Seed Legislation in Pakistan

Muhammad Farooq
 Historical perspectives

1947-1961 – No seed production and distribution system

1961 – Food and Agriculture Commission - West Pakistan Agricultural
Development Corporation (WPADC) was created for procurement and
distribution of seeds
1972 - WPADC dissolved
Provincial Govt. - Seed production, multiplication, procurement and distribution
 Seed Act 1976

Government of Pakistan initiated “Seed Industry Development Project” on

the recommendation of World Bank Appraisal Mission’s Report, which
provided legislative support through Seed Act, 1976
This enactment provided regulatory mechanism for controlling and
regulating the quality seed through setting up of necessary institutional
infrastructure which includes
National Seed Council (NSC) and Provincial Seed Councils (PSC)
Federal Seed Certification Agency (FSCA) and National Seed Registration Agency
(NSRA)
FSCA and NSRA were merged together as Federal Seed Certification and Registration
Department (FSC&RD) in 1997 for austerity measures
 Composition of National Seed Council (NSC)

1. Federal Minister of Agriculture, MINFAL (Chairman)

2. Secretary, MINFAL (Member)
3. Chairman, Pakistan Agriculture Research Council (PARC) (Member)
4. Secretary Agriculture (All Provinces)
5. Director General, FSC&RD
6. Managing Director, Punjab and Sindh Seed Corporations
7. Director Generals, Agriculture Department, NWFP & Baluchistan
8. Seed grower representative from each province
9. Progressive grower from each province
10. Four representatives of private seed sector
11. Agricultural Development Commissioner (ADC), MINFAL (Member/Secretary)
 Functions of National Seed Council (NSC)

Advice on policy for development, operation and regulation of provincial

seed industry
Direct initiation of provincial seed projects
Protect/ensure investment in seed industry, approve/ sanction seed standards,
regulate inter-provincial seed movement, advice on seed imports
Provide guidance in administering the seed quality control service
Coordinate multiplication and supply of seeds of approved varieties
 Ministry of Food, Agriculture & Livestock
(MINFAL) Islamabad
National Seed Council (NSC)

PrSC PrSC PrSC PrSC FSC&RD

Punjab Sindh KPK Baluchistan Islamabad

PSC SSC DOA DOA

PrSC = Provincial Seed Council

PSC = Punjab Seed Corporation
SSC = Sindh Seed Corporation
DOA = Department of Agriculture
FSC&RD = Federal Seed Certification & Registration Department, Islamabad
 Functions of FSC&RD
(Section 6 of Seed Act, 1976)

1) Control the quality of seeds

2) Register growers in such manner and subject to such condition as may be
prescribed
3) Certification of seeds
4) Field inspection of the crops of registered varieties and released varieties intended
for sale as basic seed or certified seed
5) Sampling and testing of seed lots intended for sale in order to as certain their
purity, viability, germination capacity and health status in the prescribed manner
 Functions of FSC&RD
(Section 6 of Seed Act, 1976)

6) Issue certificates in respect of seed which meet the prescribed

standards of particular category of seeds
7) Carry out post-control trials on pre-basic, basic and certified seeds
8) Sampling and analyzing seed lots delivered to the processing plants to
establish a basis for the purchase of such lots
9) Arrange training courses for Seed Certification Officer and
10) Provide technical and specialist advices and assistance to the National
Seed Council in the performance of its functions
 Functions of FSC&RD
(Section 8 of Seed Act, 1976)

