Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The purpose of this law is to maintain high quality plant production by promoting the supply and use of sowing seed suitable for the conditions of good quality and growth in Finland and to provide the necessary information on sowing seed.
This law applies to the production, marketing, import and export of seed of arable and horticultural seed. The decree of the Ministry of Agriculture and Forestry lays down more detailed rules for the application of this law to the granting of seed-based seed to a farmer and the conditions of application.
For the purposes of this law:
(1) Sowing seed Seed and seed potatoes intended for sowing;
(2) Marketing For the sale or otherwise of sowing seed, storage operations for sale, offering for sale, free of charge for commercial exploitation and making available sowing seed against payment, or Free of charge on the European Union market for distribution or use within the Union;
(3) Imports: Sowing seed from non-European Union or European Economic Area Member States;
(4) On the export Sowing seed for export to non-European Union or European Economic Area Member States;
(5) Certified sowing seed The officially certified consignment of basic seed or certified sowing seed, of which the sale is officially closed and equipped with a guarantee certificate after the official seed-growing inspection and the refurbished seed The sample of the sample taken has been found to have been correctly identified and sorted and that it complies with the quality requirements for the seed category in question;
(6) With genetically modified sowing seed, Sowing, consisting of a genetically modified organism, containing such an organism or produced from such an organism if it is scientifically proven that the estimated characteristics of the sowing seed, including sowing seed, Contained in the gene, differ from those of the conventional seed seed;
(7) The trader A natural or private or public legal person who professionally produces, packages, markets, import or export sowing seed.
Only certified sowing seed is placed on the market. The Ministerial Decree of the Ministry of Agriculture and Forestry lays down stricter rules for the certification of seed and quality requirements for certified seed, as well as other certification conditions, certification of seed seed, certified in another country. For the marketing of sowing seed in Finland and the requirements for the production, processing and storage of certified seed.
By way of derogation from paragraph 1, non-certified may be marketed:
(1) small quantities of seed sown for scientific purposes or processing;
(2) minor quantities of sowing seed intended for other experimental uses, if it is a variety of applications for approval of the list of varieties referred to in Article 5, and the required crop tests have been carried out during the two growing seasons;
(3) crop-free breeding seeds for grass and fodder crops and for the production of oil and fibre plants;
(4) vegetable standard seed;
(5) consignments of seeds which are supplied for repair and packaging;
(6) storage emergency stocks of varieties, except where the market is otherwise unable to supply sufficient certified seed to ensure seed management;
7) the seed of agricultural crops for the purpose of preserving hereditary diversity.
The Ministerial Decree of the Ministry of Agriculture and Forestry lays down more detailed provisions on the marketing of the non-certified seed seed referred to in paragraph 2, as well as the requirements for fitness, quality, production, processing and storage.
The varieties of crops shall be kept on the list of varieties. The variety shall be accepted in the catalogue if it is clearly distinguishable, permanent and sufficiently homogenous and has an adequate cultivation and use value. In the case of a genetically modified variety, the authorisation of the species catalogue shall also be subject to the condition that the variety fulfils the conditions laid down in Article 8 or in accordance with it. (12,12,2009/1280)
The approval of a variety in the catalogue shall be valid until the end of the 10th calendar year following the year of adoption. Approval may be renewed if it is justified by the importance of the cultivation of the variety and the variety continues to fulfil the conditions of separation, stability and consistency. An application for a renewal shall be submitted no later than two years before the expiry of the authorisation period. The period of validity of the approval shall be extended until the renewal of the renewal.
The plant variety board shall withdraw the approval of the variety if:
(1) research shows that the variety is no longer distinctive, permanent or sufficiently homogenous; or
(2) the person or persons responsible for the variety so request, unless the conservation of the variety is guaranteed.
A plant variety board may cancel the approval of a variety if:
(1) the provisions of this law or the provisions adopted pursuant thereto are not complied with; or
(2) false or misleading information concerning the circumstances on the basis of which approval is to be adopted has been given in the application or during the investigation.
The Ministerial Decree of the Ministry of Agriculture and Forestry lays down detailed rules on the criteria for the approval of the species list, the validity and withdrawal of approval, the name of the variety and other relevant information, the maintenance of the variety, The variety of the procedure to be followed and the removal of the list and the publication and maintenance of the list.
