Law No. 75 Of 6 July 1995 Regarding The Production, Quality Control, Marketing And The Use Of Seeds And Seedlings, As Well As The Registration Of Varieties Of Agricultural Plant Species

Original Language Title:  LEGE nr. 75 din 6 iulie 1995 privind producerea, controlul calităţii, comercializarea şi folosirea seminţelor şi materialului săditor, precum şi înregistrarea soiurilor de plante agricole

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070667/-lege-nr.-75-din-6-iulie-1995-privind-producerea%252c-controlul-calitii%252c-comercializarea-i-folosirea-seminelor-i-materialului-sditor%252c-precum-i-nregi.html

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Law No. 75 of 6 July 1995 * Republished on the production, quality control, marketing and the use of seeds and seedlings, as well as the registration of varieties of agricultural plant species published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 362 of 17 December 1997 — — — — — — — — — — — — — * Note) Republished pursuant to art. II of law No. 131 of 15 July 1997, published in Official Gazette of Romania, part I, no. 159 of 17 July 1997, posing a new numbered items.

Law No. 75/95 was published in the Official Gazette of Romania, part I, no. 150 of 14 July 1995 and amended by law No. 57 of 16 April 1997, published in Official Gazette of Romania, part I, no. 68 of 17 April 1997.


Chapter 1 General provisions Article 1 the Ministry of agriculture and food and ensure compliance with organizational framework the legal provisions regarding the production, quality control, marketing and the use of seeds and seedlings, as well as the registration of varieties of agricultural plant species.


Article 2 scope of work relating to the art. 1, Ministry of agriculture and food the following duties and responsibilities: the responsibilities of the specialized traders) authorizes, regardless of their form of ownership, to produce, to process and to sell the seed and propagating material of agricultural plants;
  

b) organizes the certification and control of varietal purity, plant health and cultural value of the seed and propagating material, encourages and seeks the production of seeds and seedlings with high biological value, in sufficient quantities for domestic needs and for export;
  

c) seeks and controls the application of the authorized businesses, specific technologies and technical standards laid down together with the Academy of agricultural and forestry Sciences "Gheorghe Ionescu-Sisesti", with research institutes and agricultural resorts, production of seeds and seedlings;
  

d) supports the development of domestic research for the creation of agricultural crops and lays down measures to protect farmers against the risk of the use of seeds and propagating material of varieties is inadequate or non-adapted agricultural conditions in our country;
  

e) publishes annually or periodically, as appropriate, on the basis of studies and proposals of bodies of the Ministry skill list of species and hybrids of plants recommended agricultural use by agricultural producers in Romania;
  

f) economic agents authorized to grant assistance in the production, processing and marketing of seeds and seedlings and also in forecasting the amount of seed species, varieties and categories, by putting at their disposal the relevant information at its disposal;
  

g) monitor the implementation of the provisions of the law, and the provisions arising from international conventions and agreements in the field of production, quality control, marketing and the use of seeds and planting material and registration of varieties of agricultural plant species, to which Romania is a party.
  


Article 3 Definition of terms used in this specialty is noted in the annex which may be amended and supplemented by the Ministry of agriculture and food, according to the specialized knowledge of the rules and the relevant international bodies, to which Romania is a party.


Chapter 2 the production, processing and marketing of seeds and propagating material in article 4 (1) the production, processing and marketing of seed and propagating material shall be conducted by economic entities-legal entities and individuals, authorized for that purpose by the Ministry of agriculture and food by territorial bodies.
  

(2) the authorization shall be granted, upon request, to those natural or legal persons who provide proof that they have a physical basis adequate and appropriate staff training, in order to obtain seeds and planting stock quality and maintaining their varietal purity in accordance with the rules in force.
  


Article 5 operators authorized for production, processing and marketing of seeds and propagating material have the following obligations: a) comply with the requirements of technology and standards in force concerning the production, processing and marketing of seeds and propagating material:
  

(b) to keep track of the production), transactions and stocks of seed and propagating material, to make available to the competent control bodies, upon their request;
  

c) comply with the legal provisions on the protection of varieties;
  

d) to announce, within the time limits laid down by the Ministry of agriculture and food, surfaces for the production of seed and propagating material proposed for certification;
  

e) ensure use of appropriate methods of propagation, and to guarantee quality feedback to beneficiaries, the validity period of the products delivered.
  


