Seed Act 2008

(Ambreen, Islamabad)

It is exclusively said that Agriculture sector is the largest sector even after industrial shift in socio-economic setup in Pakistan. Approximately 44.7% of Pakistani labour force is contributing in this sector. Agriculture with its 22.8% GDP share, is the stronghold of the rural economy. Without absolute agricultural development, the sector cannot contribute significantly to the national economic growth.

The average growth rate of agriculture is 4.1% annually since 2002-03. In 2008-2009, the estimated growth rate is 4.7% due to bumper wheat (23.42 MT), rice (6.9MT), and maize (4.0MT). In 2008-09, Major crops has 7.7% stellar growth rate as compared to -6.4% last year while minor crops are contributing 3.6% as against 10.9% last year. Cotton being the main non-edible cash crop accounts for about 1.6% to GDP and it WAS sown on 2820 thousand hectares as against 3054 thousand hectares (7.7% less).

The country had to face a declined cotton production of 11.6 million bales as against the target of 14.11 million bales in 2007-08 due to multiple factors. One of the main reasons of low cotton production is said to be the use of fake Bt cottonseed while other factors were the attack of mealy bug, white fly, CLCV, paucity of water etc. MINFA has been started working for designing technology indigenously and introduction of Bollgard –II technology by Monsanto in Pakistan. NBC of MoE has also authorized for biosafety clearance to eight (08) cotton varieties with Bollgard-I. An MoU has been signed by the GoP and Monsanto on 03.05.09 but inadequate policies, irrigation water scarcity and wrong policy of the federal government besides non-professional approach by PCCC for setting the parameters to achieve target of crop will cost textile sector to import lint of around Rs 45 billion. The farmers also cannot afford the demand of Monsanto demanding around $20 to $25 per acre as royalty, besides other expenses.

Poor water-management besides absence of R&D facilities and non-coordination between government and real stakeholders of agriculture sector are effecting the seed industry badly. GoP cannot pace with the global standards until the provision of copyrights to seed MNCs. Federal Govt. had to revises the Lint target from 13.2Mbales to 12Mbales due to no legislation of Seed Act 2008.

Standard Operating Procedures (SOPs) which would be transparent, efficient, professional and streamlined without compromising on principles of bioenvironmental safety, were required to evaluate and monitor the release and registration of biotech varieties in Pakistan. Now FSC&RD with the collaboration of MINFA and all stakeholders prepared the SOPs ready for approval and implementation.

Quality seed is the most desirable input and most important determinant factor for enhancing and achieving sustainability and food security in agricultural production. The nation has a very high risk on its agriculture and a small investment on quality seeds is worth its cause. Normally seeds are classified as pre-basic, basic and certified seed.

1. Pre-basic Seed is the progeny of the breeder seed and is usually produced under the supervision of a breeder or his designated agency.
2. Basic Seed is the progeny of breeder or pre-basic seed and usually produced under the supervision of a breeder or his designated agency and under the control of a seed quality control agency.
3. Certified Seed is the progeny of basic seed and produced on contract with selected seed growers under the supervision of the seed enterprise, public or private. Certified seed can be used to produce further generations of certified seed or can be planted by farmers for grain production.

While some other classes of seeds are also applied in Pakistan like:-

 Breeder Seed is the initial source of seed and usually produced by the breeder. It is the source for the production pre-basic or basic seed
 Certified Seed is the progeny of basic seed and produced on contract with selected seed growers under the supervision of the seed enterprise, public or private. Certified seed can be used to produce further generations of certified seed or can be planted by farmers for grain production.
 Approved Seed is the progeny of the Certified Seed grown in quarantined and isolated areas, to be produced and distributed by various agencies so designated and approved by the Federal Seed Certification and Registration Department (applies in Pakistan only).
 Truthfully-labelled Seed is produced under Seeds (Truth-in-Labelling) Rules, 1991 where seed offered for market should meet minimum purity (%), other crop/weed seeds (%),objectionable/noxious weed seeds (%) and germination (%) requirement specified in the regulation (applies in Pakistan only).
 Commercial/Standard Seed is seed that may be produced from later generation of certified seed but may not be certified and follow a generation system.

GoP launched seed industry project in 1973 in collaboration with FAO and IBRD and legally authorized it with promulgation of Seed Act, 1976. This Seed Act provided the foundation of seed industry and requisite infrastructure. The Ministry of Law, Justice and Human Rights has initially vetted the proposed changes, which are aimed at ending monopoly of public sector companies in seed marketing. Primarily the industry was run by the public seed sector but realizing the globalization phenomenon in every field of world, GoP declared the seed business as seed industry in 1994.

