Requirements and Procedures.
General Provisions 1. PURPOSE.
To establish the requirements and procedures that must be met for the import, trade and use of good quality seeds as well as to prevent practices that could be misleading, through conformity assessment, in observance of the Law of the National Seed Office No. 6289.
2. SCOPE OF APPLICATION.
It applies to the seeds of species useful in agricultural, livestock, and forestry activities, used by importers, exporters, and traders (comercializadores) of seeds during the performance of these economic activities.
3. REFERENCES.
This Regulation is complemented by the following:
3.1 Decree No. 36844-MAG-MEIC-COMEX, putting into effect Resolution No. 265-2011 (COMIECOLX), RTCA 65.05.34:06 Registry of Commercial Varieties. Registration Requirements, published in Gazette No. 228, Monday, November 28, 2011.
3.2 Decree No. 36588-COMEX-MEIC-MAG, putting into effect Resolution No. 259-2010 (COMIECOLIX), RTCA 65.05.53:10 Requirements for the production and trade of certified seed of basic grains and soybeans, published in Gazette No. 117, Friday, June 17, 2011.
4. DEFINITIONS.
4.1 Official quality analysis: process carried out in an official laboratory, from a seed sample sent by the National Seed Office, in order to evaluate the quality of a seed lot.
4.2 Seed quality: set of inherent attributes of the seeds that considers their genetic condition, physical, physiological, and phytosanitary state.
4.3 Seed trade (Comercialización de semillas): the offer for sale, possession for sale, sale, and any other commercial operation (assignment, delivery, or transfer) for commercial exploitation purposes, of seeds to third parties, for consideration or not. Excluded from this definition are: the delivery of seed samples for exclusive research purposes, the assignment or exchange between farmers of local, traditional, or creole seeds.
4.4 Seed trader or vendor (Comercializador o expendedor de semillas): any natural or legal person, of a public or private nature, who, in their own name or on behalf of another, habitually engages in producing, offering, importing, exporting, distributing, or selling seeds, without this necessarily being their main activity.
4.5 Seed consumer or user (Consumidor o Usuario de semillas): any natural person or entity, whether de facto or de jure, who as the final recipient acquires or uses seeds as inputs to integrate them into the processes of production, transformation, or trade of plants.
4.6 Official quality control (Control oficial de calidad): process to which the seed is subjected for the verification of quality standards or norms, established by the National Seed Office.
4.7 Seed lot: specific quantity of seeds, physically identifiable, for which an official quality analysis certificate can be issued.
4.8 Seed sample: Quantity of seed representative of a lot, obtained by combining and mixing subsamples taken randomly from different points of the lot.
4.9 Reference sample (Muestra de referencia): seed sample supplied by the producer company, which is representative of the seed lot to be traded.
4.10 Official sample (Muestra oficial): seed sample taken by an inspector of the National Seed Office, for official quality control purposes.
4.11 Quality standards (Normas de calidad): quality levels established by the National Seed Office, which the seed must possess for its trade.
4.12 Seed: Any plant structure intended for the sexual reproduction or asexual multiplication of a species, such as botanical seed, cuttings, stakes, graft-patterns, buds, bulbs, rhizomes, tubers, in vitro.
4.13 Variety: set of cultivated plants or individuals that are distinguished by one or more morphological, physiological, cytological, chemical, or other agricultural or industrial characters, and that, when reproduced, maintain their distinctive characteristics of uniformity and stability.
Obligations of Seed Importers, Exporters, and Traders 5. TECHNICAL CONTENT.
5.1 Seed importers, exporters, and traders (comercializadores de semilla) must comply with the following obligations:
5.1.1 Be duly registered in the User Registry of Services, which the National Seed Office maintains for these purposes (Annex A).
5.1.2 Provide facilities to official inspectors for sampling, inspection, and supervision (fiscalización) of seed distribution and trade processes, and verification of quality standards.
5.1.3 Possess adequate facilities for the storage and handling of the seed in order to preserve the quality and maintain its identity.
