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The Law on Seed

Source: EC section, 05/23/2013 13:07:26

 

Law of the Republic of Kazakhstan dated February 8, 2003 № 385-II 
On Seed

   

 

This Law defines the legal, economic and organizational basis for activities in the field of seed and aims to regulate the organization and functioning of the seed and the state control over the production, harvesting, processing, storage, transportation, sale and use of seeds of agricultural plants.

Chapter 1. General Provisions

Article 1. Basic concepts used in this Law

In this Law the following basic concepts:

1-1) agent – a legal entity, one hundred percent of shares (shares) of which belong to national managing holding company in the field of agriculture or its subsidiaries, defined by the Government of the Republic of Kazakhstan, carrying out within the competence of the authority to manage public resources seed;

2) certification – establishment (confirmation) physical and (or) legal entities the status of a seed;

3) a certificate of certification – a document issued within the competence of the authorized state body in the field of seed or the local executive body area (city of republican status, capital), testifying to the recognition by the state of activity of subjects in the field of certified seed;

4) agricultural crops – cereals, legumes, cereals, fodder, oil, essential oil, technical, vegetable, medicinal, flower, fruit, berries, potatoes, grapes;

5) aprobator – individual, notify the relevant local executive body of the district, the city of regional value, regions, cities and the capital of commencement of activities for the testing of high-quality crops of agricultural plants;

6) control tests – the establishment of safety features varieties of agricultural plant species and relevance to this class;

7) the original seeds – seeds produced by the author of varieties of agricultural plants, or a person authorized by the originator and varieties intended for the production of elite seeds;

8) seeds of the first, second and third reproductions – further propagation of elite seeds over the years: the first year – the first reproduction of the second year – the second reproduction, third year – the third reproduction;

9) approbation of crops – Definition of varietal qualities of crops of agricultural plants: varietal purity, varietal typicality, degree of contamination, affected by the disease and damage by pests;

10) groundwater assessment – establishment of seed supplies to a particular type, class and varietal purity by plating on special areas and the subsequent verification of varietal qualities of the plants;

11) varietal testing laboratory – the establishment of seed supplies to a particular class and the definition of varietal purity of seeds by laboratory analysis;

12), sub-standard seeds – seeds of Varietal and sowing characteristics do not meet the requirements of normative documents on standardization in the field of seed;

12-1), the State Commission for Variety Testing crops – an organization under the jurisdiction of the authorized agency to carry out examination and testing of plant varieties on patentability and serviceability;

13) sortosmena – Replacement of old seed producers, cultivated in the production of new varieties admitted to the use of varieties, more productive varieties or superior replacement for economically valuable attributes and properties;

14) strain renovation – replacement seed, varietal and biological qualities which deteriorated when used in production, the best seeds of the same variety;

15) High-quality characteristic – index varietal purity of cross-pollinated crops;

16) the originator varieties – natural or legal person who maintains the variety;

17) high-quality control – monitoring of the implementation of measures to determine the varietal purity of crops of agricultural plants and the establishment of affiliation to a particular variety of seed;

18) strain testing – examination and testing of a selection achievement for patentability and serviceability, conducted in accordance with the legislation of the Republic of Kazakhstan;

19) varietal purity – the percentage of the number of plants or stems of the main varieties of the total number of plants or stems of agricultural plants;

20) super elite seeds – seeds, belonging to the original, produced from crop breeding kennel, meeting the requirements of national standards and other normative documents in the field of seed and intended for the production of elite seeds;

21) the seed – and vegetative organs of plants used for the reproduction of the variety: the actual seeds, fruits, part of the complex fruit, stems, ears, plants, bulbs, tubers, cuttings, meristem, and others;

22) certified seeds – seeds matching the requirements of national standards and other normative documents in the field of seed production;

23) varietal seed quality – a set of features that characterize the seeds belonging to a specific crop varieties;

24) batch of seeds – a certain number of similar origin and quality of seed, confirmed by the relevant document (act of approbation certificate for seeds, a testament to the seed, the certificate of certified seeds, the result of the analysis of seeds, a quarantine certificate, phytosanitary certificate);

25) Seed control – monitoring of the implementation of measures to determine the quality of seeds sown, compliance with the requirements of the legislation of the Republic of Kazakhstan;

