Article 2 The term "on-the-spot identification" as mentioned in these Measures refers to on-the-spot technical identification activities conducted in the field to determine the cause of the accident or (and) the degree of loss due to seed quality, cultivation, climate and other reasons, which have affected field emergence, plant growth, crop yield and product quality. ?
Article 3 The on-site appraisal shall be organized and implemented by the seed management organization of the agricultural administrative department of the local people's government at or above the county level. ?
Fourth seed quality dispute handling institutions can apply for on-site identification according to needs; The parties to a seed quality dispute may jointly apply for on-site identification or separately apply for on-site identification. ?
The application for appraisal is generally made in written form, explaining the contents and reasons of appraisal and providing relevant materials. In case of oral application for identification, the seed management institution shall make a written record and ask the applicant to sign for confirmation. ?
Fifth seed management institutions to review the applicant's application, in line with the conditions, it should promptly organize identification. In any of the following circumstances, the seed management institution shall not accept the application for on-site identification:
(1) In view of the reflected quality problems, when the applicant applies for appraisal, the crop growth period of the land to be appraised has missed the performance period of the typical characteristics of the crop, and it is technically impossible to identify the reasons for the quality disputes involved; ?
(two) the effective judgments and decisions made by judicial organs, arbitration institutions and administrative departments on quality disputes; ?
(3) Limited by the current technical level, it is impossible to determine the cause of the quality problem through on-site identification; ?
(four) the seeds involved in the dispute have no quality standards, regulations or contract requirements; ?
(five) there are conclusive reasons to judge that the quality dispute is not caused by the seed quality; ?
(6) Failing to pay the appraisal fee as required. ?
Article 6 On-site appraisal shall be conducted by an expert appraisal group organized by the seed management institution. ?
The expert appraisal group is composed of experts involved in crop breeding, cultivation and seed management, and experts in plant protection, meteorology, soil and fertilizer can be invited to participate when necessary. The list of expert appraisal groups shall solicit the opinions of the applicant and the parties concerned, and may not be restricted by administrative regions. ?
Experts participating in the review shall have senior titles or above, have corresponding professional knowledge and practical work experience, and have worked in relevant professional fields for more than five years. ?
The breeder of the disputed variety is a member of the identification group, and his qualification is not restricted by the conditions mentioned in the preceding paragraph. ?
Article 7 The members of the expert review team shall be an odd number of more than 3 persons, consisting of a team leader and several members. ?
Article 8 A member of an expert review team shall withdraw in any of the following circumstances, and the applicant may also apply for withdrawal orally or in writing:
(1) Being a party to a seed quality dispute or a close relative of the party concerned; ?
(two) interested in the dispute over seed quality; ?
(three) other relations with the parties to the seed quality dispute, which may affect the impartial appraisal. ?
Article 9 When conducting on-site appraisal, the expert appraisal team may obtain relevant information from the parties concerned and may require the applicant to provide materials related to on-site appraisal. ?
The applicant and the parties concerned shall give necessary cooperation and provide true information and proof. If you do not cooperate or provide false information and proof, which will affect the appraisal work, you should bear the corresponding consequences. ?
Article 10 When conducting on-site appraisal, the expert appraisal team shall notify the applicant and relevant parties to be present. The expert appraisal team determines the sampling method and appraisal steps according to the field situation, and conducts on-site appraisal independently. ?
No unit or individual may interfere with the on-site appraisal work, and may not threaten, induce, abuse or beat the members of the expert appraisal team. ?
Members of the expert appraisal team shall not accept property or other benefits from the parties concerned. ?
Eleventh in any of the following circumstances, the on-site review is terminated:
(a) the applicant is not present; ?
(2) The appraised land does not meet the appraisal conditions; ?
(3) Identification cannot be made due to human factors. ?
Article 12 The expert appraisal group shall fully consider the following factors when conducting the growth appraisal of crops planted in the appraisal plots:
(1) Climate and environmental conditions during crop growth; ?
(two) the parties to the seed treatment and field management; ?
(3) The indoor identification results of this batch of seeds; ?
(four) the growth of the same batch of seeds in other plots; ?
(five) the growth of other batches of seeds of the same variety; ?
(six) the growth of other similar crop varieties; ?
(seven) to determine other factors affecting crop growth, such as the level of land fertility. ?
Thirteenth expert appraisal group shall, on the basis of clear facts and conclusive evidence, according to the relevant seed laws and regulations, standards and relevant professional knowledge, in line with the principles of science, justice and fairness, make an appraisal conclusion in time.
On-the-spot appraisal by the expert appraisal group shall be conducted by collegiate system. The appraisal conclusion shall be valid only if more than half of the members of the expert appraisal group agree. The members of the expert appraisal group shall sign the appraisal conclusion. The different opinions of the members of the expert appraisal group on the appraisal conclusion shall be indicated. ?
Fourteenth expert appraisal group shall conduct on-site appraisal. On-site appraisal shall include the following main contents:
(a) the applicant's name, address, date of acceptance of the appraisal and other basic information; ?
(two) the purpose and requirements of the assessment; ?
(3) Relevant investigation materials; ?
(4) Description of the evaluation method, basis and process; ?
(5) Evaluation conclusion; ?
(6) List of members of the appraisal team; ?
(seven) other issues that need to be explained. ?
Fifteenth after the completion of on-site identification, the expert identification group shall be handed over to the seed management organization that organized the identification in time. The seed management institution shall deliver the on-site appraisal to the applicant within 5 days. ?
Article 16 If there is any objection to the on-site appraisal book, it shall be planted at the next higher level of the original acceptance unit within 15 days after receiving the on-site appraisal book.
Sub-management agencies apply for re-appraisal and explain the reasons. The seed management institution at the next higher level shall review the basis, method and process of the original identification, and if it is necessary and possible to re-identify, it shall reorganize the expert identification in accordance with the provisions of these Measures.
The application for re-appraisal can only be made once. ?
Where both parties * * * apply for appraisal, the application for re-appraisal shall be made by both parties * * *. If one party applies for appraisal separately, the other party may not apply for re-appraisal. ?
Seventeenth in any of the following circumstances, the on-site review is invalid:
(a) the composition of the expert appraisal group does not conform to the provisions of these measures; ?
(two) members of the expert appraisal team accept property or other benefits from the parties and resort to deceit; ?
(three) other violations of the appraisal procedures, which may affect the objectivity and impartiality of the on-site appraisal. ?
If the on-site appraisal is invalid, the appraisal shall be reorganized. ?
Eighteenth to apply for on-site appraisal, appraisal fees shall be paid in accordance with the provisions of the relevant competent departments of the province. ?
Nineteenth participants in the on-site appraisal work, in violation of the provisions of these measures, accept the property or other benefits of the applicant or the parties, and issue false on-site appraisal documents, which shall be given administrative sanctions by their units or competent departments; If a crime is constituted, criminal responsibility shall be investigated according to law. ?
Twentieth the applicant, the relevant parties or other personnel interfere with the on-site appraisal work, stir up trouble, disrupt the normal work of on-site appraisal, shall be given public security punishment or be investigated for criminal responsibility. ?
Twenty-first commissioned seed production quality disputes, the need for on-site identification, with reference to these measures. ?
Twenty-second the implementation since September 6, 2003.
2006.9. 14 10:26 Author: qyqcy Collection | Comments: 0