Act No. 188 / 1950 Coll.
Plant Improvement Act
Valid
Effective from 27.01.1951
188.
Law
of 21 December 1950
on improving plant production.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Initial provision.
(1) The purpose of this Act is to help single agricultural cooperatives and small and medium-sized farmers to increase their yield in plant production, in particular care for quality seed and seed and to prevent damage caused by pests of plant and animal origin.
(2) The National Committees will cooperate with national agricultural undertakings, the Agricultural Product Management and its components, the Single Union of Farmers and other mass organisations to assist the single agricultural cooperatives and small and medium-sized farmers in carrying out the tasks arising from this Act.
The breeding and planting of seed and seed.
Motions of breeding activity.
(1) The cultivation of seed and seed will be carried out in principle by Czechoslovak state goods, a national enterprise, and single agricultural cooperatives.
(2) Other persons whose activities contribute to the development of breeding may authorise the breeding of regional national committees under the guidelines of the Ministry of Agriculture. In particular, the association of agricultural researchers within single agricultural cooperatives working under the principles of modern agrobiology will be encouraged. The communal undertakings may carry out seed and planting, provided that this activity has been included in their approved farm plan.
Authorisation of plant varieties.
(1) Only authorised varieties may be put into circulation for normal use in agriculture.
(2) Authorisation of the variety to be produced, in the case of a non-bred regional variety, is granted and withdrawn by the Ministry of Agriculture. The bred variety is one that has been created by purposeful breeding work (selection, crossing, grafting of plants, etc.). The region variety is one that is characterised in certain areas by good commercial characteristics.
(3) New breeding (new varieties) must be examined before authorisation as regards the autonomy and the value of cultivation.
(4) Authorised varieties of domestic and foreign varieties are subject to continuous testing.
(5) By decree, the Ministry of Agriculture sets out the principles and conditions for granting and withdrawing the acceptance and control of varieties, for checking the testing and sampling of seed and seed and seed, and for the duties of breeders in carrying them out and the institutes which carry them out. may also identify the areas in which the varieties authorised may be grown.
Variety registers.
Authorised varieties shall be entered in the relevant register of authorised varieties.
Production of elite seed and seed.
The production area and the quantity of elite seed and seed shall be determined by the agricultural production plan for the breeders. Further propagation of elite seed and seed shall be obtained from seed and seed.
Production of seed and seed and land varieties for normal use in agriculture.
(1) The production area and the quantity of seed and seed produced for normal use in agriculture shall be determined by the agricultural production plan for the growers.
(2) The production plan shall also provide for the production of seed and seed of regional varieties obtained by the propagation of certified seed and seed (§ 8) of authorised regional varieties.
Production by another breeder.
If a breeder cannot produce the necessary quantity of elite seed and seed specified by the implementation plan in his undertaking, he may be ordered to supply the necessary quantity of elite seed and seed to another breeder for production.
Recognition procedure.
(1) Only accepted seed and seed with a variety designation and appropriate cultivation may be put into circulation. Recognition shall be carried out by the appropriate seed testing institute.
(2) The Ministry of Agriculture shall, by means of an order in the official register of the Institute for the Testing of Seeds and their Circumstances, lay down the details and conditions for the certification of seed and seed, after derogation, the scope of the quality control of samples and the method of issuing certificates of recognition (recognition certificate) and the quality rules.
Commercial seed and seed.
In the absence of recognised seed, seed and seed of the outermost varieties, the Ministry of Agriculture may authorise an exemption from the first sentence of Paragraph 8 (1). In this case, by decree, it may lay down the conditions under which commercial seed and seed other than recognised seed and seed may be put into circulation for normal use in agriculture.
A seed and seed shop.
(1) Undertakings supplying recognised seed and seed for propagation and undertakings supplying recognised seed and seed for normal use in agriculture shall be liable for the authenticity of the variety and for the prescribed quality of seed and seed for delivery in closed and sealed containers until the packaging is opened without prejudice to further guarantees under the general rules. The guarantee is provided that the recipient has taken care of the seed and seed delivered with care of the proper operator.
(2) When sold from an open package, the seller is obliged to issue to the customer a guarantee note on the authenticity of the variety and the prescribed quality of the seed and seed delivered.
(3) The trade in seed and seed and seed and planting on the markets is prohibited.
Obligation to use seed and seed production.
Producers may be ordered to use seed and seed of a certain degree in part or exclusively for sowing or planting. The Ministry of Agriculture may entrust the Regional and Regional National Committees to impose such an obligation in individual municipalities, following the case of counties infested with grain gangrene, or in which there are conspicuously low yields and below, and declare it in the usual manner.
Seed and seed control.
(1) The seed testing institutes (Section 8 (1)) are authorised to take samples to check the authenticity and quality of seed and seed supplies.
(2) The Ministry of Agriculture shall issue an official certificate for carrying out checks on the authenticity and quality of seed and seed supplies, in particular on the collection and dispatch of samples and on the reimbursement of costs.