Article 6-growers are natural or legal persons, as a result of conventions or agreements in writing with seed producers, are obliged to respect the distances of isolation from surrounding cultures intended for seed lots, in accordance with the technical rules set.


Article 7 obligation of Creators to make available to authorised economic operators which multiply these varieties specific technologies for the production of seeds and seedlings of each species, varieties and hybrids, according to the law.


Article 8 Authorization granted to an operator specialized in producing, processing and marketing of seed and propagating material may be withdrawn by the Ministry of agriculture and food, if it is found to have been violated the obligations incumbent on it under art. 5. Article 9 Production of seed of the categories biological, prebaza seed and seed base lies with individuals and legal entities, specified as mentinator in the State Register of varieties of agricultural plant species, the State register, and in the official list of varieties and hybrids of plant culture of Romania, for the year, called the ' list.


Article 10 the economic agents authorized in the production, processing and marketing of seed and propagating material shall be responsible for the quality and the authenticity thereof and will bear the damage inflicted to the beneficiaries for the delivery of seeds and propagating material is strictly prohibited.


Article 11 businesses producing, processing or marketing the seed and propagating material are required to store them, store, handle and transport, so as to avoid any danger of loss of authenticity, and their identity can be determined easily. Preservation of seed and propagating material shall be done on lots, varieties and categories, in containers or in appropriate packaging.


Article 12 technical regulations concerning the processing, forming, processing of lots, packaging, labeling, transport, storage and preservation of seeds shall be drawn up by the Ministry of agriculture and food, in compliance with the provisions of this law, the international conventions and agreements to which Romania is a party.


Article 13 the marketing of seed and propagating material shall be made only in specific packages, labeled formally attesting authenticity, identity and their quality according to standards in force.


Article 14 economic agents authorized in the production, processing and marketing of seed and propagating material may be made for imports and exports, according to the internal rules and regulations the relevant international bodies, to which Romania is a party.


Article 15 shall be allowed to import seeds and propagating material of varieties entered in the State register and the official list, and the varieties of agricultural plant species and hybrids registered in the European Community in the catalogues or catalogue of a Member State of the European Union. You can also import: a) seed samples and propagating material obtained in trade by the institutes and the resorts of agricultural research and higher education institutions in the field of agriculture, intended for scientific research;
  

b) seeds and propagating material of varieties, which are inserted into the country for the purpose of official tests at the State Institute for testing and registration;
  

c) seeds and propagating material of varieties in unregistered State register and in the official list, coming from countries outside the European Union, which multiply under contract for export, in full, as both seed and as a commercial product in countries outside the European Union.
  


Article 16 the export of seed and propagating material composed of elite, before posting, is prohibited, except for bilateral exchanges for scientific purposes.


Chapter 3 Certification and quality control of seeds and planting stock quality control, article 17 issuance of certificates of quality, supervision, monitoring and accreditation of economic agents suppliers of seeds and propagating material for production, processing, packaging, labelling, storage, storage, transport and marketing are carried out by the State Inspection for quality seed and planting material of the Ministry of agriculture and food, in accordance with the technical rules and international regulations.

The territorial inspectorates for quality seed and planting material and the Central Laboratory for Seed quality control function as units with legal personality, financed from the budget of the Ministry of agriculture and food and the subordinate State Inspection for quality seed and planting material.
The territorial inspectorates for quality seed and planting material shall be responsible for the authenticity and quality of the seed and propagating material, including those imported through acts issued by them.


Article 18 of the State Inspection for quality seed and planting material has the following duties: (a) issuing and withdrawing authorisations) of operation for businesses that produce, process and sells seeds and planting material;
  

(b) submit to the Ministry for approval) agriculture and food draft normative acts concerning the quality of seeds and planting material;
  

c) organizes, coordinates and controls the activity of the territorial inspectorates for quality seed and planting material and to the Central Laboratory for Seed quality control;
  

d) shall draw up rules and rules of inspection, certification and marketing, in accordance with the rules of international organisations in the field of seed and propagating material, to which Romania is a party, shall endorse the annual certification programs and monitor the implementation thereof;
  

e) ensure and control in order to maintain the quality of the seed and seedlings from all categories and postcontrol in biological precontrol through scientific techniques and schemes;
  

f) ensure liaison with international organizations specializing in the field of seed and planting material;
  

g) accredits individuals and legal entities from the private sector for control and quality tests of seed and propagating material.
  

