The Seed

Original Language Title: О семеноводстве

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102050543

RUSSIAN FEDERATION FEDERAL seed Act passed by the State Duma November 12, 1997 year approved by the Federation Council of the year December 3, 1997 (as amended by the federal laws from 01/10/2003 N 15-FL;
from 09.05.2005 N 45-FZ; from 16.10.2006 N 160-FZ;
from 08.11.2007 N 258-FZ; from 30.12.2008 N 309-FZ;
from 18/07 N 242-FZ; from 19/07/2011 N 248-FZ;
from 02.07.2013 N 185-FZ; from 12.03.2014 N 27-FZ;
from 23.06.2014 N 160-FZ; from 13.07.2015 N 233-FZ) this federal law establishes a legal framework for the production, harvesting, processing, storing, sale, transport and use of seeds of agricultural and forestry plants, as well as organizing and conducting the monitoring and control of seed varietal.
Chapter i. General provisions article 1. Basic concepts in the present Federal law uses the following concepts: seed-production, harvesting, processing, storing, sale, transport and use of seeds of agricultural and forestry plants, as well as varietal control and seed control;
seeds-plant parts (fruits, bulbs, tubers, seedlings, seeds, fruit, itself part of the complex fruit and others), used to reproduce a varieties of agricultural plants or for the reproduction of forest plant species;
varietal qualities of seeds-totality of symptoms characterizing the seed belonging to a specific class of agricultural plants;
sowing of seeds ' quality-the totality of symptoms characterizing the suitability of seed for sowing (landing);
batch of seeds-a certain amount of homogeneous origin and quality seeds;
varietal control-definition activities and establish conditioning varietal purity of agricultural plants and seeds to a specific class through the approbations of crops, soil monitoring and laboratory control of long;
seed control events by definition sowing qualities of seeds, control over compliance with the requirements of normative documents in the area of seed production, to be approved in the manner prescribed by the Government of the Russian Federation; (As amended by the Federal Act of 19/07/2011 N 248-FZ) approbation of crops-crop varietal survey in order to determine their varietal purity or varietal uniformity of plant debris, Primal crops, disease and pest damage lesion of plants;
dirt controls-establishment of affiliation of agricultural plants and seeds to a certain class and determination of varietal purity of plants by sowing seeds on special sites and follow-up audit of agricultural plants;
Laboratory of varietal control-setting seed conditioning to a specific class and determination of varietal purity of seeds by means of laboratory analysis;
registration of crops-crop varietal selection without inspection is to test with further registration in the prescribed manner the results of the inspection;
the protected variety seed-seeds varieties registered in the State Register of protected plant varieties;
varietal purity-the ratio of the number of stems of the main varieties of agricultural plants among all developed stalks crops this culture;
varietal typicality varietal purity indicator perekrestnoopyljajushhihsja plants;
agricultural crops-cereal, legumes, oilseeds, forage, jefirnomaslichnye, technical, medicinal, vegetable, flower, fruit, berry plants, potatoes, sugar beets, grapes, used in agricultural production;
forest plants of forest tree and shrub plants used in forestry.
Article 2. The legislation of the Russian Federation in the field of seed legislation of the Russian Federation in the area of seed production consists of this federal law and adopted in accordance with the federal laws and other regulatory legal acts of the Russian Federation, as well as the laws and other normative legal acts of the constituent entities of the Russian Federation.
Federal bodies of executive power performing seed management may issue acts which regulate the relations arising in the area of seed production, in the cases and within the limits prescribed by this federal law, other laws, other regulatory legal acts of the Russian Federation.
Article 3. The legislation of the Russian Federation in the field of seed production and international treaties of the Russian Federation if an international treaty of the Russian Federation stipulates other rules than those provided for by the legislation of the Russian Federation in the field of seed production, rules of the international treaty shall apply.
Article 4. Relations regulated by the legislation of the Russian Federation in the field of seed production

