Decree No. 61 / 2011 Coll.
Ordonnance on the sampling requirements, procedures and methods for testing seed and seed
Valid
Effective from 15.03.2011
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61
DECLARATION
of 9 March 2011
on the sampling requirements, procedures and methods for testing seed and seed seed
The Ministry of Agriculture shall determine, pursuant to Articles 3a (11), 4 (15) (a) and (b), 5 (9) (h), 6 (10) (c) to (f), 19 (15) (l) and 22 (10) (b) of Act No. 219 / 2003 Coll., on the putting into circulation of seeds and seedlings and on the amendment of certain laws (the Law on the circulation of seeds and seedlings), as amended by Act No. 178 / 2006 Coll., Act No. 299 / 2007 Coll., Act No. 96 / 2009 Coll., and Act No. 300 / 2009 Coll. (the Act):
Preliminary provisions
(1) This decree implements the relevant provisions of the European Union1) and regulates the requirements for sampling, procedures and methods for testing seed and seed.
(2) For the purposes of this decree:
(a) a partial sample of a lot of seed or seed taken from a lot of seed or seed in a single sampling operation;
(b) by an aggregate sample, a sample resulting from the sprinkling and mixing of all incremental samples taken from one lot;
(c) a laboratory sample of the prescribed minimum mass referred to in Annex 5 intended to be sent to the test laboratory, consisting either of the whole aggregate sample or of a division of the aggregate sample,
(d) by a reserve sample, a sample intended for storage for any further tests prepared from the same aggregate sample and in the same way as the laboratory sample; each reserve sample must bear the designation "Reserve sample 'with the symbol" R',
(e) a revision sample for re-assessment of the health status of seed potatoes,
(f) adjustment operations involving the packaging, closure and labelling of a sample or seed lot;
(g) by the sampled staff member of the Central Audit and Examination Institute of the Agricultural Institute (hereinafter referred to as the Institute) or a natural person authorised by the Institute for Sampling pursuant to Article 17 (3) of the Act,
(h) by an official sample, a sample taken and supplemented by a sample;
(i) a sample for the growing test, a sample intended for the growing test for the determination of species and varietal purity and authenticity, health status or hybrid;
(j) a common sample taken together and adjusted by the supplier and the buyer;
(k) a private sample sample which does not comply with the requirements of the official or common sample;
(l) a standard sample of a variety intended for comparison in plant and laboratory tests for varietal identity,
(m) a sample taken by a sample sampled by a sampled official who is an employee of the Institute for the purpose of checking the quality of propagating material put into circulation or for the purposes of official supervision pursuant to Article 17 (14) of the Act;
(n) a sample of the weight of the test sample set out in Annex 5 and intended for the determination of the mixtures of other plant species in pieces;
(o) a basic test sample weighing as set out in Annex 5 and intended to determine the purity of the seed as a percentage,
(p) the homogeneity of seed lots within natural variability;
(q) heterogeneous seed inconsistency of a seed lot in which the individual components of the quality characterisation are not evenly distributed,
(r) a sample for the determination of the health status of seed potatoes, the number of tubers collected after completion of vegetation referred to in Annex 1;
(s) an official or reserve sample packaging;
(t) sampling for sampling;
(u) an employee of the Institute or a natural person appointed by the Institute to carry out seed inspections pursuant to Article 17 (2) of the Act.
Procedure for checking the accompanying documents of the lot of propagating material
[Articles 4 (15) (b) and (e) and 19 (17) (l) of the Law]
(1) Before sampling, the supplier shall submit the following documents to the samples:
(a) an application for recognition of propagating material;
(b) proof of recognition of the crop;
(c) the records referred to in Article 7 (1) of the Act,
(d) the registration of accepted, issued and shredded labels by category and generation of propagating material maintained in accordance with Article 19 (5) of the Act, containing at least the information referred to in paragraph 2, and the record of the destruction of the labels which have been destroyed, on forms the models of which are published on the Institute's website; the registration of accepted, issued and shredded labels may be submitted in electronic form,
(e) the completed information on the sample list, in accordance with the model of the print of the sample list set out in Annex 2 to this Regulation; and
(f) in the case of seed potatoes, the completed label of the sample for determining the health status of seed potatoes, which shall contain the particulars referred to in paragraph 5.
