Regulation of Seed in Thailand
The seed of major vegetable and field crops in Thailand, including rice seed developed by private companies, are regulated solely based on quality standards. No trials (VCU) are required. Seed companies can register their varieties for protection under the Plant Varieties Act (PVP), however this is voluntary and standards are based on DUS and not seed quality. Rice seed produced by the Rice Department of the Ministry of Agriculture and Co-operatives, Government of Thailand, is regulated both by seed quality and by adherence to its quality descriptor.
1. Rice Varieties Developed by the Rice Department
In Thailand, approximately 50%, or 9.8 million hectares of all farming area is under rice cultivation, of which the majority is for a single season (1). Sixty percent of all rice produced in Thailand is consumed locally while 40% is exported. Of the 40 million tonnes of rice produced annually, three million tonnes is Jasmine rice worth USD$20 billion, of which 20% or 600,000 kilograms is exported. Jasmine rice is considered a nationally important rice variety and as such the government has Gazetted a national standard and registered it with the FAO/WHO as a “Codex Standard for Rice”. This desire for the government to protect rice as a national crop is reflected in it’s policy of development and distribution of rice seed in Thailand. Any commercial or non-commercial activity related to rice, whether it is employment, research, seed production, cultivation or export of rice (as food) is restricted to persons of Thai citizenship or companies with 100% of equity held by Thai citizens.
A. Rice seed developed by the Rice Department: Rice seed developed in Thailand by the Rice Department is not regulated in the same way that seed of other crops, including rice varieties developed by the private sector, are regulated. This is due to a number of reasons including the government’s policy of ensuring food security and the protection of rice, which it considers is a national crop. As such the Thai Government is the main developer and producer of rice varieties in Thailand, controlling the release of >95% of all varieties cultivated. This market control, essentially a monopoly, doesn’t provide a market environment conducive to competition and the development of varieties by the private sector. No rice hybrids are available for cultivation in Thailand. This compares to 50% cultivation of hybrid rice in China and an average of 5% cultivation amongst rice producing countries. Seed of rice varieties can be imported and can be used in the development of hybrids and new inbred varieties. However, the imported seed cannot be multiplied in Thailand. Should the breeder require additional rice seed for the breeding program, new seed must be imported. Unused imported rice seed cannot be stored after the completion of the breeding program and must be destroyed. Rice seed cannot be exported from Thailand.
B. Development of new rice varieties: The development of new rice varieties in Thailand takes from five to ten years depending on the variety type. In developing new varieties, market data is taken into account including cultivation practices, vigour, yield, disease resistances and eating quality. Before officially releasing a new rice variety, the Rice Department will carefully consider the practical benefits of the new variety over existing cultivars, in addition to descriptions of the new varieties which must clearly outline their advantages over existing varieties while noting any special cultivation practices required to maximise their potential. Existing varieties may be withdrawn from the market to avoid unnecessary confusion in the market which is done by removing the availability of foundation seed.
C. Classification of rice varieties (1): There are four classifications of rice varieties in Thailand; (a) premium (high quality varieties including Jasmine Rice), (b) wild rice, (c) coloured rice and (d) glutinous rice.
D. Rice Eco-Systems in Thailand (1): There are four official rice “Eco-Systems” in Thailand; (a) irrigated with 2 to 3 crops per year, (b) rain fed (one crop per year), (c) underground water fed (can be up to 2 to 3 per year) and (d) upland (one per year).
E. Levels of rice seed supplied by the Rice Department in Thailand (1): There are four levels of seed standards for rice.
i Breeder’s Seed. This is seed produced by the breeder, having been developed by crossing varieties to incorporate specific phenotypic traits. Seeds are considered of the highest quality and the variety is genetically stable. Quantities are very small and storage bags have white tags.
ii Foundation Seed. This is second highest quality of rice seed and is a produced in the 28 Rice Research Centres throughout Thailand. Foundation seed is essentially a seed increase or multiplication of breeders seed and is made available to produce registered seed. Quantities produced are in thousands of kilograms and storage bags have white tags.
iii Registered Seed. This is seed produced from Foundation Seed. It is produced in the 23 Rice Centres throughout Thailand and by some contract farmers. Storage bags have pink tags.
iv Commercial Certified Seed. This is quality seed produced by seed companies, seed cooperatives and farmers which is then sold commercially to rice farmers. It is produced using Registered Seed. Of the 915,000 MT of rice seed produced annually, required to produce an annual harvest of 40 million MT of rice, the Rice Department and it’s network of seed co-operatives, community rice centres, contract farmers produce and private seed companies produce approximately 52%. The remaining 48% is from farmer’s saved seed. While large rice producers buy commercial certified seed for each rice crop seed, poorer farmer’s generally retain seed from their harvests, which is then planted in the subsequent season. This is often done for two or three consecutive crops after which the farmer may purchase certified commercial seed or non-certified commercial seed through other sources including seed shops, seed co-operatives or other farmers.
At all stages, seed produced is cleaned and the quality confirmed by laboratory analysis. Seed failing to meet the “certified standard” is discarded.
Rice seed produced by private seed companies do not have to follow the same seed multiplication process and are not “Certified”.
F. Rice seed standards: There are quality standards which apply to rice seeds which vary depending on the level of rice seed with Breeder’s seed having the highest standard. The type of quality standards are the same as for other crops and include % germination, % purity, % moisture, % inert matter, % other crop seeds and % weed seed.
G. Rice seed registration: Rice varieties sold commercially in Thailand must be registered with the DOA. Seed quality details are included in the registration documents and must be equal or higher than the standards set under the Plants Act. Varieties must also have unique names.
