LAW OF UKRAINE

of December 26, 2002 No. 411-IV

About seeds and planting stock

This Law determines the basic principles of production and the address of seeds and planting stock, and also procedure of the state control of them.

Operation of this Law does not extend to activities of physical persons for production, storage, transportation and/or use of seeds and planting stock for satisfaction of own needs which are not connected with implementation of economic activity and also to the address of seeds and planting stock of genetically modified organisms (plants) that is regulated by the special legislation.

Section I General provisions

Article 1. Determination of terms

In this Law the terms below are used in such value:

seeds - the plant material used for sowing including own seeds (seeds), fruits, compound fruits, is also not intended for direct consumption by the person or animal;

planting stock - plants and their vegetative bodies (parts) suitable for reproduction of complete organism of plants;

seed farming - crop production industry which provides reproduction and production of seeds and planting stock of plant varieties;

primary links of seed farming - crops (landings) of nurseries of selection and reproduction of acknowledged grade of seeds;

cultivation of seedling - crop production industry which provides production, creation of uterine plantings;

primary links of pitomnikovodstvo - the uterine plantings of perennial plants created with use of initial planting stock of acknowledged grades in basic nurseries and planting stock which of them turns out;

category of seeds and planting stock - the seeds and planting stock received at certain stage of reproduction of grade.

Categories of seeds and planting stock:

dobazovy seeds - the seeds of primary links of seed farming used for its further reproduction and receipt of basic seeds;

basic seeds - generation of seeds, received from consecutive reproduction of dobazovy seeds;

the certified seeds - generation of seeds, received from consecutive reproduction of basic seeds.

To seeds of categories dobazovy, basic and certified the seed potato and drug plants belong;

output planting stock of perennial plants - the virus-free plants or parts of plants of grades, clones created as a result of selection work for further reproduction;

basic planting stock of perennial plants - the virus-free plants or parts of plants of grades, clones received from consecutive reproduction of initial planting stock and intended for creation of uterine plantings;

the certified planting stock of perennial plants - the virus-free plants of grades, clones received from reproduction of basic planting stock and intended for laying of industrial plantings.

To planting stock of categories output, basic, certified grapes, hop, fruit, berry, nuciferous, rare, ornamental and forest plants belong;

packaging - process of packaging (packing) of certain mass of seeds or quantity of planting stock in packaging (container);

the label - the label made of special paper or other material and intended for marking of seeds which is fixed outside and, at the request of the producer, invests in packaging (container);

marking - drawing on the label of information on the name of botanical taxon, grade, batch number, category, generation, year and month of packaging, and also other information according to requirements of the legislation in the field of seed farming;

high-quality qualities of seeds and planting stock - set of morphological features by which plant belonging to the corresponding grade is determined;

sowing qualities of seeds - set of the indicators characterizing suitability of seeds to crops;

commercial properties of planting stock - set of biometric indicators of planting stock, including sanitary condition according to which sorting and determination of the economic validity of planting stock is conducted;

nurseries of selection - link of reproduction of seeds that is selected from the best plants for further laying of nurseries of reproduction;

nurseries of reproduction - links of reproduction of the seeds received from nurseries of selection;

realization of seeds or planting stock - activities of legal entities and/or physical persons entrepreneurs for sale and/or delivery of seeds or planting stock;

standard seeds - seeds which high-quality and sowing qualities conform to the requirements established by the legislation in the field of seed farming;

substandard seeds - seeds which high-quality and sowing qualities do not conform to the requirements established by the legislation in the field of seed farming;

generation of seeds - seed progeny within certain category;

system of seed farming - complex of the interconnected organizational, scientific and agrotechnology actions aimed at providing production, realization and use of seeds and planting stock of plant varieties;

The state register of the plant varieties suitable for distribution in Ukraine (further - the Register of plant varieties of Ukraine) - the official list of the plant varieties suitable for distribution in Ukraine;

The list of plant varieties of Organization for Economic Cooperation and Development (further - the list of plant varieties of OECD) - the official list of the plant varieties recognized as the countries, suitable for certification, which joined seed schemes of Organization for Economic Cooperation and Development;

The state register of subjects of seed farming and rassadnichestvo (further – the Register of subjects of seed farming and rassadnichestvo) – the list of subjects of seed farming and rassadnichestvo;

field testing - assessment of condition and high-quality qualities of seed crops, long-term plantings, seeds and planting stock;

the state supervision (control) - activities of the relevant central executive body within its powers on identification and prevention of violations of requirements of the legislation in the field of seed farming;

high-quality control - complex of actions for determination of high-quality qualities of seeds, planting stock or uterine plantings of perennial plants;

seed control - the state and intraeconomic control of high-quality and sowing qualities of seeds, high-quality and commercial properties of planting stock;

local (soil) high-quality control - assessment of conformity of the plants received from seeds of check sample, to the plants received from seeds of standard sample or the official description of grade;

laboratory high-quality control - establishment of belonging of vegetative and generative organs of plants to the corresponding grade;

the state reserve seed stock - inventory of the basic and certified seeds;

updating of seeds and planting stock - periodic replacement of the certified seeds, uterine plantings of perennial plants according to the procedure of sortozamena or strain renovation;

test - necessary quantity of seeds or parts of the plants (vegetative and generative organs) of the corresponding grade which are selected from total quantity for inspection and the analysis;

check sample - the sample created from test for direct seeding on control plots for local (soil) and laboratory high-quality control;

agricultural plants - the plants provided by grades (hybrids) used for production of agricultural raw materials and food;

perennial plants - plants which development happens more than two vegetative periods;

forest plants - the forest trees and bushes used in forestry;

ornamental plants - the flowers, lawn herbs, bulbs, corms, seedlings and saplings, shanks, microshanks and plants-regeneranty used in the decorative purposes;

drug plants - the wild-growing and cultural plants or their parts (seeds, kidneys, flowers, fruits, stalks, rhizomes) used in medicine for production of medicines;

certification of seeds and planting stock - complex of the actions directed to determination of high-quality and sowing qualities of seeds and high-quality and commercial properties of planting stock for the purpose of documentary confirmation of conformity to requirements of the legislation in the field of seed farming;

the certificate on seeds - the document on compliance certifying high-quality or sowing qualities of seeds;

the certificate on planting stock - the document on compliance certifying high-quality or commercial properties of planting stock;

forest seed base - the natural and artificially framed plantings with valuable hereditary characteristics intended for procurement of forest seeds;

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