The Ministry of Agriculture and Forestry shall, for a period of three years, set up a Community Plant Variety Board, which shall decide on the approval of the variety on the list of varieties and the withdrawal of approval of the variety. The composition of the panel shall take into account the expertise necessary for the approval of plant varieties. The panel shall publish annually a list of varieties which have been approved.
The decree of the Ministry of Agriculture and Forestry provides for more detailed provisions on the composition of the plant variety and the conditions for the approval of varieties.
When marketing the variety, it is necessary to state whether the suitability of the variety has been established in Finland's growing conditions. The decree of the Ministry of Agriculture and Forestry lays down more detailed provisions for notification.
The Ministry of Agriculture and Forestry may prohibit the marketing of seed of a crop in the whole country or territory of a given variety if:
(1) the variety has not been approved for the general catalogue of varieties of crops within the meaning of Article 5, or on the common catalogue of crops of the European Community or of the European Economic Area; or
2) the cultivation of a variety could cause damage to plant health for the cultivation of other species or varieties.
Where the variety is listed in the list of varieties of the other European Economic Area or the general catalogue of varieties of agricultural plant species of the European Community or of the European Economic Area, the prohibition referred to in paragraph 1 shall apply to the The procedure laid down in the Treaty establishing the European Community.
In addition to Article 4, genetically modified sowing seed may only be produced and marketed if necessary studies and other measures to detect adverse effects on human health and the environment, and And genetically modified sowing seed has been approved for genetic engineering (377/1995) In accordance with the procedure laid down in the legislation implementing the European Community provisions for the production and marketing of seeds.
The Ministerial Decree of the Ministry of Agriculture and Forestry lays down more detailed provisions concerning the investigations and measures referred to in paragraph 1 and their adoption. The Ministerial Decree of the Ministry of Agriculture and Forestry may also lay down provisions for the conduct and adoption of investigations and measures referred to in paragraph 1 as far as non-genetic engineering is concerned. Of the European Parliament Prior to the adoption of the provisions referred to in this paragraph, the Ministry of Agriculture and Forestry shall seek the opinion of the Ministry of Social Affairs and Health and the Ministry of the Environment.
The seed seed intended for marketing to the final consumer shall be closed. Packages of certified sowing seed shall be closed under the control or approval of the plant production control centre. The inspection centre may, in individual cases, authorise the delivery of sowing seed in bulk to the final user, as provided for in the European Community provisions on the production and marketing of sowing seed.
The decree of the Ministry of Agriculture and Forestry lays down more detailed rules on the packaging of sowing seed and the size of the batches and the delivery of the unpackaged seed to the final user.
The purchaser of sowing seed shall, on the packaging or in the accompanying documentation, provide the necessary information on sowing seed. Part of the information may be given as prior information, the final content of which must subsequently be communicated to the purchaser.
The decree of the Ministry of Agriculture and Forestry lays down more detailed rules on the labelling of packaging and sowing centres, the information to be provided to the purchaser and their publication and the conditions for the use of prior information.
Packaging seed packaging for marketing purposes is authorised only on the basis of an authorisation. The authorisation may be granted for a maximum period of five years. The granting of authorisation shall be decided by the Plant Production Inspection Centre, which shall, before granting the authorisation, carry out a review at the premises of the applicant to determine whether the conditions for the authorisation of the authorisation exist.
The authorisation shall be granted subject to the availability of adequate facilities and equipment for the applicant, as well as professional staff, to enable the seed lots to be marketed.
The trader shall inform the Inspection Centre of the Plant Production Centre in writing of the initiation, termination and operation of the authorisation.
The Ministerial Decree of the Ministry of Agriculture and Forestry lays down more detailed rules on the authorisation and application of the permit, the conditions of authorisation and the content of the notification and the notification procedure.
The authorisation may be withdrawn if the conditions for granting it no longer exist if the holder of the authorisation intentionally market sowing seed in contravention of the certification requirement laid down in Article 4, or if the holder of the authorisation or the packing activity is otherwise responsible for: Sentenced to the sentence of the seed trade offence provided for in Article 34.
