PLANT VARIETY ACT B.E (1975) 1. BHUMIBOL ADULYADEJ, REX; Given on the 9 th Day of April B.E. 2518; Being the 30 th Year of the Present Reign

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1 Unofficial Translation PLANT VARIETY ACT B.E (1975) 1 BHUMIBOL ADULYADEJ, REX; Given on the 9 th Day of April B.E. 2518; Being the 30 th Year of the Present Reign His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to have the law on plant variety; Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly acting as the Legislative Assembly, as follows: Section 1. This Act is called the Plant Variety Act B.E (1975). Section 2. 2 This Act shall come into force as from the day following the date of its publication in the Government Gazette. Section 3. 3 In this Act: Plant Variety means a variety or a group of plants which have identical or similar genotype and phenotype and have a specific identifiable character different from other groups of plant in the same species. Seed means seed or part of plant to be used for growing or propagation such as stalk, stump, bulb or shoot, rhizome, branch, twig, bud, root, tuber, flower, fruit or seed. Controlled seed means seed prescribed by the Minister as controlled seed. 1 Translated by Ms. Vipatboon Klaosoontorn under contract for the Office of the Council of State of Thailand's Law for ASEAN project.- Initial version- pending review and approval. 2 Government Gazette No. 92/ Part 40 Special Edition/Page 5/19 February B.E Section 3 was added by the Plant Variety Act (No. 2) B.E

2 2 Certified seed means a seed which has been tested, examined or analyzed of the quality or characteristics and the Director-General has issued a certificate thereof; Registered plant variety means a plant variety which has been registered and issued a certificate therefore by the Director-General; Certified plant variety means a registered variety which has been certified as a certified plant variety and the Director-General has issued a certificate thereof; Reserved Plant means a plant prescribed by the Minister as reserved plant; Prohibited Plant means a plant prescribed by the Minister as prohibited plant. Conserved Plant means plant species listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora prescribed by the Minister as conserved plant and published in the Government Gazette; Artificial Propagation means propagation which does not occur naturally in accordance with rules and procedures prescribed by the Director-General; Label includes any picture, imprint or statement shown on a container; Container" means any material used for packing or wrapping seed; Collect means to collect seed for selection or packing in a container; Sale means to sell, distribute, give or exchange. In this regard, it is for commercial purpose and includes possessing for sale. Import means to bring or order into the Kingdom; Export means to take or send out of the Kingdom; Transit means bringing or sending through the Kingdom via unloading or a change of vehicle; Premise means the place, building or part of the building and includes the site of the building; Committee means the Plant Variety Committee; Competent Official means a person appointed by the Minister for the execution of this Act; Director-General means the Director-General of the Department of Agriculture; Minister means the Minister having charge and control of the execution of this Act.

3 3 Section 4. 4 This Act shall not apply to Government agencies and a government agency established outside of commercial purpose in the matters relating to: (1) Controlled Seed; (2) Reserved Plant Variety; (3) Prohibited Plant Variety. Section 5. The Minister of Agriculture and Co-operatives shall have powers and control of the execution of this Act and shall have the power to appoint competent officials, issue Ministerial Regulation prescribing fees not exceeding the rates annexed hereto, exempting fees and prescribing other activities, and issue Notifications for the execution of this Act. Such Ministerial Regulations and Notifications shall come into force upon their publication in the Government Gazette. CHAPTER I Plant Variety Committee Section 6. 5 There shall be a committee called the "Plant variety Committee" consisting of the Permanent Secretary of the Ministry of Agriculture and Co-operatives as Chairman, Director-General of the Department of Agriculture, Director-General of the Department of Agricultural Extension, a representative of the Royal Forest Department, a representative of the Customs Department and not more than nine qualified persons appointed by the Minister as members, and the Director of the Agricultural Regulatory Division as member and secretary. Section 7. A qualified member shall hold office for a term of two years, but may be re-appointed. 4 Section 4 was amended by the Plant Variety Act (No. 3) B.E Section 6 was amended by the Plant Variety Act (No. 2) B.E