(2) The records of accepted, issued and shredded labels referred to in paragraph 1 (d) shall contain at least the following particulars:
(a) the date of receipt of the labels or the date of printing of the labels, in the case of shredding of the labels, the date of shredding;
(b) species and variety,
(c) categories and generations;
(d) the lot number,
(e) the number and range of serial numbers accepted, issued and shredded labels;
(f) the body for which the labels are intended; and
(g) the stamp and signature of the sampled producer which carried out the check of the data in the register.
(3) An establishment where seed sampling is carried out for the purposes of certification must be equipped with a book with a fixed link with records of all sampled lots. The sampled samples shall be accompanied by a signature and stamp of the records in this book. The list of records of sampled lots may be replaced by the seed production register and shall contain at least the following information:
(a) the date of sampling;
(b) the lot number,
(c) identification of the propagator;
(d) species and variety,
(e) categories and generations;
(f) lot size; and
(g) the range of serial numbers of the labels.
(4) The labels of unrecognised seed are removed from the packaging when dispatched from storage. The disposal of labels shall be carried out at the place where the labels are removed from the packaging. The disposal of the labels shall be carried out exclusively by a sample collector who is an employee of the Institute and shall be certified on the record of the destruction of the labels.
(5) The label of the sample for determining the health status of seed potatoes contains at least the variety name, category and generation, the area of the propagation crop, the number of the propagation crop, the supplier's stamp, the identification of the propagator, the indication of the region and the district in which the propagation crop is located. The date of sampling and the signature and stamp of the sampled sample maker shall be supplemented after the sampling itself.
Technological and sampling procedures and procedure for determining the heterogeneity of the seed lot
[K § 3a (11), § 4 (15) (a), § 6 (8) (c) and (d) of the Act]
(1) The seed and seed sampling shall be carried out in such a way that a representative sample and a reserve sample of the weight set out in Annex 5 are available for laboratory or mechanical analyses and growing tests.
(2) Sampling for the purpose of issuing official documents shall be carried out only by the sample maker. Sampling for the purpose of issuing international certificates shall only be carried out by a sample collector who is an employee of the Institute.
(3) The lot prepared for sampling must be homogeneous and must not exceed the weight laid down in Annex 5 by more than 5%. The larger quantities shall be divided into several separate lots. The maximum weight of a lot of grass seed may be increased to 25 000 kg if the supplier has received authorisation from the Institute.
(4) The sampling of seed and seed seed carried out in the framework of the certification procedure, the control of the production and circulation of seed and seed, and the surveillance of the Institute pursuant to Article 17 (14) of the Act shall be carried out in accordance with the technological procedures set out in Annex 1.
(5) The technical means of sampling are set out in Annex 1.
(1) The minimum weight of laboratory seed samples of each species is given in Annex 5, the mixture being determined according to the species which has the highest weight of the laboratory sample.
(2) The minimum size of seed potatoes samples is given in Annex 5.
(3) The minimum sample size of the onion seed and garlic seed is given in Annex 5.
(4) The minimum sample size of vegetable seedlings is given in Annex 1.
(5) The minimum size of the samples for growing tests is given in Annex 5. In the case of hybrid vegetable seed, the size of the sample may be adjusted for the growing test in agreement with the plant test station for the growing test of vegetables.
(6) The minimum sample size of pelleted, incubated and granulated seed, seed bands and seed mats is given in Annex 5.
(7) The maximum weight of the lot of propagating material is laid down in Annex 5.
(1) In the case of lots of seed of special varieties or hybrids whose weight is equal to or less than 1% of the maximum weight of the lot, the weight of the laboratory sample may be reduced to the weight level referred to in Annex 5 for the test sample for purity analysis. In this case, no numerical determination of the ingredients of other plant species can be made. This rule also applies to samples taken for the vegetation test.
(2) In the case of hybrid vegetable varieties of the first filial generation, the minimum weight of the laboratory seed sample may be reduced to a quarter of the weight referred to in Annex 5, with a sample of at least 5 g and comprising at least 400 seeds.
