Regulations of Shanghai Municipality on Seeds

Shanghai Municipal Bureau of Justice

Regulations of Shanghai Municipality on Seeds

(Adopted at the 6th Session of the Standing Committee of the 16thShanghai Municipal People's Congress on September 26, 2023)

Chapter I General Provisions

Article 1 With a view to protecting and rationally utilizing germplasm resources, standardizing the behavior of variety selection and breeding, seed production, operation and management, strengthening scientific and technological research in the seed industry, encouraging breeding innovation, protecting the right to new varieties of plants, safeguarding the legitimate rights and interests of seed producers, operators and users, improving the quality of seeds, promoting the high-quality development of the modern seed industry, and ensuring food security and seed source security, and promoting the development of agriculture and forestry, these Regulations are formulated in accordance with the Seed Law of the People's Republic of China and other relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality.

Article 2 These Regulations shall apply to the activities engaged in the protection and utilization of crop and forest germplasm resources, seed industry innovation, variety management, seed production and management, and related security and supervision within the administrative area of this Municipality.

Seeds as mentioned in these Regulations refer to planting materials or propagation 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 Municipality shall, in accordance with the national strategic deployment for the rejuvenation of the seed industry and the requirements for the development of modern urban agriculture, consolidate the foundation of germplasm resources, uplift the level of seed base construction, strengthen the main role of seed companies, optimize the environment for the development of the seed industry, encourage the independent innovation in the seed industry, leverage the synergistic advantages of industry-university-research collaboration, and build Shanghai into a seed industry innovation center that serves the whole country and targets at the world.

Article 4 The municipal and district people's governments shall strengthen the leadership of the seed affairs in their respective administrative areas, incorporate the seed work into the national economic and social development plan, include the seed industry innovation into the construction of scientific and technological innovation centers, improve the support measures for the development of the seed industry, and coordinate and solve major issues related to seed industry development.

The municipal and relevant district people's governments shall strengthen seed management and construction of professional and technical personnel, and improve the seed management and technical service system. Town/township people's governments shall carry out the work related to seed affairs within their respective administrative areas.

Article 5 Departments of agriculture, rural affairs and forestry shall be in charge of the work related to crop seeds and tree seeds within their respective administrative areas.

The departments of development and reform, finance, science and technology, planning resources, education, human resources and social security, market regulation, intellectual property rights and other relevant departments shall, within their respective responsibilities, accomplish the seeding work effectively.

Article 6 The Municipal People's Government shall, in accordance with the strategic deployment of rural revitalization and the needs of agricultural and forestry development, formulate the municipal seed industry development plan and organize its implementation. Relevant district people's government shall, in accordance with the development plan of the seed industry of this Municipality and in the light of the actual situation of the district, formulate and implement the development plan of the district seed industry. The development plan for seed industry should be coordinated with the national land and spatial planning.

Article 7 The Municipal People's Government shall establish a seed reserve system led by the government and involving multiple parties as enterprises, and organize its implementation. Relevant districts 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. The reserved seeds should be inspected and updated on a regular basis.

The reserved seeds are mainly used for the production needs and subject to surplus & shortage adjustment in the event of disasters to ensure the safety of agricultural and forestry production.

Article 8 The breeding, testing, approval, and promotion of genetically modified plant varieties in this Municipality shall be subject to safety evaluation in accordance with the provisions of the State, and strict safety control measures shall be taken.

Article 9 This Municipality promotes the establishment and improvement of seed coordination mechanism in the Yangtze River Delta region. It carries out cooperation and exchanges in breeding innovation, variety management, standard formulation, protection of new plant varieties, talent cultivation, supervision and law enforcement, in order to promote the high-quality development of regional seed industry. This Municipality strengthens the cooperation with other provinces and cities in seed work, and promotes the sharing and utilization of germplasm resources collaborative research on breeding, protection of new plant varieties, and the promotion of achievements.

Administrative institutions of farms outside the city area and the municipal departments of agriculture, rural affairs and forestry shall strengthen communication with the local people's governments where the farm is located and promote the seed work outside the city area.

Chapter II Protection and Utilization of Germplasm Resources

Article 10 The municipal department of agriculture, rural affairs and forestry shall, in accordance with the national and municipal requirements for seed industry development, and following the principles of prioritizing protection, efficient utilization, government leadership and multiple participation, jointly formulate plans for the protection and utilization of germplasm resources in conjunction with relevant departments to clearly define the goals and tasks related to the collection and preservation of germplasm resources, basic research, in-depth exploration, protection system construction, sharing and innovative utilization. The departments shall also organize and implement these plans.

