The Vegetable Seed (England) Regulations 2002

Regulation 2(5) and Schedule 10

SCHEDULE 1 INTERPRETATION

PART I MEANING OF PRE-BASIC SEED AND SIMILAR EXPRESSIONS

Pre-basic seed

1.  In these Regulations “pre-basic seed” means seed of a generation prior to basic seed that —

(a) has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety, and

(b) is intended to be used for the production of more pre-basic seed, basic seed, or, with the breeder’s authority, CS seed.

UK officially certified pre-basic seed of a listed variety

2.—(1) In these Regulations “UK officially certified pre-basic seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to —

(a) seed of a listed variety officially certified as pre-basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as pre-basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a) pre-basic seed of a listed variety —

(i) that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii) that satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and

(iii) for which a seed test report has been issued stating that it has been found by an official UK seed test (whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for basic seed or that it has been found by such a test to satisfy all of those conditions except for the germination condition;

(b) pre-basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c) pre-basic seed of a listed variety —

(i) that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State, and

(ii) that complies with the requirements of paragraph (a)(ii) and (iii);

(d) pre-basic seed of a previously listed variety —

(i) that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii) for which a marketing extension is in force; and

(e) pre-basic seed —

(i) that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii) that is of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as pre-basic seed.

EC officially certified pre-basic seed of a listed variety

3.  In these Regulations “EC officially certified pre-basic seed of a listed variety” means —

(a) pre-basic seed of a listed variety officially certified as pre-basic seed by or on behalf of the competent seed certification authority in another member State, and

(b) pre-basic seed of a previously listed variety officially certified as pre-basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Overseas tested officially certified pre-basic seed of a listed variety

4.  In these Regulations “overseas tested officially certified pre-basic seed of a listed variety” means pre-basic seed —

(a) that was harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;

(b) for which a seed test report has been issued by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, stating that the seed has been found to satisfy the relevant Directive seed conditions for basic seed;

(c) that has been imported into the United Kingdom as pre-basic seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

(d) that is accompanied by —

(i) an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii) the seed test report referred to in paragraph (b).

UK officially certified early movement pre-basic seed of a listed variety

5.—(1) In these Regulations “UK officially certified early movement pre-basic seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to —

(a) seed of a listed variety officially certified as early movement pre-basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as early movement pre-basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a) pre-basic seed of a listed variety —

(i) that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii) that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed;

(iii) for which the results of a Schedule 4 germination test are awaited but for which a provisional analytical report has been obtained indicating what the percentage of germination of the seed is likely to be; and

(iv) for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, by an official UK seed test (whenever carried out), to satisfy the conditions laid down in Part II of Schedule 4 for basic seed;

(b) pre-basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;

(c) pre-basic seed of a listed variety —

(i) that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State, and

(ii) that complies with the requirements of paragraph (a)(ii) to (iv); and

(d) pre-basic seed of a previously listed variety —

(i) that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) to (iv); and

(iii) for which a marketing extension is in force,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as early movement pre-basic seed.

EC officially certified early movement pre-basic seed of a listed variety

6.  In these Regulations “EC officially certified early movement pre-basic seed of a listed variety” means —

(a) pre-basic seed of a listed variety officially certified as early movement pre-basic seed by or on behalf of the competent seed certification authority in another member State, and

(b) pre-basic seed of a previously listed variety officially certified as early movement pre-basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Officially certified pre-basic seed

7.  In these Regulations “officially certified pre-basic seed” means —

(a) UK officially certified pre-basic seed of a listed variety;

(b) EC officially certified pre-basic seed of a listed variety;

(c) overseas tested officially certified pre-basic seed of a listed variety;

(d) UK officially certified early movement pre-basic seed of a listed variety; and

(e) EC officially certified early movement pre-basic seed of a listed variety.

PART II MEANING OF BASIC SEED AND SIMILAR EXPRESSIONS

Basic seed

8.—(1) In these Regulations, other than in relation to a component of a hybrid, “basic seed” means seed —

(a) that has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety, and

(b) that is intended to be used for the production of CS seed.

(2) In these Regulations, in relation to a component of a hybrid variety, “basic seed” means seed of the component —

(a) that has been produced by or under the responsibility of the breeder, and

(b) that is intended to be used for the production of CS seed of a hybrid variety.

UK officially certified basic seed of a listed variety

9.—(1) In these Regulations “UK officially certified basic seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to —

(a) seed of a listed variety officially certified as basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a) basic seed of a listed variety —

(i) that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii) that satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and

(iii) for which a seed test report has been issued stating that it has been found by an official UK seed test (whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for basic seed or that it has been found by such a test to satisfy all of those conditions except for the germination condition;

(b) basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c) basic seed of a listed variety —

(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

(ii) that complies with the requirements of paragraph (a)(ii) and (iii);

(d) basic seed of a previously listed variety —

(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii) for which a marketing extension is in force; and

(e) basic seed —

(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii) is of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as basic seed.

EC officially certified basic seed of a listed variety

10.  In these Regulations “EC officially certified basic seed of a listed variety” means —

(a) basic seed of a listed variety officially certified as basic seed by or on behalf of the competent seed certification authority in another member State, and

(b) basic seed of a previously listed variety officially certified as basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Overseas tested officially certified basic seed of a listed variety

11.  In these Regulations “overseas tested officially certified basic seed of a listed variety” means basic seed —

(a) that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;

(b) for which a seed test report has been issued by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, stating that the seed has been found to satisfy the relevant Directive seed conditions for basic seed;

(c) that has been imported into the United Kingdom as basic seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

(d) that is accompanied by —

(i) an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii) the seed test report referred to in paragraph (b).

UK officially certified early movement basic seed of a listed variety

12.—(1) In these Regulations “UK officially certified early movement basic seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to —

(a) seed of a listed variety officially certified as early movement basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as early movement basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a) basic seed of a listed variety —

(i) that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii) that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed;

(iii) for which the results of a Schedule 4 germination test are awaited but for which a provisional analytical report has been obtained indicating what the percentage of germination of the seed is likely to be; and

(iv) for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, by an official UK seed test (whenever carried out), to satisfy the conditions laid down in Part II of Schedule 4 for basic seed;

(b) basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;

(c) basic seed of a listed variety —

(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

(ii) that complies with the requirements of paragraph (a)(ii) to (iv); and

(d) basic seed of a previously listed variety —

(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) to (iv); and

(iii) for which a marketing extension is in force,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as early movement basic seed.

