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Law No. 38 “On seeds”.

Country/Territory
Kyrgyzstan
Document type
Legislation
Date
1997 (2020)
Source
FAO, FAOLEX
Subject
Forestry, Cultivated plants
Keyword
Planting material/seeds Intellectual property rights/patents Authorization/permit Certification Business/industry/corporations Registration Contract/agreement Basic legislation Packaging/labelling Access-to-information Plant production Plant variety Crops/grasses
Geographical area
Asia, Central Asia, CIS (Commonwealth of Independent States), Europe and Central Asia, Landlocked Developing Nations, North Asia
Entry into force notes
This Law enters into force on the date of its official publication.
Abstract

This Law includes the main provisions governing production, certification, trade and use of seeds and planting material for all types of plants, and also provides legal grounds for the activities of entities in the seed industry and regulates their relationships with other persons and objects of seed production. Objects in the field of seed production include: grade (clone, line, hybrid, population, mixture of varieties); seeds; seed and seed crops and plantings. Subjects in the field of seed production include: (a) the author of the variety; (b) the originator of the variety; (c) seed producers; (d) seed farming; (e) consumers of seeds, with the exception of individuals engaged in the production of seeds for use in home gardens, subsistence farms, horticulture, summer cottages and garden plots without the right to sell them; (f) natural persons and (or) legal entities providing services for determination of varietal and sowing qualities of seeds, state testing varieties and hybrids of agricultural crops. This Law applies to local and imported seeds of all types of agricultural crops, forestry, fruit, berry, ornamental, floral and medicinal plants, varieties intended for reproduction and breeding. The provisions of this Law are valid throughout the territory of the Kyrgyz Republic in relation to all producers, consumers of seed and planting material, as well as to all the intermediaries therewith, procurement, trading and transport organizations, including legal entities and natural persons, including those of foreign states. Seed production schemes shall be based on the following principles: (a) acknowledgement of seeds – original, elite and reproductions of the first and subsequent generations; (b) testing and registration of varieties in the State Register; (c) cultivation and trade of seeds exclusively by permission of patent holder; (d) mandatory inspection of seed production sites; (e) the number of reproduction of seeds of varieties is strictly limited by the license agreement between the patent owner and the seed producer; (f) multiplication of seeds of varieties outside the Kyrgyz Republic for their subsequent import is carried out under a contract (agreement), after consultations with the originator of the variety; and (g) the originators of the variety are required to constantly have insurance and carry-over stock of original seeds of these varieties in volumes determined by relevant regulations of the state governing body in the field agriculture (forestry) management. Varietal seeds used for sowing and trade are subject to compulsory certification based on a list of crops approved by government agency in the field of agriculture (forestry) management. Varietal seeds introduced into commercial circulation must be packed in appropriate packaging and are subject to labelling (marking). Label with complete and reliable information about the quality of the seed is applied on the package or attached to it. Any legal entity and natural person have the right to produce and sell varietal seeds with permission from the owner of seeds, taking into account the interests of the owner of the patent for protected varieties. State control of the quality of seed material is carried out by an authorized body in the field of seed certification, planting material, testing and registration of varieties.

Full text
Russian
Website
cbd.minjust.gov.kg