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Chapter 5 Plant Seed Administration
Article 44
Unless a plant seed enterprise has obtained approval from the special municipality or county/city competent authority and has been issued a plant seed enterprise registration certificate, such enterprise shall be prohibited from engaging in business operations.
The qualification requirements and facility standards for plant seed enterprises shall be prescribed by the central competent authority.
Article 45
The plant seed enterprise registration certificate shall indicate the following matters:
1. the registration certificate number and the date, month, and year of the registration;
2. the name and address of the plant seed enterprise, and the name of the person responsible for such enterprise;
3. the scope of the operations of, and the categories of plant seeds involved, the enterprise's business;
4. the amount of capitalization of the enterprise;
5. in the case of persons engaged in propagation, the address of any related location where the propagation takes place;
6. the term of validity of the registration certificate; and
7. other related matters.
If a change occurs with respect to the matters under Subparagraphs 2 or 3 of the preceding Paragraph, an application for amendment to the enterprise's registration shall be filed with the government authority agency that approved and issued the original registration certificate within thirty(30) days of the date of such change. The competent authority may order an enterprise that has failed to apply for an amendment to its registration within such time limit to amend its registration within a specified time limit.
Article 46
The following information shall be marked, mainly in Chinese together with the denomination of the plant variety in Roman letters, on the packaging, containers, or labels of a plant seed sold by a plant seed enterprise:
1. the name and address of the plant seed enterprise;
2. the botanical taxons of the plant seeds and the Chinese variety denomination of the plant seed, or the plant variety right registration certificate number;
3. the place of production;
4. weight and quantity; and
5.any other matters required by the central competent authority.
With respect to seeds under Subparagraph 2 of the preceding Paragraph, information concerning the germination percentage and testing date shall be marked; in the case of grafted plants, information concerning the botanical taxons and denominations of the scion as well as the stock shall be marked.
Article 47
Where a plant seed enterprise fails to start business operations within 1 year after its registration is approved, or where an enterprise, after having started business operations, has ceased business operations for a period of 1 year without justifiable reasons, the special municipality or county/city competent authority may annul the registration of the enterprise.
Article 48
The registration certificate shall be effective for a term of ten (10) years. Plant seed enterprises that need to continue their business operations after the end of such term shall file an application for re-issuance of the registration certificate, together with the original registration certificate, within three months prior to the final date of such term. If a plant seed enterprise fails to file such an application or otherwise fails to meet the requirements of this Act, the enterprise's original registration certificates shall be published by the competent authority as invalid.
Article 49
Within thirty (30) days of annulling business operations, a registered enterprise shall file an application with the special municipality or county/city competent authority to record the cessation of its business operations and shall submit the registration certificate for annulment. If such enterprise fails to file the application or make such submission, its registration shall be canceled by the competent authority ex officio.
Article 50
The competent authority may assign inspectors to inspect whether a plant seed enterprise meets the qualification requirements and facility standards, as well as the labeling of plant seeds sold by the enterprise. A plant seed enterprise shall not refuse, evade, or obstruct the inspection. If the inspection results reveal any inconformity with the requirements and standards set forth in Paragraph 2 of Article 44, the competent authority shall notify the enterprise to correct the noncompliance within a specified time limit.
Inspection personnel shall present official identification when performing official duties.
Article 51
Seeds, their harvested material, and products processed directly from their harvested material should be allowed to be freely imported and exported. However, restrictions or prohibitions may be imposed in the following circumstances:
1. Import and/or export may be restricted due to international treaties or trade agreements, or for the purpose of protecting rights in such plant varieties, or due to public safety, sanitation, environmental protection, ecological protection, or policy needs.
2. Import and/or export may be prohibited if it hinders national security or national interests, or affects the development of domestic agriculture industry.
With respect to plant seeds, their harvested material, and products processed directly from their harvested material that are subject to the import and/or export restrictions and/or prohibitions under the preceding Paragraph, their botanical taxa, quantities, areas or regions, time periods, and conditions shall be published by the central competent authority after consulting with relevant authorities.
Article 52
Without the approval of the central competent authority, the importation or exportation of transgenic plants is prohibited.
The regulations governing the approval for the importation or exportation of transgenic plants shall be prescribed by the central competent authority.
Transgenic plants introduced from abroad or cultivated domestically shall be prohibited from domestic promoting or sale unless they have been approved by the central competent authority for field experience and are accompanied by a consent document approved by the central competent authority for the intended purpose.
The testing methods, application and examination procedures, relevant administrative regulations, and the standard rates of the testing fees of the field experience referred to in the preceding Paragraph shall be prescribed by the central competent authority.
Due to food safety and environmental safety, transgenic plants shall be appropriately packaged and labeled for import, export, transport, marketing, and sale. The packaging and labeling regulations shall be prescribed by the central competent authority.
Article 53
No imported plant seed shall be used for any purposes other than the declared purpose of importation.
In order to prevent any imported plant seeds from being used for purposes other than the declared one, the central competent authority may require the importer to undertake necessary treatments such as pesticide treatment beforehand.