26) certificate for seeds – a document confirming the varietal and sowing quality of seeds first and subsequent reproductions;

27) sowing qualities of seeds – a set of indicators of quality seeds, characterizing the degree of their suitability for sowing (planting);

28) seed producers – individuals and legal entities operating in the field of seed in accordance with this Law;

29) seed farm – an entity, certified by the local executive body of the region (city of republican status, capital) which is carrying out the production and sale of seed of the first, second and third reproductions;

29-1) implementer seeds – natural or legal person, certified by the local executive body of the region (city of republican status, capital), carrying out activities on the implementation of batches of seeds of agricultural plants and (or) issuance of seed loan;

30) Laboratory examination of seed quality – a legal entity, certified in the established procedure for conducting research Varietal and sowing characteristics of seeds on their compliance with the requirements of national standards and other normative documents in the field of seed production;

31) examination of seed – a set of measures to determine the variety and quality of seeds sown on their compliance with the technical regulations and normative documents on standardization in the field of seed;

32) Seed Expert – a specialist laboratory for the examination of seed quality, notify the relevant local executive body of the district, the city of regional value, regions, cities and the capital of commencement of activities for the examination of variety and sowing qualities of seeds;

33) seed – activities, which includes a set of measures on the production, harvesting, processing, storage, transportation, sale and use of seeds, as well as state control, including varietal and seed;

34) State inspector on seed – the official of the authorized body of the state control of seed;

35) seed scheme – a group of interrelated nurseries and seed crops, which in a certain sequence by selecting and breeding the process of reproduction of the variety;

36) authorized state body in the field of seed production (hereinafter – the authorized body) – the central executive body, within its competence realization of the state policy in the field of seed and its scientific support, coordination and regulation of activity of participants of seed;

37) elite seeds – seeds of agricultural plants, which are derived from the original or the super-elite seeds and comply with the legislation of the Republic of Kazakhstan on the seed;

38) Elite seed-growing economy – an economic entity, certified by the local executive body of the region (city of republican status, capital) which is carrying out the production and sale of elite seeds.

Article 2. Objects and subjects of seed

1. The objects of seed are:

cultivar (clone, line, hybrid, population, a mixture of varieties);

seeds;

seed and seed crops and plantations.

2. The subjects of seed are:

the author of the variety;

originator of the variety;

seed producers;

consumers of seeds, with the exception of individuals engaged in the production of seeds to be used in home, garden, cottage and garden plots without the right to their implementation;

physical and (or) legal entities that provide services to determine the varietal and sowing quality of seeds.

implementors seeds;

The State Commission for Variety Testing of agricultural crops;

agent.

 

Article 3. Legislation of the Republic of Kazakhstan on the seed

1. Legislation of the Republic of Kazakhstan on the seed based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulations of the Republic of Kazakhstan.

2. If an international treaty ratified by the Republic of Kazakhstan stipulates other rules than those contained in this Act, the rules of the international treaty.

Chapter 2. State regulation and control in the field of seed

Article 4. State regulation of seed

State regulation in the field of seed production is carried out by:

1) certification of seed of subjects, including:

primary seed certification entities;

recertified entities seed upon the expiry of the certificate of certification:

manufacturers of original seeds – once every five years;

elitist-seed farms – once in three years;

seed farms – once in three years;

Seed distributors – once in two years;

laboratories for the examination of seed quality – once in three years;

postattestatsionnoe annual survey subjects of seed for compliance with the qualification requirements;

1-1) accounting aprobatorov and seed experts, carrying out activities for the testing of high-quality crops of agricultural plants and the examination of variety and sowing qualities of seeds;

2) conducting the State register of breeding achievements permitted for use in the Republic of Kazakhstan, and the list of promising varieties of agricultural plants;

3) examination of compulsory varietal seed and crop quality;

4) carrying out state control of seed;

5) control over the activities of certified seed producers on their compliance with the qualification requirements established by the authority;

6) research fundamental and applied in the field of seed production and breeding for conservation, development and utilization of the gene pool of agricultural plants in accordance with the legislation of the Republic of Kazakhstan;

7) subsidizing the production, sale and purchase of original and elite seeds of varieties approved for use in the Republic of Kazakhstan;

8) public provision of agricultural plant variety testing, examination of variety and sowing qualities of seeds, including seeds intended for planting domestic agricultural producers;

9) the formation of public resources seed and monitoring of quantitative and qualitative state;

10) formation of investment, credit policy in the field of seed;

11) the legal protection of interests of seed in international cooperation in accordance with the legislation of the Republic of Kazakhstan;

13) Excluded by the Law of RK as of 20.12.04 № 13-III

14) Safety in the field of technical regulation (hereinafter – security);

15) prevention of actions misleading consumers about the safety of seed.