EC officially certified early movement basic seed of a listed variety

13.  In these Regulations “EC officially certified early movement basic seed of a listed variety” means —

(a) basic seed of a listed variety officially certified as early movement basic seed by or on behalf of the competent seed certification authority in another member State, and

(b) basic seed of a previously listed variety officially certified as early movement basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

UK officially certified basic seed of a component of a listed hybrid variety

14.—(1) In these Regulations “UK officially certified basic seed of a component of a listed hybrid variety” means seed to which paragraph (2) or (3) applies.

(2) This paragraph applies to —

(a) seed of a component of a listed hybrid variety officially certified as basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) seed of a component of a previously listed hybrid variety officially certified as basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force in respect of seed of the hybrid variety.

(3) This paragraph applies to —

(a) basic seed of a component of a listed hybrid variety —

(i) that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii) that satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and

(iii) for which a seed test report has been issued stating that it has been found by an official UK seed test (whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for basic seed or that it has been found by such a test to satisfy all of those conditions except for the germination condition;

(b) basic seed of a component of a previously listed hybrid variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force in respect of seed of the hybrid variety;

(c) basic seed of a component of a listed hybrid variety —

(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

(ii) that complies with the requirements of sub-paragraph (a)(ii) and (iii);

(d) basic seed of a component of a previously listed hybrid variety —

(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii) for which a marketing extension is in force in respect of seed of the hybrid variety;

(e) basic seed —

(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii) that is a component of a hybrid variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,

other than seed to which paragraph (2) applies and seed of a component of a hybrid variety for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.

EC officially certified basic seed of a component of a listed hybrid variety

15.  In these Regulations “EC officially certified basic seed of a component of a listed hybrid variety” means —

(a) basic seed of a component of a listed hybrid variety officially certified as basic seed by or on behalf of the competent seed certification authority in another member State, and

(b) basic seed of a component of a previously listed hybrid variety officially certified as basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force in respect of seed of the hybrid variety.

Overseas tested officially certified basic seed of a component of a listed hybrid variety

16.  In these Regulations “overseas tested officially certified basic seed of a component of a listed hybrid variety” means basic seed —

(a) that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;

(b) for which a seed test report has been issued by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, stating that the seed has been found to satisfy the relevant Directive seed conditions for basic seed;

(c) that has been imported into the United Kingdom as a component of a hybrid variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed; and

(d) that is accompanied by —

(i) an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii) the seed test report referred to in paragraph (b).

UK officially certified early movement basic seed of a component of a listed hybrid variety

17.—(1) In these Regulations “UK officially certified early movement basic seed of a component of a listed hybrid variety” means seed of which paragraph (2) or (3) applies.

(2) This paragraph applies to —

(a) seed of a component of a listed hybrid variety officially certified as early movement basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) seed of a component of a previously listed hybrid variety officially certified as early movement basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force in respect of seed of the hybrid variety.

(3) This paragraph applies to —

(a) basic seed of a component of a listed hybrid variety —

(i) that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii) that, subject to paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed;

(iii) for which the results of a Schedule 4 germination test are awaited but for which a provisional analytical report has been obtained indicating what the percentage of germination of the seed is likely to be; and

(iv) for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, by an official UK seed test (whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for basic seed;

(b) basic seed of a component of a previously listed hybrid variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force in respect of seed of the hybrid variety;

(c) basic seed of a component of a listed hybrid variety —

(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

(ii) complies with the requirements of sub-paragraph (a)(ii) to (iv); and

(d) basic seed of a component of a previously listed hybrid variety —

(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) to (iv); and

(iii) for which a marketing extension is in force in respect of seed of the hybrid variety,

other than seed to which paragraph (2) applies and seed of a component of a hybrid variety for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.

EC officially certified early movement basic seed of a component of a listed hybrid variety

18.  In these Regulations “EC officially certified early movement basic seed of a component of a listed hybrid variety” means —

(a) basic seed of a component of a listed hybrid variety officially certified as early movement basic seed by or on behalf of the competent seed certification authority in another member State, and

(b) basic seed of a component of a previously listed hybrid variety officially certified as early movement basic seed by or on behalf of the competent seed certification authority in another member State for which a marketing extension is in force in respect of seed of the hybrid variety.

Officially certified basic seed

19.  In these Regulations “officially certified basic seed” means —

(a) UK officially certified basic seed of a listed variety;

(b) EC officially certified basic seed of a listed variety;

(c) overseas tested officially certified basic seed of a listed variety;

(d) UK officially certified early movement basic seed of a listed variety;

(e) EC officially certified early movement basic seed of a listed variety;

(f) UK officially certified basic seed of a component of a listed hybrid variety;

(g) EC officially certified basic seed of a component of a listed hybrid variety;

(h) overseas tested officially certified basic seed of a component of a listed hybrid variety;

(i) UK officially certified early movement basic seed of a component of a listed hybrid variety; and

(j) EC officially certified early movement basic seed of a component of a listed hybrid variety.

PART III MEANING OF CS SEED AND SIMILAR EXPRESSIONS

CS seed

20.  In these Regulations “CS seed” means seed that —

(a) has been produced directly from officially certified basic seed or, with the breeder’s authority, from officially certified pre-basic seed, and

(b) is intended for purposes other than the production of vegetable seed.

UK officially certified CS seed of a listed variety

21.—(1) In these Regulations “UK officially certified CS seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to —

(a) seed of a listed variety officially certified as CS seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as CS seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a) CS seed of a listed variety —

(i) that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found, by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS seed is to be produced;

(ii) that satisfies the conditions laid down in Parts II and III of Schedule 4 for CS seed; and

(iii) for which a seed test report has been issued stating that it has been found by an official UK seed test (whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for CS seed;

(b) CS seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c) CS seed of a listed variety —

(i) that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State, and

(ii) that complies with the requirements of paragraph (a)(ii) and (iii);

(d) CS seed of a previously listed variety —

(i) that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii) for which a marketing extension is in force; and

(e) CS seed —

(i) that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State or an equivalent third country;

(ii) that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii) of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as CS seed.