4 4 Section 8. A qualified member vacates office before the expiration of his or her term upon: (1) death; (2) designation; (3) being dismissed by the Minister; (4) being a bankrupt; (5) being an incompetent person or quasi-incompetent person; (6) having been imprisoned by a final judgment of imprisonment except that such punishment is for an offence committed through negligence or for a petty offence If a qualified member vacates the office before the expiration of his or her term, the Minister may appoint another person to replace such member and that person shall be in office for the remaining term of office which he or she replaces. Section 9. At a meeting of the Commission, the presence of not less than onehalf of the total number of members is required to constitute a quorum. If the Chairperson is not present at the meeting or is unable to perform his or her duty, the members present shall elect one among themselves to preside over the meeting. A decision of the meeting shall be by a majority of votes. Each member shall have one vote. In the case of an equality of votes, the presiding chairman shall have an additional vote as a casting vote. Section The Plant Variety 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 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 advice and recommendation to the Minister in respect of plants. 6 Section 10 was amended by the Plant Variety Act (No. 2) B.E Section 11 was amended by the Plant Variety Act (No. 2) B.E

5 5 CHAPTER II Application and issuance of license on controlled plant variety 8 Section The Minister shall have powers to publish in the Government Gazette specifying names and type of plant variety to be a controlled plant variety. Section 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 matter 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; (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 a 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; (7) to prescribe a licensee under section 17 (1) or (2) to collect to sell only the controlled seeds which are certified as certified seeds; The issuance of notification under this section shall specify the application time period of no less than sixty days from the date of notification. 8 Chapter II Application and issuance of license on controlled plant variety was amended by the Plant Variety Act (No. 2) B.E Section 12 was amended by the Plant Variety Act (No. 2) B.E Section 13 was amended by the Plant Variety Act (No. 2) B.E

6 6 Section No person shall collect, sell, import, export or transit any controlled seeds for commercial purpose except otherwise is authorized by a competent official in the form of license and such controlled seed must be stored in a place for controlled seeds storage as prescribed in the license. Application for a license and issuance of 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 of controlled seed who sell such controlled seed which he or she grows himself or herself 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 without any advertisement. Section When 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 a application for a license, he may continue his business until a competent official refuses the application and the provision of section 51 shall apply mutatis mutandis. Section A competent official shall issue a license to collect, sell, import or export of a controlled seed for commercial purpose when it appears that an applicant: (1) is more than a legal age; (2) has a residence or office in Thailand; (3) is not a person of unsounded mind, an incompetent or a quasi-incompetent person; (4) has an appropriate place for collection, sale, importation or exportation of controlled seed as applied for a license; 11 Section 14 was amended by the Plant Variety Act (No. 2) B.E Section 15 was amended by the Plant Variety Act (No. 2) B.E Section 16 was amended by the Plant Variety Act (No.3) B.E

7 7 (5) 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; (6) contains qualifications and no prohibitions as prescribed by the Minister and published in the Government Gazette. In the case of juristic person, an applicant for a license shall have the characteristics under (2), (4), (5) and (6) and shall have an operator who has the characteristics under (1), (2) (3) and (6). Section Types of the license of controlled seed are as follows: (1) license for collection controlled seed for commercial purpose; (2) license for sale of 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 or she collects, imports or exports, as the case may be. Section 18. A license under section 17 shall extend its protection to employees or agent 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 or she can prove that such act is beyond his or her capability to know or control. Section The license 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 or she must submit an application before its expiration date and, after having submitted the 14 Section 17 was amended by the Plant Variety Act (No. 2) B.E Section 19 was amended by the Plant Variety Act (No. 2) B.E

8 8 said application, he or she may continue his business until a competent official refuses to renew the license. Application for a license renewal and permission for the renewal shall be in accordance with the rules, procedures and conditions prescribed in the Ministerial Regulations. Section If a competent official does not issue a license or refuses to renew the license, an applicant or a person asking for a license renewal has the right to appeal in writing to the Minister within thirty days from the date of receiving a letter from a competent official notifying such refusal to issue or renew a license. Decision of the Minister shall be final. In the case where a competent official 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. CHAPTER III Duties of a licensee in respect to controlled seeds 17 Section 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. 16 Section 20 was amended by the Plant Variety Act (No. 2) B.E Chapter III Duties of a licensee in respect to controlled seeds was amended by the Plant Variety Act (No. 2) B.E Section 21 was amended by the Plant Variety Act (No. 2) B.E