 

Article 5. Competence of the Government of the Republic of Kazakhstan in the field of seed production

The Government of the Republic of Kazakhstan:

1) develop the main directions of state policy in the field of seed production;

2) defines the competent authority;

3) claims of the authorized body of scientific, technical and industrial programs in breeding and seed production;

4) defines the authorized body of directions of state support of seed, the list of agricultural plants, the seeds of which are subject to subsidies from the budget and specifications of subsidies to them;

5) is determined by the authorized body the order of formation, storage and use of public resources, seeds, their structure and scope;

6) organize international cooperation and conclude intergovernmental agreements in the field of seed production, including on the export and import of seeds;

7) claims on the proposal of the authorized state body in the field of education and the authorized body training and retraining;

7-1) approves the lists of genera and species for which patentability and serviceability are evaluated according to the state test or applicant;

8) defines the authorized body of the order of subsidizing the production, sale and purchase of original and elite seeds of varieties approved for use in the Republic of Kazakhstan;

9) is determined by the authorized body the order of variety testing of agricultural plants;

10) defines the authorized body of the procedure for the examination of variety and sowing qualities of seeds, including seeds intended for planting domestic agricultural producers.

11) approve technical regulations;

12) approve the procedure for certification of producers of original and elite seeds, seeds of the first, second and third reproductions seed distributors, laboratories for the examination of seed quality;

13) approve the procedure for the implementation of high-quality seed and monitoring, groundwater assessment, laboratory varietal testing, seed quality examination;

14) performs other functions assigned to it by the Constitution and laws of the Republic of Kazakhstan and the acts of the President of the Republic of Kazakhstan.

 

Article 6. Competence of the authorized body

1. The authorized body:

1) developing a program for the development of seed production;

2) developing and implementing scientific and technical programs of selection, Variety Testing and Seed;

3) carries out the state control in the field of seed production;

4) carries out the formation and management of public resources seed and monitoring of quantitative and qualitative state;

5) predicts the volume of production and sales of seed varieties of agricultural plants, approved for use in the Republic of Kazakhstan;

6) developing a procedure for certification of producers of original and elite seeds, seeds of the first, second and third reproductions seed distributors, laboratories for the examination of seed quality;

7-1) develops lists of genera and species for which patentability and serviceability are evaluated according to the state test or applicant;

7-2) states:

the order of the State register of breeding achievements permitted for use in the Republic of Kazakhstan;

the position of the Republican Commission for variety testing of agricultural plants;

methods of variety testing of agricultural plants;

procedure for the establishment of annual production quotas and the implementation of the original elite seeds to be subsidies for certified seed of subjects;

procedure of testing of variety of crops;

8) considering cases of administrative violations in the field of seed production in accordance with the laws of the Republic of Kazakhstan;

8-1) develops procedure of varietal and seed control, groundwater assessment, laboratory varietal testing, seed quality examination;

9) controls the execution order of the varietal and seed control, testing of the variety of crops, soil evaluation, laboratory varietal testing, examination of seed quality;

10) Excluded by the Law of RK as of 20.12.04 № 13-III

11) develop and approve normative legal acts on variety testing and seed production and forms of documentation for seeds;

11-1) develops technical regulations;

12) submit to the authorized government agency for technical regulation and metrology of proposals to improve the existing national standards and other normative documents on standardization in the field of seed production;

14) develops and approves the schemes and methods of primary and high-end industrial (mass) of seed;

15) organizes the state tests varieties of domestic and foreign selection;

16) records the originators of varieties in accordance with the rules of registration originators varieties approved by the authority;

17) sets the maximum price realization to be subsidizing seeds within the quota determined in accordance with paragraph 20) of this paragraph;

18) monitors the seed resources of the republic;

19) carries out within its competence, international cooperation in breeding and seed production;