5.1.4 Provide the information required by the National Seed Office.
5.1.5 Trade (Comercializar) only seeds that meet official quality standards and are of varieties registered in the Registry of Commercial Varieties for those crops where so determined.
5.1.6 Keep a record of seed trade, as established by the National Seed Office, detailing invoice number, seller, buyer, lot number, variety, and quantity sold.
5.1.7 Comply with the standards established in the Seed Law No. 6289 and its Regulation, as well as in the Central American Technical Regulations (Decrees No. 36588-COMEX-MEIC-MAG and 36844-MAG-MEIC-COMEX).
5.2. Natural and legal persons engaged in the import, export, or trade of seeds into the country must register in the annual registry that the National Seed Office will keep (User Registry). The requirements for registration are the following:
5.2.1 Complete the registration application form (Annex A: User Registry).
5.2.2 Attach a copy of the legal certification (personería jurídica) (with a validity of less than or equal to three months).
5.2.3 Description of storage conditions and site.
5.2.4 Pay the corresponding annual fee, as indicated at www.ofinase.go.cr/tarifas/tarifaspor servicio/registro de usuario Accepted applications will be assigned a registration number, which must be indicated on seed import or export applications.
In those cases of occasional or sporadic imports or exports, compliance with this registration requirement will not be necessary.
For the renewal of the annual registration, only the payment of the annuity will be required, unless there is any modification in the information declared in the original form, in which case it would additionally require completing the form with the updated information. Once these requirements are met, the user registration will be immediately enabled for a period of one year.
Import/Export Registration Procedure 6. REGISTRATION APPLICATION 6.1. In accordance with Article 15, subsection f) of the Law of the National Seed Office, any seed import or export requires the prior registration procedure before the National Seed Office.
Applications for seed import or export registrations must be processed and accepted before the arrival of the seed in the country. For this purpose, the interested party must submit the corresponding application (Annex B), in which the following information will be provided:
6.1.1 Name and address of the importer and exporter 6.1.2 Seed information:
a. Scientific name b. Common name c. Variety d. Seed quantity, expressed in kilograms or in units as appropriate e. Value in dollars f. Copy of the commercial invoice g. Country of origin or destination of the seed.
h. Use (commercial, experimental, or own use) i. Means of transport j. Customs office of arrival or dispatch k. Observations l. When dealing with seed of genetically modified varieties, this must be expressly declared in the application.
6.2. Once the registration application has been submitted (for both user registration and seed import and export registration), and the corresponding fee has been paid (www.ofinase.go.cr/tarifas/tarifasporservicio), the National Seed Office will have a maximum period of four days to duly process the corresponding registration. Within that period, the Office will have three days to notify the administered party if any requirement is missing. The administered party, in accordance with the provisions of Article 264 of the General Law of Public Administration, will have a period of ten business days to comply with the missing requirements. If the interested party does not address the notification within the indicated period, in accordance with the provisions of subsection 2) of the aforementioned article, they will be declared, ex officio or at the request of a party, without the right to the corresponding procedure.
Once the interested party fulfills the missing requirements, the National Seed Office will have the remaining time from the moment of the notification, within the maximum period from the date of application submission, to grant the registration.
The seed import or export registration, issued by the National Seed Office, will be valid for thirty business days from the date of its issuance.
6.3. To by electronic means in the formats prepared for this purpose (Annexes A and B of this Regulation).
6.4. Based on the application, the National Seed Office will process the import or export registration, which will be a requirement for authorization, by the General Directorate of Customs, of the customs clearance (desalmacenaje) or dispatch of the seed. The prior registration before the National Seed Office represents, for customs purposes, technical note No. 45 called "Authorization for seed import or export." It is the responsibility of the National Customs Service of the Ministry of Finance to ensure that seed imports or exports comply with the corresponding technical note.
6.5. The National Seed Office may deny the import registration application when:
6.5.1 The seed to be imported, for commercial purposes, corresponds to varieties not registered in the registry of commercial varieties, for those crops in which this type of registry operates.
