The Ministry of Agriculture Order No. 62 on March 27, 2006 was announced, and the Ministry of Agriculture order No. 5 in 2013 on December 31, 2013, the Ministry of Agriculture order No. 3 in 2014 on April 25, 2014, and the Ministry of Agriculture order No. 1 in 2015 on April 29, 2015 were revised.

Chapter I General Provisions

Article 1 THESE MEASURES ARE FORMULATED IN ACCORDANCE WITH THE Seed Law OF THE People's Republic OF China FOR THE purpose of protecting and rationally UTILIZING THE germPLASM RESOURCES OF EDIBLE FUNGI, regulating the selection and breeding of edible fungi varieties and the production, operation, use and management of edible fungi strains (hereinafter referred to as strains).

Article 2 These Measures shall be observed in the activities of selection and breeding of edible fungi, production, operation, use and management of edible fungi within the territory of the People's Republic of China.

Article 3 The term "Strains" as mentioned in these Measures refers to the reproductive material composed of the mycelium of edible fungi and its growth substrate.

The bacterial species are divided into three levels: mother species (primary species), original species (secondary species) and cultivated species (tertiary species).

Article 4 The Ministry of Agriculture shall be in charge of the work of nation-wide bacteriology. The administrative departments of agriculture (edible fungi, the same below) of the local people's governments at or above the county level shall be responsible for the administration of bacterial species within their respective administrative areas.

Article 5 The administrative departments of agriculture of the local people's governments at or above the county level shall strengthen the protection of germplasm resources of edible fungi and the selection, production, renewal and popularization of improved varieties, and encourage the combination of selection, production and marketing.

Chapter II Protection of GermPLASM RESOURCES and Breed Selection

Article 6 The State shall protect THE germplasm resources of edible fungi; no unit or individual may encroach upon or destroy them.

Article 7 Collection of germplasm resources of natural edible fungi under special state protection shall be prohibited. If collection is really needed due to special circumstances such as scientific research, an application shall be made to go through collection procedures according to law.

Article 8 Any unit or individual providing edible mushroom germplasm resources (including cultivation substrates with mycelium and fruiting bodies used for strain isolation) abroad shall report to the Ministry of Agriculture for approval.

Article 9 The imported strains shall be quarantined according to law, and an appropriate amount of strains shall be sent to the China Agricultural Microbial Strains Preservation and Administration Center for preservation within 30 days after the introduction.

Article 10 The State encourages and supports units and individuals to engage in the breeding and development of edible fungi varieties, encourages scientific research units to combine with enterprises to breed new varieties, and guides enterprises to invest in the breeding of new varieties.

The selected new varieties may apply for the right to new plant varieties according to law, and the State shall protect the legitimate rights and interests of the variety owners.

Article 11 CULTIVATORS (IMPORTERS) OF EDIBLE FUNGI MAY VOLUNTARILY APPLY TO THE NATIONAL Agricultural Technology Extension Service CENTER FOR IDENTIFICATION OF VARIETIES. The National Agricultural Technology Extension and Service Center has set up the Edible Fungus Variety Identification Committee to undertake the technical identification work of variety identification.

Article 12 The variety names of edible fungi shall be standardized. The specific naming rules shall be formulated separately by the Ministry of Agriculture.

Chapter III Production and OPERATION OF STRAINS

Article 13 Units AND individuals engaged IN the production and operation of STRAINS shall OBTAIN A License for the PRODUCTION and Operation of STRAINS of Edible Fungi.

Units and individuals engaged only in the cultivation and operation of edible fungi may not apply for the License for the Production and Operation of Edible Fungi, but the business operators shall have the relevant knowledge of fungi and the corresponding equipment and places for the storage of fungi, and report them to the administrative department of agriculture of the people's government at the county level for the record.

Article 14 The Production and Operation License for Edible Fungi of the mother and original species shall be examined by the administrative department of agriculture of the local people's government at the county level, and issued by the administrative department of agriculture of the people's government at the provincial level, and submitted to the Ministry of Agriculture for the record.

The Production and Operation License of cultivated Edible Fungi shall be issued by the agricultural administrative department of the local people's government at the county level and submitted to the agricultural administrative department of the provincial people's government for the record.

Article 15 The units and individuals applying for the License for Production and Operation of Edible Fungi of the mother and original species shall meet the following requirements:

(1) The registered capital of the parent species of production and operation shall be more than 1 million yuan, and the registered capital of the original species of production and operation shall be more than 500,000 yuan;

(2) more than one inspection personnel and more than two production technicians who have passed the examination of the agricultural administrative departments of the provincial people's governments;

(3) It shall have appropriate equipment and places for sterilization, inoculation, cultivation and storage, as well as appropriate quality inspection instruments and facilities. The production of mother species shall also have the necessary equipment and place for making mushroom tests.

