LAW OF THE AZERBAIJAN REPUBLIC

of March 11, 1997 No. 257-IQ

About seed farming

This Law determines the legal basis of production, procurement and use of seeds in the Azerbaijan Republic.

Chapter I. General provisions

Article 1. Basic concepts

The terms and concepts used in this Law mean the following:

* "seed farming" - system of the scientific, agrotechnical and organizational actions directed to production, procurement and use of seeds for the purpose of reproduction of agricultural, forest, officinal and ornamental plants;

* "seeds" - generative (seeds) and vegetative (shanks, saplings, ears, bulbs, root tubers, etc.) the bodies of plants used for reproduction of grade;

* "original seeds" - the seeds received as a result of selection and assessment of posterity of plants under control of originator on preliminary stages of seed farming;

* "superelite seeds" - the seeds received from reproduction original seeds;

* "elite seeds" - the seeds received from reproduction of superelite seeds;

* "reproductive seeds" - the seeds received from consecutive reproduction elite seeds;

* "grade" - group of the similar plants different from other groups of the plants relating to identical botanical taxon, characterizing the same genotype, group of genotypes and signs of phenotypes;

* "strain changing" - replacement of plant varieties with new, more productive and high-quality varieties;

* "strain renovation" - replacement of seeds with the worsened purity of grade and biological qualities grade seeds with high reproduction and quality;

* "approbation" - determination of extent of strain renovation of crops, susceptibility to infection disease, resistance to weeds and wreckers;

* high-quality and sowing qualities - the complex indicators of genetic purity and sowing suitability belonging to seeds;

* "input in business volume" - the seeds prepared, stored and used for exchange with sales objective;

* "the state register" - the state registration list of plant varieties, the author's and patent rights of which are protected;

* "the register of producers of seeds" - the list of accounting of the legal entities and physical persons which underwent certification for occupation seed-growing activities in public service for seed farming.

* batch of seeds - the mass of the seeds identical by origin and to quality;

* originator - the legal entity or physical person providing protection of signs of the protected grade;

* aprobator - the physical person having the right to approve in high-quality and seed crops of plants;

* producers of seeds - the legal entities or physical persons which are engaged in production of the seeds included in the state register;

* soil control - comparative determination of purity of plant variety for establishment of belonging of plants and their seeds to specific grade by crops on special sites;

* laboratory control of grade - determination of purity of grade and accessory seeds to certain grade by laboratory researches.

Article 2. Legislation of the Azerbaijan Republic on seed farming

The legislation of the Azerbaijan Republic on seed farming includes this Law, the Law of the Azerbaijan Republic "About selection achievements" and other legal acts of the Azerbaijan Republic.

If the rules established in international treaties of the Azerbaijan Republic on seed farming do not correspond to the rules provided in this Law rules of international treaties are applied.

Article 3. Purposes and tasks of seed farming

The purpose of seed farming is cultivation and ensuring reproduction of grades of plant with high productivity, permanent heritable signs, resistant to diseases, to wreckers and different climatic conditions.

Task of seed farming is mass reproduction of seeds of the plant varieties included in the state register by implementation of strain changing and strain renovation for preserving purity of grade, biological and fruitful qualities.

Article 4. Objects and subjects of seed farming

The plant materials used in seed farming, their hybrids, populations, clones and lines are objects of seed farming.

The legal entities and physical persons which are engaged in production, procurement, trade and use of seeds according to the procedure, established by the legislation of the Azerbaijan Republic, are subjects of seed farming.

Article 5. Accounting and registration of subjects of seed farming

Accounting of physical persons and state registration of the legal entities who are engaged in seed farming are performed according to the relevant legislation of the Azerbaijan Republic.

Article 6. Basic principles of seed farming

Activities for seed farming shall be performed according to the following principles:

* preserving signs of difference, similarity, the permanency and other signs allowing to determine specific features of grade;

* observance of the approved schemes of cultivation in production of seeds;

* protection of author's and patent laws of the owner on the used grade;

* obligation of certification of the used seeds;

* observance of rules of division into districts of grade.

Chapter II. Public administration by seed farming

Article 7. Public service of seed farming

Public service of seed farming in the Azerbaijan Republic consists in management of seed farming, the state control over seed farming and it is performed by relevant organs of the executive authority.

Activities of public service of seed farming and competence of officials are determined by the provisions and instructions approved in the appropriate order.

The state control of seed farming in relation to entrepreneurs is exercised taking into account requirements of the Law of the Azerbaijan Republic" On regulation of checks in the field of entrepreneurship and protection of interests of entrepreneurs

Article 8. Rights of public service of seed farming

Public service of seed farming has the following rights:

* exercise control over observance of the relevant legislation by subjects of seed farming;

* issue the certificate of conformity confirming high-quality and sowing qualities on seeds;

* take sample of seeds and products of plant origin for determination of high-quality and sowing qualities and to study them;

* reject the seeds which are not conforming to state standards, specifications and to prohibit their sale for the purpose of seed farming;

* carry out certification and accounting of subjects of seed farming;

* demand from subjects of seed farming of the conclusion of the license agreement with the owner of the patent for grade, according to the procedure, stipulated by the legislation;

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