Nursery Act , Protection Of Plant Varieties And

Farmers’ Rights ACT 2001 (PPV&FR,2001),

Quarantine System In India
 NURSERY ACT

 There is no fixed standard of quality planting materials for the crops

suitable to arid region.
 Nursery act is essentially required to check the disposal of inferior quality
seeds and planting materials.
 Therefore, for development of arid horticulture by quality planting
materials, there should be proper nursery act.
 Nursery act is not implemented so far. There are some areas where nursery
act is there but not implemented properly, which should be reviewed and
implemented with due modifications.

2
 NURSERY ACT
There are several acts related to nurseries in India, including:
 Nursery Registration Act: This act has been in effect since
December 1966 and is currently in force in some states for
horticulture nurseries. These states include Punjab,
Maharashtra, Himachal Pradesh, Uttar Pradesh,
Uttrakhand, Jammu and Kashmir, Orissa, and Tamil Nadu.
 Maharashtra Fruit Nurseries and Sale of Fruit Plants
(Regulation) Act, 1969: This act regulates the licensing and sale
of fruit plants in Maharashtra.
 ICAR-CAFRI (2023) Accreditation Protocol for Agroforestry
Nurseries: This protocol ensures quality standards for
3

accrediting agroforestry nurseries in India.

 NURSERY ACT

Nursery Management Act,

 This act outlines the responsibilities of licensed nursery holders,
 Selling or distributing only plants that are free of disease and insects, and have been
authenticated by a nursery inspector Showing nursery records and any part of the nursery to a
nursery inspector
 Carrying out nursery activities in accordance with the technical advice of a nursery
inspector
 Packing and labeling plants properly before selling or distributing them.
 Some websites, where this act has been in effect since December 1966 and is currently in
force in some states for horticulture nurseries.
4
 PPV&FR,2001

As per the TRIPS Agreement(1994) "Members shall

provide for the protection of plant varieties either by
patents or by an effective sui generis system or by any
combination thereof."
• India has implemented the Protection of Plant Varieties
and Farmers' Rights Act, 2001.
• PPVFR act is an effective system for protection of plant
varieties, the rights of farmers and plant breeders and to
encourage the development of new varieties of plants.
5

1
TIMELINE OF THIS ACT

 The Protection of Plant Varieties and Farmers’ Rights Act

2001 was approved by the Government of India in 2004 but
came into force with effect from January 2005.
 Rule- 2003
 Authority started receiving applications for Registration of
Varieties of 12 notified crop species from 21st May, 2007.

6
MAIN OBJECTIVE: TO ENCOURAGE DEVELOPMENT OF NEW PLANT VARIETIES
 To encourage the development
AND PROMOTE DEVELOPMENT OF SEED INDUSTRY IN INDIA.
of
new varieties
 To facilitate the growth of the seed
industry to ensure the availability
quality seeds
 To stimulate research and
development both by public as well
as private sector
 To recognize and protect the rights of
the farmers for their contributions
WHAT CAN BE REGISTERED UNDER
PPVFR?

New varieties Extant varieties

Register
able
varieties
Farmers’ varieties Essentially derived
varieties (EDV)
 GENERAL FUNCTIONS OF THE PPVFR AUTHORITY
Registration of new plant varieties, essentially derived varieties (EDV)
and extant varieties
Developing DUS (Distinctiveness, Uniformity and Stability) test
guidelines for new plant species
Developing characterization and documentation of registered
varieties
Compulsory cataloging facilities for all variety of plants

Documentation, indexing and cataloguing of farmers' varieties

Recognizing and rewarding farmers, community of farmers.

