LAW OF THE REPUBLIC OF TAJIKISTAN

of July 28, 2006 No. 200

About grain

This Law governs the relations arising in production process, cleanings, storages and realization of grain, quality management of grain and procurement of food, forege and seed grain in the Republic of Tajikistan.

Chapter I. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- grain - the fruits of cereal, leguminous and oil-bearing crops used for the food, seed, fodder and technical purposes;

- grain production - complex of the agrotechnical actions directed to grain cultivation;

- foodgrain - the grain used for the food purposes;

- seed grain - the grain used on the sowing purposes and separated on high-quality and sowing qualities;

- forege grain - the grain intended on forage of animals and birds;

- food security the state of the economy, including its agro-industrial complex provided with appropriate resources, potential and guarantees irrespective of internal and external conditions under which the needs of the population for food according to physiological nutritional standards are satisfied;

- the state resources of grain - the state inventories of grain created for the purpose of ensuring food security and execution of the state obligations and also for protection and regulation of the market of grain;

- quality of grain - set of the consumer properties of grain determining its compliance to requirements of state standards, specifications, health, veterinary, phytosanitary regulations and regulations, hygienic standard rates and other regulating documents;

- the quality certificate of grain - the document certifying compliance of quality of grain to requirements of state standards;

- the company for grain procurement - the legal entity having grain warehouse (elevator, collection point for grain) on the property rights;

- grain storage - the system of technology services in grain warehouse (elevator, collection point for grain) consisting of acceptance, weighing, drying, cleaning, storage and transportation.

Article 2. Legislation of the Republic of Tajikistan on grain

The legislation of the Republic of Tajikistan on grain is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan and the international legal acts recognized by the Republic of Tajikistan.

Article 3. Purposes and tasks of the legislation on grain

1. Grain is national property of the Republic of Tajikistan, one of major factors of stability of its economy.

2. The purpose of the legislation on grain consists in reduction of dependence of consumers of the country on the foreign market of grain by development in the country of grain-growing and conversion of cereal products, in forming and development of industry, creation of favorable legal, economic and organizational environment for local producers.

3. Tasks of the legislation on grain consist in establishment of general rules of production of grain, regulation of the grain market and quality assurance of cereal products.

Article 4. Objects and subjects of zernovodchesky activities

1. Objects of zernovodchesky activities - all types of cereal products, zemletekhnichesky and technology means which are at all stages in contact in this or that form and also the auxiliary natural and artificial materials accompanying in zernovodchesky activities

2. Subjects of zernovodchesky activities are the physical persons and legal entities which are engaged in production, procurement, storage, transportation, sale, import and export of cereal products.

Chapter 2. Public administration and regulation of the market of grain

Article 5. The purposes of public administration in the grain market

The purposes of public administration and regulation of the market of grain are:

- ensuring food security;

- expansion of the markets of grain;

- grain quality assurance;

- ensuring phytosanitary safety;

- optimization of structure of grain production taking into account climatic conditions and market conditions, enhancement of the production technology, storage and realization of grain;

- elimination of possible deficit of forages in livestock production and poultry farming within amount of the state resources of forege grain;

- forming of investment, credit, tax and customs policy in grain production.

Article 6. Forms of state regulation of the grain market of grain

State regulation of activities of the market of grain is performed in the way:

- certifications of grain according to the legislation of the Republic of Tajikistan;

- control of activities of accredited laboratories for examination of quality of grain;

- forming of the state resources of grain and control of their quantitative and qualitative condition;

- public financing of actions for protection and plant quarantine;

- control of observance of special requirements of storage precautions of grain by the companies for grain procurement.

Article 7. Competence of the Government of the Republic of Tajikistan

Government of the Republic of Tajikistan:

- develops and implements the state grain program development program of the market of grain and the grain industry of the Republic of Tajikistan;

- approves programs of the state support of production of grain, creates favorable conditions for investment attraction and takes measures for development of the grain market and maintenance of its stability;

- approves amount, structure, rules of forming, storage and use of the state resources of grain;

- signs the intergovernmental agreements connected with transactions with grain.

Article 8. Import and export of cereal products

1. From foreign states the grain which was registered by the state register, having the certificate of conformity issued in the appropriate order or the certificate on its recognition can be imported to the Republic of Tajikistan.

2. The cereal products which do not have the appropriate certificate provided in the regulating documents existing in the Republic of Tajikistan can be imported on the territory by the Republic of Tajikistan only in the procedure established by the legislation for demonstration at exhibitions, for the purpose of research and carrying out testing.

3. Export of cereal products is performed according to the regulatory legal acts of the Republic of Tajikistan and the international precepts of law recognized by the Republic of Tajikistan.

Chapter Z. State support of production and realization of grain

Article 9. Forms of the state support

For the purpose of ensuring stability of the grain market the state performs the following forms of support of production and realization of grain:

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