Date of award: 65438+1adopted at the second meeting of the Standing Committee of the Eighth NPC on July 2, 993. On February 28th, 2002, the 3rd1revision of the Ninth NPC Standing Committee. Implemented on March 1 2003. Chapter 99 of the new agricultural law *** 13.

Chapter I General Provisions, Article 9. It is about some basic categories of agricultural law, including the legislative purpose, the scope of legal adjustment, the meaning of agricultural production and operation organizations, the basic objectives of agricultural and rural economic development, the multi-function of agriculture, the basic system of agriculture and rural areas, the basic measures taken by the state to promote agricultural development, the principle of protecting farmers' rights and interests, and the management and service functions of the government and its competent departments on agriculture and rural economy. The provisions of this chapter are basically revised and improved on the basis of the original agricultural law, from which we can see some basic points of the revision of this agricultural law, such as attaching importance to increasing farmers' income and protecting farmers' rights and interests, promoting agricultural industrialization, promoting the innovation of agricultural and rural management system, establishing a national support and protection system for agriculture, and attaching importance to sustainable development.

Chapter II There are five agricultural production and management systems. The framework of agricultural production and management system is outlined from the aspects of basic system, main body and basic mode of production, involving rural land contract management system, farmers' cooperative economic organizations, enterprises, agricultural product trade associations and industrialized management.

Chapter III Agricultural Production, Article * * * 1 1. In order to meet the requirements of the new stage of agricultural development, the third chapter of the original agricultural law "agricultural production" has been greatly adjusted, and the following contents have been added and supplemented: first, agricultural development planning and regional layout of agricultural production; The second is to plant improved varieties; The third is the quality and safety management of agricultural products. The main contents include: making agricultural development plans and forming a reasonable regional layout of agricultural production; Adjustment of agricultural production structure; Agricultural and rural infrastructure construction; Breeding, production, renewal and popularization of improved varieties of animals and plants; Construction of farmland water conservancy facilities and water-saving agriculture; Agricultural mechanization; Agrometeorology; Quality and safety management of agricultural products; Certification and labeling system for high-quality agricultural products; Animal and plant epidemic prevention system; System of production, management and use of agricultural means of production.

Chapter IV Circulation and Processing of Agricultural Products. Further clarified the reform direction of agricultural product purchase and sale system and the basic characteristics of agricultural product market system, stipulated that agricultural product purchase and sale should be regulated by the market, the state gradually established a unified, open, competitive and orderly agricultural product market system, and carried out various forms of agricultural product circulation activities, requiring governments at all levels to take measures to ensure smooth transportation of agricultural products and reduce the circulation cost of agricultural products. It also stipulates that the state supports the development of agricultural products processing industry and food industry to increase the added value of agricultural products, and the state takes necessary measures to promote the export of agricultural products and reduce the major adverse effects of imported agricultural products on domestic related agricultural products production.

Chapter v food security. Mainly made the following provisions: First, protect the grain production capacity and establish a farmland protection system. Second, the state gives key support to major grain producing areas in terms of policies, funds and technology, and establishes a stable commodity grain and production base. Third, a protective price system can be implemented for some grain varieties. Fourth, the state has established a food security early warning system and a graded reserve adjustment system. Fifth, the state establishes a grain risk fund.

Chapter VI Protection of Agricultural Input and Support, with clauses *** 1 1. First, establish agricultural support and protection policies in line with WTO rules, and stipulate the use direction of financial funds for supporting agriculture in accordance with the "green box" and "yellow box" policies; The second is to further clarify the requirements of the central and local governments for the growth rate of agricultural investment, and strengthen the audit, supervision and management of financial funds for supporting agriculture; Third, encourage farmers and agricultural production and operation organizations to increase agricultural investment and encourage social funds to invest in agriculture; Fourth, under the premise of convergence with WTO rules, clearly implement the income support policy for farmers; Fifth, encourage and support the development of agricultural information services; Sixth, it is stipulated to establish and improve the rural financial system and encourage financial institutions to provide financial support to agriculture; Seventh, encourage commercial agricultural insurance, support agricultural mutual insurance, and establish and improve agricultural policy insurance institutions.

