Regulation of the Ministry of Agriculture No 20 of 1999 regarding endorsement of categories of vegetable seed, and procedures for packaging, marketing and importation of vegetable seed

Endorsement of categories of vegetable seed, and procedures for packaging, marketing and importation of vegetable seed Regulation of the Minister of Agriculture from 3 June 1999 No 20 On the basis of subsections 2 (3), 12 (5), 15 (6), 18 (3) and (6), 20 (5) and 22 (9) of the Seed and Plant Propagating Material Act (RT I 1998, 52/53, 771), and taking into account the provisions of the Council Directive 70/458/EEC (OJ L 225, 12.10.70): I endorse “Categories of vegetable seed, and procedures for packaging, marketing and importation of vegetable seed” (attached). Minister Ivari PADAR Deputy Secretary General for Foreign Relations in the capacity of the Secretary General Ruve ŠANK Endorsed by the Regulation of the Minister of Agriculture from 3 June 1999 No 20 CATEGORIES OF VEGETABLE SEED, AND PROCEDURES FOR PACKAGING, MARKETING AND IMPORTATION OF VEGETABLE SEED I. LIST OF SPECIES SUBJECT TO THIS PROCEDURE 1. This procedure applies to the following species of vegetable crops: Allium cepa L. onion Allium fistulosum L. winter onion Allium porrum L. leek Anethum graveolens L. dill Anthriscus cerefolium (L.) Hoffm. chervil Apium graveolens L. celery Asparagus officinalis L. asparagus Beta vulgaris L. ssp. vulgaris convar. cicla (L.) Alef. Beta vulgaris L. ssp. vulgaris var. vulgaris red beet Brassica oleracea L. var. acephala (DC.) subvar. laciniata L. borecole Brassica oleracea L. convar. botrytis (L.) Alef. var. botrytis cauliflower Brassica oleracea L. convar. botrytis (L.) Alef. var. botrytis broccoli Brassica oleracea L. convar. oleracea var. gemmifera DC. Brussels sprouts Brassica oleracea L. convar. capitata (L.) Alef. var. sabauda L. Brassica oleracea L. convar. capitata (L.) Alef. var. alba White cabbage Brassica oleracea L. convar. capitata(L.) Alef. var. Red cabbage rubra Brassica rapa L. em. Metzg. ssp chinensis (L.) Hanelt Brassica rapa L. em. Metzg. ssp. pekinensis (Lour.) Hanelt Brassica oleracea L. convar. caulorapa (DC.) Alef. var. gongyloi kohlrabi Brassica napus L. em. Metzg. ssp. rapifera Metzg. swede Brassica rapa L. em. Metzg. ssp. rapa turnip Capsicum annuum L. paprika Cichorium endivia L. endive chicory Cichorium intybus L. chicory Citrullus vulgaris L. watermelon Cucumis melo L. melon Cucumis sativus L. cucumber Cucurbita pepo L. pumpkin Cynara scolymus L. artichoke Daucus carota L. carrot Foeniculum vulgare P. Mill. fennel Lactuca sativa L. garden lettuce Lepidium sativum L. garden cress Lycopersicon lycopersicum (L.) Karsten tomato Petroselinum crispum (Miller) Nyman ex. A. W. Hill parsley Phaseolus vulgaris L. garden bean Pisum sativum (L. partim) garden pea Raphanus sativus L. radish Scorzonera hispanica L. viper’s grass Solanum melongena L. eggplant Spinacia oleracea L. spinach Zea mais convar. saccharata (Koern.) sugar corn II. CATEGORIES OF VEGETABLE SEED 2. The uncertified pre-basic seed is a seed of generation prior to pre-basic seed, which is: 1. produced in Estonia by the owner or maintainer of the variety; 2. intended for production of uncertified pre-basic seed, pre-basic seed or basic seed. 3. The pre-basic seed (SE) is a for sowing, which: 1. is produced by or under the responsibility of the owner using methods foreseen for the maintenance of the variety; 2. is intended for the production of pre-basic seed or basic seed or, upon the written application of the owner of the variety, for the production of certified seed; 3. satisfies the requirements laid down in Annex 1 for basic seed; 4. is certified by the Plant Production Inspectorate. 4. The basic seed (E) – seed for sowing, which: 1. is produced from uncertified pre-basic seed or pre-basic seed under the responsibility of the owner using methods foreseen for the maintenance of the variety; 2. is intended for the production of certified seed; 3. satisfies the requirements laid down in Annex 1 for basic seed; 4. is certified by the Plant Production Inspectorate. 5. The certified seed (C) is a seed for sowing, which: 1. is produced from basic seed or, upon the written application of the owner, from the seed of generation prior to the basic seed satisfying the requirements laid down in Annex 1 for basic seed; 2. is intended for production of vegetables; 3. satisfies the requirements laid down in Annex 1 for certified seed; 4. is certified by the Plant Production Inspectorate; 5. is officially inspected in the course of post-control tests. 