COUNCIL OF MINISTERS REGULATIONS NO. 16/1997 The ETHIOPIAN SEEN COUNCIL OF MINISTERS REGULATIONS
These Regulations are issued by the Council of Ministers pursuant to Article 5 of the Definition of Powers and duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 4/1995
1. Short Title
These regulations may be cited as the “Ethiopian Seed Council of Ministers Regulations No. 16/1997.”
In these Regulations unless otherwise the context requires;
1) “Council” means the national Seed Industry Council composed of appropriate members from relevant organizations whose powers and duties are given under Proclamation No. 56/1993;
2) “Agency” means the national Seed Industry Agency;
3) “Variety” means subdivision of any kind of plant seed that can be differentiated from other subdivision of that kind by heritable characters;
4) “Certified Seed” means a seed produced in Ethiopia or imported seen that has been certified by the Agency or other body authorized to do this to conform to the standards established and that is intended for production;
5) “Seed” means true see, bulbs, tubers, cuttings, nursery plants of field and garden crops or any other plant material used for the propagation of plants;
6) “Prescribed Seed” means any seed to which provisions of this Regulations and Directive to be issued by the Agency are applicable;
7) “Release Committee” means the National Variety Release Committee;
8) “Person” means a natural person or juridical body;
9) “Seed Data Base” means the Seed Data Base of the National Seed Industry Agency;
10) “Purity” means analytical purity expressed as a percentage, weight or other means;
11) “Objectionable Weed Seeds” means seeds of a specific weed species identified as such and is subject to the provisions of these Regulations.
12) “Label” means any legend, symbol or design;
13) “Advertisement” means any statement, picture, design or device published in any newspaper or other publications and brought to the notice of the public;
14) “Seed Processing Plant” means any premises used for seed processing (Cleaning, grading, treating, bagging and labeling);
15) “Restricted Seed” means seed prohibited from being imported into Ethiopia or exported from Ethiopia or seed put under restriction.
3. Scope of Application
1) These Regulations shall apply to any prescribed seeds of any designated variety of any plant species as may be specified by the Council.
2) The provisions of this Regulations shall not apply to a seed produced by a farmer on his own field and sold directly to another farmer. However, these Regulations shall apply on any producer, processor and distributor who advertised his seed to participate on a sale of seeds.
3) Unless used for seed, provisions of these Regulations shall not apply to seeds of plants intended for other purposes.
4. Naming, Approval and Registration of Varieties
A new variety of any plant species subject to the provisions of these Regulations shall be approved, named and registered only when such a variety conforms to the terms and conditions prescribed by the Release Committee.
5. Registration and Work Permit
1) The Agency shall issue Directives under which producers, importers, processors, distributors or sellers of a prescribed seed are registered.
2) No person shall engage in the business of production, importation, processing, distribution or sale of any prescribed seed unless he has been registered by the Agency.
3) An application for registration as a producer, importer, processor, distributor or seller of a prescribed seed shall be made to the Agency in the prescribed manner and shall be accompanied with such fees as may be prescribed.
4) The Agency may impose such conditions and limitations upon registration of any producer, importer, processor, distributor or seller of a prescribed seed as ma be deemed necessary including limitations as to the hectarage to be cultivated under specified variety or varieties to be produced by such applicant or season, region or special isolation requirements or otherwise, to ensure that the applicant complies with the provisions of these Regulations or with any prescribed requirements.
5) A registration under this Article shall be valid until canceled under the provisions of these Regulations but shall be subject to payment of such fees as may be prescribed to be payable annually.
6) The Agency, for good cause to do so, may cancel the registration or make any alterations in any respect before the expiry date of registration and in such cases the following provisions apply:
(a) the Agency shall not make any such cancellation or alterations unless he has given to the registered person at least fourteen days notice in writing that the Agency is considering making the cancellation or alteration and shall state the grounds for doing so.
(b) The Agency shall consider any grievance in relation to such alteration and cancellations made to it by the person to whom notice under (a) was given and shall give to the person its decision in writing within 14 days. e
7) A refusal of an application for registration as a producer, importer, processor, distributor or seller of a prescribed seed shall not preclude the applicant from making a fresh application for registration at any subsequent time provided the necessary corrections are made to the satisfaction of the Agency.