9 9 Section A licensee to collect controlled seeds for commercial purpose shall comply with the followings: (1) to provide a sign attached in a place which is revealing and easy to be seen from outside of the premises to illustrate that this place is a place for collection of controlled seeds. The description, size and the statement written in the sign shall be as prescribed in the Ministerial Regulation; (2) to provide a label in Thai on a container for controlled seeds and in the label, it must show: (a) type and the name of the specie of a controlled seed and it shall contain the word controlled seed ; (b) trademark for a controlled seed; (c) the name of the collector and the origin of such collection; (d) 20 the net weight of the controlled seed in metric or the numbers of controlled seeds or in other procedures as prescribed by the Minister; (e) germination rate of controlled seed, expiration month and year for cultivation or for reproduction; (f) if such controlled seed contains other mixed substances, there shall be name and the rate of such mixed substances; (g) if such controlled seed contains other dangerous chemical under section 13, there shall be name and the rate of such dangerous chemical including a symbol of skull with cross and with a word dangerous in red letters; (h) other statements as the Minister sees fit to be in a label and as published in the Government Gazette. Section followings: A licensee to import controlled seeds shall comply with the 19 Section 22 was amended by the Plant Variety Act (No. 2) B.E Section 22 (2) (d) was amended by the Plant Variety Act (No.3) B.E Section 23 was amended by the Plant Variety Act (No. 2) B.E

10 10 (1) to provide a sign attached in a place which is revealing and easy to be seen from outside of the premises to illustrate that this place is a place for collection of controlled seeds; The description, size and the statement written in the sign shall be as prescribed in the Ministerial Regulation; (2) to present a certification of collector from countries which are the origins of the collection of controlled seeds before a competent official in accordance with form and within the time specified as prescribed by the Minister and as published in the Government Gazette; (3) to present an example of imported controlled seed during such importation to a competent official for the appropriate amount for testing within the time specified by a competent official; (4) to provide a label on a container of an imported controlled seed under section 22(2) in the case where a licensee to import controlled seed for a commercial purpose repack such seed into a container, he or she shall provide a label on the container under section 22(2). Section A licensee to sell a controlled seed shall comply with the followings: (1) to provide a sign attached in a place which is revealing and easy to be seen from outside of the premises to illustrate that this place is a place for collection of controlled seeds; The description, size and the statement written in the sign shall be as prescribed in the Ministerial Regulation; (2) to supervise a label of a container of controlled seed under section 22(2) to remain complete and clear. Section 25. A licensee must present a license or a license substitute in a revealing and easy to be seen within the building as prescribed in the license. 22 Section 24 was amended by the Plant Variety Act (No. 2) B.E

11 11 Section 26. In the case where a license is lost or destroyed in the important matter, a licensee shall notify a competent official and submit an application for a license substitute within fifteen days from the date of knowing about such loss or destroy. An application for a license substitute and an issuance of a license substitute shall be in accordance with the rules, procedures and conditions as prescribed in the Ministerial Regulations. Section No licensee shall move a place for collection of controlled seeds for commercial purpose, a place for selling controlled seed, place for importation of controlled seed, or a place for controlled seed storage, as prescribed in a license except otherwise is permitted in writing by a competent official. Application and permission shall be in with the rules, procedures and conditions as prescribed in the Ministerial Regulations. CHAPTER IV Certification and Control 24 Section 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 a competent official. 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 bis. 26 Any person who requests to have a competent official to work in accordance with this Act on official holidays or after official working hour or outside 23 Section 27 was amended by the Plant Variety Act (No. 2) B.E Chapter IV Certification and Control from section 28 to section 38 was amended by the Plant Variety Act (No. 2) B.E Section 28 was amended by the Plant Variety Act (No. 2) B.E Section 28 bis was amended by the Plant Variety Act (No. 2) B.E

12 12 Government office whether during or after official working hour. The applicant shall pay to a competent official 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 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 bis. 28 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 ter. 29 No one shall import, export, or transits a conserved plant and its derivatives except if otherwise permitted in writing by the Director-General or a person assigned by the Director-General. Application for such permission, issuance of a letter of permission, the procedure in importation, exportation or transit of conserved plant shall be in accordance with rules, procedures and conditions published in the Government Gazette. Section 29 quater. 30 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 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. 27 Section 29 was amended by the Plant Variety Act (No. 2) B.E Section 29 bis was amended by the Plant Variety Act (No. 2) B.E Section 29 ter was amended by the Plant Variety Act (No. 2) B.E Section 29 quater was amended by the Plant Variety Act (No. 2) B.E