At present 639 registered seed companies including 04 public sector companies and 04 MNCs are supplying seed in Pakistan. While only 200-250 companies are actively playing their role in seed industry. A total 30 seed testing laboratories have been established all over Pakistan. According to FSC&RD, 464 varieties of different crops including wheat (103), cotton (79), rice (34), maize (20), barely (8), sugarcane (330), oilseeds (50), pulses (59), fodders (27) and vegetables (49) have been registered nationally. About 1, 55,000 MT pre-basic and basic seeds of various crops have been tested while a total of 487,833 acres of different crops area was inspected for certification. Approximately, 4006 samples of pre-basic, basic, certified and approved seeds were tested by these laboratories. A total quantity of 334226MT seeds of various crops were sampled and tested for purity, germination and seed health purposes. Round about 29551.26 MT of imported seeds of various crops were tested and about 1750 MT wheat seed exported to Afghanistan by Punjab Seed Corporation through FAO was tested for purity and germination.

There is a huge scope of Global GAP (Good Agricultural Practices) certification in Pakistan, the reason is we need to change from our centuries old (obsolete) system of farming as in the export market Pakistani crops are getting lowest price /kg. (e.g., mangoes are exported to only wet markets where these are being eaten by only subcontinent peoples).

There is no Fruit Plant Certification Programme in the country except NWFP where a proactive programme of registration of 62 fruit nurseries and three Germplasm Units (GPUs) certification of fruit plants have been established. These nurseries have distributed about 6000 certified fruit plants in NWFP.

Sindh Agriculture Department launched the Foundation Seed Cell in 2003 with an objective to solve the problem of seed availability and making the province self-sufficient in the seed requirement of major crops.

To cater the needs of public seed sector, Seed Act 1976 was enacted primarily while private seed sector does not covered by the Act. In pursuance of Article 27.3(b) of the WTO TRIPS Agreement, FSC&RD has initially prepared the draft on Plant Breeders Rights (PBR’s) for the protection of new plant varieties and opted the Sui generies System for introducing Intellectual Property Rights (IPR) for plant varieties. The Ex-Provincial Assemblies of Balochistan, NWFP, Punjab and Sindh has authorized the Federal Government to legislate on the subject. The Ex-Federal Cabinet has also given its approval for the bill on 14th February,2007, with the modification that the plant breeder Rights Registry will be established in IPO of Pakistan. IPO-P carried out the consequential changes in the draft PBR Law as per Federal Cabinet decision in consultation with MINFAL and the Plannig Commission. The MINFA as per advice of Ministry of Law and Justice Division had submitted the draft Plant Breeders Bill, 2008 on 28th May, 2008 to the Provincial Governments for getting fresh authorization from the Provincial Assemblies as required under Article 144 of the constitution of Pakistan.

It is feared that if the present assemblies were dissolved for holding fresh elections, the process could further delay, as the new assemblies would take up the proposed amendments. A similar case is the Plant Breeder Right Act, in which the changes have been approved by the cabinet, but these are yet to be placed before the Parliament whose approval is must for the promulgation of a new law. there was a need to revolutionise the seed sector, where the credible companies in private sector could invest in introducing new seed varieties with the potential to increase productivity. The foremost thing, which is addressed by the proposed amendments, is the registration of companies at pre-basic seed stage and the company, which originates new seed would have a greater stay in the marketing of their varieties.

The amendments would also facilitate establishment of the accredited seed laboratories in private sector, the sources added. They were of the view that due to the monopoly of public sector companies, the private sector does not come forward to establish such laboratories for developing new seed varieties, The proposed amendments also envisage the formation of a committee, which would have the authority to register seed companies in private sector. The registration of these companies would be renewed every year after evaluation of their performances, The Seed Act, 1976 does not have a proper mechanism to register seed importers and the imported seed varieties. All these shortcomings have been addressed to

Different courts of law has 280 cases for selling sub-standard seeds against seed dealers and are waiting for legislation of amended Seed Act. The government was making registration of private sector companies, seed dealers and seed processing units mandatory to settle legal disputes and enhance penalties on sale of substandard seed in 2007, on advice of MINFAL as she was of the view that the existing Seed Act is unable to meet the changing scenario of the emerging seed industry and the requirements of private sector. MINFAL, after detailed consultations with the stakeholder proposed following amendments in the Seed Act, 1976.

 Renaming the department to meet legal proceedings in the court and addition of more compatible definitions of various terms.
 Registration of private sector companies, seed dealers and seed processing units to settle the arising legal disputes.
 Access to pre-basic seed to the private sector, provision for which did not exist before.
 Training of private seed sector personnel, especially to work under WTO regime.
 Enhancement of penalties/fines for effective seed enforcement.
 Promotion of research in seed science and technology to strengthen seed industry and the research-based regulatory mechanism.
 Restriction on sale of unapproved/banned varieties and effectively control various cheating practices through the provision of misbranding clause.
 Establishment of accredited seed testing laboratories in public as well as in private sector.
 Registration of plant variety and horticulture nurseries
 Establishment of federal seed and variety evaluation committee.

