kaupoizeRepublic of Latvia

Cabinet

Regulation No 575

Adopted 14 October 2003

Regulations regarding Growing and Marketing of Vegetable Seed

Issued pursuant to

Section 2, Paragraph 1, Sub-paragraph a) of

the Seed Circulation Law

I. General Provision

1. These Regulations prescribe the procedures for growing vegetable seed and marketing of seed of vegetable species, referred to in Annex 1 of these Regulations, which are intended for the production of agricultural products.

II. Seed Categories

2. Seed shall be categorised as follows:

2.1. breeder seed (BS);

2.2. pre-basic seed (PB);

2.3. basic seed (B);

2.4. certified seed (C); and

2.5. standard seed (ST).

3. Breeder seed (BS) is a limited quantity of seed, which ensures the maintenance of the varietal characteristics through several generations. Such seed shall be obtained by and the propagation scheme thereof shall be determined by the breeder or the successor in interest thereof.

4. Pre-basic seed (PB) is seed which:

4.1. is obtained directly from breeder seed (BS) and grown under the supervision of the breeder or the successor in interest thereof, observing generally accepted practices for maintenance of the variety;

4.2. is intended for the production of seed of the basic seed (B) and certified seed (C) categories;

4.3. conforms to the requirements of basic seed (B) as prescribed in these Regulations; and

4.4. is under the control of the State Plant Protection Service throughout the entire period of growing and processing of the seed.

5. Basic seed (B) is seed which:

5.1. is obtained from pre-basic seed (PB) or directly from breeder seed (BS);

5.2. is grown under the supervision of the breeder or the successor in interest thereof, observing the generally accepted practices for maintenance of a variety;

5.3. is intended for the production of seed of the certified seed (C) category;

5.4. conforms to the requirements of basic seed (B) as prescribed in these Regulations; and

5.5. is under the control of the State Plant Protection Service throughout the entire period of growing and processing of the seed.

6. Certified seed (C) is seed which:

6.1. is obtained directly from basic seed (B) (if the breeder or the successor in interest thereof wishes so – also from seed of higher category);

6.2. is intended mainly for production of vegetables;

6.3. conforms to the requirements of certified seed (C) as prescribed in these Regulations; and

6.4. is under the control of the State Plant Protection Service throughout the entire period of the growing of the seed.

7. Standard seed (ST) is seed which:

7.1. conforms to the requirements for varietal purity of certified seed (C) as prescribed in these Regulations; and

7.2. conforms to the requirements of the standard seed (ST) category as prescribed in these Regulations;

7.3. is intended mainly for the production of vegetables; and

7.4. is subject to post-control by the State Plant Protection Service.

III. Requirements Prescribed for Seed Growing

8. Each seed grower may grow seed of only one or a number of species groups, varieties and categories if the seed grower has appropriate material and technical basis and the ability to ensure that seed of various varieties or categories does not mix.

9. The fields for growing varieties of seed shall be located only where suitable previous plants have been grown for at least two years, not allowing lowering of the varietal purity and the spread of disease and pests. Growing of seed in a greenhouse for several consecutive years is permissible provided that disinfection and change of substrate is ensured. The rotation of crops in fields and greenhouses each year shall be recorded in the record of field history.

10. The minimum distance between separate sowing fields for seed growing, related cultivated species and wild plants are specified in Annex 2 of these Regulations. The minimum distances between sown fields of self-pollinating species and sown fields of various varieties and categories of a single self-pollinating species shall be not less than 0,5m.

11. The minimum distances do not apply to sown fields for which total protection against any undesirable foreign pollination is ensured or if the sown fields are separated by a physical barrier which ensures that the seeds do not mix and prevents the spread of disease, especially viruses and pests.

12. The number of diseased plants permitted in seed growing fields is specified in Annex 3 of these Regulations. Presence of wild oats (Avena fatua, Avena sterilis), winter wild oats (Avena ludoviciana) and quarantine organisms shall not be permitted in seed growing fields.

