- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (27/07/2007)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 30/06/2009
Point in time view as at 27/07/2007.
There are currently no known outstanding effects for the The Beet Seed (England) Regulations 2002 (revoked).
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1. These Regulations may be cited as the Beet Seed (England) Regulations 2002, shall extend to England and shall come into force on 31st January 2003.
2.—(1) In these Regulations—
[F1“the 2004 Commission Decision” means Commission Decision 2004/842/EC concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted;]
“the Act” means the Plant Varieties and Seeds Act 1964;
[F2“ Annex II.A(3) official certificate ” means an official certificate of the type specified in paragraph 3 of Part A of Annex II to the Third Country Equivalence Decision;]
“Annex IV(C) document” means an official document of the type specified in the second indented sub-paragraph of Article 22(2) of the Beet Seed Directive containing the particulars specified in paragraph C of Annex IV to the Directive;
“another member State” means an EEA State other than the United Kingdom;
[F3“approved seed certification authority” means an authority specified in column 2 of the table set out in Annex I to the Third Country Equivalence Decision;]
“authorised officer” means an officer authorised for the purposes of these Regulations by the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;
[F4“the Beet Seed Directive” means Council Directive 2002/54/EC on the marketing of beet seed as last amended by Council Directive 2004/117/EC;]
“blended seed lot” means a seed lot obtained by blending seed where the seed that goes into the blend is—
of the same variety;
has come from different sources; and
either—
has been officially certified;
has not been officially certified but has been harvested from a seed crop for which a field inspection report has been issued showing that the crop met the Directive crop conditions for the relevant category of seed; or
is made up of seed that has been officially certified and seed that has not but for which a field inspection report of the type specified in sub-paragraph (ii) has been issued;
“breeder”—
in relation to a variety that has not been entered in a National List or the Common Catalogue, includes any person lawfully multiplying (on his own account) seed bred by another, and
in relation to a variety that has been so entered, means the maintainer of the variety;
“breeder’s seed” means seed which has been produced by or under the responsibility of the breeder and that is intended for the production of pre-basic or basic seed;
“Common Catalogue” means the Common Catalogue of varieties of species of agricultural plants published in the Official Journal of the European Communities;
[F5“the Common Catalogue Directive” means Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species, as last amended by the Food and Feed Regulation;]
“component” means a component of a hybrid variety;
“control plot” means a plot sown with seed from an official sample of seed from a seed lot (whether the official sample of the seed submitted with a regulation 5 application in accordance with regulation 5(2) or another official sample of the seed);
[F6“the Deliberate Release Directive” means Council Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms, as last amended by Council Regulation (EC) No 1830/2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms;]
“Department of Agriculture and Rural Development” means the Department of Agriculture and Rural Development in Northern Ireland;
“Directive crop conditions” means the conditions laid down in Part A of Annex I to the Beet Seed Directive;
“Directive seed conditions” means the conditions laid down in Part B of Annex I to the Beet Seed Directive;
“the EC minimum percentage of germination” means the appropriate percentage of germination specified in column 2 of the table in paragraph 5 of Schedule 4;
[F7“EEA State” means –
a State which is a member of the Communities; and
Iceland, Liechtenstein and Norway;]
“entered seed lot” means a seed lot in respect of which an application has been made under regulation 5 in accordance with regulation 5(2)(a), (b)(i) and (c);
[F8“equivalent third country” means F9..., Chile, Croatia, New Zealand, F9..., Serbia and Montenegro, Turkey and the United States of America;]
“fodder beet” means fodder beet of the species Beta vulgaris L.;
[F10“the Food and Feed Regulation” means Council Regulation (EC) No 1829/2003 on genetically modified food and feed;]
[F11“genetically modified” has the same meaning as for the purposes of the Deliberate Release Directive;]
“germination condition” means the condition in paragraph 5 of Schedule 4;
“homogeneous seed lot” means a seed lot that has been subject to appropriate mixing and blending techniques so that the seed in the lot is as uniform as practicable;
“ISTA” means the International Seed Testing Association;
“late entered seed lot” means a seed lot in respect of which an application has been made under regulation 5(1) in accordance with regulation 5(2)(a), (b)(ii) and (c);
“licensed crop inspector” means a person who has been granted a licence under regulation 11 of the Seed (Registration, Licensing and Enforcement)(England) Regulations 2002(1) or by the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development under provisions equivalent to that regulation;
“licensed EC crop inspector” means a person authorised by a competent seed certification authority in another member State, pursuant to [F12Article 2(3)A(a)(iii)] of the Beet Seed Directive, to carry out field inspections of crops in that member State;
[F13“licensed EC seed testing station” means a seed testing laboratory authorised by the competent seed certification authority in another member State, pursuant to Article 2(3)B(a) of the Beet Seed Directive, to carry out seed testing in that member State;]
“licensed seed sampler” means a person who has been granted a licence under regulation 18 of the Seed (Registration, Licensing and Enforcement)(England) Regulations 2002 or by the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development under provisions equivalent to that regulation;
“licensed seed testing station” means a laboratory in respect of which a licence has been granted under regulation 25 of the Seed (Registration, Licensing and Enforcement)(England) Regulations 2002 or by the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development under provisions equivalent to that regulation;
“licensed third country crop inspector” means a person authorised by an approved seed certification authority in an equivalent third country, pursuant to Rule 6(2)(3) of, and Appendix 8 to, the OECD Beet Seed Scheme, to carry out field inspections of crops in that country;
[F14“licensed third country seed testing station” means a seed testing laboratory authorised by the approved seed certification authority in an equivalent third country, pursuant to Rule 6(4)(2)(3) of, and Appendix 8B to, the OECD Beet Seed Scheme, to carry out seed testing in that country;]
“listed variety” means a plant variety that is entered in a National List or the Common Catalogue;
“listing” means the entry of a variety on a National List or the Common Catalogue and “listed” shall be construed accordingly;
“maintainer” means a person who is indicated in a National List or in the Common Catalogue as responsible for maintaining a plant variety in accordance with the characteristics to which regard was had when the plant variety was entered in the List or the Common Catalogue;
“marketing extension” means an extension granted by the Secretary of State, the Scottish Ministers, the National Assembly for Wales, the Department of Agriculture and Rural Development or the competent seed certification authority in another member State pursuant to Article 15 of the Common Catalogue Directive allowing an extended period for the certification and marketing of seed of a variety that has been deleted from its catalogue and the Common Catalogue;
[F15“member State” means, in addition to a State which is a member of the Communities, any other EEA State and Switzerland;]
“monogerm seed” means genetically monogerm seed;
“a National List” means a list of varieties of sugar beet or fodder beet for the time being published in accordance with the Seeds (National Lists of Varieties) Regulations 2001(2);
“OECD” means the Organisation for Economic Co-operation and Development;
“OECD Beet Seed Scheme” means the OECD Scheme for the varietal certification of sugar beet and fodder beet moving in international trade in Annex IX to the OECD Decision;
“OECD Certificate” means a certificate issued by or on behalf of an approved seed certification authority in an equivalent third country under the OECD Beet Seed Scheme;
[F16“OECD Decision” means the Decision of the OECD Council revising the OECD Schemes for Varietal Certification or the Control of Seed Moving in International Trade as last amended by OECD Council Decision C(2005)38;]
“OECD List” means the OECD List of Varieties Eligible for Certification;
“official label” means a label issued or authorised by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;
“official measures” includes—
the disposal and determination, where applicable, of applications made in accordance with regulation 5, 7, 8, 9, 10, 11, 12, 17 and 18, including the growing and assessment of control plots and the carrying out of field inspections and seed testing in connection with the disposal and determination of such applications; and
the receipt and acknowledgement of notifications given under regulation 6,
“official sample” means a sample of seed taken from a seed lot in accordance with regulation 20 and “official sampling” shall be construed accordingly;
“official UK field inspection” means a field inspection carried out by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;
“official UK seed test” means a seed test carried out by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;
F17...