8) For the purpose of considering an application for registration as a producer, importer, processor, distributor or seller of a prescribed seed the Agency or any authority appointed by it may at any reasonable time inspect the field, warehousing, storage, and other facilities which the applicant proposes to use in and about his business.
6. Keeping Records
Any registered producer, importer, processor, distributor or seller of a prescribed seed shall:
1) record and keep particulars of each field, seed produced, imported, processed, purchased and sold;
2) keep records of seed samples on which analyses have been made.
3) Provide such record kept above under sub-Articles (1) and (2) when requested for the Agency’s Seed Data Base or Inspector for control.
7. Quality Control
1) the Ethiopian Authority for Standardization shall prescribe quality standards with respect to a prescribed seed of a designated variety and the Agency shall adopt the quality standards for the purpose of these Regulations.
2) If upon test made under sub Article (1) of this Article, it is found and reported by an Official Seed-Tester that any prescribed seed does not conform to the prescribed quality standards, the owner thereof shall forthwith arrange for the prescribed seed to the treated or cleaned.
3) Where any prescribed seed has been treated or cleaned pursuant to sub-Article (2) of this Article the owner may request a Seed-Inspector a further test. The owner n as he so desires, cause further treatments or processing of such prescribed seed to be effected and further tests to be made in like manner until such time as the prescribed seed is found and reported by the Official Seed-Tester to conform to quality standards prescribed in sub-Article (1) of this Article.
4) In such cases as the owner causes repeated testing of such a seed as prescribed in sub Article (3) of this Article, the owner shall pay such fees as may be prescribed for each test.
Subject to the provisions f these Regulations, any registered seed seller who sells any prescribed seed which has been tested in accordance with the provisions of Article 7 and found to comply with the provisions of Article 9 shall do the following:
1) If the prescribed seed to be sold is in a sealed container, the seller would cause:
(a) the name of the company and its emblem,
(b) the words, “Certified Seed” or “Imported Certified Seed” as the case may be,
(c) the date upon which the prescribed seed was tested, and
(d) other specified particulars to be printed or stamped upon such container or upon a specified label attached there to or enclosed therein.
2) If the prescribed seed is sold in bulk quantities:
(a) and the seller is the person who caused the test to be made, furnish to the buyer at the time of sale a statement in writing containing the name and address of the seed-testing station where the test was made, the date of the test, a declaration that the bulk quantity sold is all or part of that from which the sample tested was taken and such other particulars.
(b) and the seller is not the person who caused the test to be made, furnish to the buyer at the time of sale a copy of the statement furnished under the provisions of sub Article 2(a) of this Article and shall endorse thereon a declaration that the bulk quantity sold by him is all or part of the seed sold.
9. Control of Sale of Seeds
1) No person shall sell any prescribed seed unless he has a seed seller’s work permit issued to sell for sowing a prescribed seed in accordance with the terms and conditions of the work permit.
2) The Agency may impose such conditions with regard to the issuance of the work permit as it may deem to be necessary in order to insure that the applicant complies with the provisions of these Regulations.
3) Any person can sell, keep for sale, offer for sale, exchange in kind or supply through other means if only:
(a) such seed is identifiable to its designated variety;
(b) a sample of the seeds, taken in the prescribed manner, has been tested at an official seed testing station;
(c) such seed conforms to the minimum limits or tolerance levels of germination and purity and maximum levels of moisture content and total and/or objectionable weed seeds specified under Article 7; and
(d) the container is distinctly marked in prescribed manner to reflect that the contents conform with the provisions of Article 8.
10. Seed Certification
Subject to the provisions of these Regulations, seed shall be certified by the Agency or other authorized body as follows:
1) In the case of seed produced in Ethiopia as “Certified Seed” or
2) In the case of imported seed as “Imported Certified Seed.”
11. Recognition of Certification Agencies of Foreign Countries
The Agency may recognize any certification agencies established in any foreign country for the purpose of these Regulations.
