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Statutory Instruments
Seeds, England
Made
17th May 2009
Laid before Parliament
27th May 2009
Coming into force
30th June 2009
The Secretary of State, in whom the powers conferred by sections 16(1) to (5A) and 36 of the Plant Varieties and Seeds Act 1964(1) are now vested(2), makes these Regulations in exercise of those powers.
The Secretary of State has carried out a consultation in accordance with section 16(1) of that Act.
1. These Regulations may be cited as the Seed (Conservation Varieties Amendments) (England) Regulations 2009; they come into force on 30th June 2009.
2. These Regulations amend—
(a)the Beet Seed (England) Regulations 2002(3) in accordance with Part 2;
(b)the Fodder Plant Seed (England) Regulations 2002(4) in accordance with Part 3;
(c)the Cereal Seed (England) Regulations 2002(5) in accordance with Part 4; and
(d)the Oil and Fibre Plant Seed (England) Regulations 2002(6) in accordance with Part 5.
3. The Beet Seed (England) Regulations 2002 are amended as follows.
4. In regulation 2(1)—
(a)after the definition of “breeder’s seed”, insert—
““Commission Directive 2008/62” means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties(7);”;
(b)after the definition of “component”, insert—
““conservation variety” means a variety which is listed as a conservation variety in accordance with the Seeds (National Lists of Varieties) Regulations 2001(8);”.
5. After regulation 18, insert—
18A.—(1) The prohibition in regulation 14(1) does not apply to the marketing of seed of a conservation variety, provided that the requirements of this regulation are met.
(2) The seed must be descended from seed produced according to well defined practices for maintenance of the variety.
(3) The seed must have been harvested from a crop that—
(a)has been produced in the region of origin for the variety, and
(b)satisfies the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS seed for the species in question is to be produced, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision.
(4) The seed must satisfy the conditions laid down in Parts II, III and IV of Schedule 4 for CS seed for the species in question, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision.
(5) The seed may only be marketed in its region of origin.
(6) A person proposing to produce seed of a conservation variety must supply the Secretary of State, in such manner and form as the Secretary of State requires, with details in writing of the size and location of the area to be used to produce that seed.
(7) For the purposes of Articles 14 and 15(2) of Commission Directive 2008/62 (quantitative restrictions), the Secretary of State may specify the maximum amount of conservation variety seed which may be marketed in any given production season; and different maxima for different persons or classes of persons may be specified.
(8) The amount of seed marketed by a person must not exceed any maximum amount specified under paragraph (7) in relation to that person.
(9) Any person marketing seed of a conservation variety must supply the Secretary of State, on request, with details in writing of the amount and variety of the seed placed on the market during each production season.
(10) In this regulation—
(a)“official examination or examination under official supervision” means an official UK field inspection, a UK field inspection carried out under official supervision, or a seed test carried out by an official testing station or under official supervision by a licensed seed testing laboratory;
(b)“region of origin” has the meaning given to it by regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001, but also includes any other area approved by the Secretary of State for the purposes of the second paragraph of Article 11(1) of Commission Directive 2008/62.”.
6. After regulation 20(1), insert—
“(1A) A sample of seed taken from a conservation variety for the purpose of checking compliance with these Regulations must be taken from a homogeneous seed lot.”.
7.—(1) Regulation 21(9) is amended as follows.
(2) In paragraph (2), for “breeder’s seed or officially certified pre-basic, basic, CS or test and trial seed”, substitute “breeder’s seed, officially certified pre-basic, basic or CS seed, test and trial seed or seed of a conservation variety”.
(3) In paragraph (4), after “breeder’s seed”, insert “and seed of a conservation variety”.
8.—(1) Regulation 23(10) is amended as follows.
(2) In paragraph (1), for “breeder’s seed or officially certified pre-basic, basic, CS seed or test and trial seed”, substitute “breeder’s seed, officially certified pre-basic, basic or CS seed, test and trial seed or seed of a conservation variety”.
(3) In paragraph (3), after “test and trial seed”, insert “or seed of a conservation variety”.
(4) After paragraph (9A), insert—
“(9B) A package of seed of a conservation variety must be labelled—
(a)in the case of a package of seed sealed in England, in accordance with paragraph 19(11) of Schedule 8; and
(b)in the case of a package of seed sealed—
(i)i)in the United Kingdom, elsewhere than in England, or
(ii)in another member State,
in accordance with the provisions of Article 18 of Commission Directive 2008/62.”.
