Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A82: Testing requirement 

Date when the measure came into force

09 February 2007 

Publication where the measure is specified

GOVERNMENT NOTICE NO. 37 published on 9/2/2007 

Regulation where the measure is specified

Seeds Regulations, 2007 

Country/Region applying the measure

Tanzania 

Coded list of objectives

A: Protection of human life and health 

Description of the measure

4 No variety shall be released in Tanzania unless it has passed DUS test, evaluated through the National Performance Trial and recommended for release by the National Seed Committee.
5.-(1) There are hereby established sub-Committees of the National Seed Committee to be known as the National Variety Release Committee (NVRC)and the National Performance Trial Technical Committee(NPT-TC).
(2) The National Variety Release Committee shall be responsible for reviewing recommendations from the National Performance Trial Technical Committee and recommend for variety release to the National Seed Committee
7.-(1) Any person who intends to release a variety shall be required to submit to the Tanzania Official Seed Certification Institute an application for DUS test and NPT, on Form SR III A and SR IIIB respectively, as set out in the FifthS chedule to these Regulations.
(2) An application for DUS test shall be made one season prior to the application for NPT and shall be supported by the following:-
(a)sufficient seed sample for the first season DUS test;
(b)variety description;
(c)application fees and DUS testing fees as set out in the Sixth Schedule to these Regulations; and
(d) on farm trial and farmers assessment data.
(3) Upon receiving the application and materials, TOSCI shall conduct a DUS test,repot the results to the
applicant and issue the DUS test certificate for the qualified application on Form SR IV as set out in the Fifth Schedule to these Regulations.
(4) The application for NPT test shall be supported with the following:-
(a)a minimum of two recent previous seasons advanced yield trial data from not less than three recognized testing sites in Tanzania or any other country which is in agreement for harmonization of seeds policy and legislations with Tanzania,as set out in the Seventh Schedule to these Regulations;
(b)sufficient seed sample for conducting NPT and second DUS test;
(c) fees for the NPT and second DUS test; and
(d) any other additional information that may be required for determination of the merits of the candidate variety.
(5) TOSCI shall conduct NPT for a minimum of one season in at least three sites as set out in the Seventh Schedule to these Regulations, and shall conduct second DUS test and submit the report to NPT-TC for review.
(6) TOSCIshall develop procedures and conditions for conducting DUS test and NPT for perennial crops.
(7)Upon completion of review of the NPT report, NPT-TC Secretary shall report the results to thapplicant and present the NPT data and the recommendations of the NPT-TC to the NVRC on Form SR Vas set out in the Fifth Schedule to these Regulations.
(8) The National Variety Release Committee shall review the recommendations of the NPT-TC and advise the National Seed Committee.
(9) In order for a candidate variety to be recommended for release to the National Seeds Committee, a breeder shall be required to submit to TOSCI an authentic sample of pre-basic seed for reference purpose.
(10) The amount of authentic sample referred to in sub-regulation (9) shall be:-
(a)four kilograms for cereals, pulses or any other big seed crops; or
(b)one hundred grams for small seed crops species
(11) TOSCI shall have discretion to determine the amount of authentic sample needed for plant species other than those referred under sub-regulation (10).
(12) A breeder shall be required to replenish the authentic sample as it may be required by TOSCI.
8.-(1) The Director shall register and issue a Certificate of Registration to the Applicant once his variety is approved by Minister pursuant to Section 21 of the Act.
(2) The Certificate of Registration of the varieties shall be on Form SR VI as set out in Fifth Schedule to these Regulations.
(3) The Director shall enter the information here under in the National Variety Catalogue upon registration:-
(a)name of registrant;
(b) variety name;
(c)plant species;
(d) registration number,
(e) registration date;
(f) date of release;
(g) name of breeder;
(h) origin of the variety;
(i) any other characteristics;
(j) area of adaptation;
(k) duration of maturity;
(l) yield potential;
(m) tolerance to insect pest;
(n) disease tolerance;
(o)end use;
(p) agency responsible for maintenance; and
(q) any other information deemed necessary.
36.-(1) Any seed sample for testing shall be taken by a Seed Inspector or Authorised Inspector in accordance with the requirements prescribed under these Regulations.