Maintenance of the National Register of Plant Varieties and

Maintenance of National Gene Bank

SALIENT FEATURES OF PPV&FR,2001
 I. Purpose

Four main objectives

 To establish an effective system for protection of plant varieties, farmers’
rights and plant breeders’ rights.
 To recognize and protect farmers’ rights for their contribution in
conserving, improving and making available plant genetic resources for
development of new plant varieties.
 To stimulate investment for research and development both by public
and private sector for development of new plant varieties.
 To promote the growth of seed industry in the country to ensure
availability of high- quality seeds to the farmers.
11
 New variety
 Not in public domain earlier than one year before the date of filing.
(4 years in case of trees and vines)
Extant variety
 Notified under section 5 of seeds act (1966). A variety about which there is

common knowledge Which is in public domain (longer time).

Farmer’s variety
 Traditionally cultivated and evolved by farmer. Land race or wild relatives.

12
Legislative Structure , Headquarters
and Plant Material Required

Legislative Structure: The Authority consists of a chairperson called as authority and 15

persons as members.
Headquarters: The headquarters of Protection of Plant Varieties and Farmers’ Rights Act
Authority is located in Pusa Campus (National Agricultural Science Complex), New Delhi.
Plant Material Required: The following breeding material can be protected:
 11 new varieties of self-pollinated species such as pure line and multiline varieties.
 New varieties of cross-pollinated species such as open-pollinated variety, synthetics and
composites.
 New varieties of vegetatively/ clonally propagated species.
 Single, three-way and double cross hybrids. Inbred parental lines of hybrid varieties.
 Trees, fruits, ornamental plants and vines.

13
 REGISTRATION
Registration:
PPV & FR Act Authority establishes a Plant Varieties Registry, which
maintains a National Register of Plant Varieties. For registration of a
variety, an application has to be filed with the Registrar, PPV & FR Act.
No fee is charged if the variety is registered by a farmer. A new variety
will be registered under the act if it conforms to the criteria of novelty,
distinctiveness, uniformity and stability.
 Novelty:

It refers to newness of a variety. A variety which has not been grown for
more than one year prior to the application for registration can be
protected.

14
 Distinctiveness:

The variety should be clearly distinguishable from previously available

varieties at least for one characteristic.
 Uniformity:

It refers to same type of population of a variety. If cross-pollinated

species, the range of variation should be within the tolerable limit.
 Stability:

It means that the variety should give stable performance after repeated
reproduction or propagation. Moreover, a variety should have a
designation.
15
DISTINCT UNIFORM STABLE

16
 PLANT VARIETY PROTECTION

 Plant Variety Protection Appellate Tribunal under PPVFR Central Govt. constitutes
Plant Variety Protection Appellate [Link] on jurisdiction, powers, and
authority conferred under this act. The decision of the tribunal under this act is
executable as a judgment of Civil Court
 Period of Protection :

15 years for annual and biennial crops and 18 years for perennial.
 Compensation:
 If a breeder of a propagating material of a variety registered under the Act sell his
product to a farmer, he had to disclose the expected performance under given
conditions. If the propagating material fails to perform, the farmer can claim
compensation in the prescribed manner before the Protection of Plant Varieties and
Farmers’ Rights Authority. 5
 PENALTIES FOR INFRINGEMENT
UNDER PPVFR
Infringement Fine(rupees) Imprisonment
Applying false denomination
(variety related information) or 50,000 to 5,00,000 3 months to 2 years
wrong information
Selling the variety to which
50,000 to 5,00,000 6 months to 2 years
false denomination is applied.

Falsely representing the variety 6 months to 3 years

1,00,000 to 5,00,000
as registered variety.

Subsequent offence (repeated

2,00,000 to 20,00,000 1 to 3 years
infringement)

Manual on farmers’ rights S. Bala 52

PROVISION OF RIGHTS UNDER PPVFR
19
 MERITS

 It provides an effective system for protection of plant varieties, farmers’

rights and plant breeders’ rights.
 It recognizes the contribution of farmers in conserving, improving and
making available plant genetic resources for development of new plant
varieties.
 It provides rights to farmers to save, use, sow, resow, exchange, share or sell
his farm produce including seed of a variety protected by PPV & FR Act.
 It promotes growth of seed industry in the country to ensure availability of
high- quality seeds to the farmers.
 It involves representatives of farmers, women and seed industry in its
legislative structure who will took to the interest of these sectors.
20
 DEMERITS