EC officially certified CS seed of a listed variety

22.  In these Regulations “EC officially certified CS seed of a listed variety” means —

(a) CS seed of a listed variety officially certified as CS seed by or on behalf of the competent seed certification authority in another member State, and

(b) CS seed of a previously listed variety officially certified as CS seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Overseas tested officially certified CS seed of a listed variety

23.  In these Regulations “overseas tested officially certified CS seed of a listed variety” means CS seed —

(a) that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop had been found to satisfy the relevant Directive crop conditions for CS seed;

(b) for which a seed test report has been issued by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, stating that the seed has been found to satisfy the relevant Directive seed conditions for CS seed;

(c) that has been imported into the United Kingdom as CS seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

(d) that is accompanied by —

(i) an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii) the seed test report referred to in paragraph (b).

UK officially certified early movement CS seed of a listed variety

24.—(1) In these Regulations “UK officially certified early movement CS seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

(2) This paragraph applies to —

(a) seed of a listed variety officially certified as early movement CS seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as early movement CS seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

(3) This paragraph applies to —

(a) CS seed of a listed variety —

(i) that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS seed is to be produced;

(ii) that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for CS seed;

(iii) for which the results of a Schedule 4 germination test are awaited to determine whether the seed will satisfy the applicable germination standard for CS seed but for which a provisional analytical report has been obtained indicating that the seed is likely to meet that standard; and

(iv) for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, by an official UK seed test (whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for CS seed;

(b) CS seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;

(c) CS seed of a listed variety —

(i) that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State, and

(ii) that complies with the requirements of paragraph (a)(ii) to (iv); and

(d) CS seed of a previously listed variety —

(i) that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) to (iv); and

(iii) for which a marketing extension is in force,

other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.

(4) Seed of a listed variety, or of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as early movement CS seed.

EC officially certified early movement CS seed of a listed variety

25.  In these Regulations “EC officially certified early movement CS seed of a listed variety” means —

(a) CS seed of a listed variety officially certified as early movement CS seed by or on behalf of the competent seed certification authority in another member State, and

(b) CS seed of a previously listed variety officially certified as early movement CS seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Officially certified CS seed

26.  In these Regulations “officially certified CS seed” means —

(a) UK officially certified CS seed of a listed variety;

(b) EC officially certified CS seed of a listed variety;

(c) overseas tested officially certified CS seed of a listed variety;

(d) UK officially certified early movement CS seed of a listed variety; and

(e) EC officially certified early movement CS seed of a listed variety.

Early multiplication

27.—(1) The requirement contained in paragraph 20(a) (that CS seed be produced directly from officially certified basic seed, or, with the breeder’s authority, from officially certified pre-basic seed) shall be treated as having been complied with in relation to CS seed in a case where —

(a) the CS seed (“the harvested CS seed”) was harvested from a crop produced from pre-basic seed to which sub-paragraph (2) applies or basic seed to which sub-paragraph (3) or (4) applies, and

(b) the variety of the harvested CS seed was not listed at the time when the pre-basic or basic seed referred to in paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.

(2) This sub-paragraph applies to pre-basic seed —

(a) that has been harvested from a crop —

(i) produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced, or

(ii) produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority in that State to satisfy the Directive crop conditions for basic seed;

(b) that —

(i) was found by an official UK seed test to satisfy the conditions laid down in Part II of Schedule 4 for basic seed, or

(ii) was found by seed testing carried out by or on behalf of the competent seed certification authority in another member State to satisfy the Directive seed conditions for basic seed; and

(c) that was of the same variety as the harvested CS seed.

(3) This sub-paragraph applies to basic seed —

(a) that has been harvested from a crop —

(i) produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced, or

(ii) produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority in that State to satisfy the Directive crop conditions for basic seed;

(b) that —

(i) was found by an official UK seed test to satisfy the conditions laid down in Part II of Schedule 4 for basic seed, or

(ii) was found by seed testing carried out by or on behalf of the competent seed certification authority to satisfy the Directive seed conditions for basic seed; and

(c) that was of the same variety as the harvested CS seed.

(4) This sub-paragraph applies to basic seed of a component of a hybrid variety —

(a) that complied with the requirements of sub-paragraph (3)(a) and (b), and

(b) that was a component in the production of the harvested CS seed of the hybrid variety.

PART IV MEANING OF STANDARD SEED

Standard seed

28.  In these Regulations “standard seed” means seed of a listed variety —

(a) that is intended mainly for the production of vegetables, and

(b) satisfies the conditions laid down in Annex II to the Vegetable Seed Directive.

PART V MEANING OF EXPRESSIONS RELATING TO IMPORTED NOT FINALLY CERTIFIED SEED

Not finally certified pre-basic seed harvested in another member State

29.—(1) In these Regulations “not finally certified pre-basic seed harvested in another member State” means pre-basic seed —

(a) to which sub-paragraph (2) applies;

(b) that has been harvested from a crop produced in another member State and has been found by a field examination of the crop carried out by or on behalf of the competent seed certification authority in the member State to satisfy the Directive crop conditions for basic seed;

(c) that has been packed in a sealed package in accordance with the requirements of Article 27(1) of the Vegetable Seed Directive and is labelled with a grey label;

(d) that has been imported into the United Kingdom as not finally certified seed; and

(e) that is accompanied by an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

(2) This sub-paragraph applies to pre-basic seed of —

(a) a listed variety;

(b) a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or

(c) a previously listed variety for which a marketing extension is in force.

(3) In this paragraph “grey label” means, in relation to the seed contained in the package on which the label is affixed, a grey coloured label containing the following particulars —

(a) the name of the authority responsible for the field inspection of the crop and the member State or their commonly used initials;

(b) the species of the seed, indicated at least in Roman characters —

(i) under its botanical name, which may be given in abridged form and without the author’s name; or

(ii) under its common name; or

(iii) under both;

(c) the variety of the seed, indicated at least in Roman characters;

(d) the category of the seed;

(e) the field or lot reference number of the seed;

(f) the declared net or gross weight of the seed; and

(g) the words “seed not finally certified”.

Not finally certified basic seed harvested in another member State

30.—(1) In these Regulations “not finally certified basic seed harvested in another member State” means basic seed —

(a) to which sub-paragraph (2) applies;

(b) that has been harvested from a crop produced in another member State and has been found by a field examination of the crop carried out by or on behalf of the competent seed certification authority in the member State to satisfy the Directive crop conditions for basic seed;

(c) that has been packed in a sealed package in accordance with the requirements of Article 27(1) of the Vegetable Seed Directive and is labelled with a grey label;

(d) that has been imported into the United Kingdom as not finally certified seed; and

(e) that is accompanied by an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

(2) This sub-paragraph applies to basic seed of —

(a) a listed variety;

(b) a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined;

(c) a previously listed variety for which a marketing extension is in force;

(d) a component of a listed hybrid variety;

(e) a component of a hybrid variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or

(f) a component of a previously listed hybrid variety for which a marketing extension is in force.