Article 11 The municipal department of agriculture, rural affairs and forestry shall, according to the national deployment and the actual needs of this Municipality, organize and carry out a general survey of germplasm resources, so as to understand the stock, characteristics, application status and development process of germplasm resources in this Municipality.

The local featured germplasm resources discovered by the municipal agricultural, rural affairs, and forestry department through methods such as germplasm resource survey should be compiled into a catalog and be published to promote the protection and utilization of local featured germplasm resources.

Article 12  The municipal department of agriculture, rural affairs and forestry may, as needed, establish germplasm resource banks (plant nurseries), germplasm resource reserves and germplasm resource protection lands, and demarcate regional boundaries, set up protection signs, specify germplasm resource protection units and make them publicly available. The establishment of germplasm resource banks (plant nurseries), germplasm resource reserves and germplasm resource protection lands should be compatible with national land spatial planning.

The occupation of germplasm resources banks (plant nurseries), germplasm resources reserves, germplasm resources protection lands, shall obtain the consent of the original establishment authority, and go through the relevant procedures in accordance with the provisions.

Crop germplasm resource banks (plant nurseries), germplasm resource reserves and germplasm resource protection lands that comply with relevant laws and regulations shall be designated into permanent basic farmland according to law.

Article 13 The site selection and route selection of construction projects shall fully consider the needs of germplasm resources protection, avoid germplasm resources banks (plant nurseries), germplasm resources reserves and germplasm resources protection lands, and avoid adverse effects on germplasm resources.

Article 14 Germplasm resource protection units shall, in accordance with the requirements of the municipal department of agriculture, rural affairs and forestry, carry out the following work related to the protection and utilization of germplasm resources:

1. collection, collation, identification, registration, preservation, reproduction, exchange and utilization of germplasm resources;

2. basic theory and key core technology research on the conservation of germplasm resources, exploration of excellent genes, establishment of molecular fingerprint database, and creation of excellent germplasm;

3. make public its preserved germplasm resources available for use; and

4. organize professional and technical training and science popularization.

This Municipality encourages the conservation units of germplasm resources to collaborate with universities, research institutions, seed companies, technology promotion departments, and other units to carry out the conservation and utilization of germplasm resources listed in the preceding paragraph.

Agricultural, rural affairs and forestry department shall provide corresponding support and guarantee for germplasm resource protection units.

Article 15 In case of threats or damages to germplasm resources due to natural disasters, environmental changes, etc., the agricultural and rural affairs, forestry department shall promptly organize salvage collection and protection.

If a germplasm resource conservation unit is unable to continue preserving germplasm resources, it should report to the municipal department agricultural, rural affairs, or forestry department for approval and transfer the germplasm resources to the corresponding germplasm resource conservation unit or other capable units for continued preservation.

Article 16 No unit or individual shall encroach upon or destroy germplasm resources.

It is prohibited to collect or cut germplasm resources or introduce foreign species without permission in germplasm resources banks (plant nurseries), germplasm resources reserves and germplasm resources protection lands, and to engage in other acts that endanger germplasm resources.

No unit or individual may, without authorization, move or destroy the protection facilities and protection signs of germplasm resource banks (plant nurseries), germplasm resource reserves and germplasm resource protection lands.

Article 17 This Municipality encourages higher education institutions, scientific research institutions, seed companies, technology promotion departments, and individuals to collect and introduce relevant germplasm resources in accordance with relevant national provisions, and submit germplasm materials to germplasm resource protection units. Among them, if the collection and introduction are funded by financial resources, the germplasm materials should be submitted. Germplasm resource protection units shall register and preserve them.

Article 18 This Municipality encourages units and individuals to introduce germplasm resources from abroad. Units and individuals introducing germplasm resources from overseas shall handle them in accordance with the relevant provisions of the State and take corresponding safety control measures.

The municipal department of agriculture and rural affairs, forestry shall, together with relevant departments, establish and improve the quarantine and isolation mechanism for crop and forest germplasm resources introduced from abroad, and carry out quarantine pest and biosafety risk assessment on the introduced germplasm resources.

Any unit or individual that provides germplasm resources to overseas or conducts collaborative research and utilization of germplasm resources with overseas institutions or individuals shall handle it in accordance with relevant national provisions.

Article 19 The germplasm resources in germplasm resource banks (plant nurseries), germplasm resource reserves and germplasm resource protection lands are public resources and shall be open and utilized according to law.

For the needs of scientific research and breeding, etc., the utilization of germplasm resources can be applied to the germplasm resource protection unit. If the germplasm resource protection unit has the conditions to provide, it should provide; if it does not have the conditions to provide, it should explain the reasons.