H. Rice seed certification: Rice varieties in Thailand are certified by the Director General of DOA using the variety descriptor as provided by the Rice Department which includes phenotypic characteristics including plant habit, leaf description, seed descriptions, insect and disease resistances, photosensitivity, yield and other details defining it distinctiveness. Certified varieties are officially declared by the DG through press and other information services. Certified seed descriptors, including important cultivation practices, disease resistances etc are communicated to the Department of Agriculture Extension which provides support services directly to farmers. Certificates remain valid indefinitely or until modified by the DOA on advice from the Rice Department.
I. Enforcement of rice seed standards: DOA have a process of random seed sampling where seed is sampled from seed shops, seed distributors, the processing plants of seed companies and seed producers. The seeds sampled are analysed to confirm that they are in compliance with the standards required under the standards certified for that rice variety. Additionally rice plants and rice crops are inspected in the field by rice inspectors of the DOA to ensure adherence to the certified descriptor for that rice variety. Unlike with the seed of other crop plants, compliance with the certified seed quality and variety descriptor is the responsibility of the seed seller, producer or individual in possession of the seeds or plants at the time of inspection. The Rice Department is not responsible for the seed quality nor phenotypic purity of its varieties.
Non-compliance with the certified quality standards can result in fines and/or suspension or cancellation of the organisation’s licence to sell seed.
J. GM Rice: GM rice cannot be commercially released in Thailand. Research on GM rice is being conducted in Thailand.
2. Seed of Major Crops
A. Licence to produce, sell, import or export seed: Individuals or companies wanting to sell, import, export and produce (including collect and have in transit) in Thailand, must first be licensed.
B. Seed Regulations: Seeds in Thailand are regulated under a number of Acts including the Plants Act, which covers licensing, seed registration and standards for quality, the Hazardous Substances Act which covers seed coating, the Plant Varieties Protection Act which covers PVP, the Forestry and Conservation Act which covers forestry species and export of nationally sensitive crop species and the Plant Quarantine Act which covers phytosanitary standards of imported seed. Under the international conservation agreement, CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora), species can be declared as endangered or protected, thus regulating their use and export. No major vegetable nor field crops have been declared as endanged or protected. Decrees are made under all the Acts allow the Minister for Agriculture and Cooperatives to set standards and other requirements in regulating seed.
C. Seed Standards: There are quality standards which apply to seeds covering % germination, % purity, % moisture, % inert matter, % other crop seed and % weed seed. Only those 37 plant species defined under the Plants Act are regulated in Thailand. The species defined cover most common vegetable and field crops including sugar cane and oil palm. From time to time plant species are added to the regulated list based on need and priority. Even though a species may be included in the regulated list, there may not be a standard for the seed. Examples include sugar cane which is multiplied propagatively and oil palm where planting material is generally distributed as seedlings. In the case of oil palm, seedling raisers are certified. Generally, in adding crops to the list, seed quality standards are required, the development of which can be time consuming requiring the adoption of an international standard and/or the establishment of new standards by the government seed laboratory. Crops not listed are not regulated and these include all fruit crops with the exception of papaya. Papaya seeds are regulated for the sole purpose of preventing the cultivation of GM papaya. In registering papaya seed, a GM-free certificate obtained from an authorised laboratory must be included in the seed registration.
D. Seed Registration: Licensed individuals or enterprises wanting to sell seed commercially in Thailand must first register that variety (being seed) with the DOA. This process can be done on-line or at some offices of DOA located throughout Thailand. In registering seed varieties, a seed certificate issued by a DOA authorised laboratory must be included with the registration documents. If the seed meets the standards for the seed species as provided under the Plants Act and have a unique name, the seed registration application will be accepted. This registration process takes up to one month provided all the necessary information is provided and the necessary fees are paid. Registrations are valid for up to five years and can be renewed. No trials (VCU) are required. There is no DNA fingerprinting of varieties nor are unique genetic markers, protein nor DNA, used in identifying varieties.
E. Enforcement of Seed Standards: DOA have a process of random seed sampling where seed is sampled from seed shops, seed distributors and the processing plants of seed companies. The seeds sampled are analysed to confirm that they are in compliance with the standards required under the Plants Act and with the seed quality certificate provided with the seed registration. Non-compliance with the seed quality standard can result in fines and/or suspension or cancellation of the organisation’s licence to sell seed. Seed companies are responsible for the quality standard of their seeds throughout both the supply and sales chains including whilst on display for sale in seed shops.
3. Plant Variety Protection (PVP)
Seed companies and organisations owning plant varieties can register them under the Plant Varieties Protection Act (PVP). Registration for PVP is voluntary. Most vegetable varieties, field crops, fruit trees, forestry trees and flowers can register for PVP. PVP in Thailand is based on the principle of the UPOV convention whose aim is to provide and promote an effective system of plant variety protection, while encouraging the development of new varieties of plants, for the benefit of society. PVP encourages plant breeding by granting breeders of new plant varieties an intellectual property right: the breeder’s right. Unlike Vietnam, Thailand is not a member of UPOV as its Act is not in compliance with the requirements of UPOV with respect to breeders’ rights and the breeder’s exemption. Further, breeders must also be of Thai nationality. Certification of varieties under the Thailand PVP Act requires distinctiveness from other varieties in the market in addition to uniformity and genetic stability (DUS). Certification is purely based on phenotypic characters. No DNA markers nor laboratory analysis in any way is used. In processing an application for PVP, field trials are conducted in at least two separate locations over at least two seasons. Varieties included in the trials include the variety seeking registration in addition to another variety sold by the company which may be similar and at least one variety available in the market from another company. Other varieties, often referred to as control checks, which may have similarities with the applicant variety are also included at the discretion of the DOA PVP inspectors. The trials are under the control of DOA inspectors but are conducted by the company seeking registration. All costs associated with the trials are met by the applicant including expenses incurred by the DOA inspectors. The cost of applying for PVP certification can be as much as USD$10,000 per variety. Registration of PVP generally take at least two years and applications must be launched within the first year of commercial release of the variety. For vegetables, flowers and field crops, variety protection is for 12 years while for fruit and forestry crops protection is 25 years. Due to the high cost of registration, certification is generally only applied for by large companies. In the case of vegetables, PVP is generally only applied for hybrids, not inbred lines nor hybrid parents. In enforcing PVP, rights holders must pursue violators themselves, either negotiating directly with them or pursuing the matter in court. DOA will not pursue PVP right’s violators.
