(1) This Act may be called the Seed (Amendment) Act, 2015. 3.1Â No person shall sell, import or export in contravention of the regulations any seed that presents a risk of harm to human, animal or plant health or the environment. Marginal note:Recall order â Canadian Food Inspection Agency Act. Appointment of seed inspector who is deemed to be a public servant within the meaning or section 21 of the Indian Penal Code (45 of 1860), Empowerment of seed inspector to draw samples from any seller or a purchaser and verify the quality by sending samples to a seed analyst in the seed testing laboratory, Laying-out of procedure for seed sample collection and other rules. 3.2Â No person shall sell seed that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act. Empowerment to the agency for revocation of certificate if the agency is convinced that holder has obtained certificate by misrepresentation or not complied with the conditions, Provision for an appeal by the holder on payment basis to express before an appellate in India authority, his limitations for not complying with the conditions. prescribedâmeans prescribed by regulation; seedâmeans any plant part of any species belonging to the plant kingdom, represented, sold or used to grow a plant;â(semences), sellâincludes agree to sell, or offer, keep, expose, transmit, send, convey or deliver for sale, or agree to exchange or to dispose of to any person in any manner for a consideration.â(vente), Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act; (Commission), violationâmeans any contravention of this Act or the regulations that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act.â(violation). Penalty or punishment or both for those who do not comply with the provisions of the act and also prevent seed inspectors from executing his power, Forfeiture of property (seeds) belonging to any person convicted under this act due to contravention of the procedures under this act, Punishment for offences committed by companies or anybody corporate. The NDA Government is now proposing to introduce a fresh seed act amendment bill.[currentuser_id]. The clause also entrust inspector with the power to break open any seed container or door of any premises where such seed may be kept for sale, under those circumstances when owner refuses to cooperate. Responsibility of Seed analyst to report the results in a specified format after analysis of the seed samples to Seed Inspector as well as the seller/ purchaser. (3)Â Subsection (2) does not apply if the seed meets the requirements prescribed for the grade, has been graded and inspected as required by the regulations and is marked and packed and the package labelled in the prescribed manner. Amendment of Section 2, Act XXIX of 1976.–In the Seed Act, 1976 (XXIX of 1976), hereinafter called as the said Act, in Section 2,– (1) for clause (a), the following shall be substituted, namely:– Central seed laboratory shall thereupon send its report to the court in the prescribed format within one month from the date of receipt of the sample. (2) The State Government may, by notification in the Official Gazette, establish one or more State Seed Laboratories or declare any seed laboratory as a State Seed Laboratory where analysis of seeds of any notified kind or variety shall be carried out by Seed … It also provided for establishment of Seed Certification Agencies in the states; Seed certification Boards and State Seed Testing Laboratories. 4Â (1)Â The Governor in Council may make regulations. 15 Powers of inspectors (1) A seed inspector may at all reasonable times— (a) enter upon any premises, place or vehicle at or in which there is, or is on reasonable grounds suspected to be, any seed; (b) inspect any seed, book, record or document found in or upon such Restriction on import and export of seeds of notified varieties. (l)Â generally, for carrying out the purposes and provisions of this Act. Recognition of seed certification agencies of foreign countries for the purpose of this act. It covers seeds of food crops, oil crops, cotton seeds, seeds of cattle fodder and all types of vegetative propagating material. First Published: June 10, 2011 | Last Updated:June 10, 2011, The parliament had passed to Seeds Act 1966 to provide legal framework around seed certification and make good quality seeds available to the cultivators. It provides establishing a Central Seed Laboratory as well as State Seed Laboratory to carry out seed analysis of notified variety, It empowers the Central Seed Committee to notify any variety found suitable as per the Act after notification in the Official Gazette, It empowers the committee to fix the minimum limits of germination and purity of seed for a variety to be notified as well as for marking or labelling a seed lot to be sold commercially, Regulation of sale of seeds of notified varieties by compulsory truthful labeling revealing the true identity of the variety, germination as well as purity, Constituting a certification agency for undertaking the process of certification. (2)Â The Minister may, by order, specify the kinds of plants whose seeds are, for the purposes of this Act, weed seeds. Under this act . 2.1Â For the purpose of this Act and the regulations, the Minister may designate all or part of any building or place used for grading, testing or analysing seeds as an accredited laboratory. This act provided for establishment of a Central Seed Committee to advise the states in seed related matters. This act applies to whole of India including Jammu & Kashmir. (b)all layers of the atmosphere, 1.3. Under this act Seed rules were framed and notified in1968 and systematic Seed Certification started in India in 1969. (a)Â establishing grades with appropriate grade names for seeds; (a.1)Â providing, with respect to grades requiring varietal purity, for the determination of varietal purity of seed crops and, in particular, for any such determination to be made by the Canadian Seed Growersâ Association and any standards established by that Association to be used; (a.2)Â respecting the sale, importation or exportation of any seed that presents a risk of harm to human, animal or plant health or the environment; (a.3)Â respecting the sending or conveying from one province to another or the importation or exportation of any seed; (a.4)Â respecting the sale of any seed that has been imported or is to be exported or to be sent or conveyed from one province to another; (b)Â prescribing the terms and conditions under which and the manner in which seed crops may be inspected or seeds may be graded or tested; (b.1)Â respecting licences referred to in section 4.2, including their issuance, the conditions to which they may be subject and their amendment, suspension or revocation; (c)Â prescribing the minimum standards of purity, germination, quality and disease for seeds; (d)Â respecting the packing and marking of seeds and the marking and labelling of packages of seeds; (e)Â prescribing the terms and conditions under which variety names of seeds may be used; (f)Â exempting, with or without conditions, any item to which this Act applies, or a person or activity in respect of seed, from the application of this Act or the regulations or a provision of this Act or the regulations; (g)Â respecting the taking of samples and the testing of seeds for the purposes of this Act; (g.1)Â requiring persons to take or keep samples of any seed, or its package or label, and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided; (h)Â respecting the fees that may be charged for any services provided under this Act; (h.1)Â prescribing information that shall be given, and prohibiting or restricting the use of variety names, in labelling or advertising seeds for sale or making, in prescribed circumstances, offers of seeds for sale; (h.2)Â respecting the registration of varieties of seeds and the amendment of the register of such varieties; (h.3)Â specifying terms and conditions to which registration referred to in paragraph (h.2) shall be subject, including any limitation respecting the duration of any such registration or restricting any effect thereof to a region specified in the regulations; (h.4)Â prescribing the procedure for review of cases involving the refusal, suspension or cancellation of any registration referred to in paragraph (h.2); (h.5)Â determining the cases in which and the conditions, including provision of a bond or suretyship, under which seeds shall, for the purposes of this Act, be transported and stored on importation; (h.6)Â respecting the registration of establishments that prepare seeds and the licensing of operators of those establishments, including the renewal, cancellation and suspension of those registrations and licences and the conditions to which they are subject; (i)Â respecting the detention, preservation and safeguarding of anything seized under section 8; (i.1)Â providing for any reasonable costs incidental to any seizure under this section, and to the detention of the thing seized, to be payable by and recoverable from the person entitled to possession thereof at the time of the seizure; (j)Â respecting the disposition of anything forfeited under section 8; (j.1)Â requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, those documents, and respecting.
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