13 13 Section No one shall export a reserved plant except if otherwise permitted in writing by the Minister and specifically for experiment and academic research only. Section The Minister shall have the powers to prescribe in the Government Gazette prohibiting any 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 otherwise written permitted in writing by a 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 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 No person shall import a prohibited plant. Section 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 Seed or substance which is an imitation of seed of the following descriptions shall be considered adulterated seed: 31 Section 30 was amended by the Plant Variety Act (No. 2) B.E Section 31 was amended by the Plant Variety Act (No. 2) B.E Section 32 was amended by the Plant Variety Act (No. 2) B.E Section 33 was amended by the Plant Variety Act (No. 2) B.E Section 34 was amended by the Plant Variety Act (No. 2) B.E Section 34 was amended by the Plant Variety Act (No. 2) B.E

14 14 (1) seed or artificial material wholly or partly for other people to believe or give important that such seed is real; (2) seed which states type, name of the specie, trademark, collection origin or month or year of the collection or importation which is contradictory to the fact; (3) seed which contains other seeds or other material or mixed material more than the amounts reported in the label or more than the rate prescribed by the Minister under section 13; Section deteriorated in quality. No one shall collect, sell, import or export a seed which is Section No one shall collect, sell, import or export an adulterated seed. Section No one shall advertise the quality of the controlled seed beyond the fact or exaggerate the fact which may lead to others to believe or mistakenly believe in the quality of such seed. CHAPTER V Competent Official Section In the course of the performance of duties, a competent official shall have the power to issue an order to call in any person to give a statement, to deliver a document or any material for the consideration and has the power to enter into a place for collection of controlled seed for commercial purpose, a place which sell controlled seeds, a place for controlled seed storage for commercial purpose, or a place for nursery of conserved plant during its operation hours or enters into a vehicle which contains any kind of seeds or 37 Section 36 was amended by the Plant Variety Act (No. 2) B.E Section 37 was amended by the Plant Variety Act (No. 2) B.E Section 38 was amended by the Plant Variety Act (No. 2) B.E Section 39 was amended by the Plant Variety Act (No. 2) B.E

15 15 conserved plant in the case where there is a reasonable ground to believe that there is a commission of an offence under this Act. In this regard, it is for: (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; (3) searching, seizing or attaching seeds, conserved plant, containers, labels, books of accounts or any document in respect of seed or conserved plant. In the performance of duties under paragraph one the licensee and person concerned shall provide him with appropriate facilities. Section 39 bis. 41 A competent official shall have powers to search a bonded warehouse, vehicle, bag, container including a person within a plant inspection area as prescribed in the law on plant quarantine within the customs border, inspection area, border, customs area and ways approved and prescribed under the law on customs. Section 39 ter. 42 A competent official shall have the power to confiscation or return a conserved plant imported illegally under this Act. IN the case of confiscation of a conserved plant, it shall be vested in the Department of Agriculture. In the case of return, it shall be approved by the origin country of the conserved plant and the origin country shall pay for the expense of the return transportation. If the origin country does not give a consent or refuses to pay for the expense, such conserved plant shall be vested in the Department of Agriculture. Section 40. During the search, a competent official shall attempt not to cause any damage and avoid making a mess as much as possible. Section 41. A material confiscated from the search shall be wrapped or packaged and stamp or mark an important symbol. 41 Section 39 bis was amended by the Plant Variety Act (No. 2) B.E Section 39 ter was added by the Plant Variety Act (No. 2) B.E

16 16 Section Before commencing a search in a place or vehicle under section 39 or section 39 bis, a competent official conducting the search must manifest his honesty and shall conduct the search in the presence of the licensee, a person permitted, possessor of the place, person working therein, or possessor of the vehicle thereof, failing that, in the presence of at least two other persons requested by the competent official to attend as witnesses. Any article confiscated or attached shall be shown to the licensee, a person permitted, possessor of the place, person working therein, or possessor of the vehicle, as the case may be, for the purpose of certification of such article found in such place or vehicle. If such person refuses to certify, the competent official conducting the research shall make note of the fact. Section 43. The competent official conducting the search shall make a note of the particulars of the search and a detailed inventory of the articles found, confiscated or attached. The note and inventory referred to in paragraph one shall be read to the licensee, a person permitted, possessor of the place, person working therein, or possessor of the vehicle or witnesses, as the case may be, and such persons shall be required to sign in order to certify. If they refuse to do so, the competent official shall make note of the fact. Section 44. In the performance of duties, a competent official shall present an identification card to such person mentioned in section 42. The identification card of a competent official shall be in accordance with the form prescribed in the Ministerial Regulation. Section If the owner or possessor of seed, conserved plant, container, labels, books of accounts, or any document confiscated or attached under section 39 (3) is not found, or the public prosecutor has given the final order of non-prosecution of the Court in its final judgment does not confiscate them and the owner or possessor has not applied for the return thereof within ninety days from the date of confiscation, attachment, knowledge of the 43 Section 42 was amended by the Plant Variety Act (No. 2) B.E Section 45 was amended by the Plant Variety Act (No. 2) B.E