(3) If the laboratory sample does not have the prescribed mass, the laboratory tests shall be postponed until the new sample has been delivered. The exemption shall consist of a case of non-compliance with the mass referred to in paragraphs 1 and 2. In this case, analysis may be carried out from a sample of less weight or less seed. The analysis document shall then state the following: "Test from a sample of reduced weight or less than specified seed '.
(4) The minimum weight of the test sample is prescribed for determining the moisture content of the seed
(a) 100 g for cereals with the exception of millet, leguminous vegetables, maize and sorghum;
(b) 50 g for other species;
the condition is that the sample panel must be fully filled and tightly closed. In justified cases, such as the measurement of moisture on the electric humidifier, a higher sample weight may be required.
(5) For the determination of erucic acid and glucosinolates for rape seed, a minimum test sample weight of 100 g is prescribed.
(6) The minimum sizes of seed samples and seed potatoes samples for the testing of varietal identity and varietal purity are set out in Annex 5. The model of the application for electrophoresis is published on the Institute's website.
(7) 3 samples shall be taken to check the ingredient of the genetically modified variety in the seed, one of which shall be intended for testing in the laboratory, the other kept by the supplier as a reserve sample and the third shall be stored at the Institute for the event of repeated testing. Samples shall be stored in such a way that they cannot be degraded. The minimum sample sizes for detecting the occurrence of genetic modifications in seeds are set out in Annex 5.
(1) If any evidence of heterogeneity is found in the seed lot in the documents or in the appearance of each incremental sample, the sampling of that lot shall be refused or stopped. In case of doubt as to the homogeneity of the lot, a heterogeneity test may be carried out according to the procedure set out in Annex 1.
(2) Each or part of a stored seed lot shall be permanently marked with a fixed batch label. All packages of seed lot must be intact. The seed lot must be stored in such a way that each individual package of the lot, even when stored on pallets, is accessible to inspection and sampling without undue effort. Otherwise, sampling cannot be performed.
(3) If the requirements set out in Sections 2 to 5 and paragraphs 1 and 2 are met, the sampled sample shall be taken in accordance with the technological procedure set out in Annex No 1.
(1) A lot of seed ready for sampling may be stored in bags, large-volume tanks, fence pallets or may be in bulk. In the case of bulk seed, or large volume bags where it is not possible to take the test sample after final treatment, the sampled sample shall be taken during sorting. In such cases, the supplier shall notify the start date of the grading to the sample maker at least 24 hours in advance. The supplier shall affix an official label and a fuse to the packaging; in the case of bulk seed, the label is attached to the accompanying document.
(2) The seed potatoes shall be sampled in accordance with the procedures set out in Annex 1.
(3) Sampling of onion and garlic seed shall be carried out in accordance with the procedures laid down in Annex 1.
(4) The sampling of vegetable seedlings for checking the species and variety identity, or purity or health status, shall be carried out in accordance with the procedures set out in Annex 1.
(1) For official samples, the following packages taken at supplier's expense shall be used:
(a) multi-layer paper samples with a completely supported bottom and glued side-links and the data prescribed in Annex 2 to avoid undesirable manipulation of the sample;
(b) a sample panel of impermeable material sealed to the test of moisture and to detect the presence of animal pests and samples of seeds deliberately underdried for packaging in gas-tight containers;
(c) unused sacks of such thick fabric as to prevent unwanted loss of soil and other impurities intended for seed potato samples;
(d) onion and garlic seed bags ensuring breathability of packaging.
(2) Each official sample shall be marked in such a way as to establish a link between the seed, lot and sample. Official documents of the results of the analysis shall be issued by the Institute or by the authorised person only on the basis of an analysis of the official sample.
(3) The seal intended to seal the official samples shall be issued by the Institute only to the sampled entity, which shall ensure that their unauthorised use does not occur.
(4) The official samples shall be properly sealed by the sampled entity and shall bear an official seal so that no handling of the sample is possible without obvious breach of the official seal.
(5) The seed samples shall be packed in such a way as to prevent damage to the seed during transport. The sample shall be prepared for dispatch, sealed, stamped and signed if sent by post. Samples in multi-layer paper bags to be sent by mail, the sample maker inserts individually into the cloth bags and seals the entire contents.
(6) Laboratory samples must be sent for laboratory testing at supplier's expense without delay.
(1) Paragraph 8 (1) (a), (c) and (d) and paragraphs 2 to 5 shall also apply to samples taken for vegetation tests.