6.5.2 Due to the seed's own characteristics, nature, origin, or quality, its commercial agricultural activity, the public interest, to preserve plants, or to avoid serious environmental damage.
6.5.3 The seed comes from a country that has some phytosanitary restriction established by the State Phytosanitary Service.
6.6 The National Seed Office will process registration applications for seed imports for uses other than trade (research and own use).
6.7. CONTAINER AND PACKAGING.
6.7.1. Seeds exposed for sale or delivered to third parties for their trade must be contained in new and closed containers, in such a way that they cannot be opened without destroying the seal, or without leaving signs that show that the content could have been altered or changed. Any container opened for any reason before the expiration of the official analysis will lose the validity thereof.
6.7.2. Seeds must be kept and traded in their original containers and with the labels or tags of the country of origin. Excepted from this standard are cases of seeds that are repackaged. For repackaging, prior authorization must be requested from the National Seed Office. At the time of receiving the application, the Office will coordinate the inspection according to the repackaging date planned by the administered party, for the purpose of supervising this operation and may carry out resampling of the repackaged seed when it considers it necessary. Also, in this case, the corresponding invoice must indicate: the varietal denomination, quantity, and lot identity.
6.8. MARKING AND LABELING.
Containers will have labeling that describes and guarantees their content. The labeling printed on the containers or the labels adhered to them will have at least the following indications:
6.8.1. Producer Name. In the case of imported seeds, the name of the national distributor, the specifications of physical purity, germination, and other quality attributes may be replaced on the labels by the indication "The seeds contained in this container comply with the current official minimum quality standards." 6.8.2. Species, variety, category 6.8.3. Lot number or identification 6.8.4 Physical purity and germination expressed in percentages 6.8.5 Net weight or number of units 6.8.6 If the seeds have been treated with a chemical product, the producer must indicate this condition as well as the product used.
6.8.7 Any natural or legal person who offers seed for trade under any title is responsible for the correct labeling and the veracity of the information indicated on the container, label, or tag.
6.8.8 Seed cannot be traded with a denomination, information, or presentation that is misleading.
6.8.9 Varieties must be traded with the same denominations with which they were registered in the Registry of Commercial Varieties.
Verification of Quality Standards 7. CONFORMITY ASSESSMENT PROCEDURE.
After entry into the country, all seeds will be subject to the provisions of Law No. 6289 regarding control and supervision (fiscalización) by the National Seed Office.
7.1. Seeds imported for commercial purposes must comply with the quality standards established and officially published by the National Seed Office; for those seeds for which national standards are not available, they must comply with the information indicated by the producer company (veracity of labeling). The quality condition of the seeds at the time of sale is the exclusive responsibility of the producer and/or trader (comercializadora) company.
7.2. The National Seed Office may establish the necessary controls so that seed imported for purposes other than trade complies with quality standards, observing for this: criteria for protecting agricultural activity, the health and life of people and animals, the preservation of plants and the environment, as well as the prevention of practices that could be misleading.
7.3. For seeds of crops in which an official quality control system has been established and operates (verification of minimum quality standards), the importing companies must timely and formally request from the National Seed Office the service of sampling and quality analysis of the different imported seed lots.
7.4. In those cases where the National Seed Office determines it is convenient, whether to avoid opening hermetic containers, so as not to compromise the seed quality once the container is opened; also for those high-cost seeds that are sold by unit, or seeds sold in sealed containers and do not allow sampling without opening it, the importer may supply reference samples of the imported lots, for the purposes of verifying quality standards, without prejudice to the official sampling by the National Seed Office if deemed pertinent.
7.5. In situations of urgent use due to planting opportunity or weather conditions or planting season, and in the event of a shortage of seed or the required variety, the General Directorate of Customs and the State Phytosanitary Service will provide all cooperation and logistical support to the inspectors of the National Seed Office for the inspection and sampling of seeds prior to customs clearance (desalmacenaje).