For inspection, certification and authorization, as well as laboratory analyses, the applicant will pay the equivalent value of benefits once the application has been lodged, in accordance with the tariffs of the Ministry of agriculture and food. The amounts resulting from the territorial inspectorates, the quality of the seed and propagating material and the Central Laboratory for Seed quality control will use 70% for capital expenditure, materials and staff.


Article 19 Categories of biological seed and propagating material shall be subject to control and for which it issued documents attest the authenticity and quality of the seed and propagating material, under the present law, are: a) prebaza seed;
  

b) basic seed;
  

c) certified seed.
  

Rules and technical standards for the production, control, certification and marketing may include other categories of seed and propagating material characteristic of different species, in accordance with the rules of the relevant international bodies, to which Romania is a party.


Article 20 shall be allowed for inspection and certification: a) the varieties and hybrids of agricultural plant, brought in the State register and the official list, and parental forms of hybrids registered in the official list;
  

b) varieties of the species listed in the European Community in the catalogues or catalogues of Member States of the European Union;
  

c) seeds and propagating material. 15 (a). c);
  

d) genera and species laid down by the Ministry of agriculture and food, in accordance with the rules of international organisations to which Romania is a party.
  

The Ministry of agriculture and food will constitute reserve seed fund, within the limits of the quantities laid down in the decision of the Government, and necessary expenses will be provided in the budget of the Ministry of agriculture and food.


Article 21 is prohibited the marketing of seeds and seedlings, whose quality has not been controlled and/or certified by the State Inspection for quality seed and propagating material, the service provider accredited for the species set by the Ministry of agriculture and food or the appropriate authority in the exporter's country, for imported ones.
For certain periods fixed by the Ministry and Agriculture and food, small producers can market, local market, some categories of non-certified seed and propagating material, without prejudice to the rules of quarantine phytosanitary and quality autogarantate.


Chapter 4 the registration of varieties of agricultural plant species in article 22 shall be admitted through the Romanian territory the production, marketing and use of seed and propagating material of varieties entered in the State register and published annually in the official list, as well as those referred to in article 1. 20 lit. d) and in article 8. 21. 2. The varieties of the species contained in the catalogues of the European Community or in a Member State's catalogue of varieties shall be registered equates the State register and the official list of varieties of agricultural plant species and hybrids grown in Romania.


Article 23 seeds and propagating material of varieties removed from the lists provided for in articles. 22 may also be certified and marketed over the next 2 years and 3 years, respectively, after the cancellation of the registration, with a view to the liquidation of existing stocks.


Article 24 registration with a variety in the State register and the official list is done by order of the Minister of agriculture and food, after it was established, prior examination conducted by the State Institute for testing and registration of Varieties, that matches distinctibilitate, stability and uniformity in the regulations in force and that possess value and technological agronomica.


Article 25 The entry in the State and in the official list, each variety will be individualized for a name that would make it possible to identify him or her.


Article 26 the inclusion of varieties for examination at the State Institute for testing and registration of Varieties, with a view to its inclusion in the State register and the official list, is made on the basis of a request from the breeder or its representative, empowered in writing, accompanied by descriptive fact sheets of the variety and ensuring the necessary quantities of seed.


