Unofficial translation
Footnote. Through the whole text the words “by the authorized state body in the field of seed production”, “of the authorized state body in the field of seed production”, “authorized state body in the field of seed production”, “by the state body in the field of seed production” are substituted respectively by the words “by the authorized body”, “of the authorized body”, “authorized body” by the Law of the Republic of Kazakhstan dated 11.12.2009 No. 229-IV (the order of enforcement see Article 2).
This Law determines legal, economic and organizational basis of carrying out the activity in the field of seed production and oriented to regulation of questions of organization and functioning of the system of seed production and state control of production, harvesting, treatment, storage, transportation, the sale and use of seeds of agricultural plants.
Chapter 1. General provisions
Article 1. Basic definitions, used in this Law
The following basic definitions shall be used in this Law:
1)
is excluded by the Law of the Republic of Kazakhstan dated 11.12.2009 No. 229-IV (the order of enforcement see Article 2);
1-1) an agent – a legal entity, one hundred percent of shares of stocks (shares) of which belongs to national holding in the scope of agroindustrial complex or its branch organization, determined by the Government of the Republic of Kazakhstan and carrying out the powers on management of state seed resources within its competence;
2) attestation – establishment (confirmation) of conformity of individuals and (or) legal entities to status of a subject of seed production;
3) certificate of attestation – a document, issued within the competence by the local executive body of oblast (the city of republican significance, the capital), certifying on recognition of the activity of attested subjects in the field of seed production by the state;
4) agricultural plants – cereal plants, leguminous plants , cereals, fodder, oil, essential oil, technical, vegetables, medicines, flower, fruit, berries, potatoes, grapes ;
5) aprobator – an individual, notified the relevant local executive body of a district, city of oblast significance, oblast, the city of republican significance and the capital on the beginning of the activity on conducting approbation of varietal crops of agricultural plants;
6) control tests - the establishment of the safety features of a variety of an agricultural plant and the conformity to variety of this class;
7) original seeds – the seeds, produced by the author of a variety of agricultural plant, by the person authorized by him (her) or originator of variety and intended for production of elite seeds;
8) seeds of the first, second and third reproduction – the following elite seed multiplication by years: the first year – the first reproduction, the second year – the second reproduction, the third year – the third reproduction;
9) approbation of sowings – the determination of varietal qualities of crops of agricultural plants: the varietal purity, the varietal typicality, the level of contamination, morbid affection and damage by pests;
10) ground assessment – establishment of accessory of seeds to particular type, variety and their purity of a variety by sowing on special fields and the following verification of varietal qualities basing on plants;
11) laboratory varietal tests – establishment of accessory of seeds to particular variety and determination of seeds’ purity of a variety by conducting laboratory analysis;
12) off-specification seeds – the seeds not conforming the requirements of regulatory documents on standardization in the field of seed production on varietal and sowing qualities;
12-1) state commission on varietal testing of agricultural plants – organization being under supervision of the authorized body, carrying out the expert examination and testing of varieties of plants for patentability and serviceability;
13) variety changing – change of seeds of old varieties cultivated in production by new seeds, admitted to use that more productive or superior the replaceable varieties according to economic characters and properties;
14) varieties renovation – change of seeds, varietal and biological qualities of which deteriorated during use in production by the best seeds of one and the same variety;
15) varietal uniformity – the index of varietal purity of cross-pollinated agricultural plants;
16) originator of variety – an individual or legal entity that ensures the preservation of a variety;
17) varietal control – the control of carrying out of the arrangements on determination of purity of a variety of sowings of agricultural plants and establishment of accessory of the seeds to particular variety;
18) varietal testing – expert examination and testing of selection achievements on patentability and serviceability, conducted in the manner, established by the legislation of the Republic of Kazakhstan;
19) purity of a variety – percent ratio of the quantities of plants or stalks of main variety to general quantity of plants or stalks of this agricultural plant;
20) super elite seeds– the seeds, belonged to original seeds, received from the harvest of nursery for multiplication, conforming to requirements of the national standards and other regulatory documents in the field of seed production and intended for production of elite seeds;
21) seeds – generative and vegetative organs of plants, used for reproduction of a variety: seeds themselves, fruits, parts of multiple fruits, collective fruits, spikelets, young plants, bulbs, tubers, quicksets, meristems and others;
22) certified seeds – conformity of the seeds to requirements of national standards and other regulatory documents in the field of seed production;
23) varietal qualities of seeds – the set of signs, characterizing the accessory of seeds to particular variety of agricultural plant;
24) seed lot – particular quantity of homogeneous seeds genetically and basing on quality, confirmed by the relevant document (approbation statement, seeds attestation, seeds certificate, certificate of certified seeds, seeds analysis result, quarantine certificate, phytosanitary certificate);
25) seed control – the control of carrying out the arrangements on determination of sowing qualities of seeds, of compliance with requirements of the legislation of the Republic of Kazakhstan for suitability of sowing (planting);
28) seed producers – individuals and legal entities, carrying out the activity in the field of seed production in accordance with this Law;