 The PPV & FR Act will promote cultivation of new high yielding varieties which are highly
uniform. This will result in reduction in genetic diversity leading to narrow genetic base and
danger of uniformity.
 This will encourage monopoly of some breeders or seed companies for genetic material with
special traits.
 The holders of plant breeders’ rights will produce less seed than market demand and hike price
to earn more profit. The high price cannot be afforded by small and marginal farmers. Thus, all
farmers cannot take advantage of new varieties.
 It will inhibit free exchange of seed material and encourage unlawful practice.

Exclusion:
Those techniques which are harmful to animals and the environment such as terminator
technology and traitor technology are excluded and not allowed by the Protection of Plant
Varieties and Farmers’ Rights Act 2001.
21
 Breeders’ rights
 Plant Breeders’ Rights: A certificate of registration for a variety issued
by this act shall confer an exclusive right on the breeder of his successor,
his agent or license, to produce, sell, market, distribute, import or export
seed of his variety. The breeder has right to authorize any other person for
production and marketing of his variety. Rights to produce, sell, market,
distribute, import or export the protected variety.
 Can appoint agent/licensee and exercise civil remedy in case of
infringement of right.

Researchers’ rights
 Permitted one time use of registered variety.
 Can use any of the registered variety (initial source) for conducting
experiments to develop another variety.
 But repeated use of such variety as parental line needs prior permission of
5
 T S
H
R IG
S '
ER
R M
FA
 IMPORTANCE OF FARMERS' RIGHTS
 Farmers’ Rights: A farmer is entitled to save, use, sow, resow, exchange,
share or sell his farm produce including seed of a variety protected under the
Act in the same manner before this Act came into force. He cannot sell
branded seed of a variety protected under the Act. Act recognize three role of
farmers’: cultivator, conserver, and breeder.
 A farmer who has breed the variety is entitled Farmers’ variety for registration.
 To ensure that the benefits of modern science and technology with regard to
seed are made accessible to all farmers with good quality and minimal price.
 The knowledge of the traditional farmers provides the pool from which plant
traits can be found which meet the challenges of –
 Crop Pests And Diseases,
 Marginal Soils,
 Changing Climate conditions. 5
1.
FARMERS’ RIGHT ON SEED
 Right to save the seed from one’s crop.
 Use the saved seed for sowing(resow)
 Exchanging and sharing of saved seed to other
farmers
 Selling of seeds to other farmers
 Exception : Selling of registered brands (branded
seed)

5
[Link] RIGHTS’ TO REGISTER TRADITIONA
VARIETIES

Traditional varieties developed or conserved by

a community of farmers e.g. Katargam papdi,
Surati Ravaiya.
New varieties developed by one or group of
farmers are eligible for registration.
No registration fees are charged for the farmers
to register the varieties.

5
8
 FARMERS’ RIGHT FOR REWARDS AND
3. RECOGNITION

Provision is given to reward and recognize individual

farmers or farming or tribal community for their role in
 Conservation of Plant Genetic Resources(land races,
wild relatives) either by improvement through
selection or preservation
Award- Plant Genome Community Savior Award/5
farmers/year
Amount- 10 lakh rupees.

5
4. FARMERS’ RIGHT FOR BENEFIT
SHARING

 Act provides equitable sharing of the benefits earned from the new varieties (or
EDV) developed by breeder.
 Source: Farmers’ or tribal traditional variety or by commercialization of their
traditional knowledge.
 So all PBR applicant needs to declare the initial source used in breeding.

6
5. FARMERS’ RIGHT TO GET COMPENSATION FOR THE
LOSS SUFFERED FROM REGISTERED VARIETY

Farmers’ shall get the compensation if a

variety is not performing according to the
prescriptions given by the PBR holder.
Failure of performance and claims is
judged independently, not in court.