4. GMOs in Thailand
Under current government policy, genetically modified crops cannot be approved for commercial release in Thailand. GM crops can be developed in Thailand but only under research and development conditions and are restricted to laboratory and glasshouse use. Levels of containment apply and these are outlined under national guidelines governing the development of GMO’s. Depending on the level of “risk” or “containment” required (levels 1 to 3), approval to develop GM plants must be obtained through “Institutional Biosafety Committees” (IBC) which are required to be established in research institutions, universities or companies undertaking any plant or microbial genetic modification or, in the case of field trials, the Thailand Biosafety Committee which is under the Department of Agriculture. Those wishing to develop GM plants for research purposes must make application to their IBC (with copies to their funding bodies). Applications are reviewed based on the national guidelines with respect to both the modification proposed in addition to the existing or required levels of containment required to undertake such experiments. In the 1990’s field trials of Bt cotton, Bt maize and papaya ringspot virus GM papaya were conducted. None were approved for commercial release.
5. Quarantine
All imported seed must comply with the Quarantine Act which sets phytosanitary standards. All seeds entering Thailand must be accompanied by phytosanitary and GM-free certificates, both of which must be issued by an approved authority. Seed not accompanied by such certification are subject to analysis to confirm their phytosanitary and GM-free status by government quarantine laboratories. Approved seed inspection authorities include those with ISTA certification. Only two laboratories in Thailand are ISTA certified, Chia Tai Seed Company and East-West Seed Company. Certification of both companies’ laboratories only cover major crops developed and traded by the companies, being vegetables. There are no ISTA certified government laboratories in Thailand although all follow ISTA guidelines.
1. Rice Department of Thailand
Thailand: Access to Germplasm
A. Rice
There is a national rice seed germplasm collection maintained by the Rice Department in Thailand. This is divided up into three storage types, long-term, medium-term and short-term. Thai seed companies can request rice accessions from the short-term rice germplasm collections (approximately 24,000). Only government research institutions have access to the medium and long-term rice germplasm collections.
B. Vegetable, field and other major crops
There are no national seed centres for crops in Thailand, other than that for rice. Germplasm collections of maize are maintained by the DOA at its maize research facilities as too some government departments, research institutions and universities also maintain collections. Access to the collections varies depending on the policy of the organisation maintaining the collection. There are no regulations nor government policies on access nor maintenance of the collections. Some organisations receive government funding to maintain their collections and as such are subject to the policies of the donor body on access.
Seed Sector Development in Thailand
There are three major parts to the seed sector in Thailand. Firstly the rice seed sub-sector, which is dominated by the government and participation by the private sector is largely limited to seed production. The second major sub-sector includes vegetable and maize seed. Participation in this sub-sector is dominated by private seed companies. Government involvement is largely limited to the national policy level as well as regulator. The government also plays a role in education at schools and universities as well as farmer and community support during times of national emergency, the latter being also strongly supported by the private sector. The third, and very small sub-sector, includes field and forage crops, other than rice and maize. There is some participation in this sub-sector by the government and some universities, however the major participants are private seed producing companies involved in OP seed production the majority of which is exported.
A. Vegetable and Maize Seed Sector
Whilst the rice seed sub-sector is controlled by the government and highly regulated, the vegetable and maize sub-sector is dominated by the private sector. Unlike the rice seed sub-sector, the vegetable and maize seed sub-sector is competitive, developing rapidly and producing quality seed of high value varieties that are exported throughout the world, particularly the Asia region. Also unlike the rice seed sub-sector, vegetable and maize varieties are dominated by hybrids and the degree of farmer saved seed is extremely low.
(i) Industry Development
The drive to develop quality seed of high quality hybrids has been driven by demand and competition. Whilst in local markets demand for vegetables is driven by regional markets and farmer preferences, requiring specific fruit types, plant habit and disease resistances meeting local conditions, this is likely to change in the future as supermarket chains continue to exert pressure on the fresh produce supply chain. Supermarket dominated supply chains such as in North American, Europe and Australia require uniform fruit types supplied all year round. Local selections which are often preferred by consumers with shorter storage life and poorer keeping quality have no place on supermarket shelves. Similarly, whereas currently small farm holdings cultivate hybrids developed for the local region, supermarket supply chains prefer contract farmers all of whom produce hybrids developed for national chains of supermarkets. This is also currently seen with fresh vegetable exports where the farmers are contracted to cultivate varieties demanded by the exporters.
