Law No. 2195-IIs on issuance of licences for production of grafting, seed and planting material

LAW OF GEORGIA “On Issuance of Licenses for Production of Grafting, Seed and Planting Materials” Article 1. Scope of the Law 1.This Law regulates the relationships connected with the issuance of licenses for production of grafting, seed and planting materials within the territory of Georgia. 2. This Law applies to all types of grafting, seed and planting materials designated for dissemination with marketing purposes of agricultural crops authorized for dissemination on the territory of Georgia. 3. This Law does not apply to seed and planting materials produced for scientific, breeding and educational purposes. Article 2. Definition of Terms The terms used in this Law have the following meanings: a) Seed – seeds of agricultural crops, as well as all botanical types of sowing materials (yields of fruit trees, yielded materials of decorative flowers and healing plants, parts of sorosis and collective fruits); b) Planting Materials – seedlings of agricultural crops (materials for vegetative multiplication of fruit trees, berries, decorative flowers, healing plants, vine, tea and other subtropical crops) c) Seedling – one- or two-year plant obtained through vegetative multiplication, which is designated for planting on a permanent place; d) Standard Seedling – engrafted or scion-rooted basic planting material; e) Elite Seedling – high quality engrafted or scion-rooted seedling obtained through grafting or rooting of healthy Elite bud and rootstock materials, which is used for arranging of mother plantation of rootstocks or production plots; f) Mother Plantation of Rootstocks – a plantation of perennial crops, which is designated for production of rootstocks for vegetative multiplication; g) Mother Plantation of Bud Materials – a plantation of perennial crops, which is designated for production of bud materials for multiplication; h) Engrafted Seedling - a seedling produced through grafting of a bud on rootstock, which is used for planting on a permanent place; i) Super-elite Seed – seeds of the generation previous to elite seed; j) Elite Seed – seeds produced through multiplication of super-elite seeds; k) Certified Seed of I and II Reproduction – seeds of the generations occurred via multiplication of elite seeds; l) Approbation of the Sown Area – assessment of varietal purity on the sown area designated for seed production and confirmation of varietal purity with a corresponding certificate; 2 m) Approbation of the Planted Area – assessment of varietal purity of the perennial crops and confirmation with a corresponding certificate. Article 3. Types of Activities Subject to Licensing Types of the activities subject to licensing are the following: a) Production of seed materials; b) Production of grafting materials; c) Production of planting materials. Article 4. Body In Charge of License Issuance In line with Sub-clause “ab” of Article 6 of the Law of Georgia “On the Basics of Issuance of Licenses and Permits For Entrepreneurial Activities”, the Ministry of Agriculture and Food of Georgia is an administrative body in charge of issuance of licenses. Article 5. Documentation To Be Submitted For Receiving A License 1. According to the list given in Article 3 of this Law, applicants’ written statement receiving a license, is to include an indication about the type of activity subject to licensing. 2. In addition to the core documents to be submitted pursuant to the Law of Georgia “On the Basics of Issuance of Licenses and Permits For Entrepreneurial Activities”, the applicant is to present the following: (a) Information concerning qualification of the specialists working for the enterprise; (b) Information concerning mother plantations of rootstocks and bud materials under their ownership or concerning the grafting materials transferred by the owners of such mother plantations to them; (c) Copy of the document confirming the ownership of nurseries, grafting stratification farms, seeds / seedlings warehouses. Article 6. Rule of On-site Checking of Licensing Conditions Those in charge of license issuance, based on Article 5 of this Law, are authorized to verify the fidelity of information presented in attendance of the applicant and to conclude a corresponding written conclusive report. If as a result of on-site check-up, it is fixed that the de facto situation does not comply with the licensing conditions pre-defined within the Law, this can serve as the basis of a refusal for license issuance. 3 Article 7. Requirements For Seed and Planting Materials To Be Disseminated For the Marketing Purposes Seed disseminated for the marketing purposes is to have the qualities of the elite seed, certified seed of I and II reproduction; while planting materials - of the first or the second grade standard materials. Article 8. Responsibility For Violation of the Requirements of This Law Legal responsibility for falsification of documents enclosed to seed, rootstock, grafting and planting materials or for dissemination of the related false information is determined by the Legislation of Georgia. Article 9. Validity of Licenses and Permits Issued Before Enactment of This Law Within 6 months after enactment of this Law, persons engaged in activities referred to in this Law are obliged to obtain the relevant license. Article 10. Law Enactment This Law will enter into force on enactment of the Law of Georgia “On the Basics of Issuance of Licenses and Permits For Entrepreneurial Activities”. Eduard Shevardnadze President of Georgia Tbilisi, Georgia May 7, 2003 No. 2195 – II s