6. The standard seed – seed for sowing, which: 1. has varietal identity and purity; 2. is intended for the production of vegetables; 3. satisfies the requirements laid down in Annex 1; 4. is officially inspected in the course of post-control tests. 7. The Plant Production Inspectorate organises the certification of vegetable seed according to internationally accepted rules. Legal acts concerning certification are published in the Journal of the Plant Production Inspectorate (Taimetoodangu Inspektsiooni Teataja). III. REQUIREMENTS FOR PACKAGING, SEALING AND MARKING OF VEGETABLE SEED 8. Only persons possessing respective activity license may produce or package vegetable seeds oriented to market. The license can be obtained upon submission of a written application in a given format (Annex 2) to the Plant Production Inspectorate. 9. For the production of certified seed of vegetable crops the varieties must be listed in the Official Variety List. 10. For the production of standard seed of vegetable crops the varieties must be included in the list of recommended varieties, which is subject to publication in the Journal of the Plant Production Inspectorate. 11. The supplier of the seed is responsible for the suitability of the variety included in the list of recommended varieties of vegetable crops, or the variety imported in small packets of seeds oriented to marketing, for growing in Estonian soil and climate conditions. The results of field testing of the variety for checking the suitability must be available to the inspectors of the Plant Production Inspectorate. 12. If the variety is registered in different countries under different names, all these names in use must be indicated in the Official Variety List and the list of recommended varieties. 13. In case of varieties listed in the Official Variety List the licensee must keep records on areas of seed generations prior to pre-basic seed, in addition to other categories of seed. 14. The licensee must communicate to the Plant Production Inspectorate the starting and finalization dates of packaging into small packets of a seed lot. 15. In case of production of standard seed the licensee must nominate a person responsible for packaging and communicate this to the Plant Production Inspectorate. 16. Person responsible for packaging must: 1) inform the Plant Production Inspectorate on the starting and finalization dates of packaging; 2) keep records and notes on all lots of standard seed and maintain them for 3 years for controlling purposes; 3) sample each seed lot produced or marketed and maintain these for at least 2 years for controlling purposes. Upon request such a sample is to be submitted to the inspector of the Plant Production Inspectorate for controlling. 17. The closing point of selling package, except that of a small package, or container, of each category of certified seed must be sealed with either a lead seal or adhesive security label of the Plant Production Inspectorate in a manner that the seal or label can not be left unspoiled upon opening. 18. The package can be opened and resealed only under the supervision of the official sampler of the Plant Production Inspectorate. The date of resealing of the package and words “Plant Production Inspectorate” must be indicated on the official label. 19. The official sampler is a person authorised by the Director General of the Plant Production Inspectorate, or by the Deputy Director General of the Plant Production Inspectorate and the head of the seed testing laboratory of the Plant Production Control Centre whose personal interests are not concerned upon performing the tasks. 20. The selling package or container of standard seed and container containing small packets of certified seed must be closed in a manner that it cannot be opened without damaging the closing point. In case adhesive labels are used for marking the container or package, these can be used for sealing the closing point of the container or package. In addition, the container or package of standard seed must bear a lead seal or notification enabling to identify the person responsible for labelling. 21. An official label is attached to the outer side of selling package of certified seed of all categories under the supervision of, or by, the official sampler. The label shall bear information established in Annex 3 to this procedure. 