(2) Samples for growing tests shall be sent by the supplier to the test station without delay in accordance with the instructions of the Institute. The model label of the seed potato sample for the growing test is published on the Institute's website.
(3) Samples for determining the health status of seed potatoes or for mechanical analysis of seed potatoes shall be sent by the supplier to a place designated by the Institute. The model of the sample label for determining the health status of seed potatoes or for the mechanical analysis of seed potatoes and the model of the sample label for seed potatoes of another country of origin shall be published on the Institute's website.
(1) When receiving the samples delivered, check
(a) the marking of the packaging by the sampling agent; and
(b) the type of seal or seal, its integrity and the integrity of the packaging of the sample, the type of sealing shall be described for common samples; and
(c) the conformity of the data, in particular the lot number, on the bag and on the accompanying document and the completeness of the data on the document.
(2) If a failure to comply with the conditions referred to in paragraph 1 is found upon receipt of the samples received, this shall be notified to the supplier without delay.
(3) If defects are detected by
(a) paragraph 1 (a) and (c) shall be tested following the removal of these defects;
(b) paragraph 1 (b) is not accepted for testing and the supplier must request new sampling.
(4) A registration number shall be assigned to the sample received, which shall also appear on the breakdown card or other accompanying test document. These documents shall accompany the sample throughout the test period.
(5) After the tests have been carried out, laboratory seed samples and seed samples for growing tests shall be stored at least until the end of the next growing season of the relevant crop. The storage conditions shall be such as not to reduce the quality of the seed in samples. If any samples need to be disposed of prematurely, an entry shall be made in the relevant sample records. An authorised laboratory may dispose of the sample prematurely only on the basis of an emergency disposal permit issued by the Institute.
(6) A seed reserve sample shall be stored on the spot and under conditions determined by the Institute for a period of 2 years, unless otherwise specified on the seed label put into circulation.
(7) Samples of seed potatoes, including samples for growing tests, are to be disposed of after completion of the prescribed tests.
Procedures and methods for evaluation of crops, testing of propagating material, sampling for comparative trials and tests within the European Union
[Articles 5 (8) (f), 6 (8) (e) and (f) and 22 (11) (b) of the Law]
(1) Specimens of crops shall be carried out by the inspector in accordance with the procedure set out in Annex 3.
(2) If the propagation crop does not meet its characteristics under the conditions laid down for the category indicated in the application for its recognition, it may be accepted in a lower category or stage, at the request of the supplier in accordance with the procedure set out in Annex 3.
(3) Vegetation tests shall be carried out by the Institute in accordance with the rules set out in Annex 4. Vegetation tests are used
(a) for checking the varietal and species authenticity and purity;
(b) to determine the percentage of hybrid;
(c) to check the health status of seed or seed potatoes;
(d) to determine the percentage of weeds in sugar beet and fodder beet seed;
(e) follow-up checks on standard vegetable seed and seedlings;
(f) as an entry and exit test for seed certification under the Organisation for Economic Cooperation and Development;
(g) as a possible part of the complaint procedure,
(h) to check the production and putting into circulation of propagating material;
(i) to check selected lots of propagating material imported from third countries;
(j) to check samples taken in the course of checks on the activity of persons responsible for sampling propagating material or to carry out seed inspections;
(k) to check the varieties not officially registered.
(4) The rules for the establishment and evaluation of vegetation tests are set out in Annex 4. The Institute shall draw up a report from the evaluation of the vegetation test.
(5) In the event that, following the inspection of the crop variety, cereals, grasses, legumes, clover, other fodder crops, oil plants, fibre plants, beet and vegetables, doubts remain as to the varietal identity of the seed, the Institute may use internationally recognised and reproducible biochemical or molecular techniques in accordance with applicable international standards to check that identity.
(1) Moisture samples and samples to determine the presence of storage pests shall be tested immediately upon delivery to the laboratory and disposed of after completion of the analysis. Other samples shall be tested gradually and without delay.
(2) The analysis of seed and seed shall be carried out according to the applicable seed and seed testing methodology. The procedures set out in the seed and seed testing methodology are compatible with the methods issued by the International Seed Testing Association (ISTA), where such methods exist for certain determination.