12. Issuance of Certificate
1) A person who sells, keeps for sale, offer for sale, exchange in kind or supply through other means any prescribed seed of any designated variety:
(a) if he desires to have such seed certified, apply to the Agency or other authorized body to do this for the issuance of a certificate.
(b) an application made under sub Article (1) (a) of this Article shall be made in the prescribed manner and shall be accompanied with such fees as may be prescribed.
2) Issuance of certificate shall be carried out in the following manner:
(a) Regarding prescribed seed produced in Ethiopia, an applicant shows to the Agency or other authorized body to certify that his seed:
1) is of a specified variety in the current Variety List;
2) is of a known certification class;
3) has been produced by a registered seed producer;
4) has been produced as prescribed;
5) has been inspected during cultivation as prescribed; and
6) has been tested in accordance with the provisions of these Regulations and tound to conform to the minimum limits or tolerance levels of germination and purity, and maximum limits of moisture content and total and/or objectionable weed seed.
(b) Regarding particular prescribed seed imported into Ethiopia, an applicant shows to the Agency or other authorized body to certify that his seed;
1) is imported into Ethiopia by a registered seed importer;
2) is tested in accordance with the provisions of article 7 and 8 of these Regulations;
3) is certified as “Certified Seed” under the current laws of the country of its origin;
4) is produced under conditions conforming to the standards equal to or higher than those prescribed for the production and certification of “Certified Seed”;
5) complies with the provisions of plant quarantine regulations on importation of seeds, Council of ministers Regulation No. 4/1992;
6) complies with the provisions of Article 4 of these Regulations the Agency may certify such seed as “Imported Certified Seed” in such form and on such conditions as may be prescribed.
(c) The Agency or other authorized body for certification, after insuring that conditions enumerated under this Article sub-Articles 2(a) and (b) have been satisfactorily fulfilled, may certify such seed is “Certified Seed” or Imported Certified Seed as the case may be in such form and on such conditions as may be prescribed.
(d) Having certified any seed as “Certified Seed” or “Imported Certified Seed” on the basis of this Article, sub-Articles 2(a) and (b), the Agency shall issue to the registered producer or importer as the case may be, a certificate in such form and on such conditions as may be prescribed.
13. Revocation of Certificate
1) The Agency may revoke the certificate issued under these Regulations if:
(a) The certificate issued by it under Article 12 has been obtained by misrepresentation as to essential conditions; or
(b) The holder of the certificate has, without reasonable cause, failed to comply with the conditions subject to which the certificate has been issued or has contravened any of the provisions of these Regulations or the Directives thereunder.
2) The Agency, before revoking the certificate, may give the holder of a certificate an opportunity of cause.
3) Even in the absence of this Article the offender’s being liable under appropriate criminal code is respected.
14. Establishing and/or Recognizing Seed Testing Stations and Appointing Seed Analysts
1) The Agency, in consultation with the Council, shall establish and/or recognize seed testing stations in Ethiopia where testing of a prescribed seed shall be carried out in a prescribed manner.
2) The Agency shall appoint Seed Analysts to perform seed testing in accordance with the terms and conditions as may be prescribed.
15. Sampling and Analyses for Seed Testing
1) Any person who has produced or acquired any prescribed seed which has not been tested for quality tests and intends to sell such seed, before selling, should take a sample thereof in the manner prescribed and deliver the sample to a seed testing station established or recognized by the Agency.
2) As indicated above, a person who delivers seed samples for testing should include (as may be prescribed by the Agency) particulars such as the origin, type, etc.
3) The testing of a sample of prescribed seed pursuant to sub Article (1) of this Article shall be subject to such payment of fees as may be prescribed.
4) Upon receipt, at the seed testing station, of any sample taken pursuant tosub-Article (1) of this Article, the official seed-analyst shall analyze the sample in a prescribed procedure and provide the person who sought the test with the report thereof, the findings resultant therein and such other particulars as may appear to the official seed analyst necessary for or relevant to the report.
16. Seed Inspection
1) The Agency shall appoint a Seed Inspector for the purpose of these Regulations.