13. Seed growing fields shall be separated from other sown fields.

IV. Inspection of Seed Growing Fields

14. In order to evaluate the overall condition of seed growing fields, the conformity thereof to the requirements prescribed in Chapter III of these Regulations, and to determine varietal purity, field inspection shall be conducted.

15. Each year prior to beginning seed growing (for annual crops not later than by 15 April, for biennial and perennial crops not later than by 15 July), seed grower shall submit to the State Plant Protection Service an application for field inspection, in which information regarding the seed grower, species of the seed sown, the date of sowing, field utilised for seed growing, as well as information regarding previous plants shall be included.

16. Inspectors of the State Plant Protection Service, observing the requirements for varietal purity prescribed in Annex 4 of these Regulations, shall conduct, in accordance with methods approved by the Minister for Agriculture, a field inspection of fields sown with pre-basic seed (PB), basic seed (B) and certified seed (C) categories.

17. Prior to the inspection of a field, a State Plant Protection Service inspector shall acquaint himself or herself with documents attesting to the quality of the seed and with entries in the record of field history.

18. Inspection of a field shall be conducted at least once during the vegetation period at such a development stage of the cultivated species when the morphological features of the variety are most easily visible and the varietal purity can be determined most accurately, and when disease-infected plants can be recognised. Inspection of a field shall be conducted on the basis of the notification by the seed grower of the readiness of the field for inspection.

19. Sowings of seed growing of biennial and perennial vegetable species and of radish and summer radish shall be inspected additionally also prior to the beginning of flowering.

20. If, in conducting inspection of a field or of documentation regarding the seed sown, violations of these Regulations are determined or non-conformity of the sowing to the category of seed to be evaluated is determined, the category of seed shall be reduced to the conforming category. If elimination of the deficiencies is possible, inspection of the field shall be repeated pursuant to the instructions of the State Plant Protection Service inspector.

21. If the sowing fails to conform to the requirements prescribed in Chapter III or Annex 4 of these Regulations, the State Plant Protection Service shall be considered to be unusable for growing seed. The harvest obtained shall not be included in further seed evaluation.

V. Evaluation of Seed Quality

22. The State Plant Protection Service inspector shall take a sample of each prepared seed lot in order to evaluate seed quality.

23. A seed sample shall be taken from a homogeneous seed lot. If there is evidence that a seed lot is not sufficiently homogeneous and does not conform to the specifications of the International Seed Testing Association (ISTA), evaluation of the seed lot may be refused.

24. An average sample shall be taken from a seed lot the weight of which does not exceed the amount specified in Paragraph 1 of Annex 5 and it shall consist of three parts:

24.1. a sample for the determination of the seed quality characteristics (the minimum weight is indicated in Paragraph 1 of Annex 5);

24.2. a sample for post-control of seed (the minimum weight is indicated in Paragraph 1 of Annex 5); and

24.3. a sample for determination of the moisture of seed and pest infestation (the minimum weight is indicated in Paragraph 2 of Annex 5); This sample shall be placed in hermetically sealed packaging.

25. The remaining portion of the sample of determination of the seed quality shall be stored for at least one year. The remaining portion of the post-control seed sample shall be stored long enough to fully ensure evaluation of the sample.

26. Seed quality indicators are specified in Annex 6 of these Regulations.

VI. Packaging of Seed

27. Vegetable seed shall be marketed in homogeneous lots and packaged. Pre-basic seed (PB), basic seed (B) and certified seed (C) packages (except small packages) shall have a seal placed thereon, as well as be repackaged under the supervision of the State Plant Protection Service.

28. For small packages the weight of seed shall not exceed:

28.1. for legumes – 5 kg;

28.2. for onions, chard, red beet, turnip, fodder turnip, pumpkin, marrow, Zucchini, Scallop squash, carrot, radish, scorzonera, spinach, chervil, asparagus, watermelon and lettuce – 500 g; and

28.3. for other vegetables – 100 g.