Exports and imports of seed and seed.
The export and import of seed and seed shall be carried out in accordance with the external trade implementation plan and shall always require the approval of the Ministry of Agriculture.
(1) The exported and imported consignments of seed and seed shall be subject to quality control and be notified in advance to the appropriate seed testing institute (Section 8 (1)).
(2) In agreement with the Ministry of Finance and Foreign Trade, the Ministry of Agriculture will issue a decree in the Official Gazette for the marketing of imported seed and seed.
The abolition of existing breeding centres.
(1) To date, the breeding headquarters: The Union of Plant Breeders in Prague and "Verses," the Union of Breeders and Plant Producers in Slovakia, the cooperative in Bratislava, will cease without liquidation. Their assets are transferred to the Czechoslovak State and entrusted to the administration of Czechoslovak state goods, a national company which guarantees any debts only up to the amount of assets taken over.
(2) The provisions of Section 4 (3) of Act No. 126 / 1948 Coll., on the nationalisation of certain breeding enterprises apply mutatis mutandis to the arrangement of commitments which are economically unjustified.
Care for the enhancement and expansion of fruit and wine industry.
The nurseries may be set up, extended, translated, restricted or cancelled only under the conditions laid down by the Regional National Committee. The Regional National Committees shall follow guidelines issued by the Ministry of Agriculture.
The Regional National Committees shall establish, within the framework of a single economic plan for nurseries operated within their area of responsibility, with the approval of the Ministry of Agriculture, overall plans for planting seedlings and rootstocks.
Paragraph 16 and 17 do not apply to Czechoslovak state goods, national enterprise, Czechoslovak state forests, national enterprise, and other agricultural plants, the production and sales plan of which is laid down directly by the Ministry of Agriculture within the framework of the Single Economic Plan.
The Regional National Committee may, on a proposal from the Institute for the Testing of Seeds (Section 8 (1)), determine that the grower of a particular tree or bush, or of certain groups of trees or shrubs, may not remove them without its authorisation and that he is obliged to sell the fruit crop after ripening, as well as grafting, to an undertaking designated for the production of seed, after grafting. The operator of this undertaking shall be obliged to buy from the grower the fruit, seed, after the garment, at the official price due for their removal.
In agreement with the Ministry of Food Industry, the Ministry of Agriculture may provide for the provision of seeds for processing and use for cultivation purposes.
Health surveillance of nurseries and their products shall be carried out by the Regional and Regional National Committees and shall cooperate as necessary with the State Plant Protection Institutions. Further directives for the exercise of such supervision shall be issued by the Ministry of Agriculture by an official decree.
Measures against plant pests.
Users of all land (even non-cultivated) are obliged to protect for their own cargo the land and the crops on it from plant pests (pests). They are therefore obliged to take measures to prevent and ensure the presence and spread of pests.
(1) If there is a reasonable concern that pests occur to a dangerous extent, or if this has already been the case, national committees, in particular local national committees, shall take appropriate action against them. In cases where the danger cannot be resolved otherwise, national committees shall ensure the synergy of the population in accordance with the rules on fire protection and other natural disasters.
(2) Land users shall suffer from the implementation of the measures referred to in paragraph 1 and shall cooperate, depending on the nature of the work or the provision of material resources.
(3) The costs of the measures referred to in paragraph 1 shall be provisionally covered by the national committee which ordered the measures. The local national committee shall set them out to land users according to the principles applicable to the collection of contributions under the rules on the financial management of national committees.
(4) Measures to avert the general risk posed by a sector of agricultural production shall not cover part of the costs paid by aid granted through State resources.
State research institutes of agriculture and forestry are entitled to carry out research investigations and experiments in order to find the right way to eradicate and prevent pests. Land users are obliged to allow this activity.
(1) Only healthy and pest-free goods are required to supply seed and seed suppliers.
(2) Producers of rye, wheat, barley and oats and mixtures of such crops are required to use only seed of properly and effectively pickled plant protection products for their sowing.
(1) The Ministry of Agriculture shall, in agreement with the central authorities involved, issue regulations in the Official Gazette,
(a) which pests, to what extent and when they must be thinned and how plant protection products must be used, in particular with regard to the safety and health of humans or animals;
(b) which measures must be taken to successfully eradicate pests or to prevent them from occurring, spread or introduced and on whose cargo.
(2) The Government may provide for a regulation to prevent the spread or introduction of pests on importation, transit and export. In doing so, it may be provided that defective goods are excluded from further transport or that they are ordered to be destroyed.
(3) The obligations imposed under this Part of the Act on land users shall apply mutatis mutandis to persons who store products of plant origin.
Plant protection and plant products, their sale and control.
The District National Committee may provide for funds the production, import or sale of which does not comply with the provisions of this Act and the provisions laid down therein and may order that they be destroyed or used appropriately.