17 17 final order of non-prosecution of passing the final judgment by the Court, as the case may be, they shall vested in the Department of Agriculture to be managed as it found appropriate. CHAPTER VI Revocation of a licensee and withdrawal of a license Section 46. If it appears to a competent official that any licensee fails to apply with this Act or a Ministerial Regulation or Notification prescribed under this Act, a competent official shall have the power to revoke a license for not exceeding one hundred and twenty days each time. A licensee whose license is revoked shall discontinue a business under such license and, during the revocation of the license; he or she cannot submit an application for any other licenses under this Act. Section 47. A competent official with the approval of the Director-General has the power to withdraw a revocation order before the specified time when he or she is satisfied that the licensee whose license is revoked has complied with this Act or Ministerial Regulation or Notification prescribed under this Act. Section 48. When it appears to the Director-General that any licensee is disqualified or subject to any prohibition under Section 16, or in the case where it appears that any licensee has committed one or several violations under this Act and it is a serious offence, the Director-General has the power to revoke his license. A licensee whose license is revoked shall discontinue a business under such license and, during the revocation of the license; he or she cannot submit an application for any other licenses under the Act until two years from the date of revocation has elapsed, and the competent official may or may not grant him or her a license as he thinks it appropriate. Section 49. The order revoking or withdraw of a license shall be in writing and the licensee shall be informed of the fact. In the case where the licensee is not found or

18 18 refuses to receive such order, it shall be conspicuously posted at the place specified in the license, and it shall be considered that the licensee has been informed of such order as from the date of its posting of the order. Section 50. The licensee whose license has been revoked or withdrawn has the right to appeal to the Minister within thirty days from the date of knowledge of the order. The Minister has the power to dismiss the appeal or amend the order of the Director-General or of the competent official, as the case may be, in such a way as it may be favorable to the appellant. The decision of the Minister shall be final. The appeal under paragraph one shall not stay the execution of the order revoking or withdrawing the license. Section A licensee whose license is withdrawn may sell the remaining controlled seed to another licensee or a person whom a competent official sees fit within sixty days from the date of acknowledgment of a license withdrawal order or, in the case of appeal, it shall be counted from the date of acknowledgement of the decision of the Minister except if otherwise the time is extended by a competent official for no less than sixty days. CHAPTER VII Statistics of a plant variety Section 52. The Minister shall have the power to issue a Notification in the Government Gazette requiring the collection of statistics in respect of any kind of plants in any locality as he may think fit. Upon the publication of the Notification under paragraph one; the Director- General has the power to issue a written order to a person earning his living in respect of the aforesaid plants to fill the particulars, place, statement and statistical data in a printed form prescribed by the Director-General and the Director-General shall also prescribe the time, 45 Section 51 was amended by the Plant Variety Act (No. 2) B.E

19 19 place and procedure for the submission of the printed form. Section 53. A recipient of order issued under section 52 paragraph two must truthfully complete the printed form giving particulars, statement and data, and sign his name and submit it within the time, at the place and in accordance with the procedure prescribed in the printed form. Section 54. If it is necessary for the purpose of collecting statistics of plants, the competent official shall, during the working hours, have the power to enter the office of the recipient in order to check the particulars, statement and data in respect of statistics of plants, and it shall be the duty of the recipient of order or his representative to answer question, render facilities and assist the competent official in this respect. In the performance of duties of the competent official, the provisions of section 44 paragraph one shall apply mutatis mutandis. CHAPTER VIII Penalties Section 55. A licensee who violates or fails to comply with the notification prescribed under section 13 paragraph one shall be liable to a term of imprisonment of not exceeding one year or to a fine of not exceeding two thousand Baht or to both. Section 56. Any person who violates section 14 paragraph one shall be liable to a term of imprisonment of not exceeding two years or to a fine of not exceeding four thousand Baht or to both. Section A licensee who collects, sells, imports, or exports a controlled seed after a license is expired without filing for an application for a license renewal under 46 Section 57 was amended by the Plant Variety Act (No. 2) B.E

