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)