LAW OF UKRAINE

of December 26, 2002 No. 411-IV

About seeds and landing material

This Law determines the basic principles of production and the address of seeds and landing material, and also procedure of the state control of them.

Operation of this Law does not extend to activities of physical persons for production, storage, transportation and/or use of seeds and landing material for satisfaction of own needs which are not connected with implementation of economic activity and also to the address of seeds and landing material of genetically modified organisms (plants) that is regulated by the special legislation.

Section I General provisions

Article 1. Determination of terms

In this Law the terms below are used in such value:

seeds - the plant material used for sowing including own seeds (seeds), fruits, compound fruits, is also not intended for direct consumption by the person or animal;

landing material - plants and their vegetative bodies (parts) suitable for reproduction of complete organism of plants;

seed farming - crop production industry which provides reproduction and production of seeds and landing material of plant varieties;

primary links of seed farming - crops (landings) of nurseries of selection and reproduction of acknowledged grade of seeds;

cultivation of seedling - crop production industry which provides production, creation of uterine plantings;

primary links of pitomnikovodstvo - the uterine plantings of perennial plants created with use of initial landing material of acknowledged grades in basic nurseries and landing material which of them turns out;

category of seeds and landing material - the seeds and landing material received at certain stage of reproduction of grade.

Categories of seeds and landing material:

dobazovy seeds - the seeds of primary links of seed farming used for its further reproduction and receipt of basic seeds;

basic seeds - generation of seeds, received from consecutive reproduction of dobazovy seeds;

the certified seeds - generation of seeds, received from consecutive reproduction of basic seeds.

To seeds of categories dobazovy, basic and certified seed potatoes and herbs belong;

output landing material of perennial plants - the virus-free plants or parts of plants of grades, clones created as a result of selection work for further reproduction;

basic landing material of perennial plants - the virus-free plants or parts of plants of grades, clones received from consecutive reproduction of initial landing material and intended for creation of uterine plantings;

the certified landing material of perennial plants - the virus-free plants of grades, clones received from reproduction of basic landing material and intended for laying of industrial plantings.

To landing material of categories output, basic, certified grapes, hop, fruit, berry, nuciferous, rare, ornamental and forest plants belong;

packaging - process of packaging (packing) of certain mass of seeds or amount of landing material in packaging (container);

the label - the label made of special paper or other material and intended for marking of seeds which is fixed outside and, at the request of the producer, invests in packaging (container);

marking - drawing on the label of information on the name of botanical taxon, grade, batch number, category, generation, year and month of packaging, and also other information according to requirements of the legislation in the field of seed farming;

high-quality qualities of seeds and landing material - set of morphological features by which plant belonging to the corresponding grade is determined;

sowing qualities of seeds - set of the indicators characterizing suitability of seeds to crops;

commodity qualities of landing material - set of biometric indicators of landing material, including sanitary condition according to which sorting and determination of the economic validity of landing material is conducted;

nurseries of selection - link of reproduction of seeds that is selected from the best plants for further laying of nurseries of reproduction;

nurseries of reproduction - links of reproduction of the seeds received from nurseries of selection;

realization of seeds or landing material - activities of legal entities and/or physical persons entrepreneurs for sale and/or delivery of seeds or landing material;

standard seeds - seeds which high-quality and sowing qualities conform to the requirements established by the legislation in the field of seed farming;

substandard seeds - seeds which high-quality and sowing qualities do not conform to the requirements established by the legislation in the field of seed farming;

generation of seeds - seed generation within certain category;

system of seed farming - complex of the interconnected organizational, scientific and agrotechnological actions aimed at providing production, realization and use of seeds and landing material of plant varieties;

The state register of the plant varieties suitable for distribution in Ukraine (further - the Register of plant varieties of Ukraine) - the official list of the plant varieties suitable for distribution in Ukraine;

The list of plant varieties of Organization for Economic Cooperation and Development (further - the list of plant varieties of OECD) - the official list of the plant varieties recognized as the countries, suitable for certification, which joined seed schemes of Organization for Economic Cooperation and Development;

The state register of subjects of seed farming and rassadnichestvo (further – the Register of subjects of seed farming and rassadnichestvo) – the list of subjects of seed farming and rassadnichestvo;

field testing - assessment of condition and high-quality qualities of seed crops, long-term plantings, seeds and landing material;

the state supervision (control) - activities of the relevant central executive body within its powers on identification and prevention of violations of requirements of the legislation in the field of seed farming;

high-quality control - complex of actions for determination of high-quality qualities of seeds, landing material or uterine plantings of perennial plants;

seed control - the state and intraeconomic control of high-quality and sowing qualities of seeds, high-quality and commodity qualities of landing material;

local (soil) high-quality control - assessment of conformity of the plants received from seeds of control test, to the plants received from seeds of standard sample or the official description of grade;

laboratory high-quality control - establishment of belonging of vegetative and generative bodies of plants to the corresponding grade;

the state reserve seed fund - inventory of the basic and certified seeds;

updating of seeds and landing material - periodic replacement of the certified seeds, uterine plantings of perennial plants according to the procedure of sortozamena or strain renovation;

test - necessary quantity of seeds or parts of the plants (vegetative and generative bodies) of the corresponding grade which are selected from total quantity for inspection and the analysis;

control test - the sample created from test for direct seeding on control sites for local (soil) and laboratory high-quality control;

agricultural plants - the plants provided by grades (hybrids) used for production of agricultural raw materials and food;

perennial plants - plants which development happens more than two vegetative periods;

forest plants - the forest trees and bushes used in forestry;

ornamental plants - the flowers, lawn herbs, bulbs, corms, seedlings and saplings, shanks, microshanks and plants-regeneranty used in the decorative purposes;

herbs - the wild-growing and cultural plants or their parts (seeds, kidneys, flowers, fruits, stalks, rhizomes) used in medicine for production of medicines;

certification of seeds and landing material - complex of the actions directed to determination of high-quality and sowing qualities of seeds and high-quality and commodity qualities of landing material for the purpose of documentary confirmation of conformity to requirements of the legislation in the field of seed farming;

the certificate on seeds - the document on compliance certifying high-quality or sowing qualities of seeds;

the certificate on landing material - the document on compliance certifying high-quality or commodity qualities of landing material;

forest seed base - the natural and artificially created plantings with valuable heritable signs intended for procurement of forest seeds;

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