6
6. FARMERS’ RIGHT TO RECEIVE THE COMPENSATION
OF UNDISCLOSED USE OF TRADITIONAL VARIETIES

 Applicant has to mention the source used to breed the

variety
 If applicant has suppressed the information on use of
traditional variety / knowledge concerned with the
community
 Third party can submit the claim for compensations
 The Authority will give compensation, PBR holder has to
remit the amount NGF (National Gene Fund) and finally
it will be distributed to farmers

6
 FARMERS’ RIGHT FOR THE SEEDS OF
REGISTERED VARIETY
 PBR holder has to meet the farmers’ demand at a reasonable
price.
If PBR holder fails to satisfy the requirement
 Farmers have right to take this matter to the Authority for non-
availability of seeds, its poor quality or its high price, three
years after the registration.
 Authority will enforce compulsory license
 This compulsory license will revoke the exclusive right on
commercial production and marketing of seeds granted to PBR
holder and transfer the right to third party decided by the
Authority.
6
FARMERS’ RIGHT FOR RECEIVING THE FREE
SERVICE UNDER THE ACT

Considering the poor economic capability of farmers,

exemptions are provided to the farmers on

 Any fees to be paid for registration of a variety

 To conduct the DUS test
 For renewal of registration
 Fees for any application
 Fees for any legal proceedings
6
 FARMERS’ RIGHT FOR PROTECTION
AGAINST INNOCENT INFRINGEMENT

 Under the act / legal procedure, violation of any law

committed out of ignorance is not held as an
acceptable crime.
 But farmers are safeguarded against the innocence
infringement.
 Court is prevented from prosecution of farmers on
charges of any infringement of the act.
 In that case, farmer has to prove his innocence.

6
RIGHTS OF COMMUNITY

 Any person, groups of persons (actively engaged in farming or not) or any

governmental or non-governmental organization may, on behalf of any village of
local community in India, file a claim considering registered variety in any
Centre notified.
 If such claim is true, the Centre shall report the findings to the authority.
 If the authority is satisfied with the claim, it will issue the notice to the breeder
giving opportunity for objection.
 After being heard, Authority may grant such some of compensation to be paid
(by PBR holder) to the person or group of persons which have made the claim.

34
6
THE RIGHTS ENJOYED BY THE OWNER OF
PROTECTED VARIETY

 To produce
 To Sell
 To market
 To distribute
 To import and
 To export the variety.

6
 QUARANTINE SYSTEMS IN INDIA

an essential strategy to safeguard agricultural resources from the introduction

and dissemination of detrimental pests and diseases.
The main goal of these regulations is to deter the introduction of exotic
pests and diseases that may present a substantial risk to Indian agriculture.
This is accomplished by implementing a blend of inspection, processing,
and certification protocols for imported plants, plant products, and other
agricultural commodities.

37
 INTRODUCTION
 A mandate that places legal restrictions on the flow of agricultural products in
order to keep plants, illnesses, or parasites out of a region and/or prevent or
postpone their establishment. The process of plant quarantine involves
separating plants until they are verified to be free from diseases and pests,
therefore ensuring their health. Quarantine can denote either the physically
designated quarantine station or the procedure of evaluating and refining the
growing material. An established quarantine period of 40 days is required for
separating the plant material.
Quarantine defination
The method of exclusion of the pests is enforced through certain legal
measures commonly known as Quarantine. ( or )
Quarantine can be defined “as a legal restriction to prevent the entrance and
establishment of a plant disease or insect pest in an area where the pest or
disease dose no exist”. 38
 PLANT QUARANTINE

 Plant quarantine may be defined as the “Rules and regulations promulgated by

governments to regulate the introduction of plants, planting materials, plant
products, soil, living organisms, etc. with a view to prevent inadvertent
introduction of exotic pests, weeds and pathogens harmful to the agriculture or the
environment of a country/region, and if introduced, to prevent their establishment
and further spread”. Plant quarantine is thus designed as a safeguard against
harmful pests/pathogens exotic to a country or a region
 Need of Plant Quarantine