“precision seed” means seed designed for use in precision drills and to produce single seedlings;
“previously listed variety” means a plant variety that was previously entered in —
a National List or, in the case of another member State, the catalogue maintained by that State pursuant to Article 3 of the Common Catalogue Directive, and
the Common Catalogue,
but which has been removed from both of them;
“registered person” means a person registered under regulation 5 of the Seed (Registration, Licensing and Enforcement)(England) Regulations 2002 as a person who may engage in a relevant seed industry activity;
“regulation 17 authorisation” means an authorisation granted in accordance with regulation 17;
“regulation 18 authorisation” means an authorisation granted in accordance with regulation 18;
“Schedule 4 germination test” means a test to determine whether the seed being tested attains the percentage of germination specified in column 2 of the table in paragraph 5 of Schedule 4;
“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;
“seed industry activity” has the same meaning as in regulation 2 of the Seed (Registration, Licensing and Enforcement)(England) Regulations 2002;
“seed lot” means an identifiable consignment of seeds of a weight that does not exceed the weight specified in Part I of Schedule 7 by more than 5% and that bears a unique seed lot reference number, and includes a blended seed lot and a seed lot that contains seed from different crops of the same variety grown on the same holding and combined on the grower’s holding prior to processing;
“seed that has been subject to satisfactory official post-control” means seed from a seed lot for which a control plot has been sown by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and which has produced plants which have been examined by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, as the case may be, and has been found, having regard to—
the conditions laid down in—
paragraphs 2, 3 and 10 of Schedule 3, and
paragraphs 1 and 12 of Schedule 4, and
the category of the seed to be produced,
to be satisfactory seed from which to produce that category of seed;
“small EC package”, in relation to a package of officially certified basic or CS seed, means a package of seed containing—
in the case of monogerm or precision seed, not more than 100,000 clusters or grains or a net weight of not more than 2.5 kilograms, and
in the case of other seed, not more than a net weight of 10 kilograms,
excluding (where appropriate) granulated pesticides, pelleting substances or other solid additives;
“sugar beet” means sugar beet of the species Beta vulgaris L.;
[F18“test and trial seed” means seed which is the subject of a regulation 18 authorisation;]
“third country” means a country other than a member State;
[F19“the Third Country Equivalence Decision” means Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries;]
“a UK field inspection carried out under official supervision” means an examination of a crop carried out under official supervision by a licensed crop inspector;
“a UK seed test carried out under official supervision” means a seed test carried out under official supervision by a licensed seed testing laboratory;
“unlisted variety” means a variety that is not a listed variety; and
“whenever carried out”—
in relation to an official UK field inspection of a crop being grown to produce seed of a listed variety or a component of a listed hybrid variety, means an inspection carried out before or after the listing of the variety or hybrid variety;
in relation to an official UK field inspection of a crop being grown to produce seed of a previously listed variety or a component of a previously listed hybrid variety, means an inspection carried out while the variety or hybrid variety was listed or after it became unlisted;
in relation to an official UK seed test or a UK seed test carried out under official supervision of seed of a listed variety or a component of a listed hybrid variety, means a test carried out before or after the listing of the variety or hybrid variety; and
in relation to an official UK seed test or a UK seed test carried out under official supervision of seed of a previously listed variety or a component of a previously listed hybrid variety, means a test carried out while the variety or hybrid variety was listed or after it became unlisted.
(2) All applications, approvals, authorisations, notices, notifications and statements to which these Regulations apply shall be made in writing.
(3) “Writing” in paragraph (2) shall include an electronic communication within the meaning of the Electronic Communications Act 2000(3) provided that—
(a)any document of the type referred to in paragraph (2) shall only be sent to the Secretary of State by an electronic communication if the Secretary of State has represented that electronic communication is a means by which persons can send such a document to her, and
(b)notifications required to be made by the Secretary of State to any person shall only be made by an electronic communication if the intended recipient has himself used the same form of electronic communication in communicating with the Secretary of State for the purpose of these Regulations or has otherwise represented that that form of electronic communication is a means by which the Secretary of State can communicate with him.
(4) Expressions in these Regulations which are not defined in this regulation or elsewhere in these Regulations or in a Schedule to these Regulations and which appear in the Beet Seed Directive have the same meaning in these Regulations as they have in that Directive.
(5) Schedule 1, which contains definitions of pre-basic seed and similar expressions, basic seed and similar expressions, CS seed and similar expressions and expressions relating to imported not finally certified seed, shall apply to the interpretation of these Regulations.
Textual Amendments
F1Words in reg. 2(1) inserted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(2)(a)
F2Words in reg. 2(1) inserted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(2)(a)
F3Words in reg. 2(1) substituted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(2)(b)
F4Words in reg. 2(1) substituted (26.10.2005) by The Beet Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2671), regs. 1, 2(2)(a)
F5Words in reg. 2(1) substituted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(2)(d)
F6Words in reg. 2(1) inserted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(2)(e)
F7Words in reg. 2(1) substituted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(2)(f)
F8Words in reg. 2(1) substituted (26.10.2005) by The Beet Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2671), regs. 1, 2(2)(b)
F9Words in reg. 2(1) omitted (27.7.2007) by virtue of The Seed (Miscellaneous Amendments) (England) Regulations 2007 (S.I. 2007/1872), regs. 1, 2(2)(a)
F10Words in reg. 2(1) inserted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(2)(h)
F11Words in reg. 2(1) substituted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(2)(i)
F12Words in reg. 2(1) substituted (26.10.2005) by The Beet Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2671), regs. 1, 2(2)(c)
F13Words in reg. 2(1) substituted (26.10.2005) by The Beet Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2671), regs. 1, 2(2)(d)
F14Words in reg. 2(1) substituted (26.10.2005) by The Beet Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2671), regs. 1, 2(2)(e)
F15Words in reg. 2(1) substituted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(2)(j)
F16Words in reg. 2(1) substituted (26.10.2005) by The Beet Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2671), regs. 1, 2(2)(f)
F17Words in reg. 2(1) deleted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(2)(k)
F18Words in reg. 2(1) inserted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(2)(b)
F19Words in reg. 2(1) substituted (27.7.2007) by The Seed (Miscellaneous Amendments) (England) Regulations 2007 (S.I. 2007/1872), regs. 1, 2(2)(b)
3.—(1) Subject to paragraph (2), in these Regulations “marketing” means—
(a)selling, holding with a view to sale or offering for sale, or
(b)any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,
whether or not for consideration, and “market” and “marketed” shall be construed accordingly.
(2) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations—
(a)the supply of seed to official testing and inspection bodies, and
(b)the supply of seed to a person who provides processing or packaging services but who does not thereby acquire title to the seed supplied,
shall not be regarded as marketing of seed of that variety.
4.—(1) Subject to paragraph (2), these Regulations apply to seed of the species specified in Schedule 2.
(2) These Regulations shall not apply to seed that is intended for export to a third country.
5.—(1) Subject to paragraph (2), an application to enter a seed lot from which it is intended that a crop is to be produced from which pre-basic, basic or CS seed is to be harvested may be made to the Secretary of State by a registered person.
(2) An application made under this regulation—
(a)shall be made in such form and manner as the Secretary of State may require;
(b)shall be made—
(i)at such time as the Secretary of State may require, or
(ii)in the case of an application to enter a seed lot made after that time, at such time as the Secretary of State may otherwise allow; and
(c)shall be accompanied—
(i)unless otherwise agreed by the Secretary of State, by an official sample of seed from the seed lot that is identified by the reference number of the seed lot from which it was taken, and
(ii)by such information and other documents as the Secretary of State may require, including, if required, a copy of a qualifying seed test report relating to the seed lot.
(3) At an appropriate time following the receipt of an application made under this regulation, the Secretary of State may sow a control plot with seed taken from an official sample of seed taken from the seed lot (whether the official sample submitted in accordance with paragraph (2)(c)(i) or another official sample of seed taken from the seed lot).
(4) In this regulation—
“appropriate time” means a time during the period when seed of the relevant species is usually sown, and
“qualifying seed test report” means—
a seed test report issued in accordance with regulation 10(8), (9), (10) or (11), or
in a case where an official sample taken from the seed lot has been found to meet the conditions for the category of seed for which it was tested under regulation 10(6)(b), a seed test report issued in accordance with regulation 10(12)(b).
6.—(1) A registered person who has sown seed from an entered or late entered seed lot from which it is intended to produce a crop from which pre-basic, basic or CS seed is to be harvested shall notify the Secretary of State that he has sown the seed.
(2) A notification given under this regulation—
(a)shall be given in such form and manner as the Secretary of State may require;
(b)shall be given within such time as the Secretary of State may require;
(c)shall specify the reference number of the seed lot from which the sown seed has been taken; and
(d)shall be accompanied by such information and other documents as the Secretary of State may require.
(3) Subject to paragraph (4), the Secretary of State shall acknowledge receipt of a notification given under this regulation.
(4) Subject to paragraph (5), unless specifically requested to do so by the applicant, the Secretary of State shall not individually acknowledge the receipt of each notification given under this regulation that she receives but shall periodically provide the applicant with a list of those crops for which she has received such a notification from him.
(5) Where the Secretary of State has previously provided the applicant with a list of those crops for which she has received a notification under this regulation from him, any subsequent list periodically provided to the applicant under paragraph (4) shall list only those crops in respect of which the Secretary of State has received a notification under this regulation from him since last providing the applicant with the last such list.
7.—(1) Subject to paragraph (2), an application may be made to the Secretary of State by a registered person for the field inspection of—
(a)a crop being produced in England from an entered or late entered seed lot from which it is intended that pre-basic seed is to be harvested (“a regulation 7(1)(a) crop”);
(b)a crop being produced in England from an entered or late entered seed lot from which it is intended that basic seed is to be harvested (“a regulation 7(1)(b) crop”);
(c)a crop being produced in England from a late entered seed lot from which it is intended that CS seed is to be harvested (“a regulation 7(1)(c) crop”); or
(d)a crop being produced in England from an entered seed lot from which it is intended that CS seed is to be harvested of a variety that is not listed but for which an outstanding application for listing has been made (“a regulation 7(1)(d) crop”).
(2) An application made under paragraph (1) shall not be made in respect of a regulation 7(1)(a), (b) or (c) crop to produce seed of a variety, or hybrid variety, that is not listed, or seed of a component of a hybrid variety that is not listed, unless—-
(a)an application for the listing of the variety or the hybrid variety has been made which has not been withdrawn or finally determined; or
(b)a marketing extension is in force in respect of the variety or hybrid variety.