Chapter VII Agricultural Science and Technology and Agricultural Education, with 9 articles in total. Main revisions: First, the contents of agricultural science and technology and agricultural education planning formulated by the State Council and provincial people's governments. Second, the state is required to encourage the strengthening of basic and applied research in agricultural science and technology, accelerate the transformation and industrialization of scientific and technological achievements, protect intellectual property rights such as new varieties of animals and plants, and encourage and attract social forces to increase investment in agricultural science and technology. The sustained and healthy development of agriculture and rural economy ultimately depends on the progress of science and technology and the development of agricultural education. The third is to increase regulations and establish an agricultural technology extension system that combines government support with market guidance, paid and unpaid, and national agricultural technology extension institutions with social forces. Fourth, it is stipulated that the people's governments at or above the county level should stabilize and strengthen the agricultural technology popularization team and ensure the working funds of agricultural technology popularization institutions. Fifth, increase the funds for compulsory education in rural areas guaranteed by the state, including the wages of ordinary primary and secondary school workers and the construction and maintenance costs of teaching facilities such as school buildings. Sixth, the state develops agricultural vocational education, supports the development of agricultural practical technical training, farmers' green certificate training and other employment training, and improves farmers' cultural and technical quality.

Chapter VIII Agricultural Resources and Agricultural Environmental Protection, *** 10. The content involves the utilization and protection of natural resources such as land, water, forest, grassland, wild animals and plants, the utilization and protection of renewable energy and clean energy such as hydropower, biogas, solar energy and wind energy, and the prevention and control of environmental pollution by waste water, waste gas and fixed waste. It coordinates the relationship between the development, utilization and protection of natural resources and environment in the development of agriculture and rural economy, so as to realize the optimal allocation of agricultural production factors and produce the most products with the least resources, so as to achieve

Chapter IX Protection of Farmers' Rights and Interests, Article *** 12. In view of the widespread phenomenon of infringing on the rights and interests of farmers and agricultural production and operation organizations in rural areas of China, provisions are made respectively to protect the legitimate rights and interests of farmers and agricultural production and operation organizations from infringement.

Chapter X Rural Economic Development, Article 8. The guidelines and related measures for rural economic development are stipulated. Clarify the basic principles, measures and objectives of the all-round development of rural economy; The key point is to further stipulate measures for rural economic development, including: developing township enterprises; Promote the construction of small towns; Consolidate and develop rural cooperative medical care and other medical security systems; Support the development of poverty-stricken areas; Increase investment in poverty alleviation and development.

Chapter III XI Law Enforcement Supervision. It mainly includes taking measures to improve the agricultural administrative management system that meets the requirements of the socialist market economy, strengthening the responsibilities of planning, guidance, management, coordination, supervision and service, administering according to law and enforcing the law fairly, implementing comprehensive law enforcement, and improving the efficiency and level of law enforcement. Measures taken by the administrative department of agriculture of the people's government at or above the county level in performing their duties of supervision and inspection, supervision and inspection personnel shall show their law enforcement certificates when performing their duties of supervision and inspection, and the units and individuals under inspection shall cooperate with them.