Article 27 cancellation of a variety from the official list is done by order of the Minister of agriculture and food, where: (a)) is outdated as technological performance agronomica and other similar varieties and is no longer of interest for its use by businesses;
  

b) turns out to be poorly suited to the requirements of distinctibilitate, stability and uniformity in the sense in which these qualities were taken into consideration in its inclusion in the State register and the official list;
  

c) appeared items that would have prevented his inclusion in the State register and the official list, unknown at the time when it was made;
  

d) at the request mentinatorului, and where mentinatorul is not fulfilling the obligations incumbent on it to submit at any time necessary to ensure seed reproduction of the variety with the characteristics of the original credentials upon registration, and to submit to the inspection carried out in order to check how it performs conservative selection;
  

e) no longer existed a responsible for the maintenance of the variety in conservative selection;
  

f) proves that the same variety can be found in the State register and in official list under another name;
  

(g) the registration certificate holder) of the variety does not pay the prescribed charges for checking the authenticity of the variety during the cat shall be entered in the official list;
  

h) after 10 years from the entry in the State register shall no longer require or are no longer approve transition;
  

I) at the request of the author.
  


Article 28 shall be established by the State Institute for testing and registration of Varieties, by reorganizing the State Commission for testing and Approval of varieties, keeping the level of organisational structure and remuneration of staff. State Institute for testing and registration of Varieties function as an organ of the Ministry of agriculture and food and has the following tasks: to elaborate the methodology of presentation) and the examination of new varieties with a view to its inclusion in the State register and the official list, taking into account domestic and international regulations in that regard;
  

b) examines the varieties for which you request the inclusion in the State register and the official list;
  

c) prevents the disposal of biological material located in the review and ensure the secrecy of the information obtained;
  

d) preserve seeds from varieties representative entered in the State register;
  

e) carrying out the verification of varietal purity of varieties, ripped ordered by the supervisory authority and certification;
  

f) shall be deposited with the State registry, edit and publish the official list.
  

Rules of organization and functioning of the State Institute for testing and registration of Varieties is approved by order of the Minister of agriculture and food.


Article 29 of the Ministry of agriculture and Food Council is organised for varieties and seeds of agricultural crops. The component and its powers shall be laid down by order of the Minister of agriculture and food.


Article 30 for works for examining the varieties, the applicant will be charged once with the approval of your registration for examination, the amounts provided in the tariffs set by the Ministry of agriculture and food. From proceeds, State Institute for testing and registration of Varieties will use 70% for capital expenditure and material.



Article 31 varieties which meet the conditions laid down in article 21. 24 and 25 are considered to be registered and shall be entered in the State register and the official list, and the breeder shall be issued by the State Institute for testing and registration of varieties, a certificate of registration of the variety, the validity of which is 20 years from the date of issue, for crops, and 25 years for trees and vines. The breeder can register and parental forms used to obtain commercial hybrids.


Article 32 varieties of agricultural plant Protection is ensured by the law nr. 64/1991 on patents for invention.
Invention patent entitling the holder the exclusive right to reproduce, duplicate, sell, and lease the variety, entire plants or plant parts, elements of sexual reproduction or vegetative multiplication.
The right to produce and sell seed breeder, seed of prebaza and basic seed belongs exclusively to the patent holder of the variety concerned.
The right to produce and market the contract may be any natural or legal person, authorized under article. 4, which undertakes to pay to the holder of a patent royalty established by mutual agreement, the amount of seed or propagating material. Failure to comply with this commitment attracts withdrawal for the production and marketing of seeds and pay appropriate damages resulting from this. These rights may be transferred, in accordance with the law, through the sale of licenses or through assignment, making him automatically dobanditorul mentinator.


Article 33 varieties registered prior to the entry into force of law No. 64/1991 on patents of invention, a certificate of registration of the variety gives the holder the exclusive right to produce and sell seed breeder, seed of prebaza and basic seed and to receive royalty for certified seed produced and sold.


Article 34 the patrimonial rights due to individuals, authors of varieties, shall be fixed on a contract basis, of the proceeds of the breeder.


Article 35 State Institute for testing and registration of Varieties is designated as an institution by the deposit of biologically reproducible material of varieties of agricultural plant species.


Article 36 State Institute for testing and registration of Varieties shall be empowered to carry out all the experiments and tests for the control of biological material for patent granted.


Article 37 After obtaining the certificate of registration of the variety, its holder has the obligation to make available to the State Institute for testing and registration of Varieties a sample blank of plants or seeds, which will preserve and which will form the standard sample for verification of the authenticity and purity of this varietal.


Article 38 the holder of the registration certificate shall be paid tests for verification of authenticity for the duration in which the variety is entered in the official list.