11) Conduct pre-registration checking of varieties submitted for the

purpose of:
Determine suitability for registration as a variety
Provide definitive botanical description of crop varieties and
Provide information on genetic suitability and adaptability of varieties
Register seed varieties after conducting pre-registration checking under
clause (i)
Publish a list of registered seed varieties and
Perform such other functions as the National Seed Council may entrust to it
 Infrastructure of FSC&RD
Regions Stations Existing Stations New Stations
Headquarters 1 Islamabad --
KPK 4 Peshawar, Mingora, Abbotabad
D.I. Khan
Punjab 14 Lahore, Sargodha, D.G. Khan, Vehari,
Sahiwal, Khanewal, Gujranwala, T.T. Singh,
Multan, Faisalabad, Bahawalpur, Bhakkar,
R.Y. Khan Bahawalnagar
Sindh 6 Hyderabad, Karachi, Larkana, Mirpurkhas
Sukkur, Sakrand
Baluchistan 2 Quetta Dera Allah Yar
N. Areas 2 Gilgit Sakardu
AJK 2 -- Muzaffarabad, Mirpur
Total 31 17 14
 Composition of Provincial Seed Council (PrSC)

1. Provincial Minister of Agriculture (Chairman)

2. Secretary Agriculture, Provincial Government (Member)
3. Agricultural Development Commissioner (ADC), MINFAL (Member)
4. Director General, FSC&RD (Member)
5. Director General, Agriculture Extension/Research (Member)
6. Vice President, Pakistan Central Cotton Committee (PCCC)- Member
7. Director General, National Agricultural Research Council (NARC)- Pakistan
Agricultural Research Council (PARC) - Member
8. Managing Directors, Punjab & Sindh Seed Corporations (Member Secretary)
9. Representative of Seed Growers (Member)
10. Representatives of private seed companies (Member)
 Functions of Provincial Seed Council (PrSC)

1. Advice on policy for development, operation and regulation of provincial

seed industry

2. Recommend changes in seed law, advice on seed standards and quality

control, advice on maintenance, multiplication, supply of pure and healthy
seeds of new varieties, advice on development of seed production farms,
recommend for release of selected new varieties, recommend withdrawal of
certain deteriorated varieties
 Regulation of sale of seeds of (plant) varieties and species

No person shall, sell, offer for sale, or advertise or hold in stock for sale, or
barter or otherwise supply, any seed of any notified variety or species unless
a) Such seed is identifiable as to its variety or species
b) Such seed conforms to the minimum limits of germination and purity
standards
c) The container of such seed bears the mark and label containing correct
particulars in the prescribed manner

No person shall sell, advertise or hold in stock for sale, seed of any plant
variety or hybrid banned or not approved by the Federal Government or a
Provincial Government.
Appointment of registered growers

The Federal Seed Certification and Registration Department may,

on the recommendation of a Provincial Seed Council, register any
farmer or grower as a registered grower to produce seed in the
prescribed manner
Grant of certificate by Federal Certification and Registration
Department

Any person intending to produce notified varieties or species of

seed, or stock for sale, or offer for distribution or otherwise supply
seed, of a notified variety or species may, if he desires to have such
seed certified or tested by the Federal Seed Certification and
Registration Department, apply to the said Agency for the grant of a
certificate
Cancellation of certification

If the certificate holder failed to comply with the conditions

subject to which the certificate has been granted or has contravened
any of the provisions of this Act or the rules, then, without prejudice
to any other penalty to which the holder of the certificate may be
liable under this Act, the Federal Seed Certification and Registration
Department may, after giving the holder an opportunity of showing
cause, cancel the certificate.
Introduction and Registration of Private Seed Companies

Until 1980 most of the seed production, procurement and

distribution was the mandate of public sector seed corporations and
provincial research system

From 1981 the private seed companies entered in the seed

business one by one

An “Inter-Ministerial Working Group” was been constituted in the

MINFAL that was responsible for evaluating the proposals and
registration/ deregistration of new seed companies in all the
provinces of the country
Cont.…

The Working Group comprised:

Agriculture Development Commissioner (ADC), MINFAL (CM)
Secretary, Agriculture of each province
Secretary Agriculture – AJK
Chief Food & Agriculture – Planning Division
Managing Directors, Punjab & Sind Seed Corporations
Director General, Federal Seed Certification & Registration
Department
 Seed Generation System Categories/ Classes/ Production/ Identification of Seeds