Chapter XII Legal Liability, Article 8. The legal liability for violating the agricultural law refers to the legal consequences borne by the parties who violate the provisions of the agricultural law, that is, the obligations with direct force that are recognized by special state organs and belong to the illegal parties because they violate the legal rights stipulated in the agricultural law or fail to perform the legal obligations stipulated in the agricultural law. The so-called legal provisions mainly refer to the prohibitive, restrictive or mandatory provisions made by law; The implementation of illegal acts includes acts and omissions. Legal liability is generally divided into administrative liability, civil liability and criminal liability. Administrative responsibility is generally divided into two categories: administrative punishment and administrative punishment. Administrative sanctions are divided into: warning, demerit recording, demerit recording, demotion, dismissal and dismissal. The types of administrative punishment include: warning, fine, confiscation of illegal income, confiscation of illegal property, order to stop production or business, temporary suspension or revocation of license, temporary suspension or revocation of license, administrative detention and other administrative punishments stipulated by laws and regulations. Civil liability, the way to bear civil liability, can be applied separately or in combination. Criminal responsibility, this law only stipulates that criminal responsibility should be borne, but what kind of criminal responsibility should be investigated specifically shall be determined by judicial organs according to specific criminal facts and circumstances and in accordance with relevant laws.

Chapter XIII Supplementary Provisions Article 2. It is about the legal status of contract workers in state farms and other enterprises and institutions and the effective date of this law.

Second, the seed method

It was adopted by the 16th meeting of the Standing Committee of the Ninth NPC, promulgated on July 8, 2000, and implemented on February 0, 2002. Seed Law *** 1 1 Chapter 78.

The purpose of legislation is to protect and rationally utilize germplasm resources, standardize the behavior of variety breeding and seed production, management and use, safeguard the legitimate rights and interests of variety breeders, seed producers, operators and users, improve seed quality, promote seed industrialization and promote the development of planting and forestry.

What is a seed?

Seeds refer to the planting materials or propagation materials of crops and trees, including grains, fruits, roots, stems, seedlings, buds and leaves.

The main body of seed management: Article 3 of the Seed Law stipulates that the competent departments of agriculture and forestry in the State Council are respectively in charge of the work of crop seeds and forest seeds throughout the country; The administrative departments of agriculture and forestry of the local people's governments at or above the county level are respectively in charge of the work of crop seeds and forest seeds within their respective administrative areas.

Scope of main crops: Article 74 of the Seed Law stipulates that rice, wheat, corn, cotton and soybean are the main crops, while the Ministry of Agriculture has identified rape and potato, and the Hubei Provincial Department of Agriculture has also identified peanuts and watermelons as the main crops.

Seed production: Article 20 of the Seed Law stipulates that the commercial seed production of major crops and major trees shall be subject to a licensing system.

Production licenses for hybrid seeds, parent seeds and conventional seeds of major crops shall be examined by the competent agricultural departments of the people's governments at the county level where the production is located and issued by the competent agricultural departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. In other words, the production of the above seeds must have a production license. Procedures for issuing seed production licenses: individual applications shall be submitted to the county-level agricultural authorities for examination and approval, and shall be issued by the provincial agricultural authorities. However, seed production (Ministry of Agriculture) requires the following conditions:

1. The registered capital for producing conventional seeds (including original seeds) and hybrid parent seeds is above 1 10,000 yuan; The registered capital of hybrid seed production is more than 5 million yuan.

2. There should be seed threshing ground and drying equipment.

3. Necessary storage facilities.

4. There are 2 seed inspectors who have passed the examination by administrative departments at or above the provincial level, and more than 3 professional seed production technicians.

Only with the above conditions can we get the seed production license.

Seed management: Article 26 of the Seed Law stipulates that seed management is subject to a licensing system. Seed operators must obtain a license before they can apply to the administrative department for industry and commerce for handling or changing their business licenses with the seed business license.

The seed business license shall be subject to grading examination and approval system. General conventional seeds and seed business licenses shall be issued by the agricultural administrative department of the local people's government at or above the county level where the seed operator is located. Hybrid seeds, parent seeds, conventional seeds and original seeds of major crops shall be audited by the agricultural administrative departments of the people's governments at the county level where the seed operators are located, and issued by the agricultural administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

According to the regulations of the Ministry of Agriculture, units or individuals applying for operating licenses for hybrid seeds of major crops must meet the following conditions: 1, and apply for a registered capital of more than 5 million yuan; 2, to have a seed inspection room and inspection instruments, there are more than 2 seed inspection personnel who have passed the examination by the agricultural administrative department at or above the provincial level; 3. Complete sets of seed processing equipment, technicians 1 person.