Chapter 5 Penalties Article 39 State Inspection for quality seed and planting material may order the forfeiture of any batch of seed or propagating material, moving without paperwork or phytosanitary status, pending clarification of the situation, but no longer than 30 days.
Where the quantity of seed or propagating material is inadequate in terms of quality or plant health, ordering its use for other purposes or destruction at the expense of the holder.


Article 40 constitutes the offence to the rules relating to the manufacture, processing, preservation, storage, conditioning, transportation, recovery and quality control of seeds and propagating material of the following facts, if they were not committed in such circumstances that, according to the criminal law, be considered offences: a) the marketing of seed and propagating material certified or in batches from unauthorized manufacturers;
  

b) production, processing and marketing of seeds and propagating material without authorization issued by the Ministry of agriculture and food, with the exception of those referred to in article 1. 21. 2;
  

c) in introduction of agricultural plant seeds or seedlings, authorized by the Ministry of agriculture and food;
  

d) commercialization of agricultural plant seeds or propagating material imported, authorized by the Ministry of agriculture and food;
  

e) failure of culture technology for the production of seeds and seedlings, which reduce biological purity below the norms in force;
  

(f) failure to provide adequate measures to maintain) the quality and authenticity of the collection, processing or conditioning of seeds and planting material;
  

g) storage and transport of the seed and propagating material without documents certifying their quality and origin, as well as insuring the protection measures of quality and authenticity;
  

h) lack of production, and stocks of seeds and propagating materials;
  

I) refusal to submit documents relating to the quality of seed and propagating material, as well as the evidence referred to in h), at the request of control bodies authorized by the Ministry of agriculture and food;
  

j) inclusion of erroneous data in the documents attesting the quality of seeds and planting material;
  

k) marketing of seed or propagating material without documents certifying quality and phytosanitary condition suitable for sowing or planting;
  

l) marketing of seed and propagating material, which does not correspond to the norms in force.
  


Article 41 Offences referred to in articles. 40 of this law shall be sanctioned with fines meted out to individuals or legal entities, where appropriate, as follows: a) the white and rosé wines. e), f), h) and (i)), with 300,000 lei fine to 900,000 Ron;
  

b) the white and rosé wines. g) j) and l), with fine to 900,000 Ron 1,500,000 lei;
  

c) the white and rosé wines. a), b) and k), with fine from 3,000,000 lei lei to 1,500,000;
  

d) the white and rosé wines. c) and (d)), with fine from 3,000,000 lei la 5,000,000 lei.
  

The amount of the fines will be updated by a decree of the Government, depending on the inflation rate.


Article 42 Ascertainment of contraventions and penalties provided for in article 10. 41 are made through the report drawn up by the State Inspection for quality seed and planting material. Minister of agriculture and food can empower you and others to find and apply penalties offences.
The provisions of law No. 32/68 on the establishment and sanctioning offences apply in so far as this law provides otherwise.


Chapter 6 final provisions Article 43 provisions of this law shall also apply to the varieties which are entered in the State register and the official list on the date of entry into force of this law. The Ministry of agriculture and food will take action as, for all the varieties entered in the State register and the official list by the date of entry into force of this law, to issue certificates of approval of varieties concerned and to lay down right mentinator institutes, agricultural research stations, institutions of higher education of agricultural and other soil improvers profile at their proposal.


Article 44 companies with agricultural profile, agricultural societies, agricultural associations having no legal personality, the individual agricultural producers as well as other legal owners and owners of agricultural land receive discounts on purchase prices of seeds derived from economic operators authorised by up to 50%, if you renew on an annual basis for crop seed set by the Government.
The level of reductions in prices for each culture and biological category shall be fixed annually before 1 September for autumn crops and potatoes, namely 31 January for spring crops, by decision of the Government.


Article 45 on the date of entry into force of this law are repealed:-Law No. 13/1971 relating to the production, use and quality control of seeds and propagating material for agricultural production materials, published in Official Gazette No. 132 of 21 October 1971;
-H.C.M. nr. 780/1972 on contracting, compliance, harnessing, and quality control of seeds and seedlings in the constituent country of Romania, published in Official Gazette No. 77 of 17 July 1972;
-any other provisions contrary to this law.