(3) In this paragraph “grey label” shall have the same meaning as in paragraph 29(3).

Not finally certified CS seed harvested in another member State

31.—(1) In these Regulations “not finally certified CS seed harvested in another member State” means CS seed —

(a) to which sub-paragraph (2) applies;

(b) that has been harvested from a crop —

(i) that has been produced in another member State directly from officially certified basic seed, and

(ii) that has been found by a field examination of the crop carried out by or on behalf of the competent seed certification authority in the member State, to satisfy the Directive crop conditions for CS seed;

(c) that has been packed in a sealed package in accordance with the requirements of Article 27(1) of the Vegetable Seed Directive and is labelled with a grey label;

(d) that has been imported into the United Kingdom as not finally certified seed; and

(e) that is accompanied by an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

(2) This sub-paragraph applies to CS seed of —

(a) a listed variety;

(b) a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; and

(c) a previously listed variety for which a marketing extension is in force.

(3) In this paragraph “grey label” shall have the same meaning as in paragraph 29(3).

Regulations 2(1), 5(1), 23(3)(b) and 25(3)(b)

SCHEDULE 2 SPECIES OF SEED TO WHICH THESE REGULATIONS APPLY

1.  Asparagus.

2.  The following species of beans —

(a) broad bean;

(b) French bean; and

(c) runner bean.

3.  Beetroot (also known as red beet).

4.  Brussels sprouts.

5.  The following species of cabbage —

(a) red cabbage;

(b) savoy cabbage; and

(c) white cabbage.

6.  Carrot.

7.  Cauliflower.

8.  Celery.

9.  Chard and spinach beet.

10.  Chinese cabbage.

11.  Cucumber and gherkin.

12.  Curly kale.

13.  Endive.

14.  Gourd.

15.  Kohlrabi.

16.  Larged-leave chicory (also known as Italian chicory) and Witloof chicory.

17.  Leek.

18.  Lettuce.

19.  Marrow.

20.  Melon.

21.  Onion.

22.  Parsley.

23.  Pea other than field pea.

24.  Radish.

25.  Spinach.

26.  Sprouting broccoli (also known as calabrese).

27.  Tomato.

28.  Turnip.

Regulations 8(4), (5), (6) and (7)(b), 10(3), (4)(a) and (b)(ii), 11(13)(a) and (b), 13(5)(d) and 14(1)(b) and paragraphs 2(3)(a), 5(3)(a), 9(3)(a), 12(3)(a), 14(3)(a), 17(3)(a), 21(3)(a), 24(3)(a) and 27(2)(a) and (3)(a) of Schedule 1

SCHEDULE 3 CONDITIONS RELATING TO CROPS FROM WHICH SEED IS TO BE HARVESTED

1.  The crop shall have sufficient varietal identity and varietal purity.

2.—(1) Subject to paragraph 3, the crop shall conform to the following standards as regards the minimum distances from neighbouring sources of pollen which may result in undesirable foreign pollination —

Crop	Minimum distance (metres)
1	2
(a) Beta vulgaris —
(i) from any pollen source of the genus Beta other than those specified in (ii) and (iii) below —	1,000
(ii) from any pollen source of a variety of the same sub species belonging to a different group of varieties —
(aa) for the production of basic seed	1,000
(bb) for the production of CS seed	600
(iii) From any pollen source of a variety of the same sub species belonging to the same group of varieties —
(aa) for the production of basic seed	1,000
(bb) for the production of CS seed	600
(b) Brassica species —
(i) for the production of basic seed	1,000
(ii) for the production of CS seed	600
(c) cross fertilised species other than Beta and Brassica species —
(i) for the production of basic seed	500
(ii) for the production of CS seed	300

(2) For the purposes of this sub-paragraph the groups of varieties of the Beta species shall be those set out in the following table classified in groups according to their characteristics —

(a) Beetroot
Group	Characteristic
1	Transverse narrow elliptic or transverse elliptic shape of root longitudinal section and root flesh red or purple
2	Circular or broad elliptic shape of root longitudinal section and root flesh white
3	Circular or broad elliptic shape of root longitudinal section and root flesh yellow
4	Circular or broad elliptic shape of root longitudinal section and root flesh red or purple
5	Narrow oblong shape of root longitudinal section and root flesh red or purple
6	Narrow obtriangular shape of root longitudinal section and root flesh red or purple
(b) Chard and spinach beet
Group	Characteristic
1	White petiole and pale green leaf blade, without anthocyanin coloration
2	White petiole and medium or dark green leaf blade, without anthocyanin coloration
3	Green petiole and medium or dark green leaf blade, without anthocyanin coloration
4	Pink petiole and medium or dark green leaf blade
5	Red petiole and leaf blade, with anthocyanin coloration

3.  Paragraph 2 shall not apply if there is sufficient protection from any undesirable foreign pollination.

4.  Diseases and harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

5.—(1) A crop from which basic or CS seed is to be produced shall be examined by at least one official field inspection to determine whether the crop meets the requirements set out in this Schedule and in Part I of Schedule 4.

(2) Field inspections shall be carried out at a time when the cultural condition of the field and the stage of development of the crop permit the varietal identity, varietal purity and health status of the crop to be adequately checked.

6.  For the purpose of determining whether a crop from which pre-basic seed is to be produced meets the conditions laid down in this Schedule, the crop from which such seed is to be produced shall be treated in the same way as a crop from which basic seed is to be produced.

Regulations 2(1), 8(4), (5), (6) and (7)(b), 10(3) and (4)(a) and (b), 11(4) to (11) and (13)(a), 13(4) and (5)(d) to (f), 14(1)(b) and (c)(i) and (ii) and paragraphs 2(3)(a), 5(3)(a), 9(3)(a), 12(3)(a), 14(3)(a), 17(3)(a), 21(3)(a), 24(3)(a) and 27(2)(a) and (b) and (3)(a) and (b) of Schedule 1

SCHEDULE 4 CONDITIONS TO BE SATISFIED BY THE SEED

PART I CONDITIONS TO BE EXAMINED MAINLY BY FIELD INPSECTIONS

1.  The seed shall have sufficient varietal identity and varietal purity.

2.  In the case of seed of turnips the minimum varietal purity shall be —

(a) 99.7% in the case of basic seed, and

(b) 98% in the case of CS seed.