The vegetable seed sub-sector also has developed close relations with farmers with little or no government involvement. This relationship has developed, perhaps inadvertently, as a result of lack of interest in the vegetable seed sector by the government, but is seen as having benefited the sector as a whole and is now somewhat championed by the government as a model of commercial success, benefiting national exports. Despite this, and attempts by seed companies and the Thai Seed Trade Association to better engage the government and develop policies more in-tune with the industry needs, there is reluctance on behalf of the government to truly engage the industry when developing policy. The industry has sought to better address its needs with the government using a number of platforms, including the recent establishment of a seed hub, as a forum to better engage all sectors of the industry.
The Thai seed vegetable and maize sectors are dominated by the use of high quality, high yielding hybrids, the development of which required the use of modern breeding techniques, seed enhancements and supporting technologies. The seed sector in Thailand has also been very innovative in the development and commercialisation of innovative varieties into the market, many of which are now also found in neighbouring countries. Thailand is also a leader in the conversion of OP varieties to hybrids in the market, a factor which is often used in assessing the standard or performance of the sector in a country or region. While only a small number of seed companies in Thailand undertake their own R&D, their investment has driven competition in the market to higher quality varieties. Overall, the quality and diversity of vegetable and maize varieties available in the market in Thailand is one of the highest in the Asian region.
(ii) Benefits
In comparison to other countries in the region with the capacity to produce vegetable and maize seed, Thailand have far less restrictive policies with regards to imports, local production and exports. This has allowed Thailand to develop it’s reputation in the region as favouring the seed industry, indeed a hub for the movement of seed. Further, visa access for traveling to Thailand is less restrictive than for other countries in the region, favouring business development.
While Thailand imports many vegetable and maize varieties, it is a nett exporter of seeds to markets including India, Vietnam, China, Myanmar, Malaysia, Bangladesh, Pakistan, Afghanistan and other countries through the Middle-East. Markets in the region share many of the traits required in vegetables and maize with only minor adaptation. However, Thailand has also benefited from less than favourable policies of other governments in the region towards the seed sector and business investment in general. Seed import and export conditions in India and China are particularly onerous. Up until recently, government policy in Pakistan has restricted private seed companies access to inbred vegetable and maize varieties, limiting access to only to government departments, research institutes and universities. As a result, Pakistan has developed an industry of seed traders, importing seed from other countries, in particular Thailand. It has not been possible for companies in Pakistan to legally conduct any R&D, which has, as a result, influenced the popularity of plant breeding plant related courses at universities, restricting the number of qualified breeders in the country. Similarly, other countries including Vietnam offer little incentive for seed companies to invest in R&D, forcing short-term measures of importing seeds. All these factors have inadvertently benefited the Thai seed sector.
(iii) Regulate seed quality and empower farmers
Thailand has seen fit to regulate the quality of seed sold in the market, leaving the selection of varieties to the consumer, being the farmer. This is contrary to that of other countries where governments play a strong advisor role on variety selection for farmers. In the eye of the Thai farmer, this has extended to the seed companies taking full responsibility for their product. Issues are taken by the farmer directly to the company producing the variety, often through the seed shop of purchase. Issues are investigated by seed companies and often result in seed replacement to the farmer. This is despite the vast majority of cases resulting from incorrect farmer management of the crop or the supply of fake seeds to farmers under the auspicious of them being from a reputable seed company. In the last 10 years this has driven farmer extension programs being organised either directly by seed companies or in conjunction with government organised farmer training programs.
(iv) Variety protection and seed production
Despite the more beneficial environment toward the seed sector in Thailand, it, like most countries in the region, lack adequate protection of intellectual property on plant varieties. Parental lines of high value vegetable and maize varieties are commonly stolen from seed production fields with little or no recourse possible through the government courts. Further, in some countries including China, state-sponsored theft of both hybrids and parents is widespread. While the latter is not the case in Thailand, theft of parents is common and many seed companies take extraordinary measures in protecting seed production of new hybrid varieties, including the production of new hybrids outside Thailand.
Summary of seed laws in China (2).
A. Licence to sell, produce or trade in seed: Individuals or companies wanting to sell, produce or trade in seeds (including research and development on seeds) in China must first be licenced. Licencing is based on the registered capital of the company. Capitalisation levels determine what varieties or crops can traded as well as where in the country they can be sold. The category of registered capital also stipulates the facilities you must have (plant and equipment) as well as the type/qualification of employees and number that must be employed (see Table 1). A minimum level of capitalisation is also required of companies wishing to only undertake research and development (R&D), but not sell seed.
Table 1. Seed business capitalisation and registration in China .
|
Category |
Capital Investment (‘000,000 USD) | Crop |
Locality Restrictions on Sales |
|
A |
>4.5 | All including primary crops | No |
|
B |
0.7 to 4.49 | All including primary crops |
Yes, specific provinces |
|
C |
0.3 to 0.7 | All including primary crops |
No |
| D | 0.15 to 0.3 | All including primary crops |
Yes, specific provinces |
B. Seed Regulations: Laws currently covering seed in China include the Seed Law, Plant Quarantine Law, Administrative Licence Law, Administrative Penalties Law, Plant Varieties Law (PVP) and Genetically Modified Organisms Safety Law. Local provincial laws may also apply but these vary from province to province. Rules are also made by government departments responsible for administering the laws covering administrative arrangements, procedures and standards including labelling of seed containers.
Seed laws in China, while on paper may appear clear, are very confusing at the implementation level. Currently they are not designed to safeguard the quality of seed, rather to control the capital investment of companies in addition to the distribution and sale of seed.
Laws are also in place regulating foreign investment. These laws override provisions applying under the Seed Law. Foreign investment and the activities of foreign companies in China is highly restricted. In the case of foreign companies wishing to sell seed in China, a local partner with 51% equity is required. In the case of companies wishing to only conduct research and development of seed, foreigners can have 100% equity, however no sales are permitted and restrictions apply as to where the business can be conducted. Restrictions also apply on germplasm access and rights in addition to export.