The legislation of the Russian Federation in the field of seed governs relations arising in connection with the implementation of the production, harvesting, processing, storing, sale, transport and use of agricultural seed varieties which are included in the State Register of plant varieties approved for use, as well as in connection with the Organization and conduct of the monitoring and control of seed varietal.
Relations arising in connection with implementation of the harvesting, processing, storing, sale, transport and use of forest plant seeds, as well as in connection with the Organization and conduct of seed control in forestry shall be governed by the laws of the Russian Federation in the area of seed production, unless otherwise stated in the forest laws of the Russian Federation.
Property and administrative relations that arise in the area of seed production, shall be governed by the laws of the Russian Federation in the field of seed production in accordance with civil and administrative legislation of the Russian Federation.
CHAPTER II. SEED CATEGORY Article 5. Categories of seed crops depending on the varieties of agricultural plants reproduction phase defines the following categories of seed crops: original;
elite (elite seeds);
reproduction (seeds first and subsequent reproductions, as well as hybrid seeds first generation).
Techniques of seed production of the relevant categories of sets specially authorized federal body of agriculture management.
Article 6. Original seeds Original seeds are seeds of crops produced varieties of agricultural plants originated or his representative.
Varieties of agricultural plants originated is the physical or legal person that created, catapulting revealed grade agricultural plants and (or) ensures its preservation and entered in the State Register of plant varieties approved for use.
Regulations on registration of agricultural plant varieties of originator submits the specially authorized federal body of agriculture management.
Article 7. Elite seeds (the seeds of elite) Elite seeded (elite seeds) are seeds of agricultural plants derived from original seeds and correspond to the requirements of normative documents in the area of seed production, to be approved in the manner prescribed by the Government of the Russian Federation. (As amended by the Federal Act of 19/07/2011 N 248-FZ) number of generations of elite seeds (the seeds of elite) defines the originator varieties of agricultural plants.
Elite seeds (the seeds of elite) are used for the production of seed reproduction.
Article 8. Reproduction Reproduction seeds seeds are seeds of crops later after elite seeds (the seeds of elite) generations.
The number of generations of seed of reproduction determine the territorial bodies specially authorized federal body of agricultural management or relevant bodies of executive authorities of the constituent entities of the Russian Federation.
Hybrid seeds are first generation reproduction by seeds.
Article 9. Categories of forest plant seeds depending on the hereditary properties defines the following categories of forest plant seeds-normal, superior and varietal.
Classification of forest plant seeds to specified categories determines the specially authorized federal agency of forest management.
CHAPTER III. SEED ORGANISATION Article 10. Seed-growing system of agricultural plants seed production system is a set of functionally interconnected individuals and legal entities carrying out activities in the production of original, elite (elite seed) and reproduction of seeds.
Functioning system of seed production of agricultural plants is determined by the authorized federal body specifically agriculture.
Forest plant seed production system is a set of functionally interconnected individuals and legal entities carrying out activities in the production of normal, superior and varietal seed.
Functioning system of forest plant seed is determined by specially authorized federal agency of forest management.
Article 11. Scheme of seed production crops Scheme agricultural seed plants includes a set of measures on reproduction of varieties of plants using scientific methods. Seed scheme of agricultural plants is determined by the authorized federal body specifically agriculture.
Article 12. Federal bodies of executive power performing the State management in the area of seed production