The marketing, import and export of sowing seed shall make a written declaration to the KasvinProduction Inspection Centre on the initiation, closure and operation of its activities.
The decree of the Ministry of Agriculture and Forestry lays down more detailed provisions on the content of the notification and the notification procedure.
The trader referred to in Articles 11 and 12 shall keep a file on his activities, where necessary, without any difficulty, to establish the information necessary for the purposes of supervision.
The decree of the Ministry of Agriculture and Forestry lays down detailed rules on the content and organisation of the file.
The seed and packager of sowing seed, as well as the person who has delivered the seed to Finland, shall reimburse the seed to the user of the damage caused by the fact that the seed seed is not in conformity with the information provided or there is another error. However, there is no obligation to compensate, if the person who is required to pay compensation makes it likely that the seed was not a defect that caused the damage when the seed was delivered to the market.
The supplier's liability is valid for the rest of the market for sowing seed. (355/1987) Provides.
General guidance and supervision of the implementation of this law is part of the Ministry of Agriculture and Forestry.
The implementation of this law and the enforcement of this law and of the provisions and regulations adopted pursuant to it are responsible for the organisation of the Food Safety Agency. The Agency shall be assisted by means of monitoring by means of means of subsistence, transport and environmental centres and rural development authorities in the municipalities. In addition to the Food Safety Agency, the import of sowing seed is controlled by the customs services.
The Plant Production Inspection Centre shall ensure certification of seed certification.
In addition to the provisions of Article 16, the Plant Production Inspection Centre shall exercise in writing the inspectors and the samplers authorised to carry out the inspection and surveillance tasks under the control of the inspection centre. The authorised inspectors and the samplers shall act under the responsibility of the authorities.
Where the authorised inspector or the sampler is a management law (2003) To perform his duties, the Plant Production Inspection Centre may order someone else to perform his duties on a temporary basis. An ad hoc person shall be subject to the provisions of the authorised inspecting and the sampled person. (30.7.2004)
When carrying out an inspection or sampling, the authorised inspector and the sampler shall draw attention to the fact that the trader may give him his or her views in Finnish, Swedish or Sami in his mother tongue. If the trader does not know the language law (2003) The language used, the inspector or the sampler shall ensure that the inspection or sampling is carried out by means of the interpretation and translation necessary in accordance with Article 26 of the Administrative Code. (30.7.2004)
The production, marketing, import and export of sowing seed must be controlled on a fair and regular basis and, in particular, where there is doubt that the seed or seed trade does not comply with this law or under it. Requirements laid down or imposed. The control measures shall be appropriate and appropriate to the different stages of production, handling and marketing of sowing seed.
The decree of the Ministry of Agriculture and Forestry lays down more detailed rules on the general principles of control.
The plant production control centre shall draw up an annual control plan for the organisation of controls. The decree of the Ministry of Agriculture and Forestry lays down more precise provisions on the control plan and its content.
For the purpose of certification, inspection and control, the supervisory authorities and the authorised inspectors and the samplers shall be entitled to inspect sowing and adjacent crops and areas, sowing seed, The production of sowing seed, the places of storage and sale, the means of transport, the trader's accounts and the file referred to in Article 13, and the necessary free samples of sowing seed. In the case of domestic peace, an inspection or sampling may be carried out only where there are reasonable grounds for suspecting someone guilty of the procedure provided for in this Act.
In Finland, inspections of public authorities in another State may be approved.
The decree of the Ministry of Agriculture and Forestry lays down more detailed rules on the carrying out of inspections, the taking of samples and the examination of checks carried out in another State, and on the other control and surveillance procedures.
The supervisory authorities and the authorised inspectors and the samplers shall have the right to obtain the information and documentation necessary for inspection and control within the meaning of this law from the trader.
Articles 21 and 22 provide for the right of scrutiny and information of the Finnish authorities, including the European Community inspectors and the foreign inspectors referred to in an international agreement which is binding on Finland.
For the purposes of control, the Plant Production Inspection Centre shall register a national register of the authorised traders and the reporting obligations referred to in Article 12.
The registers shall contain the following information:
(1) the name and address of the trader authorised or subject to the notification and other contact details;
(2) addresses and contact details of the sites;
(3) the sector;
(4) the number and validity of the packaging permit or the number in which the reporting obligation is entered in the register;
(5) prohibitions, penalties and other measures imposed pursuant to Articles 29 to 31 and 34.
