CHAPTER - II

THE SEEDS RULES ,1968

                        In exercise of the powers conferred by Section 25 of the Seeds Act, 1966 (54 of 1966), the Central Government hereby makes the following rules, namely,-  

 

PART I

PRELIMINARY

 

1.   SHORT TITLE:     These rules may be called the Seeds Rules,- 1968

2.   DEFINITIONS:      In these rules, unless the context otherwise requires, -

                        (a)  "Act" means the Seeds Act, 1966 (54 of 1966)  ; 

                        (b) "advertisement" means all representations other than those on the label,

                              disseminated in any manner or by any means relating to seed for the

                              purpose of the Act;     

(a)    "certification sample" means a sample of seed drawn by a certification

agency or by a duly authorised representative of a certification agency

established under Section 8 or recognized under Section 18 of the Act ;

(b)    " certification tag" means a tag or label of certain design  to be specified

by the certification agency and shall constitute the certificate granted by

the certification agency ;    

(c)    "certified seed" means seed that fulfils all requirement for certification

provided by the Act and these rules and to the container of which the

certification tag is attached ;

(d)    "certified seed producer"  means a person who grows or distributes certified seed in accordance with the procedure and standards of the certification agency;

(e)    "complete record" means the information which relates to the origin, variety, kind, germination and purity of seed of any notified kind or variety offered for sale, sold or otherwise supplied ;   

                        (h)    "form" means a form appended to these rules;  

                               ( i )   "origin"  means the State, Union Territory or foreign country where

                                      the seed is grown and in case seeds of different origin are blended

                                      the label shall show the percentage of seed of each origin ;

 

 

 

                               ( j)    "processing"  means cleaning , drying , treating , grading and other

                                    operations which would change the purity and germination of the seed

                                    and thus requiring re-testing to  determine the quality of the seed, but

                                     does not include operations such as packaging and labelling ;  

                        (k)    "Section" means a section of the Act ;

(h)    "service sample" means a sample submitted to the Central Seed Laboratory or to a State Seed Laboratory for testing, the results to be used as information  for seeding , selling or labelling purposes; 

(i)      "treated" means that the seed has been subjected to an application of a substance or process in such a manner as to reduce, control or repel certain disease organisms, insects, or any other pests attacking such seeds or seedlings growing there from and for other purposes. 

 

PART II

CENTRAL SEED COMMITTEE

 

3.   FUNCTIONS OF THE CENTRAL SEED COMMITTEE:  

                        In addition to the functions entrusted to the Committee by the Act, the Committee shall, -   

(a)    recommend the rate of fees to be levied for analysis of samples by the Central and State Seed Testing Laboratories and for certification by the certification agencies;  

(b)    advise the Central or State Governments on the suitability of Seed Testing Laboratories;

(c)    send its recommendations and other concerning records to the Central

Government ; 

(d)    recommend the procedure and standards for certification, tests and analysis of seeds ; and 

(e)    carry out such other functions as are supplemental,  incidental or consequential to any of the functions conferred by the Act  or these rules.  

 

4.   TRAVELLING AND DAILY ALLOWANCES PAYABLE TO MEMBERS OF THE COMMITTEE AND ITS SUB-COMMITTEES :     

                        The members of the committee and its sub-committees shall be entitled to draw travelling and daily allowances as specified below when they are called upon to attend a meeting of the committee or a sub-committee thereof :   

(a)    An official member of the committee or its sub-committee shall be entitled to draw travelling and  daily allowance in accordance with the rules of the Government under which he is for the time being employed and from the same source from which his pay and allowances are drawn;

(b)    A non-official member shall be allowed travelling and daily allowances in accordance with the general orders issued in this behalf by the Central

Government from time to time.  

 

 

PART-III

CENTRAL SEED LABORATORY

 

5.   FUNCTIONS:  

                        In addition to the functions entrusted to the Central Seed Laboratory by the Act, the laboratory shall carry out the following functions, namely:-  

(a)    initiate testing programmes in collaboration with the State Seed Laboratories designed to promote uniformity in test results between all seed laboratories in India.   

(b)    collect data continually on the quality of seeds found in the market and make this data available to the Committee; and 

(c)    carry out such other functions as may be assigned to it by the Central

Government from time to time.