Category/Class Definition Identification

Breeder nucleus seed The purest seed of a particular variety Not certified by FSC&RD so labels are
prepared by the breeder of a particular not issued. Identified by Seed Testing
research station/institute Report/Certificate
Pre-basic Seed Progeny of Breeder/Nucleus Seed White color labels with diagonal violet
(BNS), highest genetic purity seed line issued by FSC&RD
produced by the respective research
institutes/breeders
Basic Seed Progeny of pre-basic seed and produced White color labels issued by FSC&RD
by an organization set up by the
provincial government
Certified Seed Progeny of basic seed and is produced Blue color labels issued by FSC&RD
with the registered growers of the seed
producing agencies
Approved Seed Seed true to species as approved by the Yellow color labels issued by FSC&RD
FSC&RD
Truthfully Labeled Seed As imported by the importers under Pink color labels of importing agency
Seed (Truth in Labeling Rules, 1991)
and assurance of the quality lies on the
importers
 Traditional Variety Approval System

Selection of best performing strains by the plant breeder in Micro-varietal Trials (MVTs)
Performance and Adaptability testing through Zonal Varietal trails (ZVTs)
National Uniform Yield Trials (NUYTs) by concerned National Crop Coordinator of PCCC for
cotton and NARC/PARC (other crops)
Receive application, Spot examination, evaluation for performance, quality and resistance etc.
by Technical Experts Sub-Committees (TESCs)
TESCs recommend to Provincial Seed Councils (PrSC) for approval/rejection of the variety
Variety Evaluation Committee (VEC) of National Seed Council (NSC) recommends the
variety to PrSC
Respective PrSC then Approves the Variety
NSC finally notifies the variety as Released/Approved
Registration of the variety by FSC&RD on the basis of recommendations by PCCC/PARC for
at least two consecutive seasons/years
21
 MINFAL

PARC PCCC

GERMPLASM GERMPLASM

ALL CROPS EXCEPT COTTON ONLY COTTON

BREEDER MAKES CROSSES

BREEDING
SELECTS PROMISING STRAIN
STATIONS

SUB-STATIONS MICRO VARIETAL TRIALS

ZONAL VARIETAL TRIALS GOVT. FARMS

ENLIGHTENED
FARMERS
SELECTS PROMISING STRAIN

SUBMITS

2 YRS PARC PCCC FSC&RD 2 YRS

VEC VEC DUS

PROVINCIAL SEED COUNCIL FSRC

APPROVAL & RELEASE

NATIONAL SEED COUNCIL VARIETY

REGISTRATION
NOTIFICATION
 Seed Laws/ Rules in Pakistan
Sr Title of Seed Act/Rule Date of Notification
1 Seed Act, 1976 1976
2 Seed (Registration) Rules, 1987 1987
3 Amendments in Seed (Registration) Rules, 1987 5-6-2003
4 Procedures, Directions and Seed Standards, 1988 1988
5 Pakistan Fruit Plants Certification Rules, 1998 28-2-1998
6 Amendment in Pakistan Fruit Plants Certification Rules, 6-5-2003
1998
7 Seed (Truth-in-Labeling) Rules, 1991 12-3-1991
8 Amendment Seed (Truth-in-Labeling) Rules, 1991 19-1-1998
9 Amendment Seed (Truth-in-Labeling) Rules, 1991 12-10-1993
10 Seed Amendment Bill – 2008 --
11 Plant Breeders Rights Bill - 2008 --

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 Seed (amendment) Bill – 2008

To broaden scope of regulation business, enhance participation and investment of private sector in
seed industry and safeguard farmers interest
1. Availability of Pre-basic seed to the private sector
2. Establishing Accredited Seed Testing Laboratories in private sector
3. Registration of Seed Companies/ Dealers and Processing Plants
4. Enhancement of penalties/fines for effective seed act enforcement
5. Restriction on unapproved/banned varieties and misbranding
6. Registration of the seed related Persons/ Organizations
Seed Amendment Bill - 2008 after getting authorization from provincial assemblies was
approved by the Ex- Federal Cabinet in August 2007 and submitted to Law & Justice Division in
2008. With the establishment of new government Law & Justice Division recommended to re-seek
authorization from the provincial assemblies for further processing the case.