C. Seed Standards: There are no specific quality standards applying to seeds in China. However, standards are enforced based on the labelling of the seed packages and containers which are required under Chinese labelling requirements. All seed packages, not just of primary crops, must be labelled. Labelling should include the variety name, species, production location, serial number (if a registered primary crop) as well as business licence details. The package must also include seed quality details such as % germination, % purity, % moisture, % inert matter, % other crop seeds and % weed seed. It is based on the seed quality details on the label that seed quality is regulated in China.
While there have been discussions to formalise seed quality standards in China, no such standards have yet been adopted.
D. Seed Registration: There are no requirements for the registration of vegetable seeds in China. However, the Seed Law provides for the registration, exchange, storage and verification of plant varieties, but only those defined as “primary crops”. Primary crops include rice, wheat, maize, cotton, soybean, canola and potatoes and are those crops considered vital to the country in economic terms as well as food security. Other crops, including vegetable crops, are not defined as primary crops and as such don’t need to be registered. Changes in the definition of primary crops can be made through an announcement by the Ministry of Agriculture.
E. Enforcement of Seed Standards: There are no seed standards specifically therefore no actual enforcement. However, the licencing of companies and organisations is enforced as too the labelling of the seed packets and containers. The Ministry of Agriculture employ seed inspectors whose task it is to sample and inspect seed for compliance with the quality as written on the label. Non-compliance of provisions of the company licence can result in closure of the company and court action against the individuals concerned. Court action can result in fines and imprisonment.
F. Plant Variety Protection (PVP): PVP legislation in China is based on the provisions of the 1978 UPOV Convention of which China is a member. China has not ratified the most recent UPOV Convention which has additional provisions relating to plant breeders rights. Trials and the conduct and supervision of trials are at the discretion of the Ministry of Agriculture. Value for cultivation use (VCU) are not included in PVP evaluations.
G. Genetically Modified Organisms (GMO): The Genetically Modified Organisms Safety Law covers the development, trialling and approval for commercial release of genetically modified crops. Currently GM cotton (released in 1996) and papaya (released in 2006) are the only crops approved for commercial release. The central government has expressed its intentions on numerous occasions over the last ten years to approve other crops, including rice, maize and vegetables, but no approvals have been issued. Chinese research institutes are some of the most active in the world in developing GM crops, all of which have been restricted to laboratory based trials.
H. Plant Quarantine: The plant quarantine laws cover phytosanitary standards of imported seed. Quarantine certificates are also issued for seed export.
I. Access to Germplasm (and Germplasm Protection): There are a number of national centres and institutes responsible for breeding vegetable and other crops who also maintain seed and germplasm banks. Access to the seed is possible based on application and is dependant on the crop type. The central government in China has sovereign rights over all primary crops (rice, wheat, maize, cotton, soybean, canola and potatoes). This limits access rights, often an issue for foreign companies, to not just locally derived varieties but also varieties introduced into China for research as well as sale. Once a primary crop has been introduced into China the rights to that crop are essentially forfeited to the central government.
2. “Seed Law and Implications for Conducting a Seed Business in China”, APSA Congress presentation, Macau, 2014. Dr. Yang Dongxia, PhD, Director of Research Center of Agricultural Law, Agricultural Management Institutes, Ministry of Agriculture (Agricultural Law Center of MOA), China.
Summary of Seed Laws in India
A. Licence to sell, produce or trade in seeds: Individuals or companies wanting to sell, import, export or produce seed for sale in India, must first be licenced.
B. Seed Regulations: Seed laws in India are somewhat confusing, both in their written form and in the way they are interpreted and enforced. Laws currently covering seed in India include the Seeds Act 1966, Seeds (Control) Order 1983, the Plant Quarantine Order, Protection of Plant Varieties and Farmers Rights Act, 2001 (PPVFR Act), the Environment Protection Act and the Insecticides Act 1968.
The Seeds Act 1966 (Seeds Act) and Seeds (Control) Order 1983 are the major pieces of legislation regulating the seed industry in India. Seed Rules or regulations can be made under the Act providing for specific requirements or setting up authorities or organisations responsible for overseeing enforcement of the Act and Rules. Three authorities have been set up under the Act:
-
- Central Seed Committee;
- Central and State Seed Laboratory; and
- Seed Certification Agency.
C. Seed Standards: Seed quality in India is controlled under the labelling and quality standards of the Seeds (Control) Order 1983. The Order provides for:
- Compulsory labelling of seed containers;
- Certification, although currently the certification of seeds is voluntary;
- Technical standards on seed quality;
- Standards for official seed testing laboratories; and
- Enforcement mechanisms and penalties.
D. Seed Registration: There are no formal requirements for the registration of vegetable seeds in India at the federal level. In the past, some individual states have been requiring seed registration. However, there is a “Voluntary Seed Certification and Value for Cultivation Use” (VCU) certification system which is offered through official Seed Certification Agencies. The seed certification is purely voluntary. However, many companies and organisations use the certification as guidance for farmers and for promotional purposes. Agencies providing the certification must be independent and not associated with the production or sale of seed. In most cases the Seed Certification Agencies are associated with Government agencies, research institutions and state governments.