20) determines the annual quotas for each type of seed to be subsidizing:

by original seed – certified for each subject in the field of seed production;

of elite seeds – for each administrative-territorial unit;

21) approve the State register of breeding achievements permitted for use in the Republic ofKazakhstan, and a list of promising varieties of agricultural plants;

22) controls the intended use subsidize original and elite seeds;

23) develops and implements programs for training and retraining of scientific personnel in the field of seed production, organizes training and skills development aprobatorov and seed experts;

24) monitors compliance with regulations on the examination of variety and sowing quality of seeds of agricultural plants;

25) Excluded by the Law of RK as of 20.12.04 № 13-III

26) requesting the necessary information in the field of seed production of agricultural plants from the local executive bodies;

27) Balance of seeds in the country.

28) develops and approves form of mandatory departmental reporting, checklists, risk assessment criteria, semi-annual plans of audits in accordance with the Law of the Republic of Kazakhstan “On State Control and Supervision in the Republic of Kazakhstan”;

29) sets the shape of the variety description to the conclusion of a patent report on patentability varieties;

30) carries out the certification of laboratories for the examination of seed quality with the issuance of the relevant certificate;

31) approve the form orders to eliminate violations of the requirements of the legislation of the Republic of Kazakhstan on the seed, the protocol on administrative offense, judgment in the case of an administrative offense;

32) exercise other powers stipulated in this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

2. The authorized body carries out its activities through the territorial bodies.

 

Article 6-1. The jurisdiction of local executive bodies of oblasts (city of republican status, capital)

Local executive bodies of oblasts (city of republican status, capital);

1) assist the competent authority in the execution of the seed in accordance with the legislation of the Republic of Kazakhstan;

2) develop and submit for approval by the relevant local representative bodies of seed development program, as well as ensure their implementation;

3) submit to the competent authority in the proposals for the volume of production and Realization of elite seed-growing economy of elite seeds;

4) carry out the certification of seed of subjects (except laboratory for the examination of seed quality) with the issuance of the relevant certificate;

4-1) is carried out keeping aprobatorov and seed experts have indicated the start of operations in accordance with the Law of the Republic of Kazakhstan “On administrative procedures”;

5) are distributed on the basis of scientifically based standards requirements seeds for the sowing area in view of the priority of cultural quotas:

production and realization of elite seeds – for elite-seed farms;

production, sale and purchase of the seeds of the first, second and third reproductions – to seed farms and agricultural producers;

6) account balances of seeds for region (city of republican status, capital);

7) ensure the provision of the authorized body in the field of agriculture the necessary information in the field of seed crops;

8) Promote, within its competence, the formation of agricultural producers and insurance funds carryover seeds;

9) implemented subsidy programs in the field of seed production;

10) organize the work on the production of and economic entities own high-quality seeds of varieties included in the State register of breeding achievements permitted for use in the Republic of Kazakhstan;

11) organizing and coordinating the activities of all parts of seed on the issues related to the production and provision of high quality seeds of economic entities;

12) make proposals to the schemes and methods of primary, elite seed breeding and mass seed crops;

13) make proposals to the authorized body in the field of technical regulations to improve national standards, guidelines and other regulations on seed production;

14) is carried out in the interests of local government other powers delegated to local executive bodies by the legislation of the Republic of Kazakhstan.

 

Article 7. excluded in accordance with the Law of RK as of 20.12.04 № 13-III (enacted on 01.01.2005)(see. Old. Ed.)

Article 8. State inspectors for seed authorized body and their powers

1. The head of the authority may in accordance with the legislation of the Republic of Kazakhstan, assign extra special here, “Chief Inspector of the Republic of Kazakhstan on the seed” and “State inspector on seed” to the respective positions of administrative civil servants.