(3) Subject to paragraph (4), an application for the field inspection of a crop being produced in England from an entered seed lot from which it is intended that CS seed is to be harvested (“a regulation 7(3) crop”) may be made to a licensed crop inspector by a registered person.
(4) An application under paragraph (3) shall not be made—
(a)in respect of a crop to produce seed of a variety or hybrid variety that is not listed unless a marketing extension is in force in respect of the variety or hybrid variety, and
(b)except in respect of a crop that is being produced from—
(i)seed that has been subject to satisfactory official post control, or
(ii)seed that is subject to official post control and for which a determination as to whether the seed is satisfactory seed from which to produce CS seed is awaited.
(5) If required by the Secretary of State, an application made under paragraph (3) shall be considered by her instead of by a licensed crop inspector.
(6) If permitted by the Secretary of State, an application made under paragraph (3) may be made to her instead of to a licensed crop inspector.
(7) An application made under paragraph (1) or (3) shall be made in such form and manner and at such time as the Secretary of State may require and shall be accompanied by such information, material, records, illustrations and other documents as she may require.
(8) Following the receipt of an application made under paragraph (1) or (3), the Secretary of State (in the case of an application made under paragraph (1) or an application made under paragraph (3) that is being considered by her under paragraph (5) or has been made to her under paragraph (6)), or the licensed crop inspector to whom an application has been made under paragraph (3) (as the case may be) shall inspect the crop in accordance with the relevant provisions of paragraph 9 of Schedule 3 to determine—
(a)whether the crop meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the category of seed intended to be harvested, and
(b)unless requested not to do so by the applicant, whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any other category of seed to which paragraph (17) applies.
(9) Subject to paragraph (13), where in the case of an application made to the Secretary of State under paragraph (1) or an application made under paragraph (3) that is being considered by her under paragraph (5) or has been made to her under paragraph (6), the inspected crop is found to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of—
(a)the category of seed intended to be harvested, and
(b)where applicable, any other category of seed to which paragraph (17) applies,
the Secretary of State shall issue a field inspection report (which she shall retain as a lodged report unless instructed not to do so by the applicant) stating (by reference to the relevant category or categories) that the crop has been found to meet those conditions and shall send the report, or (in a case where the original report is to be retained as a lodged report by the Secretary of State) a copy of the report, to the applicant.
(10) Where in the case of an application made to a licensed crop inspector under paragraph (3) the inspected crop is found to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of CS seed, the licensed crop inspector shall issue a field inspection report to the applicant stating that the crop has been found to meet those conditions.
(11) Subject to paragraph (13), where in the case of an application made to the Secretary of State under paragraph (1) or an application made under paragraph (3) that is being considered by her under paragraph (5) or has been made to her under paragraph (6), the inspected crop is found not to satisfy the conditions laid down in Schedule 3 or Part I of Schedule 4 for the production of the category of seed intended to be harvested, the Secretary of State shall issue a field inspection report (which she shall retain as a lodged report unless instructed not to do so by the applicant)—
(a)stating that the crop has been found not to meet those conditions, and
(b)in a case where the crop has been inspected to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any other category of seed to which paragraph (17) applies, stating the conditions (by reference to the relevant category or categories), if any, met by the crop,
and shall send the report, or (in a case where the original report is to be retained as a lodged report by the Secretary of State) a copy of the report, to the applicant.
(12) Where in the case of an application made to a licensed crop inspector under paragraph (3) the inspected crop is found not to satisfy the conditions laid down in Schedule 3 or Part I of Schedule 4 for the production of CS seed, the licensed crop inspector shall issue a field inspection report to the applicant stating that the crop has been found not to meet those conditions.
(13) Where—
(a)an application has been made to the Secretary of State under paragraph (1), or an application has been made under paragraph (3) that is being considered by her under paragraph (5) or has been made to her under paragraph (6), in respect of a crop produced from seed which was taken from a seed lot for which a control plot has been sown, and
(b)the results of the examination of the control plot show that the plants produced in the plot do not meet the conditions laid down in Schedule 3 or Part I or III of Schedule 4 for the production of the category of seed intended to be harvested,
the Secretary of State may take account of the results of that examination when carrying out an inspection of the crop to which the paragraph (1) or (3) application relates and in determining whether she should issue a field inspection report under paragraph (9) or (11).
(14) Where paragraph (15) applies, the Secretary of State may carry out her own examination of—
(i)a crop to which an application made under paragraph (3) relates;
(ii)any other crops that are being produced from seed that has been taken from the same seed lot and in respect of which an application has been made under paragraph (3); or
(iii)both the crops referred to in paragraphs (i) and (ii).
(15) This paragraph applies where—
(a)an application has been made to a licensed crop inspector under paragraph (3) in respect of seed that is subject to official post-control;
(b)the plants produced in the control plot being used for the purpose of the official post control have been examined by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development; and
(c)it has been determined by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, having regard to the conditions laid down in paragraphs 2 and 3 of Schedule 3, and paragraph 1 of Schedule 4, that the plants produced in the control plot are not satisfactory plants from which to harvest CS seed.
(16) Where the Secretary of State has carried out an examination of the crop referred to in paragraph (14)(i) or the crops referred to in paragraph (14)(ii), or has carried out an examination of both the crop referred to in paragraph (14)(i) and the crops referred to in paragraph (14)(ii), she shall inform the applicant whether she is satisfied that the seed used to produce the crop to which his application relates was satisfactory seed to be used for the production of CS seed, and, if the Secretary of State is satisfied that this is the case, the seed used to produce the crop, and seed from the same seed lot, shall be treated as being seed that has been subject to satisfactory official post control for the production of CS seed.
(17) This paragraph applies to the following categories of seed—
(a)in the case of an application made under paragraph (1) relating to a crop that has been produced from breeder’s seed or officially certified pre-basic seed and from which it is intended to harvest pre-basic seed, to the category of basic seed, and
(b)in the case of an application made under paragraph (1) relating to a crop produced from breeder’s seed or officially certified pre-basic seed and from which it is intended to harvest basic seed other than a component of a hybrid, to the category of pre-basic seed.
(18) In this regulation “seed that is subject to official post control” means seed from a seed lot for which a control plot has been sown by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development to produce plants which are to be, or have been, examined by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, as the case may be, to determine whether, having regard to the conditions laid down in—
(a)paragraphs 2, 3 and 10 of Schedule 3, and
(b)paragraphs 1 and 12 of Schedule 4,
the plants produced in the plot indicate that the corresponding plants in the field are satisfactory plants from which to harvest CS seed.
8.—(1) Subject to paragraphs (2) and (3), an application to lodge a copy of a document to which paragraph (2) applies may be made to the Secretary of State by a registered person.
(2) This paragraph applies—
(a)in relation to a crop produced in England, to a field inspection report issued under regulation 7(9), (10), (11) or (12);
(b)in relation to a crop produced in the United Kingdom elsewhere than in England, to a report relating to the crop equivalent to that specified in sub-paragraph (a) issued—
(i)by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, or
(ii)by a licensed crop inspector;
(c)in relation to a crop produced in another member State, to an Annex IV(C) document relating to the crop issued by or on behalf of the competent seed certification authority in the member State; and
(d)in relation to a crop produced in an equivalent third country, to [F20an Annex II.A(3) official certificate] relating to the crop issued by the approved seed certification authority in that country.
(3) An application made under this regulation—
(a)shall be made in such form and manner as the Secretary of State may require;
(b)shall be made within such time as the Secretary of State may require but, unless otherwise permitted by the Secretary of State, shall be made not later than the time when any seed test report relating to the seed harvested from the crop is lodged with the Secretary of State under regulation 11;
(c)shall, subject to paragraph (4), be accompanied—
(i)in relation to a crop produced in England, by a copy of the document referred to in paragraph (2)(a);
(ii)in relation to a crop produced in the United Kingdom elsewhere than in England, by a copy of the document referred to in paragraph (2)(b) except that this need not be provided in a case where confirmation that the crop meets the conditions for the production of the appropriate category of seed has already been provided to the Secretary of State by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development (as the case may be);
(iii)in relation to a crop produced in another member State, by a copy of the document referred to in paragraph (2)(c);
(iv)in relation to a crop produced in an equivalent third country, by a copy of the document referred to in paragraph (2)(d); and
(v)by such other information and documents as the Secretary of State may require.
(4) The Secretary of State may permit, subject to any conditions that she may impose, an application made under this regulation relating to a crop for which the applicant previously made an application under regulation 7(3) to be accompanied by the following document instead of the field inspection report issued under regulation 7(10) or (12), namely a document relating to the crop (whether relating to that crop alone or relating to other crops in respect of which an application has been made by the applicant under regulation 7(3))—
(a)that states, by reference to the relevant category, the conditions met by that crop;
(b)that identifies the licensed crop inspector or inspectors who inspected the crop;
(c)that states that during a period of three years from the date of issue of the field inspection report, the original report will be produced to the Secretary of State on demand and that a copy of the report will be made available to her on request during that period; and
(d)that contains such other information as the Secretary of State may require.
(5) Where a document of the type specified in paragraph (4) accompanies an application made under this regulation instead of a field inspection report, the applicant shall produce the field inspection report referred to in paragraph (3) to the Secretary of State on demand during the period of three years from the date of the issue of the field inspection report and shall make a copy of the report available to her on request during that period.