 

PART IV

SEED CERTIFICATION AGENCY

6.   FUNCTIONS OF THE CERTIFICATION AGENCY; 

In addition to the functions entrusted to the certification agency  by the Act, the Agency shall,-

(a)    certify seeds of any notified kinds or varieties ;

(b)    outline the procedure for submission of applications and for growing , harvesting , processing , storage and lebelling of seeds intended for certification till the end to ensure that seed lots finally approved for certification are true to variety and meet prescribed standards for certification under the Act or these rules; 

(c)    maintain a list of recognised breeders of seeds ; 

(d)    verify, upon receipt of an application for certification that the variety is eligible for certification, that the seed source used for planting was authenticated and the record of purchase is in accordance with these rules and the fees have been paid;

(e)    take sample and inspect seed lots produced under the procedure laid down by the certification agency and have such samples tested to ensure that the seeds conforms to the prescribed standards of certification ; 

(f)     inspect seed processing plants to see that the admixtures of other kinds and varieties are not introduced;  

(g)    ensure that action at all stages, e.g. field inspection, seed processing plant

inspection , analysis of samples taken and issue of certificates (including tags, marks, labels and seals)  is taken expeditiously ;  

(h)    carry out educational  programmes designed to promote the use of certified seed including a publication listing certified seed growers and sources of certified seed  ;  

(i)      grant certificates (including tags, labels, seals, etc,) in accordance with the provisions of the Act and these rules; 

(j)      maintain such records as may be necessary to verify that seed plants for the production of certified seed  were eligible for such planting under these rules :

(k)    inspect fields  to ensure that the minimum standards  for isolation, roguing (where applicable) use of male sterility (where applicable) and similar factors are maintained at all times, as well as ensure that seed borne diseases  are not present in the field to a greater extent than those  provided in the standards for certification. 

 

PART -V

MARKING OR LABELLING

 

7.       RESPONSIBILITY FOR MARKING OR LABELLING

When seed of a notified kind or variety is offered for sale under section 7, each container shall  be marked or labelled in the manner hereinafter specified.  The person whose name appears on the mark or label shall be responsible for the accuracy of the information required to appear on the mark or label so long as seed is contained in the unopened original container; 

            Provided, however, that such person shall not be responsible for the accuracy of the statement appearing on the mark or label if the seed is removed from the original unopened container, or he shall not be responsible for the accuracy of the germination statement beyond the date of validity indicated on the mark or label.

 

8.   CONTENTS OF THE MARK OR LABEL :  

                        There shall be specified on every mark or label --

                               (i)          particulars, as specified by the Central Government under

             clause (b) of section 6 of the Act 

(ii)                a correct statement of the net content in terms of weight

             and expressed in metric system ;

(iii)               date of testing ; 

(iv)              if the seed in container has been treated --

a)      a statement indicating that the seed has been treated ; 

b)      the commonly accepted chemical or abbreviated chemical (generic)  name of the applied substance;   and

c)      if the substance of the chemical used for treatment, and present with the seed is harmful to human beings or other vertebrate animals, a caution statement such  as " Do not use for food, feed

 or oil purposes".  The caution for mercurials and similarly toxic substance shall be the word "Poison" which shall be in type size, prominently displayed on the label in red;  

(v)                the name and address of the person who offers for sale, sells or otherwise supplies the seed and who is responsible for its quality ;

                        (vi)          the name of the seed as notified under section 5 of the Act.    

 

9.       MANNER OF MARKING OR LABELLING THE CONTAINER UNDER CLAUSE (C) OF  SECTION 7 AND CLAUSE (B) OF SECTION 17.  

                  1.  The mark or label containing the particulars of the seed as specified under  clause (b) of section 6 shall appear on each container of seed or on a tag or mark or label attached to the container of seed in a conspicuous place on the innermost container in which the seed is packed and on every other covering in which that container is packed and shall be legible.    

               2.  Any transparent cover or any wrapper, case or other covering used solely  for the purpose of packing of transport or delivery need not be marked or labelled.     

                3.  Where by a provision of these rules, any particulars are required to be displayed on a label on the container, such particulars may, instead of being displayed on a label be  etched, painted or otherwise indelibly marked on the container.  

10.  MARK OR LABEL NOT TO CONTAIN FALSE OR MISLEADING STATEMENT  

                        The mark or label shall not contain any statement, claim, design, device, fancy name or abbreviation which is false or misleading in any particular concerning the seed contained in the container.   