PART II CONDITIONS TO BE EXAMINED BY SEED TESTING

3.  The seed shall conform to the following standards or other conditions as regards analytical purity and the content of seeds of other plant species —

Column 1	Column 2	Column 3
Species	Minimum analytical purity (percentage by weight)	Maximum content of seeds of other plant species (percentage by weight)
(a) asparagus	96	0.5
(b) beans of the following species —
(i) broad bean	98	0.1
(ii) French bean	98	0.1
(iii) runner bean	98	0.1
(c) beetroot	97	0.5
(d) Brussels sprouts	97	1.0
(e) red, Savoy and white cabbage	97	1.0
(f) carrot	95	1.0
(g) cauliflower	97	1.0
(h) celery	97	1.0
(i) chard and spinach beet	97	0.5
(j) Chinese cabbage	97	1.0
(k) cucumber and gherkin	98	0.1
(l) curly kale	97	1.0
(m) endive	95	1.0
(n) gourd	98	0.1
(o) kohlrabi	97	1.0
(p) large-leaved chicory and Witloof chicory	95	1.5
(q) leek	97	0.5
(r) lettuce	95	0.5
(s) marrow	98	0.1
(t) melon	98	0.1
(u) onion	97	0.5
(v) parsley	97	1.0
(w) pea	98	0.1
(x) radish	97	1.0
(y) spinach	97	1.0
(z) sprouting broccoli	97	1.0
(aa) tomato	97	0.5
(bb) turnip	97	1.0

4.—(1) It shall be determined, by way of a germination test, whether the seed attains the applicable percentage of germination set out in column 2 of the table below —

Column 1	Column 2
Species	Minimum germination (percentage clusters or pure seed)
(a) asparagus	70
(b) beans of the following species —
(i) broad bean	80
(ii) French bean	75
(iii) runner bean	80
(c) beetroot —
(i) all except the Cheltenham variety	70
(ii) the Cheltenham variety	50
(d) Brussels sprouts	75
(e) red, Savoy and white cabbage	75
(f) carrot	65
(g) cauliflower	70
(h) celery	70
(i) chard and spinach beet	70
(j) Chinese cabbage	75
(k) cucumber and gherkin	80
(l) curly kale	75
(m) endive	65
(n) gourd	80
(o) kohlrabi	75
(p) large-leaved chicory and Witloof chicory	65
(q) leek	65
(r) lettuce	75
(s) marrow	75
(t) melon	75
(u) onion	70
(v) parsley	65
(w) pea	80
(x) radish	70
(y) spinach	75
(z) sprouting broccoli	75
(aa) tomato	75
(bb) turnip	80

5.  The seed shall not be contaminated by live Acarina (commonly known as mites).

6.  Seed of broad beans, French beans, runner beans and peas shall not be contaminated by —

(a) Acanthoscelides obtectus Sag.;

(b) Bruchus affinis Froel.;

(c) Bruchus atomarius L.;

(d) Bruchus pisorum L.; or

(e) Bruchus rufimanus Boh.

PART III OTHER CONDITIONS

7.  Diseases and harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level that can be achieved.

PART IV GENERAL PROVISIONS

8.  For the purpose of determining whether seed meets the conditions laid down in this Schedule pre-basic seed shall be treated in the same way as basic seed.

Regulation 13(1)

SCHEDULE 5 RE-GRADING OF SEED

Column (1)	Column (2)
1.—(a) UK, EC or overseas tested officially certified pre-basic seed of a listed variety	(a) UK officially certified pre-basic seed of a listed variety
(b) UK, EC or overseas tested officially certified basic seed of a listed variety	(b) UK officially certified basic seed of a listed variety
(c) UK, EC or overseas tested officially certified CS seed of a listed variety	(c) UK officially certified CS seed of a listed variety
2.—(a) UK and EC officially certified early movement pre-basic seed of a listed variety	(a) UK officially certified early movement pre-basic seed of a listed variety
(b) UK and EC officially certified early movement basic seed of a listed variety	(b) UK officially certified early movement basic seed of a listed variety
(c) UK and EC officially certified early movement CS seed of a listed variety	(c) UK officially certified early movement CS seed of a listed variety

Regulation 15(1)

SCHEDULE 6 CATEGORIES OF SEED THAT MAY BE MARKETED

Breeder’s seed

1.  Breeder’s seed.

Pre-basic seed of a listed variety

2.  UK officially certified pre-basic seed of a listed variety.

3.  EC officially certified pre-basic seed of a listed variety.

4.  Overseas tested officially certified pre-basic seed of a listed variety.

Basic seed of a listed variety

5.  UK officially certified basic seed of a listed variety.

6.  EC officially certified basic seed of a listed variety.

7.  Overseas tested officially certified basic seed of a listed variety.

CS seed of a listed variety

8.  UK officially certified CS seed of a listed variety.

9.  EC officially certified CS seed of a listed variety.

10.  Overseas tested officially certified CS seed of a listed variety.

Early movement pre-basic seed of a listed variety

11.  UK officially certified early movement pre-basic seed of a listed variety.

12.  EC officially certified early movement pre-basic seed of a listed variety.

Early movement basic seed of a listed variety

13.  UK officially certified early movement basic seed of a listed variety.

14.  EC officially certified early movement basic seed of a listed variety.

Early movement CS seed of a listed variety

15.  UK officially certified early movement CS seed of a listed variety.

16.  EC officially certified early movement CS seed of a listed variety.

Basic seed of a component of a listed hybrid variety

17.  UK officially certified basic seed of a component of a listed hybrid variety.

18.  EC officially certified basic seed of a component of a listed hybrid variety.

19.  Overseas tested officially certified basic seed of a component of a listed hybrid variety.

Early movement basic seed of a component of a listed hybrid variety

20.  UK officially certified early movement basic seed of a component of a listed hybrid variety.

21.  EC officially certified early movement basic seed of a component of a listed hybrid variety.

Standard seed

22.  Standard seed.

Regulations 2(1), 22(3) to (6), 26(3) and 27(6)