Textual Amendments
F20Words in reg. 8(2)(d) substituted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(3)
9.—(1) An application to re-grade—
(a)a crop for the production of seed of the category specified in entry 1 or 2 in column 1 of the following table as a crop for the production of seed of the category specified in the corresponding entry in column 2 of the table (“the new category”), or
(b)a crop for the production of seed of the category specified in entry 3 in column 1 of the following table as a crop for the production of seed of either of the categories specified in the corresponding entry in column 2 of the table (“the new category”),
may be made to the Secretary of State by a registered person—
Column (1) | Column (2) |
---|---|
1. Pre-basic seedU.K. | Basic seed |
2. Basic seedU.K. | Pre-basic seed |
3. CS seedU.K. | Pre-basic seed Basic seed |
(2) An application made under this regulation shall be made in such form and manner and at such time as the Secretary of State 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 her, and
(b)such other information as the Secretary of State may require for the purpose of determining the application.
(3) Where an application under this regulation has been made in respect of a crop that has not been harvested the Secretary of State shall carry out a field inspection of the crop to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed if—
(a)the previous field inspection report issued in respect of the crop was not issued by her, and
(b)the condition and stage of development of the crop permit an adequate examination.
(4) If the Secretary of State—
(a)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));
(b)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
(c)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 I of Schedule 4 for the production of the new category of seed;
she 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 paragraph (c) and that his application to re-grade the crop has been successful.
(5) If the Secretary of State is satisfied that the conditions specified in paragraph (4) have not been met she shall notify the applicant that his application to re-grade the crop has been unsuccessful.
10.—(1) Subject to paragraphs (2), (3) and (4), an application may be made to a licensed seed testing station by a registered person for the testing of an official sample of a qualifying seed lot of—
(a)seed as pre-basic seed (“a regulation 10(1)(a) seed lot”);
(b)seed as basic seed (“a regulation 10(1)(b) seed lot”); or
(c)seed as CS seed (“a regulation 10(1)(c) seed lot”).
(2) An application made under this regulation shall not be made in respect of seed of a variety that is not listed, or seed of a component of a hybrid variety that is not listed, unless—
(a)an application for listing of the variety, or hybrid variety, has been made which has not been withdrawn or finally determined, or
(b)a marketing extension is in force in respect of the variety or hybrid variety.
(3) An application made under this regulation may be considered by the Secretary of State instead of a licensed seed testing station.
(4) If permitted by the Secretary of State, an application made under this regulation may be made to her instead of a licensed seed testing station.
(5) An application made under this regulation—
(a)shall be made in such form and manner and at such time as the Secretary of State may require, and
(b)shall be accompanied by an official sample of the seed to be tested and such other information, material, seeds, records, illustrations and other documents as the Secretary of State may require.
(6) Following the receipt of an application made under this regulation the licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies) shall, subject to paragraph (7), test seed taken from the official sample provided under paragraph (5)(b) to determine whether it meets the conditions laid down in Part II of Schedule 4—
(a)for the category of seed for which the application is being made, and
(b)unless requested not to do so by the applicant, for any other category of seed to which paragraph (14) applies.
(7) Where a seed test report has previously been issued by a licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies) in accordance with paragraph (8)(a), (9), (10), (11) or (12) in respect of a seed lot, the licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies) may decide not to test any further official sample of that seed lot for the purposes of paragraph (6) if the information contained in the previously issued report contains sufficient information to enable it (or her) to determine that the official sample would meet the conditions laid down in Part II of Schedule 4 —
(a)for the appropriate category of seed, and
(b)where applicable, for any other category of seed to which paragraph (14) applies.
(8) Subject to paragraph (13), where—
(a)the official sample is found to satisfy the conditions laid down in Part II of Schedule 4 for—
(i)the appropriate category of seed, and
(ii)where applicable, for any other category of seed to which paragraph (14) applies, or
(b)the provisions of paragraph (7) apply,
the licensed seed testing station (or the Secretary of State where paragraph (3) or (4) applies) shall issue a seed test report to the applicant stating (by reference to the relevant category or categories of seed) that the seed lot has been found to meet those conditions.
(9) Subject to paragraph (13), where it has been determined, by way of a Schedule 4 germination test, that the official sample taken from a regulation 10(1)(a) or (b) seed lot will not meet the applicable germination condition but the sample is found to satisfy all the other conditions laid down in Part II of Schedule 4 for the appropriate category of seed, the licensed seed testing station (or the Secretary of State where paragraph (3) or (4) applies), shall issue a seed test report to the applicant containing a statement to that effect.
(10) Where (otherwise than in connection with a retest of the seed) the results of a Schedule 4 germination test of an official sample of a seed lot referred to in paragraph (1) are awaited, and, except for the result of that test, the official sample has otherwise been found to meet all the other conditions laid down in Part II of Schedule 4—
(a)for the appropriate category of seed, and
(b)where applicable, for any other category of seed to which paragraph (14) applies,
the licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies), shall, subject to paragraph (13), issue an interim seed test report to the applicant stating that the results of the Schedule 4 germination test for the official sample are awaited but that it has otherwise been found to meet all the other conditions laid down in Part II of Schedule 4 for the appropriate category of seed, and, where applicable, for any relevant category of seed to which paragraph (14) applies.
(11) Where, following the issue of an interim seed test report under paragraph (10), the tested seed is found to meet the applicable germination condition, the licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies), shall, subject to paragraph (13), issue a seed test report to the applicant stating that the official sample has been found to meet the conditions laid down in Part II of Schedule 4 for the appropriate category of seed, and, where applicable, for any other category of seed to which paragraph (14) applies.
(12) Subject to paragraphs (9) and (10), where an official sample of a seed lot referred to in paragraph (1) is found not to satisfy the conditions laid down in Part II of Schedule 4 for the appropriate category of seed, the licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies) shall issue and send to the applicant a seed test report—
(a)stating that the official sample has been found not to meet those conditions, and
(b)subject to paragraph (13), in a case where the seed has been tested to determine whether it meets the conditions laid down in Part II of Schedule 4 for any other category of seed to which paragraph (14) applies, stating (by reference to the relevant category) whether the seed has been found to meet the conditions for any such category.
(13) If it appears to the Secretary of State that an official sample of the seed lot taken for the purpose of a test in order to ascertain whether it met the appropriate conditions laid down in Part II of Schedule 4 was not taken in accordance with the requirements of regulation 20 the Secretary of State may—
(a)in a case where paragraph (3) or (4) applies, refuse to issue a seed test report in accordance with paragraph (8), (9), (10), (11) or (12)(b), and, in such a case, shall notify the applicant of her decision and the reason for it, or
(b)in a case where paragraph (3) or (4) does not apply, direct the licensed seed testing station to refuse to issue a seed test report in accordance with those paragraphs and the licensed seed testing station shall comply with that direction and shall notify the applicant of the reason for its refusal to issue the report.
(14) This paragraph applies to the following categories of seed—
(a)in the case of an application made under this regulation relating to a regulation 10(1)(a) seed lot, to the category of basic seed, and
(b)in the case of an application made under this regulation relating to a regulation 10(1)(b) seed lot, other than a component of a hybrid variety, to the category of pre-basic seed.
(15) In this regulation “qualifying seed lot” means a seed lot—
(a)containing seed harvested from a crop produced in England for which a field inspection report has been issued in accordance with—
(i)regulation 7(9);
(ii)regulation 7(10); or
(iii)regulation 7(11) in a case where the crop has been found to meet the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any category of seed referred to in regulation 7(11)(b);
(b)containing seed harvested from a crop produced in the United Kingdom elsewhere than in England—
(i)in respect of which the Secretary of State has received confirmation of crop approval by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development (as the case may be) that the crop meets conditions equivalent to those laid down in Schedule 3 and Part I of Schedule 4, or
(ii)for which a copy of the field inspection report relating to the crop has been lodged with the Secretary of State in accordance with regulation 8; or
(c)imported into the United Kingdom as—
(i)not finally certified pre-basic, basic or CS seed harvested in another member State and for which the Annex IV(C) document relating to the crop from which the seed in the seed lot was harvested has been lodged with the Secretary of State in accordance with regulation 8, or
(ii)not finally certified CS seed harvested in an equivalent third country and for which [F21the Annex II.A(3) official certificate] relating to the crop from which the seed in the seed lot was harvested has been lodged with the Secretary of State in accordance with regulation 8.
Textual Amendments
F21Words in reg. 10(15)(c)(ii) substituted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(4)
11.—(1) A registered person to whom a final seed test report has been sent shall lodge the report with the Secretary of State —
(a)except in relation to seed to which sub-paragraph (b) applies, within one month of the report being issued [F22or within such other time as the Secretary of State may otherwise allow] ; and
(b)in a case where the seed to which the final seed test report relates -
(i)is of a variety that is not listed, or
(ii)is a component of a hybrid variety that is not listed,
within one month of the date on which the variety or hybrid variety (as the case may be) is listed [F23or within such other time as the Secretary of State may otherwise allow] .
(2) An application to lodge a final seed test report—
(a)shall be made in such form and manner as the Secretary of State may require, and
(b)shall be accompanied by the final seed test report and such other information and documents as the Secretary of State may require.