9. After paragraph 18(12) of Schedule 8, insert—
19.—(1) The package must be labelled, not later than the time of sealing, on the outside with a supplier’s label, or a printed or stamped notice, containing the following particulars—
(a)the words “EC rules and standards”;
(b)the name and address, or the registration number, of the person responsible for affixing the label or notice;
(c)the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word “sealed” or “sampled” (as the case may be), followed by the year in question;
(d)the species;
(e)the denomination of the conservation variety;
(f)the words “conservation variety”;
(g)the region of origin;
(h)where the region of seed production is different from the region of origin, the indication of the region of seed production;
(i)the reference number of the lot given by the person responsible for affixing the label;
(j)the declared net or gross weight or declared number of seeds; and
(k)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight.
(2) The label or notice must be coloured brown.”.
10. The Fodder Plant Seed (England) Regulations 2002 are amended as follows.
11. In regulation 2(1)—
(a)after the definition of “breeder’s seed”, insert—
““Commission Directive 2008/62” means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties;”;
(b)after the definition of “component”, insert—
““conservation variety” means a variety which is listed as a conservation variety in accordance with the Seeds (National Lists of Varieties) Regulations 2001;”.
12. After regulation 20, insert—
20A.—(1) The prohibition in regulation 15(1) does not apply to the marketing of seed of a conservation variety, provided that the requirements of this regulation are met.
(2) The seed must be descended from seed produced according to well defined practices for maintenance of the variety.
(3) The seed must have been harvested from a crop that—
(a)has been produced in the region of origin for the variety, and
(b)satisfies the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS, C1 or C2 seed (whichever is the final generation) for the species in question is to be produced, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision.
(4) The seed must satisfy the conditions laid down in Parts II, III and IV of Schedule 4 for CS, C1 or C2 seed (whichever is the final generation) for the species in question, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision.
(5) The seed may only be marketed in its region of origin.
(6) A person proposing to produce seed of a conservation variety must supply the Secretary of State, in such manner and form as the Secretary of State requires, with details in writing of the size and location of the area to be used to produce that seed.
(7) For the purposes of Articles 14 and 15(2) of Commission Directive 2008/62 (quantitative restrictions), the Secretary of State may specify the maximum amount of conservation variety seed which may be marketed in any given production season; and different maxima for different persons or classes of persons may be specified.
(8) The amount of seed marketed by a person must not exceed any maximum amount specified under paragraph (7) in relation to that person.
(9) Any person marketing seed of a conservation variety must supply the Secretary of State, on request, with details in writing of the amount and variety of the seed placed on the market during each production season.
(10) In this regulation—
(a)“official examination or examination under official supervision” means an official UK field inspection, a UK field inspection carried out under official supervision, or a seed test carried out by an official testing station or under official supervision by a licensed seed testing laboratory;
(b)“region of origin” has the meaning given to it by regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001, but also includes any other area approved by the Secretary of State for the purposes of the second paragraph of Article 11(1) of Commission Directive 2008/62.”.
13. After regulation 23(1), insert—
“(1A) A sample of seed taken from a conservation variety for the purpose of checking compliance with these Regulations must be taken from a homogeneous seed lot.”.
14.—(1) Regulation 24(13) is amended as follows.
(2) In paragraph (2)—
(a)after each of sub-paragraphs (b) and (c), omit “or”;
(b)after sub-paragraph (d), insert “or”, and after that insert—
“(e)seed of a conservation variety,”.
(3) In paragraph (4), after “breeder’s seed”, insert “and seed of a conservation variety”.
15.—(1) Regulation 26(14) is amended as follows.
(2) In paragraph (1)—
(a)after each of sub-paragraphs (b) and (c), omit “or”;
(b)after sub-paragraph (d), insert “or”, and after that insert—
“(e)seed of a conservation variety,”.
(3) In paragraph (4), after “test and trial seed”, insert “or seed of a conservation variety”.
(4) After paragraph (16A), insert—
“(16B) A package of seed of a conservation variety must be labelled—
(a)in the case of a package of seed sealed in England, in accordance with paragraph 45(15) of Schedule 8; and
(b)in the case of a package of seed sealed—
(i)i)in the United Kingdom, elsewhere than in England, or
(ii)in another member State,
in accordance with the provisions of Article 18 of Commission Directive 2008/62.”.