2. State inspectors seed authorized body shall have the right:

1) exercise state control over the seed schemes of the subjects and methods of primary and high-end industrial (mass) of seed approved by the competent authority, methodical and technological requirements of seed, including the varietal and seed testing;

2) to visit the subjects of seed for state control for compliance with the laws of the Republic of Kazakhstan, decrees of the President of the Republic of Kazakhstan and decrees of the Government of the Republic of Kazakhstan on the seed and receive information from them on the implementation of activities in the field of seed production in accordance with the legislation of the Republic of Kazakhstan;

3) check the quality of services provided to entities certified seed;

4) to carry out inspections of activities of certified seed producers for their compliance with the qualification requirements;

5) to issue orders on violation of legislation of the Republic of Kazakhstan on the seed, and to draw up protocols on administrative violations in the implementation of activities in the field of seed production;

6) contribute to the local executive body of the region, the city and the capital proposal for the suspension:

the certificate of attestation certifying the right entity to engage in activities in the field of seed production;

Activities on approvals of high-quality crops of agricultural plants;

Activities for the examination of variety and sowing qualities of seeds;

7) to carry out sampling of seed lots for the implementation of state control of seed quality;

8) exercise control over the use of subsidized seeds;

Article 9. The state control in the field of seed production

1. State control of seed carried out by the authorized body and its territorial bodies, state inspectors for seed and aims to ensure compliance with the legislation of the Republic of Kazakhstan on the seed, the national standards and other normative documents in the field of seed.

2. The state control in the field of seed production includes:

2) the variety and seed testing;

3) supervision of certified seed production entities for compliance with the qualification requirements established by the authority;

5) control of state testing crop varieties.

3. Sections and seed control includes:

1) monitoring the implementation of measures for the production, harvesting, processing, storage, sale, transport and use of seeds for compliance with the rules and regulations of seed during the following periods:

seeding;

growing season of crops;

cleaning;

filling seeds;

seed storage;

implementation (check prepared for sale and sold batches of seeds, including for exports and imports, to meet their quality of supporting documents).

Control of production of seeds from seed producers, certified in the prescribed manner, consists of the following stages:

check the fields prepared for sowing, – once a year, before planting;

check variety of crops during the growing season – three times a year;

control testing and field surveys varietal and hybrid crops – once during the testing;

control of the collection (harvesting), transportation, processing (cleaning), and seed storage, availability semenohranilisch – twice for each type of control in the year;

2) supervising the examination of variety and sowing qualities of seeds, certified laboratories for the examination of the quality of seeds, their compliance with regulations and standards in the field of seed production:

twice a year during the period of examination of quality seeds, and in order to control the implementation of public procurement on the examination of seed quality;

in the case of claims against the producers of seeds, as well as disagreement with the results of research on high-quality seeds and crop quality, issued by certified laboratories for the examination of seed quality;

3) verification of the period of testing work aprobatorov and seed producers for compliance with the rules of paragraph 2 of Article 14 of this Law;

4) monitoring of compliance with the subjects of seed regulations, standards and other regulations in the field of seed.

4. State control in the field of seed carried out in the form of checks and other forms.

5. Verification in accordance with the Law of the Republic of Kazakhstan “On State Control and Supervision in the Republic of Kazakhstan.” Other forms of state control are carried out in accordance with this Law.

 

Article 10. Certification of entities seed

1. Certification shall be subject to:

1) laboratory for the examination of seed quality;

2) manufacturers of original and elite seeds;

3) seed producers first, second and third reproductions intended for sale;

6) implementers seeds.

2. Upon the expiry of seed certification entities required to undergo certification.

 

Chapter 3. Organization of seed production

Article 11 The system of seed production

1. The system of seed crops is a set of functionally related government agencies, research organizations, the seed, providing removal, state variety testing, mass reproduction of varieties for the purposes of sortosmeny and strain renovation, manufacture, processing, storage, transportation, sale and use of seeds approbation variety of crops, seed quality assessment, the state varietal and seed control.

2. The system of seed crops are:

1) The authorized body and its territorial bodies;

1-1), local executive bodies of oblasts (city of republican status, capital;

2) certified individuals and legal entities engaged in activities for the production, harvesting, processing, storage, sale and transportation of seeds;

3) certified in the prescribed manner laboratory examination of seed quality.

 

Chapter 4. The production, harvesting, processing, storage,

transportation, sale and use of seeds

Article 13. Requirements for the production and use of seeds

1. The sale and use for seeding (planting) seeds of agricultural plants:

1) infected quarantine objects;

2) if the seeds belong to the class:

not passed the state strain testing;

not included in the State register of breeding achievements permitted for use in the Republic of Kazakhstan, or recognized by unpromising in the Republic of Kazakhstan;

3) Unexamined on sowing qualities to the procedure established by this Law.

