ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 7, 2011 No. 915

About approval of Quality requirements and to placement in the market of seeds of oil-bearing and spinning crops

According to the Law on seeds No. 68 of April 5, 2013" (The official monitor of the Republic of Moldova, 2013, Art. No. 130-134, 417), with subsequent changes and amendments, DECIDES: the Government

1. Approve Quality requirements and to placement in the market of seeds of oil-bearing and spinning crops it (is applied).

2. This Resolution becomes effective within 6 months after its publication in the Official monitor of the Republic of Moldova.

3. To impose control over the implementation of this Resolution on the National agency on safety of foodstuff.

 

Prime Minister

Vladimir Filat

Countersign: Deputy Prime Minister, Minister of Economic Affairs

Valeriu Lazer

Minister of Agriculture and food industry

Vasile Bumakov

Approved by the Order of the Government of December 7, 2011 No. 915

Quality requirements and to placement in the market of seeds of oil-bearing and spinning crops

Quality requirements and to placement in the market of seeds of oil-bearing and spinning crops (further - Requirements) create necessary base for application of the Directive of Council 2002/57/EEC of June 13, 2002 on quality and placement in the retail chain stores of seeds of oil-bearing and spinning crops published in the Official Magazine of the European Community (JO L 193, 20.7.2002, p. 74).

I. Scope

1. These Requirements determine conditions to quality for production and/or sale of seeds of the oil-bearing and spinning crops intended for agricultural products, except for their uses in the decorative purposes.

2. These Requirements are applied to seeds of oil-bearing and spinning crops. These Requirements do not extend to the seeds made in the individual not authorized farms and also to the seeds conveyed as transit goods or which are temporarily stored in warehouses as transit products.

II. Terminology

3. In these Requirements the used terms mean the following:

1) Oil-bearing and spinning crops - the grades and types of plants which are listed below:

Arachis hypogaea L.	Peanut cultural
Brassica juncea (L.)	Mustard gray
Brassica napus L. (partim)	Colza
Brassica nigra (L.)	Mustard black
Brassica rapa L. var. silvestris (Lam) Briggs	Surepitsa
Cannabis sativa L.	Hemp sowing
Carthamus tinctorius L.	Carthamus tinctorial
Carum carvi L.	Caraway seeds ordinary
Glycine max (L.) Merr.	Soy cultural
Gossypium spp.	Cotton
Helianthus annuus L.	Sunflower
Linum usitatissimum L.	Flax olive
Papaver somniferum L.	Makopiyny
Sinapis alba L.	Mustard white

2) seeds basic - (versions, but not hybrids) the seeds made directly by the selector or under its direct management, which:

a) were made from seeds prebasic;

b) are intended for production of the seeds certified;

c) conform to requirements of regulating documents about purity of the grades and viability provided for seeds basic;

3) seeds basic (hybrids) are:

a) seeds basic inbredny lines:

which comply with the conditions established in appendices No. 1 and 2 for this type of seeds;

for which after conducting examination it was revealed that they conform to requirements of this subitem, in case of observance of the conditions established in appendix No. 2;

b) seeds basic simple hybrids:

the seeds intended for production of secondary or tertiary hybrid seeds;

which observe the provisions established in appendices No. 1 and 2 for seeds basic;

for which it was revealed after conducting examination that they conform to requirements of paragraphs and), b) the subitem 3) of Item 3;

4) the seeds certified is:

a) seeds of all grades specified in the subitem 1) of Item 3 of these Requirements except Brassica napus L., Brassica juncea (L.), Brassica rapa L. var. silvestris, Brassica nigra (L.), Cannabis sativa L., Carthamus tinctorius L., Carum carvi L., Helianthus annuus L., Papaver somniferum L., Sinapis alba L.:

which come directly from seeds basic and which after conducting official examination correspond to the conditions established in appendices No. 1 and 2 for seeds basic;

for which it was determined after conducting official examination that they correspond to the conditions stated in this subitem.

b) seeds of the first generation (peanut, hemp sowing, flax spinning, flax olive, soy cultural, cotton):

which come directly from seeds basic, or at the request of the selector the seeds belonging to the previous generations of seeds basic which correspond in case of conducting official examination to the conditions established in appendices No. 1 and 2 for seeds basic;

which are intended for production of seeds from category of the seeds certified the second generation;

which correspond to other conditions established in appendices No. 1 and 2 for the seeds certified;

for which it was determined when conducting examination that they correspond to the conditions stated in this subitem;

c) seeds of the second generation (peanut, flax spinning, flax olive, soy, cotton):

which come directly from seeds basic, the seeds certified the first generation or at the request of the selector from the seeds belonging to the generation preceding seeds basic which correspond when conducting official examination to the conditions established in appendices No. 1 and 2 for seeds basic;