The certification process includes:
- Confirmation on the origin of the genetic material as well as the seed production chain. The aim is to not just approve the genetic source but also the quality of the production and true to type;
- Field Inspection: Evaluation of the crop in field tests for varietal purity, ability to out-cross, physical characters, disease resistance and the presence of objectionable weed plants in the seed lot;
- Sample inspection: assessing the planting value of the seeds by laboratory tests. Certification agencies draw representative samples from the seeds produced under certification programme and subjects them to germination and other purity tests required for conforming to varietal purity; and
- Grow-out tests: Here the samples drawn from the lots are grown in the field along with the standard checks. Growing plants are observed for the varietal purity. Grow-out tests help in the elimination of the sub-standard seed lots.
E. Enforcement of Seed Standards: Seed standards are controlled and enforced under the labelling and quality standards of the Seeds (Control) Order 1983. Seeds are sampled and tested by government seed testing laboratories. Non-compliance with the seed quality standard stipulated on the label can result in fines and could result in the suspension or cancellation of the organisation’s licence to sell seed.
F. Plant Variety Protection (PVP): PVP in India is regulated under the Protection of Plant Varieties and Farmers Rights Act, 2001 (PPVFR Act). PVP legislation in India is based on the provisions for membership of UPOV. However, India is not a member of UPOV as the PPVFR Act contains a number of provisions contrary to UPOV requirements. These include provisions allowing farmers to sell seed of varieties already protected under the PPVFR Act in addition to variety registration provisions specifically for farmers that don’t apply to breeders.
G. Genetically Modified Organisms (GMO): The Environment Protection Act covers the development, trialling and approval for commercial release of genetically modified crops. Currently GM cotton is the only crop approved for commercial release, which was in 2002. Other crops including maize and some vegetables, including okra, eggplant, cabbage, have been awaiting formal approval for more than 10 years. These constant delays and the demand for GM vegetables in India has opened a black market for GM eggplant from neighbouring Bangladesh where approval of a number of GM vegetables has been granted.
H. Plant Quarantine: Plant quarantine in India is covered under the Plant Quarantine Orders. It provides for standards and procedures for the importation of seed.
Seeds Bill 2011
The Seeds Act, as well as provisions relating directly to seeds in other regulations, will eventually be replaced by the Seeds Bill 2011. The Seeds Bill 2011 has been under discussion since 2004.
The major aims of the Seeds Bill are to:
- Create a National Registry of Seeds;
- Promote a single comprehensive seed law in the country (removing provisions under other Acts and legislation covering seed);
- Strengthen enforcement mechanisms against the sale of sub-standard seeds;
- Provisions for the compensation of farmers for poor quality seeds through a specially constituted Compensation Committee;
- Registration and standards for certified seed offered for sale through the voluntary VCU system; and
- Implementation of a mandatory seed registration system based on seed quality.
Country comparison on licencing to sell and the sale of seed in Thailand, India and China.
|
Questions |
TH | IN | CN |
Comments |
| 1. Do I need to be licenced to sell seed? |
Yes |
Yes |
Yes |
China has a number of licence categories. |
| 2. Are there specific requirements on some common crops for licencing? |
No |
No |
Yes |
China has additional licencing requirements on rice, wheat, maize, cotton, soybean, canola and potatoes. |
| 3. Does seed need to be registered before sale? |
Yes |
No |
No |
Seed sold in Thailand needs to be registered. An on-line application system is available and provides for seed quality standards. |
| 4. Is the sale of rice seed commercially viable? |
No |
Yes |
Yes |
Commercial R&D, production and sale of rice seed in Thailand severely restricted. |
| 5. Are there seed quality standards? |
Yes |
No |
No |
Seed quality standards apply to 37 plant species. |
| 6. Are VCU trials required? |
No |
No |
No |
India has a voluntary VCU system. |
| 7. Can I apply for PVP? |
Yes |
Yes |
Yes |
Only China is a member of UPOV. |
| 8. Have GM crops been commercially released? |
No |
Yes |
Yes |
India and China have GM cotton. China also has GM papaya. |
| 9. Are seed companies comfortable with IP rights for seed varieties? |
No |
No |
No |
|
| 10. Can I import seed? |
Yes* |
Yes |
Yes |
Except for some prohibited crop species and quarantine requirements, seed can be imported to all countries. *Exception for Thailand is rice seed. |
Country comparison on licencing to sell and the sale of seed in Thailand, India and China (con’t).
|
Questions |
TH | IN | CN |
Comments |
| 11. Can I export seed? |
Yes* |
Yes |
Yes* |
Except for some prohibited crop species, seed can be exported to all countries. *Exception for Thailand is rice seed. China has restrictions on seed of primary crops. |
| 12. Is the seed sector dominated by commercial seed companies? |
Yes |
Yes |
No |
While there are a lot of commercial seed companies in China, many are government enterprises or are associated with organisations, universities or institutions. |
| 13. Are seed associations active? |
Yes |
Yes |
Yes* |
*While seed associations in Thailand and India are for the support of members and to influence government policy, in China they tend to be for communicating requirements and policy from the government. |
| 14. Does the government consult with the private seed sector in developing policy and legislation? |
No* |
Yes |
No |
*In Thailand, generally the government may listen to comments from the private seed sector but they are not influenced by them. The private seed sector is pushing for more influence.
The Indian seed sector is very active in debating seed policy and is influential in the government. |
Additional information on the process of licensing, sale, importation, export and transit of seed for commercial purposes in Thailand.
