Allow farmers to sell seeds for their own breeding and exchange for controversy.

"if farmers have any surplus of conventional seeds for their own use, they can sell or exchange them at the market, and there is no need to apply for a license for seed production and operation." This provision of Article 37 of the revised draft seed Law is controversial. On October 31, a number of members of the standing Committee and deputies to the National people's Congress who attended the meeting suggested that the regulation be abolished during deliberation.

Committee member Xu Weigang said: in order to ensure seed quality and ensure the safety of seeds used by farmers, there is a strict management system for seed production, such as quarantine system, seed processing quality standards, purity, purity, germination rate, and so on. If farmers put the remaining seeds for self-propagation and self-use on the market, these seeds will be difficult to be regulated and guaranteed, and farmers who buy these seeds and accept serial exchange of seeds may be unsafe to use them. If there is a dispute over the use of quality, it is impossible to trace it back. He believes that there should not be a series of exchanges and sales of seeds for farmers' own use in the market.

"at present, the proportion of land transfer has exceeded 30 percent in most parts of the country, and many large grain growers, grain-growing cooperatives and economic organizations are engaged in grain production or seed production. After this rule is issued, they can sell the seeds on the market without any license, which is no longer for self-use, but for commercial purposes. However, in market management, it is basically impossible to distinguish between self-use and other use, which is prone to market chaos, causing great difficulties to the market maintenance and management of the competent departments at all levels. it also allows some seed producers and operators who do not abide by laws and regulations to evade the management of the license system for seed production of major crops and trees. " Xu Weigang suggested that Article 37 be deleted.

Committee member Guo Fenglian thinks that this regulation is too broad. Some of the seeds for farmers' self-propagation and self-use have certain applicability, but the emergence of fake and shoddy seeds often take the conventional seeds for self-propagation and self-use as a breakthrough, so this opening should not be too loose, otherwise it will infringe upon the interests of farmers. In reality, some sell fake seeds in the name of self-propagation and self-use. There are many such cases, which bring great harm to farmers.

Committee member Zhang Ping believes that there should be a definition as to whether seeds for self-propagation and self-use can be sold. "at present, some farmers have hundreds of mu or even thousands of mu and tens of thousands of mu of land, and the product surplus is very huge. If it can be sold on the market without a business license, it will be a very large number, which will have a great impact on the optimization of seed breeding, and it is very likely to have a negative impact. If there is a problem with planting in a large area, it will be a blind spot of the law and cannot be held accountable. " He suggested that after "there is a surplus of conventional seeds for farmers' own use," a sentence should be added: "if it does not belong to large-scale operation or if it does not belong to large-scale commercial operation, it can be sold and exchanged in the bazaar." at the same time, add "but bear the consequences" after "there is no need to apply for a seed production and operation license."

"Farmers' self-propagated seeds are sold freely in the market, and it is still quite difficult to manage them. There are many individual farmers, and there must be some regulation. If it is put too wide, seeds will be produced in every family, every village, and every mu of land, and new fake and shoddy will appear. There is no way to trace back the seeds propagated by farmers without historical records and scientific basis. If farmers are allowed to trade and sell freely in the market, they may lose control. " Lu Zhiming, vice chairman of the standing Committee of the Guizhou Provincial people's Congress, suggested that certain restrictions should be added after Article 37 of the revised draft. "conventional seeds that farmers have left for their own use" should be quantified or more specific regulations should be formulated. if there are no restrictions, it may cause losses to farmers.

Zhao Zhihai, a deputy to the National people's Congress, also discouraged the sale of seeds for farmers' own use in the market: "the seed market is chaotic because some small dealers can do it at will, and the cost of breaking the law is too low. We should not only consider the cost of buying seeds for farmers, but also consider the losses caused to farmers by fake and shoddy seeds."

"this will cause problems for seed management, law enforcement and agricultural production, as well as seed regulation and seed law enforcement." He Jianzhong, a deputy to the National people's Congress, suggested that certain restrictions be imposed on the number of seeds and the sown area, and relevant detailed rules should be issued.

It is difficult to solve the confusion of seed production without putting it on record.

Although the second draft of the revised draft of the seed Law has increased the punishment for illegal acts, during the group deliberation, some members of the standing Committee and those who attended the meeting still thought that it was not enough.