29) seed-production farm – economic subject, attested by local executive body of oblast (city of republican significance, the capital), carrying out production and realization of the seeds of the first, second and third reproduction;
29-1) seeds realizer – an individual or legal entity, attested by local executive body of oblast (city of republican significance, the capital), carrying out the activity on realization of seed lots of agricultural plants and (or) issuance of the seed loan;
30) laboratory on expert examination of the seeds quality – a legal entity, attested to the right of conducting researches of varietal and sowing qualities of seeds in established manner for their compliance with requirements of the national standards and other regulatory documents in the field of seed production;
31) seed expert examination – the set of arrangements on determination of varietal and seeding qualities of seeds for their compliance with requirements of technical regulations and regulatory documents on standardization in the field of seed production;
32) seed expert – the specialist of laboratory on expert examination of the seeds quality, notified the relevant local executive body of a district, city of oblast significance, oblast, city of republican significance and the capital on beginning of the activity on conducting expert examination of the varietal and seeding qualities of seeds;
33) seed production – the activity, including the set of arrangements on production, harvesting, treatment, storage, transportation, the sale and use of seeds, as well as the state control, including varietal and seed control;
34) state inspector on seed production – a civil servant of local executive body, carrying out the state control in the field of seed production;
35) seed production scheme – a group of interrelated nurseries and seed sowings, in which the process of reproduction of a variety is carried out in particular sequence by selection and multiplication;
36) the authorized state body in the field of seed production (hereinafter – authorized body) – central executive body, carrying out the management and cross-sector coordination in the field of seed production;
37) elite seeds – seeds of agricultural plants that are received from original or super elite seeds and conform to requirements of the legislation of the Republic of Kazakhstan on seed production;
38) elite seed-production farm – economic subject, attested by local executive body of oblast (city of republican significance, the capital), carrying out the production and selling of elite seeds.
Footnote. Article 1 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2006 No. 209 (the order of enforcement see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 11.12.2009 No. 229-IV (the order of enforcement see Article 2); dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after the date of its first official publication).
Article 2. Objects and subjects in the field of seed production
1. The objects in the field of seed production shall include:
variety (clone, line, hybrid, population, mixture of varieties);
seeds;
seed and seed-production sowings and plantings.
2. Subjects in the field of seed production shall include:
author of a variety;
originator of a variety;
producers of seeds;
consumers of seeds, with the exception of individuals, engaged in seed production for use at home, garden-variety, suburban and garden fields without the right of their selling;
individuals and (or) legal entities, rendering the services on determination of varietal and sowing qualities of seeds;
seeds realizers;
State commission on varietal testing of agricultural crops;
agent.
Footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 11.12.2009 No. 229-IV (the order of enforcement see Article 2).
Article 3. The legislation of the Republic of Kazakhstan on seed production
1. The legislation of the Republic of Kazakhstan on seed production is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. If international treaty, ratified by the Republic of Kazakhstan establishes other rules, than those contained in this Law, the rules of international treaty shall be applied.
Chapter 2. The state regulation and management in the field of seed production
Article 4. The state regulation in the field of seed production
The state regulation in the field of seed production shall be carried out by:
1) attestation of subjects of seed production that includes:
first attestation of subjects of seed production;
re-attestation of subjects of seed production upon expiry of the validity term of certificate of attestation;
original seed producers – once every five years;
elite seed-production farms – once every three years;
seed-production farms – once every three years;
seeds realizers – once every two years;
laboratories on expert examination of quality of seeds – once every three years;
post-attestation annual inspection of subjects of seed production with a view to conformance with qualification requirements;
1-1) recognition of approbators and seed experts, carrying out the activity on conducting approbation of the varietal sowings of agricultural plants and expert examination of varietal and sowing qualities of seeds;
2) maintenance of the state register of selection achievements, admitted to use in the Republic of Kazakhstan, and the list of perspective varieties of agricultural plants;
3) compulsory expert examination of seeds on varietal and sowing qualities;
4) conduct of the state control in the field of seed production;
5) permitting control;
6) conduct of scientific researches of fundamental and applied nature in the field of seed production and selection on preservation, development and use of the genofond of agricultural plants in accordance with the legislation of the Republic of Kazakhstan;
7) subsidization of production, realization and purchase of original and elite seeds of varieties, admitted to use in the Republic of Kazakhstan;
8) state security of varietal testing of agricultural plants, expert examination of varietal and sowing qualities of seeds, as well as the seeds, intended for sowing of domestic agricultural goods producers;
9) formation of state seed resources and control of their quantitative and qualitative condition;
10) formation of investment, credit policy in the field of seed production;
11) legal protection of interests of subjects of seed production upon carrying out of international cooperation in the manner, established by the legislation of the Republic of Kazakhstan.
