Goto Main Content
:::

Chapter Law Content

Chapter V 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 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 operations of, and the categories of plant seeds involved in, the enterprise's business;
4. the amount of capitalization of the enterprise,
5. in the case of persons engaged in propagation work, the address of any related location where the propagation work 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 Subparagraph 2 or Subparagraph 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 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 new 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 one year after its registration is approved, or where an enterprise, after having started business operations, has ceased business operations for a period of one year without good cause, the special municipality or county/city competent authority may cancel the registration of the enterprise.
Article 48
The registration certificate shall be effective for a term of ten 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 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 days of ceasing business operations, a registered enterprise shall file with the special municipality or county/city competent authority an application to record the cessation of its business operations, and shall submit the enterprise's invalid registration certificate for cancellation. If such enterprise fails to file such application or make such submission, its registration shall be cancelled by the competent authority ex officio.
Article 50
The competent authority may send 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. No enterprise shall refuse to allow, avoid, 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
Generally the free importation and exportation of plant seeds, their harvested material, and products made directly from their harvested material is permitted; however, restrictions or prohibitions may be made 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 domestic agriculture industry development.
With respect to plant seeds, their harvested material, and products made 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 approval for the importation or exportation of transgenic plants shall be prescribed by the central competent authority.
Unless the applicant has obtained approval from the central competent authority to conduct field testing, has passed the field examination, and has submitted the documentation of the approval as issued by the central competent authority concerning the main purposes as declared in the application, a transgenic plant imported from abroad or bred domestically is prohibited from domestic promotion or sale.
The testing methods, application and examination procedures, relevant administrative regulations, and the standard rates of the testing fees of the field testing 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 order the importer to undertake any necessary procedures such as chemical treatment prior to importation.