(3) Subject to paragraph (4), the Secretary of State shall acknowledge receipt of each final seed test report lodged with her.
(4) Subject to paragraph (5), unless specifically requested to do so by the applicant, the Secretary of State shall not individually acknowledge the receipt of each final seed test report lodged with her by the applicant but shall periodically provide the applicant with a list of those seed lots for which the applicant has lodged a final seed test report with her.
(5) Where the Secretary of State has previously provided the applicant with a seed test report list, the list periodically provided to the applicant under paragraph (4) shall list only those seed lots for which the applicant has lodged a final seed test report with her during the period since she last provided the applicant with a seed test report list.
(6) In this regulation “final seed test report” means a seed test report issued in accordance with regulation 10(8), (9), (11) or (12).
Textual Amendments
F22Words in reg. 11(1)(a) inserted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(5)(a)
F23Words in reg. 11(1)(b) added (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(5)(b)
12.—(1) An application to re-grade—
(a)seed of the type specified in entry 1, 2, 3 or 4 in column 1 of the table in Schedule 5 as seed of the type specified in the corresponding entry in column 2 of the table (“the new category”), or
(b)seed of the type specified in entry 5 in column 1 of the table in Schedule 5 as seed of either of the types specified in the corresponding entry in column 2 of the table (“the new category”),
may be made to the Secretary of State 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 Secretary of State shall require and, if required by the Secretary of State, shall be accompanied by—
(a)an official sample of the seed to which the application relates;
(b)an application made under regulation 10 for the testing of an official sample of the seed lot; and
(c)such other information and other documents as the Secretary of State may require for the purpose of determining the application.
(3) The Secretary of State may test, or arrange for a licensed seed testing station to test, seed from an official sample of a seed lot in respect of which an application has been made under this regulation to determine whether it meets the conditions laid down in Part II of Schedule 4 for the new category of seed.
(4) Where—
(a)the Secretary of State is satisfied that the seed has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety;
(b)in a case where the seed was harvested from a crop produced in England, the Secretary of State carried out a field inspection of the crop;
(c)in a case where the seed was harvested from a crop produced in the United Kingdom elsewhere than in England, a field inspection of the crop was carried out by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;
(d)in a case where the seed was harvested from a crop produced in another member State, a field inspection of the crop was carried out by or on behalf of the seed certification authority in the member State; and
(e)in a case where the seed was harvested from a crop produced in an equivalent third country, a field inspection of the crop was carried out by the approved seed certification authority in the third country;
(f)the Secretary of State is satisfied that the seed was harvested from a crop that met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed;
(g)in a case where the official sample referred to in paragraph (2) has been tested, it has been found to satisfy the conditions laid down in Part II of Schedule 4 for the new category of seed; and
(h)in a case where the official sample referred to in paragraph (2) has not been tested, the Secretary of State is satisfied on the basis of the information contained in a seed test report previously issued in respect of the lot—
(i)by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development or by a licensed seed testing station;
(ii)by or on behalf of the competent seed certification authority in another member State or by a licensed EC seed testing station in another member State; or
(iii)by the approved seed certification authority or by a licensed third country seed testing station in an equivalent third country,
that the seed in the lot satisfies the conditions laid down in Part II of Schedule 4 for the new category of seed,
the Secretary of State shall notify the applicant that his application to re-grade the seed lot has been successful.
(5) Where the Secretary of State is satisfied that the conditions specified in paragraph (4) have not been met she shall inform the applicant that his application to re-grade the seed lot has been unsuccessful.
13.—(1) The Secretary of State may withdraw the official certification in respect of a seed lot, or any part of a seed lot, if—
(a)the findings or results obtained from a sample of seed submitted or taken in connection with an application made under regulation 5, 10 or 12 relating to the seed lot, or from plants grown in a control plot that has been sown with seed from that sample, are to be disregarded in accordance with regulation 20(6);
(b)on the basis of information received by the Secretary of State she is satisfied that the crop from which the seed in the seed lot was harvested did not meet the conditions laid down in Schedule 3 or Part I of Schedule 4; or
(c)on the basis of information received by the Secretary of State she is satisfied that the seed in the lot, or part of the lot—
(i)did not meet the conditions laid down in Part II or III of Schedule 4 at the time the seed was tested for seed certification purposes, or
(ii)although it met the conditions of Part II of Schedule 4 at the time of such testing it no longer meets them.
(2) The Secretary of State may withdraw the official certification in respect of a seed lot, or any part of a seed lot, by giving notice to—
(a)the person who made an application under regulation 10 in respect of the seed lot, or
(b)any person marketing, or who has marketed, any of the seed.
(3) Where the official certification of a seed lot, or part of a seed lot, is withdrawn under this regulation, the Secretary of State may notify—
(a)the person who made an application under regulation 10 in respect of the seed lot,
(b)any person marketing, or who has marketed, any of the seed; and
(c)any person who has purchased, or been supplied with, any of the seed,
that the official certification in respect of the lot, or part of the lot (as the case may be), has been withdrawn.
(4) Where the official certification of a seed lot, or part of a seed lot, is withdrawn under this regulation, the person to whom notice is given under paragraph (2) shall, as soon as practicable, and in any case not later than seven days after receiving the notice, notify any person to whom he has sold or supplied any of the seed of such withdrawal.
(5) Any person who has purchased seed from a seed lot, or part of a seed lot, for which official certification has been withdrawn under this regulation (not being a person notified under paragraph (2)) shall notify any person to whom he has sold or supplied any of the seed of the withdrawal as soon as practicable after receiving notice of it—
(a)pursuant to paragraph (3), by the Secretary of State, or
(b)pursuant to paragraph (4), by the person who sold or supplied the seed to him,
and, in any case, not later than seven days after receiving such notice.
14.—(1) Subject to paragraph (2) and regulations 17 to 19, no person shall market any seed to which these Regulations apply except for seed listed in Schedule 6.
(2) Paragraph (1) shall not apply to the marketing of seed, as grown, for processing, provided that the identity of the seed is ensured.
(3) Any person marketing seed that has been imported from a third country and exceeds two kilograms shall supply the Secretary of State, in writing and within one month of the first marketing of the seed, with the following particulars relating to the seed—
(a)the species;
(b)the variety;
(c)the category;
(d)the country of production and the official inspection authority;
(e)the country of despatch;
(f)the importer; and
(g)the quantity of seed.
15. No person shall market officially certified pre-basic or basic seed that has been found by the competent seed certification authority that certified the seed not to satisfy the germination condition for such seed, or (regardless of the findings of the competent seed certification authority) the person marketing the seed knows does not satisfy that condition, unless—
(a)the official label contains a statement that the minimum percentage of germination of the seed is less than the EC minimum percentage of germination for the relevant category of seed;
(b)the person marketing the seed guarantees a specific minimum percentage of germination for the seed; and
(c)another label is attached to the outside of the package containing the seed specifying the specific minimum percentage of germination guaranteed by the person marketing the seed, his name and address and the reference number of the seed lot.
16.—(1) No person shall market officially certified early movement pre-basic or basic seed unless—
(a)he guarantees a minimum percentage of germination for the seed that is—
(i)the same as the EC minimum percentage of germination for the relevant species of seed and the same as or less than the percentage of germination for the seed ascertained by the provisional analysis on which the certification of the seed was based, or
(ii)less than the EC minimum percentage of germination for the relevant species of seed and the same as the percentage of germination ascertained by the provisional analysis on which the certification of the seed was based, and
(b)he provides the purchaser, upon or before delivery of the seed, with a statement—
(i)stating that the seeds are being marketed before the completion of the official germination test;
(ii)specifying the guaranteed minimum percentage of germination; and
(iii)specifying the name and address of the person marketing the seed and the reference number of the seed lot.
(2) No person shall market officially certified early movement CS seed unless—
(a)he guarantees a minimum percentage of germination for the seed that is—
(i)the same as the EC minimum percentage of germination for the relevant species of seed, and
(ii)the same as, or less than, the percentage of germination for the seed ascertained by the provisional analysis on which the certification of the seed was based, and
(b)he provides the purchaser, upon or before delivery of the seed, with a statement—
(i)stating that the seeds are being marketed before the completion of the official germination test;
(ii)specifying the guaranteed minimum percentage of germination; and
(iii)specifying the name and address of the person marketing the seed and the reference number of the seed lot.
(3) Where any person—
(a)markets seed in accordance with paragraph (1) or (2), and
(b)the official germination test shows that the percentage of germination of the seed is less than the minimum percentage of germination guaranteed in accordance with the requirements of paragraph (1)(a) or (2)(a) as the case may be,
he shall provide the purchaser with the result of the completed official germination test as soon as practicable and, in any event, not later than seven days after being informed of it.
17.—(1) The prohibition in regulation 14(1) shall not apply to the marketing by a producer of small quantities of seed for scientific purposes or selection work for which—
(a)an authorisation has been granted to the producer by the Secretary of State in accordance with this regulation, or
(b)an authorisation has been granted to the producer by or on behalf of—
(i)the Scottish Ministers;
(ii)the National Assembly for Wales;
(iii)the Department of Agriculture and Rural Development; or
(iv)a competent seed certification authority in another member State, pursuant to Article 6(1)(a) of the Beet Seed Directive.