12)
is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
13)
(is excluded)
14) safety ensuring in the field of technical regulation (hereinafter – safety);
15) prevention of actions, misinforming consumers in respect of safety in the field of seed production.
Footnote. Article 4 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 29.12.2006 No. 209 (the order of enforcement see Article 2); dated 11.12.2009 No. 229-IV (the order of enforcement see Article 2); dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012); dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after the date of its first official publication).
Article 5. Competence of the Government of the Republic of Kazakhstan in the field of seed production
The Government of the Republic of Kazakhstan shall:
1) develop principal directions of the state policy in the field of seed production;
2) determine the authorized body;
3)
is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
4)
is excluded by the Law of the Republic of Kazakhstan dated 20.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
5)
is excluded by the Law of the Republic of Kazakhstan dated 20.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
6) organize international cooperation and conclude intergovernmental agreements in the field of seed production, as well as on the issues of export and import of seeds;
7)
is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
7-1) - 13)
are excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
14) perform other functions, imposed on it by the Constitution, Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 29.12.2006 No. 209 (the order of enforcement see Article 2); dated 11.12.2009 No. 229-IV (the order of enforcement see Article 2); dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
Article 6. The competence of the authorized body
1. The authorized body shall:
1)
is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication);
1-1) implement state policy in the field of seed production;
1-2) carry out coordination and organizational supervision of local executive bodies in the field of seed production;
2) develop and implement scientific-technical programs on selection, varietal testing and seed production;
3)
is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
4) carry out formation and management by state seed resources;
5) forecast the volumes of production and selling of seeds of varieties of agricultural plants, admitted to use in the Republic of Kazakhstan;
6) develop and approve the rules of attestation of original and elite seed producers, seeds of the first, second and third reproductions, seeds realizers, laboratories on expert examination of the quality of seeds;
7)
(is excluded – dated 10 January 2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116);
7-1) develop and approve the lists of kinds and types of plants, on which the patentability and serviceability are assessed according to data of state testing or an applicant;
7-2) approve:
procedure for maintenance of the state register of selection achievements, admitted to use in the Republic of Kazakhstan;
provision on republican commission on the issues of varietal testing of agricultural plants;
methods of conducting varietal testing of agricultural plants;
procedure for establishment of annual quotas of producing original and selling of elite seeds, being subject to subsidiary, for attested subjects of seed production;
procedure for conducting approbation of varietal sowings;
8)
is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
8-1) develop and approve the rules of carrying out the varietal and seed control, ground assessment, laboratory varietal tests, expert examination of the quality of seeds;
8-2) determine directions of state assistance of seed production, the list of agricultural plants, seeds of which are subject to subsidizing at the expense of budget funds and regulations of their subsidies;
8-3) develop and approve the rules of subsidizing the development of seed production;
8-4) develop and approve the rules of conducting varietal testing of agricultural plants;
8-5) develop and approve the rules of formation, storage and use of state resources of the seeds, their structure and volume;
8-6) develop and approve the rules of conducting examination of varietal and sowing qualities of seeds, including the seeds intended for sowing by domestic agricultural goods producers;
9)
is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
10)
(is excluded)
11) develop and approve regulatory legal acts on the issues of varietal testing and seed production and forms of documentation on seeds;
11-1) develop and approve technical regulations;
12) submit proposals to the authorized state body on technical regulation and metrology of suggestion on improvement of existing national standards and other regulatory documents on standardization in the field of seed production;
13)
is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
14) develop and confirm the schemes and methods of maintenance of the first, elite and industrial (mass) seed production;
15) organize state testing of varieties of domestic and foreign selection;
16) register originators of varieties in accordance with the rules of registering originators of varieties, approved by the authorized body;
17)
is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication);
18) carry out monitoring of seed resources of the republic;
19) carry out international cooperation on selection and seed production within its competence;
20)
is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
21) approve the state register of selection achievements, admitted to use in the Republic of Kazakhstan, and list of prospective varieties of agricultural plants;
22)
is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication);
23)
is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication);
24)
is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication);
25)
(is excluded);
26) request necessary information in the field of seed production of agricultural plants from local executive bodies;
27) compose a balance of seeds in the republic;
28)
is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);
29) establish the forms of describing variety with conclusion on patent grant, conclusions on patentability of a variety;
30)
is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
31) approve the forms of prescription on elimination of the violation of requirements of the legislation of the Republic of Kazakhstan on seed production, minutes on administrative infraction, regulations in the matter of administrative infraction;
31-1) carry out the control of compliance with the legislation of the Republic of Kazakhstan in the field of seed production by local executive bodies including unimpeded visit of all the objects of control and issuance of compulsory prescriptions on elimination of detected violations of the legislation of the Republic of Kazakhstan in the field of seed production;
32) carry out other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.
2. The authorized body shall carry out its activity through territorial bodies.
Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 10.01.2006 No. 116 (the order of enforcement see Article 2); dated 29.12.2006 No. 209 (the order of enforcement see Article 2); dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 11.12.2009 No. 229-IV (the order of enforcement see Article 2); dated 19.03.2010 No. 258-IV; dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.01.2011 NO. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013 No. 124-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after the date of its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).