16. After paragraph 44(16) of Schedule 8, insert—
45.—(1) The package must be labelled, not later than the time of sealing, on the outside with a supplier’s label, or a printed or stamped notice, containing the following particulars—
(a)the words “EC rules and standards”;
(b)the name and address, or the registration number, of the person responsible for affixing the label or notice;
(c)the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word “sealed” or “sampled” (as the case may be), followed by the year in question;
(d)the species;
(e)the denomination of the conservation variety;
(f)the words “conservation variety”;
(g)the region of origin;
(h)where the region of seed production is different from the region of origin, the indication of the region of seed production;
(i)the reference number of the lot given by the person responsible for affixing the label;
(j)the declared net or gross weight or declared number of seeds; and
(k)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight.
(2) The label or notice must be coloured brown.”.
17. The Cereal Seed (England) Regulations 2002 are amended as follows.
18. In regulation 2(1)—
(a)after the definition of “the Cereal Seed Directive”, insert—
““Commission Directive 2008/62” means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties;”;
(b)after the definition of “component”, insert—
““conservation variety” means a variety which is listed as a conservation variety in accordance with the Seeds (National Lists of Varieties) Regulations 2001;”.
19. After regulation 20, insert—
20A.—(1) The prohibition in regulation 15(1) does not apply to the marketing of seed of a conservation variety, provided that the requirements of this regulation are met.
(2) The seed must be descended from seed produced according to well defined practices for maintenance of the variety.
(3) The seed must have been harvested from a crop that—
(a)has been produced in the region of origin for the variety, and
(b)satisfies the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS, C1 or C2 seed (whichever is the final generation) for the species in question is to be produced, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision.
(4) The seed must satisfy the conditions laid down in Parts II and IV of Schedule 4 for CS, C1 or C2 seed (whichever is the final generation) for the species in question, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision.
(5) The seed may only be marketed in its region of origin.
(6) A person proposing to produce seed of a conservation variety must supply the Secretary of State, in such manner and form as the Secretary of State requires, with details in writing of the size and location of the area to be used to produce that seed.
(7) For the purposes of Articles 14 and 15(2) of Commission Directive 2008/62, the Secretary of State may specify the maximum amount of conservation variety seed which may be marketed in any given production season; and different maxima for different persons or classes of persons may be specified.
(8) The amount of seed marketed by a person must not exceed any maximum amount specified under paragraph (7) in relation to that person.
(9) Any person marketing seed of a conservation variety must supply the Secretary of State, on request, with details in writing of the amount and variety of the seed placed on the market during each production season.
(10) In this regulation—
(a)“official examination or examination under official supervision” means an official UK field inspection, a UK field inspection carried out under official supervision, or a seed test carried out by an official testing station or under official supervision by a licensed seed testing laboratory;
(b)“region of origin” has the meaning given to it by regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001, but also includes any other area approved by the Secretary of State for the purposes of the second paragraph of Article 11(1) of Commission Directive 2008/62.”.
20. After regulation 23(1), insert—
“(1A) A sample of seed taken from a conservation variety for the purpose of checking compliance with these Regulations must be taken from a homogeneous seed lot.”.
21.—(1) Regulation 24(17) is amended as follows.
(2) In paragraph (2)—
(a)after each of sub-paragraphs (b) and (c), omit “or”;
(b)after sub-paragraph (d), insert “or”, and after that insert—
“(e)seed of a conservation variety,”.
(3) In paragraph (4), after “breeder’s seed”, insert “and seed of a conservation variety”.
22.—(1) Regulation 26(18) is amended as follows.
(2) In paragraph (1)—
(a)after each of sub-paragraphs (b) and (c), omit “or”;
(b)after sub-paragraph (d), insert “or”, and after that insert—
“(e)seed of a conservation variety,”.
(3) In paragraph (4), after “test and trial seed”, insert “or seed of a conservation variety”.
(4) After paragraph (13A), insert—
“(13B) A package of seed of a conservation variety must be labelled—
(a)in the case of a package of seed sealed in England, in accordance with paragraph 35(19) of Schedule 8; and
(b)in the case of a package of seed sealed—
(i)i)in the United Kingdom, elsewhere than in England, or
(ii)in another member State,
in accordance with the provisions of Article 18 of Commission Directive 2008/62.”.