(2) A producer in England may apply to the Secretary of State for a regulation 17 authorisation.
(3) An application made under this regulation shall be made in such form and manner and at such time as the Secretary of State shall require and shall be accompanied by such information as the Secretary of State may require for the purpose of determining whether to grant an authorisation.
[F24(4) The Secretary of State shall not grant a regulation 17 authorisation in respect of seed of a genetically modified variety unless an authorisation is in force in respect of the variety concerned under either—
(a)Part C of the Deliberate Release Directive; or
(b)the Food and Feed Regulation.]
(5) A regulation 17 authorisation may—
(a)specify the amount of seed that may be marketed under it, and
(b)impose such conditions as the Secretary of State may think necessary or desirable having regard to the nature of the scientific purpose or selection work involved and the nature of the seed to which the authorisation relates, including a condition relating to the keeping of records in respect of the marketing of the seed.
Textual Amendments
F24Reg. 17(4) substituted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(6)
18.—(1) The prohibition in regulation 14(1) shall not apply to the marketing by a producer of seed for test and trial purposes in accordance with—
(a)an authorisation which has been granted to the producer by the Secretary of State in accordance with this regulation; or
(b)an authorisation which has been granted to the producer by or on behalf of—
(i)the Scottish Ministers;
(ii)the National Assembly for Wales;
(iii)the Department of Agriculture and Rural Development; or
(iv)a competent seed certification authority in another member State,
in accordance with Article 2(1) of the 2004 Commission Decision.
(2) No producer shall market test and trial seed—
(a)except for the purposes of tests or trials carried out at agricultural enterprises to gather information on the cultivation or use of a variety of a beet species specified in Schedule 2;
(b)unless a field inspection report has been issued by the Secretary of State or by a licensed crop inspector stating that [F26the crop satisfies] the conditions for CS seed laid down in Schedule 3;
(c)unless a seed test report has been issued by the Secretary of State or by a licensed seed testing station stating that the seed satisfies the conditions for CS seed laid down in Schedule 4; or
(d)if such marketing would contravene a prohibition on the use of the variety published by the Secretary of State in the gazette that complies with Article 14 of the 2004 Commission Decision.
(3) A producer of seed established in England may apply to the Secretary of State for the grant or renewal of a regulation 18 authorisation.
(4) A regulation 18 authorisation granted by the Secretary of State shall last for a period of one year or such shorter period as the Secretary of State may specify.
(5) An application for authorisation or renewal of a regulation 18 authorisation shall be made in writing to the Secretary of State and shall be accompanied by such information as the Secretary of State may require.
(6) The Secretary of State shall not grant a regulation 18 authorisation unless he is satisfied that—
(a)the seed is of a variety for which an application has been made by the producer under regulation 4(1)(a) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a National List and which application has not been withdrawn or finally determined; and
(b)in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety under either—
(i)Part C of the Deliberate Release Directive; or
(ii)the Food and Feed Regulation.
(7) The Secretary of State shall not authorise marketing of an amount of seed in excess of that permitted by Article 7 of the 2004 Commission Decision.
(8) A regulation 18 authorisation may impose such conditions as the Secretary of State may think necessary or desirable having regard to the nature of the test or trial and the nature of the seed to which the authorisation relates.
(9) The Secretary of State may withdraw a regulation 18 authorisation where there is a breach of any condition referred to in paragraph (8).
(10) A regulation 18 authorisation shall cease to have effect where the application referred to in paragraph (6)(a) is withdrawn or rejected or the variety is entered in a National List or the Common Catalogue.
(11) The Secretary of State may require a producer to whom he has granted a regulation 18 authorisation to provide him with information about—
(a)the results of the tests and trials to which the authorisation relates; or
(b)the quantities of seed marketed during the authorised period and the name of the member State for which the seed was destined.
(12) A producer to whom a regulation 18 authorisation has been granted shall, within such period as is specified by the Secretary of State, lodge copies of the reports referred to in paragraphs (2)(b) and (c) with him.]
Textual Amendments
F25Reg. 18 substituted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(3)
F26Words in reg. 18(2)(b) substituted (27.7.2007) by The Seed (Miscellaneous Amendments) (England) Regulations 2007 (S.I. 2007/1872), regs. 1, 2(3)
19.—(1) The prohibition in regulation 14(1) shall not apply to the marketing of seed that is authorised by a general licence made by the Secretary of State under this regulation but in all other respects the provisions of these Regulations shall continue to apply in relation to the marketing of the seed.
(2) Subject to paragraph (3), the Secretary of State may, by a general licence, exempt any person or class of persons, or persons generally, from compliance with any provision of these Regulations.
(3) The Secretary of State shall not exercise the power to issue a general licence under paragraph (2) except—
(a)to the extent that the provisions of the general licence are permitted in accordance with a temporary experiment organised under Article 19 of the Beet Seed Directive;
(b)to give effect to the provisions of a Council Decision made under Article 23 of the Beet Seed Directive and amendments made to such a Decision; or
(c)to the extent that the provisions of the general licence are permitted in accordance with measures taken pursuant to Article 24 of the Beet Seed Directive.
(4) A general licence issued under paragraph (2)—
(a)shall have effect during the period specified in it unless the Secretary of State revokes it earlier, and
(b)may impose such conditions as the Secretary of State may think necessary or desirable having regard to the marketing permitted by the general licence and the nature of the seed to which it relates, including a condition relating to the keeping of records in respect of the marketing of the seed.
20.—(1) A sample of seeds taken in connection with a [F27regulation 5, 10, 12 or 18] application shall be drawn—
(a)by—
(i)an authorised officer, or
(ii)a licensed seed sampler acting under the supervision of the authority who appointed him;
(b)in accordance with the method laid down in Schedule 5 of the Seed (Registration, Licensing and Enforcement)(England) Regulations 2002(4); and
(c)from a homogeneous seed lot.
(2) Subject to paragraph (3), the maximum weight of a seed lot shall be that specified in Part I of Schedule 7.
(3) A seed lot may exceed the maximum weight for a seed lot set out in Part I of Schedule 7 by not more than 5%.
(4) The minimum weight of a sample shall be that specified in Part II of Schedule 7.
(5) The minimum weight of a sample for a moisture test shall be that specified in Part III of Schedule 7.
(6) If a sample of seeds submitted or taken in connection with a [F28regulation 5, 10, 12 or 18] application—
(a)is found not to have been taken in accordance with paragraph (1);
(b)is taken from a seed lot that does not comply with paragraph (2); or
(c)does not comply with paragraph (4) or (5),
no further use of that sample shall be made under these Regulations, and any findings or results already obtained from testing seed taken from that sample, or from inspecting plants grown in a control plot that has been sown with seed from that sample, shall be disregarded.
Textual Amendments
F27Words in reg. 20(1) substituted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(4)
F28Words in reg. 20(6) substituted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(4)
21.—(1) No person shall market any officially certified pre-basic, basic or CS seed unless it is marketed in a sufficiently homogeneous seed lot or in part of such a seed lot.
(2) Subject to paragraph (3), no person shall market any breeder’s seed or officially certified pre-basic, basic [F29, CS or test and trial seed] unless it is in a properly sealed package.
(3) [F30Except in relation to test and trial seed, paragraph (2)] shall not apply in the case of the marketing of seed not exceeding 2.5 kilograms in weight to the final consumer.
(4) In this regulation, in the case of breeder’s seed, “properly sealed package” means a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.
(5) In this regulation, in the case of a package of officially certified pre-basic, basic or CS seed, other than a small EC package of basic or CS seed, that has been sealed only once “properly sealed package” means—
(a)in the case of a package of seed sealed in England, a sealed package of seed that has been sealed—
(i)no later than at the time of official sampling;
(ii)by a person to whom regulation 22(5) applies;
(iii)using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal; and
(iv)in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package;
(b)in the case of a package of seed sealed in—
(i)the United Kingdom, elsewhere than in England, or
(ii)another member State,
a sealed package of seed that has been sealed in accordance with the provisions of Article 11(1) of the Beet Seed Directive;
(c)in the case of a package of seed sealed in an equivalent third country, a sealed package of seed that has been sealed in accordance with the provisions of [F31paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision] .
(6) In this regulation, in the case of a small EC package of officially certified basic or CS seed that has been sealed only once “properly sealed package” means—
(a)in the case of a package of seed sealed in England, a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package, and
(b)in the case of a package of seed sealed in—
(i)the United Kingdom, elsewhere than in England, or
(ii)another member State,
a sealed package of seed that has been sealed in accordance with the relevant provisions of Article 11(3) of the Beet Seed Directive.
(7) In this regulation, in the case of a package of officially certified pre-basic, basic or CS seed, other than a small EC package of basic or CS seed, that has been sealed more than once,“properly sealed package” means—
(a)in the case of a package of seed that has been resealed in England, a sealed package of seed that, on each occasion it has been resealed, has been resealed—
(i)by a person to whom regulation 22(5) applies, and
(ii)in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package;
(b)in the case of a package of seed that has been resealed in—
(i)the United Kingdom, elsewhere than in England, or
(ii)another member State,
a sealed package of seed that, on each occasion it has been resealed, has been sealed in accordance with the provisions of Article 11(2) of the Beet Seed Directive; and
(c)in the case of seed that has been resealed in an equivalent third country, a sealed package of seed that, on each occasion it has been resealed, has been resealed in accordance with the provisions of [F32paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision] .