The data shall be deleted from the registers within three years after the trader has notified the plant production control centre of the cessation of his activities.
The collection and storage of personal data in the registers referred to in paragraph 1 and the use and transmission of data deposited in registers shall be subject to any other information in the ic (152/1999) And the law on public authorities' activities (18/09/1999) Provides.
The Decree of the Ministry of Agriculture and Forestry may provide more detailed provisions for the keeping of registers.
The Plant Production Inspection Centre shall publish the results of the controls. The inspection centre may provide information on control and inspection activities to the owners of the variety referred to in Article 1 of the Law on the Rights of the breeder.
The decree of the Ministry of Agriculture and Forestry lays down more precise rules on the publication of the results of controls and the transmission of data.
Without prejudice to the obligation of professional secrecy laid down in the law on public authorities' activities, information obtained under this law shall be obtained from the financial position of the private or the Community, or the movement or The professional secrecy shall be handed over to the prosecutor and police officer by means of (806/2011) in Section 2 of Chapter 8 , and to the authorities referred to in Articles 15 to 17 of this Act for the purpose of carrying out their duties under this Act.
Direct payments under this Act may be charged to the State in accordance with the State payment law (150/1992) Provides.
Inspectors and samplers authorised by the Plant Production Inspection Centre may be subject to checks and sampling fees and reimbursement of costs within the limits of the State budget. The Ministry of Agriculture and Forestry is responsible for the payment of premiums and allowances.
The plant production control centre may prohibit the marketing of a certain batch of seed or prohibit the marketing, import and export of sowing seed from the market for sowing seed if seed is planted, Its packaging or labelling does not satisfy the requirements laid down or laid down in this Act. The prohibition may also be imposed for the duration of the necessary investigation of compliance with the requirements if there are reasonable grounds for suspecting that the seed, packaging or labelling of sowing seed does not meet the requirements. In order to prevent marketing, the plant production control centre can label sowing as appropriate.
The prohibition shall be granted on a temporary basis, provided that it is possible to remove the deficiencies on which it is based. The prohibition shall be withdrawn without delay if the deficiencies have been removed or the inadequacy of the prohibition is no longer relevant.
If there is no delay, in addition to the plant production control centre, the other supervisory authority referred to in Article 16 may prohibit the marketing of seed lots on a temporary basis. The temporary marketing ban must be made available without delay to the plant production control centre. The prohibition shall lapse if the Plant Production Inspection Centre has not adopted a decision on the planting or marketing of sowing seed referred to in paragraph 1 within one week from the date of the prohibition.
Where the marketing of sowing seed is prohibited under Article 7 or 29, the plant production control centre may authorise the use of seed for a purpose other than sowing seed or to be exported or disposed of. The decision may be accompanied by conditions for the procedure to be followed for its implementation.
The plant production control centre may intensify the prohibition referred to in Article 29 (1) or the decision on the use of sowing seed referred to in Article 30, or the order for destruction or export, under penalty payments or at the risk of failure to do so. The measure is carried out at the expense of the defaulter.
In the case of a periodic penalty payment, the threat and the commission of a periodic penalty payment shall be complied with. (1113/1990) Provides.
The decision of the cpvo and the decision of the cpvo on the application for the approval of a variety shall be subject to appeal by the administrative court in accordance with the administrative law (18/06/1996) Provides. The competent administrative court is the one whose jurisdiction is most relevant either on the basis of the location of the territory or on the basis of the place of residence of the trader.
The application for a decision of the Authority's decision may also be forwarded to the Food Safety Agency, which shall immediately send a letter of appeal and the documents collected in the case and the statement of appeal to the Administrative Court.
In the cases referred to in Articles 29 to 31 of the Administrative Court, an appeal may be lodged by appeal to the Supreme Administrative Court. Otherwise, the decision of the Administrative Court may only be appealed against if the Council of State grants a licence.
The decision on the marketing ban referred to in Article 29 (3) shall not be subject to an appeal by appeal.
A decision under this law may stipulate that the decision must be complied with before it has obtained the force of the law, unless the Board of Appeal decides otherwise.