22. The selling package or container of standard seed must bear on its outer side a label by the producer with information meeting the requirements established in Annex 3. 23. The information on chemical treatment of seed must be indicated on the package of certified seed of all categories and on the package of standard seed. IV. REQUIREMENTS ON SEALING AND MARKING OF SMALL PACKETS OF VEGETABLE SEED 24. The small package is a package, containing up to: 1) 5 kg of seeds of Papilionaceae, sweet corn or pop-corn; 2) 500 g of seeds of onion, chervil, asparagus, spinach, red beet, turnip, watermelon, pumpkin, carrot, radish, viper’s grass or spinach; 3) 100 g of seeds of other vegetable crops. 25. Small packets must be closed in a manner that it cannot be opened without damaging the seal. 26. The small packets of certified seed and standard seed must bear the label of the producer or information established in Annex 3 printed or stamped on the packages. 27. The information on the chemical treatment of seed must be printed on the container of small packets or on the inner side of the container. V. QUALITY REQUIREMENTS APPLYING UPON MARKETING OF VEGETABLE SEED 28. Only certified seed or standard seed of officially registered varieties listed in the Official Variety List, list of recommended varieties of vegetable crops or in the respective list of a foreign country can be marketed. 29. The seed field founded for production of certified vegetable seed must be officially certified. Requirements established on categories of vegetable seed are listed in Annex 1. The Plant Production Inspectorate is responsible for official field certification. 30. The application for official field certification for the purpose of certification of seeds is submitted by the owner or maintainer of the variety to the Plant Production Inspectorate. 31. The seed field must be certified for at least once. The plant must be of sufficient varietal identity and purity. Upon checking the varietal identity, the morphological characteristics of a growing plant are compared by the official certifier to the official variety description approved by the Plant Production Inspectorate. 32. The seed field founded for production of standard vegetable seed must be certified by a certifier authorized by a licensed producer. At least 20% of seed fields must be controlled by an official certifier. 33. The agro-technological status and vegetation stage of plants must enable adequate assessment of identity to and purity of species, varietal identity and purity, and distribution of diseases. 34. Upon extended presence of strange species or weeds the seed field may be rejected by an official or authorized certifier. 35. In the course of certification the conformity of a growing plant to the requirements established in Annex 1 is checked by the official certifier of the Plant Production Inspectorate, according to the international methodology. 36. The official certifier is: 1. the inspector of the Plant Production Inspectorate; or 2. a person authorised by the Director General or the Deputy Director General of the Plant Production Inspectorate on the condition that no personal interest of the said persons are concerned. 37. The official certifier and the official sampler bear responsibility for their activities according to subsection 26 (1) of the Seed and Plant Propagating Material Act. 38. The application for official sampling of a seed lot with the purpose of certification has to be submitted to the Plant Production Inspectorate by the owner of the lot, in case of controlling the lot as standard seed, by the owner or maintainer of the variety. 39. The official sampler shall take official seed samples from the seed lot under certification which is brought into selling condition to identify the quality of the seed lot and for post control. 40. The results of laboratory analyses of the seed sample shall be forwarded to the Plant Production Inspectorate by previously agreed deadlines. The Plant Production Inspectorate, in case of certified seed taking also into account the results of official field certification and post control, shall issue the seed certificate for the lot as well as official labels for marking the selling packages of seed. 41. The Plant Production Inspectorate shall organise the post control testing of certified seed. The post control testing of seed controlled as standard seed shall be organized by a licensed producer under the supervision of the inspector of the Plant Production Inspectorate. 