(3) The seed sampling requirements for the purpose of detecting the presence of genetic modifications are set out in Section 5 (7) and Annex 5. The procedures and methods for detecting the occurrence of genetic modifications in seed and seed samples are set out and published on the Institute's website.
(4) Proof of the quality of seed and seed shall be issued after completion of all the tests laid down for the seed or seed species concerned.
(1) Samples for the subsequent control of propagating material of agricultural, vegetable and fruit species, vine and seedlings of vegetable varieties listed in the species and ornamental species to be carried out in the form of comparative trials and tests within the European Union countries shall be taken from propagating material:
(a) originating in third countries; and
(b) suitable for organic farming; and
(c) put into circulation to preserve genetic diversity.
(2) The trials and tests referred to in paragraph 1 are intended to check compliance with conditions to be met by seed and seed put into circulation and to harmonise the methods used for certification of seed and seed.
(3) Sampling shall be carried out in accordance with Sections 3 to 7.
(4) The sampling, trials and tests referred to in paragraphs 1 to 3 shall be carried out by the Institute.
Transitional provision
The sampling and testing of seed and seed samples which began before the entry into force of this Decree shall be carried out in accordance with existing legislation.
Repeal
The following shall be deleted:
1. Decree No. 206 / 2004 Coll., laying down the sampling requirements, procedures and methods for testing seed and seed.
2. Decree No. 581 / 2006 Coll., amending Decree No. 206 / 2004 Coll., laying down the requirements for sampling, procedures and methods for testing seed and seed.
Efficacy
This Decree shall take effect on 15 March 2011.
Minister:
Ing. Fuksa v. r.
Příloha č. 1
Annex No 1 to Decree No 61 / 2011 Coll.
Techniques and methods of sampling of seed and seed seed and seed lot heterogeneity
1. Technical aids
(1) sampling tool or device (point sampling device, two-shell sampling device, automatic sampling device),
(2) a child,
(3) bucket and blade for mixing the sample,
(4) scales,
(5) stitching needle, twine,
(6) sample panel (multilayer paper bag),
(7) airtight packaging (e.g. PE or PP bottle) for the collection of seed for the determination of moisture and, where appropriate, for the detection of the presence of pests in storage,
(8) cloth or other breathable bag,
(9) the working surface (table) for the adjugation of the sample and administrative activity during sampling.
(10) new breathable packaging for sampling seed potatoes.
2. Subsamples taken
(1) The number or size of the incremental samples taken shall be chosen by the sampled operator in such a way that the minimum sampling intensity required in Part 3 is met, while at the same time sending to the laboratory the minimum quantity of seed required for the required tests and the creation of a reserve sample.
(2) During sampling, individual incremental samples of approximately the same size shall be taken, regardless of the lot or packaging location the samples are taken from.
(3) Where seed lots are in packages, the packaging shall be selected for sampling from the whole lot at random or according to a predetermined plan. Partial samples shall be taken from the top, middle and bottom of the packaging but not necessarily from more than one site of one packaging, unless this is necessary to meet the minimum sampling intensity specified in Part 3.
(4) Where seed lots are in bulk or in bulk, partial samples shall be taken from randomly selected places.
(5) The packaging shall be opened or pierced when the incremental samples are taken. The packaging from which the partial sample has been taken shall then be closed or its contents transferred to new packaging.
(6) Where seed lots are to be packed in specific types of packaging (for example, small packages, moist packaging, impermeable packaging), partial samples shall be taken, if possible, before or during packing.
(7) When sampling seed lots in the form of seed bands or mats, the whole packages or parts of strips or mats shall be collected.
(8) The instruments used for sampling shall not damage or select the seeds on the basis of their size, shape, bulky weight, oainess or any other characteristic. All sampling tools shall be clean before sampling to avoid possible contamination. The samples shall be long enough to reach at least the centre of the container near the pointy end. If the packaging is not accessible from both opposite sides, the sampling device shall be long enough to reach the opposite side of the packaging. When sampling seed lots, one of the following methods shall be used.
2.1. Methods of sampling
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Regulation Information
| Citation | Decree No. 61 / 2011 Coll., on the requirements for sampling, procedures and methods of testing seed and seed |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.03.2011 |
|---|---|
| Effective from | 15.03.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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