7.6. Seeds of varieties imported for reproduction or multiplication purposes, conditioning, or transit for their subsequent export, will not require official quality control, unless the National Seed Office considers it necessary or the interested party so requests.
7.7. Plant products imported and whose destination is exclusively industrialization, consumption, or any other destination unrelated to sowing or planting, may not be traded or transferred as seeds. The purchasers of these materials will be subject to the same prohibition.
7.8. In exceptional cases, whether due to national shortage, or when regional or bilateral agreements have been established, the National Seed Office may recognize quality certificates issued by official bodies of the country of origin, without prejudice to its power to carry out verifications, when deemed pertinent.
7.9. The National Seed Office will issue certificates of the origin of seed production for export, in cases where this document is required by the exporter or the importing country.
7.10. The National Seed Office may supervise (fiscalizar) and verify the quality of seeds for export and issue the corresponding quality analysis certificates.
Supervision (Fiscalización) and Monitoring 8. COMPETENT AUTHORITY.
In accordance with Article 15, subsection f) of the Law of the National Seed Office, No. 6289, said entity is empowered to supervise (fiscalizar) the quality of seeds during their trade, carry out chain of custody monitoring, monitor quality, and verify the veracity of labeling. This control may be carried out periodically on premises and establishments that store or sell seeds, when deemed convenient or necessary.
8.1. Duly identified official inspectors may inspect or supervise establishments or places where seeds are found in the process of preparation and packaging, stored, offered, or exposed for sale. Likewise, they may take samples of the different seed lots for the performance of quality analysis, for the purpose of verifying minimum quality standards or the veracity of labeling, as appropriate.
8.2. The National Seed Office may request from trading companies weekly reports on seed sales and stocks, or for longer periods depending on the sales dynamics specific to each activity, for statistical and general information purposes. Strictly commercial information will be considered confidential.
Responsibilities and Functions of the National Seed Office 9.1. It is the responsibility of the National Seed Office to offer timely and reliable service both to trading companies and to seed consumers or users. As well as to maintain the confidentiality of the required information and apply corrective measures when justified.
9.2. The National Seed Office, as the regulatory body in this matter, has the following functions:
9.2.1- Ensure that seeds sold on the market comply with quality standards or, failing that, the veracity of the labeling.
9.2.2 Formulate education and information programs for the seed consumer or user, in order to train them for discernment and making informed decisions regarding the acquisition of seeds.
9.2.3 Keep the registry of seed trading companies.
9.2.4 Keep the registry of seed imports and exports and establish the technical standards for their trade.
9.2.5 Verify the minimum seed quality standards.
9.2.6 Verify the veracity of labeling.
9.2.7 Carry out sampling and seed quality analysis, in coordination with the official laboratory.
9.2.8 Keep the registry of official quality analyses, information that will be for public use.
9.2.9 Study the technical problems that may arise in the seed trade and issue the corresponding reports and recommendations.
9.2.10 Supervise (Fiscalizar) the processes of storage, fractionation (fraccionamiento), preparation, packaging, labeling, and trade of seeds.
9.3. Violations of the obligations stipulated in this Regulation and the Law of the National Seed Office will be subject to administrative sanctions, such as: warning by written notification, admonishment according to the seriousness of the violative and proven acts, seed seizures, temporary suspension of registrations, temporary suspension of inscriptions, temporary closures of establishments, cancellations or suspensions of authorizations or permits, as appropriate in each specific case.
9.4. In order to determine by the National Seed Office the violation of Law 6289 or this Regulation, an ordinary administrative procedure will be followed, which for all purposes must observe the constitutional principles that guarantee the right of defense, the search for the real truth, speed, and officiality, all in accordance with the provisions of the General Law of Public Administration and the Contentious Administrative Procedure Code.
