Page 40 - Msingi Afrika Magazine Issue 15

Community

produce seeds, after informing the propagation by third parties thereof, may only tion of seeds, UPOV 91 and trade
authorities exactly where he/she will be carried out by a person listed in the Nation- agreements require that countries
produce seeds and fulfilling a set of al Seed Trade and Supervision Registry. Draft “provide for appropriate legal rem-
requirements including having costly Seed and Plant Variety Act (presented by the edies for the effective enforcement
infrastructure and hired technical govern ment of Argentina in 2012 and later of breeders’ rights”; in other words,
staff. A monthly or annual allowance withdrawn due to widespread resistance)37 countries must put in place a set of
to stay registered is often required sanctions for any possible infringe-
as well, e) ban the production of seeds ment. Where UPOV 91 laws and the
outside registered fields. Those that like are already in place, if farmers
Article 7: Any physical or legal person who produce seeds have to tell govern- infringe these new regulations, even
engages in an activity with seeds shall keep a ment authorities exactly where they by keeping on doing what they and
record of transactions by species, variety, and will produce them, their communities have been doing
category under the conditions defined by regula- for generations, the sanctions are
tion. Law no. 2001/014 of 23 July 2001 in [Farmers must] register their fields....indicating harsh and getting harsher.
respect of seed-related activities, Cameroon.33 the plant material to be sown, number of
hectares to be sown, placement and area of the
Article 16 : Any physical or legal person farm, sowing date, seed category....Resolution a) fines can be imposed for a long
may freely produce or multiply seeds if he is 970, Colombia38 list of actions that will be treated as
registered with the competent bodies (...) The offences, from reproducing a pri-
conditions of registration shall be determined f) ban the exchange of seeds vatized seed and keeping it for the
by a decision of the ministers responsible for between farmers and/or peasants, next season, to keeping your own
agriculture and forests. Law no. 010-2006/ even if they exchange their own seed unlabelled or unpackaged. The
An Regulating Plant Seeds in Burkina seeds. This is done with the excuse severity of the fines changes from
Faso.34
that exchanging seed is a way of country to country, but in gener-
(1) A person desiring to practice seed business selling, and therefore falls within the al terms they are significant, they
shall be equipped with facilities prescribed by scope of marketing and seed privat- double in case of a second offence,
a Presidential Decree and register his business ization laws. and the person fined can go to jail
with the Mayor or Provincial Governor. (2) if the fine is not paid. In a growing
Any person desiring to practice seed business in sell includes letting on hire and exchanging number of countries, the punish-
accordance with Paragraph (1) shall have one by way of barter. Plant Breeder’s Rights Act ment includes jail and / or a fine.
(1) or more seed managers; Seed Industry Law, 1994, Australia39 Jail terms can range from months to
Korea35 ten years,
The word “sale” includes “gift” Seed Act (Act
SEED PRODUCER: The natural or N°9 of 1996), Malawi40 Anyone who produces, multiplies, imports,
legal person duly registered to engage directly fraudulently exports, distributes, or markets
or indirectly in, or to take responsibility for “sell” means to offer, advertise, keep, expose, seeds or plants not registered or listed in the
someone else’s involvement in, the multiplica- transmit, convey, deliver or prepare for sale or official catalogue is punishable by a prison
tion, drying and packing, storage, distribution, exchange or dispose of for any consideration term of two (2) months to six (6) months and
and marketing of seeds and nursery plants for or transmit. Convey or deliver in pursuance of to a fine of one million (1 000 000) to one
planting. (...) Section 28.- The requirements the sale, exchange or barter... Protocol for the million five hundred thousand (1 500 000)
for becoming a seed and nursery plant producer Protection of New Varieties of Plants (Plant dinars [USD $10000–15000]. The seeds
are as follows: 1) Possess the basic knowledge Breeders’ Rights) in the Southern African and/or plants concerned by the offence shall be
of the practices essential to the process of seed Development Community Region (draft)41 destroyed. The penalty is doubled in the case of
and nursery plant production or have technical a repeat offence. Law no. 05-03 of 27 Dhu
personnel with knowledge of the activity to be Together, these regulations can al-Hijjah 1425 corresponding to 6 February
carried out. 2) Possess the agricultural ma- make it increasingly difficult or out- 2005 in respect of seeds, plants, and plant
chinery or implements necessary for the activity right illegal for farmers and peasants breeders’ rights, Algeria42
involving the production of seeds and nursery
plants. 3) Possess the financial resources nec- to use their own seeds. They may 48.—(1) Any person who wilfully offers for
essary for the performance of the various field find themselves forced to use privat- sale or markets propagating material of a
and post-harvest management activities Seed ized commercial seeds. variety protected in Barbados in contravention
Production and Trade Act and Regulation, of this Act, is guilty of an offence, and liable
Nicaragua36 4. Fines and jail terms over on summary conviction to a fine of $20 000
seed saving and exchange [10000 USD], or imprisonment for 3 years,
The transfer of seeds in any manner [e.g., ex- or to both. Protection of New Plant Varieties
change], for the purposes of trade, planting, or Act, 2001—17, Barbados.43
Along with mandating the privatisa-

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