2. The sale, as well as the use for seeding (planting) in certified in accordance with this Law elitist-seed and seed seed farms that do not comply by varietal and seed quality requirements of the legislation of the Republic of Kazakhstan.

2-1. Not allowed to implement and use for seeding (planting) seeds that do not comply with the technical regulations.

2-2. Admitted to the implementation and use for seeding (planting) seeds of agricultural plants with quality, reduced against the established national standards for permit issued in accordance with subparagraph 13) of paragraph 1 of Article 6 of this Act.

Resolution on the decline in the quality of seeds or a reasoned refusal issued by the authorized bodies of local executive bodies of oblasts, cities of republican value, the capital within five working days of receipt of the application.

To obtain the permission of local executive bodies of oblasts, cities of republican status, capital taken from the subjects of seed treatment and for five days forward them to the competent authority.

Local executive bodies of regions, cities of republican status, capital seed inform subjects about the decision of the authorized body within two working days from receipt of authorization or refusal.

3. Permission seeding varieties not included in the State register of breeding achievements permitted for use in the Republic of Kazakhstan, with the exception of seed varieties derived from genetic engineering (GM), in the following cases:

1) they are used for breeding and research work, as well as for testing in a production environment (if test results are positive crop varieties other organizations of the Republic of Kazakhstan or the competent authorities of other countries) with the condition of the simultaneous transmission of varieties for state variety trials;

2) the reproduction of an international treaty for the export from the Republic of Kazakhstan.

4. The Party of seed varieties of agricultural plants, not included in the State register of breeding achievements permitted for use in the Republic of Kazakhstan and (or) delisting, can be used as an exception in the next three years without the right to sell on the seed purposes.

5. Natural and legal persons who are not certified in the manner prescribed by this Act (other than an agent) may carry out the production and use of seeds only for its own needs without the right implementation.

The agent carries out its mandated functions within the competence defined by the Government of the Republic of Kazakhstan, on the basis of an agreement with the competent authority and in accordance with the rules of formation, storage and use of public resources seed.

 

Article 14. Rights and obligations of seed producers

1. Seed shall have the right to determine the volumes of production of seed, with the exception of certified seed producers, who have to ensure the production of seeds in an amount not less than the quota set by the authorized body.

2. The seed producer must:

1) approved by the competent authority to comply with technological requirements, production schemes, rules and implementation of seed storage, to ensure their safety of both quantitative and qualitative;

2) used for sowing the seeds of varieties included in the State register of breeding achievements permitted for use in the Republic of Kazakhstan, as well as varieties recognized by promising;

3) the production of elite seeds for the purpose of their further implementation, including outside the state to acquire the original seed varieties and parental forms of hybrids;

4) the implementation of seed to submit documents proving their varietal and crop quality and characteristics (description) of the variety;

5) to carry out testing of variety of crops in the manner prescribed by the authority;

6) examine sowing qualities of seeds intended for sale, use in planting and the creation of insurance and carryover funds;

7) To provide a systematic survey of crop (planted) areas, seed-cleaning machinery, warehouses to identify quarantine facilities and carry out activities to combat them;

8) to create insurance funds and carryover seed crops at their own expense;

10) conduct sortosmenu strain renovation and in the manner and time established by the authorized body;

11) ensure compliance with the seeds to be implemented Varietal and sowing characteristics specified in a document to the seed;

12) keep records of the quantity, origin to implement and use the seeds for their own needs, their variety and sowing qualities.

Article 14-1. Requirements for the activities for the testing of high-quality crops of agricultural plants and the examination of variety and sowing qualities of seeds

1. Individuals to carry out activities on the testing of high-quality crops of agricultural plants and the examination of variety and sowing qualities of seeds with the notification are copies of documents confirming:

1) having a higher or post-secondary education in the specialties of the agricultural profile, or for the storage and processing of plant products;

2) special training (courses aprobatorov – for aprobatorov);

3) information on the job or an internship (at least two months) in the laboratory for the examination of the quality of the seed (seed for experts).

2. Aprobatory and (or) seed experts must meet the following requirements:

1) aprobatorov availability:

Higher or post-secondary education in the specialties of the agricultural profile;

Document on training (courses aprobatorov);

2) the availability of seed experts:

Higher or post-secondary education in the specialties of the agricultural profile;

instrument of work or an internship (at least two months) in the laboratory for the examination of the quality of seeds and planting material.

