ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of July 2, 2015 No. 4-2/602

About approval of Rules of carrying out strain testing of agricultural plants

According to subitem 8-4) of Item 1 of article 6 of the Law of the Republic of Kazakhstan "About seed farming" and the subitem 1) article 10 of the Law of the Republic of Kazakhstan "About the state services" PRIKAZYVAYU:

1. Approve the enclosed Rules of carrying out strain testing of agricultural plants.

2. Declare invalid the order of the Minister of Agriculture of the Republic of Kazakhstan of March 26, 2009 No. 167 "About approval of the Instruction about carrying out strain testing of agricultural plants" (No. registered in the Register of the state registration of regulatory legal acts 5651, published in the Collection of acts of the central executive and other central state bodies of the Republic of Kazakhstan, 2009 No. 7).

3. To provide to department of production and conversion of crop products and phytosanitary safety of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

1) the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan.

4. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of July 2, 2015 No. 4-2/602

Rules of carrying out strain testing of agricultural plants

Chapter 1. General provisions

1. These rules of carrying out strain testing of agricultural plants (further - Rules) are developed according to subitem 8-4) of Item 1 of article 6 of the Law of the Republic of Kazakhstan "About seed farming" (further - the Law on seed farming), the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further - the Law on the state services), the Law of the Republic of Kazakhstan "About protection of selection achievements" (further - the Law on protection of selection achievements) and determine procedure for carrying out strain testing of agricultural plants, and also procedure for rendering the state service "State Testing of Agricultural Plants for Economic Usefulness" (further - the state service).

2. In these rules the following basic concepts are used:

1) State commission on strain testing of crops (further - State commission) - the organization which is under authority of authorized body, performing examination and testing of plant varieties for patentability and economic usefulness;

2) agricultural plants - grain, leguminous, groat, feed, oil-bearing, essential oil-bearing, industrial, vegetable, medicinal, flower, fruit, berry crops, potatoes, grapes;

3) the applicant - physical person or legal entity which submitted the application for patent grant for selection achievement and (or) the request for testing of selection achievement for economic usefulness;

4) patentability - grade compliance to criteria of novelty, distinguishability, uniformity and stability;

5) the expert organization - the organization subordinated to authorized state body in the field of protection of selection achievements performing activities according to Item 1 of article 3-2 of the Law on protection of selection achievements;

6) grade - the group of agricultural plants within the lowest of botanical taxons which is determined by degree of expressiveness of the signs characterizing this genotype or combination of genotypes differs from other groups of agricultural plants of the same botanical taxon in one or several signs or degree of expressiveness of signs and is stable. The protected categories of grade are: clone, line, hybrid of the first generation, population;

7) strain testing - examination and testing of selection achievement for patentability and the economic usefulness which are carried out according to the procedure, established by the legislation of the Republic of Kazakhstan;

8) authorized state body in the field of seed farming (further - authorized body) - the central executive body performing management and cross-industry coordination in the field of seed farming;

9) the operator of information and communication infrastructure of "the electronic government" (further - the operator) - the legal entity determined by the Government of the Republic of Kazakhstan according to the subitem 2) of article 6 of the Law of the Republic of Kazakhstan "About informatization" to who ensuring functioning of the information and communication infrastructure of "the electronic government" assigned to it is assigned;

10) the digital signature (further - the EDS) - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

3. The sample of seed and planting stock intended for strain testing is selected since harvest of the previous or current year and is followed by the certificate or the certificate on seeds of agricultural plants in documentation forms on seeds approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of August 23, 2004 No. 453 (it is registered in the Register of the state registration of regulatory legal acts No. 3080).

4. The sample of seed and planting stock imported into the Republic of Kazakhstan for carrying out strain testing is followed by the phytosanitary certificate in form according to appendix 6 to the Rules on protection of the territory of the Republic of Kazakhstan from quarantine objects and alien types approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of June 29, 2015 No. 15-08/590 (it is registered in the Register of the state registration of regulatory legal acts No. 12032), and the documents confirming high-quality and sowing qualities.

5. Samples of seed and planting stock arrive on strain testing free from extraneous impurities, seeds of other plants, and also the pellety, pickled seeds, except as specified, provided in the agreement, concluded between State commission and the applicant are not allowed.

6. The samples of seed and planting stock provided for strain testing arrive with the internal and external label, containing:

1) the name of grade (if the name is not determined yet, then selection number is specified). The name of foreign grade is written down in language of the applicant and in transcription state or Russian;

2) the name of sort, type (in Latin and state or Russian languages).

7. The applicant sends to State commission sample (grade standard) including herbarium, seeds, tubers, bulbs, shanks, inflorescences (ears, whisks, ears and other parts of plants) for forming and permanent storage of seed high-quality gene pool.

8. State commission uses results of the testing which are carried out by other organizations of the Republic of Kazakhstan, and also other states with which the relevant agreements, and data provided by the applicant are signed.

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