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Data of the RF Ministry of Economic Development and Trade on Unprofitable Activities of Supervision Agencies, as the Vedomosti Newspaper Reported on 18.05.11 (Variety and Seed Control)

The Rosselkhoznadzor activities in the sphere of state variety and seed control are focused on:

- protection of population and the country’s territory from import of agricultural seeds, contaminated with dangerous pests and diseases,

- control and surveillance over the compliance of legal and natural persons with the RF legislation in the sphere of seed farming in order to create conditions aimed at providing the Russian agricultural manufacturers with domestic and foreign seeds of guaranteed quality in compliance with regulatory requirements.

Furthermore, while performing its state duties the Rosselkhoznadzor as well as other regulatory services did not make self-repayment its mission. In 2010, in the course of state variety and seed control the Rosselkhoznadzor detected more than 11.000 violations of the RF legislation in the sphere of seed farming. As a result of the Service activities more than 5,500 violations detected in the sphere of seed farming were eliminated. The territorial administrations of the Rosselkhoznadzor imposed administrative fines on citizens, officials, legal persons and private entrepreneurs in total amount of 8,2 million rubles; 7,5 million rubles were collected (92% of the total sum). In the course of inspections the specialists of the territorial administrations of the Rosselkhoznadzor control the seed consignments selectively. They take samples and carry out laboratory testing in federal state institutions subordinate to the Rosselkhoznadzor. For the year 2010 these services analyzed more than 164.000 agricultural seed samples from 68, 7 seed consignments (total weight > 2,3 million tons). The main aim of the Rosselkhoznadzor in the course of control and surveillance activities in the sphere of state variety and seed control is focused on compliance of legal and natural persons and officials with the RF legislation on seed farming, but not on fine recovery. The articles of the Administrative Offences Code of the Russian Federation (KoAP RF) provide for the administrative liability for violations of seed procurement, treatment, storage, realization, transportation and usage (Article 10.12 KoAP RF). It is envisaged in the form of warning or an administrative fine: - 300-500 rubles for citizens, and 500-10.000 for legal persons.

The administrative liability is envisaged for violations of rules of documentation maintenance for agricultural seeds or filling it with incorrect data concerning variety and sowing qualities of seeds in the form of an administrative fine – 100-300 rubles for citizens, 3000-5000 rubles for legal persons. The administrative liability for violations of rules of agricultural seed import into the RF territory (Article 10.14 KoAP RF) is envisaged in the form of a fine - 1500-2000 rubles for citizens and 30.000-40.000 rubles for legal persons. In most of the cases it is economically easier for the entrepreneurs to pay the fine than fulfill the requirements of the RF legislation in the sphere of seed farming due to the small fines. Thereby a socially-dangerous precedent has been established, it leads to mass non-compliance with Article 15 of the RF Constitution. Taking this into account, the Rosselkhoznadzor forwarded proposals to the RF Ministry of Agriculture to strengthen the administrative liability for violations of the legislation requirements in the sphere of agricultural seeds farming (Letters dd. 17.01.2011 No. FS-AS-3/239 and dd. 04.03.2011 No. FS-NF-3/2527). Thus for violations of procurement, storage, realization, transportation and usage of seeds (Article 10.12 KoAP RF) it is recommended to enhance the administrative liability in the form of a fine – 300-1000 rubles for citizens and 5000-50.000 rubles for legal persons. For violations of rules of agricultural seeds import into the RF territory (Article 10.14 KoAP RF) the fine should be – 1.500-5.000 rubles for citizens and 500.000- 750.000 rubles for legal persons. The Ministry of Agriculture of the Russian Federation took into consideration the Rosselkhoznadzor proposals to strengthen the administrative liability for violations of legislation requirements in the sphere of plant farming (Articles 10.12 – 10.14 KoAP RF) within the limits stated and included them into the draft Federal law “Amendments to “Seed Production Federal Law” and some other legal acts of the Russian Federation” that is being agreed by federal executive bodies.

May 20, 2011

Categorys: Seed control