20 20 section 19 shall be liable to a fine of not exceeding one hundred Baht per day throughout the time the license is expired. Section 58. A licenses who still operates a business despite an expired license and after a competent official has ordered not to renew the license under section 19 shall be liable to a term of imprisonment of not exceeding two years or to a fine of not exceeding four thousand Baht or to both. Section 59. A licensee who violates section 21 or section 27 paragraph one or fails to comply with section 23 shall be liable to a fine of not exceeding three thousand Baht. Section 60. A licensee who violates section 22 or section 24 shall be liable to a term of imprisonment of not exceeding one year or to a fine of not exceeding two thousand Baht or to both. Section 61. A licensee who violates section 25 or section 26 paragraph one shall be liable to a fine of not exceeding one thousand Baht. Section 61 bis. 47 Any person who violates section 29 ter or section 29 quater shall be liable to a term of imprisonment of not exceeding three months or to a fine of not exceeding three thousand Baht or to both. Section 62. Any person who violates section 30 or section 33 shall be liable to a term of imprisonment of not exceeding three years or to a fine of not exceeding four thousand Baht or to both. Section 63. Any person who violates a notification prescribed by virtue of section 31 paragraph one shall be liable to a term of imprisonment of not exceeding two years or to a fine of not exceeding four thousand Baht or to both. 47 Section 61 bis was added by the Plant Variety Act (No. 2) B.E

21 21 Section 64. Any person who violates section 36 shall be liable to a term of imprisonment of not exceeding one year or to a fine of not exceeding two thousand Baht or to both. Section 65. Any person who violates section 37 shall be liable to a term of imprisonment of not exceeding five years or to a fine of not exceeding ten thousand Baht or to both. Section Any person who advertises the quality of controlled seeds in violation of section 38 or obstructs or fails to render facilities to a competent official in the performance of his duty or fails to give statement or send any document or material at the written request of the competent authority issued under section 39, shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding one thousand Baht or to both. Section 66 bis. 49 Any person who obstructs a felicitation to a competent official during the course of performance of duties under section 39 bis shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding one thousand Baht or to both. Section 67. Any licensee who, during the revocation of his or her license, persists in carrying on his business under such license shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding two thousand Baht or to both. Section Any person who, after the revocation of his license, sells the remaining controlled seed to any other person not mentioned in section 51 or sells them after the expiration of the period prescribed in Section 51 shall be liable to a fine not exceeding one thousand Baht. 48 Section 66 was amended by the Plant Variety Act (No. 2) B.E Section 66 bis was amended by the Plant Variety Act (No. 2) B.E Section 68 was amended by the Plant Variety Act (No. 2) B.E

22 22 Section 69. Any person who has duties to perform under section 53 and fails to comply with such duties shall be liable to a fine of not exceeding two hundred Baht. Section 70. Any person who has duties to perform under section 54 paragraph one and fails to comply with such duties shall be liable to a fine of not exceeding five hundred Baht. Section When it appears to the Court that an offence has been committed as a result of the violation of a Notification issued under Section 13(3) or (4) or the violation of section 30, section 33, section 36 or section 37 even though the Court is of the opinion that the accused is not guilty, the Court shall order the confiscation of all seeds, tools equipment and containers used in the commission of such offence. All items confiscated by the order of the Court shall become property of the Department of Agriculture to be managed as it thinks fit. Countersigned by Sanya Dhamasakti Prime Minister 51 Section 71 was amended by the Plant Variety Act (No. 2) B.E

23 23 Rate of Fee A license of collection of controlled seed for commercial purpose 400 Baht each 2. A license to sell controlled seed 200 Baht each 3. A license to import controlled seed for commercial purpose 400 Baht each 4. A license to export controlled seed for commercial purpose 400 Baht each 5. A license to transit controlled seed for commercial purpose 200 Baht each 6. Fee for testing, examining or analysis quality or property of sample of seed before the issue of a certificate 400 Baht each 7. Certificate of certified seed registered variety or certified variety 100 Baht each 8. A license substitute 50 Baht each 9. A renewal of license each fee shall be charged at the same rate as that of license 10. Export, import or bring in transit permit of conserved plant 200 Baht each 11. Certificate of nursery registration of conserved plant 1,000 Baht each 52 The rate of fee was amended by the Plant Variety Act (No. 2) B.E