LAW OF TURKMENISTAN

of May 10, 2010 No. 106-IV

About seed farming

This Law establishes the legal basis of activities for production, procurement, conversion, storage, realization, transportation and use of seeds of plants, the organizations and functioning of system of seed farming, and also on implementation of the state control in the field of seed farming in Turkmenistan.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

seed farming - activities for production, procurement, conversion, storage, realization, transportation and use of seeds, and also high-quality and seed control;

seeds - the parts of plants (tubers, bulbs, fruits, saplings, actually seeds, compound fruits, parts of difficult fruits and others) applied to reproduction of plant varieties;

high-quality qualities of seeds - set of the signs characterizing belonging of seeds to certain plant variety;

sowing qualities of seeds - set of the signs characterizing suitability of seeds for crops (landing);

batch of seeds - certain quantity homogeneous by origin and to quality of seeds of the corresponding grade;

high-quality control - actions for determination of high-quality purity by means of carrying out approbation of crops, soil and laboratory high-quality control;

seed control - actions for determination of sowing qualities of seeds, control of observance of requirements of state standards and other regulating documents in the field of seed farming;

approbation of crops - inspection of high-quality crops for the purpose of determination of their high-quality purity or high-quality typicalness of plants, contaminations of high-quality crops, defeats by diseases and damages by wreckers of plants;

soil control - establishment of belonging of plants to certain grade and determination of high-quality purity of plants by means of crops of seeds on special sites and the subsequent check of plants;

laboratory high-quality control - establishment of belonging of seeds to certain grade and determination of high-quality purity of seeds by means of carrying out the laboratory analysis.

Article 2. The legislation of Turkmenistan in the field of seed farming

The legislation of Turkmenistan in the field of seed farming is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan accepted according to them regulating questions of seed farming.

Article 3. Right to production and use of seeds

The right to production and use of seeds of the grades and hybrids protected by the patent patent holders, and also the legal entities and physical persons performing the licensed types of activity on seed farming have.

The patent holders authorized by them representatives and also agreements between them are registered according to the procedure, established by the legislation of Turkmenistan.

Article 4. System and subjects of seed farming

The system of seed farming represents set of the subjects of seed farming performing activities for production of seeds, their procurement, conversion, storage, transportation, use and realization, and also quality control of seeds.

Subjects of seed farming are the legal entities and physical persons which are engaged in production, procurement, conversion, storage, transportation, use and realization of seeds.

The procedure for functioning of system of seed farming is determined by authorized state bodies in the field of seed farming.

Chapter II. State regulation in the field of seed farming

Article 5. The bodies performing state regulation in the field of seed farming

1. State regulation in the field of seed farming the Cabinet of Ministers of Turkmenistan, authorized state bodies in the field of seed farming, the Center of seed farming of crops of the Ministry of Agriculture of Turkmenistan (further – the Center) perform, local executive bodies and local government bodies.

2. Authorized state bodies in the field of seed farming are:

The Ministry of Agriculture of Turkmenistan (further – authorized body of the executive authority in the field of agricultural industry);

also in the questions connected with seed farming:

authorized body of the executive authority in the field of environmental protection;

authorized body of the executive authority in the field of health care and the medical industry.

Article 6. Competence of the Cabinet of Ministers of Turkmenistan

Enter competence of the Cabinet of Ministers of Turkmenistan:

1) determination of state policy in the field of seed farming;

2) coordination of activities of authorized state bodies in the field of seed farming;

3) implementation of normative regulation of activities in the field of seed farming of the ministries and departments, and also companies and organizations of all patterns of ownership;

4) determination of procedure for forming, storage and use of the State seed fund;

5) approval of amount of the State seed fund for cultures and grades;

6) approval of the Regulations on licensing of activities in the field of seed farming.

Article 7. Competence of authorized state bodies in seed farming

1. In the field of seed farming of authorized body of the executive authority in the field of agricultural industry treat powers:

1) implementation of single state policy in the field of seed farming of plants;

2) approval of regulatory legal acts of Turkmenistan in the field of seed farming of plants within the powers;

3) approval of the list of the elite seed-growing farms specialized on production of superelite, elite and high-reproductive agricultural seeds in Turkmenistan in coordination with the Cabinet of Ministers of Turkmenistan;

4) implementation of international cooperation of Turkmenistan in the field of seed farming of crops;

5) the solution of other questions concerning it powers in the field of seed farming of crops according to this Law and other regulatory legal acts of Turkmenistan.

2. Authorized body of the executive authority in the field of the environment and authorized body of the executive authority in the field of health care and the medical industry, specified in part two of article 5 of this Law, perform activities in the field of seed farming within their powers provided by this Law and other regulatory legal acts of Turkmenistan.

Article 7-1. Powers of the Center

In the field of seed farming of crops treat powers of the Center:

1) control of maintaining all types of activity in the field of seed farming;

2) implementation of development of state standards in the field of quality of seeds and sowing cultures;

3) development of regulating documents by determination of assessment of crops and grade of seed and sowing cultures;

4) control of compliance of the exported and imported seeds and sowing cultures to state standards and the international standards and issue of the certificate of conformity;

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