Article 6-1. The competence of local executive bodies of oblasts, cities of republican significance and the capital
Local executive bodies of oblasts, cities of republican significance and the capital shall:
1) carry out the state control in the field of seed production;
2) implement state policy in the field of seed production;
3) submit proposals on the volumes of production and sale by elite seed-production farms of elite seeds to the authorized body;
4) conduct attestation of subjects of seed production and laboratories on expert examination of the seed quality with issuance of the relevant certificate in the manner determined by the authorized body;
5) maintain state electronic register of permits and notifications;
6) compose the balances of seeds of oblast, city of republican significance and the capital;
7) ensure representation of necessary information in the field of seed production of agricultural crops to the authorized body in the scope of farm economy;
8) assist to formation of insurance funds and financial adjustments of seeds by agricultural goods producers within the competence;
9) submit proposals on schemes and methods of maintaining the first, elite seed production and mass multiplication of the seeds of agricultural crops;
10) carry out the control of fulfilling the procedure for carrying out of the varietal and seed control, conduct of approbation of the varietal sowings, ground assessment, laboratory varietal testing, expert examinations of the quality of seeds;
10-1) carry out the control of quantitative and qualitative condition of the state resources of seeds;
11) establish limit price of selling for seeds that are subject to subsidization within the quotas, determined in accordance with subparagraph 12) of Article 6-1 of this Law;
12) conform annual quotas on each type of the seeds, being subject to subsidization:
on original seeds – for each attested subject in the field of seed production;
on elite seeds – for each administrative and territorial entity;
13) control intended use of subsidized original and elite seeds;
14) organize preparation and raising of qualification of the personnel of approbators and seed experts;
15) carry out the control of compliance with regulatory legal acts on conducting expert examination of the varietal and sowing qualities of seeds of agricultural plants;
16)
is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication);
17) on the basis of proposal of a state inspector on seed production, it shall be suspended:
the validity of certificate on attestation, certifying the right of a subject to carry out the activity in the field of seed production;
activity on conducting the expert examination of the varietal and sowing qualities of seeds;
18) carry out the other powers, imposed on local executive bodies by the legislation of the Republic of Kazakhstan on behalf of local state management.
Footnote. Chapter is supplemented by Article 6-1 in accordance with the Law of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2); in the wording of the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Laws of the Republic of Kazakhstan dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after the date of its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
Article 7. (Is excluded – by the Law of the Republic of Kazakhstan dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005).
Article 8. State inspectors on seed production and their powers
Footnote. Title of Article 8 is in the wording of the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Akims of oblasts, the city of republican significance and the capital shall have the right to assign additional special name “State inspector on seed production” to the relevant offices of administrative state employees in the manner, established by the legislation of the Republic of Kazakhstan.
2. The state inspectors on seed production shall have the right to:
1) carry out the state control of compliance with schemes and methods of maintaining the first, elite and industrial (mass) seed production by subjects of seed production, approved by the authorized body, methodical and technological requirements in the field of seed production, as well as varietal and seed control;
2) visit the subjects of seed production for the purpose of state control for compliance with the legislation of the Republic of Kazakhstan on seed production and receive information from them on the issues of carrying out the activity in the field of seed production in the manner, established by the legislation of the Republic of Kazakhstan;
3) verify the quality of services, rendered by attested subjects of seed production;
4) carry out inspection of the activity of attested seed producers for their compliance with qualification requirements;
5) issue prescriptions on violation of the legislation of the Republic of Kazakhstan on seed production and draw up the minutes on administrative infractions upon carrying out of the activity in the field of seed production;
6) submit proposals in local executive body of oblast, city of republican significance and the capital on suspension of:
validity of certificate on attestation, certifying the right of a subject to carry out the activity in the field of seed production;
activity on conducting expert examination of the varietal and sowing qualities of seeds;
7) conduct selection of samples from seed lots for carrying out of the state control of the quality of seeds;
8) carry out the control of intended use of subsidized seeds;
9)
(is excluded).
Footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 20.12.2004 No. 13 (shall be enforced from 01.01.2005); dated 10.01.2006 No. 116 (the order of enforcement see Article 2); dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 11.12.2009 No. 229-IV (the order of enforcement see Article 2); dated 10.01.2011 NO. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
Article 9. The state control in the field of seed production
1. The state control in the field of seed production shall be carried out by state inspectors on seed production and oriented to ensuring of compliance with the legislation of the Republic of Kazakhstan on seed production, national standards and other regulatory documents in the field of seed production.
2. The state body in the field of seed production shall provide:
1)
is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
2) varietal and seed control;
3) control of the activity of attested subjects of seed production for compliance with the qualification requirements, established by the Government of the Republic of Kazakhstan;
4)
is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
5) control of the state testing of varieties of agricultural plants.
