and improve quarantine and isolation mechanisms for imported crop and forest germplasm resources from overseas, and conduct quarantine and biosafety risk assessments on the imported germplasm resources.

Any unit or individual that provides germplasm resources overseas, or cooperates with overseas institutions or individuals to research and utilize germplasm resources, shall handle it in accordance with relevant national regulations.

Article 19:

The germplasm resources in germplasm resource banks, germplasm resource protection areas, and germplasm resource protection areas belong to public resources and should be opened and utilized in accordance with the law.

Those who need to utilize germplasm resources for scientific research and breeding can apply to germplasm resource protection units. If the germplasm resource protection unit has the conditions to provide, it shall provide; If the conditions are not met, the reasons should be explained.

If a germplasm resource protection unit provides germplasm resources to the applicant, it shall sign an agreement with the applicant, specifying the variety, quantity, cost, purpose, and feedback on the utilization of the germplasm resources provided.

Germplasm resource protection units shall regularly report the utilization of germplasm resources to the municipal agricultural, rural or forestry departments.

Chapter 3 Innovation in Seed Industry

Article 20

The municipal and district people's governments, as well as departments of agriculture, rural areas, forestry, science and technology, education, etc., should support higher education institutions, research institutions, etc. to strengthen basic, cutting-edge and applied technology research in the seed industry, as well as biological breeding technology research, and carry out public welfare research such as breeding of conventional crops, major afforestation tree species, and asexual breeding materials.

This city encourages higher education institutions, scientific research institutions, seed enterprises, etc. to carry out key core technology research and development, and improve the basic innovation ability of breeding.

Article 21

The departments of agriculture, rural areas, forestry, science and technology in the city should work together with relevant units to organize and implement joint breeding research, establish industrial innovation models, promote basic research collaboration, resource and material integration, breeding technology integration, and industrial chain connectivity, and improve the quality and speed of breeding.

This city supports seed enterprises to carry out commercial breeding innovation, through establishing research and development funds, jointly building laboratories, forming innovation alliances or industry university research and application innovation consortia with higher education institutions and research institutions, to carry out independent innovation and breakthrough variety selection in the seed industry.

This city encourages seed enterprises to use public welfare research results to cultivate excellent varieties with independent intellectual property rights; Open up common technologies and data resources in the seed industry, and drive the coordinated development of upstream and downstream industries through seed industry innovation.

Article 22

This city supports higher education institutions, scientific research institutions, and third-party professional institutions to carry out seed inspection technology research and development, as well as variety testing such as specificity, consistency, and stability testing. It provides technical services such as germplasm resource identification and evaluation, variety authenticity and purity molecular identification.

Article 23:

The people's governments of cities and relevant districts shall optimize the layout of seed industry bases in accordance with the development plan of the seed industry, and plan and construct seed research and experimentation, production and breeding, and achievement display demonstration bases with appropriate scale and centralized stability.

The agricultural and rural departments of the city should promote the construction of large-scale, standardized, and mechanized crop research and breeding, as well as high-quality seed production bases, and give priority to incorporating grain seed production bases into the scope of high standard farmland construction. The municipal forestry department should promote the construction of high-quality forest seed bases and guaranteed nurseries.

This city encourages higher education institutions, research institutions, and seed enterprises to establish research breeding and excellent seed bases outside the administrative area of this city.

Article 24:

The district people's government can combine the development advantages of the local seed industry to promote the construction of seed industry innovation parks, and provide technical support and consulting services for scientific research institutions and seed enterprises in the park to carry out seed research and development, processing, and result display and trading.

The seed industry innovation park should promote open scientific and technological cooperation among internal research institutions and seed enterprises in the park, and promote seed industry innovation, incubation acceleration, and achievement transformation.

Article 25

This city is promoting the transfer and transformation of scientific and technological achievements in the seed industry. The agricultural, rural, and forestry departments of the city should work together with relevant departments such as science and technology to establish a sound mechanism for distributing the rights and interests of scientific and technological achievements in the seed industry, and protect the legitimate rights and interests of all parties involved in the transformation of scientific and technological achievements in the seed industry in accordance with the law.

Higher education institutions and research institutions can cooperate with seed enterprises through the rights to new plant species, patents, germplasm resources, and technological methods.