According to FSC&RD, procurement and availability of certified wheat seed will be 177,792 tonnes which is 17.21% of the target. Sindh seed corporation has 37,000 tonnes certified wheat seed. 2 lac maunds seed is graded annually. For 2008-09 about 82.25 tonnes of chickpea seed was procured by public and private sectors. Certified gram seed should be procured by USC all over Pakistan for expedite and smooth supply. For other pulses there is no breeding and supply systems in the country at yet. Oilseeds are mainly imported so could not be provided to farmers being expensive. Seed amendment Bill 2008 and plant breeders right bill 2008 are necessary for the national seed industry development.

Pakistan has once again been given a lower berth by the United States in its annual intellectual property rights ratings of foreign countries under the so-called ‘301 watch list.’ The “301 watch” (actually Section 301 of the 1974 Trade Act, as amended in 1984), gives authority to US president to deal with states that failed to provide ‘adequate and effective’ protection for US intellectual property. So, under the 301 process, an unfavourable finding in a country could lead to withdrawal of its trade benefits or imposition of duties on goods. The 2008 report puts Pakistan in ‘Special 301 Watch’ category where it mostly has been in the past. The level of protection has not been up to the satisfaction of the United States Trade Representative’s office. This year, the US administration has placed nine countries, including Pakistan, on a “priority watch list” which, in some cases, could eventually lead to economic sanctions. These countries are China, Russia, Argentina, Chile, India, Israel, Pakistan, Thailand and Venezuela

On 4th May 2009 a draft of “National Seed Policy” was put forth for discussion with all the stakeholders but the effective implementation will remain a question. The main objectives are the availability and utilization of quality seeds and germplasm, sustainable crop productivity, Agri-employment generation. If implemented effectively, it will increase foreign exchange and help to make Pakistan self-sufficient in seed industry. Government should approve Intellectual Property Rights (IPRs) and variety protection laws, which will be instrumental to establish research-based seed industry in the country, mainly will play important role in hybrid seed development, biotechnology and bio-labs. It will create a healthy competitive environment in the industry that focus should be more on research and development organisations with experienced technical manpower.

Registration of seeds is the threshold for Pakistan agriculture at present. Our farmers are using seeds, which are not registered by our government; the patent rights for most of the seeds are not registered in Pakistan. Government must authorised the seed sector to safeguard our future agriculture and farmers. Seeds of Pakistani origin is the need of the day. Indian origin seeds are available in the Pakistani markets after repacking with different brand names without verification of genuine date of expiry. Many of the developing nations initiated registration of their varieties to prove their strength and capability of developing new varieties in the wake of new IPR regime. It is hard to find our native seed origin of Pakistan specially in vegetables. East West Company in Bangladesh with JV from Thailand have developed local vegetable seeds varieties and are earning appreciable amount of foreign exchange.

Development of agriculture is not the duty of Government only. She can act as facilitator but not the authoritative for the overall governance and accountability. Each and every segment of the sector should be accountable of itself at its level for participation at their best in the national agriculture development. Its not true in reality that we have not Pakistani origin seed and germplasm, they are still here but due to unavailability of funds and no proper system, seeds are kept in open sky where they loose their germination capacity. Most of the improved varieties notified in the country, are tested for more productivity than the world average. But the massive research system without any marketing strategy failed to deliver its quality products.

All stakeholders are working for the agriculture sector but considerations are different as per their concerns if all unite and make a unanimous decision for the establishment of national seed industry but by providing a platform for all of them then there is no reason to excel in this filed. Seed industry is at its crucial stage in Pakistan and can provide a large share of agribusiness nationally and internationally if all the efforts are combined instead of solving the problem at different aspects at different times by different peoples for different objectives. Following are some recommendations for the seeds crisis in Pakistan:

1. Seed Act 2008 should be enacted on top priority basis to meet the challenges of seed industry in Pakistan.
2. A national seed bank should be established with the experienced, skilled and qualified personals where all the improved varieties and original seeds where seeds should be stocked under ideal conditions according to instructions of breeders and researchers/ scientists in collaboration of educational and research institutes.
3. There should be one provincial seed bank in each province which can be in direct correspondence with National seed bank
4. For Marketing of certified seeds which should be patented according to IPRs, a national website may be developed like e-banking, e-commerce and e-business.
5. An affiliated National Seed Corporation may multiply and market seeds by establishing its network in the country and may branched in far-flung areas to avoid transportation charges by poor farmers.
6. Approved seeds may be supplied to registered farmers or seed companies at reasonable rates for farmer’s seed production and to other countries too. It will not only reduce the imported seeds dependence but also enhance the foreign exchange.
 

Ambreen
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