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(g) the germinating period of controlled seeds and expiration date for
growing or use in propagation;
(h) if the controlled seeds are mixed with other substance, the declaration
of name and ratio of such substance mixed therewith;
(i) if the controlled seeds are mixed with a harmful chemical under
Section 13, the declaration of name and ratio of such harmful chemical mixed therewith
and the display of a skull and cross-bones together with the word 'Danger' in red letters;
(j) other statements which the Minister considers expedient to publish in the
Government Gazette the inclusion thereof on a label.
Section 23. A licensee to import 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 import 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 furnish the competent official with a certificate from the collector in
the country where the collection of controlled seeds was originated in the form and within
the period prescribed by the Minister and published in the Government Gazette;
(3) to provide the competent authority with an appropriate quantity of
controlled seeds as sample for each import for testing within the period prescribed by
the competent authority.
(4) to provide a label on a container of controlled seeds imported under
Section 22(2) and in the case where the licensee to import controlled seeds repack
such seeds in containers, to also provide labels thereon under Section 22(2).
Section 24. A licensee to sell controlled seeds 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 sale of controlled seeds.
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The description and size of the sign-board and the statement thereon shall be
as prescribed in a Ministerial Regulation.
(2) to ensure that a label on a container of controlled seeds under Section
22(2) is shown fully and clearly.
Section 25. A licensee must exhibit his license or the substitute of the
license at a conspicuous place within the building specified in the license.
Section 26. In the case where a license is lost or materially damaged, the
licensee shall notify the competent official and apply for a substitute of the license within
fifteen days from the date of the knowledge of such loss or damage.
The application for and the issue of a substitute of a license shall be in
accordance with the rules, procedure and conditions prescribed in a Ministerial Regulation.
(Section 27 of the Plants Act B.E.2518 repealed and superseded by Plants
Act (No.2) B.E.2535 with the followings:)
Section 27. A licensee shall not move the place for collection of controlled
seeds for commercial purpose, place for sale of controlled seeds, place for import of
controlled seeds for commercial purpose, place for export of controlled seeds for
commercial purpose, or place for storing controlled seeds specified in his license unless he
has received written permission from the competent authority.
The application for permission and the grant thereof shall be in accordance
with the rules, procedure and conditions prescribed in a Ministerial Regulation.
(The title of Chapter 4, Approval and Control of Plants, Section 28 up to
Section 38 of the Plants Act B.E.2518 was repealed and superseded by Plants Act(No.2)
B.E.2535 with the followings:)
Chapter 4
Certification and Controlling
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Section 28. Any person who wishes to obtain a certificate for any plant as
certified seed, registered variety or certified variety of this Act shall apply to competent
authority.
Application for and issuance of certificate shall be in accordance with
forms, rules, procedures and conditions prescribed by the Minister in the Government
Gazette.
Section 28 (bi.) Any person who apply to competent authority to work in
accordance with this Act on official holidays or after official working hour or outside
Government office whether during or after official working hour. The applicant shall pay
to the competent authority in accordance with rules, procedures and conditions prescribed
by the Minister in the Government Gazette for the fees, traveling expense, overnight stay
expense and cost of living,
Section 29. The Minister shall have the power to issue a Notification in the
Government Gazette prescribing the kind and name of any plant as Reserved Plant.
Section 29 (bi.) Plants listed in the Appendices of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora which determined and
prescribed by the Minister in the Government Gazette as Conserved Plant.
Section 29 (tri.) Nobody shall import, export or bring in transit
conserved plant and its derivative without permission from the Director-General or officer
appointed by the Director-General.
Application for and issuance of permit for importation, exportation and
bringing in transit of conserved plant shall be in accordance with rules, procedures and
conditions prescribed by the Director-General in the Government Gazette.
Import, Export or Bringing in Transit permit of conserved plant are valid for
six months from the issuing date.
Section 29 (qua.) Any persons intending to artificially propagate conserved
plants for commercial purpose shall submit the filled application form for nursery
registration of conserved plant to the Department of Agriculture.
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Application and Registration shall be in accordance with rules, procedures
and conditions prescribed in the Government Gazette.
Nursery registration certificate of conserved plants is valid for five years
from the issuing date.
Section 30. A person shall not export reserved plants unless he has
received written permission from the Minister and the exportation is specifically for the
purpose of experiment or research only.
Section 31. The Minister shall have the power to issue a Notification in
the Government Gazette prohibiting a person to carry or send any reserved plant of any
kind and in any quantity from any locality or to carry or send such plants to any locality
within the Kingdom unless written permission is granted by the competent official.
The application for and the grant of such permission shall be in accordance
with the rules, procedure and conditions prescribed by the Minister and published in the
Government Gazette.
Section 32. The Minister shall have the power to issue a Notification in
the Government Gazette prescribing the kinds and species of any plant as prohibited plant.
Section 33. A person shall not import prohibited plants.
Section 34. Seed of the following descriptions shall be considered
deteriorated seeds.
(1) seed the period for growing or propagation of which as shown in the
label has expired;
(2) seed which quality is below the standard prescribed by the Minister
under section 13;
Section 35. Seed or substance which is an imitation of seed of the following
descriptions shall be considered adulterated seed.
(1) seed or substance which is wholly or partly an imitation causing people
to believe or mistake it as genuine seed;
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(2) seed the declaration of the kind, species, trade mark, source of
collection, or month and year of collection or import of which is incorrectly made;
(3) seed which and other plant or substance is mixed with or added to in
excess of the quantity stated in its label or is in excess of the ratio prescribed by the
Minister under Section 13;
Section 36. A person shall not collect, sell, import or export deteriorated
seed.
Section 37. A person shall not collect, sell , import or export adulterated
seed.
Section 38. A person shall not falsely or in exaggeration advertise the
quality of controlled seed which may induce belief or mistake as to the quality thereof.
CHAPTER 5
Competent Officials
(Section 39 of the Plants act B.E.2518 was repealed by Plants Act
(No.2) B.E.2535 and supersedes with the followings:)
Section 39. In the performance of duties, a competent authority shall have
the power to issue a written order requiring the presence of any person to give statement or
to deliver any document or material for supplementing his consideration and shall have the
power to enter a place for collection of controlled seeds for commercial purpose, place for
sale of controlled seeds or place for storing controlled seeds for commercial purpose or
nursery of conserved plants and in the case where there is reasonable ground to suspect that
an offence under this Act has been committed, with a view to;
(1) examining seed, conserved plant, containers, labels, books of accounts
or any document in respect of seed or conserved plant;
(2) taking an appropriate quantity of seed or substance suspected of being
deteriorated seed or adulterated seed or conserved plant as a sample for testing,
examination or analysis;
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