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LAW OF THE KYRGYZ REPUBLIC

of June 19, 1997 No. 38

About seeds

(as amended on 04-08-2023)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on May 29, 1997

This Law includes the basic provisions regulating production, certification, realization and use of seed and landing material of all types of plants and also provides the legal basis of activities of subjects in industry of seed farming and regulates their relations with other persons and objects of seed farming.

Article 1. Determination of terms

In this Law the following terms are applied:

Accreditation - official recognition of competences to perform certain activities in the field of certification of high-quality seeds.

Input in business volume - availability, the offer, storage, transfer, sending or delivery of high-quality seeds with sales objective, and also consent to their exchange or obtaining as remuneration.

The state register of the grades and hybrids allowed to use - the list of grades, hybrids which after official testing are allowed to use in the territory of the Kyrgyz Republic (further - the State register).

Originator is selector or selection organization (organization), created grade and (or) providing its preserving.

Original seeds - the seeds of primary links of seed farming of each specific grade received by the selector or organization-originatorom.

The owner of the patent - physical person or legal entity (the selector, the author of grade, the employer, the legal successor, the heir) or the subjects of any pattern of ownership holding the patent for specific grade in the procedure established by the law.

Batch of seeds - certain quantity of seeds certified by one document.

Sowing qualities - set of properties of the seeds characterizing their suitability for crops.

Reproduction of seeds - reproduction of grade in the course of reproduction. Subsequent links of reproduction of elite seeds.

Seeds - landing material, plants and their parts intended for reproduction and cultivation.

Grade - botanical consolidation of the cultivated plants considered as separate units and which are distinguishable, homogeneous and stable.

High-quality qualities - indicators of chistosortnost of seeds.

High-quality seeds - the seeds of grades and hybrids included in the State register and which received appropriate certificates of compliance.

The certified seeds - the high-quality seeds providing higher rates of productivity which are steadier against diseases, to wreckers and climatic changes in comparison with regular seeds.

Elite seeds - the seeds received from the subsequent reproduction of original seeds in elite and seed-growing and other farms.

Soil control - establishment of belonging of agricultural plants and seeds to certain grade and determination of high-quality purity of plants by means of crops of seeds on special sites and subsequent their check.

Inspection - determination of high-quality qualities of seeds, and also the pomological compliance of the operated grades of fruit and berry crops which is carried out for the purpose of establishment of high-quality purity or typicalness of plants, contamination, porazhayemost by diseases and also control of observance of technological regulations in case of cultivation of hybrid seeds.

The license agreement - in connection therewith the agreement the owner of the patent (licensor) transfers the right to use the protected grade to other person (licensee) in the amount of the transferred rights, terms caused by the agreement, the territory where the grade, and payment procedure will be grown up.

The protected grade - the grade protected by the patent for selection achievements and registered in the State register of the protected selection achievements of the Kyrgyz Republic.

The patent - the security document on grades, hybrids of cultures provided by the Law of the Kyrgyz Republic "About legal protection of selection achievements".

Probootborshchik is the official representative of authorized body in the field of certification of seeds, landing material, testing and registration of grades having the right to make sampling from batch of seeds for control of their quality.

The list of cultures - cultures of high-quality seeds which are obligatory for survey of high-quality and sowing qualities.

Seed farming - the activities including complex of actions for production, procurement, processing, storage, transportation, realization and use of seeds, and also carrying out the state control, including high-quality and seed.

Seed-growing economy - the business entity irrespective of pattern of ownership who is growing up and (or) realizing the seed and landing material of one or several crops meeting requirements (criteria) imposed to seed-growing economy according to the regulations on seed-growing farms approved by the Cabinet of Ministers of the Kyrgyz Republic.

ISTA - International Association on testing of seeds (ISTA). Membership and accreditation of laboratories by Association grants the right to issue to authorized body the international certificate of compliance on seeds.

OESD - Organization for Economic Cooperation and Development (OECD). Cultivation of high-quality seeds of different cultures is made according to schemes of this organization.

In the field of seed farming treat objects: grade (clone, line, hybrid, population, mix of grades); seeds; seed and seed-growing crops and plantings.

In the field of seed farming treat subjects:

1) author of grade;

2) grade originator;

3) producers of seeds;

4) seed-growing economy;

5) consumers of seeds, except for the physical persons who are engaged in production of seeds for use on personal, garden, seasonal and garden plots without the right of their realization;

6) the physical and (or) legal entities rendering services in determination of high-quality and sowing qualities of seeds, the state testing of grades and hybrids of crops;

7) suppliers of seeds - legal entities and physical persons, including the individual entrepreneurs performing activities for delivery and realization of seeds of agricultural plants according to this Law.

Article 2. The legislation on seeds and its application

1. The legislation on seeds consists of this Law, other laws of the Kyrgyz Republic and the corresponding regulatory legal acts.

2. Operation of this Law extends to the local and imported seeds of all types of crops, forest, fruit, berry, decorative, flower and herbs, intended for reproduction and cultivation of grade.

3. Provisions of this Law act on all territory of the Kyrgyz Republic in relation to all producers, consumers of seed and landing material, and also to all their intermediaries, the procurement, trading and transport organizations, including legal entities and physical persons, including foreign states.

Article 3. The bodies performing activities for seeds

1. Activities for production of seeds in the Kyrgyz Republic are performed by the managing directors coordinating and executive bodies. Managing directors of bodies are the state bodies on management of agricultural (forest) industry and also performing activities for development of seed-growing industry and their relevant authorized structures (further - state body of management of agricultural (forest) industry).

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