29. Packaging material shall be selected such as to ensure the preservation of seed quality and weight and prevent the mixing of seed.

30. Certified seed (C) and standard seed (ST) intended for the end user may be packed by the undertaking (company) in packets on which the information specified in Annex 7 of these Regulations shall be displayed. For seed packed in packets the name of the species shall be given in the Latvian language.

VII. Labelling of Seed Packages

31. Seed package shall have an externally attached label the colour and dimensions of which conform to the requirements prescribed in Annex 8 of these Regulations. Labels of seed package, except labels for certified seed (C) (in small packages) and for standard seed (ST), shall be strictly controlled by the State Plant Protection Service. Labels may be with a hole for a string, with adhesive, or for sewing on. A label may be replaced with a seal that contains the content of the label. A label may also be placed inside transparent packaging. If a packaging is repacked, the date and the packer shall be indicated on the label or seal.

32. If adhesive, undetachable labels or seals are not used, a document in the colour of the label shall be placed in the packaging. The document shall indicate species, variety, category and lot number. Typographic presentation of the document shall differ from the label as not to be confused.

33. If a label is used with a hole for a string, the attachment of the label shall have a seal placed on it.

34. Packaging for seed, which conforms to pre-basic (PB), basic (B) and certified (C) seed categories (except small packaging) shall be labelled (also repeatedly) under the supervision of the inspector of the State Plant Protection Service. The information to be included on the label is specified in Annex 9 of these Regulations.

35. For seed that conforms to the standard seed (ST) and certified seed (C) categories (in small packages) the packaging label shall indicate the information specified in Annex 10 of these Regulations.

36. Seed which has not been finally certified but which has been harvested:

36.1. in another state and which conforms to the requirements of the Seed Circulation Law, may be finally certified in Latvia. Seed shall be packed and labelled in accordance with the Seed Circulation Law and requirements specified in Chapter VI and this Chapter of these Regulations. A label shall be attached and accompanying document shall be appended to the seed packaging; and

36.2. in Latvia and is intended for the certification in another state shall be packed under the supervision of the State Plant Protection Service. Seed shall be packed and labelled in accordance with the requirements of the Seed Circulation Law and of Chapter VI and this Chapter of these Regulations. A label shall be attached and accompanying document (Annex 11) appended to seed packaging.

37. Requirements of Paragraph 36 of these Regulations regarding packaging and labelling may be disregarded provided that the State Plant Protection Service has agreed upon it with a notified body of another state.

38. If the quality of a seed lot does not meet the requirements prescribed in the certification process and may not be attested with a seed certificate, lot labels for pre-basic (PB), basic (B) and certified (C) seed categories (except certified seed (C) in small packages) shall be destroyed under the supervision of the State Plant Protection Service.

39. If seed has been processed with biological agents, plant protection products or chemicals, such shall be indicated on the label. For small packaging the information referred to shall be indicated directly on the package or inside thereof.

40. If the vegetable variety has been genetically modified, it shall be specified on the label, as well as in any other document attesting to the seed quality.

VIII. Marketing of Seed

41. Marketing of seed shall be permitted after it has been recognised as pre-basic (PB), basic (B) or certified (C) seed. Standard seed (ST) may be marketed without an official recognition.

42. Seed of witloof chicory shall be marketed only provided it conforms to the requirements of pre-basic (PB), basic (B) or certified (C) seed categories.

43. The packer of seed shall guarantee the seed quality. If the purchaser changes or damages the seed packaging or acquires seed without seed certificate and label conforming to these Regulations, he or she shall lose the right to express a complaint against the seed trader.

44. The seed trader, at the request of a purchaser, shall present such documents referred to in Paragraph 53 of these Regulations, which indicate the term of validity thereof.