2) The Agency shall issue a certificate of authority to inspect to each seed inspector.
3) A seed inspector shall produce his certificate of authority given under this Article sub-Article (2) upon the demand of any person affected by the inspector exercising any of his powers under these Regulations.
4) A Seed Inspector may take samples of any seed or plant in a prescribed manner for any of the following purposes:
(a) to determine whether the seed is a prescribed seed of a designated variety;
(b) to determine if the designated variety is cultivated in conformation with the prescribed standard;
(c) to determine if the prescribed seed conforms to the quality standards prescribed under these Regulations;
(d) for such other purposes as may be deemed necessary by the inspector in relation to his powers under these Regulations;
5) A Seed Inspector may, for the purposes of Execution of these Regulations at any reasonable time enter upon any land, building, vehicle, or seed processing plant which he has reasonable cause to believe is being used in the business of prescribed seed in contravention of these Regulation and inspect the same, may seize and detain the license offered to run the business.
6) A Seed Inspector who has seized and detained the license pursuant to the authority under sub-Article (5) of this Article shall give to the person from whom such license was seized a receipt with seizure’s explanation and inspector’s signature.
7) The inspector after detaining such a license as indicated in sub Article (5) of this Article shall bring the case within fifteen days to a relevant court.
17. Import and Export of Seeds
1) No person shall import into Ethiopia or export from Ethiopia for sale any prescribed seed unless he is a registered seed importer or a registered seed exporter.
2) No registered seed importer or exporter shall import into Ethiopia or export from Ethiopia any prescribed seed unless all of the following are fulfilled:
(a) such seed is not restricted seed;
(b) such seed conforms to the standards of minimum limits or tolerance levels of germination and purity and maximum limits of moisture content and total and/or objectionable weed seed as may be prescribed;
(c) such seed is labeled and packed in such a container which complies with the provisions of these Regulations;
(d) complies with the provisions of plant quarantine Regulations on importation of seeds, Council of Ministers Regulations No. 4/1992;
(e) such seed complies with the provisions of Article 4 of these Regulations, and
(f) the name of the variety appears in the Variety List of the country of its origin and is shown on an invoice or delivery note.
3) The Council may exempt the importation of the prescribed seed from conditions stated in sub-Article 2(f) of this Article when it is not possible to receive a certificate from the country of its origin due to the urgency of importing the seeds, or seeds imported into Ethiopia for experimental purposes or such conditions as may be prescribed by the Council.
1) Any person aggrieved by a decision of the Agency under Articles 4,5,12 and 13, of this Regulation may, within thirty days from the date on which the decision is communicated to him and on payment of such fees as may be prescribed, appeal to the Council or to such authority as may be appointed by the Council to act in his stead.
2) The appellate authority may entertain any appeal after the expiry of the said period of thirty days if it is satisfied that the appeallant was prevented by sufficient cause from filling the appeal on time; the appellate authority shall proceed with the hearing and making decision thereof.
3) On receipt of an appeal under sub-Article (1) of this Article, the appellate authority shall, giving the appellant an opportunity of being heard, dispose the appeal expeditiously.
4) Any decision made by the appellate authority under this Article shall be final and binding.
19. Issuance of Directives
1) The council may issue Directives for the proper execution of these Regulations in regard to all matters of the following:
(a) new varieties, seed producers, importers, processors, distributors and sellers, seed quality control, sale of seeds, seed certification, seed tests, and import and export of sees;
(b) work permit issued by the Agency to prescribed seed producers, importers, exporters, processors, distributors and sellers; getting the work permit, work permit renewal, work permit validity period, renewal and cancellation condition; or
(c) the Council may also issue other directives necessary for the proper execution of these Regulation.
20. Inapplicable Regulations
No Regulations shall, in so far as it is in consistent with these Regulations, have force or effect in respect of matters provided for in these Regulations.
21. Entry Into Force
These Regulations shall enter into force on the date of its publications in the Federal Negarit Gazetta.
Done at Addis Ababa, this 10th day of March, 1997.
PRIME MINISTER OF THE FEDERAL DEMOCRATIC
REPUBLIC OF ETHIOPIA