(4) The environmental hygiene and other conditions of the production site shall meet the requirements of the Technical Regulations for the Production of Edible Fungi by the Ministry of Agriculture.

Article 16 The units and individuals applying for the License for Production and Operation of Edible Fungi for cultivated species shall meet the following requirements:

(1) Registered capital of more than 100,000 Yuan;

(2) more than one inspection personnel and more than one production technical personnel who have passed the examination of the agricultural administrative department of the provincial people's government;

(3) having the necessary equipment and places for sterilization, inoculation, cultivation and storage, and having the necessary instruments and facilities for quality inspection;

(4) The environmental hygiene and other conditions of the cultivated species production site shall meet the requirements of the Technical Regulations for the Production of Edible Fungi by the Ministry of Agriculture.

Article 17 To apply for the License for Production and Operation of Edible Fungi, the following materials shall be submitted to the agricultural administrative department of the people's government at the county level:

(1) Application form for production and operation license of edible fungi;

(2) a copy of the business license;

(3) Qualification certificates of strain inspectors and production technicians;

(4) a list of instruments, equipment and facilities, certificate of ownership, and photographs of major instruments and equipment;

(5) Photos of the place of production and business operation of the strain and certificate of property rights;

(6) Introduction of varieties and characteristics;

(7) Quality assurance system for strain production and operation.

If the varieties for which the parent seed production and operation license is applied are authorized varieties, written proof of authorization by the variety owner (variety breeder) shall also be provided.

Article 18 After accepting the application for the production and operation license of the parent and original species, the administrative department of agriculture of the people's government at the county level may organize experts to conduct on-the-spot inspection, but the administrative department of agriculture of the people's government at the provincial level shall sign the opinion of examination and approval within 20 days from the date of accepting the application and submit it to the administrative department of agriculture of the people's government at the provincial level for examination and approval. The agricultural administrative department of the provincial people's government shall complete the examination and approval within 20 days from the date of receiving the examination and verification opinions. If it meets the conditions, it shall be issued a production and business operation license; If the applicant fails to meet the requirements, the applicant shall be notified in writing and reasons shall be given.

The administrative department of agriculture under the people's government at the county level may, after accepting the application for the production and operation license of cultivated species, organize experts to conduct on-the-spot inspection, but shall complete the examination and approval within 20 days from the date of accepting the application. If it meets the conditions, it shall be issued a production and business operation license; If the applicant fails to meet the requirements, the applicant shall be notified in writing and reasons shall be given.

Article 19 The term of validity of the germ production and operation license shall be three years. If the licensee needs to continue production and business operation after the expiration of the validity period, the licensee shall, two months before the expiration of the validity period, apply for a new license with the original license according to the original application procedure.

Within the validity period of the germ production and operation license, if the project is changed as indicated in the license, the licensee shall go through the procedure of alteration with the original examination and approval authority and provide the corresponding certification materials.

Article 20 STRAINS SHALL BE PRODUCED ACCORDING TO GRADE. The NEXT GRADE OF STRAINS SHALL BE PRODUCED ONLY FROM THE PREVIOUS GRADE OF STRAINS, AND CULTIVATED STRAINS SHALL not BE USED TO MULTIPLY STRAINS.

Units and individuals that have obtained licenses for the production and operation of strains at higher levels may engage in the production and operation of strains at lower levels.

Article 21 It is prohibited to produce or market strains without a license or in accordance with the provisions of a license; It is prohibited to forge, alter, buy, sell or rent the License for Production and Operation of Edible Fungi.

Article 22 Bacterial strain production units and individuals shall produce in accordance with the "Technical Regulations for the Production of Edible Fungi Strains" issued by the Ministry of Agriculture, and establish bacterial strain production archives, which shall specify the production place, time, quantity, medium formula, culture conditions, source of bacterial strains, operator, technical person in charge, inspection records, and direction of bacterial strains, etc. The production files shall be kept for 2 years after the sale of the strain.

Article 23. Business UNITS AND INDIVIDUALS shall ESTABLISH business archives of STRAINS, INDICATING THE SOURCE OF STRAINS, storage time and conditions, destination of sales, transportation, and handlers OF strains. The business archives shall be kept for 2 years after the sale of the strains.

Article 24 The STRAINS for sale shall be accompanied by labels AND a quality CERTIFICATE OF THE STRAINS. The label shall indicate the species, variety, grade, date of inoculation, storage conditions, shelf life, serial number of the production and operation license of the strain, the execution standard, the name of the producer and the place of production. The content marked on the label shall be consistent with the species of bacteria sold.