(1) Professional supervision of the maintenance of the provisions of this Part of the Act and of the regulations issued under it shall be carried out by the Ministry of Agriculture and the National Committees. In specific cases, the Ministry of Agriculture may also entrust supervision to the state research institutes of agriculture, after the case of forestry, and to the state research centre.
(2) The Minister of Agriculture shall, in agreement with the relevant Ministers, provide for a regulation to specify the rights and obligations of the supervisory authorities, the obligation for producers of plant protection products to report to the Ministry of Agriculture each series produced before it is put into circulation, the determination of the entry points for the inspection of imported plants and plant products, as well as that the users of the land and other responsible persons are obliged to provide the control authorities with the necessary data, aids and means.
(3) In an agreement with the Ministry of Agriculture, the Ministry of Finance shall provide for a decree in an official register in which the fees in favour of the Treasury and to what extent shall be levied for the inspections carried out under this Part of the Act or under the regulations issued under it and shall also issue provisions on their collection.
Provisions common, transitional and final.
(1) Local agronomists who are selected from experienced farmers are the auxiliary bodies of local national committees in the implementation of this law.
(2) In agreement with the Ministry of the Interior and Finance, the Ministry of Agriculture will issue more detailed regulations on local agronomy in the Official Gazette, in particular on their tasks and the reimbursement of their final expenses.
(1) The examination provided for in Article 3 and the recognition provided for in Article 8 shall be subject to the levying of compensation, the amount of which shall be determined by the Ministry of Agriculture in agreement with the Ministry of Finance by an official decree.
(2) A fee shall be levied for the implementation of the health surveillance provided for in Article 21, the amount of which shall be determined and the detailed provisions laid down by the Order in the Official Gazette issued by the Ministry of Finance in agreement with the Ministry of Agriculture.
(1) Varieties which have been authorised under the provisions in force so far, as well as seed and seed which have been recognised under those provisions, may continue to be used unless authorisation or recognition is withdrawn.
(2) Until provisions are laid down for the implementation of this law, it is appropriate to apply the existing rules accordingly.
(1) The provisions of this Law do not apply to seed and seed for forestry purposes. The provisions of this Act shall apply to pests of forest cultures only as long as the protection against them is not otherwise regulated by forest laws and regulations issued by them.
(2) If the implementation of this law affects military administration, it will be followed by guidelines issued by the Ministry of Agriculture in agreement with the Ministry of National Defence.
(1) Until the provisions for the implementation of Article 12 of Act No. 279 / 1949 Coll., on the financial management of the national committees, the schedule of costs referred to in Article 23 (3) shall be implemented, taking into account in particular the size of the treated cultures and the personal and material fulfilment provided. The local national committee shall draw up an overview of the cost schedule, which shall include a public consultation notice that objections to the timetable may be raised to the local national committee within 15 days, starting the day following the listing. Only persons listed in the inventory may object; they shall be definitively decided by the District National Committee. The official statement from the final summary is the execution title for recovery of the allocated cargo.
(2) The funds which were authorised before the entry into force of this Act do not need new testing or authorisation. However, even such means must be registered by the manufacturer, after the importer's case, within 30 days of the date of entry into force of this Act by the Ministry of Agriculture, which shall declare them on the official list. In agreement with the relevant ministries, the Ministry of Agriculture may withdraw the authorisation to put into circulation, as well as those means, if their production or import does not comply with the authorisation principles. Devices which have not been entered in time may not be further produced or imported without authorisation under Paragraph 27 (1).
(1) The date of entry into force of this Act is the date of repeal of the provisions contrary to its provisions.
(2) In particular:
1. provisions on municipal tree nurseries, contained in Article XII / 1894, on the field economy and on field police;
2. Government Decree No. 624 / 1920 Coll., on the treatment of trade with red clover, lucerne and waste of all clover and lucerne, as amended by Government Decree No. 410 / 1921 Coll.,
3. Law No. 128 / 1921 Coll., on the recognition of the originality of varieties, the certification of seed and lard and the testing of varieties of cultural plants, and the provisions laid down therein,
4. Act No. 165 / 1924 Coll., on the Protection of Plant Production, and the Regulations issued pursuant thereto,
5. Government Decree No. 119 / 1937 Coll., on Trade in Vegetable and Garden Seeds,
6. Government Decree No. 69 / 1941 Coll., on Seeds and Propagating Material, and Regulations issued under it,
7. Government Decree No. 89 / 1941 Coll., on the control of plant protection products and plant products against and trade in harmful agents, and the provisions issued pursuant thereto; and
8th Decree of the Minister for Agriculture and Forestry No. 202 / 1944 Coll., on the Modification of Nursing.
This Act shall take effect on the 30th day following its publication; it shall be implemented by the Minister for Agriculture in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Děuriš v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 188 / 1950 Coll., on Improvement of Plant Production |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1950 |
|---|---|
| Effective from | 27.01.1951 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0