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The Forest Reproductive Material (Great Britain) Regulations 2002

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PART VE+W+SMarketing of Forest Reproductive Material

Forest reproductive material which may be marketedE+W+S

17.[F1(1) Subject to regulations 18 and 31, no person shall market forest reproductive material in England or Scotland unless—

(a)in the case of forest reproductive material produced in a relevant territory—

(i)its collection and production meet the requirements of regulations 10 to 12 and 14 to 15;

(ii)it has been certified in accordance with regulation 13; and

(iii)it falls into one of the categories described in regulation 4(1), subject as the case may be to the application of regulation 7(2) and (3);

(b)in the case of forest reproductive material produced in Northern Ireland F2..., it was accompanied on its entry into England or Scotland by the supplier’s label or document required by [F3regulation 19 of the NI Regulations];

(c)in the case of forest reproductive material produced in an [F4OECD country granted equivalence and imported] into England or Scotland, a Master Certificate has been issued by the Commissioners [F5or the Scottish Ministers] in relation to the material in accordance [F6regulation 25(5) and (6) or, as the case may be, regulation 25A(5) and (6);]

F7(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)in the case of forest reproductive material produced in a [F8non-OECD country granted equivalence and imported] into England or Scotland, it has met the requirements as to entry into England or Scotland set out in regulation 25;

[F9(ea)in the case of forest reproductive material imported into Northern Ireland, it met the requirements set out in the NI Regulations as to entry into Northern Ireland and was accompanied on its entry into England by the supplier’s label or document required by regulation 19 of the NI Regulations;

(eb)in the case of forest reproductive material produced in a Crown Dependency and imported into England, it has met the requirements set out in legislation of that Crown Dependency which is recognised by the Secretary of State to have equivalent effect to these Regulations and was accompanied on its entry into England by a supplier’s label or document as required by regulation 23A];

[F10(ea)in the case of forest reproductive material imported into Northern Ireland, it met the requirements set out in the NI Regulations as to entry into Northern Ireland and was accompanied on its entry into Scotland by the supplier’s label or document required by regulation 19 of the NI Regulations;

(eb)in the case of forest reproductive material produced in a Crown Dependency and imported into Scotland, it has met the requirements set out in legislation of that Crown Dependency which is recognised by Scottish Ministers to have equivalent effect to these Regulations and was accompanied on its entry into Scotland by a supplier’s label or document as required by regulation 23A;]

F11(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)it is marketed and labelled in compliance with paragraphs (2) to (7), regulation 14 and regulation 19 as read with regulation 20 in the case of seeds; and

(h)it meets the requirements of paragraphs (8) to (12).]

[F12(1) Subject to regulations 18 and 31, no person shall market forest reproductive material in Wales unless—

(a)in the case of forest reproductive material produced in a relevant territory—

(i)its collection and production meet the requirements of regulations 10 to 12 and 14 and 15;

(ii)it has been certified in accordance with regulation 13; and

(iii)it falls into one of the categories described in regulation 4(1), subject as the case may be to the application of regulation 7(2) and (3);

(b)in the case of forest reproductive material produced in Northern Ireland F13..., it was accompanied on its entry into Wales by the supplier’s label or document required by [F14regulation 19 of the NI Regulations];

(c)in the case of forest reproductive material produced in an [F15OECD country granted equivalence and imported] into Wales, a Master Certificate has been issued by the appropriate authority in relation to the material in accordance with regulation 25(5) and (6);

F16(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)in the case of forest reproductive material produced in a [F17non-OECD country granted equivalence and imported] into Wales, it has met the requirements as to entry into Wales set out in regulation 25;

[F18(ea)in the case of forest reproductive material imported into Northern Ireland, it met the requirements set out in the NI Regulations as to entry into Northern Ireland and was accompanied on its entry into Wales by the supplier’s label or document required by regulation 19 of the NI Regulations;

(eb)in the case of forest reproductive material produced in a Crown Dependency and imported into Wales, it has met the requirements set out in legislation of that Crown Dependency which is recognised by the Welsh Ministers to have equivalent effect to these Regulations and was accompanied on its entry into Wales by a supplier’s label or document as required by regulation 23A];

F19(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)it is marked and labelled in compliance with paragraphs (2) to (7), regulation 14 and regulation 19 as read with regulation 20 in the case of seeds; and

(h)it meets the requirements of paragraphs (8) to (12).]