The State management in the area of seed production by the Government of the Russian Federation directly or through specially authorized federal executive bodies.
Federal bodies of executive power performing the State management in the area of seed production, include the specially authorized federal body of agricultural management, specially authorized federal agency of forest management and their territorial bodies.
Specially authorized federal body of agriculture management operates in the field of seed crops, the specially authorized federal agency of forest management in seed forest plants.
Authority of federal bodies of executive power performing the State management in the area of seed production, determined by the Government of the Russian Federation. Article 12-1. Transfer of the exercise of authority of federal bodies of executive power in the area of seed production organs of executive power of the constituent entities of the Russian Federation Federal Executive power bodies in the area of seed production may be transmitted for the implementation of the executive bodies of subjects of the Russian Federation in decisions of the Government of the Russian Federation in the manner prescribed by the Federal law of October 6, 1999 N 184-FZ "on general principles of organization of legislative (representative) and executive bodies of State power of the constituent entities of the Russian Federation". (Article supplemented by federal law from 13.07.2015 N 233-FZ) Article 13. The executive bodies of the subjects of the Russian Federation exercising State control in the field of public administration in the area of seed production seed production in the territories of subjects of the Russian Federation shall exercise the Executive power of the constituent entities of the Russian Federation directly or, if this is provided for in the relevant agreements, through the territorial bodies specially authorized federal body of agriculture and territorial bodies specially authorized federal body of forest management.
Article 14. Seed financing seed financing is financed from the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets and extra-budgetary resources in the manner prescribed by the legislation of the Russian Federation, as well as through funds of individuals and legal entities carrying out activities in the area of seed production.
Article 15. State support for State support for seed production seed production is carried out by: allocation of public investment;
State regulation of prices;
tax benefits;
compensation cost of producing original and elite (elite seeds) seeds;
providing loans on preferential terms;
other economic incentives.
Article 16. Scientific support scientific support seed seed carry out scientific and educational organization of higher education, who conduct research in the area of seed production. (As amended by the Federal law of 02.07.2013 N 185-FZ), chap. IV. SEED PRODUCTION Article 17. Requirements for the production of seed for seed production, varietal seed should be used and seeding quality which meet the requirements of normative documents in the area of seed production, to be approved in the manner prescribed by the Government of the Russian Federation. (As amended by the Federal Act of 19/07/2011 N 248-FZ) it is forbidden to use for seeding (planting) seeds for their production, clogged plant quarantine infected seed quarantine plant diseases and plant pests.
Article 18. Certain categories of seed production features Original seeds are produced in accordance with article 6 of this federal law. (Repealed-the Federal law dated 08.11.2007 № 258-FZ) seeds Reproduction may only be produced or traded by any interested natural or legal persons (as amended by the Federal law dated 01/10/2003 N 15-FZ). (Repealed-the Federal law dated 08.11.2007 № 258-FZ) of certain categories of forest Plant Seeds produced in the manner prescribed by the specially authorized federal agency of forest management.
Article 19. Seed producers Producers of seeds are natural and legal persons involved in seed production in accordance with this federal law.
In the constituent documents of legal persons engaged in seed production, determined by the object and the purpose of their activities.
Characteristics of seed producers are determined by the legislation of the Russian Federation in the field of seed production.
Article 20. Special areas for seed production of agricultural plants

In order to create the most favourable conditions for technological phytosanitary and seed production of agricultural plants with high quality varietal, the executive authorities of the constituent entities of the Russian Federation on the nomination of the designated federal agricultural management body shall be determined in the manner prescribed by the Government of the Russian Federation, the special zones for the production of seed crops. In these areas is installed a special mode of seed production of agricultural plants.
Chapter v. harvesting, processing, storage and USE of SEEDS Article 21. Harvesting, processing, storage and use of seeds Order blanks, processing, storage and use of seed crops and forest plant seeds is determined by the authorized federal body specifically respectively agriculture and specially authorized federal agency of forest management.
The use of the seeds, which are the subject of exclusive rights (intellectual property) is allowed in the order stipulated by civil legislation.
Do not use for seeding (planting) seeds, plants and seeding quality of which do not meet the requirements of normative documents in the area of seed production, to be approved in the manner prescribed by the Government of the Russian Federation. (As amended by the Federal Act of 19/07/2011 N 248-FZ), Article 22. Federal funds are federal funds seed seeds represent the seed stocks of agricultural plants and (or) forest plants and are intended for regions of the Russian Federation, in which seed production is not carried out or has limited capacity of their production, as well as to provide assistance to legal and physical persons engaged in agricultural production or carrying out forest management, natural disasters or other emergencies.
Federal funds for seeds is carried out harvesting batches of seeds, which are accompanied by documents certifying their varietal and crop quality. The form, content and procedure for execution of these documents shall be established by federal authorities, implementing management of seed production. (As amended by the Federal Act of 19/07/2011 N 248-FZ) Federal funds seeds are formed at the expense of the federal budget and other sources not prohibited by the law.
Federal funds seed are federal property.
Federal funds seed crops and federal funds forest plant seeds are formed respectively by specially authorized federal body of agricultural management and specially authorized federal agency of forest management.
The procedure for the formation and use of federal funds for seeds is determined by the Government of the Russian Federation.
Article 23. Insurance funds of hedge funds seed seed seed stocks represent crops and/or forestry plants and are formed in case of crop failure.
The order of formation and use of insurance funds seed crops determine the executive authorities of the constituent entities of the Russian Federation.
The order of formation and use of insurance funds forest plant seeds determines the specially authorized federal agency of forest management.
Article 24. Movable Moveable seed funds seed funds represent stocks of seeds of winter crops. These funds are created by individuals and legal entities in the regions of the Russian Federation, territories which cleaning winter crops is carried out after the optimal terms of their seeding or between cleaning and winter sowing of crops, there is a short period.
Rolling funds seeds used in the year following the year during which the seed billets.
The order of formation and use of moving seed funds define the executive bodies of the subjects of the Russian Federation.
CHAPTER VI. PROCEDURE FOR DETERMINING the varietal and SOWING QUALITIES of SEEDS Article 25. General requirements for the determination of varietal and sowing qualities of seeds Seeds intended for sowing (crop), are subject to verification at varietal and crop quality.
To determine the varietal and sowing qualities of seeds applied uniform methods, terminology and normative documents in the area of seed production, as well as uniform specimens.
Seeding quality of seeds were determined on the basis of the requirements of normative documents in the area of seed production, to be approved in the manner prescribed by the Government of the Russian Federation. (As amended by the Federal Act of 19/07/2011 N 248-FZ) Article 26. Determination of varietal qualities of seeds of agricultural plants Definition of varietal qualities of seeds crops is conducted by approbations of crops, soil monitoring and laboratory control long.
Mandatory testing are subject to agricultural crops plants whose seeds are intended for implementation.