Concept of fake and inferior seeds: Article 46 stipulates that the production and operation of fake and inferior seeds are prohibited.

The following seeds are false seeds:

1, using non-seeds as seeds or using seeds of this variety as seeds of other varieties;

2. The seed type, variety and place of origin are inconsistent with the contents marked on the label;

The following seeds are inferior seeds:

1, the quality is lower than the national planting standard;

2, the quality is lower than the label index;

3, due to deterioration can not be used as a seed;

4. The proportion of weed seeds exceeds the regulations;

5. Pests subject to quarantine as stipulated by the state.

Legal liability: Article 59 stipulates that those who produce and operate fake and inferior seeds shall be ordered by the agricultural administrative department or the industrial and commercial administrative department of the people's government at or above the county level to stop production and operation, and the seeds and illegal income shall be confiscated; Revoke the seed production license, seed business license or business license, and impose a fine; If there is illegal income, a fine of more than five times and less than ten times shall be imposed; If there is no illegal income, a fine of not less than two thousand yuan but not more than five thousand yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 60 stipulates that if a seed production or business license is not obtained, or a seed production or business license is forged, altered, sold or leased, or seeds are not produced or business in accordance with the provisions of the seed production and business license, the agricultural administrative department at or above the county level shall confiscate the seeds and illegal income, and impose a fine of more than one time but less than three times the illegal income; If there is no illegal income, a fine of not less than one thousand yuan but not more than thirty thousand yuan shall be imposed; The license for illegal seed production and operation may be revoked, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 62 of the Seed Law stipulates:

1, managed seeds should be packaged without packaging;

2. The seeds are not labeled or the contents of the labels do not conform to the provisions of this Law;

3. Forge or alter labels or detect and test data;

4, not according to the provisions of the production and preservation of seed production and operation files;

5, seed operators set up branches in different places not according to the provisions of the record.

The administrative department of agriculture at or above the county level or the administrative department for industry and commerce shall order it to make corrections and impose a fine of 1000 yuan or more 1 10,000 yuan or less.

Article 69 of the Seed Law stipulates that anyone who forces a seed user to buy or use seeds against his will and causes losses to the user shall be liable for compensation.

Three. Regulations on pesticide management

The State Council released 1997 on May 28th, and revised 1 165438 on May 29th, 2006, which was implemented simultaneously.

Legislative purpose: In order to strengthen the supervision and management of pesticide production, management and use, ensure pesticide quality, protect agricultural and forestry production and ecological environment, and ensure the safety of people and livestock, these regulations are formulated.

Pesticide category:

1. Prevent, eliminate or control diseases, insects, grasses, rats, mollusks and other harmful organisms that endanger agriculture and forestry;

2. Prevent, eliminate or control diseases, insects, rats and other pests in the warehouse;

3, used for fresh-keeping or preservation of agricultural and forestry raw material products;

4. Prevent, eliminate or control mosquitoes, flies, cockroaches, cockroaches, rats and other harmful organisms.

Theme of pesticide management:

Article 5 of Chapter 1 of the Regulations on Pesticide Management stipulates that the agricultural administrative departments of the people's governments at the county level and the people's governments of cities and autonomous prefectures with districts are responsible for the supervision and management of pesticides within their respective administrative areas.

Pesticide business unit:

Article 18 stipulates:

1, the business unit of agricultural means of production of supply and marketing cooperatives;

2. Plant protection station;

3. Soil and fertilizer station;

4. Agricultural and forestry technology extension institutions;

5, forest pest control institutions;

6, pesticide production enterprises;

7. Other business units specified by the State Council.

Conditions for pesticide management:

1, with technicians suitable for the pesticides it deals in;

2. Having business premises, equipment, storage facilities, safety protection measures and environmental pollution prevention facilities and measures suitable for the pesticides it manages;

3, there are rules and regulations that are suitable for the pesticides they operate;

4. It has a quality management system and management means suitable for the pesticides it manages.

Pesticide quality:

What is a fake pesticide?