10. ANNEXES.
USER REGISTRY OF SERVICES (In accordance with Article 10 of the Law of the National Seed Office 6289 and Articles 3 and 5 of this Technical Regulation) Through this document, I _____________________________________, ID number ____________________ As legal representative of the Company (natural or legal) detailed herein, apply for registration based on what is indicated here for the period _____________________ and for which I provide the following information:
1. (Mark one of the two) First-time registration ¹/ _________________ Registration renewal ¹/___________________ 2. Company information:
Name or corporate name: ____________________________________________________ Natural or legal ID number: ___________________________________________ Address:___________________________________________________________________________________ ___________________________________________________________________________________________ _________________________________________________________ Province_______________________Canton__________________________District____________ Telephone__________________ Fax_____________________ P.O. Box__________________ Email_________________________ Website______________________________ 3. Type of registration (mark the option(s) that apply(ies): (can be one, several, or all) a ( ) Importer of seed of _______________________________________________________ b ( ) Exporter of seed of _______________________________________________________ c ( ) Trader (Comercializador) of seed of____________________________________________________ d ( ) Producer of seed of_________________________________________________________ e ( ) Producer of seedlings (almacigo) of_______________________________________________________ f ( ) Processor of seed of_______________________________________________________ NOTE: If your activity changes, please report it.
4. Seed company(ies) that you represent: (can be one or several) _______________________________________________________________________________ ( ) Not applicable 5. Observations ___________________________________________________________________________________________ ___________________________________________________________________________________________ _________________________________________________________ I am aware of and accept the provisions of Law 6289 and its Regulation.
I commit to complying with the regulations and obligations established for the operation of the activity(ies) under which I have registered.
The following documentation is attached as part of this application:
- a)Current legal certification (Personería jurídica). The legal ID number must be legible: total 12 digits (without hyphens).
- b)Copy of identity card (if a natural person). The ID number must be legible (9 digits, zero instead of hyphens).
- c)Payment of annual fee.²/ d) Every producer and/or company that processes seed must maintain an updated description of their equipment, facilities, and capacity for this work, as well as for storage and internal quality analysis.
* Every producer who contracts third-party services for the processing of their seed must indicate the name of the company performing this work (use the observations line).
* For reproduction and multiplication activities, producers must comply with the provisions of the Law of the National Seed Office, its Regulation, and what is stipulated in the Technical Guidelines for each species.
Signature________________________________ Date_______________________________ Legal Representative__________________________________________________________ Received by: National Seed Office _________________________________________ ¹/See requirements and procedure at: www.ofinase.go.cr/Formularios/FormularioRegistro de Usuario/Procedimiento para registro.
²/See rates at www.ofinase.go.cr/tarifas/tarifasporservicio Import __________________ Day Month Year Importer (name and address) Exporter (name and address) Scientific Name Common Name Varietal Denomination Weight (Kg) Units Value $ (CIF) Country of origin (if import) or Country of destination (if export):
Use: (mark one): Commercial ( ) Own Use ( ) Experimental ( ) Means of transport (mark one) Maritime ( ) Air ( ) Land ( ) Customs office of receipt or dispatch:
Observations:
______________________________ Name of applicant Received by:
_______________________________ ID Number Date:
---------------------------------------------------------------------------------------------------- ------------------------ -END OF THE TECHNICAL REGULATIONANNEX B APPLICATION FOR SEED IMPORT OR EXPORT REGISTRATION (In accordance with Article No. 15, subsection f of the Law of the National Seed Office No. 6289 and 5 of this Regulation) Import __________________ __________________
| Day | Month | Year | |||
|---|---|---|---|---|---|
| Importer (name and address) | Exporter (name and address) |
| Scientific Name | Common Name | Variety Designation | Weight (Kg) | Units | Value $ (CIF) | | Country of origin (if import) or Country of destination (if export): | Use: (check one): Commercial ( ) Personal Use ( ) Experimental ( ) | | | | | | Means of transport (check one) Maritime ( ) Air ( ) Land ( ) | Customs of receipt or dispatch: | | | | | Observations: | | | | | ______________________________ Name of applicant Received by:
_______________________________ ID number Date:
---------------------------------------------------------------------------------------------------- ------------------------ -END OF THE TECHNICAL REGULATION