42. In case the results of the post control testing indicate that the variety is not anymore of sufficient varietal identity and purity, the sales of such a variety will be prohibited on the basis of the Seed and Plant Propagating Material Act. The prohibition shall be repealed when after taking necessary measures by the seed producer it shall be verified that the variety shall be of sufficient varietal identity and purity. 43. The seed oriented to market must be packaged as established in this procedure and the packages must be marked as required. 44. Upon marketing it is not obligatory to certify or control as standard seed: 1) the seed marketed for testing and scientific purposes; 2) the seed marketed for selection work; 3) the seed lots produced by the producer on contractual basis and delivered for sorting and packaging on the condition that the identity of the seed is guaranteed. 45. The Plant Production Inspectorate may certify and allow marketing of basic seed not meeting the germination requirements if the real germination is indicated on the package by the seller of the seed together with the name and address of the supplier. VI. CONDITIONS FOR IMPORTATION OF VEGETABLE SEED 46. The importer of seed must be licensed by the Plant Production Inspectorate. 47. The variety of seed to be imported must be officially registered in the country of production. 48. The seed lot to be imported must be officially certified or controlled as standard seed and be accompanied with documentation as required. Annex 1 to the «Categories of vegetable seed, and procedures for packaging, marketing and importation of vegetable seed» PLANT DISEASES AND HARMFUL ORGANISMS DEEMED TO BE DANGEROUS TO VEGETABLE SEED, AND QUALITY REQUIREMENTS OF CATEGORIES OF VEGETABLE SEED APPLICABLE UPON MARKETING 1. The minimal distance of seed field of vegetable crops from other fields that may cause unwished pollination must be as follows: Pre-basic and basic seed Certified and standard seed 1) Beta species: From fields of all sub-species of Beta 1,000 m From fields of varieties belonging to the different variety group of the same sub species 1,000 m 600 m From fields of varieties belonging to the same variety group of the same sub-species 1,000 m 600 m 2) Brassica species: from all sources of unwished outside pollination 1,000 m 600 m 3) from fields of other cross-pollinating vegetable crops which can cause lower quality of the cultivated variety because of outside pollination 500 m 300 m 4) in case of large-seed field beans from other bean fields Seed field up to 2 ha 200 m 100 m Seed field more than 2 ha 100 m 50 m 2. The presence of diseases and harmful organisms that cause the lower user-value of seed must be minimal. 3. It is prohibited to produce seed in a field contaminated with wild oats. 4. The seed lot must be of uniform quality upon sampling. The seed lots to be certified must be separated from each other and marked as required by the owner of the lot. The maximal weight of the seed lot and the minimal weight of the seed sample are as follows: Maximal weight of seed lot (kg) Minimal weight of seed sample (g) Anthriscus cerefolium (L.) Hoffm. 10,000 20 Pisum sativum (L. partim) 25,000 1,000 Lactuca sativa L. 10,000 10 Anethum graveolens L. 10,000 25 Phaseolus vulgaris L. 25,000 1,000 Foeniculum vulgare P. Mill. 10,000 25 Citrullus vulgaris L. 10,000 250 Cynara scolymus L. 20,000 50 Solanum melongena L. 10,000 20 Cichorium endivia L. 10,000 15 sorrel 10,000 15 Cichorium intybus L. 10,000 50 Brassica rapa L. em. Metzg. ssp chinensis (L.) Hanelt 10,000 20 Brassica napus L. em. Metzg. ssp. rapifera Metzg. 10,000 25 Cucumis sativus L. 20,000 25 Cucurbita pepo L. 20,000 150 Brassica oleracea L. convar. capitata (L.) Alef. var. sabauda L. 10,000 25 Beta vulgaris L. ssp. vulgaris convar. cicla (L.) Alef. 20,000 100 Brassica oleracea L. convar. botrytis (L.) Alef. var. botrytis 10,000 25 Cucumis melo L. 10,000 100 Scorzonera hispanica L. 10,000 30 Brassica rapa L. em. Metzg. ssp. rapa 10,000 20 Brassica oleracea L. convar. caulorapa (DC.) Alef. var. gongyloi 10,000 25 Capsicum annuum L. 10,000 40 parsnip 10,000 25 Brassica rapa L. em. Metzg. ssp. pekinensis (Lour.) Hanelt 10,000 20 Petroselinum crispum (Miller) Nyman ex. A. W. Hill 10,000 10 Daucus carota L. 10,000 10 Allium porrum L. 10,000 20 Brassica oleracea L. convar. capitata(L.) Alef. var. rubra 10,000 25 Beta vulgaris L. ssp. vulgaris var. vulgaris 20,000 100 rhubarb 10,000 80 Raphanus sativus L. 10,000 50 Brassica oleracea L. convar. oleracea var. gemmifera DC. 10,000 25 Lepidium sativum L. 10,000 10 Apium graveolens L. 10,000 20 Allium cepa L. 10,000 25 Asparagus officinalis L. 10,000 100 Brassica oleracea L. convar. botrytis (L.) Alef. var. botrytis 10,000 25 Spinacia oleracea L. 10,000 75 Zea mais convar. saccharata (Koern.) 