SCHEDULE 7 LOT AND SAMPLE WEIGHTS

Column 1	Column 2	Column 3
Species	Maximum weight of a lot	Minimum weight of a sample to be drawn from a lot
	(tonnes)	(grams)
1.  Asparagus	10	100
2.  Beans of the following species —
(a) Broad bean	25	1,000
(b) French bean	25	700
(c) Runner bean	20	1,000
3.  Beetroot	20	100
4.  Brussels sprouts	10	25
5.  Cabbages of the following species —
(a) Red cabbage	10	25
(b) Savoy Cabbage	10	25
(c) White cabbage	10	25
6.  Carrot	10	25
7.  Cauliflower	10	25
8.  Celery	10	25
9.  Chard and spinach beet	20	100
10.  Chinese cabbage	10	25
11.  Cucumber and gherkin	20	25
12.  Curly kale	10	25
13.  Endive	10	25
14.  Gourd	20	250
15.  Kohlrabi	10	25
16.  Large-leaved chicory and Witloof chicory	10	25
17.  Leek	10	25
18.  Lettuce	10	25
19.  Marrow	20	150
20.  Melon	20	100
21.  Onion	10	25
22.  Parsley	10	25
23.  Pea	25	500
24.  Radish	10	50
25.  Spinach	10	75
26.  Sprouting broccoli	10	25
27.  Tomato	10	25
28.  Turnip	10	25

Regulation 25(3), (4), (5)(a), (6)(a), (7)(a), (8)(a), (9)(a), (10) and (11)(a)

SCHEDULE 8 LABELLING

PART I PARTICULARS TO BE MARKED OR DISPLAYED ON THE SALE OF UNPACKAGED SEED (LOOSE SALES)

1.  The following particulars shall be given —

(a) “complies with legal standards”;

(b) the species, indicated at least in Roman characters; and

(c) the variety.

PART II LABELLING OF PACKAGES OF BREEDER'S SEED

2.  Subject to paragraph 31, the package shall be labelled, not later than the time of sealing, on the outside with a supplier’s label containing the following particulars —

(a) the name and address of the supplier responsible for affixing the labels or his registration number;

(b) the reference number of the lot;

(c) the species;

(d) the variety;

(e) the words “breeder’s seed”; and

(f) the declared net or gross weight or declared number of seeds,

except where those particulars are printed indelibly on the outside of the package.

3.  The label referred to in paragraph 2 shall be coloured buff.

PART III LABELLING OF PACKAGES OF OFFICIALLY CERTIFIED PRE-BASIC SEED

Official label for a package of officially certified pre-basic seed

4.  Subject to paragraph 31, the package shall be labelled, not later than the time of sealing, on the outside with an official label which has not previously been used containing the following particulars —

(a) the certification authority and member State or their commonly used initials;

(b) the reference number of the lot;

(c) the month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows —

(i) by the word “Sealed” followed by the month and year of sealing, or

(ii) by the word “Sampled” followed by the month and year of official sampling;

(d) the species, indicated at least in Roman characters —

(i) under its botanical name, which may be given in abridged form and without the author’s name; or

(ii) under its common name; or

(iii) under both;

(e) the variety, indicated at least in Roman characters;

(f) the description “pre-basic seed”;

(g) the number of generations by which the seed precedes CS seed;

(h) the country of production;

(i) the declared net or gross weight or declared number of seeds; and

(j) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seeds and the total weight.

5.  Subject to paragraph 32, a reference to any maintenance of the variety may be included on the official label.

6.  The label referred to in paragraph 4 shall be coloured white with a diagonal violet line.

7.  The minimum size of the label referred to in paragraph 4 shall be 110 mm x 67 mm.

8.  The label referred to in paragraph 4—

(a) shall be —

(i) an adhesive label, or

(ii) a label secured to the package by a sealing device approved by the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) shall be fixed to the package by —

(i) an authorised officer or any person being supervised by such a person, or

(ii) in a case where the package is being relabelled, by a licensed seed sampler or any person being supervised by such a person.

PART IV LABELLING OF PACKAGES OF OFFICIALLY CERTIFIED BASIC AND CS SEED

Official label for a package of officially certified basic or CS seed

9.  Subject to paragraph 31, the package shall be labelled, not later than the time of sealing, on the outside with an official label which has not previously been used containing the following particulars —

(a) the words “EC rules and standards”;

(b) the name of the certifying authority and member State or their commonly used initials;

(c) the reference number of the lot;

(d) the month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows —

(i) by the word “Sealed” followed by the month and year of sealing, or

(ii) by the word “Sampled” followed by the month and year of last official sampling for the purposes of certification;

(e) the species, indicated at least in Roman characters —

(i) under its botanical name, which may be given in abridged form and without the author’s name; or

(ii) under its common name; or

(iii) under both;

(f) the variety, indicated at least in Roman characters;

(g) the category;

(h) the country of production;

(i) the declared net or gross weight or declared number of seeds;

(j) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight;

(k) in the case of —

(i) basic seed which is a component of a hybrid variety and the component has been officially accepted on a National List or the Common Catalogue, the name under which the component has been officially accepted, with or without reference to the hybrid variety, accompanied, in the case of a component intended solely as a component for a hybrid variety, by the word “component”;

(ii) basic seed which is a component of a hybrid variety and the component has not been officially accepted on a National List or the Common Catalogue, the name of the component, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female) and accompanied by the word “component”; and

(iii) CS seed which is a hybrid, the name of the variety accompanied by the word “hybrid”.

10.  Where at least germination has been retested, the words “retested” followed by the month and year of retesting and the authority responsible for such retesting may be indicated on the official label referred to in paragraph 9 or on an official sticker attached to the official label.

11.  Subject to paragraph 32, a reference to any maintenance of the variety may be included on the official label referred to in paragraph 9.

12.  The minimum size of the label referred to in paragraph 9 shall be 110 mm x 67 mm.

13.  The label referred to in paragraph 9 shall be coloured white for basic seed and blue for CS seed.

14.  The label referred to in paragraph 9—

(a) shall be —

(i) an adhesive label, or

(ii) a label secured to the package by a sealing device approved by the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) shall be fixed to the package by —

(i) an authorised officer or any person being supervised by such a person, or

(ii) in a case where the package is being relabelled, by a licensed seed sampler or any person being supervised by such a person.

