Measures for the assessment of agricultural seed inspectors

Measures for the Assessment of Agricultural Seed Inspectors Promulgation date: 02-06-2005 Effective date: 05-01-2005 Department: MINISTRY OF AGRICULTURE Subject: AGRICULTURE, ANIMAL HUSBANDRY & FISHERY Decree of the Ministry of Agriculture (No. 49) The “Measures for the Assessment of Agricultural Seed Inspectors”, which were deliberated and adopted at the 3rd executive meeting of the Ministry of Agriculture on January 26, 2005, are hereby promulgated, and shall come into force on May 1, 2005. Du Qinglin, Minister February 6, 2005 Measures for the Assessment of Agricultural Seed Inspectors Article 1 These Measures are formulated in accordance with the “Seed Law of the People’s Republic of China” (hereinafter referred to as the Seed Law) so as to strengthen the administration of agricultural seed inspectors (hereinafter referred to as seed inspectors). Article 2 The “seed inspector” as mentioned in these Measures shall mean a person who engages in agricultural seed quality inspection in a seed quality inspection institution as prescribed in Articles 44 and 45 of the Seed Law (hereinafter referred to as the inspection institution). Seed inspectors may be classified into samplers, indoor inspectors and field inspectors. Samplers shall be responsible for taking samples, while indoor inspectors for testing the cleanliness, germinating rate and moisture, etc., and field inspectors for the planting authentication of the genuineness and purity of the varieties in the field or in small areas. Article 3 A seed inspector shall fulfill the following conditions, and pass the assessment of the administration of agriculture of a people’s government at the provincial level or above: (1) Having an educational background of graduation from a secondary specialized technical school or above majoring in agronomy, biochemistry or in other similar fileds; (2) Having engaged in seed inspection for three years or longer. Article 4 The responsibilities to assess and administer the seed inspectors of the inspection institutions lawfully set up by the relevant administrative department of a people’s government at the provincial level or above shall remain with the Ministry of Agriculture; while the responsibilities to assess and administer the seed inspectors of other inspection institutions shall remain with the administration of agriculture of the people’s government of the province, autonomous region, or municipality directly under the Central Government where this institution is registered. Article 5 Whoever applies for the seed inspector qualification shall, in accordance with Article 4, submit the following materials to the Ministry of Agriculture or the administration of agriculture at the provincial level (hereinafter referred to as the administrative organ for assessment): (1) an application form for the seed inspector qualification; (2) a photocopy of his educational credential; (3) a testimonial issued by the retained inspection institution on his term of service in the field of seed inspection. Article 6 The administrative organ for assessment shall examine the application materials, issue a notification of acceptance if they meet the conditions prescribed in Article 3, and notify the applicant to attend the assessment at the prescribed time, or shall, if the application materials do not meet the conditions, notify the applicant in writing and state the reason thereof. Article 7 The administrative organ for assessment shall arrange for assessment of seed inspector qualifications at least once each year. Article 8 The assessment of the seed inspector qualifications lies in two aspects, namely, assessment of professional knowledge and that of operational skills. The professional knowledge to be assessed shall include basic knowledge and special technical knowledge. The basic knowledge shall include the Seed Law and other relevant laws and regulations, basic knowledge on seeds, knowledge on seed quality management and control, and so on. The special technical knowledge shall be determined in light of the category to which the inspector belongs: for samplers, the division of seed batches, the sampling methods, dividing methods, and sample management, etc. shall be the focus of assessment; for indoor inspectors, the theoretical knowledge on seed inspection, the rules on seed inspection, and the seed quality standards, etc. shall be the focus of assement; for field inspectors, the field inspection method, the variety features and characters, and the field standards, etc. shall be the focus of assessment. An inspector’s operational skills shall be assessed after he has passed the professional knowledge assessment. The sampler’s skills to be assessed shall include sampling and sample dividing, use of sampling devices and sample dividers, disposition of samples, etc.; the indoor inspector’s skills to be assessed shall include the operation and use of inspection apparatus and installations, the technical operations on such quality indexes as cleanliness, germinating rate and variety purity, etc.; the field inspector’s skills to be assessed shall include identification of the variety authenticity, etc. Article 9 The assessment on professional knowledge shall be held in a way of closed-book examination in written form, with the examination questions being taken out from the examination question bank by the administrative organ for assessment. The assessment on operational skills shall be held on site in a follow-up way, and the administrative organ for assessment shall arrange for a assessment team to carry out the assessment in light of the posts and assessment outlines. The assessment team shall be composed of no less than 5 relevant experts. The experts shall have senior technical titles, and have been engaged in seed inspection for 5 years or longer. The outlines for assessment of seed inspectors and the examination question bank shall be uniformly worked out by the Ministry of