40,000 1,000 Brassica oleracea L. var. acephala (DC.) subvar. laciniata L. 10,000 25 Allium fistulosum L. 10,000 15 Lycopersicon lycopersicum (L.) Karsten 10,000 20 Brassica oleracea L. convar. capitata (L.) Alef. var. alba 10,000 25 5. The seed must be certified or controlled as standard seed within 18 months from the harvest. 6. The quality requirements of vegetable seed are established in a table attached to this Annex. Annex to the «Plant diseases and harmful organisms deemed to be dangerous to vegetable seed, and quality requirements of categories of vegetable seed applicable upon marketing» QUALITY REQUIREMENTS OF VEGETABLE SEED 1. The seed must be of sufficient varietal identity and purity. 2. The presence of harmful organisms and diseases lowering the user-value of the seed must be as minimal as possible. 3. Seed lots where wild oats (Avena fatua) and dodder (Cuscuta sp.) are detected will not be certified. 4. The seed must meet the following quality requirements: Species Analytical purity, minimal (% out of weight) Seeds of other species, maximal (% out of weight) Germination, minimal (% of normal germs) Anthriscus cerefolium (L.) Hoffm. 96 1 70 Pisum sativum (L. partim) 98 0.1 80 Scorzonera hispanica L. 95 1 70 Daucus carota L. 95 1 65 Lactuca sativa L. 95 0.5 75 Apium graveolens L. 97 1 70 Spinacia oleracea L. 97 1 75 Anethum graveolens L. 98 0.2 60 Phaseolus vulgaris L. 98 0.1 75 Foeniculum vulgare P. Mill. 96 1 70 Solanum melongena L. 96 0.5 65 Cichorium endivia L. 95 1 65 Citrullus vulgaris L. 98 0.1 75 Asparagus officinalis L. 96 0.5 70 Cucumis sativus L. 98 0.1 80 Cucurbita pepo L. 98 0.1 75 Capsicum annuum L. 97 0.5 65 Allium cepa L. 97 0.5 70 Cichorium intybus L. 95 1.5 65 Brassica rapa L. em. Metzg. ssp chinensis (L.) Hanelt 97 1 75 Cynara scolymus L. 98 0.5 65 Brassica napus L. em. Metzg. ssp. rapifera Metzg. 97 1 80 Brassica oleracea L. (except convar. botrytis (L.) Alef. var. botrytis) 97 1 75 Beta vulgaris L. ssp. vulgaris convar. cicla (L.) Alef. 97 0.5 70 Brassica oleracea L. convar. botrytis (L.) Alef. var. botrytis 97 1 70 Cucumis melo L. 98 0.1 75 Brassica rapa L. em. Metzg. ssp. rapa 97 1 80 parsnip 96 0.2 60 Brassica rapa L. em. Metzg. ssp. pekinensis (Lour.) Hanelt 97 1 75 Petroselinum crispum (Miller) Nyman ex. A. W. Hill 97 1 65 Allium porrum L. 97 0.5 65 Beta vulgaris L. ssp. vulgaris var. vulgaris 97 0.5 70 Raphanus sativus L. 97 1 70 Lepidium sativum L. 98 0.1 80 Zea mais convar. saccharata (Koern.) 98 0.1 85 large seed garden bean 98 0.1 80 Allium fistulosum L. 97 0.5 65 Lycopersicon lycopersicum (L.) Karsten 97 0.5 75 5. The seeds of Papilionaceae must not contain the following harmful organisms: 1) Acanthoscelides obtectus sag. 2) Bruchus affinis Froel. 3) Bruchus atomarius L. 4) Bruchus pisorum L. 5) Bruchus rufimanus Boh. 6. The seed must not contain live Acarina. Annex 2 to the «Categories of vegetable seed, and procedures for packaging, marketing and importation of vegetable seed» APPLICATION FOR ACTIVITY LICENSE Name of enterprise/person Commercial Registry Code Address Telephone Fax E-mail Contact person First application Amendment of previous license Description of production conditions List of areas of activity: Production Packaging Marketing Importation of seed of seed of seed of seed Certified vegetable seed Standard vegetable seed In addition to seed oriented to marketing there are processed or stored in the production unit: Seed for the use of own production unit Other seed not subject to control Imported seed Additional information: Date: Signature: Annex 3 to the «Categories of vegetable seed, and procedures for packaging, marketing and importation of vegetable seed» REQUIREMENTS ON OFFICIAL LABEL AND FORMAT AND CONTENTS OF SEED CERTIFICATE 1. The minimal size of the label (except small packets) is 110 x 67 mm. 2. The official label of pre-basic seed must be of white color with violet diagonal stripe and bear the following information: 1) «certified seed»; 2) Plant Production Inspectorate, Estonia (competent authority and country, or respective abbreviations); 3) month and year of sealing marked as «sealed in . . . . . (month and year)»; 4) number of the lot; 5) species; 6) variety; 7) «pre-basic seed»; 8) country of production; 9) declared net or gross weight; 10) upon use of granulated pesticides, substances of graining or other solid additives, the approximate share of pure seed in total weight; 11) in case of seed packaged in Estonia purity, germination and number of packager. 