Article 3 1 stipulates that:

1, passing non-pesticides off as pesticides or passing such pesticides off as other pesticides;

2. The types and names of the active ingredients contained are inconsistent with those of the pesticide active ingredients indicated in the product label or instruction manual.

What is inferior pesticide?

Article 32 provides that:

1, which does not meet the quality standard of pesticide products;

2. Loss of efficiency;

3. Harmful ingredients are mixed to cause drug damage.

Legal liability:

Paragraph 1 of Article 40 stipulates that: those who engage in pesticide business without obtaining pesticide registration certificate or temporary registration, or whose production and business operations are cancelled, shall be ordered to stop production and business operations, their illegal income shall be confiscated, and a fine of 1 times or more and 10 times or less shall be imposed; If there is no illegal income, a fine of more than 654.38 million yuan shall be imposed.

In a joint inspection of pesticides in cities and counties, it was found that 3% carbofuran produced by Sino-foreign Nongfeng Chemical Co., Ltd., Gedi Shen Ying produced by Yuanyang pesticide plant and 39% carbofuran granules sold by several business units marked the pesticide registration number on the label bag, but this registration number was not found in the national pesticide registration announcement. Obviously, these pesticides are all pesticides with forged registration numbers. According to the provisions of this paragraph, administrative penalties may be imposed. This paragraph confiscates illegal income. What is illegal income? Refers to the sales income from the production and operation of pesticides, that is, the retail price of pesticides. There are three main points in this penalty: first, it is ordered to stop production and business; Second, confiscate the illegal income; Third, on the basis of confiscation of illegal income, according to the total retail price of sales revenue, depending on their attitude, a fine of 1 times the total sales amount but not more than 10 times will be imposed. These three punishments are executed at the same time.

Article 40 provides that:

Anyone who produces or deals in pesticide products with no label on the product packaging, incomplete label or unauthorized modification of the label content shall be given a warning, his illegal income shall be confiscated, and he may be fined less than 3 times of his illegal income. If there is no illegal income, a fine of less than 30 thousand yuan may be imposed.

In a pesticide market inspection, the turmeric produced by Hubei Chuhong Group sold by a pesticide business owner has no grass, and the registration number (LS2000637) is used for turmeric, rape, wheat, fruit trees and so on. Check the pesticide registration announcement. The registration number is 5% Jingkui He Ling EC registered by Hubei Agrochemical Experimental Factory, and its application scope is only one kind of rape. There is no such production of Hubei Chuhong Group in the registration announcement. According to the provisions of this paragraph, administrative penalties may be imposed. This kind of punishment for out-of-range use is different from that for sales without registration number, except for the different amount of punishment and the different discretion. The latter punishment of "confiscation of illegal income and fine" cannot be substituted for each other, because it means confiscation of illegal income and fine at the same time, and at the same time, a fine will be added. These two punishments cannot be substituted for each other and should be carried out at the same time. "Concurrent" is different from "concurrent", which is a kind of discretion given to administrative law enforcement departments by laws and regulations. According to the different situations of illegal acts, law enforcement departments can punish according to law or not, which is the legal embodiment of "specific circumstances, specific treatment".

Article 44 of the Measures for the Administration of Pesticides in Hubei Province stipulates that individuals engaged in pesticide business shall be banned by the administrative department of agriculture or the administrative department for industry and commerce according to law, and a fine of less than three times the illegal income shall be imposed, with a maximum of 30,000 yuan.

Without obtaining the "pesticide business license" to sell pesticides, the administrative department of agriculture shall order them to be laid off and impose a fine of 1000 yuan.