(2) The sample referred to under sub-regulation (1) shall be provided to the Seed Inspector or Authorized Inspector free of charge for purposes of laboratory seed testing and post control planting and examination.
(3) Where an Inspector requires a larger amount of seed sample as he considers it necessary for satisfactory testing, re-testing or analysis, the size of each sample shall comply with the particulars set out in the Third Schedule to these Regulations.
(4) Each seed sample shall bear a unique sample number for reference.
(5) Seed lots shall be created at the time of sampling and shall not exceed the maximum weights prescribed in these Regulations.
(6) Where automatic samplers have not been installed, a seed dealer shall arrange the packages in such a way to enable the seed Inspector or Authorized Inspector to reach all packages and draw samples.
(7) Sampling of seed lots shall be conducted in accordance with the current Rules of ISTA.
(8) Seed from different fields of the same class, species and variety which have passed field inspection and which can be traceable, may be blended and bulked to constitute one seed lot.
(9) The seed dealer shall provide reliable scales for ascertaining the weight of a seed lot.
(10) The see
d dealer shall pay appropriate fees for seed sampling as set out in the Sixth Schedule to these Regulations.
37.-1) When sampling seed lots in a container that can be sealed, the sampling intensity here under shall be taken as the minimum requirements:-
(a)seed not exceeding 500 kg.-five primary samples shall be taken except that for small lots not exceeding 50 kg. three or four samples may be taken;
(b)seed exceeding 500 kg. –but not exceeding 3,000 kg. –one primary sample for every 300 kg. shall be taken, so however, that not less than five primary samples shall be taken;
(c)seed exceeding 3,000 kg but not exceeding 20,000 kg. –one primary sample for every 500 kg. shall be taken, so however, that not less than 0 primary samples shall be taken; and
(d) seed in bulk shall be sampled at random locations and the samples shall be drawn from varying depths.
(2) For seeds lots in bags or other containers up to 100kg capacity, samples shall be taken at random locations and the intensityhereunder shall be taken as the minimum requirements:-
(a)from 1 –4 containers , three primary samples from each container;
(b)from 5 –8 containers, two primary samples from each container;
(c)from 9 -15 containers, one primary sample from each container;
(d) from 16 -30 containers, 15 primary samples total;
(e) from 31 -59 containers, 20 primary samples total;
(f) from 60 or more containers, 30 primary samples total.
38.-(1) Seed testing for the purpose of certification shall be conducted by an official seed testing laboratory or any authorized laboratory.
(2) Any sample drawn or by the Seed Inspector or Authorized Inspector or taken by any private individual shall be submitted to the seed testing laboratory to get her with Form SR XVI set out in the Fifth Schedule to these Regulations.
(3) Seed testing laboratory shall:-
(a)test seed in accordance with the ISTA Rules;
(b) in case for samples submitted by the Seed Inspector or Authorized Inspector, record results
of the seed test on a certificate in Form SR XVII set out in the Fifth Schedule to these Regulations;
(c) in case of samples submitted by the private individual, record results of seed testing report on Form SR XVIII set out in the same Schedule; and
(d)store the sample under optimal storage conditions for at least twelve months from the date the test results certificate was issued.
(4) Notwithstanding the provision of sub-regulation 3(d), the testing laboratory shall not be held responsible for any deterioration of the sample that may occur

Schedule six
D: Seed health testing:
(1) charges per sample for local market Seed ... ... ... . .. ... ... ... . .. 20,000
(2) charges per sample for export Seed... ... ... . .. ... ... ... . .. .... ... 50,000
F: Certificate and Tags (1) registration of Seed dealer... ... ... ... ... 2500
(2) variety registration ... ... ... ... ... ... ... ... .... .... ....... ...10,000
(3) certificate of Seed testing ... ... ... ... ... ... ... ... .... 1000
(4) certificate for Seed import/ export ... ... ... ... ... ... ... ... 10,000
(5) certified copy of a Seed testing certificate ... ... ... ... ... ... ..... 500
(6) label /seal per each label /seal ... ... ... ... ... ... .... .... .... ..... .. 500
(7) DUS test certificate... ... ... ... ... ... ... ... .... ....... ... 5000 

Reference of the measure

Part III para 4-5& 7-8, Part VII para 36-38 

Measure also domestic

Yes 

Products affected by the measure.

Description

seed 

Countries/Regions affected by the measure.

Description

All countries