Approbation of crops agricultural plants is carried out on request of seed producers seed inspection with the assistance, if necessary, originatorov varieties of agricultural plants, as well as organizations and individuals, as defined in article 16 hereof.
Gruntovomu control shall be original, elite (elite seeds) and reproduction of seeds coming into circulation in accordance with the list of agricultural plants, specially approved by the authorized federal body of agriculture management.
Laboratory quality control subject to elite (elite seeds) and reproduction of seeds coming into circulation in accordance with the list of agricultural plants, specially approved by the authorized federal body of agriculture management.
Crops of agricultural plants, whose seeds are seed for their own use, subject to registration.
Order approbations crops crops, soil monitoring and laboratory control rolled, as well as the registration of crops agricultural plants is determined by the authorized federal body specifically agriculture.
Article 27. Definition of sowing seed sowing Definition qualities qualities of seeds is done through sampling of seeds and seed samples.
Seed sampling shall be carried out by seed inspection and lesosemennymi stations of the batches of seeds intended for implementation.
Analysis of samples of seeds is done seed inspection and lesosemennymi stations, as well as legal persons, individual entrepreneurs, accredited in accordance with the legislation of the Russian Federation of accreditation by the national accreditation system. (As amended by the Federal law of 23.06.2014 N 160-FZ) sampling of seeds from seed intended for export from the Russian Federation, and analysis of samples of seeds are carried out in accordance with international law.
Article 28. Confirmation of conformity attestation of conformity of seed batches of seeds is carried out in accordance with the provisions of article 21 of the Federal law of December 27, 2002 N 184-ФЗ "about technical regulation". (As amended by the Federal Act of 19/07/2011 N 248-FZ), Article 29. (Repealed-Federal Act of 19/07/2011 N 248-FZ), chap. VII. The TURNOVER of the PARTIES Article 30 SEEDS. Alienability of batches of seeds Permitted implementation of agricultural seed varieties which are included in the State Register of plant varieties approved for use.
After the exclusion of varieties of plants from the State Register of plant varieties approved for use, batches of seeds of crops varieties can be used over the next two years. These seeds belong to the category of reproduction.
Turnover of batches of seeds of forest plants used for reproduction of forests and afforestation, it is permitted on the basis of documents certifying their seeding quality, as well as compliance with the requirements established by the specially authorized federal agency of forest management in the manner prescribed by the Government of the Russian Federation.
(Article in the Editorial Office of the Federal law dated 19/07/2011 N 248-FZ) Article 31. Realization and implementation of seed handling and transportation of batches of seeds are carried out in accordance with the legislation of the Russian Federation in the field of seed production.
Batches of seeds in their realization and transportation could be in zatarennom or in unpacked State (in bulk).
When implemented and transporting consignments of seeds in the zatarennom State of their packaging and packaging must have labels prescribed forms.
When implemented and transporting consignments of seeds in the unpacked State (in bulk) requires data on batches of seeds accompanying documents containing information about the designation of varieties of each batch of seed origin and quality seeds.
Batches of seeds treated with chemical or biological agents must be in zatarennom State. Packaging and packing of these batches of seeds should have appropriate labels and accompanying documents, governing the treatment of such seeds and contain information about the possible adverse effects on human health and the environment Wednesday. (As amended by federal law N 309-FZ) when implementing and transporting batches of seeds it is prohibited to indicate their packagings and packagings, labels and accompanying documents of untrue information about names of plant varieties, origin and quality of seeds. (As amended by federal law from 16.10.2006 N 160-FZ) implementation and transporting consignments of seeds of crops and forest plant seed with the specially authorized federal body of agricultural management and specially authorized federal agency of forest management.
Article 32. (Deleted-the Federal law dated 01/10/2003 N 15-FZ)