Table 2. Procedure to licence the collection, sale, importation, export and transit of seed for commercial purposes.
|
Procedure: Licence to collect, sell, import, export and transit seed for commercial purposes |
|
| Licence processing time: | 10 – 14 days |
| Relevant authority: | Department of Agriculture (DOA) |
| Details
Under the Plants Act, a person wishing to deal in seed for commercial purposes must be licenced. This includes: · Collecting · Selling · Importing · Exporting · Transiting through Thailand
Licence applicants must have the following qualifications: · Is a person of good financial standing; · Be twenty years of age or older · Hold a residence or office in Thailand · Be a competent person · Have facilities for the storage of seed
Application: · Application form · Details and map of facilities · Business registration certificate (from Ministry of Commerce) and information on the business owner |
|
Table 3. Q&A: Licence to collect, sell, import, export and transit seed for commercial purposes
|
Questions |
Answers |
Comments |
| 1. Do I need to be licenced to sell, import, export seed in Thailand? |
YES |
|
| 2. Do I also need a licence to collect seed in Thailand? |
YES |
While you do need a licence to collect seed it is not common. |
| 3. Do I also need a licence even if I just want to transit seed through Thailand but not sell them? |
YES |
This is not common as in most cases the seeds would be imported. |
| 4. Are there any special qualifications or requirements for licencees? |
NO |
Except you must have an office in Thailand. Most foreign companies who do not have offices in Thailand would import and export seed through a local company. |
| 5. Do I need to have a registered business to apply for a licence? |
NO |
standard product registration. |
| 6. Do I need facilities for the storage of seed? |
YES |
|
| 7. Having a licence, do I then have to sell seed? | NO |
Table 4. Procedure: Register seed for commercial purposes
|
Procedure: Register seed for commercial purposes |
|
| Licence processing time: |
10 – 28 days |
| Relevant authority: |
Department of Agriculture (DOA) |
| Details
Under the Plants Act, a person wishing to sell seed of 37 crop species must first register them. Crop species included:
Applications must include:
Enforcement:
|
|
Figure 1. Flow chart of registering seed for commercial purposes
Table 5. Q&A: Procedure of registering seed for commercial purposes
|
Questions |
Answers |
Comments |
| Do I need to register seed for sale in Thailand? |
YES |
|
| Do I need a licence to sell seed before applying to register my seed? |
YES |
|
| Is registration required for all crops? |
NO |
Only for 37 species but this covers most major vegetables and field crops. |
| Are there a quality seed standards for all varieties defined under the Plants Act? |
NO |
Exclusions include oil palm and sugar cane which are either vegetatively propagated or sold as seedlings. |
| Can I apply to register my seeds on-line? |
YES |
Once you are set up with a username and password you can log in and apply using a form with pull-down menus. Certificates can be scanned in and uploaded but originals need to be physically given to the DOA office. |
| Can I track the progress of my applications? |
NO |
|
| Can I also go to a DOA office and lodge my written application? |
YES |
|
| Are applications often rejected? |
NO |
Rejections only occur if some documentation is not included in the application, such as seed certificates. |
| How many years is the registration valid for? |
5 |
This can be renewed. |
| Apart from seed quality standards, are there any other requirements? |
NO |
|
| Are trials required including VCU? |
NO |
|
| Do I need also have to apply for PVP? |
NO |
|
| Can I sell my seed to anyone? |
YES |
|
| Do provincial governments also have regulations or requirements covering seed? |
NO |
The seed sector is only regulated at the national level. The DOA do however have offices in the provinces but they are responsible to the central government, not the provincial governments. |
| Questions | Answers | Comments |
| Am I responsible for the quality standard of the seed even if I have already sold it to a seed shop? | YES | |
| I am a private seed company, does this also apply to rice seed? | YES | |
| Does this also apply to seed developed by the government? | Partly | Rice from the Thai rice Department is Certified. Seed quality as well as variety descriptors act as standards. |
| Are the regulations amended on a regular basis? | YES | Normally the Act and standards developed under the Act are reviewed every one or two years based on priority. |
| Is Thailand a member of the Trans Pacific Partnership (TPP)? | NO | |
| Is Thailand considering joining TPP? | YES | In order for Thailand to join TPP they would need to make a number of policy and legislative changes including amending the PVP Act in order to be a member of UPOV. |
Table 6. Procedure: Certification of rice varieties developed by the Rice Department
| Procedure: Certification of rice varieties developed by the Rice Department | |
| Development period: | 5 – 10 years |
| Certification authority: | Department of Agriculture (DOA) |
| Details
Under the Plants Act, rice varieties released by the Rice Department are Certified by the DOA. Seed quality standards and adherence of the cultivated variety to the variety descriptor apply. Seed quality standards apply to:
Enforcement:
|
|
Figure 2. Flow chart of procedure for the certification of rice varieties developed by the Rice Department
Table 7. Q&A: Certification of rice varieties developed by the Rice Department
|
Questions |
Answers |
Comments |
| How many rice varieties are currently available to farmers? |
23 |
(*2016) |
| Can rice seed be exported? |
NO |
|
| Can rice as food be imported? |
NO |
|
| Can rice seed be imported by private companies? |
NO |
Exception: rice seed can be imported and used in breeding programs but it cannot be multiplied. |
| Can the Rice Department import rice seed? |
NO |
Exception: rice seed can be imported and used in breeding programs but it cannot be multiplied. |
| Are there any hybrid rice varieties sold in Thailand? |
NO |
|
| Are there any rice seed companies developing varieties in Thailand? |
Very few |
The rice seed sector is not commercially viable due to government restrictions. |
| Is there enough commercial certified seed produced for every farmer? |
NO |
|
| What is the percentage of farmer saved seed? |
48% |
|
| As a private rice seed producer, can I also have my rice variety Certified? |
NO |
|
| Is there a central rice seed germplasm collection in Thailand? |
YES |
|
