Examples for the Seed Laws Toolbox

Policy and regulatory review
Countries may be interested in a seed policy and regulatory review to bring laws and regulations in line with regional and global standards while supporting the various seed systems that exist on the ground. This process can be implemented through a series of round table meetings both at national and subnational levels that bring together the main seed sector stakeholders, including government, research, seed companies, seed producers, NGOs, farmer organizations and development partners. The challenge is to find a match between what is feasible on the ground (in terms of the implementation capacity, and seed production and marketing practices) and what international standards prescribe. The toolbox can assist countries in exploring how to create an enabling environment that benefits seed businesses at all levels. A clear prioritization of activities can help in gradually improving the system.

International benchmarking and regional harmonization
Regional harmonization and international benchmarking (with ISTA and OECD) will facilitate regional trade. For countries that already have a strong seed regulatory framework a lighter process can be designed, in which specific bottlenecks can be discussed while using a multi-stakeholder approach. Institutions like the National Seed Council or National Seed Committee can provide a platform for organizing these discussions. Specific support can be provided both from a technical and a process point of view, i.e. facilitating the multi-stakeholder meetings and providing expert input at the same time.

Review of organizational functions and capacities
In many countries the seed regulatory functions are implemented by a number of different institutions; e.g. variety release is often hosted by the public research system, while quality assurance sits with the Ministry of Agriculture, and business licensing can be with the Ministry of Trade. Also, the staff capacity for the different functions and services is not evenly matched, and staff competences vary. As such it can be useful to undertake a review of the organizational functions and staff capacities (e.g. through a needs assessment). This can be a first step in designing a comprehensive capacity building project, outlining both the gaps and limitations in the structure and human capacity of the respective organizations.

Redesign of organizational frameworks
One step further would be to redesign the organizational framework focusing on greater effectiveness and efficiency of the seed regulatory services. Many countries provide evidence that a more autonomous and independent regulatory authority or agency can substantially increase the effectiveness of implementation and enforcement of the seed regulations (viz. KEPHIS in Kenya or Naktuinbouw and NAK in the Netherlands). In addition, it can help in generating revenue to cover for the operational costs of the organization. Support can be provided to countries that wish to embark on this type of reform process both in the design and implementation of a new entity.

Simplification of release procedures
In many countries a compulsory system is in place for variety testing and release based on DUS and VCU. Often all crops need to pass through this process through multi-locational trials and sometimes for multiple seasons. The procedures for the trials and the decision-making process are often not clear. Many (vegetable) seed companies experience this as a barrier for entering the market with their full portfolio. Together with governments of the host nations a simplification of the procedures can be discussed also looking at benchmarks from other countries.

Fine tuning of VCU protocols
In addition, if varieties need to undergo testing, the crop management protocols for the tests can be improved. Exchange between countries can help in updating and amending the crop management protocols, as well as involving researchers and seed companies. Periodic review of crop management protocols is advisable.

Exemption of vegetables from variety registration and VCU
One step further would be to exempt all vegetable crops from compulsory variety testing. Exemption of vegetable crops for variety registration is already common practice in EU countries. Assistance can be provided through development of proposals for exemption of vegetables, sharing experiences/exchange visits to other countries and facilitating public-private sector dialogue.

Release of farmers’ varieties
Breeders and farmers work together in participatory plant breeding to improve existing varieties that are valued by farmers and consumers but which have deteriorated overtime, or they develop new varieties through crosses of modern varieties and landraces. These ‘farmer varieties’ may be less uniform or they may perform better under low input conditions and, as a consequence, fail the standard DUS and VCU tests. Still, in many countries, varieties need to be officially registered before (certified) seed can be produced and commercialised. By designing simple procedures or flexibilities in existing release regulations, the development and production of farmer varieties can be supported and formalised. [1]

Supporting the establishment of an ISTA accredited laboratory
For most countries it is becoming a must to have at least one laboratory ISTA accredited. This lab can test seed that is produced in the country and intended for export, as well as serve as a reference lab for other (subnational) seed testing laboratories in the country. ISTA accreditation can be supported through trainings and coaching at the laboratories themselves, as well as through more centralized trainings as organized by ISTA. In principle hardware investments don’t need to be high, as long as staff are dedicated and follow the standards and procedures systematically.

Supporting accreditation of private laboratories
Several seed companies have started seed production activities in emerging economies like Kenya, Tanzania, India and Vietnam. Often, these companies own and operate high-quality seed testing laboratories. A system of government accreditation can be introduced to allow these companies to operate more independently from the public seed testing service. The toolbox can assist countries in developing regulations or directives as well as guidelines to allow for the accreditation of private seed labs.

Supporting alternative seed quality assurance mechanisms
Production and trade of quality seed in farmer seed systems can be supported by developing quality assurance mechanisms such as Quality Declared Seed or Truthfully Labelled seed. National seed certification procedures are often inaccessible for small, local seed companies. This impedes the production and use of quality seed by smallholder farmers which are not (yet) connected to national value chains. The toolbox can assist countries in exploring or improving the implementation of alternative quality assurance mechanisms to fit the needs of seed businesses operation at different levels. [2]

Capacity strengthening of seed certification experts
Across the board countries can benefit from tailor-made capacity building activities for seed labs and field inspectors. A staff assessment can assist in deciding what capacity needs to be addressed. In some cases, new information materials can be developed like inspection guidelines and checklists.

Simplification of existing procedures on seed business licensing
In some countries seed business licenses for seed import and for domestic seed production are required per crop. The long administrative process and high fee structure put pressure on many seed companies, specifically those working on vegetables and smaller companies operating at the local level. The system can be reformed towards requiring only one seed business license for all crops. Myanmar recently reduced the requirement of one seed business license per crop to one license per crop group (i.e. field crops, horticulture crops and industrial crops). The seed laws toolbox can assist governments to simplify the seed business license system.

Simplification of seed import and export requirements
Seed import and export often require submission of seed samples, description of varieties, a sales contract, a variety registration certificate, a phytosanitary certificate and other documents. The long list of required documentation plus other additional requirements creates a barrier for seed sector growth and limit business opportunities for the private seed sector. Simplification of the requirements for seed import and export shall be one of the priorities of the Seed Laws Toolbox. After the regulatory reform process in Myanmar, a copy of the seed standard certificate, a phytosanitary certificate and a proof of payment are the only documents needed.

[1] See the paper by De Jonge et al., 2021: https://www.mdpi.com/2073-4395/11/11/2282
[2] See the paper by Mastenbroek et al., 2021: https://www.mdpi.com/2073-4395/11/8/1475