Supplier’s label for a small package of officially certified CS seed

15.  The package shall be labelled —

(a) subject to paragraph 31, on the outside;

(b) with a label, a printed notice or stamp containing the following information —

(i) the words “EC rules and standards”;

(ii) the name and address of the supplier responsible for affixing the label or his identification mark;

(iii) the marketing year of sealing or the marketing year of last examination of germination, which may be given by reference to the end of the marketing year;

(iv) a reference number which enables the seed lot reference number of the seed lot from which the seed in the package has been taken to be identified;

(v) the species, indicated at least in Roman characters;

(vi) the variety, indicated at least in Roman characters;

(vii) the words “certified seed” or the letter “C” or “Z”;

(viii) the declared net or gross weight or declared number of seeds except in the case of a small package of seed not exceeding 500 grams in weight; and

(ix) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight.

16.  Subject to paragraph 32, a reference to any maintenance of the variety may be included on the label, printed notice or stamp referred to in paragraph 15.

17.  The label, notice or stamp referred to in paragraph 15 shall be coloured blue.

PART V LABELLING OF PACKAGES OF STANDARD SEED

Supplier’s label for a package of standard seed other than a small package of such seed

18.  The package shall be labelled not later than the time of sealing —

(a) subject to paragraph 31, on the outside;

(b) with a label, a printed notice or stamp containing the following information —

(i) the words “EC rules and standards”;

(ii) the name and address of the supplier responsible for affixing the label or his identification mark;

(iii) the marketing year of sealing or the marketing year of last examination of germination, which may be given by reference to the end of the marketing year;

(iv) the species, indicated at least in Roman characters;

(v) the variety, indicated at least in Roman characters;

(vi) the words “standard seed”;

(vii) a reference number given by the person responsible for affixing the label which enables the seed lot from which the seed in the package has been taken to be identified;

(viii) the declared net or gross weight or declared number of seeds; and

(ix) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight.

19.  Subject to paragraph 32, a reference to any maintenance of the variety may be included on the label, printed notice or stamp referred to in paragraph 18.

20.  The minimum size of the label referred to in paragraph 18 shall be 110 mm x 67 mm.

21.  The label referred to in paragraph 18 shall be coloured dark yellow.

22.  The label referred to in paragraph 18 shall be fixed to the package by a person registered under regulation 5 of the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002(1) as a person who may label standard seed of vegetables.

Supplier’s label for a small package of standard seed other than a mixture

23.  The package shall be labelled —

(a) subject to paragraph 31, on the outside;

(b) with a label, a printed notice or stamp containing the following information —

(i) the words “EC rules and standards”;

(ii) the name and address of the supplier responsible for packing the seeds or his identification mark;

(iii) the marketing year of sealing or the marketing year of last examination of germination, which may be given by reference to the end of the marketing year;

(iv) the species, indicated at least in Roman characters;

(v) the variety, indicated at least in Roman characters;

(vi) the words “standard seed” or the letters “ST”;

(vii) a reference number given by the person responsible for affixing the label which enables the seed lot from which the seed in the package has been taken to be identified;

(viii) the declared net or gross weight or declared number of seeds except in the case of small packages not exceeding 500 grams; and

(ix) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight.

24.  Subject to paragraph 32, a reference to any maintenance of the variety may be included on the label, printed notice or stamp referred to in paragraph 23.

25.  The label referred to in paragraph 23 shall be coloured dark yellow.

26.  The label referred to in paragraph 23 shall be fixed to the package by a person registered under regulation 5 of the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002 as a person who may label standard seed of vegetables.

Supplier’s label for a small package of a mixture of standard seed

27.  The package shall be labelled —

(a) subject to paragraph 31, on the outside;

(b) with a label, a printed notice or stamp containing the following information —

(i) the words “EC rules and standards”;

(ii) the name and address of the supplier responsible for packing the seeds or his identification mark;

(iii) the marketing year of sealing;

(iv) the species, indicated at least in Roman characters;

(v) the varieties in the mixture, indicated at least in Roman characters;

(vi) the words “standard seed” or the letters “ST”;

(vii) a reference number given by the person responsible for affixing the label which enables the seed lot from which the seed in the package has been taken to be identified;

(viii) the declared net or gross weight or declared number of seeds; and

(ix) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight.

28.  Subject to paragraph 32, a reference to any maintenance of a variety included in the mixture may be included on the label, printed notice or stamp referred to in paragraph 27.

29.  The label referred to in paragraph 27 shall be coloured dark yellow.

30.  The label referred to in paragraph 27 shall be fixed to the package by a person registered under regulation 5 of the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002 as a person who may label standard seed of vegetables.

PART VI GENERAL PROVISIONS

31.  If the packaging material is transparent the label, printed notice or stamp referred to in paragraph 2, 4, 9, 15, 18, 23 or 27 may be placed inside the package provided it can be read through the packaging.

32.—(1) A reference to the maintenance of a variety shall not be included on the label, printed notice or stamp with which a package is labelled except where —

(a) the existence of the variety was a matter of common knowledge —

(i) in Belgium, France, the Federal Republic of Germany (as it was prior to German unification), Italy, Luxembourg or the Netherlands on 1st July 1970;

(ii) in Denmark, Ireland or the United Kingdom on 1st July 1973; or

(iii) in Spain on 1st March 1986.

(b) the Secretary of State has been notified that it is intended to include such a reference to the maintenance of the variety on the label; and

(c) the name of the maintenance appears after the name of the variety, is separated by a dash and is given no greater prominence than the name of the variety.

(2) In this paragraph “maintenance” means a method of maintaining standard seed of a variety entered in a National List or the Common Catalogue, such method being designated by a name chosen by the person responsible for it.

Regulation 27(2)

SCHEDULE 9 LIMITS OF VARIATION

GERMINATION

Stated minimum percentage of germination (expressed as an integer)	Limit of variation Per cent
99–100	2
97–98	3
94–96	4
91–93	5
87–90	6
82–86	7
76–81	8
69–75	9
60–68	10
50–59	11

ANALYTICAL PURITY

Stated minimum percentage of analytical purity (expressed to one decimal point)	Limit of variation Per cent
99.9–100	0.2
99.8	0.3
99.6–99.7	0.4
99.3–99.5	0.5
99.0–99.2	0.6
98.5–98.9	0.7
98.3–98.4	0.8
97.5–98.2	0.9
97.0–97.4	1.0
96.5–96.9	1.1
95.5–96.4	1.2
95.0–95.4	1.3

CONTENT OF SEEDS OF OTHER PLANT SPECIES

Stated maximum percentage of seeds of other plant species	Limit of variation
(expressed to one decimal point)	Per cent
0.0	0.1
0.1–0.2	0.3
0.3–0.4	0.4
0.5–0.6	0.5
0.7–0.9	0.6
1.0–1.4	0.7
1.5	0.8

