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AN ACT TO PROMOTE AND DEVELOP THE SEED INDUSTRY IN THE PHILIPPINES AND CREATE A NATIONAL SEED INDUSTRY COUNCIL AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1.

Short Title. - This Act shall be known as the "Seed Industry Development Act of 1992".

SECTION 2.

Declaration of Policy. - It is hereby declared the policy of the State to promote and accelerate the development of the seed industry and, for this purpose, the Government shall:

b. encourage and hasten the organization of all sectors engaged in the industry, integrate all their activities, and provide assistance to them;

d. encourage the private sector to engage in seed research and development and in mass production and distribution of good quality seeds; and

e. provide the local seed industry protection against unfair competition from imported seeds.

SECTION 3.

Definition of Terms. - When used in this Act, the following terms shall mean as follows:

a. "Seed" shall mean plant material used of the production of food, forage, fibers, industrial crops, oil, flowers, grasses, herbs and aquatic plants, including but not limited to meristem, and clonal propagules such as tubers, corms, cuttings, and micro¬propagated plantlets;
b. "Seed lot" shall mean a definite quantity of seeds indemnified by a lot number or other identification marks, or every portion of the bag or any container, the contends of which uniformly represent the factors which appear with allowable tolerance;

c. "Breeder Seed" shall mean a seed directly controlled by the originating, or in certain cases, the sponsoring plant, breeder or institution and which provide the source for the initial and recurring increase of foundation seeds;

d. "Foundation Seed" shall mean seed that is a progeny of breeder seeds as to handled as to maintain a minimum acceptable level of genetic purity and identity;

e. "Registered Seed" shall mean the progeny of foundation seeds so handled as to maintain satisfactory genetic identity and purity;

f. "Seed Industry" shall mean the different components of the chain of activities undertaken by an individual, association, cooperative, corporation or firm, academic institutions, public agricultural research institutes in the production, processing, testing, handling, grading, storage, distribution, and marketing of seeds for agricultural production with economic benefits;

g. "Seed testing" shall mean the accurate and prompt analysis of a seed sample based on methodologies prescribed by the Council to determine its quality;

h. "Seed Certification" shall mean a system of seed production geared toward maintaining genetic identity, varietal purity and standards of quality seeds of superior crop varieties;

i. "Quality Control" shall mean a systematic approach to determine, achieve and maintain desired standards of seed quality;

j. "Seed Sample" shall mean a quantity of seeds drawn from seed lots in accordance with the rules for seed sampling to be promulgated under this Act, properly identified, labeled, and submitted for seed testing;
k. "Label" shall mean any written, printed or graphic presentation in any manner on the seed container giving information as required in the rules and regulations promulgated under this Act;

I. "Seed Dealer/Trader/Merchant" shall mean any person, firm, agency, cooperative or corporation engaged in the processing and/or marketing of seeds;
m. "Seed Grower/Producer" shall mean any person, natural or juridical, engaged in the production, processing and/or marketing of seeds;
n. "Seed control" shall mean the regulation of seed marketing through registration of seed merchants/dealers compulsory labeling, and establishment of minimum standards of seed quality.

SECTION 4.

National Seed Industry Council. - There is hereby created a National Seed Industry, hereinafter referred to as the "Council", to replace the existing Philippine Seed Board. The Council shall be composed of the following who, except for the representatives of the private sector shall serve in ex officio capacity.
a.    Secretary, Department of Agriculture – Chairman

b.    Director, Bureau of Plant Industry – Vice Chairman and Executive Director

c. Dean, College of Agriculture University of the Philippines at Los Baños, Laguna - ¬Member

d. Director, institute of plant breeding - Member

e. Crop Research Director, Philippine Council for Agriculture Forestry and Natural Resources Research and Development - Member

f. Director, Philippine rice research institute – Member

g. Two (2) representatives from accredited farmers’ organizations

h. one (1) Representatives from the seed industry – Member
The representatives of the sectors enumerated herein, who shall be nominated by their respective sectors or associations, shall be appointed by the Secretary of Agriculture and shall serve for a term of three (3) years. Only citizens of the Philippines shall be members of the Council. In case of vacancy the appointed successor shall serve only the unexpired portion of the term of his predecessor.

SECTION 5.

Duties and Functions. - The Council shall have the following duties, powers and functions:

a. to formulate policies that will stimulate plant breeding activities for the development of, the genetic resources of the country in accordance with the provisions of this Act;

b. to encourage persons, associations, cooperatives and corporations engaged in genetic resources conservation, varietal development, production and processing, quality control, storage, marketing, and distribution of seeds to adopt system and practices which improve the quality of seeds for distribution to farmers;

c. to promote the establishment of infrastructures and other support services in priority areas geared toward the development of the seed industry;

d. to formulate a comprehensive medium and long-term national seed industry development program in order to achieve self-sufficiency in the supply of high quality seeds;

e. to grant awards, subsidiaries and other forms of assistance to seed or plant breeders who develop or are developing outstanding varieties or cultivars;

f. to formulate policies that will stimulate plant breeding activities; and

g. to promote rules and regulations to implement the provisions of this Act.