23. After paragraph 34(20) of Schedule 8, insert—
35.—(1) The package must be labelled, not later than the time of sealing, on the outside with a supplier’s label, or a printed or stamped notice, containing the following particulars—
(a)the words “EC rules and standards”;
(b)the name and address, or the registration number, of the person responsible for affixing the label or notice;
(c)the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word “sealed” or “sampled” (as the case may be), followed by the year in question;
(d)the species;
(e)the denomination of the conservation variety;
(f)the words “conservation variety”;
(g)the region of origin;
(h)where the region of seed production is different from the region of origin, the indication of the region of seed production;
(i)the reference number of the lot given by the person responsible for affixing the label;
(j)the declared net or gross weight or declared number of seeds; and
(k)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight.
(2) The label or notice must be coloured brown.”.
24. The Oil and Fibre Plant Seed (England) Regulations 2002 are amended as follows.
25. In regulation 2(1)—
(a)after the definition of “breeder’s seed”, insert—
““Commission Directive 2008/62” means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties;”;
(b)after the definition of “component”, insert—
““conservation variety” means a variety which is listed as a conservation variety in accordance with the Seeds (National Lists of Varieties) Regulations 2001;”.
26. After regulation 19, insert—
19A.—(1) The prohibition in regulation 15(1) does not apply to the marketing of seed of a conservation variety, provided that the requirements of this regulation are met.
(2) The seed must be descended from seed produced according to well defined practices for maintenance of the variety.
(3) The seed must have been harvested from a crop that—
(a)has been produced in the region of origin for the variety, and
(b)satisfies the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS, C1, C2 or C3 seed (whichever is the final generation) for the species in question is to be produced, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision.
(4) The seed must satisfy the conditions laid down in Parts II and IV of Schedule 4 for CS, C1, C2 or C3 seed (whichever is the final generation) for the species in question, except for the conditions in respect of minimum varietal purity and those concerning official examination or examination under official supervision.
(5) The seed may only be marketed in its region of origin.
(6) A person proposing to produce seed of a conservation variety must supply the Secretary of State, in such manner and form as the Secretary of State requires, with details in writing of the size and location of the area to be used to produce that seed.
(7) For the purposes of Articles 14 and 15(2) of Commission Directive 2008/62 (quantitative restrictions), the Secretary of State may specify the maximum amount of conservation variety seed which may be marketed in any given production season; and different maxima for different persons or classes of persons may be specified.
(8) The amount of seed marketed by a person must not exceed any maximum amount specified under paragraph (7) in relation to that person.
(9) Any person marketing seed of a conservation variety must supply the Secretary of State, on request, with details in writing of the amount and variety of the seed placed on the market during each production season.
(10) In this regulation—
(a)“official examination or examination under official supervision” means an official UK field inspection, a UK field inspection carried out under official supervision, or a seed test carried out by an official testing station or under official supervision by a licensed seed testing laboratory;
(b)“region of origin” has the meaning given to it by regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001, but also includes any other area approved by the Secretary of State for the purposes of the second paragraph of Article 11(1) of Commission Directive 2008/62.”.
27. After regulation 23(1), insert—
“(1A) A sample of seed taken from a conservation variety for the purpose of checking compliance with these Regulations must be taken from a homogeneous seed lot.”.
28.—(1) Regulation 24(21) is amended as follows.
(2) In paragraph (3)—
(a)after each of sub-paragraphs (b) and (c), omit “or”;
(b)after sub-paragraph (d), insert “or”, and after that insert—
“(e)seed of a conservation variety,”.
(3) In paragraph (5), after “breeder’s seed”, insert “and seed of a conservation variety”.
29.—(1) Regulation 26(22) is amended as follows.
(2) In paragraph (1), for “applies or test and trial seed”, substitute “applies, test and trial seed or seed of a conservation variety”.
(3) In paragraph (3), after “test and trial seed”, insert “or seed of a conservation variety”.
(4) After paragraph (12A), insert—
“(12B) A package of seed of a conservation variety must be labelled—
(a)in the case of a package of seed sealed in England, in accordance with paragraph 39(23) of Schedule 8; and
(b)in the case of a package of seed sealed—
(i)i)in the United Kingdom, elsewhere than in England, or
(ii)in another member State,
in accordance with the provisions of Article 18 of Commission Directive 2008/62.”.