(2) Forest reproductive material of the artificial hybrids listed in Schedule 1 may be marketed only if it is of the categories “selected”, “qualified” or “tested”.

(3) Vegetatively reproduced forest reproductive material may be marketed only under the categories “selected”, “qualified” or “tested” and in the case of forest reproductive material of the category “selected”, may be marketed only if it is produced by means of subsequent multiplication by vegetative propagation from seeds.

(4) Forest reproductive material derived from basic material in the form of a seed source may be marketed only under the category “source identified”.

(5) Forest reproductive material derived from basic material in the form of a stand may be marketed only under the categories “source identified”, “selected” and “tested”.

(6) Forest reproductive material derived from basic material of the following types may be marketed only under the categories “qualified” and “tested”—

(a)seed orchard;

(b)parents of family;

(c)clone; and

(d)clonal mixture.

(7) Forest reproductive material which consists wholly or partly of genetically modified organisms may be marketed only under the category “tested”.

(8) Forest reproductive material in the form of fruit and seed lots of the species listed in Schedule 1 shall reach a minimum species purity level of 99%, except in the case of closely related species other than artificial hybrids in respect of which the purity of the fruit or seed lot shall be stated in any labelling or record documenting information about the seed required under regulations 14, 15 and 19.

(9) Forest reproductive material in the form of parts of plants shall be of fair marketable quality determined with reference to general characteristics, health and appropriate size.

(10) Forest reproductive material in the form of stem cuttings or sets of Populus spp. shall meet the standards described in Schedule 9.

(11) Forest reproductive material in the form of planting stock shall be of fair marketable quality determined with reference to general characteristics, health, vitality and physiological quality.

F20(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

LicencesW

[F2118.(1) The appropriate authority may authorise a registered supplier by licence to—

(a)market forest reproductive material in Wales which would otherwise be prohibited under regulation 17(1);

(b)import into Wales forest reproductive material which would otherwise be prohibited under regulation 25.

(2) The licence shall be in writing and may be granted—

(a)subject to conditions;

(b)for a definite or an indefinite period.

(3) The appropriate authority may only give an authorisation under paragraph (1)(a) or (1)(b)—

(a)if the forest reproductive material is to be marketed for use in tests, for scientific purposes or for generic conservation purposes;

(b)if the forest reproductive material consists of seed units which are clearly shown not to be intended for forestry purposes; or

(c)in exercise of a derogation permitted by [F22any provision made under retained EU law relating to forest reproductive material or under the Plant Varieties and Seeds Act 1964].

(4) The appropriate authority may also give an authorisation under paragraph (1)(a) if the forest reproductive material is to be marketed for use in selection work.

(5) If the appropriate authority decline to give an authorisation under paragraph (1), they shall give the applicant their reasons for doing so in writing.]

Extent Information

E1This version of this provision extends to Wales only; a separate version has been created for England and Scotland only

Textual Amendments

LicencesE+S

[F3518.(1) The Commissioners may authorise a registered supplier by licence to—

(a)market forest reproductive material in England F36... which would otherwise be prohibited under regulation 17(1); or

(b)import into England F37... forest reproductive material which would otherwise be prohibited under regulation 25.

(2) The licence shall be in writing and may be granted—

(a)subject to conditions;

(b)for a definite or an indefinite period.

(3) The Commissioners may only give an authorisation under paragraph (1)(a) or (1)(b)—

(a)if the forest reproductive material is to be marketed for use in tests, for scientific purposes or for genetic conservation purposes;

(b)if the forest reproductive material consists of seed units which are clearly shown not to be intended for forestry purposes; or

(c)in exercise of a derogation permitted by [F38any provision made under retained EU law relating to forest reproductive material or under the Plant Varieties and Seeds Act 1964].

(4) The Commissioners may also give an authorisation under paragraph (1)(a) if the forest reproductive material is to be marketed for use in selection work.

(5) If the Commissioners decline to give an authorisation under paragraph (1), they shall give the applicant their reasons for doing so in writing.]