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 Plant Breeders Right Bill - 2008

1. To encourage plant breeders/ seed organizations/multinational seed companies to invest in research

and plant breeding
2. Development of superior varieties of field, vegetable and ornamental/horticultural crops
3. Healthy competition for variety development in public and private sector
4. Improvement of an excess to protected foreign varieties
5. Protection of local varieties abroad
6. Encourage state plant breeders through financial incentives as royalty on their protected varieties and
revenue generation for research institutes
7. Discipline in seed industry
Plant Breeders Rights (PBR) after getting authorization from provincial assemblies was approved by
the Ex- Federal Cabinet in August 2007 and submitted to Law & Justice Division in 2008. With the
establishment of new government Law & Justice Division recommended to seek fresh authorization
from the provincial assemblies for further processing the case.
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Amendment in seed act 1976
Now this act may be called as seed (amendment) act, 2015
Amendment

(i) “Accredited laboratory” means any seed testing laboratory

established in public sector or private sector and accredited by an
appropriate organization as may be prescribed

(ii) “Approved seed” means seed true to species as approved by the

Federal Seed certification and Registration Department
Amendment

(iii) “Basic seed” means progeny of the pre-basic seed produced by

any public sector or private sector organization and certified by
the Federal Seed certification and Registration Department

(iv) “Genetically modified variety” means plant varieties which have

been bred by genetic engineering involving molecular techniques that modify,
recombine and transfer genes or segments of genetic material and includes
recombinant deoxyribonucleic acid (DNA) techniques that transfer genes or
segments of genetic, material between genotype and also apply to plant varieties
derived from a living modified organism
Amendment

(v) “Horticulture nursery” means any grounds or premises on which

nursery plants are propagated grown or procured for resale and held
for sale throughout the year

(vi) “Hybrid” means (a) the first generation offspring of a cross

between two individuals plants) differing in one or more genes
(b) the progeny of a cross between species of the same genus
or of different genera
Amendment

(vii) “Misbranded seed” means a seed if it is a substitute for, or

resembles in a manner likely to deceive, another plant variety or
hybrid of seed under the name of which it is sold, and is not plainly
and conspicuously labelled so also indicate its true nature

It is sold by a name which belongs to another kind or plant

variety or hybrid of seed
Amendment

(viii) “Person” means any natural or legal entity and includes an

association of persons, firm, partnership, society, group of persons, a
public or private limited company, corporation, cooperative society
or an), other body corporate

(ix) “Seed business” means any commercial operation of seed

involving production- processing, conditioning, packaging,
distribution, import and export of seeds
Amendment

(x) “Seed” means any of the branded reproductive or vegetative

propagating material of the plants of field crops, vegetable crops,
fruits, spices, medicinal herbs, flowers, shrubs, forest trees, other
plant species and mushroom spawn used for sowing or planting the
genera or species prescribed by the Federal Government
Amendment

(xi) “Seed processing” means the process by which seeds and

planting materials are dried, threshed, shelled, ginned or delinted (in
cotton), cleaned, graded or treated

(xii) “Terminator technology” means genetic modification that

includes gene or gene sequences which restrict germination of the
seed produced by the plant variety or hybrid during the next
subsequent year of planting
Amendment

Insertion of new sections under section 22

(i) Registration or enlisting of plant variety or hybrid (22A)
(ii) Registration to do seed business (22B)
Any person may make application, on the form as may be
prescribed, for registration of seed business in Pakistan
(iii) Registration of seed dealer (22C)
No person shall sell crop seeds at any place except under the
terms and conditions of dealership license granted to him under
this Act
Amendment

(iv) Registration of seed processing units (22D)

No person shall maintain a seed processing unit unless such unit
is registered by the Federal Government under this Act