Article 26

The municipal and district people's governments, as well as departments of agriculture, rural areas, forestry, science and technology, should support higher education institutions, research institutions, seed enterprises, etc. to carry out seed industry science and technology cultural exchange activities. By holding seed industry forums and building seed industry science and technology achievement exchange platforms, domestic and foreign seed leading enterprises and seed characteristic enterprises should be attracted to settle in this city.

Support seed enterprises to establish research and development institutions abroad and apply for new plant variety rights.

Chapter 4 Variety Management

Article 27

The main crop varieties and main forest tree varieties shall pass variety approval in accordance with relevant national regulations before promotion.

The main crop varieties and excellent tree varieties approved by this city shall be announced by the municipal agricultural, rural, and forestry departments respectively.

The agricultural, rural, and forestry departments of the city shall establish a Crop and Tree Variety Approval Committee in accordance with the law, responsible for the approval of the main crop and tree varieties in the city.

Article 28

If other provinces, autonomous regions, and municipalities directly under the central government introduce regional crop varieties and excellent tree varieties that belong to the same suitable ecological zone in this city, the introducer shall report the introduced varieties and regions to the municipal agricultural, rural or forestry department for record. Those that have been registered shall be announced by the municipal agricultural, rural or forestry departments.

The main crop introducers shall conduct at least one year of adaptability and disease resistance tests in the proposed planting areas.

Forest tree cultivators should conduct variety adaptability tests in the proposed planting areas.

The introduction of varieties with the right to new plant species shall obtain the consent of the variety owner in accordance with the law.

Article 29:

Varieties listed in the national non major crop registration directory should be registered in accordance with national regulations before promotion.

Varieties that are not listed in the national non major crop registration directory and meet the following conditions, breeders can apply to the municipal agricultural and rural department for variety recognition and submit standard samples:

Artificial breeding or discovery and improvement;

Having specificity, consistency, and stability;

The variety name complies with the national regulations on plant variety naming;

The variety test has been completed.

The recognized varieties shall be announced by the municipal agricultural and rural departments. Through recognition, advertisements, promotions, and sales can be published in the name of the recognized variety.

The specific identification methods shall be formulated by the municipal agricultural and rural departments.

Article 30:

If the municipal agricultural and rural department discovers that the identified non major crop varieties have false application documents, seed samples, or serious defects that cannot be overcome, the recognition shall be revoked and announced.

If a non major crop variety is revoked, it shall not be advertised, promoted, or sold in the name of the recognized variety.

Chapter 5 Seed Production and Operation

Article 31:

Those engaged in seed production and operation shall obtain a seed production and operation license or file for record in accordance with the law, except as otherwise provided by laws and administrative regulations.

If a seed producer or operator entrusts the production or sale of seeds, they shall sign a written agreement, specifying the types and names of crops and trees to be produced or sold, the duration of the entrustment, as well as the rights and obligations of both parties, breach of contract responsibilities, dispute resolution methods, etc.

Article 32:

Seed producers and operators shall establish and maintain production and operation records in accordance with regulations, recording the source, place of origin, quantity, quality, sales destination, sales date, and relevant responsible personnel of seeds, and ensuring traceability.

If the purchaser requests a sales certificate, the seed producer shall issue it.

Article 33:

Seed production, processing, packaging, warehousing, transportation, sales and other activities shall comply with relevant national regulations and technical regulations, and implement full process quality management.

This city encourages seed producers and operators to apply for seed quality certification from qualified certification institutions. Certified products can use certification marks on their packaging.

Article 34

Selling seeds should be accompanied by seed labels and instructions for use. Seed labels and instructions for use should comply with relevant national regulations.

This city encourages seed producers and operators to use electronic labels, collecting information such as seed labels, usage instructions, quarantine certificates, and seed production and operation licenses.

Article 35:

If a seed producer or operator sells seeds through the Internet or other information networks, it shall fully, truthfully, accurately and timely disclose the seed category, variety name, quality indicators, main traits, main cultivation measures, adaptability, risk tips and other information, and continuously publicize the business license and seed production and operation license it has obtained, or the link logo of the above information in a prominent position on the home page.

E-commerce platform operators shall verify and register the identity, address, contact information, business license, and seed production and operation permit of seed producers on the platform, establish registration files, and regularly verify and update them.