Every deliberate or gross negligence
(1) produce or market seed, contrary to Articles 4 or 8, or any provisions adopted pursuant to them, or in breach of the prohibition laid down in Article 7;
(2) markets sowing seed which does not comply with the requirements laid down in this law and in the provisions adopted pursuant to it or in the provisions adopted pursuant to it, to its packaging or to its labelling;
(3) pack seed without authorisation as referred to in Article 11;
(4) fails to comply with the notification requirement referred to in Article 12 (1); or
(5) fails to keep the file referred to in Article 13 (1);
Shall be condemned, unless the law provides for a heavier penalty in the rest of the law, On the seed trade offence Fine. Any violation of a penalty or an obligation imposed by the penalty imposed by this law may be waived for the same offence.
The plant production control centre shall, on behalf of the authorities referred to in Chapter 4, declare the infringement referred to in paragraph 1 in order to prosecute. The notification may not be made without an offence which, as a whole, must be considered to be negligible. In such a case, the control centre may issue a written notice to the trader responsible for the infringement, in which he is requested to correct the errors found.
In order to safeguard the seed supply of agricultural plant species which are of national importance, it is possible to pay compensation to the plant-processing undertaking from the resources of the fund for the processing of varieties carried out in Finland, and from seed production. The decree of the Council of State lays down provisions on plant species and varieties eligible for compensation and other criteria.
L to 1337/2015 Article 35 shall enter into force on 1 January 2016. The previous wording reads:
Article 35 has been repealed by L 26.10.2001/893 .
The supervisory authorities shall have the right to obtain administrative assistance from other authorities in order to carry out their duties under this Act and the provisions adopted pursuant thereto.
This Act shall enter into force on 1 November 2000.
This law repeals the seed law of 26 February 1993. (233/1993) With subsequent amendments (repealed law) . However, the decisions of the Ministry of Agriculture and Forestry adopted pursuant to the repealed Law remain, in so far as they are not contrary to this Act, until further notice.
Before the entry into force of this Act, measures may be taken to implement the law.
The trader who, before the entry into force of this Act, has packaged seed, within the meaning of Article 13 (1) of the repealed Law, may carry out activities within the meaning of Article 11 (1) of this Law for two years from the date of entry into force of this Act. Without applying for the authorisation referred to in that paragraph.
The trader who, before the entry into force of this Act, has made a declaration referred to in Article 12 of the repealed Law may carry out activities within the meaning of Article 12 (1) of this Act without notification thereof.
THEY 45/2000 , MmVM 7/2000, EV 88/2000, Council Directives: 1) 66 /400/EEC (OJ L 125, 11.7.1966, p. 2290/66, 2) 66 /401/EEC (OJ L 125, 11.7.1966, p. 2298/66, 3) 66 /402/EEC (OJ No 125, 11.7.1966, p. 2309/66, 4) 66 /403/EC (OJ No 125, 11.7.1966, p. 2320/66, 5) 69 /208/EEC No L 169, 10.7.1969, p. 3, 6) 70 /457/EEC (OJ L 225, 12.10.1970, p. 1 7) 70 /458/EEC (OJ L 225, 12.101970, p. 7.8) 98 /95/EC (OJ L 25, 1.2.1999, p. 1, 9) 98 /96/EC (OJ L 25, 1.2.1999, p. 27).This Act shall enter into force on 1 January 2002.
THEY 80/2000 , LaVM 14/2001, EV 94/2001
This Act shall enter into force on 4 August 2004.
THEY 70/2004 , MmVM 6/2004, EV 70/2004
This Act shall enter into force on 1 January 2010.
Before the law enters into force, measures may be taken to implement the law.
THEY 98/2009 , MmVM 11/2009, EV 236/2009
This Act shall enter into force on 1 January 2010.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 161/2009 , HVM 18/2009, EV 205/2009
This Act shall enter into force on 1 January 2014.
THEY 222/2010 , LaVM 44/2010 EV 374/2010
The entry into force of this Act shall be regulated by law.
THEY 121/2013 , MmVM 17/2013, EV 186/2013
This Act shall enter into force on 1 January 2016.
THEY 23/2015 , MmVM 2/2015, EV 17/2015