which are intended for other purposes of production of seeds of oil-bearing and spinning crops;

which correspond to the conditions established in приложениях№ 1 and 2 for the seeds certified;

for which it was determined after conducting examination that they correspond to the conditions provided in this subitem;

d) seeds of the second generation (hemp sowing):

which come directly from the seeds certified the first generation and which will be established and checked in official procedure concerning production of the seeds certified the second generation;

intended for production of hemp which collection is made during blossoming;

which correspond to the conditions established in appendices No. 1 and 2 for the seeds certified;

for which it is determined after conducting examination that they correspond to the conditions provided in this subitem;

e) seeds of the third generation (flax spinning, flax olive):

which come directly from seeds basic, the seeds certified the first or second generation or at the request of the selector of the seeds belonging to the generation preceding seeds basic which correspond in case of conducting official examination to the conditions established in appendices No. 1 and 2 for seeds basic;

which are intended for other purposes of production of seeds of oil-bearing and spinning crops;

which correspond to the conditions established in appendices No. 1 and 2 for the seeds certified;

for which it was determined when conducting official examination that they correspond to the conditions stated in this subitem;

5) seeds commercial are seeds:

a) which keep identity of type;

b) which correspond to conditions for seeds commercial, established in appendix No. 1;

c) for which it was determined when conducting official examination that they correspond to the conditions provided in this subitem.

III. Inspection in the field, sampling and testing of seeds

4. For determination of biological purity of grades and hybrids of oil-bearing and spinning crops inspection in the field is carried out. Inspection in the field is obligatory and is carried out by the inspectors who are annually appointed to the central bodies of public management in the field of agricultural industry.

5. Inspectors shall correspond to the following conditions:

1) to have necessary technical training (the document confirming passing by the specialist of profile preparation);

2) not to receive any personal benefit when conducting inspections;

3) to carry out inspections according to the existing rules applied concerning inspections.

6. Researches for the purpose of certification and examination of seeds commercial the specialists in sampling appointed by public body in the field of agricultural industry are necessary for check of grades.

7. Persons designated as specialists in sampling shall meet the following requirements:

1) to have the necessary technical training received on the training courses organized in the conditions applicable to specialists in sampling of seeds and confirmed with passing the corresponding examinations;

2) to be impartial physical persons;

3) to be persons hired by physical persons or legal entities which activities are not connected with production, cultivation or trade in seeds.

8. The seed material which is subject to inspection shall turn out from seeds which were exposed to official check during which satisfactory results were received.

9. At least 5% of tests from batches of the seeds collected from seed cultures are selected for repeated control and, if necessary, for laboratory research of seeds on identity and purity of grade.

IV. Trade in seeds of oil-bearing and spinning crops

11. Semyon Brassica L. (partim), Brassica rapa L. var. silvestris (Lam.) Briggs, Cannabis sativa L., Carthamus tinctorius L., Carum carvi L., Gossypium spp., Helianthus annuus L., Linum usitatissimum L. spinning can only be implemented (partim)/flax if they are certified as seeds basic or the seeds certified.

12. Seeds of other grades and types of the oil-bearing and spinning crops which are not listed in Item 11, cannot be implemented if are certified as seeds basic, seeds of the certified or commercial seeds.

13. Trade in the seed material which is selected from the generation preceding seeds basic and the raw seeds which are implemented for conversion will be performed on condition of ensuring their identity.

14. In departure from Item 11 and Item 12 according to the Law No. 659-XIV of October 29, 1999 on seeds it is allowed:

1) trade in seeds basic which meet the requirements established in appendix No. 2 of rather additional germination;

2) in the case specified in the subitem 1) of this Item all necessary measures are taken in order that the supplier provided trade in the seed material having the quality certificate issued by accredited laboratory where additional germination of seeds, and also availability of the special label containing information on the name of type and grade, batch number, the name of the producer and its address, year of certification and single identification number of the label will be established.

15. Without concerning Item provisions 11, according to the Law No. 659-XIV of October 29, 1999 on seeds, local producers are registered for trade:

1) small amount of seeds for the scientific purposes or for the purpose of selection;

2) the corresponding quantity of the seeds intended for other purposes, testing or experiments in that measure in which they belong to versions for which the application for entry in the Catalogue of plant varieties of the Republic of Moldova was submitted.

16. Production, trade and use of genetically modified seed material are carried out based on the authorization issued by National committee on biological safety according to provisions of the Law No. 755-XV of December 21, 2001 on biological safety.

17. Upon the demand of the selector the description of genealogical components shall remain confidential.

18. Seed material is performed by accredited laboratory according to standards of International association of testing of seeds (ISTA).

19. When carrying out researches of seeds for certification samples undertake from the packed and marked batches, the maximum weight of batch and the minimum weight of laboratory test are provided in appendix No. 3 to these Requirements.

