Seeds Amendment Act 1999

Seeds Amendment Act 1999

An Act to amend the Seeds Act 1985

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Seeds Amendment Act 1999 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Principal Act

In this Act, the Seeds Act 1985 is referred to as the Principal Act.

4.   Sections 3, 4, 5 6, 7, 8 and 9 substituted

Sections 3, 4, 5, 6, 7, 8 and 9 of the Principal Act are repealed and the following sections are substituted:

3.   Interpretation

In this Act, unless the contrary intention appears –

accredited person means a person accredited under section 22 ;

crop seed includes seed of pasture, cereal, grain legume, oil seed, flower, vegetable, essential oil or herb;

current certificate means a certificate of analysis issued within the previous 12 months;

hybrid, in relation to a variety of seeds, means the seed produced of a prescribed quality –

(a) by controlled pollination; or

(b) from the progeny of controlled pollination;

kind, in relation to seeds or seedlots, means a kind of seeds or seedlots which have the same common name or botanical name;

lot designation means the code, brand, mark or number which distinguishes one seedlot from another seedlot or a part of another seedlot;

Official Seed Testing Laboratory means the Official Seed Testing Laboratory continued under section 10 ;

package means any container in which seed is stored or sold;

prohibited seed means a seed which is prescribed as a prohibited seed;

Secretary means Secretary of the Department;

seed means any part of a plant intended or commonly used for planting or sowing;

seedlot means a separate quantity of seed, every portion or package of which is uniform within the prescribed permitted tolerances;

sell includes –

(a) auction or exchange; and

(b) offer, expose, supply or receive for sale; and

(c) send, forward or deliver for sale or on sale; and

(d) cause, permit or suffer the doing of an act referred to in paragraph (a) , (b) or (c) ; and

(e) offer or attempt to do an act so referred to; and

(f) have in possession for sale;

variety, in relation to seeds, has the meaning assigned to that expression in the International Code for Nomenclature for Cultivated Plants published by the International Bureau for Plant Taxonomy and Nomenclature of the International Association for Plant Taxonomy.

4.   Application of Act

(1)  This Act applies to crop seeds and prohibited seeds.

(2)  This Act does not apply to the sale of seeds if the seeds –

(a) are intended to be used for food or for processing; or

(b) are sold under an order made by a court; or

(c) are intended to be used for any experimental or breeding purposes as authorised by the Secretary.

5.   Certificate of analysis

(1)  A person may sell a package of seeds whether or not there is a current certificate of analysis in respect of that package.

(2)  If there is a current certificate of analysis in respect of a package of seeds, the seller is to provide a copy of it to a potential buyer on request.

(3)  A certificate of analysis is one of the following:

(a) a certificate issued by the Official Seed Testing Laboratory or a similar official seed testing laboratory endorsed with the word "OFFICIAL";

(b) a certificate issued by a seed testing laboratory endorsed with the word "UNOFFICIAL".

(4)  The issue of an official certificate means that the seedlot to which the certificate relates was –

(a) sampled by an accredited person; and

(b) tested by an official seed testing laboratory.

(5)  The issue of an unofficial certificate means that the seedlot to which the certificate relates was –

(a) sampled by a person who was not an accredited person and tested by an unofficial seed testing laboratory; or

(b) sampled by an accredited person and tested by an unofficial seed testing laboratory; or

(c) sampled by a person who was not an accredited person and tested by an official seed testing laboratory.

(6)  A certificate of analysis is to specify the following particulars:

(a) the address of the testing laboratory that issued the certificate;

(b) the lot designation of the seedlot;

(c) the germinability of the seed comprising the seedlot;

(d) the proportions of all other seeds present in the seedlot;

(e) the date on which it is issued;

(f) any other relevant particulars.

6.   Labelling

(1)  A package of seeds is to have on it the following information:

(a) the name and address or registered brand of the seller or packer of the package;

(b) the botanical or common name of the kind of seed or seeds contained in that package;

(c) the words "CUSTOM MIXTURE" if the seed is mixed at the time of sale to the purchaser's requirements;

(d) the word "hybrid" if the seed in the package is hybrid seed;

(e) the lot designation of the seedlot;

(f) the net mass of the seeds;

(g) if a chemical treatment has been applied to the seed, the words in red "CAUTION — TREATED WITH A PESTICIDE. DO NOT USE FOR FOOD, FEED OR OIL".

(2)  A prepackaged mixture of seeds for sale is to have on it a statement specifying the percentage mass of its components.

(3)  This section does not apply to any package of seeds sold for use as stockfeed or birdseed if the package is labelled with the word "STOCKFEED" or "BIRDSEED".

7.   Sale of seeds mixed with prohibited seeds

A person must not sell any seeds that are mixed or included with prohibited seed.

Penalty:  Fine not exceeding 20 penalty units.

5.    Section 10 amended (Official Seed Testing Laboratory)

Section 10 of the Principal Act is amended by omitting subsection (5) and substituting the following subsection:

(5)  The Secretary is not to divulge any particulars specified in a certificate relating to a sample of seeds unless the seedlot represented by the sample has been offered for sale.

6.   Sections 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 repealed

Sections 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of the Principal Act are repealed.

7.   Section 22 substituted

Section 22 of the Principal Act is repealed and the following section is substituted:

22.   Accredited persons

The Secretary may accredit a person as a person who is competent to implement a scheme approved under section 21 .

8.   Sections 23, 24, 25, 26, 27 and 28 repealed

Sections 23, 24, 25, 26, 27 and 28 of the Principal Act are repealed.

9.   Substitutions

Each of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "Minister" on the number of occurrences specified in Column 2 of that Schedule and substituting "Secretary".

SCHEDULE 1 - Substitutions

Section 9

[Second reading presentation speech made in:

House of Assembly on 16 NOVEMBER 1999

Legislative Council on 23 NOVEMBER 1999]