Article 33. Import and export to the Russian Federation from the Russian Federation seed import into the Russian Federation batches of seeds allowed if on batches of seeds are furnished documents proving their varietal and crop quality, and if these batches of seeds are in conformity with the requirements established by the legislation of the Russian Federation and norms of international law.
Banned from import into the Russian Federation batches of seeds in unpacked State (in bulk), processed by chemical or biological agents as well as seed crops, varieties of which are not included in the State Register of plant varieties approved for use, except for batches of seeds intended for scientific research, State testing, seed production for export from the Russian Federation.
Imported into the Russian Federation are subject to batches of seeds seed control and phytosanitary control.
Prohibited import and export to the Russian Federation from the Russian Federation State protected seed varieties of plants in the case of non-compliance with the civil law.
Control over the import and export of the Russian Federation from the Russian Federation carry out batches of seeds specially authorized federal body of agriculture and other federal executive authorities in accordance with the legislation of the Russian Federation.
The order of entry into the Russian Federation and the procedure for removal from the Russian Federation seed shall be established by the legislation of the Russian Federation.
Article 34. (Repealed-Federal Act of 19/07/2011 N 248-FZ), chap. VIII. VARIETAL AND SEED CONTROL.
STATE SUPERVISION in the area of SEED PRODUCTION (as amended by the Federal law of 18 N 242-FZ) Article 35. General requirements for monitoring and control of seed varietal Varietal control and seed control aimed at ensuring compliance with the legislation of the Russian Federation in the area of seed production, issued in accordance with these acts specifically authorized federal body of agricultural management and specially authorized federal body of forest management, as well as the requirements of normative documents in the area of seed production, to be approved in the manner prescribed by the Government of the Russian Federation. (As amended by the Federal Act of 19/07/2011 N 248-FZ) of varietal seed control and monitoring are carried out respectively in relation to crops and seeds belonging to individuals and entities that carry out activities in the area of seed production.
Article 36. Organizations profiled monitor and control of seed Varietal seed control and monitoring of crops and seed crops hold seed, seed inspection control over forest plant seeds-lesosemennye station in the manner prescribed by the Government of the Russian Federation.
Article 37. (Repealed-federal law 18/N 242-FZ) Article 37-1. State supervision in the area of seed production State supervision in the area of seed production is carried out by the authorized federal executive authorities and executive authorities of the constituent entities of the Russian Federation in implementing them in accordance with the legislation of the Russian Federation Federal State forest (forest conservation) and State supervision in the field of agriculture, in accordance with their competence, in the manner prescribed by the Government of the Russian Federation. (As amended by the Federal law of 12.03.2014 N 27-FZ) to relations related to the exercise of State supervision in the area of seed production, organization and conduct of the checks involved for the production, harvesting, processing, storing, sale, transport and use of agricultural and forestry plants seeds of legal entities and individual entrepreneurs, the provisions of the Federal law dated December 26, 2008 year N 294-FZ "on protection of rights of legal persons and individual entrepreneurs at carrying out of State control (supervision) and municipal control."
(Article supplemented by federal law from 18 N 242-FZ), chap. IX. DISPUTE RESOLUTION and RESPONSIBILITY in CARRYING OUT ACTIVITIES in the area of SEED PRODUCTION Article 38. Dispute resolution in carrying out activities in the area of seed production disputes arising from the implementation of activities in the area of seed production, shall be resolved in accordance with the legislation of the Russian Federation.
Article 39. Responsibility for violation of legislation of the Russian Federation in the field of seed-growing violation of legislation of the Russian Federation in the area of seed production entails administrative or other liability in accordance with the legislation of the Russian Federation.
Chapter x. FINAL PROVISIONS Article 40. The entry into force of this federal law this federal law shall enter into force on the day of its official publication.
Article 33 shall take effect upon the expiry of thirty days from the day of official publication of this federal law.

Article 41. Bringing of normative legal acts in accordance with this federal law, the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
Russian President Boris Yeltsin in Moscow, the Kremlin December 17, 1997 N 149-FZ