 

 

Article 16. Implementation and transport batches of seeds

1. Sales and transport batches of seeds are carried out in accordance with the laws of the Republic of Kazakhstan.

2. The Party of seeds at their realization and transportation may be in bagged (packaged) or nezatarennom state (bulk).

3. sale and transportation of seed lots in bagged (packaged) state their packaging labels must be installed forms.

4. Implementation and transportation original and elite seeds are permitted only in bagged (packaged) state.

5. sale and transportation of seeds nezatarennom state (bulk) is required to issue to the seed batch data accompanying documents with details on the name of each batch of seed varieties, origin and quality of seed.

6. The Party of seeds treated with chemical and biological agents, must be in bagged (packaged) state.Packaging these seeds must have appropriate labels that determine the order of dealing with such seeds and contain information about the possible adverse effects on human health and the environment.

7. sale and transportation of seed lots is prohibited indicate the packaging and containers, labels and accompanying documents of untrue information about the name of the variety, origin and quality of seeds, as well as to disseminate misleading advertising of seed lots in the media.

Article 17. Public resources seeds, insurance and carryover funds

1. State resources are public seed stocks of seeds of agricultural plants, created and designed to help agricultural producers in the event of natural disasters or other emergencies, ensuring the sustainable needs of the Republic of Kazakhstan on the seed, of the strain renovation, sortosmeny, ensure compliance with international agreements.

2. Formation of state resources by the authorized body of the seed.

3. Insurance Funds seeds are seed stocks of agricultural plants and formed their own agricultural producers for planting in case of crop failure.

4. carryover funds are seed stocks of seeds of winter crops, and are formed by agricultural producers themselves.

Article 18. Harvesting, processing, storage and use of seeds

1. The procedure for organizing harvesting, processing, storage and use of seeds of agricultural plants is determined by the authority.

2. The use of the seeds, which are the subject of exclusive rights of the patent holder, is permitted in the manner prescribed by the laws of the Republic of Kazakhstan.

Article 19. Import into the Republic of Kazakhstan and export them from the Republic of Kazakhstan seed lots

1. Imports into the Republic of Kazakhstan and export them from the Republic of Kazakhstan batches of seeds are carried out in the order established by the legislation of the Republic of Kazakhstan.

2. allowed to import into the Republic of Kazakhstan and export them from the Republic of Kazakhstan batches of seeds of agricultural plants, varieties of which are included in the State register of breeding achievements permitted for use in the Republic of Kazakhstan.

3. allowed to import into the Republic of Kazakhstan parties seed varieties which are not included in the State register of breeding achievements permitted for use in the Republic of Kazakhstan and (or) used for research and testing of public patentability and serviceability, as well as in the cases provided paragraph 3 of Article 13 of this Law.

4. It is allowed by agreement with the competent authority the export of seed lots of varieties of agricultural plants included in the State register of breeding achievements permitted for use in the Republic of Kazakhstan, provided that the full needs of the republic in these seeds, as well as batches of seeds intended for scientific research, public tests for patentability and serviceability, the production of elite seeds.

5. imported into the Republic of Kazakhstan and the Republic of Kazakhstan exported from the seed lots must be accompanied by documents certifying their varietal and crop quality, and meet the requirements established by technical regulations and normative documents on standardization in the field of seed.

6. Imports into the Republic of Kazakhstan batches of seeds of varieties derived from genetically engineered (genetically modified) may be in agreement with the competent authority.

7. Goods imported into the Republic of Kazakhstan seed lots are subject to the control of plant quarantine and phytosanitary examination of seed in the order established by the legislation of the Republic of Kazakhstan.

Article 20 guarantees seed quality

1. Retailers seeds, ensure compliance with varietal and sowing quality of seeds the data specified in the accompanying documents confirming their quality.

2. In the case of non-varietal and sowing quality of seeds the data specified in the accompanying documents, implementers seeds are liable under the laws of the Republic of Kazakhstan.

3. The warranty on seeds valid for the period established by normative legal acts, national standards and other normative documents in the field of seed.