[F23Licences: ScotlandE+W+S

18A.(1) The Scottish Ministers may authorise a registered supplier by licence to—

(a)market forest reproductive material in Scotland which would otherwise be prohibited under regulation 17(1), or

(b)import into Scotland forest reproductive material which would otherwise be prohibited under regulation 25A.

(2) The licence shall be in writing and may be granted—

(a)subject to conditions,

(b)for a definite or an indefinite period.

(3) The Scottish Ministers may give an authorisation under paragraph (1)(a) or (b) only—

(a)if the forest reproductive material is to be marketed for use in tests, for scientific purposes or for genetic conservation purposes,

(b)if the forest reproductive material consists of seed units which are clearly shown not to be intended for forestry purposes, or

(c)in exercise of a derogation permitted by [F24any provision made under retained EU law relating to forest reproductive material or under the Plant Varieties and Seeds Act 1964].

(4) The Scottish Ministers may also give an authorisation under paragraph (1)(a) if the forest reproductive material is to be marketed for use in selection work.

(5) If the Scottish Ministers decline to give an authorisation under paragraph (1), they shall give the applicant their reasons for doing so in writing.]

Labelling and packaging of lots for marketingE+W+S

19.—(1) Forest reproductive material in the separate, distinct lots required under regulation 14 may be marketed under regulation 17 only if the lot is accompanied by a supplier’s label or document which documents the following—

(a)the identification criteria and any other information required to be recorded under regulation 14(2) and (3);

(b)the Master Certificate number or numbers;

(c)the name of the supplier;

(d)the quantity supplied;

(e)the words “provisionally approved” in the case of forest reproductive material of the category “tested” which has been approved under regulation 7(2) [F25or, in the case of forest reproductive material approved in Northern Ireland, [F26a Crown Dependency or a country granted equivalence], under the equivalent procedure in that country];

(f)whether the material has been vegetatively propagated;

(g)in the case of forest reproductive material derived from basic material which consists of a genetically modified organism, the fact that it is so derived; F27...

F27(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In the case of forest reproductive material marketed as a seed lot, the supplier’s label or document shall, subject to paragraphs (3) and (4), in addition to the information required under paragraph (1), also contain the following information, stating in each case the date on which any assessment which is the source of the information so provided was carried out—

(a)the respective percentage by weight of pure seed, other seed and inert matter;

(b)the germination percentage of the pure seed, or, where germination percentage is impossible or impractical to assess, the viability percentage assessed by reference to a method which shall be described;

(c)the weight of 1,000 pure seeds; and

(d)the number of germinable seeds per kilogram of the seed, or, where the number of germinable seeds is impossible or impractical to assess, the number of viable seeds per kilogram.

(3) When forest reproductive material in the form of seed of any given season’s crop is first sold in that season as forest reproductive material, it need not meet the requirements of [F29paragraph (2)(b) or, in the case of material produced in [F30a country granted equivalence], the requirements of paragraph (2)(d)] if the testing required to ascertain that information has not been concluded, but shall meet those requirements during all subsequent marketing where the supplier’s label or document is needed.

(4) The information requirements of [F31paragraphs] (2)(b) and (d) shall not apply to forest reproductive material in the form of seed which is marketed in quantities no greater than those described in respect of the individual species and artificial hybrids listed in Schedule 11.

(5) Seed units shall be marketed only in sealed packages, the sealing device of which shall be such that it becomes unusable once the sealed package has been opened.

(6) Any label or document, other than those which may be created pursuant to regulation 14(1) or this regulation, which accompanies any lot of forest reproductive material derived from basic material consisting of a genetically modified organism shall clearly document that fact, whether the label is required by law or not.

(7) Where a supplier’s labels or documents are printed or otherwise created using coloured labels, the colour of the supplier’s label or document shall be—

(a)yellow for forest reproductive material of the category “source-identified”;

(b)green for forest reproductive material of the category “selected”;

(c)pink for forest reproductive material of the category “qualified”; and

(d)blue for forest reproductive material of the category “tested”.

Textual Amendments

Seed testingE+W+S

[F3220.   The information required under regulation 19(2) shall be obtained from assessments using testing techniques which—

(a)are, so far as is practical in all the circumstances, internationally accepted techniques; and

(b)in the case of seeds to be tested in [F33a relevant territory], have been confirmed by [F34the appropriate authority] as internationally accepted techniques prior to the assessments taking place.]

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