(8) In this regulation, in the case of a small EC package of officially certified basic or CS seed that has been sealed more than once, “properly sealed package” means—
(a)in the case of a package of seed that has been resealed in England, a sealed package of seed that, on each occasion it has been resealed, has been resealed—
(i)by a person to whom regulation 22(5) applies, and
(ii)in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package, and
(b)in the case of a package of seed that has been resealed in—
(i)the United Kingdom, elsewhere than in England, or
(ii)another member State,
a sealed package of seed that, on each occasion it has been resealed, has been resealed in accordance with the provisions of Article 11(3) of the Beet Seed Directive.
[F33(9) In this regulation, in the case of test and trial seed, a “properly sealed package” means—
(a)in the case of a package of seed sealed in England, a package of seed that has been sealed—
(i)by a person to whom regulation 22(5) applies;
(ii)using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal; and
(iii)in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package; and
(b)in the case of a package of seed sealed in—
(i)the United Kingdom, elsewhere than in England, or
(ii)another member State,
a package of seed that has been sealed in accordance with the provisions of Article 8 of the 2004 Commission Decision.]
Textual Amendments
F29Words in reg. 21(2) substituted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(5)(a)
F30Words in reg. 21(3) substituted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(5)(b)
F31Words in reg. 21(5)(c) substituted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(8)(a)
F32Words in reg. 21(7)(c) substituted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(8)(b)
22.—(1) Subject to paragraph (2), no person shall seal a package of officially certified pre-basic, basic or CS seed except a person to whom paragraph (5) applies.
(2) Paragraph (1) shall not apply to the sealing of a small EC package of officially certified basic or CS seed.
(3) Subject to paragraph (4), no person shall reseal a package (including a small EC package) of officially certified pre-basic, basic or CS seed except a person to whom paragraph (5) applies.
(4) Paragraph (3) shall not apply where a package has been resealed which had previously been opened by the final consumer of the seed for the purpose of using some of the seed in the package.
[F34(4A) No person shall seal or reseal a package of test and trial seed except a person to whom paragraph (5) applies.]
(5) This paragraph applies to—
(a)an authorised officer and any person being supervised by such a person, and
(b)a licensed seed sampler and any person being supervised by such a person.
Textual Amendments
F34Reg. 22(4A) inserted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(6)
23.—(1) Subject to paragraphs (2) and (3), no person shall market any breeder’s seed or officially certified pre-basic, basic [F35, CS seed or test and trial seed] except in a package that is labelled in accordance with the following paragraphs of this regulation.
(2) Paragraph (1) shall not apply to the marketing of seed, as grown, for processing provided the identity of the seed is ensured.
(3) A person may market any seeds [F36, other than test and trial seed] otherwise than in a package that complies with the other provisions of this regulation where—
(a)the seeds are sold in a quantity not exceeding 2.5 kilograms, and
(b)the seeds are taken, in the presence of the final consumer, from a container on which there is clearly and visibly marked or near which there is clearly and visibly displayed a statement containing particulars of the matters specified in paragraph 1 of Schedule 8.
(4) A package of breeder’s seed shall be labelled in accordance with paragraphs 2 and 3 of Schedule 8.
[F37(5) A package of officially certified pre-basic seed shall be labelled—
(a)in the case of a package of seed sealed in England, in accordance with paragraphs 4 to 7 of Schedule 8;
(b)in the case of a package of seed sealed—
(i)in the United Kingdom, elsewhere than in England, or
(ii)in another member State,
in accordance with the provisions of Article 21(c) of the Beet Seed Directive; and
(c)in the case of a package of seed sealed in an equivalent third country, in accordance with the provisions of paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision.]
(6) A package (other than a small EC package) of officially certified basic or CS seed shall be labelled—
(a)in the case of a package of seed sealed in England, in accordance with paragraphs 8 to 12 of Schedule 8;
(b)in the case of a package of seed sealed—
(i)in the United Kingdom, elsewhere than in England, or
(ii)in another member State,
in accordance with the provisions of Article 12(a) of the Beet Seed Directive; and
(c)in the case of a package of seed sealed in an equivalent third country, in accordance with the provisions of [F38paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision] as they apply to basic or CS seed.
(7) A small EC package of officially certified basic or CS seed shall be labelled -
(a)in the case of a package of seed sealed in England, in accordance with paragraphs 13 to 15 of Schedule 8, and
(b)in the case of a package of seed sealed—
(i)in the United Kingdom, elsewhere than in England, or
(ii)in another member State,
in accordance with the provisions of Article 13 of the Beet Seed Directive.
(8) A package (other than a small EC package) of officially certified basic or CS seed shall contain a document which—
(a)in the case of a package of seed sealed in England—
(i)is of the same colour as the official label fixed to the outside of the package in accordance with the provisions of paragraph (6)(a), and
(ii)contains the particulars specified in paragraph 8(c), (e), (f), (g) and (l) or (m) of Schedule 8;
(b)in the case of a package of seed sealed—
(i)in the United Kingdom, elsewhere than in England, or
(ii)in another member State,
is in accordance with the provisions of Article 12(b) of the Beet Seed Directive; and
(c)in the case of a package of seed sealed in an equivalent third country, is in accordance with the provisions of [F39paragraph 3.3 of Part B of Annex II to the Third Country Equivalence Decision] as they apply to basic or CS seed.
(9) The provisions of paragraph (8) shall not apply if—
(a)the particulars specified in paragraph (8)(a)(ii) are printed indelibly on the outside of the package, or
(b)the official label is an adhesive or a tear resistant label.
[F40(9A) A package of test and trial seed shall be labelled—
(a)in the case of a package of seed sealed in England, in accordance with paragraphs 16, 17 and 18 of Schedule 8; and
(b)in the case of a package of seed sealed—
(i)in the United Kingdom, elsewhere than in England, or
(ii)in another member State,
in accordance with the provisions of Article 9 of the 2004 Commission Decision.]
(10) In the case of seed of a variety that has been genetically modified—
(a)any label or document, official or otherwise, which is fixed to or accompanies a seed lot or any part of a seed lot under the provisions of these Regulations, and
(b)any particulars given under paragraph (3),
shall clearly indicate that the variety has been genetically modified.
(11) If any breeder’s seed or officially certified pre-basic, basic [F41, CS seed or test and trial seed] has been subjected to any chemical treatment then this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either—
(a)in a case where paragraph (3) applies, with the particulars given in accordance with that paragraph; and
(b)in a case where paragraph (3) does not apply—
(i)on a separate supplier’s label on the package; or
(ii)on the label required under paragraph (4), (5), (6) [F42, (7) or (9A)] ;
and also, except where the information prescribed by this paragraph is given on an adhesive or tear-resistant label, either on the outside of the package or on a document enclosed inside the package.
(12) Subject to paragraph (13), if a package of officially certified pre-basic, basic or CS seed, other than a small EC package of basic or CS seed, has been resealed this fact shall be stated on the official label together with the date of resealing and the name of the authority responsible for the resealing.
(13) Where a package of seed of the type specified in paragraph [F433A,] 11, 12(3), 17, 18(3), 25 and 26(4) of Schedule 1 is resealed, the package shall be labelled with an OECD label containing the particulars otherwise required under this regulation.
(14) The particulars and the information given in accordance with this regulation shall be given in one of the official languages of the European Community.
(15) Subject to the provisions of the Act and of these Regulations, no person shall, in the course of the marketing or the preparation for marketing of any seed by himself or another person, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label fixed to, contained in or marked on any package of seed or which is to be so fixed, contained or marked.
Textual Amendments
F35Words in reg. 23(1) inserted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(7)(a)
F36Words in reg. 23(3) inserted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(7)(b)
F37Reg. 23(5) substituted (27.7.2007) by The Seed (Miscellaneous Amendments) (England) Regulations 2007 (S.I. 2007/1872), regs. 1, 2(4)(a)
F38Words in reg. 23(6)(c) substituted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(9)(a)
F39Words in reg. 23(8)(c) substituted (8.10.2004) by The Beet Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2385), regs. 1, 2(9)(b)
F40Reg. 23(9A) inserted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(7)(c)
F41Words in reg. 23(11) substituted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(7)(d)
F42Words in reg. 23(11)(b)(ii) substituted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 2(7)(e)
F43Word in reg. 23(13) inserted (27.7.2007) by The Seed (Miscellaneous Amendments) (England) Regulations 2007 (S.I. 2007/1872), regs. 1, 2(4)(b)
24.—(1) Particulars given to a purchaser by the seller of seed in pursuance of these Regulations, whether given expressly or by implication arising from the description under which the seed is sold, shall constitute a statutory warranty for the purpose of section 17 of the Act in so far as they relate to the category of seed, the percentage germination of the seed, the percentage analytical purity of the seed, the content of seed of other plant species and the varietal identity and varietal purity of the seed.
(2) Section 17(2) of the Act shall apply to any particulars given to a purchaser by the seller of seeds, being particulars given or implied as in paragraph (1), in so far as they relate to the percentage germination, the percentage analytical purity, the content of seed of other plant species, the number of clusters with single seedlings or the number of clusters with three or more seedlings and there are hereby prescribed in respect of such matters the limits of variation set out in Schedule 9.