In order to simplify administration and delegate powers, the revised draft combines seed production license and seed management license into one, and simplifies prior license to filing. In this regard, member Bai Zhijian believes that the current chaos in seed production needs to strengthen the implementation of the system, and it is necessary to punish relevant acts to ensure the implementation of the system. "the news of illegal seed production reported many times in the media reflects that there is a lot of chaos in local illegal seed production, and reality tells us that we must strengthen supervision beforehand, during, and after the event. If the seed production and business license are merged into one, if the filing system is not implemented, it will be difficult to solve the problem of confusion in seed production. " He suggested that item 5 of Article 80 of the revised draft be amended to read "those who fail to put on record in accordance with the provisions of Article 39". The reason is that there is a prohibition of punishment to ensure the implementation of the system, and there is no corresponding penalty clause in the legal liability of the revised draft.

Committee member Ouyangsong believes that the provisions on fines in the revised draft are too small to deter illegal acts, especially violations of intellectual property rights. If the fine is far less than the illegal income from infringing intellectual property rights, then the infringement will continue to occur. It is suggested that the fine should be increased to stop the occurrence of illegal acts in this respect.

Zhang Zuoha, member of the Agricultural and Rural Committee of the National people's Congress, suggested unifying the standard and amount of punishment for two illegal acts of production and operation of fake seeds and counterfeit authorized varieties. "according to the provisions of Article 49, seeds of this variety impersonating seeds of other varieties shall belong to false seeds. In the actual operation at the grass-roots level, it is difficult to distinguish and identify the two kinds of illegal acts. The first draft review stipulates the same penalty standard and amount for the two illegal acts, but the second draft contains different provisions in Article 73 and Article 75, which is not conducive to the development of law enforcement activities at the grass-roots level. It is suggested that the provisions in the draft of the first instance should be restored, or the punishment standards of the two should be converged and unified. "

Zhao Zhihai, a deputy to the National people's Congress, suggested adding a provision that illegal information should be included in personal integrity records in the legal liability. "in order to increase the punishment for illegal acts, an article may be added to the legal liability for those who violate the provisions of this Law, engage in production and operation infringement, counterfeit seeds, fabricate false variety test seed inspection data, fake seed production and operation files, mark false seed label information and other dishonest acts, their illegal information shall be included in personal integrity files and made public to the public."

"the production and operation of fake and shoddy seeds should be severely punished and cracked down on. In addition to revoking the license for seed production and operation, it shall also be impossible to engage in seed production and operation within 10 years or forever, and if the circumstances are serious, a penalty shall be imposed. " Jiang Jian, a deputy to the National people's Congress, believes that greater efforts should be made to stop illegal acts. While strengthening government supervision, we should announce the situation of seed testing, inspection and inspection to the market, let the market eliminate or restrict illegal enterprises, use the power of consumers to control fake and shoddy seeds, and force enterprises to be honest.

The combination of industry, university and research should be encouraged in scientific research institutions.

In order to stimulate the market vitality of enterprises, the second draft of the revised draft of the seed Law has given enterprises a "green light". During the group deliberation, some members of the standing Committee held that the state should encourage scientific research and teaching units, especially applied scientific research and teaching units, to carry out industry-university-research integration. It is unfair to just give enterprises a "green light". It is suggested that "scientific research and teaching units" should be added to arouse the enthusiasm of both sides.

Committee member Yan Xiaopei suggested adding provisions in Article 17 to implement the combination of breeding, production and management, seed enterprises that meet the conditions prescribed by the competent agricultural and forestry departments under the State Council, as well as scientific research and teaching institutions that meet the conditions prescribed by the competent agricultural and forestry departments under the State Council, the main crop varieties and major forest varieties independently developed by them may complete the test on their own in accordance with the examination and approval measures. The variety approval committee that meets the examination and approval standards shall issue an examination and approval certificate.

"Scientific research institutes are actually the main force in the experimental stage of seed protection, research and breeding, and it is not reasonable to exclude them." Committee member Zhu Jingzhi pointed out.

Committee member Xu Weigang suggested that Article 17 be revised as "seed enterprises and scientific research and teaching institutions that combine breeding and production shall be implemented if they meet the conditions prescribed by the competent department of agriculture and forestry under the State Council." The reason is that the Ministry of Agriculture has issued the Circular on further improving and perfecting the examination and approval of Variety Test, stipulating that qualified scientific research and teaching institutions also have the right to conduct independent experiments. In addition, the scientific and technological personnel of scientific research and teaching institutions throughout the country are not only the main body in variety selection, but also have the ability to conduct independent experiments, and they should be given such rights.

Committee member Wen Fujiang believes that the seed law should stipulate a transitional clause from breeding in current institutions of higher learning and scientific research institutions to breeding in enterprises, so as to solve the way out for the seeds bred by colleges and universities and the seed resources they have.