 

11.   MARK OR LABEL NOT TO CONTAIN REFERENCE TO THE ACT OR RULES CONTRADICTORY TO  REQUIRED PARTICULARS.  

The mark or label shall not contain any reference to the Act, or any of these rules or any comment on, or reference to, or explanation of any particulars of declaration required by the Act or any of these rules which directly or by implication contradicts, qualifies or modifies such particulars or declaration. 

 

12.  DENIAL OF RESPONSIBILITY FOR MARK OR LABEL CONTENT PROHIBITED   

                         Nothing shall appear on the mark or label or in any advertisement pertaining to any seed of any notified kind or variety which shall deny responsibility  for the statement required by or under the Act to appear on such mark, label or advertisement. 

 

PART-VI

REQUIREMENTS:

13.   REQUIREMENTS TO BE COMPLIED WITH BY A PERSON CARRYING ON THE BUSINESS REFERRED TO IN SECTION 7:

                        (1).No person shall sell, Keep for sale, offer to sell, barter or otherwise supply any seed of any notified kind or variety, after the date recorded on the container, mark  or label as the date upto which the seed may be expected to retain the germination not less than that prescribed under clause (a) of section 6 of the Act.   

                        (2).  No person shall alter, obliterate or deface any mark or label attached to the container of any seed.   

                        (3). Every person selling , keeping for sale , offering to sell , bartering or otherwise supplying any seed of notified kind or variety under section 7, shall keep over a period of three years a complete record of each lot of seed sold except that any seed sample may be discarded one year after the entire lot represented by such sample has been disposed of.  The Sample of seed kept as part of the complete record shall be as large as the size notified in the official Gazette.  This sample, if required to be tested, shall be tested only for determining the purity.    

14.   CLASSESS AND SOURCES OF CERTIFIED SEED: -  

                        (1)  There shall be three classes of certified seed namely foundation, registered and certified, and each class shall meet the following standards for that class, -.   

(a)    Foundation seed shall be the progeny of breeder's seed, or be produced from Foundation seed which can be clearly traced to breeder's seed.  Production shall be supervised and approved by a seed certification agency and be  so handled as to maintain specific genetic purity and identity and shall be required to meet certification standards for the crop being certified;   

(b)    Registered seed shall be the progeny of foundation seed that is so handled as to maintain its genetic identity and purity according to standard specified for the particular crop being certified ;                   

(c)    Certified seed shall be the progeny of registered  or foundation seed that is so handled  to maintain genetic identity and purity according to standards specified for the particular crop being certified.   

                        (2)  At the discretion of the certification agency (when considered necessary to maintain adequate seed supplies) certified seed may be the progeny of certified seed provided this reproduction may not exceed three generations and provided further that it is determined by the seed certification agency, that the genetic purity will not be significantly altered.   

 

PART VII

CERTIFICATION OF SEEDS

 

15.   APPLICATION FOR THE GRANT OF A CERTIFICATE:

                        Every application for the grant of a certificate under sub-section (1) of Section 9 shall be made in Form I in accordance with the procedure outlined by the certification agency for submission of applications and contain the following particulars, namely.

                        a) the name, profession, and place of residence of the applicant;  

                                 b) the name of the seed to be certified; its notified kind or variety ;

                           c)  class of the seed ;

                         d)  source of the seed; 

                                 e) limits of germination and purity of the seed ;

                     f) mark or label of the seed. 

 

16.   FEES: -   

                        Every application under sub-section (1) of section 9 shall be accompanied by a fee of Rs.25 in cash.

 

17.   CERTIFICATE:-

                        Every certificate granted under sub-section (3) of section 9 shall be in Form II and shall be granted by the certification agency, after making enquiries and satisfying itself  in accordance with the provisions of the said sub-section on the following conditions, for the period to be specified by the certification agency, namely:-

(i)                  The persons to whom the certificate is granted under sub-section (3) of section 9 shall attach a certification tag to every container of the certified seed and shall follow the provisions in respect of marking or lebelling provided by or under the Act;

(ii)                The certification tag shall contain the following particulars, namely:-

(a)    name and address of the certification agency;

(b)    kind and variety of the seed;

(c)    lot number or other mark of the seed;

(d)