Time to Act Again! The Seeds Bill 2004 is coming

Dear friends,

Greetings !! The necessity to learn and act on the seed bill proposed to be tabled later in this session has come. Please find below a reminder from Living Farms.

Time to Act Has Come!

Bimal

The Seeds Bill 2004 is expected to be placed in the second half of the Budget session of Parliament which is scheduled to start on 13^th of this month, April. Is it a mere coincidence that the push to approve GM crops, the draconian BRAI bill and now the Seeds Bill 2004 are being placed before the Parliament without any national debate? This is not a coincidence. It is a well orchestrated plan to make the path clear for the "Gene Revolution".

In this type of do or die situation the voices of protest should be loud and clear.

Present position of the Bill: It is the same Seeds Bill which was tabled in Parliament on 9^th Dec 2004. This had come under severe criticism countrywide, from farmers’ groups, civil society organisation and many other sections as well. The demand then was complete withdrawal of this proposed bill and recognition of farmers’ absolute rights over indigenous seeds.

Because of this opposition the Bill was handed over to Standing Committee on Agriculture, who submitted its report on 28^th Nov. 2006.

But whether the recommendations of the Standing Committee are incorporated into the Bill and what is the present version of the Bill, is not yet made public.

Though the Seeds Act 1966, Plant Variety Protection & Farmers Rights Act 2001 are in place, there arises question about the purpose of this Seed Bill which overrides many of the farmer friendly provisions of the above mentioned Acts.

We are putting our efforts to share other concerns related to this Bill. Below is mentioned a brief on the highlights and key issues of the Bill. A brief explanatory note on both of these points are given as an attachment. We have done so keeping in mind your tight work schedule.

We request you to kindly go through this and share your responses which will enable all of us for next collective step.

We will be sharing with you more information on this which will affect our food sovereignty.

Regards,

Jagannath (Living Farms)

The Seeds Bill, 2004

Legislative Brief

The Bill was introduced in the Rajya Sabha on December 9, 2004.

It was referred to the Standing Committee on Agriculture (Chair: Prof Ram

Gopal Yadav).

Highlights of the Bill

      The Seeds Bill, 2004 aims to regulate the quality of seeds sold, and replaces the Seeds Act, 1966.

       All varieties of seeds for sale have to be registered. The seeds are required to meet certain prescribed minimum standards.

      The Bill does not restrict the farmer’s right to use or sell his farm seeds and planting material, provided he does not sell them under a brand name. All seeds and planting material sold by farmers will have to conform to the minimum standards applicable to registered seeds.

      If a registered variety of seed fails to perform to expected standards, the farmer can claim compensation from the producer or dealer under the Consumer Protection Act, 1986.

      The Bill permits self certification of seeds by accredited agencies and allows the central government to recognize certification by foreign seed certification agencies.

      Every seed producer and dealer, and horticulture nursery has to be registered with the state government.

Key Issues and Analysis

  

        Mandatory registration and the National Register of Seeds. Although farmers are exempt from registering their seed varieties, the seeds have to conform to standards prescribed for commercial seeds. Farmers may find it difficult to adhere to the standards required of commercially sold seeds.

        Compensation for underperformance of seeds will be governed by consumer courts.

        Seed inspectors can take samples from anyone selling purchasing or transporting seed. They have the power of search and seizure without a warrant.

        It is not clear whether the Bill bans certain genetic engineering technologies such as “genetic use restriction technology” and “terminator technology.” These technologies preserve intellectual property rights by either requiring specific additives, or by making the next generation seeds sterile.

        Under the new Seed Bill all imported seeds will also need to be registered, though the government may allow the import of an unregistered seed for research purposes. Apart from the registration of imported seeds, the new Bill does not make any other provisions.

        The Bill does not make it mandatory that an applicant has to furnish, such as data about the source and geographical origin, in order to register a seed variety.

        The Bill does not have the provision of benefit sharing (as mentioned in the Convention on Biological Diversity and the PPVFR Act), in which case any applicant can register and use a farmer’s variety of seed without compensating the farmer.

        There is no specification of quality assurance systems.

        Self Certification and testing before registration. Seed producers would be permitted to self-certify the performance of their seeds under certain conditions. The seed companies need to provide the results of multi-locational trials before registration. This opens up the possibility of false declaration by seed companies

        Some provisions of the Seeds Bill, 2004 contradict and overlap with the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPVFR Act).