Article 46 this law shall enter into force 30 days after its publication in the Official Gazette of Romania).
— — — — — — — — — — — — * Note) and see the dates of entry into force of the normative acts modifying.


Annex 1 DEFINITION of terms used in the specialty regulations 1. Seed shall mean any reproductive material (seeds, fruits, seedlings, produced by any method of propagation) intended for multiplication or reproduction of an agricultural plant species.
2. Variety of plants means created or identified, that: a) differentiates itself from the already known by at least one important character, sharp and slightly fluctuating, which can be clearly defined and described, or through several characters whose combination is likely to give new quality (distinctibilitate);
  


b) homogeneous character as a whole is to be taken into account by the regulations in force concerning uniformity of varieties, with the exception of a very small number of irregular forms, taking into account the peculiarities of reproduction (homogeneity);
  

c) is stable in its essential characters, i.e. as a result of the reproduction or multiplication, or at the end of each breeding cycle, defined by the breeder, the essential characters remain as they were originally described (stability);
  

d) commercial hybrids, the novelty is the parents ' characters and constituanti formula that associates the parental forms.
  

3. legal person means Breeder or physics that created or identified through a variety of scientific methods. Breeders may be research institutes and agricultural resorts, institutions of higher education and other high-profile agricultural institutes, private manufacturers, specialized for this purpose, foreign firms or agents therefor, association between research institutes, private producers and foreign firms, etc. 4. Mentinator means a legal entity or physical state indicated in the register as the person responsible for maintenance of a variety with the characteristics under consideration at the time of registration in State Register. Mentinatorul may be the breeder of the variety or the authorized person to which the breeder i transferred this right through a legal transaction.
5. The holder shall mean the person with physical or legal ownership interest in an approved variety intended for reproduction, commercialization, etc. 6. Trading shall mean offering for sale, displaying for sale, sale, possession for sale, and any transaction whereby the right of property of seed is transferred from person to person or via seed or propagating material are transferred from one person to another by means of a contract according to which they will be used to produce seeds or to get any harvest for another use.
7. biological Categories of seed production are defined as follows: (a) seed breeder seed) means:-produced by or under the responsibility of the breeder or mentinatorului, using conservative selection or other specific scientific methods;
-which is intended for the production of prebaza;
-satisfying the requirements of the regulations in force regarding the purity of varietala for prebaza;

b) seed prebaza seed by means of all the biological links between seed and seed breeder, which:-has been produced by or under the responsibility of mentinatorului;
has been produced from seed breeder or seed of prebaza;
-for the production of seed of prebaza or base;
-meet the requirements of the regulations in force regarding the purity of varietala, germinatia, etc., which are specified for prebaza.
In current terminology, the seed of prebaza may be the biological equivalent of the basic categories superelita and superelita inbred lines (field maintenance) potato-clones A, B, C, D and E;

c) basic seed: seed means produced by or under the responsibility of mentinatorului;
-which has been produced from the seed of prebaza;
-which is intended for the production of certified seed;
-satisfying the requirements of the regulations in force regarding the purity of varietala, germinatia, etc., which are specified for the base.
In current terminology, basic seed category corresponds to the biological elite, inbred lines androsterile and restorative fertility or simple hybrids, parental forms used for batches of hybridization for the production of seed (F1);

d) certified seed shall mean:-in the case of commercial hybrids, seed produced in batches of seed hybridization and which is intended for the production of harvest for human consumption, animal or industrial;
-in the case of varieties, seed produced directly from basic seed or reinmultiri for consumption and that meets the requirements of the regulations in force regarding the purity of varietala, germinatia, etc., which are specified for certified seed.
In the case of self-fertilized species is permitted and the production of certified seed in second generation.
In current terminology, seed certified biological categories correspond to:-multiplication (I1);
-multiplying II (I2);
-commercial hybrids (F1) HSC; HT; HD; Top Cross hybrids, hybrids between varieties;
-synthetic variety;
-soi multilineal;
-marketing material-selected and genuine;
-Mulberry plants, hops and Arboretum-authentic.
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