The Seed Marketing Regulations 2010

PART 1 Introduction

Title, application and commencement

1.  These Regulations may be cited as the Seed Marketing Regulations 2010; they apply in England and come into force on 22nd November 2010.

Meaning of “marketing”

2.—(1) In these Regulations “ marketing” means the sale, holding with a view to sale, offer for sale or any disposal, supply or transfer aimed in each case at commercial exploitation of seed to third parties, whether or not for consideration.

(2) But marketing does not include trade that is not aimed at commercial exploitation, such as—

(a) the supply of seed to official testing and inspection bodies; or

(b) the supply of seed to a person who provides processing services but who does not acquire title to the seed.

Interpretation of other terms

3.—(1) For the purposes of these Regulations—

(a) the “United Kingdom National List” is the list of plant varieties published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001(1);

(b) the “Common Catalogue” is the catalogue provided for in Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species(2) and in Council Directive 2002/55/EC on the marketing of vegetable seed(3).

(2) In these Regulations all references to—

(a) Council Directive 2002/54/EC on the marketing of beet seed(4),

(b) Council Directive 66/402/EEC on the marketing of cereal seed(5),

(c) Council Directive 66/401/EEC on the marketing of fodder plant seed(6),

(d) Council Directive 2002/57/EEC on the marketing of seed and fibre plants(7),

(e) Council Directive 2002/55/EEC on the marketing of vegetable seed(8),

are references to those Directives as amended from time to time.

(1)

S. I. 2001/3510 as amended by S. I. 2004/2949, 2007/1871, 2008/2683, 2009/1273 and 2010/1195.

(2)

OJ No L 193, 20.7.2002, p. 1 as last amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council, OJ No L268, 18.10.2003, p. 1.

(3)

OJ No L 193, 20.7.2002, p. 33 as last amended by Commission Decision 2009/145/EC. OJ No L 312, 27.11.2009, p. 44.

(4)

OJ No L 193, 20.7.2002, p. 12 as last amended by Council Directive 2004/117/EC (OJ No L 14, 18.1.2005, p. 18).

(5)

OJ No L 125, 11.7.1966, p. 2309 as last amended by Commission Directive 2009/74/EC (OJ No L 166, 27.6.2009, p. 40.

(6)

OJ No L 125, 11.7.1966, p. 2298 as last amended by Commission Directive 2009/74/EC, OJ No L 166, 27.6.2009, p. 40.

(7)

OJ No L 193, 20.7.2002, p. 74 as last amended by Commission Directive 2009/74/EC, OJ No L 166, 27.6.2009, p. 40.

(8)

OJ No L 193, 20.7.2002, p. 33 as last amended by Commission Decision 2009/145/EC, OJ No L 312, 27.11.2009, p. 44.