Where a germplasm resource protection unit provides germplasm resources to the applicant, it shall reach an agreement with the applicant on the variety, quantity, fees, purposes and utilization feedback of the provided germplasm resources.

The germplasm resources protection unit shall regularly report the utilization of germplasm resources to the municipal department of agriculture, rural affairs or forestry department.

Chapter III Seed Industry Innovation

Article 20 The municipal and district people's governments and the departments of agriculture and rural affairs, forestry, science and technology shall strengthen the integration and utilization of innovation resources in the seed industry, optimize the layout of scientific research, promote the construction of platforms related to public services, promote the open sharing of resources such as large scientific instruments and facilities, laboratories, and public welfare research results, and support professional institutions to provide technical assistance and consulting services for enterprises, and improve the capacity and level of public services for seed industry innovation.

Article 21 The municipal and district people's governments and the departments of agriculture and rural affairs, forestry, science and technology, education and other departments shall support higher education institutions and scientific research institutions to strengthen research on basic, cutting-edge and applied technologies of seed industry and research on biological breeding techniques, and carry out public welfare research on the breeding of conventional crops and main afforestation tree species and the selection of clonal reproduction materials.

This Municipality encourages higher education institutions, scientific research institutions and seed companies to carry out core technology research and improve the basic innovation ability of breeding.

Article 22 The municipal departments of agricultural and rural affairs, forestry, science and technology shall, together with relevant units, organize and implement joint breeding research, establish an industrialization innovation model, promote joint basic research, resource and material integration, breeding technology and integration of industrial chains, so as to improve breeding quality and speed.

This Municipality supports seed companies to carry out commercial breeding innovation, and launches independent innovation in agricultural undertakings and breeding of ground-breaking varieties through the establishment of R&D funds with higher education institutions and scientific research institutions, the establishment of laboratories, the formation of innovation alliances or industry-university-research innovation consortia, etc.

This Municipality encourages seed companies to make use of public welfare research results, cultivate excellent varieties with independent intellectual property rights, carry out research and development of key common technologies in the seed industry, and drive the coordinated development of the upstream and downstream industry chain through seed industry innovation.

Article 23 This Municipality supports higher education institutions, scientific research institutions and third-party professional institutions to carry out research and development of seed testing technology and variety testing such as specificity, consistency and stability testing, and provides technical services such as germplasm resource identification and evaluation, variety authenticity and purity molecular identification.

Article 24 The municipal and relevant district people's governments shall, in accordance with the seed industry development plan, optimize the layout of seed industry bases, make planning to build a demonstration base for seed scientific research and testing, production and breeding, and for achievement display with appropriate scale and stable concentration.

The municipal agricultural and rural affairs department shall promote large-scale, standardized, mechanized, and intelligent scientific research and breeding of crops, as well as the construction of improved seed production bases. Priority should be given to including grain seed production bases in the scope of high-standard farmland construction. The municipal forestry department shall promote the construction of improved tree seeding bases as well as the construction of policy-oriented plant nurseries.

The municipal agricultural and rural departments shall promote the construction of large-scale, standardized, mechanized and intelligent crop scientific research and breeding and improved seed bases, and give priority to incorporating grain seed production bases into the scope of high-standard farmland construction. The municipal forestry department shall promote the construction of a good forest planting base and a policy-oriented plant nursery.

The Municipal People's Government shall implement the national plan for the construction of the Southern Breeding Science and Research Base, support the construction of the Shanghai Southern Breeding Science and Research Base, increase research support, improve related supporting facilities, and uplift the service level.

This Municipality encourages higher education institutions, research institutions, and seed companies to establish research and breeding bases for high-quality seeds outside the administrative area of this Municipality.

Article 25 District people's governments can combine the development advantages of the seed industry in the district, promote the construction of seed industry innovation park, and provide services and supports to the scientific research institutions and seed companies in the park to carry out seed research and development, processing, achievements display and trading.

The seed industry innovation park shall promote open scientific and technological cooperation between scientific research institutions and seed companies within the park, and promote seed industry innovation, incubation acceleration, and achievement transformation.

Article 26 This Municipality promotes the transfer and transformation of scientific and technological achievements in seed industry. The municipal department of agriculture, rural affairs and forestry shall, together with relevant departments of science and technology, optimize the transfer and transformation services of scientific and technological achievements in the seed industry, improve the distribution mechanism of scientific and technological achievements in the seed industry, and protect the legitimate rights and interests of all parties in the transformation of scientific and technological achievements in the seed industry according to law.