Agriculture. Article 10 A 100-mark system shall be employed for both the examination on professional knowledge and the assessment on operational skills, and those who reach 80 points shall be qualified. Whoever passes the assessment shall be issued a seed inspector certificate by the administrative organ for assessment within 15 days. Article 11 A seed inspector certificate shall indicate the name of the inspector, the inspection institution where he works, category of the inspector, certificate number, etc. The certificate number shall be: “China Seed Inspector No. ××××××”, which consists of digits, among which the former two digits are the code of the administrative organ for assessment to be prescribed by the Ministry of Agriculture, and the latter four digits are the serial number to be determined by the administrative organ for assessment. Article 12 A seed inspector certificate shall be the testimonial for a seed inspector as qualified for engaging in seed quality inspection, which shall be valid throughout China. Where an inspector is transferred to another inspection institution, this other inspection institution shall, according to the scope of power for assessment administration as prescribed in Article 4, apply for modifying the seed inspector certificate, with the certificate number unchanged. If the administrative organ for assessment is changed, the administrative organ for assessment at the locality into which the inspector is transferred shall inform the former administrative organ for assessment of the modification. Article 13 Where a seed inspector who has obtained the qualification of a certain category adds the qualification of any other category, the administrative organ for assessment shall, after the seed inspector is assessed to be qualified, make records in the column of modifications in the seed inspector certificate, with the certificate number unchanged. Article 14 A seed inspector shall properly keep his seed inspector certificate, and may not alter, sell, lend or assign it. Whoever loses or damages his seed inspector certificate shall report to the inspection institution where he works in a timely manner, and the inspection institution shall report it to the administrative organ for assessment for re-issuance of a new one, with the seed inspector certificate number unchanged. Article 15 A seed inspector shall, when making seed quality inspections, strictly observe the relevant laws, regulations, technical rules and standards of the State, abide by the inspection institution’s relevant provisions, and provide accurate, clear, clarified and objective inspection data. Article 16 The administrative organ for assessment and the inspection institution shall hold professional trainings for seed inspectors so as to improve their professional level in inspection. Article 17 An administrative organ for assessment shall examine the seed inspector certificates once every two years, and focusing on such contents as the seed inspectors’ knowledge for inspection and their inspection ability maintenance, etc. Article 18 An administrative organ for assessment shall set up archives for the seed inspectors, and record such contents as the assessments and examinations of the seed inspectors, trainings, issuance and modification of inspector certificates, etc. Article 19 An administrative organ for assessment may commend and reward the seed inspectors who have made prominent achievements in inspections. Any seed inspector who issues false inspection data or result shall be imposed administrative sanctions in accordance with the law; if the case is severe, his seed inspector qualification shall be nullified by the administrative organ for assessment, and his seed inspector certificate be canceled. Article 20 Where a seed inspector is under any of the following circumstances, the inspection institution where he works shall take his seed inspector certificate, and report to the administrative organ for assessment to nullify this certificate: (1) He fails to be examined at regular intervals in accordance with the provisions without any justifiable reason; (2) He fails to pass the examination, and fails to pass the re-examination within a prescribed time limit; (3) He died or loses his capacity of conduct; (4) He is imposed with criminal penalties; (5) He has not engaged in seed inspection for two consecutive years, or does no longer engage in seed inspection due to change of work position, resign or else. Article 21 Where an applicant forges his educational credential or service record, and violates the assessment disciplines, the administrative organ for assessment shall not accept his application or shall regard his assessment result as invalid. If the applicant has obtained an inspector certificate, the administrative organ for assessment shall nullify his qualification, and cancel his certificate. The applicant shall not re-apply for seed inspector qualification within two years. Article 22 The issuance, nullification, and modification, etc. of seed inspector certificates shall be publicized, and be promulgated by the administrative organ for assessment at regular intervals. The administrations of agriculture at the provincial level shall, prior to the end of January of each year, submit the information of last year on its assessment of seed inspectors to the Ministry of Agriculture for archival purposes. Article 23 The seed inspector certificates shall be uniformly printed and produced by the Ministry of Agriculture. Article 24 The seed quality inspectors responsible for inspection of agricultural seed production or operation entities shall be assessed with reference to Articles 8, 9 and 10 of these Measures. Any inspector who passes the assessment shall be issued a credential certificate by the administrative organ for assessment. Article 25 These Measures shall come into force on May 1, 2005. The seed inspector certificates issued prior to the day when these Measures come into force may be valid until May 1, 2006.