How to protect the rights in accordance with the law when buying problem seeds?

Applicable law article

Article 49 of the newly revised seed Law stipulates: "the production and operation of fake or inferior seeds is prohibited. The competent departments of agriculture and forestry and relevant departments shall crack down on illegal acts of producing and managing fake and inferior seeds in accordance with the law, protect the legitimate rights and interests of farmers, and maintain the market order of fair competition.

The following seeds are false seeds: (1) impersonating non-seeds as seeds or seeds of this variety as seeds of other varieties; (2) seed types and varieties are inconsistent with the contents marked on the label or there is no label.

The following seeds are inferior seeds: (1) those whose quality is lower than the standards prescribed by the State; (2) those whose quality is lower than the index marked on the label; and (3) those with quarantine pests prescribed by the State.

In terms of case study

Fake and shoddy crop seeds are one of the most harmful commodities in the rural means of production market. it not only brings a large area of crop harvest reduction, no harvest and farmland waste, but also delays farming time and makes farmers' hard work for a year or a season come to naught.

In practice, it is rare to impersonate non-seeds as seeds, but the harm is great and the consequences are serious. The performance of conventional seeds such as wheat and soybeans may not be obvious, but for hybrid seeds, such as using grains such as hybrid corn and hybrid rice as seeds, the harm is great, and the yield reduction can generally reach 50%. For cabbage, tomato and other vegetables, the commodity is extremely poor, or even there is no market at all; the situation of impersonating this variety as another variety is mainly as if the old variety is passed off as a new variety, or an unsalable variety is pretended to be a best-selling variety.

Due to the different characteristics, scope of application and cultivation points of each variety, counterfeit varieties will cause misguidance to seed users, or plant inappropriate varieties, or adopt inappropriate cultivation and management techniques, etc. even if the seed purity and other indicators are very high, it will still lead to a reduction in yield; the species and varieties are not consistent with the label or there is no label, which is a fake seed, but it is different from the above-mentioned impersonation. Impersonation is a deliberate act, and the plot is even worse. If the mark does not match, it may be intentional or negligent.

Applicable law article

Article 46 of the seed Law stipulates that if a seed user suffers losses due to problems with the quality of the seed or due to the untruthfulness of the label and instructions of the seed, the seed user may claim compensation from the operator who sells the seed, it may also claim compensation from the seed producer or other operator. The amount of compensation includes purchase price, loss of available benefits and other losses.

In terms of case study

The seed purchase price here refers to the amount paid by seed users when they buy seeds; the loss of available benefits, that is, the difference between the expected income from normal planting crops minus the actual income from seeds with questionable planting quality. The relevant costs include not only the losses of other inputs (chemical fertilizers, pesticides, agricultural film, irrigation, etc.) caused by seed quality problems, but also the costs incurred in order to obtain compensation, such as transportation expenses, work delay fees, appraisal fees, litigation fees and so on.

When the right to the use of seeds is infringed, in order to ensure that the rights are protected in accordance with the law, correctly and in a timely manner, farmers should pay attention to collecting and retaining the following evidence:

Buy invoices. The invoice is the effective evidence to prove the establishment of the buying and selling relationship between the seed seller and the buyer and the existence of the causal relationship after the damage of rights and interests. When purchasing seeds, be sure to ask for invoices from the seed sellers, indicating the specific varieties and quantities, and those with special requirements should be indicated in the invoices.

The packaging of seeds. It is best to keep samples of unplanted seeds in the bags and cans. In the case of a large number of species purchased, it is best to keep unsealed samples.

Witness testimony.

The appraisal conclusion and the record of the inspection. Within the effective time limit for identification in the field, professional departments such as seed management, agriculture and forestry science and technology shall be invited to carry out identification and issue identification conclusions and on-site inspection records.

Apply for notarization of evidence preservation. Notarization of preservation evidence refers to the activities that the notary office verifies and extracts the evidence related to the rights and interests of the applicant, which may be lost or difficult to extract in the future, according to the application of citizens, legal persons or other organizations, in order to maintain its authenticity and proof. When seed users find signs of damage, they shall apply to the notarization department before the evidence is lost, and the notarization department shall retain the evidence by means of photography, video recording, sampling, etc.

In addition to the above-mentioned main evidence, seed users should also pay attention to collecting some relevant ancillary evidence, which can effectively supplement the main evidence. Such as seed instructions, warning signs, commitment of seed operators, advertising materials, etc.

If a civil dispute arises due to the use of seeds, the parties may resolve them through consultation, mediation, administrative appeal, arbitration and litigation. The first four kinds are not necessary procedures for handling seed disputes, and the parties may directly bring a suit in a people's court without any procedure (except if the two parties have reached an arbitration agreement).