(3) Section 17(3) of the Act shall apply to any particulars given to a purchaser by the seller of the seed, being particulars given or implied as in paragraph (1), in so far as they relate to the percentage germination, the percentage analytical purity, the content of seed of other plant species, the number of clusters with a single seedling, or the number of clusters with three or more seedlings.
(4) A purchaser who intends to obtain a test of seed for the purposes of section 17(3) of the Act shall, not more than ten days after delivery to him of the seed, give to the seller notice of his intention and thereupon the seller may indicate a day (not being more than twenty-one days after the delivery of the seed to the purchaser) and a reasonable time on that day at which a sample of the seed may be taken in the presence of himself or his representative and the purchaser shall afford to the seller reasonable facilities for that purpose.
(5) On the day and at the time appointed by the seller in accordance with paragraph (4) or, if the seller shall have failed to appoint such a day and time, on a day not more than twenty-eight days after delivery of the seed to the purchaser, the purchaser or his representative may, and if the seller or his representative is present shall, take a sample of seed.
(6) A sample taken in accordance with the requirements of paragraph (5) shall be taken and divided by the purchaser or his representative into two parts in accordance with the requirements contained in Schedule 5 of the Seed (Registration, Licensing and Enforcement)(England) Regulations 2002, of which one part shall be sent to the chief officer of an official testing station for the purpose of being tested and the other part delivered or tendered to the seller or his representative or, if he or his representative was not present when the sample was taken, sent to him by post.
(7) Where a sample is taken in accordance with the requirements of paragraph (5) and divided into two parts in accordance with paragraph (6) each part of the divided sample shall be of at least the appropriate minimum weight specified in Schedule 7 (lots and sample weights) of these Regulations.
25.—(1) Subject to the following provisions of this regulation, the Secretary of State may make arrangements, in such form as she is of the opinion may be necessary or desirable, for the purpose of enabling any person to act under her responsibility in carrying out official measures.
(2) The Secretary of State shall not make an arrangement under this regulation unless she is satisfied that it will make provision for the purpose of preventing the person with whom the arrangement is made, and any other person, from—
(a)deriving any private gain from any official measures carried out under the arrangement, and
(b)carrying out any official measures under the arrangement except under the supervision of the Secretary of State.
(3) An arrangement under this regulation may include such conditions as the Secretary of State is of the opinion are necessary or desirable for the purposes referred to in paragraphs (1) and (2) above, including conditions—
(a)specifying—
(i)the official measures that the person with whom the arrangement is made shall carry out under it;
(ii)the species and category of seed in respect of which he may carry out the official measures;
(iii)the methods to be used in connection with the official measures he carries out under the arrangement;
(iv)the fees that may be charged by the person with whom the arrangement is made in relation to the official measures he carries out under it; and
(v)the records that must be kept by the person with whom the arrangement is made in connection with the official measures he carries out;
(b)prohibiting the person with whom the arrangement is made from—
(i)carrying out the official measures except under official supervision, and
(ii)charging fees in relation to the official measures he carries out under the arrangement except to the extent that these do not exceed the costs he incurs in carrying them out; and
(c)prohibiting the person with whom the arrangement is made from making any further arrangement for any purpose in connection with the carrying out of any of the official measures he has arranged with the Secretary of State to carry out, unless—
(i)the Secretary of State has first approved all the conditions of the further arrangement and the person with whom the arrangement was made has received the prior approval of the Secretary of State to make the further arrangement;
(ii)the further arrangement includes a condition prohibiting the making of any subsequent arrangements for any purpose in connection with the carrying out of any of the official measures in respect of which the Secretary of State made the arrangement;
(iii)the further arrangement includes an acknowledgement by the person with whom it is made that the Secretary of State may vary, suspend or revoke the further arrangement, whether or not she also varies, suspends or revokes the arrangement she made with the person seeking her approval for the further arrangement; and
(iv)the further arrangement includes the conditions specified in sub-paragraphs (a) and (b).
(4) The Secretary of State shall not approve the making of a further arrangement by any person with whom she makes an arrangement under this regulation unless she is satisfied that the person with whom the further arrangement is to be made—
(a)will not derive any private gain from any official measures he is to be authorised to carry out under the further arrangement, and
(b)will not carry out any official measures under the further arrangement except under official supervision.
(5) The Secretary of State may vary, suspend or revoke an arrangement or the conditions of an arrangement made under this regulation, or a further arrangement or any of the conditions of a further arrangement under this regulation, by giving notice to the person with whom the arrangement or further arrangement is made, and a further arrangement may be varied, suspended or revoked under this paragraph notwithstanding that the arrangement in respect of which it was made is not also varied, suspended or revoked.
(6) A notice of a variation, suspension or revocation of an arrangement or further arrangement, or of a condition of an arrangement or further arrangement, shall specify—
(a)in respect of a variation or a revocation, a date on and after which the variation or revocation shall have effect, and
(b)in respect of a suspension, a period during which suspension shall have effect,
and the variation, suspension or revocation shall have effect in accordance with the notice.
(7) When a variation, suspension or revocation has effect the Secretary of State may, for any purposes in relation to these Regulations or a determination under these Regulations, continue to have regard to such of the official measures carried out under an arrangement which was varied, suspended or revoked as appear to her to be official measures carried out in accordance with the provisions of these Regulations.
26.—(1) The Secretary of State may charge any person reasonable fees in respect of costs reasonably incurred by the Secretary of State in carrying out official measures for the purposes of these Regulations.
(2) The Secretary of State may charge any person concerned in any matter connected with these Regulations reasonable fees in respect of costs reasonably incurred by the Secretary of State in connection with that matter for the purposes of these Regulations, including the costs reasonably incurred by an officer authorised for the purposes of these Regulations by the Secretary of State in connection with—
(a)the taking of samples in accordance with regulation 20;
(b)the sealing of packages in accordance with regulations 21 and 22; and
(c)the labelling of packages in accordance with regulation 23.
(3) A person carrying out official measures in accordance with an arrangement or further arrangement under regulation 25 may charge any person, including any other person with whom an arrangement or further arrangement has been made under regulation 25, reasonable fees in respect of costs he reasonably incurs in carrying out official measures under the responsibility of the Secretary of State in accordance with these Regulations.
(4) All fees payable under these Regulations in connection with any application shall be payable—
(a)at the time the application is made, or
(b)with the agreement of the Secretary of State or a person carrying out official measures in accordance with an arrangement or further arrangement under regulation 28 (as the case may be), within twenty-eight days following notice from the Secretary of State or that person (as the case may be) demanding the fee payable in respect of such application.
(5) All other fees payable under these Regulations shall be payable within twenty-eight days following the issue of a notice under these Regulations demanding the payment of the fee.
(6) A fee charged in accordance with this regulation shall be recoverable as a debt from the person by whom the fee is payable.
27.—(1) Any notice required by virtue of these Regulations to be given to any person by the Secretary of State may be given by her—
(a)by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address;
(b)if the person is a body corporate other than a limited liability partnership, by giving it in accordance with paragraph (a) to the secretary of the body;
(c)if the person is a limited liability partnership, by giving it in accordance with paragraph (a) to a member of the partnership; or
(d)if the person is a partnership, by giving it in accordance with paragraph (a) to a partner or a person having control of the management of the partnership business.
(2) For the purposes of this section and section 7 of the Interpretation Act 1978(5) (service of documents by post) in its application to this section, the proper address of any person to whom a notice is to be given shall be his last known address, except that—
(a)in the case of a body corporate (other than a limited liability partnership) or its secretary, it shall be the address of the registered or principal office of the body;
(b)in the case of a limited liability partnership or a member of the partnership, it shall be the address of the registered or principal office of the partnership; and
(c)in the case of a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership.
(3) Paragraph (4) applies if a person to be given a notice under these Regulations by the Secretary of State has specified to her an address within the United Kingdom other than his proper address (as determined under paragraph (2)) as the one at which he or someone on his behalf will accept notices of that description.
(4) In relation to that notice, that address shall be treated as his proper address for the purposes of this regulation and section 7 of the Interpretation Act 1978 in its application to this regulation, instead of that determined under paragraph (2).
28. Schedule 10 contains an index of defined words and expressions used in these Regulations.
29.—(1) Subject to paragraph (2)—
(a)the Beet Seeds Regulations 1993(6) and the Beet Seeds (Amendment) Regulations 1999(7) are revoked as regards England;
(b)the Beet Seeds (Amendment)(England) Regulations 2000(8) are revoked;
(c)the Seeds (Fees) Regulations 1985(9) are revoked in so far as they apply to England in relation to matters arising under the Beet Seeds Regulations 1993; and
(d)the Seeds (Fees)(Amendment)(England) Regulations 2002(10) are revoked in relation to matters arising under the Beet Seeds Regulations 1993.
(2) The provisions of these Regulations shall not apply to seed harvested on or before 31st December 2002 until 1st July 2003.
(3) Section 17 of the Interpretation Act 1978 shall not apply in relation to general licences made under the Beet Seeds Regulations 1993.
Michael Meacher
Minister of State
Department for Environment, Food and Rural Affairs
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys