Resolution on approval of the Regulations on seed farms of Kyrghyz Republic (No. 311 of 1997)

c:\mariusz\texts\kyr16576.doc THE GOVERNMENT OF THE KYRGHYZ REPUBLIC RESOLUTION House of Government, Bishkek May 31 1997, # 311 On approval of the Regulations on seed farms of Kyrghyz Republic In fulfilment of Government of Kyrghyz Republic Decree "On measures for stabilisation and improvement of crops seed breeding in the Kyrghyz Republic" of February 12, 1997, Government of the Kyrghyz Republic decrees : 1. To endorse the attached Regulations on seed farms in the Kyrghyz Republic. 2. Ministry of Agriculture and Water Resources (MAWR), Kyrghyz Agrarian Academy, oblast and raion state administrations before end of 1997 are to re register all seed farms, approved by the Government of the Kyrghyz Republic Decree of February 12, 1997 and approved by the given Decree. 3. To charge the Vice Prime Minister of the Kyrghyz Republic Abdimomunov K. A. with the powers to exercise control over the implementation of this Resolution. Prime Minister A. Jumagulov c:\mariusz\texts\kyr16576.doc Approved by the Decree of the Government of the Kyrghyz Republic May, 31, 1997 # 311 REGULATIONS On Seed Farms of the Kyrghyz Republic I. General 1. Seed Farm in the Kyrghyz Republic is a farming entity with no respect to its property type, staff or private owner of which voluntarily decided to produce and sell seeds of one or several crops and has sufficient facilities for it. 2. Status of the seed farm is awarded on the basis of a decision of the Government of the Kyrghyz Republic and mutual submission of MAWR and Kyrghyz Agrarian Academy. Presentation for award of the status of the seed farm is prepared on the basis of the application of the Head of Local Administration and thorough analysis of the materials on each particular seed farm. 3. Farming entity, which was awarded the status of the seed farm of Kyrghyz Republic in its activities shall be guided by the legislation of the Kyrghyz Republic, Presidential Orders and Decrees of the Government of the Kyrghyz Republic, the given Resolution and other normative acts. 4. Seed farm is an independent juridical person, has a stamp with State Arms of the Kyrghyz Republic and its name on it, its own balance sheet and bank account; it is responsible for solution of any issues, related to its competence by the given Resolution. 5. The Head of the Seed farm established on the lands of the Land Redistribution Fund under MAWR of the Kyrghyz Republic is appointed to the position of the Head and dismissed by the Order of the Minister of MAWR of the Kyrghyz Republic. The Head of the seed farm within the Agrarian Academy is appointed to the position of the Head and dismissed by the Order of the President of the Agrarian Academy. Peasant farms, farms and other private seed farms are headed by the Heads in accordance with their Charter, registered in related raion State administration. 6. The Head of the seed farm of the Kyrghyz Republic organises its activities and is responsible for its production and financial aspects. c:\mariusz\texts\kyr16576.doc Head of a seed farm of the Kyrghyz Republic acts on behalf of the farm without any special proxy and represents the farm in any organisation within the Kyrghyz Republic, as well as outside and do that on the basis of the Charter of the farm; within the frames of his authorities manages its property, signs agreements, issues proxies, opens bank accounts, signs bank documents, gives obligations and guarantees. II. Categories of the seed farms. Necessary requirements . 7. Seed farms of the Kyrghyz Republic in accordance with their functions are subdivided into three types : provided with the right to deal with primary seed breeding of agricultural crops; provided with the right to produce and sell Elite and R 1 seeds of agricultural crops (seed farms of the first group); provided with the right to produce and sell R 1,R 2 and R 3 seeds of agricultural crops (seed farms of the second group). 8. Seed farms of the Kyrghyz Republic, provided with the right to deal with primary seed breeding of agricultural crops establish primary nurseries, multiplication nurseries, as well as produce Super Elite and Elite seeds in the amounts agreed with MAWR and Kyrghyz Agrarian Academy. Agreed part of the produced Super Elite and Elite seeds is subject to sell the seed farms of farms of the first group. Seed farms of the Kyrghyz Republic of the first group sell produced seed to the of seed farms of the second group for implementation of planned cycle of variety rotation. Part of the produced Elite seeds and R 1 seeds on the basis of the agreements is purchased for Republic State Resources. Seed farms of the Kyrghyz Republic of the second group provide farms and peasant farms with their seeds. Seed farms of the second group by the assignments of oblast and raion executive bodies provide seeds for regional funds in order to establish minimum stock of seeds for the case of natural calamities. 9. Seed farms of the Kyrghyz Republic, provided with the right to deal with primary seed breeding of agricultural crops with consideration of the importance of their functions should meet the following requirements : to have skilled staff able to ensure technological cycle of the primary seed breeding; to follow rotation schemes on designated irrigated rotation crops; c:\mariusz\texts\kyr16576.doc to implement all prescribed norms and requirements of space isolation and other specific rules of seed breeding; to have at their disposal all types of agricultural machinery in order to reduce damage of seeds; to have facilities for storage of seeds; asphalt threshing-floors; the whole set of dressing stuff for seeds. These seeds farms, being exceptions, are not liable for breaking up. Seed farms of the Kyrghyz Republic of the first group are established on the basis of the farming entity with area of irrigated ploughed field not less than 500 hectares, including 30 % of seed or seed breeding crops. It should have crop rotation for each climatic zone of the republic and should be located on the lands specially designated within the lands of the Redistribution Fund under MAWR. Besides, Seed farms of the first group are obliged : to ensure implementation of technical norms on placing of seed or seed breeding crops in the Kyrghyz Republic; to observe accepted technology of production, harvesting, dressing and storage of seed or seed breeding crops; to have necessary set of agricultural machinery for preparing land for sowing, sowing and harvesting of the crops; to have seed cleaning machinery and dressing equipment; to have asphalt threshing-floors and typical facilities for storage of seeds. Seed farms of the second group should have area of irrigated ploughed field not less than 50 hectares, including 30 % of seed or seed breeding crops. Seed farms of the second group include farming entity with no respect to their property type, including farms and peasant farms, associations and amalgamations, agricultural cooperatives, Joint-stock companies, state experimental seed farms. Seed farms of the Kyrghyz Republic the second group are obliged : to observe crop rotations which could guarantee variety obstruction ; to have minimum necessary set of agricultural machinery for preparing land for sowing, sowing, dressing and harvesting; to have seed cleaning machinery for primary and secondary seed cleaning; to have asphalt or earth threshing-floors for placing of seed heaps just after harvesting and facilities for storage of seeds. c:\mariusz\texts\kyr16576.doc Other juridical and physical persons do not meet the requirements for seed breeding in the Kyrghyz Republic, have the right to get temporary licence for production and sell of seeds of one or several agricultural crops from the state agricultural body. It should be registered in raion seed inspection in special Roll of producers and sellers of seed material. III. Rights and responsibilities of the seed farm. 10. Seed farm of the Kyrghyz Republic has the right : to decide by its own the amount of production of seeds and sell them on agreed prices for republican, regional and other customers, as well as on the seed market but after observation of para. 8 of the given Resolution; to demand seed inspections to make tests of their seeds and issuing of documents (certificates) on quality. to be involved in other than seed breeding activities with no damage for seed breeding. 11. Seed farm of the Kyrghyz Republic is responsible for : strict observation of scientifically recommended and approved by MAWR technological schemes of producing of seed crops; to use in their farm and introduce seeds of varieties and hybrids, included into the List of varieties of the Kyrghyz Republic, other varieties and hybrids could be used only after special permission of the state agricultural department; to register amounts, origin and characteristics of seed sold and used in their farm; to ensure storage of the seed registration documents within 5 years; timely submit to the state agricultural department application for variety testing and field examination for hybrid production; to carry out examination of crops for revelation of quarantine objects and to ensure implementation of protection measures; to allow representatives of state seed bodies, seed inspections, certification inspections, inspections on quarantine fulfil their responsibilities to examine crops, seeds and financial documents. to carry out scientifically well-grounded of variety rotation of seed and seed breeding agricultural crops; c:\mariusz\texts\kyr16576.doc to implement strict laboratory control of produced seeds, to ensure full security of variety and sowing features of the seeds within the whole period of storage in the seed farm; to ensure systematic and correct documentation - documents on varieties and seeds, registration of seed funds; to observe accepted labelling and package system of all lots of seeds being stored in the seed farm; to carry out necessary measures for protection of labour, environment protection measures as well as other technological and ecological requirements; to improve professional skills of the staff. IV. Reorganisation of the seed farm and depriving of its status 12. Reorganisation of the seed farm of Kyrghyz Republic is carrying out on the basis of the decision of its staff (or private owner) to change direction of their activities. This decision should be reflected in Resolutions of raion state administration and the Government of the Kyrghyz Republic. The Government of the Kyrghyz Republic has the right to take a decision on deprivation of a seed farm of the right to carry out seed breeding activity in connection with failure to implement its responsibilities or rough violations of seed breeding activities. Such a decision is taken on the basis of well-grounded conclusion of MAWR and Kyrghyz Agrarian Academy.