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Section 10. the Plants Committee have the power to appoint Sub-Committee for the purpose of study, research and act upon any plant prescribed by the Plants Committee and the provision of Section 9 shall apply mutatis mutandis to the Meeting of Sub-Committee

Section 11. The Committee shall have the power and duties as follows:
(1) to submit opinion to the Minister on the control, promotion and issue Notification in respect of plants.
(2) to give advise and recommend to the Minister in respect of plants. (Title of Chapter 2, Application for and Issue of Licenses in Respect of Controlled Seed. Section 12, Section 13, Section 14, Section 15, Section 16 and Section
17 of the Plants Act B.E.2518 shall be repealed and superseded with the followings:)

Chapter 2
Application for and Issue of License in Respect of Controlled Seed

Section 12. The Minister shall have the power to specify by notification in the Government Gazette the kinds and varieties name of plants as controlled seeds Section 13. For the purposes of execution in respect of controlled seed, the Minister shall have the power to issue the notification in the Government Gazette:
(1) to determine that the licensee under Section 17 (1) (2) or (3) declare the kinds, varieties name and quantity of controlled seed he collects and site of collection.
(2) to prescribe the standard, quality, method of storing or keeping controlled seed for the licensee under Section 17 (1) (2) (3) or (4) to comply with.
(3) to prescribe the kinds and ratio of material used or contained or mixed or adulterated with controlled seed and to prescribe substance or thing being harmful to plant which shall not be used or contained or mixed or adulterated with controlled seed for the licensee under Section 17 (1) (2) (3) or (4) to comply with.

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(4) to prescribe a harmful chemical to be mixed with controlled seeds by specifying common name, chemical name and the ratio of such chemical for the licensee under Section 17 (1) (2) (3) or (4) to comply with.
(5) to prescribe the kinds and varieties name of controlled seed to be packed in the container, to prescribe material to be used as container and method of packing controlled seed for the licensee under Section 17 (1) (2) (3) or (4) to comply with.
(6) to determine that the licensee under Section 17 (1) or (2) collect or sale controlled seed which are certified seed only.
(7) to determine the kinds and quantity of controlled seed of which its importation is permitted.

The Notification issued under this Section shall specify an effective date which must not be less than sixty days from the date of its publication.

Section 14. A person shall not collect, sell, import, export or bring in transit controlled seed for commercial purpose unless he has receives a license from the competent authority and must store controlled seed in a place for storing
controlled seed as specified in the license.

The application for and issue of a license shall be in accordance with the rules, procedures and conditions prescribed in the Ministerial Regulation.

The provisions, of this Section shall not apply to a grower who sells, without advertising, the controlled seed which he grows himself to a licensee to collect controlled seeds for commercial purpose or a licensee to export controlled seeds for commercial purpose or other plant growers for their own growing.

Section 15. After the Minister has issued a Notification prescribing the kinds and varieties name of plants as controlled seed under Section 12, a person who, for commercial purpose collects, sells, imports, exports or brings in transit controlled seed on the date of its publication shall apply for a license under Section 14, within ninety days
from the date on which the Minister issues the Notification. Within the aforesaid period, such person may carry on his business for the time being and, after having filled an

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application for a license, he may continue his business. Until the competent authority refuses the application and the provision of Section 51 shall apply mutatis mutandis.

Section 16. The competent authority shall issue a license to collect, sell, import or export controlled seed for commercial purpose only when it appears that the applicant:
(1) is a person of good financial standing adequately capable to carry on the business,
(2) is not less than twenty years of age,
(3) has his residence or office in Thailand,
(4) is not a person of unsound mind, nor being an incompetent or quasiincompetent person,
(5) has a place appropriate for collection, sale, import or export of controlled seed for which the license is applied,
(6) uses a trade name which is not the same nor similar to the trade name of another licensee or person whose license has been supersede or has been revoked but the period of two years has not yet elapsed there from.

In case where a juristic person applies for a license, it must be qualified under (1), (3), (5) and (6) and must have a person to carry out the business who is qualified under (2), (3) and (4).

Section 17. Licenses in respect of controlled seed are classified as follows;
(1) License for collection controlled seed for commercial purpose;
(2) License for selling controlled seed;
(3) License for importation controlled seed for commercial purpose;
(4) License for exportation controlled seed for commercial purpose;
(5) License for bringing in transit controlled seed for commercial purpose.

A licensee under (1), (3) or (4) shall be considered as a licensee under (2) for the controlled seed he collects, imports or exports, as the case may be.

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Section 18. A license issued under Section 17 shall extend to the employees or agents of the licensee.

Any act of an employee or agent of licensee to whom a license is extended under paragraph one shall be considered as that of the licensee unless he can prove that such act is beyond his knowledge or control. (Section 19 and Section 20 of Plants Act B.E.2518 was repealed by Plants Act (No.2) B.E.2535 and supersedes with the followings:)

Section 19. A license issued under Section 17 shall be valid until the last day of the calendar year of its issue except that a license to import controlled seed for commercial purpose, license to export controlled seed for commercial purpose and license to bring in transit controlled seed for commercial purpose shall be valid for a period specified therein but not longer than one year from the date of its issue. If the licensee wishes to renew his license, he must submit an application for its expiration and, after having submitted the said application, he may continue his business until the competent authority refuses to renew the license.

The application for renewal of a license and the granting thereof shall be in accordance with the rules, procedure and conditions prescribed in a Ministerial Regulation.

Section 20. If the competent authority refuses to issue or renew a license, the person applying for such license or for the renewal thereof has the right to appeal in writing to the Minister within thirty days from the date of receipt of the notice from the competent official informing him of the refusal to issue or to renew the license.

The decision of the Minister shall be final. In the case where the competent authority refuses to renew a license to
collect controlled seeds for commercial purpose or license to sell controlled seeds, the Minister prior to giving his decision on the appeal, has the power to permit the appellant to continue his business for the time being upon application of the appellant.

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(The title of Chapter 3,Duties of Licensees in Respect to Controlled Seed, Section 21, Section 22, Section 23 and Section 24 of Plants Act B.E.2518 was repealed by Plants Act (No.2) B.E.2535 and supersedes with the followings:)

Chapter 3
Duties of Licensees in Respect to Controlled Seed

Section 21. A licensee to collect controlled seed for commercial purpose shall not;
(1) pack controlled seeds in containers outside the place specified in the license; or
(2) sell controlled seeds packed in a container which are not in conformity with the label.

Section 22. A licensee to collect controlled seeds for commercial purpose shall comply with the followings:
(1) to provide a sign-board at a conspicuous place that can be easily seen from outside the building that it is a place for collection of controlled seeds The description and size of the sign-board and the statement thereon shall be
as prescribed in a Ministerial Regulation.
(2) to provide a label in Thai language on a container of controlled seeds which have been collected and the label must show;
(a) the kinds and species of controlled seeds and the words' controlled seed;
(b) the trade mark for controlled seeds;
(c) the name of collector and source of collection;
(d) the net weight of controlled seeds in metric system;
(e) the germination rate of controlled seeds and the date of testing;
(f) the date of collection or import;

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