Once introduced and established, a new pest can quickly grow to

devastating proportions due to the lack of natural predators in the new habitat.
Epidemics of plant pests have the potential to lead to the depletion of agricultural
yield. Consequently, the primary objective is deterring the introduction of foreign
pests into the country by implementing regulations that are necessary for ensuring
adherence (Dubey and Gupta, 2016). 39
 PLANT QUARANTINE SYSTEM IN
 INDIA
In the early 20th century, the Indian Government mandated the fumigation of imported
cotton bales in 1906 to avoid the entry of the Mexican cotton boll weevil
(Anthonomus grandis), hence establishing an awareness of quarantine procedures in
India.
 In 1946, the Directorate of Plant Protection, Quarantine and Storage was established
under the responsibility of the Ministry of Food and Agriculture. In accordance with
the DIP act, the Directorate of Plant Quarantine and Storage (DPPQS) in Faridabad has
been created to enforce quarantine regulations and establish guidelines for quarantine
inspection and disinfestations of any item for which a notification has been issued by
the Central Government.
 The regulatory framework for plant quarantine in the country is established by the
"Destructive Insects & Pests Act, 1914 (Act 2 of 1914)". The primary objective is to
prohibit the entry of any insect, fungus, or other pest that has the potential to cause
damage to crops. The scheme also provides for the phytosanitary certification of
agricultural goods being exported in Protection Convention (IPPC), 1951.
40
 Under the PQ directive, the National Bureau of Plant Genetic Resources (NBPGR) in
New Delhi, which serves as the central agency for exchanging plant genetic resources,
has been given the authority to manage the quarantine processing of imported
germplasm and transgenic planting material for research endeavours in the country.
 Not until 1984, when the Government of India introduced a complete 'Plants, Fruits
and Seeds (Regulation of Import into India) Order, 1984', was seed included in the DIP
Act. This order became effective in June 1985 (Anonymous, 1985). To ensure that
farmers have access to the highest quality planting materials globally, the Government
of India introduced a 'New Policy on Seed Development' in September 1988. The new
policy addresses the importation of seeds and planting materials for wheat, paddy,
coarse cereals, oilseeds, pulses, vegetables, flowers, ornamentals, and fruit crops. It
also stipulates the procedures and conditions for their importation and the associated
41
plant quarantine measures.
 PLANT QUARANTINE IS EQUIPPED
INTO 3 DIVISIONS:

1. Domestic quarantine:
Imposition of limitations on the transportation of plants and plant-related
materials from one state to another. Transportation of some contaminated
products to neighbouring states for commerce and export is strictly forbidden.
2. International quarantine:
Legislative limitations on plant and plant-derived products vary among
countries to guarantee the use of pest and disease-free materials.
3. Embargo:
Imposition of an official prohibition on commerce or any other commercial
activity with a specific country. Importation is forbidden when the pest danger
is very high and the available safe protections in the country are insufficient. 42
 QUARANTINE REGULATIONS

 Irrespective of the specific type of introduced plant, such as seeds, vegetables,

fruits, etc., large-scale introductions are always precarious due to the challenging
nature of comprehensive investigation and treatment (Dubey et al 2021). Given
these criteria, plant quarantine governs the introductions in the following manner:
1. Complete embargo/prohibition: When the level of pest threat is very high, the
existing measures in the country are insufficient and, as a result, the importation
become forbidden.
2. Post entry quarantine: The risk is quite significant, but there are sufficient
precautions in terms of post-entry isolation developing capabilities.
3. Restricted: Although the pest risk is low, an import permit is necessary to specify
the requirements for entrance, inspection, and treatment.
4. Unrestricted: Import authorisation is unnecessary, and materials can 43enter
unrestricted.
 INSPECTION PROCEDURES