3. The official label of basic seed must be of white color and that of certified seed of blue color, and bear the following information, except in case of small packets: 1) «certified seed»; 2) Plant Production Inspectorate, Estonia (competent authority and country, or respective abbreviations); 3) month and year of sealing marked as «sealed in . . . . (month and year)»; 4) number of the lot; 5) species; 6) variety; 7) category; 8) country of production; 9) declared net or gross weight, or number of seeds; 10) upon use of granulated pesticides, substances of graining or other solid additives, the approximate share of pure seed in total weight; 11) in case of seed packaged in Estonia purity, germination and number of packager. 4. The producer label of standard seed must be of dark yellow color and bear the following information, except in case of small packets: 1) name and address of the owner of the license (producer or packager of seed) or person responsible for labeling for the owner, or lead seal or mark enabling the identification of the owner or such person; 2) month and year of sealing marked as «sealed in . . . . . (month and year)»; 3) species; 4) variety; 5) «standard seed»; 6) number of the lot given by the person responsible for labeling; 7) declared net or gross weight; 8) upon use of granulated pesticides, substances of graining or other solid additives, the approximate share of pure seed in total weight; 9) germination, in case of seed packaged in Estonia. 5. The producer label of small packets of certified seed must be of blue color and bear the following information: 1) name and address of packager, or number of packager enabling identification of the packager; 2) year of packaging; 3) species; 4) variety; 5) «certified seed»; 6) number of the lot enabling identification of the seed lot; 7) declared net or gross weight, or number of seeds; 8) upon use of granulated pesticides, substances of graining or other solid additives, the approximate share of pure seed in total weight; 9) in case of seed packaged in Estonia, germination and number of packager. 6. The label of small packets of standard seed weighing more than 50 g must be of dark yellow color and bear the following information: 1) species; 2) variety; 3) name and address responsible for marking the packet, or lead seal or mark enabling the identification of this person; 4) declared net or gross weight, or number of seeds; 5) «standard seed»; 6) year of packaging; 7) number of the lot enabling identification of the seed lot; 8) upon use of granulated pesticides, substances of graining or other solid additives, the approximate share of pure seed in total weight; 9) germination, in case of seed packaged in Estonia. 7. The small packet of standard seed weighing less than 50 g must bear the following information: 1) name of packager or number of packager enabling identification or name of importer; 2) species; 3) variety; 4) declared net or gross weight, or number of seeds; 5) year of packaging; 6) number of the lot enabling identification of the seed lot; 7) upon use of granulated pesticides, substances of graining or other solid additives, the approximate share of pure seed in total weight; 8) germination; 9) short description of the variety and growing instructions in Estonian. 8. The requirements on format and contents of the seed certificate are annexed to these requirements. Annex to «Requirements on official label and format and contents of seed certificate» PLANT PRODUCTION INSPECTORATE SEED CERTIFICATE NO Owner of the seed lot Name, address, No of packager Species Variety Category No of seed lot Weight of lot, kg No of packages, pcs Net weight of package, kg No of certification act Date of sampling Seed sample analysed by the Seed Testing Laboratory of the Plant Production Control Centre: Purity Germination Moisture Weight of % of weight No of days % of No of contents, % 1000 seeds seeds Real Inert Seeds Normally Hard seeds addi- of other germinated seeds ves plants seeds (Papilio naceae) Seeds of other plants: Remarks: Issued on: (date) Signature: (First and family name) Stamp