| Can anyone request accessions from the germplasm collection? |
YES |
However, non-government organisations only have access to material stored under short-term conditions. |
| Can foreign companies participate in the rice seed sector? |
NO |
Foreigners including Thai companies with foreign shareholders are prohibited from participating in rice or rice seed activities. |
| Does the Rice Department limit the varieties available in the market? |
Partly |
This is done by limiting the availability of Registered seed. |
| If I am selling rice seed, am I responsibility for the quality and certification of the variety? |
YES |
The retailer is responsible for guaranteeing both seed and variety quality. |
|
Questions |
Answers |
Comments |
| Does Thailand produce more rice (as food) than it can sell locally and export? |
YES |
Thailand is looking to reduce the amount of rice produced by limiting farmer access to irrigation and pushing them to cultivate alternative lower water consumption crops such as soybean and maize (although all soybean seeds currently need to be imported). |
| Does Thailand have rice seed stored for national disasters? |
YES |
Thailand stores 80 tonnes of rice seed which it replaces every year by selling into the market. While the Government acknowledges this is largely insignificant, it doesn’t have the capacity to store more. It is confident that sufficient rice seed is maintained in the market to cover any national disaster. |
Table 8. Procedure: Application for Plant Variety Protection (PVP)
| Procedure: Application for Plant Variety Protection (PVP) | |
| Registration processing time: | Up to two years depending on the crop |
| Relevant authority: | Plant Variety Protection Division, Department of Agriculture (PVPD-DOA) |
| Details:
Registering varieties for is voluntary. No government approval is required to introduce and market a new variety, other than registering of seed for which there are quality standards. PVP registration is solely for the purpose of obtaining plant breeder protection of the registered varieties. Application
|
|
Figure 3. Flow chart of procedure for applying for Plant Variety Protection (PVP)
Table 9. Q&A: Application for Plant Variety Protection (PVP)
|
Question |
Answer |
Comments |
| Do I need to register my varieties for PVP in Thailand? |
NO |
|
| If I have a hybrid, do I need to register the hybrid as well as the parents? |
NO |
The hybrid or both or one of the parents can be registered. Most seed companies only register the hybrid due to cost but also to minimize the risk of having the parents stolen during the trialling process. |
| Do I need to have a seed licence to apply for PVP on a variety? |
NO |
Although this situation would be unusual. |
| Do I need to have the seed of the variety applying for PVP to have been registered? |
NO |
Although this situation would be unusual. |
| How many locations do the trials have to be done in? |
At least 2 |
|
| How long does the registration take including trials? |
2 years |
|
| How many seasons do the trails need to be conducted in? |
2 |
|
| Can I conduct the trials on my research station? |
YES |
Provided they meet with the approval of DOA. |
| Can I conduct the trials myself and send the evaluations to DOA without DOA inspectors visiting the trial? |
NO |
|
| If I can’t organize the PVP field trails, will DOA do them for me? |
YES |
|
| Do I need variety checks in my PVP trials? |
YES |
Typically there is a company check, a leading market variety check and check varieties as discussed with DOA inspectors. |
|
Question |
Answer |
Comments |
| How much does it cost to complete the process of PVP registration? |
USD$10,000 |
This varies depending on the crop and the number of trials required. The amount is approximate and includes cost of the field trials (labour, land use) as well as covering the costs of DOA inspectors (hotel, travel, expenses) and seed company staff costs. |
| Will DOA accept data from trials done in other countries? |
NO |
|
| Even if they are inspected and approved by that country’s PVP inspectors? |
YES |
DOA will not accept trials done in other countries even if they were approved by local PVP inspectors and even if the variety was registered. |
| Can I start selling my variety in the market before PVP is granted? |
YES |
Applicants wishing to apply for PVP must do so within the first year of commercial release of that variety. |
| Is my variety protected whilst my PVP application is being processed, including trials? |
YES |
|
| How long will the protection last for under PVP? |
12+ years |
12 years for most crops including vegetables and 25 years for fruit and forestry crops. Under UPOV protection for most crops (including vegetables) is 20 years. |
| Is the Thailand a member of UPOV? |
NO |
|
| Are my breeder’s rights fully preserved under PVP in Thailand? |
NO |
In Thailand royalties or profit sharing covering sources of germplasm used in developing the variety must be paid to the government. This is then distributed to local communities from where the germplasm was sourced. You only have protection rights over the variety and its use, not over its genetic contributors. |
| Is Value for Cultivation (VCU) used in establishing PVP? |
NO |
VCU testing is optional. It is not required for the PVP certificate, but it is required if the breeder wants a certificate from DOA and be listed as “recommended by DOA”. Breeders may do this because it may help with marketing, but it is not a common practice by seed companies. |
| I’m not Thai. Can I claim PVP? |
NO |
However, foreigners who are Thai residents can claim PVP. |
| What is the basis for establishing PVP? |
DUS |
Variety distinctiveness, uniformity of the variety and stability. |
|
Question |
Answer |
Comments |
| Is any DNA or other laboratory analyses done in determining DUS? |
NO |
There is no common protocol agreed upon by members of UPOV nor Thailand, not being a member of UPOV, supporting use of DNA analysis. |
| Will the government protect my registered variety by inspecting competitor varieties in the field and in court proceedings? |
NO |
The responsibility of taking action against violators is the responsibility of the registered holder. |
| Who is the final reviewer of the PVP application? |
DG of DOA |
Director General of the Department of Agriculture |
| Just before the PVP registration is granted, can anyone object to the granting of approval? |
YES |
During the final application review process by the DG, anyone can object to the granting of approval and these are taken into consideration by the DG in the final decision. |
For more information contact tom.burns@agconasia.com