The Cereal Seeds Regulations (Northern Ireland) 2009

Re-grading of crops

10.—(1) An application to re-grade a crop for the production of a category and, where appropriate, level of seed to which paragraph (6) applies as a crop for the production of another category and, where appropriate, level of seed (“ the new category”) to which that paragraph applies may be made to the Department by a registered person.

(2) An application made under this regulation shall be made in such form and manner and at such time as the Department shall require and shall be accompanied by—

(a) a copy of the field inspection report previously issued in respect of the crop unless this has previously been lodged with it, and

(b) such other information as the Department may require for the purpose of determining the application.

(3) Where an application made under this regulation has been made in respect of a crop that has not been harvested—

(a) the Department shall, in the case of an application to re-grade a crop as a crop to produce pre-basic or basic seed, carry out a field inspection of the crop to determine whether it meets the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for the production of the new category and, where appropriate, level of seed if—

(i) the previous field inspection report issued in respect of the crop was not issued by it, and

(ii) the condition and stage of development of the crop permit an adequate examination; and

(b) the Department may, in the case of an application to re-grade a crop as a crop to produce CS, C1 or C2 seed, carry out a field inspection of the crop to determine whether it meets the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for the production of the new category and, where appropriate, level of seed if the condition and stage of development of the crop permit an adequate examination.

(4) If the Department—

(a) in the case of an application to re-grade a crop as a crop to produce pre-basic or basic seed—

(i) has carried out a field inspection of the crop (whether in connection with the original application for a field inspection of the crop or in accordance with paragraph (3));

(ii) is satisfied that the crop has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; and

(iii) is satisfied that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for the production of the new category and, where appropriate, level of seed;

(b) in the case of an application to re-grade a crop as a crop to produce CS or C1 seed—

(i) is satisfied that the crop has been produced directly from UK, EC, third country or overseas tested officially certified basic seed of a listed variety, or, with the breeder’s written authority, from UK, EC, third country or overseas tested officially certified pre-basic seed of a listed variety; and

(ii) is satisfied that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for the production of the new category and, where appropriate, level of seed;

(c) in the case of an application to re-grade a crop as a crop to produce C2 seed—

(i) is satisfied that the crop has been produced directly from UK, EC, third country or overseas tested officially certified basic or C1 seed of a listed variety, or, with the breeder’s written authority, from UK, EC, third country or overseas tested officially certified pre-basic seed of a listed variety; and

(ii) is satisfied that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for the production of the new category and, where appropriate, level of seed,

the Department shall notify the applicant that the crop has been found to meet or (if the crop has already been harvested) it has been found that it would have met the conditions referred to in subparagraph (a)(iii), (b)(ii) or (c)(ii), as the case may be, and that the application to re-grade the crop has been successful.

(5) If the Department is satisfied that the conditions specified in paragraph (4) for the relevant category and, where applicable, level of seed have not been met it shall notify the applicant that his application to re-grade the crop has been unsuccessful.

(6) This paragraph applies to the following categories and levels of seed—

(a) pre-basic seed;

(b) basic seed of maize, rye or triticale, other than a component of a hybrid in each case;

(c) basic seed of a component of a hybrid variety of barley, durum wheat, maize (other than a simple hybrid of maize which is a component of a more complex hybrid), oats, rye, self-pollinating triticale, spelt wheat or wheat;

(d) in the case of barley, durum wheat, oats, spelt wheat or wheat, HVS level basic seed;

(e) in the case of barley, durum wheat, oats, spelt wheat or wheat, minimum level basic seed;

(f) in the case of maize or rye, other than a hybrid, CS seed;

(g) in the case of barley, durum wheat, oats, spelt wheat or wheat, HVS level C1 seed;

(h) in the case of barley, durum wheat, oats, spelt wheat or wheat, minimum level C1 seed;

(i) in the case of triticale, C1 seed;

(j) in the case of barley, durum wheat, oats, spelt wheat or wheat, HVS level C2 seed;

(k) in the case of barley, durum wheat, oats, spelt wheat or wheat, minimum level C2 seed; and

(l) in the case of triticale, C2 seed.