Law No. 10711 Of August 5, 2003

Original Language Title: Lei nº 10.711, de 5 de Agosto de 2003

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LEI No. 10,711, DE August 5, 2003.

Has over the National System of Seeds and Mudas and gives other providences.

THE PRESIDENT OF THE REPUBLIC

I make it known that the National Congress decrees and I sanction the following Law:

CHAPTER I

PRELIMINARY PROVISIONS

Art. 1º The National System of Seeds and Mudas, instituted under this Act and its Regulation, aims to ensure the identity and quality of the multiplication and plant breeding material produced, marketed and used in all national territory.

Art. 2º For the purposes of this Act, you understand by:

I? sample: representative portion of a seed lot or mute, sufficiently homogeneous and correctly identified, obtained by method indicated by the Ministry of Agriculture, Livestock and Supply-Map ;

II? official sample: sample taken out by fiscal, for the purposes of review analysis ;

III-sampling: act or process of obtaining portion of seeds or seedlings, as defined in the Regulation of this Act, to constitute representative sample of field or defined lot ;

IV-sampler: Physical person accredited by the Map for sampling execution ;

V-storer: physical or legal person who stores seeds for you or for third parties ;

VI-beneficiation: operation by means of physical, chemical or mechanical means, with the aim of enhancing the quality of a seed lot ;

VII-benefactor: physical or legal person providing seed or mute benefit services to third parties, assisted by technical officer ;

VIII-category: classification unit, within a seed class, which considers the genetic origin, quality, and number of generations, when it is the case ;

IX-certification of seeds or seedlings: production process of seeds or seedlings, performed upon quality control in all stages of their cycle, including the knowledge of genetic origin and control of generations ;

X-certified seed or seedlings: document issued by the certifier, voucher that the batch of seeds or muds has been produced in accordance with established standards and standards of certification ;

XI-certifier: the Map or legal person by this accreditation to perform seed and mute certification ;

XII-class: seed identification group in accordance with the production process ;

XIII-marketer: physical or legal person who exercises the trade in seeds or seedlings ;

XIV-trade: the act of announcing, exposing for sale, offering, selling, consignment, repacking, importing or exporting seeds or muds ;

XV-cultivar: the variety of any higher gender or plant species that is clearly distinguishable from other known cultivars, by minimum margin of descriptors, by their denomination of their own, which is homogeneous and stable as to the descriptors through successive generations and be of a kind level of use by the agroforestry complex, described in specialized publication available and accessible to the public, as well as the component lineage of hybrids ;

XVI-cultivar location, traditional or crioula: developed variety, adapted or produced by family farmers, settled from agrarian or indigenous reform, with well-determined and recognized phenotypic characteristics by their respective communities and that, at the discretion of the Map, considered also sociocultural and environmental descriptors, do not characterize as substantially similar to commercial cultivars ;

XVII-seed holder: the physical or legal person who is in the possession of the seed ;

XVIII-supervision: exercise of police power, targeting to coibir acts at odds with the devices of this Act and its regulation, carried out by Fiscal Federal Agrolivestock of the Map or by administration official state, municipal or federal District, empowered for the exercise of the supervision and enabled by the respective supervisory boards of the professional exercise ;

XIX-hybrid: the result of one or more crossings, under controlled conditions, between distinct, stable genetic constitution progenitors, and defined varietal purity ;

XX-identity: set of information necessary for identification of seeds or seedlings, including genetic identity ;

XXI-genetic identity: genotypic and phenotypic character set of cultivar that differentiates it from others ;

XXII-introductor: physical or legal person who introduces for the first time, in the Country, one cultivar developed in another country ;

XXIII-clonal garden: set of plants, matrices or basics, intended to provide multiplication material of particular cultivar ;

XXIV-seed analysis laboratory and seedlings: unit consisting of and accredited specifically to carry out seed analysis and to expedite the respective bulletin or certificate of analysis, assisted by responsible coach ;

XXV-mantener: physical or legal person who is responsible for making available a minimum stock of propagation material from a cultivar inscribed in the National Register of Cultivary-RNC, conserving its characteristics of genetic identity and varietal purity ;

XXVI-changes: vegetal propagation material of any genus, species or cultivar, arising from sexual or asexual reproduction, which has specific purpose of planting ;

XXVII-changes certified: changes that have been submitted to the certification process, either from basic plant or plant matrix ;

XXVIII-obtainer: physical or legal person who obtain cultivar, new cultivar or cultivar essentially derived ;

XXIX-basic plant: plant taken from improvement process, under the responsibility and direct control of its obtaintor or introductor, maintained its characteristics of genetic identity and purity ;