20. Seeds basic, the seeds certified and seeds for sale can be on sale only the packed and marked batches.

21. Packaging of seeds basic, certified and commercial is officially sealed so that to exclude its opening without damage of system of packaging or so that the label provided in subitems 1) 2), 3) and 4) of Item 24, and packaging also did not represent opening traces.

22. For the purpose of ensuring integrity of packaging the system of packaging shall provide either gluing of the label, or putting down of seal.

The measures provided in this Item are obligatory when using disposable system of closing.

23. Primary or repeated package will be performed only officially or under official supervision.

In that case on the label of closing provided in Item 24, the date of the last packaging and competent service which executed the corresponding packaging are specified.

24. Requirements to packaging for seeds basic, certified and commercial if seeds from the last category are not provided in small packaging:

1) on outer side of packaging the label which was earlier not used, corresponding to the conditions established in appendix No. 4 to these Requirements on which information is translated into state language shall be pasted. Color of the label:

a) white - for seeds basic;

b) blue - for the seeds certified the first generation, which are grown up from seeds basic;

c) red - for seeds of the certified subsequent generations which are grown up from seeds basic;

d) brown - for seeds commercial.

If the form of the label provides opening, fixture in all cases is made with putting down of seal;

2) if in the case provided in the subitem 1) of Item 14, seeds basic do not correspond to the conditions established in appendix No. 2 to these Requirements of rather additional germination about it it is necessary to specify on the label;

3) use of self-adhesive labels is allowed;

4) each label shall contain single identification number;

5) packaging shall contain the official prospectus of color of the label including, at least, the instructions established in subitems 2), 3), 5) and 6), and for seeds commercial - in subitems 1), 5), 6) and 7) of Item 1 of appendix No. 4 to these Requirements.

The prospectus shall be constituted so that it was impossible to confuse it with the label provided in subitems 1), 2) and 3) of this Item.

25. On packaging of seeds basic, certified and commercial there can be also label of the supplier different from the official label, or information on the supplier printed directly on packaging.

26. In case of belonging of seeds to genetically modified version any label applied on packaging, or the document accompanying batch of such type of seeds according to these Requirements shall specify accurately that this kind of grade is genetically modified.

27. Information about any sort to chemical processing of seeds basic, the seeds certified and seeds commercial, shall be specified or on the official label, or on the label of the supplier, as well as on packaging or in it.

28. Trade in seeds prebasic can be performed provided that seeds:

1) are checked according to the requirements of the Law No. 659-XIV of October 29, 1999 on seeds applied to certification of seeds basic;

2) are packed according to these Requirements;

3) marking on packaging contains, at least, the following instructions:

a) certification body and manufacturing country;

b) batch number;

c) month and year of sealing or month and year of the last official sampling for certification;

d) type, at least, with indication of its botanical name which can be designated in a short form and without names of authors by Latin letters;

e) the grade specified by Latin letters;

f) specifying "seeds prebasic";

g) number of the previous generations of the seeds of category certified and the seeds certified the first generation;

h) accurate specifying if the version was genetically modified;

i) the single identified number;

3) the label shall be white color with diagonal strip of violet color.

29. Is obligatory for seeds of oil-bearing and spinning crops:

1) the origin is direct:

a) from seeds basic or the seeds certified from one or several countries;

b) from the country where requirements to seeds of oil-bearing and spinning crops provide the same guarantees concerning their characteristics and measures applied to their examination for the purpose of ensuring their identity, marking and control which, at least, are equivalent to provisions of these Requirements;

c) from crossing of seeds basic, officially certified in the country with seeds basic, certified in one of the countries according to the paragraph by b) the subitem 1) this Item and collected in other country which shall be on demand determined as the seeds certified in each country if these seeds underwent to inspection in the field according to the provisions provided in appendix No. 1 to these Requirements for the category taken into consideration and if it is revealed during official examination observance of the provisions provided in appendix No. 2 to these Requirements for the same category;

2) from the seeds certified from the generations preceding seeds basic which, according to the Law No. 659-XIV of October 29, 1999 on seeds, will be certified as seeds basic in case of observance of the provisions provided for this category.

30. The seeds of oil-bearing and spinning crops which are subject to certification in compliance with Item 29 provisions:

1) shall be packed and marked by the official label according to provisions of appendix No. 4 to these Requirements;

2) shall be followed by the official document in compliance with provisions of Item 3 of appendix No. 5 to these Requirements;

3) shall contain accurate specifying if the version is genetically modified.

31. When importing seeds of oil-bearing and spinning crops they shall be certified at request if:

1) are received directly from seeds basic, seeds of the certified or their crossing according to Item 29;

2) were exposed to the check in the field corresponding to the provisions provided in appendix No. 1 to these Requirements;

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