3. Varietal and seed control shall include:
1) control of carrying out the arrangements on production, harvesting, treatment, storage, sale, transportation and use of seeds for compliance with the rules and regulations of seed production in the following periods:
sowing period;
period of vegetation of agricultural plants;
harvest period;
period of seeds filing;
period of storage of seeds;
selling period (verification of prepared for selling and sold seed lots, as well as upon export and import for compliance of their quality with confirming documents).
Control of production of seeds from seed producers, attested in established manner shall include the following stages:
verification of fields, prepared for sowing of seeds – once a year before sowing;
verification of varietal sowings in the period of vegetation – three times a year;
control of approbation and field observations of the varietal and hybrid sowings – once in the period of approbation;
control of cropping (harvest), transportation, treatment (clearance) and storage of seeds, availability of seed warehouses – two times a year for every type of control;
2) control of conducting expert examination of the varietal and sowing qualities of seeds, attested by laboratories on expert examination of the quality of seeds, for compliance with regulatory legal acts and standards in the field of seed production by them:
two times a year in the period of expert examination of the quality of seeds, as well as in the manner of control upon carrying out of public procurements of services on expert examination of the quality of seeds;
in case of submission of claims to seed producers, as well as disagreement with results of researches of seeds on varietal and sowing qualities, issued by attested laboratories on expert examination of the quality of seeds;
3) verification in the period of approbation of the work of approbators, as well as seed producers for compliance with the regulations of paragraph 2 of Article 14 of this Law by them;
4) control of compliance with regulatory legal acts, standards and other regulatory documents in the field of seed production by subjects of seed production.
4. State control in the field of seed production shall be carried out in the form of verification and other forms.
5. Verification shall be carried out in accordance with the Law of the Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”. Other forms of the state control shall be carried out in accordance with this Law.
Footnote. Article 9 as amended by the Laws of the Republic of Kazakhstan dated 31.01.2006 No. 125; dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 11.12.2009 No. 229-IV (the order of enforcement see Article 2); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after the date of its first official publication).
Article 10. The attestation of subjects of seed production
1. Subject to attestation:
1) laboratories on expert examination of the quality of seeds;
2) original and elite seed producers;
3) seed producers of the first, second and third reproduction, intended for selling;
4)
is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
5)
is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
6) seeds realizers.
2. Upon expiry of the term of attestation, the subjects of seed production shall be obliged to undergo re-attestation.
Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2); dated 11.12.2009 No. 229-IV (the order of enforcement see Article 2); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Chapter 3. The organization of seed production
Article 11. The seed production system
1. The seed production system of agricultural plants represents the set of functionally interrelated state bodies, scientific organizations, subjects of seed production, ensuring breeding, state varietal testing, mass multiplication of varieties for the purpose of variety changing and varieties renovation, production, harvesting, treatment, storage, transportation, selling and use of seeds, approbation of varietal sowings, expert examination of the quality of seeds, state varietal and seed control.
2. The seed production system of agricultural plants shall include:
1) the authorized body and its territorial bodies;
1-1) local executive bodies of oblasts (cities of republican significance, the capital);
2) attested individuals and legal entities, carrying out the activity on production, harvesting, treatment, storage, selling and transportation of seeds;
3) laboratories on expert examination of the quality of seeds attested in established manner.
Footnote. Article 11 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 12. (Is excluded – by the Law of the Republic of Kazakhstan dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005).
Chapter 4. The production, harvesting, treatment, storage, transportation, sale and use of seeds
Article 13. The requirements to production and use of seeds
1. The sale and use of seeds of agricultural plants for sowing (planting) shall be prohibited:
1) infested by quarantine objects;
2) if the seeds belong to variety:
not undergoing state varietal testing;
not included in the state register of selection achievements, admitted to use in the Republic of Kazakhstan, or recognized unpromising in the Republic of Kazakhstan;
3) not undergoing expert examination as to sowing qualities in the manner, established by this Law.
2. The sale, as well as use for sowing (planting) of seeds in attested elite seed-production and seed-production farms in accordance with this Law, not conforming to requirements of the legislation of the Republic of Kazakhstan on varietal and sowing qualities shall be prohibited.
2-1. Seeds, not conforming to requirements of technical regulations shall not be admitted to the sale and use for sowing (planting).
2-2. Seeds of agricultural plants with quality levels, reduced against those, established by the national standards according to permit, issued in accordance with subparagraph 13) of paragraph 1 of Article 6 of this Law shall be admitted to the sale and use for sowing (planting).
Permit to reduction of quality levels of seeds or substantiated refusal shall be issued by the authorized body to local executive bodies of oblasts, cities of republican significance, the capital within five business days from the date of receipt of application.
For receiving mentioned permit, the local executive bodies of oblasts, cities of republican significance, the capital shall accept applications from the subjects of seed production and refer them to the authorized body within five business days.