 

 

Chapter 5. The procedure for determining varietal

and sowing qualities of seeds

Article 21. Determination of varietal qualities of seeds of agricultural plants

1. Definition of varietal qualities of seeds of agricultural plants is carried out by means of testing of crops, soil evaluation and laboratory testing of high-quality in accordance with the requirements established by regulatory acts, normative documents on standardization, and is mandatory for certified seed producers.

2. Mandatory testing to be high-quality crops of agricultural plants, seeds which are intended for sale or use by the subjects on their own seed seed crops.

3. Groundwater assessment to be original and elite seeds of varieties of agricultural plants included in the State register of breeding achievements permitted for use in the Republic of Kazakhstan.

4. Laboratory varietal tests to be intended for subsequent sale of elite seeds and seeds of first reproduction of crop varieties included in the State register of breeding achievements permitted for use in the Republic of Kazakhstan.

Article 22. Determination of sowing qualities of seeds

1. Determination of sowing qualities of seeds to be implemented and used for sowing, carried out by a sampling of seeds and their subsequent analysis in the laboratory for the examination of the quality of seed, certified in the manner prescribed by this Act.

2. Sampling of seed lots to be implemented, is made by state inspectors for seed authorized body with the participation of a representative of the seed producer.

3. Sampling of batches of seeds intended solely for sowing seed produced by experts at the request of seed producers and (or) seed producers (or their representatives) who have received relevant training in certified laboratories for the examination of seed quality.

 

Article 23. Documenting seeds

1. Implementation of the seeds in the domestic market, with exports and imports, as well as the use of seeds for planting without the appropriate documents certifying their varietal and crop quality are not permitted.

2. When implementing and transporting original, super elite and elite seeds are accompanied by a certificate for seeds, the seeds of the first and subsequent reproductions – a testament to the seed.

3. In the case of subjects of seed for sowing the seeds of its own production of documents confirming their varietal and crop quality is an act of testing and certification of certified seeds or the act of testing and analysis result of seeds.

4. Certificate for seed or a certificate for seeds shall be issued on the basis of seed producers aprobatorami issued and certified laboratories for the examination of seed quality documentation of their varietal and crop quality (certificate of testing of variety of crops, the identification of certified seeds, the results of the analysis of seeds).

 

Article 23-1. General safety requirements for disposal and destruction of seeds

1. Seeds recognized the results of the examination of seed unsuitable for its intended use, subject to further processing, recycling, and (or) the destruction of the procedure established by the technical regulations.

Seeds for the period necessary for examination and decision on the possibility of their further use or the need for destruction, should be stored in separate rooms under conditions that ensure safety.

2. Costs related to transportation, storage, examination, use or destruction of the seed unsuitable for its intended use, shall be paid by the owner.

 

Article 23-2. Requirements for information about the safety and quality of seeds

In order to prevent actions misleading consumers about the safety of the seeds and the processes of their life cycle, seed producers are required to provide customers and (or) customers with complete and reliable information on indicators of safety and quality of seeds.

 

 

Chapter 5-1. Strain testing of agricultural plants

 

Article 23-3. Examination and testing varieties on patentability and serviceability

Patentability and serviceability crop varieties are evaluated according to the state tests and (or) the applicant in accordance with the lists of genera and species of plants approved by the Government of the Republic of Kazakhstan.

 

Article 23-4. Sources of financing of agricultural crops strain testing

Financing costs for Variety Testing of crops produced by:

1) budgetary resources;

2) funds received as payment for services in the public variety trials;

3) proceeds from the sale of products resulting from strain testing of agricultural plants;

3-1) funds received by way of fees for laboratory testing of the original variety, elite seeds and seeds of subsequent reproductions;

3-2) funds from the sale of printed materials and newsletters in the field of variety testing of agricultural plants;

4) other sources not prohibited by the legislation of the Republic of Kazakhstan.

 

 

Chapter 6. Dispute resolution and liability

the seed

Article 24. Resolution of disputes in the implementation of activities in the field of seed production

Disputes arising in the implementation of activities in the field of seed, shall be resolved in accordance with the legislation of the Republic of Kazakhstan.

Article 25. Responsibility for violation of legislation of the Republic of Kazakhstan on the seed

Violation of the legislation of the Republic of Kazakhstan on the seed punishable under the laws of the Republic of Kazakhstan.

 

 

The president

Republic of Kazakhstan

 

N. Nazarbayev

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