XXX-plant matrix: plant supplier of propagation material that maintains the characteristics of the Basic Plant from which it comes from ;

XXXI-production: the process of propagation of seeds or mudas ;

XXXII-change producer: physical or legal person who, assisted by technical officer, produces changes intended for commercialization ;

XXXIII-seed producer: physical or legal person who, assisted by technical officer, produces seed intended for commercialization ;

XXXIV-propagation: reproduction, by seeds proper, or multiplication, by muds and other plant structures, or the concomitance of these actions ;

XXXV-quality: set of attributes inherent in seeds or mudas, which allows to substantiate the genetic origin and physical, physiological and phytosanitary state of them ;

XXXVI-repackager: physical or legal person who, assisted by technical officer, reemblates seeds ;

XXXVII-responsible technician: agronomic engineer or forest engineer, registered at the respective Regional Board of Engineering, Architecture and Agronomy-Crea, to whom the technical responsibility for production is incumbent, beneficiation, repackaging or analysis of seeds in all its phases, in their respective area of professional habilitation ;

XXXVIII-seed: plant reproduction material of any genus, species or cultivar, arising from sexual or asexual reproduction, which has specific seeding purpose ;

XXXIX-seed genetics: reproduction material obtained from plant improvement process, under the responsibility and direct control of its obtaintor or introductor, maintained its identity characteristics and genetic purity ;

XL-basic seed: material obtained from the reproduction of genetic seed, carried out in such a way as to ensure its genetic identity and its varietal purity ;

XLI-seed certified first-generation: plant breeding material resulting from the reproduction of basic seed or of genetic seed ;

XLII-seed certified second generation: plant breeding material resulting from the reproduction of genetic seed, basic seed, or first-generation certified seed ;

XLIII-seed for own use: quantity of plant breeding material guarded by the farmer, to each crop, for sowing or planting exclusively in the following crop and on his property or other whose possession detain, observed, for calculation of quantity, the parameters recorded for cultivating in the National Register of Cultivar-RNC ;

XLIV-term of compliance: document issued by the technical officer, with the aim of attesting that the seed or the change was produced in accordance with the standards and standards set by the Map ;

XLV-use of seeds or seedlings: use of vegetables or their parts with the goal of sowing or planting ;

XLVI-user of seeds or seedlings: the one who uses seeds or seedlings with a seeding or planting goal ;

XLVII-cultivation value and use-VCU: intrinsic value of combination of the agronomic characteristics of cultivating with its use properties in agricultural, industrial, commercial or consumption activities in natura.

Single Paragraph. They also apply in what couber and in no way dispose of this Act, the concepts set out in Law No 9,456 of April 25, 1997.

CHAPTER II

OF THE NATIONAL SYSTEM OF SEEDS AND MUDAS

Art. 3º The National System of Seeds and Mudas-SNSM comprises the following activities:

I-national registration of seeds and mude-Renaissance ;

II-national register of cultivars-RNC ;

III-production of seeds and muds ;

IV-certification of seeds and muds ;

V-analysis of seeds and mudas ;

VI-marketing of seeds and muds ;

VII-monitoring of production, beneficiation, sampling, analysis, certification, storage, transport and marketing of seeds and seedlings ;

VIII-use of seeds and muds.

Art. 4º Competes the Map to promote, coordinate, normalize, supervise, audit and scrutinize the actions arising from this Act and its regulation.

Art. 5º Compete for States and the Federal District to draw up additional standards and procedures concerning the production of seeds and seedlings, as well as to exercise surveillance of state trade.

Single Paragraph. The supervision of the state trade in seeds and seedlings may be exercised by the Map, when requested by the Federation unit.

Art. 6º Competes privately to Map the surveillance of interstate and international trade in seeds and seedlings.

CHAPTER III

DO NATIONAL REGISTRATION OF SEEDS AND MUDAS

Art. 7º It is instituted, in the Map, the National Register of Seeds and Mudas-Renasem.

Art. 8º Physical and legal persons exercising the activities of production, beneficiation, packaging, storage, analysis, trade, import and export of seeds and seedlings are required to enroll in the Renaissance.

§ 1º The Map will accredit, together with the Renaissance, physical and legal persons who meet the requirements required in the regulation of this Act, to exercise the activities of:

I-responsible manager ;

II-seed certification entity and mudas ;

III-seed certifier or production seedlings of its own ;

IV-laboratory for seed analysis and seedlings ;

V-sampler of seeds and mudas.