Regulation 31

SCHEDULE 10 INDEX OF WORDS AND EXPRESSIONS USED IN THESE REGULATIONS

The expressions listed in the left-hand column of the following table are defined in the corresponding provisions listed in the right-hand column of the table —

Expression	Provision of these Regulations in which the expression is defined
the Act	Regulation 2(1)
Annex V(C) document	Regulation 2(1)
another member State	Regulation 2(1)
appropriate time	Regulation 6(4)
asparagus	Regulation 3
authorised officer	Regulation 2(1)
basic seed	Paragraph 8 of Schedule 1
beetroot	Regulation 3
blended seed lot	Regulation 2(1)
broad bean	Regulation 3
breeder	Regulation 2(1)
breeder’s seed	Regulation 2(1)
Brussels sprouts	Regulation 3
carrot	Regulation 3
cauliflower	Regulation 3
celery	Regulation 3
chard and spinach beet	Regulation 3
Chinese cabbage	Regulation 3
Common Catalogue	Regulation 2(1)
component	Regulation 2(1)
control plot	Regulation 2(1)
CS seed	Paragraph 20 of Schedule 1
cucumber and gherkin	Regulation 3
curly kale	Regulation 3
Department of Agriculture and Rural Development	Regulation 2(1)
Directive crop conditions	Regulation 2(1)
Directive seed conditions	Regulation 2(1)
EC minimum percentage of germination	Regulation 2(1)
EC officially certified basic seed of a listed variety	Paragraph 10 of Schedule 1
EC officially certified basic seed of a component of a listed hybrid variety	Paragraph 15 of Schedule 1
EC officially certified early movement basic seed of a listed variety	Paragraph 13 of Schedule 1
EC officially certified early movement basic seed of a component of a listed hybrid varietyParagraph 18 of Schedule 1
Expression	Provision of these Regulations in which the expression is defined
EC officially certified early movement CS seed of a listed variety	Paragraph 25 of Schedule 1
EC officially certified early movement pre-basic seed of a listed variety	Paragraph 6 of Schedule 1
EC officially certified CS seed of a listed variety	Paragraph 22 of Schedule 1
EC officially certified pre-basic seed of a listed variety	Paragraph 3 of Schedule 1
EEA State	Regulation 2(1)
endive	Regulation 3
entered seed lot	Regulation 2(1)
final seed test report	Regulation 12(6)
French bean	Regulation 3
genetically modified	Regulation 2(1)
germination condition	Regulation 2(1)
gourd	Regulation 3
grey label	Paragraph 29(3) of Schedule 1
homogeneous seed lot	Regulation 2(1)
kohlrabi	Regulation 3
large-leaved chicory and Witloof chicory	Regulation 3
late entered seed lot	Regulation 2(1)
leek	Regulation 3
legume	Regulation 3
lettuce	Regulation 3
licensed seed sampler	Regulation 2(1)
listed variety	Regulation 2(1)
listing	Regulation 2(1)
maintainer	Regulation 2(1)
maintenance	Paragraph 32(2) of Schedule 8
marketing	Regulation 4
marketing extension	Regulation 2(1)
marketing year	Regulation 2(1)
marrow	Regulation 3
melon	Regulation 3
member State	Regulation 2(1)
a National List	Regulation 2(1)
not finally certified basic seed harvested in another member State	Paragraph 30 of Schedule 1
not finally certified CS seed harvested in another member State	Paragraph 31 of Schedule 1
not finally certified pre-basic seed harvested in another member StateParagraph 29 of Schedule 1
official label	Regulation 2(1)
officially certified basic seed	Paragraph 19 of Schedule 1
officially certified CS seed	Paragraph 26 of Schedule 1
officially certified pre-basic seed	Paragraph 7 of Schedule 1
official measures	Regulation 2(1)
official sample	Regulation 2(1)
official UK field inspection	Regulation 2(1)
official UK seed test	Regulation 2(1)
onion	Regulation 3
overseas tested officially certified basic seed of a listed variety	Paragraph 11 of Schedule 1
overseas tested officially certified basic seed of a component of a listed hybrid variety	Paragraph 16 of Schedule 1
overseas tested officially certified CS seed of a listed variety	Paragraph 23 of Schedule 1
overseas tested officially certified pre-basic seed of a listed variety	Paragraph 4 of Schedule 1
parsley	Regulation 3
pea	Regulation 3
pre-basic seed	Paragraph 1 of Schedule 1
previously listed variety	Regulation 2(1)
properly sealed package	Regulation 23(4), (5), (7), (8), (9), (11) and (12)
qualifying seed lotRegulation 11(13)	qualifying seed test reportRegulation 6(4)
radish	Regulation 3
red cabbage	Regulation 3
registered person	Regulation 2(1)
regulation 18 authorisation	Regulation 2(1)
regulation 19 authorisation	Regulation 2(1)
runner bean	Regulation 3
Savoy cabbage	Regulation 3
Schedule 4 germination test	Regulation 2(1)
Secretary of State	Regulation 2(1)
seed industry activity	Regulation 2(1)
seed lot	Regulation 2(1)
small package	Regulation 2(1)
spinach	Regulation 3
sprouting broccoli	Regulation 3
standard seed	Paragraph 28 of Schedule 1
third country	Regulation 2(1)
tomato	Regulation 3
turnip	Regulation 3
UK officially certified basic seed of a listed variety	Paragraph 9 of Schedule 1
UK officially certified basic seed of a component of a listed hybrid variety	Paragraph 14 of Schedule 1
UK officially certified CS seed of a listed variety	Paragraph 21 of Schedule 1
UK officially certified early movement basic seed of a listed variety	Paragraph 12 of Schedule 1
UK officially certified early movement CS seed of a listed variety	Paragraph 24 of Schedule 1
UK officially certified early movement pre-basic seed of a listed variety	Paragraph 5 of Schedule 1
UK officially certified early movement basic seed of a component of a listed hybrid variety	Paragraph 17 of Schedule 1
UK officially certified pre-basic seed of a listed variety	Paragraph 2 of Schedule 1
unlisted variety	Regulation 2(1)
the Vegetable Seed Directive	Regulation 2(1)
whenever carried out	Regulation 2(1)
white cabbage	Regulation 3
writing	Regulation 2(3)

(1)

S.I. 2002/3176.