ميانمار

The Law Amending the Seed Law

(Pyidaungsu Hluttaw Law No.5, 2015)

The 1st Waxing of Tabaung , 1376. M.E.

(18th February, 2015)

The Pyidaungsu Hluttaw hereby enacts this Law.

1. This Law shall be called the Law Amending the Seed Law.

2. In section 2 of the Seed Law:

(a) After sub-section (e), sub-section (e-1) and (e-2) shall be inserted as

follows:

“(e-1) Parental Line means the Line used as parent to breed and produce

plant variety.

(e-2) Perennial Crop means crop that is cultivated continually and

which is enable to obtain benefit till a certain period of the

category of plant respectively.

(b) The expression “commercial distribution” contained in sub-section (i)

shall be substituted by the expression “or commercial distribution either

by exporting.”

(c) The expression “weight or volume stipulated” contained in sub-section

(j) shall be substituted by the expression “weight or volume stipulated of

the crop category respectively”

3. The expression “National Seed Committee” contained in the Seed Law shall

be substituted by the expression “National Seed-related Committee”.

4. The expression “Myanmar Agriculture Service” shall be substituted by the

expressions “Department of Agriculture” and the expression “Managing Director”

contained in the Seed Law shall be substituted by the expression “Director General”

respectively.

2

5. After sub-section (g) of section 5, sub-section (h) of the Seed Law shall be

inserted as follows and sub-section (h) contained in the original Law shall be

renumbered as sub-section (i):

“(h) prescribing the registration certificate fee, the registration certificate

renewal fee, licence fee, licence renewal fee and other fees with the

approval of the Ministry;

6. The expression “Deputy Director General of the Department of Agriculture

Research” contained in sub-section (a) of section 6 of the Seed Law shall be

substituted by the expression “Director (Seed Division), Department of Agriculture”.

7. Section 8 of the Seed Law shall be substituted as follows:

“8. (a) a person desirous of importing for adaptability test to obtain

recognition certificate of new plant variety shall apply to the

National Seed-related Committee with complete facts together

with seed sample in accord with the stipulations to obtain

recommendation for new plant variety that he desires to import.

(b) The National Seed-related Committee may, in respect of

application under sub-section (a), issue recommendation to import

of new plant variety after causing the Technical Seed Committee

to scrutinize in accord with the stipulations.

8. Section 9 of the Seed Law shall be substituted as follows:

“9. (a) Any person desirous of producing or importing the new plant

variety for commercial purpose shall apply to the National Seed-

related Committee in accord with the stipulation by submitting

complete facts of the new plant variety together with seed sample

to obtain the recognition certificate for the new plant variety

which he desires to produce or import.

3

(b) The National Seed-related Committee shall, in respect of

application under sub-section (a), assign duty to the Technical

Seed Committee to submit it after adaptability test. In assigning

so, adaptability test on the parental line of hybrid and perennial

crop may be exempted.

9. Section 10 of the Seed Law shall be substituted as follows:

“10. The Technical Seed Committee shall:

(a) recognize as the new plant variety after adaptability test in three

locations at least one season which have different ecosystem and is

appropriate for the plant variety, scrutinize whether or not to recognize

based on the following facts:

(i) whether or not adaptable to cultivate in local;

(ii) whether or not the adapted new plant variety has better

significance than the existing plant variety and has distinct

quality;

(iii) Whether or not the new plant variety may affect the natural

environment and biodiversity.

(b) submit to the National Seed-related Committee together with the

remarks whether or not to issue recognition certificate after scrutinizing

the new plant variety under sub-section (a) or complete records of

quality characters and information records relevant to parental line and

perennial crops after scrutinizing.

10. The expression “recommended” contained in sub-section (a) of section 11 of

the Seed Law shall be substituted by the expression “with remarks” and the

expression “applied to produce or introduce” shall be deleted.

4

11. The expression “seed category” contained in sub-section (b) of section 16 of

the Seed Law shall be substituted by the expression “crop category”.

12. After sub-section (d), clause (viii) of section 18 of the Seed Law, new clause

(viii-a) shall be inserted as follows.

“(viii-a) the recommendation of the Seed Quality Testing Laboratory obtained

the registration certificate recognized by the National Seed-related

Committee.

13. The expression “two hundred thousand kyats” contained in section 28 of the

Seed Law shall be substituted by the expression “ten hundred thousand kyats”.

14. The expression “one hundred thousand kyats” contained in section 29 of the

Seed Law shall be substituted by the expression “ten hundred thousand kyats”.

15. In section 31 of the Seed Law:

(a) the expression “distribution and sale” contained in sub-section (a) shall

be substituted by the expression “distribution and sale of seed which is

not for commercial purpose”.

(b) the expression “not for multiplication” in sub-section (b) shall be

substituted by the expression “grain not for multiplication.

16. The expression “the peasants and seed researchers who produce seed”

contained in section 32 of the Seed Law shall be substituted by the expression “the

farmers and seed researchers who produce seed not for commercial purpose”.

17. Section 33 of the Seed Law shall be substituted as follows:

“33. The Department of Agriculture may, if the necessity of plant variety to

recultivate the crop arises due to the natural disaster and other damage,

allow to recultivate the grains which should be used as plant varieties.

5

18. The expression “any government department and organization contained in

section 34 of the Seed Law shall be substituted by the expression “government

departments”.

19. After the expression “desirous of introducing” contained in section 37 of the

Seed Law, the expression “or desirous of exporting” shall be inserted.

20. Section 39 of the Seed Law shall be substituted as follows:

“39. (a) The office work of the National Seed-related Committee and the

Technical Seed Committee shall be carried out by the Department

of Agriculture.

(b) The office work of sub-committees formed under section 7 shall

be carried out by the relevant department under the Ministry.

I hereby sign under the Constitution of the Republic of the Union.

Sd/ TheinSein

President

The Republic of the Union of Myanmar