30. After paragraph 38(24) of Schedule 8, insert—
39.—(1) The package must be labelled, not later than the time of sealing, on the outside with a supplier’s label, or a printed or stamped notice, containing the following particulars—
(a)the words “EC rules and standards”;
(b)the name and address, or the registration number, of the person responsible for affixing the label or notice;
(c)the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word “sealed” or “sampled” (as the case may be), followed by the year in question;
(d)the species;
(e)the denomination of the conservation variety;
(f)the words “conservation variety”;
(g)the region of origin;
(h)where the region of seed production is different from the region of origin, the indication of the region of seed production;
(i)the reference number of the lot given by the person responsible for affixing the label;
(j)the declared net or gross weight or declared number of seeds; and
(k)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight.
(2) The label or notice must be coloured brown.”.
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
17th May 2009
(This note is not part of the Regulations)
These Regulations amend four sets of Regulations to implement, in England, Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties, in so far as it relates to seed production and marketing (OJ No L 162, 21.6.08, p 13).
Part 2 amends the Beet Seed (England) Regulations 2002 (S.I. 2002/3171). Regulation 5 inserts a new provision to allow the marketing of seed of a conservation variety (“conservation variety” is defined in regulation 4), and regulations 6 to 9 make consequential amendments to provisions dealing with sampling, packaging and labelling.
Similar amendments are made in Part 3 to the Fodder Plant Seed (England) Regulations 2002 (S.I. 2002/3172), in Part 4 to the Cereal Seed (England) Regulations 2002 (S.I. 2002/3173) and in Part 5 to the Oil and Fibre Plant Seed (England) Regulations 2002 (S.I. 2002/3174).
An impact assessment has been prepared for this instrument and has been placed in the library of both Houses of Parliament. Copies can be obtained from the Department for Environment, Food and Rural Affairs, Plant Variety Rights Office and Seeds Division, Whitehouse Lane, Huntingdon Road, Cambridge CB3 0LF.
1964 c. 14. Section 16 has been amended by the European Communities Act 1972 (c. 68), section 4 and Schedule 4, paragraph 5; S.I. 1977/1112, and the Agriculture Act 1986 (c. 49), section 2.
See section 38(1) for the definition of “the Minister”. Under S.I. 2002/794 the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 which remained vested in that Minister at the date of that instrument were transferred to the Secretary of State.
S.I. 2002/3171, amended by S.I. 2004/2385, 2005/2671, 2006/2314 and 2007/1872.
S.I. 2002/3172, amended by S.I. 2004/2387, 2005/2673, 2006/2314 and 2007/1872.
S.I. 2002/3173, amended by S.I. 2004/2386, 2005/2672, 2006/2314 and 2007/1872.
S.I. 2002/3174, amended by S.I. 2003/3101, 2004/2388, 2006/2674 and 2314, and 2007/1872.
OJ No L 162, 21.6.08, p 13.
S.I. 2001/3510; relevant amendments are S.I. 2004/2949, 2007/1871 and S.I. 2009/1273.
Regulation 21 has been amended by S.I. 2004/2385 and 2006/2314.
Regulation 23 has been amended by S.I. 2004/2385, 2006/2314 and 2007/1872.
Paragraph 19 is inserted by regulation 9.
Paragraph 18 was inserted by S.I. 2006/2314.
Regulation 24 has been amended by S.I. 2004/2387 and 2006/2314.
Regulation 26 has been amended by S.I. 2004/2387, 2006/2314, and 2007/1872.
Paragraph 45 is inserted by regulation 16.
Paragraph 44 was inserted by S.I. 2006/2314.
Regulation 24 has been amended by S.I. 2004/2386 and 2006/2314.
Regulation 26 has been amended by S.I. 2004/2386, 2006/2314 and 2007/1872.
Paragraph 35 is inserted by regulation 23.
Paragraph 34 was inserted by S.I. 2006/2314.
Regulation 24 has been amended by S.I. 2004/2388 and 2006/2314.
Regulation 26 has been amended by S.I. 2003/3101, 2004/2388, 2006/2314 and 2007/1872.
Paragraph 39 is inserted by regulation 30.
Paragraph 38 was inserted by S.I. 2006/2314.
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Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
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