Local executive bodies of oblasts, cities of republican significance, the capital shall inform the subjects of seed production on decision of the authorized body within two business days from the date of receiving permit or refusal.
3. Seeding of seeds of varieties, not included in the state register of selection achievements, admitted to use in the Republic of Kazakhstan shall be allowed, with the exception of the seeds of varieties, received on the basis of genetic engineering (genetically modified) in cases if:
1) they are used for selection and research works, as well as for the purpose of conducting testing in production conditions (in existence of successful results of testing of variety of agricultural plant by other organizations of the Republic of Kazakhstan or authorized bodies of other states) under condition of simultaneous transfer of the variety for conducting the state varietal testing;
2) their multiplication is provided by international treaty for exportation beyond the boundaries of the Republic of Kazakhstan.
4. Seed lots of the varieties of agricultural plants, not included in the state register of selection achievements, admitted to use in the Republic of Kazakhstan, and (or) excluded from it may be used in the manner of exclusion within the following three years without the right to sale for seed purposes.
5. Individuals and legal entities not attested in the manner, established by this Law (with the exception of agent) may carry out production and use of seeds only for own needs without the right of selling.
An agent shall carry out the functions imposed on him (her) within the competence, determined by the authorized body, on the basis of the contract with the authorized body and in accordance with the Rules of formation, storage and use of state seed resources.
Footnote. Article 13 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2006 No. 209 (the order of enforcement see Article 2); dated 11.12.2009 No. 229-IV (the order of enforcement see Article 2); dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012); dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
Article 14. The rights and obligations of seed producers
1. Seed producers shall have the right to determine the volumes of producing the seeds on an independent basis, with the exception of attested seed producers that shall ensure production of seeds in the volumes, not less than quotas established by thelocal executive body.
2. Seed producers shall be obliged to:
1) comply with technological requirements, production schemes, rules of storage and the sale of seeds approved by the authorized body, ensure their quantitative and qualitative safety;
2) use the seeds of varieties, included in the state register of selection achievements, admitted to use in the Republic of Kazakhstan, as well as the varieties, recognized promising for sowing;
3) acquire original seeds of varieties and parental forms of the hybrids upon production of elite seeds for the purpose of their following sale, as well as beyond the boundaries of the state;
4) represent the documents, confirming their varietal and sowing qualities, as well as characteristic (description) of variety upon selling the seeds;
5) conduct approbation of the varietal sowings in the manner, established by the authorized body;
6) conduct expert examination of sowing qualities of the seeds, intended for sale, use for sowing and creation of insurance funds and financial adjustments;
7) ensure systematic observation of sowings (plantings), territories, seed dressing machines and mechanisms, storages for detecting quarantine objects and conduct arrangements for a struggle with them;
8) create insurance funds and financial adjustments of seeds of agricultural plants at the expense of own funds;
9)
is excluded by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2);
10) conduct varietal testing and variety changing in the manner and terms established by the authorized body;
11) guarantee the conformity of seeds that are subject to sale to varietal and sowing qualities, mentioned in the document on seeds;
12) keep record of quantity, origin of the seeds sold and used for own needs, their varietal and sowing qualities.
Footnote. Article 14 as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV 9the order of enforcement see Article 2); dated 15.07.2011 No. 461-IV (shall be enforced from 30.01.2012); dated 29.09.2014 No. 239-V (shall be enforcedupon expiry of ten calendar days after the date of its first official publication).
Article 14-1. Requirements, submitted to the activity on conducting approbation of varietal sowings of agricultural plants and expert examination of varietal and sowing qualities of seeds
1. For carrying out of the activity on approbation of varietal sowings of agricultural plants and expert examination of varietal and sowing qualities of seeds, the individuals shall represent copies of documents with notification, confirming:
1) existence of higher and post-secondary education on the specialties of agrarian profile or on storage and processing of crop products;
2) undergoing special training (courses of approbators – for approbators);
3) details on work or training on probation (no less than two months) in laboratory on the expert examination of the quality of seeds (for seed experts).
2. Approbators and (or) seed experts shall conform to the following requirements:
1) for approbators – existence of:
higher or postsecondary education on the specialties of agrarian profile;
document on special training (courses of approbators);
2) for seed experts – existence of:
higher or post-secondary education on the specialties of agrarian profile;
document on work or training on probation (no less than two months) in laboratory on expert examination of the seed quality and planting material.
Footnote. Chapter 4 is supplemented by Article 14-1 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 15. The agro-ecological zones for production of seeds of agricultural plants
Footnote. Article 15 is excluded by the Law of the Republic of Kazakhstan dated 11.12.2009 No. 229-IV (the order of enforcement see Article 2).
Article 16. The sale of seed lots
1. The sale and transportation of seed lots shall be carried out in accordance with the legislation of the Republic of Kazakhstan.
2. Seed lots may be in packaged (packed) or unpackaged condition (in bulk) upon their sale and transportation.
3. Upon the sale and transportation of seed lots in packaged (packed) condition, their tare and pack shall have the standard type labels.