Higher education institutions and research institutions can collaborate with seed companies on plant variety rights, patents, germplasm resources, and other technical methods. This collaboration aims to establish a cooperative mechanism that emphasizes complementary advantages, clear division of labor, shared achievements, and pooled risks. The goal is to synergistically promote research and development and the transformation of scientific and technological achievements, thereby improving the effectiveness of the transfer and commercialization of scientific and technological achievements in the seed industry.

Article 27 The municipal and district people's governments and the departments of agriculture, rural affairs, forestry, science and technology shall support higher education institutions, research institutions, seed companies, and others in carrying out seed industry scientific and cultural exchange activities, and through organizing seed industry forums, establishing platforms for the exchange of seed industry scientific and technological achievements, and other means, to attract domestic and foreign leading seed companies and seed featured enterprises to settle in this Municipality.

Support should also be provided for seed companies to establish research and development institutions abroad and apply for plant variety rights.

Chapter IV Variety Management

Article 28 Before the main crop varieties and main tree varieties are popularized, they shall pass variety examination and approval in accordance with the relevant provisions of the State.

The municipal department of agriculture and rural affairs, forestry shall set up the examination and approval committee of crop and tree varieties according to law and be responsible for the examination and approval of the main crop varieties and tree varieties of this Municipality.

The main crop varieties and high-quality tree species approved by this Municipality shall be announced by the municipal department of agriculture and rural affairs, forestry respectively.

Article 29 In case of introducing crop varieties or superior tree species from other provinces, autonomous regions, or municipalities directly under the Central Government that belong to the same suitable ecological zone as this Municipality, the introducer shall file the introduced varieties and regions with the municipal agricultural and rural affairs or forestry department. Once filed, the municipal agricultural and rural affairs or forestry department will make an announcement.

The main crop introducers shall conduct adaptability and disease resistance tests in the proposed planting area for a period of no less than one year.

For the introduction of superior tree species, variety adaptability tests should be conducted in the proposed planting area.

For varieties with plant variety rights, the introducer shall obtain the consent of the rights holder in accordance with the law.

Article 30 Varieties included in the state non-major crop registration catalogue shall be registered in accordance with the provisions of the State before they are popularized. For varieties not included in the state non-major crop registration catalogue, the breeder may apply to the municipal department of agriculture and rural affairs for variety identification. Specific measures for identification shall be formulated by the municipal department of agriculture and rural affairs.

Chapter V Seed Production and Management

Article 31 Those engaged in seed production and operation shall obtain a seed production and operation license or go through the record-filing process in accordance with the law, unless otherwise provided by laws and administrative rules.

If seed production and operation units entrust the production or sale of seeds to others, they shall make agreements regarding the types and varieties of crops and trees, the names of the varieties, the duration of the agreement, as well as the rights, obligations, breach of contract responsibilities, and dispute resolution methods between the parties involved.

Article 32 Seed producers and operators shall, in accordance with the provisions, establish and keep production and operation files, record the seed source, origin, quantity, quality, sales destination, sales date and relevant responsible personnel, and ensure traceability.

Seed producers and business operators shall issue sales certificates if the purchasers require them.

Article 33 Seed production, processing, packaging, storage, transportation, and sales activities should comply with relevant national regulations and technical specifications, and implement comprehensive quality management throughout the process.

This Municipality encourages seed producers and operators to apply for seed quality certification from qualified certification bodies. Those who pass the certification can use the certification mark on their packaging.

Article 34 Sales of seeds shall be accompanied by seed labels and instructions for use. The seed labels and instructions for use shall comply with relevant state regulations.

This Municipality encourages seed producers and operators to use electronic labels, to collect seed labels, instructions for use, quarantine certificates, seed production and business licenses and other relevant information.

Article 35 Seed producers and operators who sell seeds through the internet or other information networks shall fully, truthfully, accurately, and promptly disclose information such as seed categories, variety names, quality indicators, main characteristics, main cultivation measures, adaptability, and risk warnings. They shall prominently display on their homepage the business license and seed production and operation permit they have obtained, or provide a link to the above information.

Electronic 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 VI Guarantee and Supervision

Article 36 The municipal and district people's governments and relevant departments shall formulate policies and measures to cultivate and introduce the leading seed companies that possess talent, technology and capital advantages, as well as the seed featured companies that have unique resources, varieties and models; they shall also strengthen the cultivation and support of seed companies that combine breeding, production and management. They shall encourage domestic and foreign seed companies to establish headquarters in this Municipality. Those that meet the conditions, shall be given corresponding support.