The seed operators SHALL PROVIDE the PURCHASers WITH the description OF THE species, the key points of cultivation and relevant consulting services, and shall be responsible for the quality of the seed.

Chapter IV Quality of strains

Article 25 The Ministry of Agriculture shall be responsible for formulating the national plan for supervision and sampling inspection of germ quality and the corresponding level of supervision and sampling inspection. The agricultural administrative departments of the local people's governments at or above the county level shall be responsible for supervision and sampling inspection of germ quality within their respective administrative areas and shall formulate the corresponding level of supervision and sampling inspection plan in accordance with the national plan and the actual local conditions.

No fee shall be charged to the subject for sampling inspection. Repeat spot checks are prohibited.

Article 26 Agricultural administrative departments of the people's governments at or above the county level may entrust germ quality inspection institutions to conduct germ quality inspection.

The institutions undertaking the quality inspection of strains shall have the corresponding testing conditions and capabilities, and pass the examination by the competent department of the people's government at the provincial level.

Article 27 A strain quality inspection institution shall be equipped WITH strain inspectors. A strain inspector shall meet the following requirements:

(1) Having a college education level or above in relevant majors or having a professional title of intermediate or above;

(2) having been engaged in strain inspection technology for more than 3 years;

(3) It has passed the examination of the agricultural administrative department of the provincial people's government.

Article 28 The production and sale of fake and inferior strains of bacteria shall be prohibited.

In any of the following circumstances, it is a false strain:

(1) passing off a non-bacterial species as a bacterial species;

(2) The type, variety and grade of the bacteria do not conform to the content on the label.

Under any of the following circumstances, an inferior strain shall be considered:

(1) the quality is lower than the seed use standard set by the State;

(2) the quality is lower than the index indicated on the label;

(3) The strain has expired or deteriorated.

Chapter V Import and Export Administration

Article 29 Units engaged in the import and export of bacterial strains shall, in addition to having the license for the production and operation of bacterial strains, obtain the qualification for the import and export of bacterial strains in accordance with the provisions of the foreign trade laws and administrative regulations of the State.

Article 30 Units and individuals applying for the import and export of bacterial species shall fill in the Approval Form for Import and Export Bacterial Species, and go through the import and export procedures according to law after being approved by the agricultural administrative department of the provincial people's government.

The valid period of approval for import and export of strains is 3 months.

Article 31 Import and export strains shall meet the following conditions:

(1) Bacterial germplasm resources that are allowed to be imported and exported by the State;

(2) the quality of the strains reaches the national or trade standards;

(3) The relevant certificates of the name, species, quantity and origin of the strain are true and complete;

(4) other requirements prescribed by laws and regulations.

Article 32 Units and individuals applying for the import and export of strains shall submit the following materials:

(1) A copy of the License for Production and Operation of Edible Fungi, a copy of the business license and a certificate of import and export trade qualifications;

(2) Description of edible fungi;

(3) other certifying materials that meet the requirements prescribed in Article 31.

Article 33 THOSE IMPORTED STRAINS FOR SEED PRODUCTION FROM ABROAD MAY NOT BE RESTRICTED BY Article 29 OF THESE MEASURES, BUT SHALL HAVE A CONTRACT FOR SEED PRODUCTION FROM ABROAD. Imported strains can only be used for seed production, and their products may not be sold in China.

Test strains imported from abroad and strains obtained by propagation shall not be sold as commercial strains.

Chapter VI Supplementary Provisions

Article 34 Violations of these Measures shall be punished in accordance with the relevant provisions of the Seed Law of the People's Republic of China.

Article 35 The term "bacterial species" as mentioned in these Measures refers to the abbreviation of the variety characteristics of edible fungi, including the requirements for temperature, humidity, pH, light, oxygen and other environmental conditions, stress resistance, high yield, fruiting sooner or later, fruiting tide number, cultivation period, commodity quality, cultivation habit and other agronomic traits.

Article 36 The collection and import and export administration of wild edible fungi shall go through relevant examination and approval procedures in accordance with the Measures for the Protection of Agricultural Wild Plants.

Article 37 These Measures shall take effect as of June 1, 2006. The Interim Measures for the Administration of Edible Fungi issued by the Ministry of Agriculture on July 1, 1996 (Nongnongfa [1996] No. 6) shall be abolished at the same time, and the license for the production and operation of edible fungi obtained in accordance with the Interim Measures for the Administration of Edible Fungi shall become invalid as of the date of expiration.