4. The sale and transportation of original and elite seeds shall be allowed only in packaged (packed) condition.
5. Upon sale and transportation of seeds in unpackaged condition (in bulk) it shall be required to draw up accompanying documents on these lots with specification of details on the name of a variety of each lot of seeds, origin and quality of seeds.
6. Seed lots, processed by agricultural chemicals and biological preparations shall be in packaged (packed) condition. Tare and pack of these seeds shall have the relevant inscriptions, determining the procedure for handling with such seeds and containing the details on possible negative effects on health of a human and environment.
7. Upon sale and transportation of seed lots it shall be prohibited to specify details on the name of a variety, origin and quality of seeds on tare and packs, labels and in accompanying documents not conforming to reality, as well as distribute deliberately misleading advertisement on seed lots in mass media.
Article 17. State seed resources, insurance funds and financial adjustments
1. The state seed resources are the state stock of seeds of agricultural plants, created and intended for rendering of assistance for agricultural goods producers in cases of natural disasters or other emergencies, stable meeting the requirements of the Republic of Kazakhstan in seed materials, conducting of varieties renovation, variety changing, ensuring of performing interstate agreements.
2. Formation of the state seed resources shall be carried out by the authorized body.
3. Insurance seed funds represents the stock of seeds of agricultural plants and shall be formed by agricultural goods producers on an independent basis for ensuring the sowing in case of bad harvest.
4. Financial adjustment of seeds represents stock of seeds of winter agricultural plants and shall be formed by agricultural goods producers on an independent basis.
Article 18. The harvesting, treatment, storage and use of seeds
1. Procedure for organization of the harvesting, treatment, storage and use of seeds of agricultural plants shall be determined by the authorized body.
2. Use of seeds that are the object of exclusive rights of a patent holder shall be allowed in the manner, provided by the legislation of the Republic of Kazakhstan.
Article 19. The import of seed lots in the Republic of Kazakhstan and their export from the Republic of Kazakhstan
1. The import of seed lots in the Republic of Kazakhstan and their export from the Republic of Kazakhstan shall be carried out in the manner, established by the legislation of the Republic of Kazakhstan.
2. The import of seed lots of agricultural plants in the Republic of Kazakhstan and their export from the Republic of Kazakhstan, the varieties of which are included in the state register of selection achievements, admitted to use in the Republic of Kazakhstan shall be allowed.
3. The import of seed lots in the Republic of Kazakhstan, varieties of which are not included in the state register of selection achievements, admitted to use in the Republic of Kazakhstan, and (or) intended for scientific researches and state testing on patentability and serviceability, as well as in cases provided by paragraph 3 of Article 13 of this Law shall be allowed.
4.
Is excluded by the Law of the Republic of Kazakhstan dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
5. Seed lots imported in the Republic of Kazakhstan and exported from the Republic of Kazakhstan shall be accompanied by the documents, certifying their varietal and sowing qualities, and shall conform to requirements, established by technical regulations and regulatory documents on standardization in the field of seed production.
6. The import of seed parties in the Republic of Kazakhstan of varieties, received on the basis of genetic engineering (genetically modified) shall be admitted in coordination with the authorized body.
7. Seed lots imported in the Republic of Kazakhstan shall be subject to control on quarantine of plants, phytosanitary and seed examination in the manner, established by the legislation of the Republic of Kazakhstan.
Footnote. Article 19 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2006 No. 209 (the order of enforcement see Article 2); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 20. Guarantees of seed quality
1. Seeds realizers shall guarantee the conformity of varietal and sowing qualities to details, mentioned in accompanying documents, confirming their quality.
2. In case of non-conformance of varietal and sowing qualities of seeds to details, mentioned in accompanying documents, the seeds realizers shall bear responsibility, established by the Laws of the Republic of Kazakhstan.
3. The guarantees on acquired seeds shall be valid within the term, established by regulatory legal acts, national standards and other regulatory documents in the field of seed production.
Footnote. Article 20 as amended by the Laws of the Republic of Kazakhstan dated 11.12.2009 No. 229-IV (the order of enforcement see Article 2); dated 10.07.2012 No. 31-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Chapter 5. The procedure for determination of varietal and sowing qualities of seeds
Article 21. The determination of varietal qualities of seeds of agricultural plants
1. The determination of varietal qualities of seeds of agricultural plans shall be conducted by approbation of sowings, ground assessment and laboratory varietal testing in accordance with requirements, established by the regulatory legal acts and acts, regulatory documents on standardization and shall be compulsory for attested seed producers.
2. Varietal sowings of agricultural plants, the seeds from which are intended for selling or use by the subjects of seed production for own seed sowings shall be subject to compulsory approbation.
3. Original and elite seeds of the varieties of agricultural plants, included in the state register of selection achievements, admitted to use in the Republic of Kazakhstan shall be subject to ground assessment.