 Visual inspection
 X-ray test
 Washing test
 Sedimentation test
 Incubation test
 Grow out test
 Electron microscopy
 Serological methods

44
 PLANT QUARANTINE TREATMENTS

1. Fumigation:
Under atmospheric or under reduced pressure methyl bromide and other fumigants
like HCN, phosphine and EDCT (ethylene dichloride + carbon tetrachloride
mixture) are commonly used.
2. Heat treatment:
Hot water treatment and hot air treatment are common methods employed in
quarantine to eliminate insects, mites, nematodes, fungi, bacteria, and viruses.
Against nematodes, flower buds should be treated at 44°C for 240 minutes;
chrysanthemum should be treated at 48°C for 25 minutes; potato tubers should be
treated at 45°C for 5 minutes; against insects and mites, strawberry runners should
be treated at 46°C for 10 minutes.
3. Cold treatment:
An atmospheric cold plasma jet can effectively sanitise plant leaves contaminated
with fungus and regulate the transmission of infection. 45
4. Chemical treatment:
The application of chemicals might occur in the form of dust, slurry,
spray, or dip. The dosages of chemicals should be sufficient to eliminate
the inoculums without causing death to the host.
5. Tissue culture:
The tissue culture technique mitigates the potential of pest/pathogen
invasion through two mechanisms: (i) The extent of infection is
significantly reduced through the representation of introductions by
meristem tips, resected buds, or embryos. ii) The aseptic plantlet system
includes an integrated pest/pathogen detection capabilities.
46
 DISEASES/ PESTS INTRODUCED
WORLDWIDE

 Late blight of potato (Phytophthora infestans) introduced from South

America to Europe in 1830
 Golden nematode of potato (Globodera rostochinensis) introduced from
Europe to USA in 1881
 Onion smut (Urocystis cepulae) introduced from France to Switzerland
in 1924
 Bacterial canker of tomato (Clavibacter michiganensis) introduced from
USA to UK in 1942

47
DISEASES/ PESTS INTRODUCED IN INDIA

 Late blight of potato (Phytophthora infestans) introduced from England in

1883
 Downy mildew of cucurbits (Peronospora cubensis) introduced from Sri
Lanka in 1918
 Black rot of crucifers (Xanthomonas cubensis) introduced from Java in
1929
 Wart of potato (Synchytrium endobioticum) introduced from Netherlands
in 1953
48
DISEASE CONTROLLED BY PLANT
QUARANTINE

❖ Bunchy Top of Banana – Kerala

❖ Mosaic of Banana – Kerala
❖ Apple Scab – H. P.
❖ Wart of Potato - W. B (Zehra et al 2022)

49
 International Plant Protection Convention (IPPC)

The IPPC is a multilateral legal agreement that promotes international

collaboration in the field of plant protection. It was established in 1952. Corporate
headquarters: Rome, Italy. 182 countries worldwide are members of this
organisation. The system operates based on standards for pest risk analysis, criteria
for establishing pest-free zones, and other guidelines which provide precise
direction on subjects connected to the SPS Agreement.
 Phytosanitary certificate

A phytosanitary certificate is a formal document officially issued by the

Department of horticulture, agriculture, food, or water resources of the exporting
country. Only a duly authorised officer from the National Plant Protection Agency
(NPPO) is permitted to issue it. This agency is established to safeguard against the
risk of transmitting pests, contaminants, or diseases into the importing country. The
50
issuance of the certificate must occur 14 days before the material is sent.
 Quality control

Quality control refers to the systematic evaluation of the quality of all

elements concerned in the production process by organisations.
There are 4 inspection stages in Quality control:
Incoming quality control (IQC)
In process quality control (IPQC)
Final quality control (FQC)
Outgoing quality control (OQC)
The plant quarantine serves as a crucial mechanism for eliminating
pests and diseases from crops. Successful execution of quarantine procedures
is strongly advised for the control of pests and diseases, thereby ensuring the
51

preservation of crop productivity.