Chapter 6 Guarantee and Supervision

Article 36:

The municipal and district people's governments and relevant departments shall formulate policy measures to cultivate and introduce seed leading enterprises with talent, technology, and capital advantages, as well as seed characteristic enterprises with unique resources, varieties, and models. Encourage domestic and foreign seed enterprises to establish headquarters in this city, and provide corresponding support if they meet the conditions.

Article 37:

For higher education institutions, research institutions, seed enterprises, and technology promotion departments introducing high-level and urgently needed seed industry talents from both domestic and foreign sources, this city should provide policy support and guarantees in accordance with relevant regulations. The municipal human resources and social security department should work together with the municipal agriculture, rural areas, forestry and other departments to improve and optimize the evaluation standards for seed industry talents. Outstanding achievements in the protection, development and utilization of germplasm resources can be an important part of participating in the professional title evaluation; Give full play to the talent cultivation role of the continuing education base for agricultural and forestry professionals in this city.

This city encourages higher education institutions, research institutions, etc. to establish seed industry disciplines, majors, or offer seed industry related courses.

This city supports higher education institutions, scientific research institutions, and seed enterprises to carry out exchanges of breeding technology personnel.

Article 38

The municipal and district people's governments shall ensure financial investment, provide long-term and stable support for the collection and identification and preservation of germplasm resources, basic breeding research, variety experiment display and promotion, talent cultivation, etc., and provide key support for the construction of seed industry innovation parks, excellent seed bases, and guaranteed nurseries.

This city supports enterprises to carry out commercial breeding. Those who meet the conditions can be supported through direct subsidies, interest subsidies, and rewards instead of subsidies. Guide financial capital and other social capital to invest in the seed industry.

This city encourages cooperation between social capital and government investment funds to invest in seed industry technology demonstration applications, industrialization projects, etc. The investment returns of investment funds can be used for incentive and compensation purposes.

Article 39:

The municipal planning resources, agriculture and rural areas, and forestry departments should support the construction of public welfare infrastructure in the seed industry, ensuring the protection of germplasm resources and the reasonable demand for agricultural and forestry land and necessary production and living land for seed research and development, experimental demonstration, and production; Promote the tilt of facility agriculture and forestry land towards the construction of seed source facilities, and prioritize the support of research and development seed enterprises and seed research institutions for construction land indicators.

Article 40

This city strengthens the construction of the intellectual property protection system for the seed industry, and improves the linkage mechanism between administrative law enforcement and judicial protection of intellectual property protection. The departments of intellectual property, agriculture, rural areas, forestry, etc. shall provide guidance and services for the creation, application, protection, and management of seed industry intellectual property rights such as plant new variety rights and breeding method invention patents.

The agricultural, rural, and forestry departments of the city should strengthen the management of substantive derived varieties and improve the level of protection for new plant varieties.

Article 41:

The agricultural, rural, and forestry departments should use modern information technology to collect, organize, and analyze information on seed technology research and development, production and operation, market dynamics, and other aspects. They should rely on platforms such as "one network" for government services and "one network unified management" for urban operations to enhance the digital supervision and service capabilities of seed production, operation, and use.

Article 42:

The agricultural, rural, and forestry departments should strengthen the supervision and management of seed quality, carry out seed quality sampling and inspection activities in accordance with the law, and ensure the safety of agricultural and forestry seed use.

Article 43:

The agricultural, rural, and forestry departments should strengthen seed law enforcement, strengthen information sharing, clue reporting, and case handling cooperation with market supervision, public security and other departments, and crack down on illegal activities related to the production and operation of fake and inferior seeds in accordance with the law.

Article 44

The agricultural and rural areas, forestry departments, and relevant departments shall, in accordance with relevant national and municipal regulations, record illegal activities in seed production and operation, and collect them from the municipal public credit information service platform in accordance with the law.

For seed producers and operators who engage in dishonest behavior, the agricultural, rural, and forestry departments shall implement key supervision, and relevant administrative organs shall take disciplinary measures such as restricting financial support and restricting commendation and evaluation in accordance with the law.

Article 45

Any unit or individual has the right to report any violation of seed laws and regulations.

The agricultural, rural, and forestry departments should improve and perfect the complaint and reporting system, and make it public