4. Elite seeds and seeds of the first reproduction of varieties of agricultural plants, included in the state register of selection achievements, admitted to use in the Republic of Kazakhstan, intended for the following selling shall be subject to laboratory varietal testing.
Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 11.12.2009 No. 229-IV (the order of enforcement see Article 2).
Article 22. The determination of sowing qualities of seeds
1. The determination of sowing qualities of seeds being subject to selling and use for sowing shall be conducted by selection of seeds samples and their following analysis in laboratories on expert examination of seeds, attested in the manner, established by this Law.
2. Selection of samples from seed lots, being subject to selling shall be carried out by the state inspectors on seed production of local executive body of oblast, city of republican significance and the capital with the participation of a representative of a seed producer.
3. Selection of samples from seed lots intended only for sowing shall be carried out by seed experts upon application of seed producers and (or) by seed producers (their representatives), undergoing the relevant training in attested laboratories on expert examination of the seed quality.
Footnote. Article 22 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 23. Documenting of seeds
1. The sale of seeds at internal market upon export and import, as well as use of seeds for sowing without the relevant documents, certifying their varietal and sowing qualities shall not be allowed.
2. Upon sale and transportation, the original, super elite and elite seeds shall be accompanied by seeds attestation, the seeds of the first and the following reproductions – by seeds certificate.
3. In case of using the seeds of own production by subjects of seed production, the documents confirming their varietal and sowing qualities are the approbation statement and certificate of certified seeds or approbation statement and seeds analysis result.
4. Seeds attestation or seeds certificate shall be issued by seed producers on the basis of documents, confirming their varietal and sowing qualities (approbation statement of varietal sowings, certificate of certified seeds, seeds analysis results) issued by approbators and attested laboratories on expert examination of the seeds quality.
Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 23-1. General safety requirements upon utilization and destruction of seeds
1. Seeds, recognized improper for use according to their intended purpose following the result of seed expert examination shall be subject to additional treatment, utilization and (or) destruction in the manner, established by technical regulations.
Seeds for the period, required for conducting expert examination and adoption of decision on possibility of their following use or necessity of destruction shall be subject to storage in separate premises in compliance with conditions, ensuring safety.
2. Expenses linked with transportation, storage, expert examination, use or destruction of seeds, unsuitable for use for their intended purpose shall be compensated by their owner.
Footnote. Article 23-1 is supplemented – by the Law of the Republic of Kazakhstan dated 29 December 2006 No. 209 (the order of enforcement see Article 2).
Article 23-2. Requirements to information on safety and quality of seeds
For the purpose of preventing the actions, misinforming the customers in respect of safety of seeds and processes of their life cycle, the seed producers shall be obliged to represent complete and trustworthy information to customers on indicators of safety and quality of seeds.
Footnote. Article 23-2 is supplemented – by the Law of the Republic of Kazakhstan dated 29 December 2006 No. 209 (the order of enforcement see Article 2).
Chapter 5-1. Varietal testing of agricultural plants
Footnote. The Law is supplemented by chapter 5-1 in accordance with the Law of the Republic of Kazakhstan dated 11.12.2009 No. 229-IV (the order of enforcement see Article 2).
Article 23-3. Expert examination and testing of varieties on patentability and serviceability
Patentability and serviceability of varieties of agricultural plants shall be assessed according to data of the state testing and (or) an applicant in accordance with the lists of kinds and types of the plants, approved by the authorizedbody.
Footnote. Article 23-3 is in the wording of the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
Article 23-4.Financing sources of varietal testing of agricultural plants
Financing of expenses on varietal testing of agricultural plants shall be performed at the expense of:
1) budget funds;
2) funds, received in the manner of paying the services in the scope of state varietal testing;
3) funds from sale of products, received in the result of varietal testing of agricultural plants;
3-1) funds, receiving in the manner of paying the services on conducting laboratory varietal testing of original, elite seeds and seeds of the following reproductions;
3-2) funds from sale of printed publications and information bulletins in the field of varietal testing of agricultural plants;
4) other sources, not prohibited by the legislation of the Republic of Kazakhstan.
Footnote. Article 23-4 as amended by the Law of the Republic of Kazakhstan dated 10.01.2011 No. 383-IV (shall be enforced upon expiry of ten calendar days after its first official publication).
Chapter 6. Resolution of disputes and responsibility in the field of seed production
Article 24. Resolution of disputes upon carrying out of the activity in the field of seed production
Disputes arising upon carrying out of the activity in the field of seed production shall be resolved in accordance with the legislation of the Republic of Kazakhstan.
Article 25. Responsibility for violation of the legislation of the Republic of Kazakhstan on seed production
Violation of the legislation of the Republic of Kazakhstan on seed production shall entail responsibility, established by the Laws of the Republic of Kazakhstan.
Footnote. Article 25 is in the wording of the Law of the Republic of Kazakhstan dated 11.12.2009 No. 229-IV (the order of enforcement see Article 2).
The President
of the Republic of Kazakhstan