Article 37 For higher education institutions, scientific research institutions, seed companies and technology promotion departments that introduce high-level and urgently needed talents in the seed industry at home and abroad, this Municipality shall provide policy support and assurance in accordance with relevant provisions. The municipal human resources and social security department shall, in conjunction with the municipal agriculture and rural affairs, forestry and other departments, improve and optimize the evaluation criteria for professional titles of seed industry talents. Outstanding achievements in the protection, development, and utilization of germplasm resources can be considered as important content for professional title evaluation. This Municipality shall also leverage the role of the agricultural and forestry professional and technical personnel continuing education base in talent cultivation.

This Municipality encourages higher education institutions and scientific research institutions to set up specialty seed courses or offer courses related to seed industry.

This Municipality supports higher education institutions, scientific research institutions and seed companies to carry out exchanges of scientific and technological personnel in breeding.

Article 38 The municipal and district people's governments shall ensure financial investment, provide long-term and stable support for the collection, identification and preservation of germplasm resources, basic breeding research, variety test display and promotion, and personnel training, and give key support to the construction of seed industry innovation parks, improved seed bases and policy-oriented plant nurseries.

This Municipality supports enterprises in carrying out commercial breeding. For those that meet the conditions, support can be provided through direct subsidies, interest subsidies, fee subsidies, and other means.

This Municipality also encourages social capital to cooperate with government investment funds to invest in seed industry technology demonstration applications, industrialization projects, and other areas. The investment returns from the investment funds can be used for incentive rewards and subsidies.

Article 39 The municipal departments of planning resources, agriculture and rural affairs and forestry shall support the construction of public welfare infrastructure for the seed industry, and ensure the reasonable demand for agricultural and forestry land to be used for the protection of germplasm resources, seed research and development, experimental demonstration and production, and the necessary production and living land. They shall promote the allocation of agricultural and forestry land towards seed facility construction and prioritize land use indicators to support research and development-oriented seed companies and seed research institutions.

Article 40 This Municipality strengthens the construction of the seed industry intellectual property protection system, and improves the linkage mechanism of administrative law enforcement and judicial protection of intellectual property protection. Departments of intellectual property rights, agriculture and rural affairs, forestry and other departments shall provide guidance and services for the creation, application, protection and management of seed industry intellectual property rights such as new plant varieties rights and breeding method invention patent.

The municipal agricultural and rural affairs, forestry department shall support the research and development of new plant varieties with independent intellectual property rights, enhance the management of substantive derivative varieties, improve the protection level of new varieties, and promote independent innovation and original innovation in the seed industry.

Article 41 Departments of agriculture and rural affairs, forestry shall use modern information technology to collect, sort out and analyze information on seed technology research and development, production and management, market dynamics, etc., and rely on platforms such as "Government Online-Offline Shanghai" for government services and "Unified Online  Management" for urban operation to improve digital services and supervision capabilities in seed production, management and utilization.

Article 42 Departments of agriculture and rural affairs, forestry shall strengthen the supervision and management of seed quality, carry out random inspection and inspection of seed quality according to law, and ensure the safety of seed used in agriculture and forestry.

Article 43 Departments of agriculture and rural affairs, forestry shall strengthen seed law enforcement, enhance information sharing, clue notification, case handling coordination with market regulation, public security and other departments, and crack down on illegal acts of producing and marketing fake and inferior seeds according to law.

Article 44 For violations of the provisions of these Regulations, relevant departments shall, in addition to pursuing corresponding legal responsibilities in accordance with the law, collect the untrustworthy information of relevant units and individuals to the municipal public credit information service platform, and take disciplinary measures in accordance with the law.

Article 45 Any unit or individual has the right to report acts that violate seed laws and rules.

Departments of agriculture, rural affairs and forestry shall establish and improve a complaint and reporting system, publicly accept complaints and reports, and handle them in accordance with the law within the specified time frame.

Chapter VII Legal liability

Article 46 Where the Seed Law of the People's Republic of China and other laws and administrative rules have provisions for dealing with violations of these Regulations, such provisions shall prevail.

Article 47 Whoever, in violation of the provisions of Paragraph 3 of Article 16 of these Regulations, moves or destroys the protection facilities or protection signs of germplasm resource banks ( plant nurseries), germplasm resource reserves or germplasm resource protection lands without authorization shall be ordered by the departments of agriculture and rural affairs or forestry to make corrections within a time limit, and whoever fails to make corrections within the time limit shall be imposed a fine of not less than 500 yuan but not more than 5,000 yuan.

Chapter VIII Supplementary Provisions

Article 48 The management, breeding, production, operation, and other activities related to the germplasm resources of edible fungi, medicinal herbs, and grass species shall be carried out in accordance with these Regulations.

Article 49 These Regulations shall be effective as of November 1, 2023.