§ 2º Physical or legal persons importing seeds or seedlings for their own use on their property, or in properties of third parties whose possession detain, shall be exempted from the inscription in the Renaissance, obeyed the conditions established in the regulation of this

§ 3º Stay exempt from the inscription in the Renaissance of family farmers, the settlements of agrarian reform and the indigenous people who multiply seeds or seedlings for distribution, exchange or marketing with each other.

Art. 9º Public services arising from enrollment or accreditation in the Renaissance will be remunerated by the specific public service pricing regime, by bedding the Map to set values and forms of fundraising for the activities of:

I-producer of seeds ;

II-producer of mute ;

III-seed beneficiator ;

IV-seed repackler ;

V-seed storer ;

VI-seed dealer ;

VII-trader of mudas ;

VIII-seed certificator or mute ;

IX-laboratory of seed analysis or seedlings ;

X-sampler ;

XI-responsible manager.

Single Paragraph. The physical or legal person who exercises more than one activity will pay only the value regarding the highest annuity and the highest enrolment or accreditation fee in the activities it develops.

CHAPTER IV

DO NATIONAL REGISTRATION OF CULTIVARS

Art. 10. It is instituted, in the Map, the National Register of Cultivares-RNC and the National Cadastro of Registered Cultivars-CNCR.

Single Paragraph. CNCR is the cadaster of the cultivars registered in the RNC and its mantendents.

Art. 11. The production, beneficiation and marketing of seeds and seedlings are conditioned on the prior enrolment of the respective cultivar in the RNC.

§ 1º The inscription of cultivar should be unique.

§ 2º The permanence of the inscription of a cultivar, in the RNC, is conditional on the existence of at least one mantener, exceeded cultivars whose propagation material relies exclusively on importation.

§ 3º The Map will be able to accept more than one mantener of the same cultivar inscribed in the RNC as long as it proves to possess technical conditions to ensure the maintenance of the cultivar.

§ 4º The mantener who, for whatever reason, cease to provide basic material or to ensure the characteristics of the cultivar declared on the occasion of its enrollment in the RNC will have its name excluded from the record of cultivating in the CNCR.

§ 5º In the case of cultivar protected under Law No. 9,456 of April 25, 1997, the inscription must be made by the obtainer or by legally authorized prosecutor.

§ 6º It is not mandatory to enroll in the RNC of cultivar location, traditional or crioula, used by family farmers, settled from agrarian or indigenous reform.

§ 7º The Regulation of this Act shall establish the criteria for the permanence or exclusion of enrolment in the RNC, public domain cultivars.

Art. 12. The denomination of cultivar will be mandatory for their identification and will be intended to be their generic denomination, and for registration purposes, it shall comply with the following criteria:

I-be unique, not able to be expressed only in numerical form ;

II-be different from denomination of preexisting cultivar ;

III-do not induce error as to intrinsic characteristics or as to the provenance of cultivar.

Art. 13. The Map will edit specialized publication for dissemination of the National Cadastro of Registered Cultivars.

Art. 14. The inscriptions of cultivars already existing in the RNC, on the date of publication of this Act, are to be convalidated, provided that within 180 (one hundred and eighty) days, interested parties meet the provisions of the art. 11.

Art. 15. The Map shall establish standards for determination of cultivation and use-VCU value pertinent to each plant species, for the inscription of the respective cultivars in the RNC.

Art. 16. The inscription of cultivar in the RNC may be cancelled or suspended in the form that establishes the regulation of this Act.

Art. 17. Public services arising from the inscription in the RNC will be remunerated by the specific public service price regime, with the Map setting values and forms of fundraising.

CHAPTER V

DA PRODUCTION AND CERTIFICATION

Art. 18. The Map will promote the organization of the seed and seedlings production system throughout the national territory, including the certification process, in the form that it disposes the regulation of this Act.

Art. 19. The production of seeds and seedlings will be the responsibility of the seed producer and mute inscribed in the Renaissance, competing to ensure identity and quality control.

Single Paragraph. The guarantee of the minimal germination standard will be ensured by the seed holder, whether producer, merchant or user, in whatever way the regulation of this Act has been laid down.

Art. 20. The standards of identity and quality of seeds and seedlings, established by the Map and published in the Official Journal of the Union, will be valid throughout the national territory.

Art. 21. The seed and seedlings producer shall be obliged to identify them, and shall make the particulars of the respective packaging, stamp, label or label of identification, the specifications set out in the Regulation of this Act.

Art. 22. The seeds and seedlings should be identified with the denomination "Semente de" or "Muda of" increased common name of the species.

Single Paragraph. The seeds and seedlings produced under the certification process will be identified in accordance with the denomination of the categories set out in art. 23, increased by the common name of the species.