45. If the germination power of a seed lot of pre-basic (PB) or basic (B) seed category as determined by analysis does not conform to the minimum seed germination specified in Annex 6 of these Regulations, upon receipt of a permit from the State Plant Protection Service, the seed with reduced germination power may be certified. In such case a special label shall indicate germination of the seed, number of the seed lot, as well as the surname (name for a legal person) and address of the trader

46. Seed of the certified (C) and standard (ST) categories with reduced germination power shall be marketed at a separate stand with an indication “Sēklas ar pazeminātu dīgtspēju” [seed with reduced germination power]. In such cases on each packaging unit (including packets) the actual germination power of the seed shall be stated.

47. If due to insufficient amount of seed taking of samples specified in Annex 5 for determining germination power for seed is impossible, the seed shall be placed at the separate stall or at the place with an indication “Sēklas ar iespējamu pazeminātu dīgtspēju” [seed with a possible reduced growing power]. Each packet of seed from the relevant lot shall be designated by such indication.

IX. Registration of Seed Growers, Seed Processors, Packers and Wholesalers

48. The State Plant Protection Service shall register seed growers, seed processors, packers and wholesalers, and shall issue seed grower and seed trader registration certificates.

49. In order to register in the Seed Grower and Seed Trader Register, a seed grower, seed processor, packer and wholesaler shall submit to the State Plant Protection Service an application (Annex 12) and a description of material and technical facilities for seed processing, packaging and trade (hereinafter – description) indicating ownership thereof, as well as plans of fields intended for seed cultivation by indicating the area thereof (in hectares).

50. The State Plant Protection Service within a period of 10 days shall evaluate the application and description of the seed grower, seed processor, packer or wholesaler and take a decision regarding the registration thereof in the Register of Seed Growers and Traders or reject the registration. Registration certificate (Annex 13) shall be issued and a certain code shall be given to a seed grower, seed processor, packer or wholesaler, if a decision regarding registration in the Register of Seed growers and Traders has been taken. The first two characters of the code shall indicate the address of the seed grower (the first two characters of the district postal code), other characters – the serial number of the seed grower.

51. If the State Plant Protection Service has received a written application from a seed grower, seed processor, packer or trader regarding removal from the Register or has determined that the requirements specified in Chapters VII, VIII, X or XI of these Regulations have not been met and a report has been drawn up regarding thereof, the registration shall be cancelled within a time period of two weeks after the receipt of the application or drawing up of the report. The decision regarding cancellation of registration shall be notified to a seed grower, seed processor, packer or wholesaler within a time period of five working days.

X. Seed Documentation

52. The State Plant Protection Service, based on the results of field inspection and evaluation of seed samples, shall issue a seed quality attesting document to seed growers, seed processors, packers or traders registered in the Register of Seed Cultivators and Seed Traders.

53. The document attesting to the quality of seed is a seed certificate (Annex 14). A seed certificate shall be issued if all the results of the testing of quality of a sample from a seed lot conform to the requirements prescribed for the relevant seed category of the particular species, and prior to that inspection of the seed growing field has been performed. If the seed quality does not conform to the requirements of these Regulations, the State Plant Protection Service shall issue a report regarding results of evaluation of the seed quality (Annex 15).

54. If any of the indicators obtained from a full testing of a seed lot, as well as if only some indicators have been tested (incomplete seed testing), a report regarding results of the seed testing shall be issued. The report may also indicate the possibilities for improving seed quality (if such exist).

55. The seed certificate or report referred to shall be issued within a time period of three days after the testing of the seed sample has been completed.

56. The term of validity for a seed certificate and results of testing of quality of seed from the day the analysis of seed germination power is completed, shall be:

56.1. for cucurbits – three years;

56.2. for carrots, brassicas, legumes, radish, winter radish, lettuce, and tomatoes - two years

56.3. for other vegetable species, and for seed whose certificate term of validity is being extended – one year; and