Art. 23. In the process of certification, seeds and seedlings can be produced under the following categories:

I-seeming genetics ;

II-basic seed ;

III-seed certified first-generation-C1 ;

IV-seed certified second-generation-C2 ;

V-basic plant ;

VI-plant matrix ;

VII-changes certificated.

§ 1º The attainment of second-generation certified seed-C2, first-generation certified seed-C1 and basic seed will, respectively, give for the reproduction of at most a generation of the category immediately previous, on the scale of constant categories of the caput.

§ 2º The Map will be able to authorize more than one generation for the multiplication of the basic seed category, considering the peculiarities of each plant species.

§ 3º The basic seed production, first generation certified seed-C1 and second-generation certified seed-C2, is conditioned on the prior enrollment of the production fields in the Map, observed the norms and the standards pertinent to each species.

§ 4º The certified change production is conditioned on the prior inscription of the clonal garden of matrix and basic plant, as well as of the respective production nursery, in the Map, observed the standards and standards pertinent.

Art. 24. The production of non-certified class seeds with proven genetic origin can be done by, at most, two generations from certified, basic or genetic seed, conditioned to the prior enrollment of the production fields in the Map and meeting the standards and standards set out in the regulation of this Act.

Single Paragraph. At the discretion of the Map, the seed production provided for in this article can be made without the proof of genetic origin, when there is still no technology available for the production of the genetic seed of the respective species.

Art. 25. The production field inscription of seeds and seedlings of cultivar protected under the Act No 9,456 of 1997 can only be done upon express permission of the holder of the right of cultivar property.

Art. 26. The production of uncertified changes should comply with the provisions of the Regulation of this Act.

Art. 27. The certification of seeds and seedlings should be carried out by the Map or by accredited legal person in the form of the regulation of this Act.

Single Paragraph. It will be provided to the seed or mute producer to certify their own production, provided that it is accredited by the Map in the form of § 1º of the art. 8º of this Act.

CHAPTER VI

DA ANALYSIS OF SEEDS AND MUDAS

Art. 28. The analysis of seed and mute samples should be performed according to methodologies officiated by the Map.

Art. 29. Analyses of seed and mute samples will be valid only, for the purposes provided for in this Act, when carried out directly by the Map or by laboratory by him accredited or recognized.

Single Paragraph. The results of the analyses will only have value, for surveillance purposes, when obtained from official samples and analyzed directly by the Map or by the official laboratory by him accredited.

CHAPTER VII

DO INTERNAL TRADE

Art. 30. The trade and transportation of seeds and seedlings are conditioned on the fulfillment of the identity and quality standards set by the Map.

Single Paragraph. In emergency situations and by a given deadline, Map will be able to authorize the commercialization of propagation material with identity and quality standards below the established minimums.

Art. 31. The seeds and seedlings are to be identified, constando their category, in the form established in art. 23 and shall, when being transported, marketed or stocked, be accompanied by a tax note or tax note of the producer and the certificate of seed or the term of conformity as defined in the Regulation of this Act.

Art. 32. The marketing and transport of seeds treated with chemical or agrotoxic products should comply with the provisions of the Regulation of this Act.

CHAPTER VIII

DO INTERNATIONAL TRADE

Art. 33. The production of seeds and seedlings intended for international trade should comply with the specific standards laid down by the Map, met the requirements of agreements and treaties governing international trade or those established with the country importer, as the case is.

Art. 34. Only seeds or seedlings of cultivars entered in the National Cultivar Register may be imported.

Single Paragraph. They shall be exempt from enrolment in the RNC as cultivars imported for research purposes, from valuations of cultivation and use, or re-export.

Art. 35. The seed or changes imported must be accompanied by the documentation provided for in the Regulation of this Act.

§ 1º The seed or changes imported may not, without prior authorization of the Map, be used, albeit partially, for purposes other than those who have motivated their import.

§ 2º The imported seeds or mudas, when convicted, must, at the discretion of the Map, be returned, re-exported, destroyed or used for another purpose.

CHAPTER IX

DA UTILIZATION

Art. 36. It competes in the Map to guide the use of seeds and seedlings in the Country, with the aim of preventing its misuse and damage to national agriculture, as set out in the regulation of this Act.

CHAPTER X

DA SURVEILLANCE

Art. 37. They are subject to surveillance, by the Map, the physical and legal persons who produce, benefit, analyse, pack, repackage, sample, certify, transport, import, export, use or market seeds or seedlings.

§ 1º The audit that it treats this article is a matter of competence of the Map and shall be exercised by fiscal by him empowered, without prejudice to the provisions of the art. 5º.

§ 2º Compete to the supervisor exercise the supervision of production, benefit, trade and the use of seeds and seedlings, and shall be assured, in the performance of their duties, free access to any establishments, documents or persons referred to in the caput.

Art. 38. The Map may decentralize, by arrangement or agreement with public servants, the execution of the surveillance service that it treats this Act, in the form of its regulation.

Single Paragraph. The delegation of competence provided for in caput is subject to regular audits, performed by the Map as set out in the regulation of this Act

Art. 39. Every seed or changes, packaged or bulk, stored or in transit, identified or not, is subject to the supervision in the form that it has the regulation disposing.

CHAPTER XI

DAS COMMISSIONS OF SEEDS AND MUDAS

Art. 40. The Commissions of Seeds and Mudas, collegiate bodies, advisory and advisory character to the Map, to which it competes to propose complementary standards and procedures, relating to the production, trade and use of seeds and to mudas.

§ 1º The Commissions of Seeds and Mudas, to be installed in the Federation units, will be composed of representatives of federal, state and municipal entities and the private initiative, linked to the supervision, to the research, teaching, technical assistance and rural extension, production, trade and the use of seeds and mudas.

§ 2º The composition, structure, assignments and responsibilities of the Commissions of Seeds and Mudas shall be established in the Regulation of this Act.

§ 3º It is up to the Map the coordination, within national framework, of the Commissions of Seeds and Mudas.

CHAPTER XII

DAS PROHIBITIONS

Art. 41. They are prohibited from production, beneficiation, storage, analysis, trade, transport and use of seeds and seedlings at odds with the one established in this Act and in its regulation.

Single Paragraph. The classification of the infractions of this Act and the respective penalties will be disciplined in the regulation.

CHAPTER XIII

DAS PRECAUTIONARY MEASURES AND PENALTIES

Art. 42. In the act of fiscal action will be adopted as precautionary measures, as per the regulation of this Act:

I-suspension of marketing ; or

II-prohibition of establishment.

Art. 43. Without prejudice to the criminal and civil liability, the non-compliance with the provisions of this Act subject to the physical and legal persons referred to in art. 8º, to the following penalties, either isolated or cumulatively, as per the regulation of this Act:

I-warning ;

II-pecuniary fine ;

III-apprehension of seeds or mudas ;

IV-condemnation of the seeds or mudas ;

V-suspension of enrollment in the Renaissance ;

VI-cassation of enrollment in the Renaissance.

Single Paragraph. The pecuniary fine will be of equivalent value to up to 250% (two hundred and fifty per cent) of the commercial value of the audited product, when it incides on production, beneficiation or marketing.

Art. 44. The technical officer, the sampler or the certifier who disregards the devices of this Act, will be subject to the following penalties, either isolated or cumulatively, as per the regulation of this Act:

I-warning ;

II-pecuniary fine ;

III-suspension of accreditation ;

IV-cassation of accreditation.

Single Paragraph. Without prejudice to the provisions of the caput of this article, it shall be the supervisory body obliged to communicate the eventual occurrences, immediately, to the respective Regional Board of Engineering, Architecture and Agronomy-Crea.

CHAPTER XIV

FINAL PROVISIONS

Art. 45. The seeds produced in accordance with the established in the caput of the art. 24 and termed in the form of the caput of the art. 22 will be able to be marketed with the designation of "supervised seeds", for a maximum period of 2 (two) years, counted from the date of publication of this Act.

Art. 46. The product of the collection to which they refer to the arts. 9º and 17 will be collected from the Federal Agrolivestock Fund, in accordance with the current legislation, and applied in the implementation of the services it treats this Act as regulation.

Art. 47. It is the Map authorized to establish specific mechanisms and, in what couber, exceptions to the provisions of this Act, for regulation of the production and trade of seeds of forest, native or exotic species, or of medicinal interest or environmental, as well as for the other species referred to in the single paragraph of art. 24.

Art. 48. Observed the other requirements of this Act, it is vetoed the establishment of restrictions on the inclusion of seeds and seedlings of cultivating local, traditional or creole in funding programs or in public distribution or exchange programs of seeds, developed together with family farmers.

Art. 49. The Map shall establish the mechanisms of coordination and execution of activities provided for in this Act

Art. 50. The Executive Power will regulate this Act within 90 (ninety) days, after the date of its publication.

Art. 51. This Act enters into force 90 (ninety) days after the date of its publication.

Art. 52. It is repealed Law No. 6,507 of December 19, 1977.

Brasilia, August 5, 2003 ; 182º of Independence and 115º of the Republic.

LUIZ INACIO LULA DA SILVA
Roberto Rodrigues