The Oil and Fibre Plant Seed (Wales) Regulations 2004

Seed testing

11.—(1) Subject to paragraphs (2), (3) and (4), an application may be made to a licensed seed testing station by a registered person for the testing of an official sample of a qualifying seed lot of —

(a) seed as pre-basic seed (“a regulation 11(1)(a) seed lot”);

(b) seed as basic seed (“a regulation 11(1)(b) seed lot”);

(c) black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape or white mustard seed as CS seed (“a regulation 11(1)(c) seed lot”);

(d) flax, linseed, monoecious hemp or soya bean seed as C1 seed (“a regulation 11(1)(d) seed lot”);

(e) flax, linseed, monoecious hemp or soya bean seed as C2 seed (“a regulation 11(1)(e) seed lot”); or

(f) flax seed as C3 seed (“a regulation 11(1)(f) seed lot”).

(2) An application made under this regulation shall not be made in respect of seed of a variety that is not listed, or seed of a component of a hybrid variety that is not listed, unless —

(a) an application for listing of the variety or hybrid variety has been made which has not been withdrawn or finally determined; or

(b) a marketing extension is in force in respect of the variety or hybrid variety.

(3) An application made under this regulation may be considered by the National Assembly for Wales instead of a licensed seed testing station.

(4) If permitted by the National Assembly for Wales, an application made under this regulation may be made to it instead of a licensed seed testing station.

(5) An application made under this regulation —

(a) shall be made in such form and manner and at such time as the National Assembly for Wales may require, and

(b) shall be accompanied by an official sample of the seed to be tested and such other information, material, seeds, records, illustrations and other documents as the National Assembly for Wales may require.

(6) Following the receipt of an application made under this regulation the licensed seed testing station (or the National Assembly for Wales in a case where paragraph (3) or (4) applies) shall, subject to paragraph (7), test seed taken from the official sample provided under paragraph (5)(b) to determine whether it meets the conditions laid down in Part II of Schedule 4 —

(a) for the category of seed for which the application is being made, and

(b) unless requested not to do so by the applicant, for any other category of seed to which paragraph (14) applies.

(7) Where a seed test report has previously been issued by a licensed seed testing station (or the National Assembly for Wales in a case where paragraph (3) or (4) applies) in accordance with paragraph (8)(a), (9), (10), (11) or (12) in respect of a seed lot, the licensed seed testing station (or the National Assembly for Wales in a case where paragraph (3) or (4) applies) may decide not to test any further official sample of that seed lot for the purposes of paragraph (6) if the information contained in the previously issued report contains sufficient information to enable it (or the National Assembly for Wales) to determine that the official sample would meet the conditions laid down in Part II of Schedule 4 —

(a) for the appropriate category of seed, and

(b) where applicable, for any other category of seed to which paragraph (14) applies.

(8) Subject to paragraph (13), where —

(a) the official sample is found to satisfy the conditions laid down in Part II of Schedule 4 for

(i) the appropriate category of seed, and

(ii) where applicable, for any other category of seed to which paragraph (14) applies, or

(b) the provisions of paragraph (7) apply,

the licensed seed testing station (or the National Assembly for Wales where paragraph (3) or (4) applies) shall issue a seed test report to the applicant stating (by reference to the relevant category or categories of seed) that the seed lot has been found to meet those conditions.

(9) Subject to paragraph (13), where it has been determined, by way of a Schedule 4 germination test, that the official sample taken from a regulation 11(1)(a) or (b) seed lot will not meet the applicable germination condition but the sample is found to satisfy all the other conditions laid down in Part II of Schedule 4 for the appropriate category of seed, the licensed seed testing station (or the National Assembly for Wales where paragraph (3) or (4) applies), shall issue a seed test report to the applicant containing a statement to that effect.

(10) Where (otherwise than in connection with a retest of the seed) the results of a Schedule 4 germination test of an official sample of a seed lot referred to in paragraph (1) are awaited, and, except for the result of that test, the official sample has otherwise been found to meet the other conditions laid down in Part II of Schedule 4 —

(a) for the appropriate category of seed, and

(b) where applicable, for any other category of seed to which paragraph (14) applies,

the licensed seed testing station (or the National Assembly for Wales in a case where paragraph (3) or (4) applies), shall, subject to paragraph (13), issue an interim seed test report to the applicant stating that the results of the Schedule 4 germination test for the official sample are awaited but that it has otherwise been found to meet the other conditions laid down in Part II of Schedule 4 for the appropriate category of seed, and, where applicable, for any other category of seed to which paragraph (14) applies.

(11) Where, following the issue of an interim seed test report under paragraph (10), the tested seed is found to meet the applicable germination condition for the appropriate category of seed, the licensed seed testing station (or the National Assembly for Wales in a case where paragraph (3) or (4) applies), shall, subject to paragraph (13), issue a seed test report to the applicant stating that the official sample has been found to meet the conditions laid down in Part II of Schedule 4 for the appropriate category of seed, and, where applicable, for any other category of seed to which paragraph (14) applies.

(12) Subject to paragraphs (9) and (10), where an official sample of a seed lot referred to in paragraph (1) is found not to satisfy the applicable germination condition for the appropriate category of seed, the licensed seed testing station (or the National Assembly for Wales in a case where paragraph (3) or (4) applies) shall issue and send to the applicant a seed test report —

(a) stating that the official sample has been found not to meet those conditions, and

(b) subject to paragraph (13), in a case where the seed has been tested to determine whether it meets the conditions laid down in Part II of Schedule 4 for any category of seed to which paragraph (14) applies, stating (by reference to the relevant category) whether the seed has been found to meet the conditions for any such category.

(13) If it appears to the National Assembly for Wales that an official sample of the seed lot taken for the purpose of a test in order to ascertain whether it met the appropriate conditions laid down in Part II of Schedule 4 was not taken in accordance with the requirements of regulation 23 the National Assembly for Wales may —

(a) in a case where paragraph (3) or (4) applies, refuse to issue a seed test report in accordance with paragraph (8), (9), (10), (11) or (12)(b), and, in such a case, shall notify the applicant of its decision and the reason for it, or

(b) in a case where paragraph (3) or (4) does not apply, direct the licensed seed testing station to refuse to issue a seed test report in accordance with those paragraphs and the licensed seed testing station shall comply with that direction and shall notify the applicant of the reason for its refusal to issue the report.

(14) This paragraph applies to the following categories of seed —

(a) in the case of an application made under this regulation relating to a regulation 11(1)(a) seed lot of flax to the categories of basic, C1, C2 and C3 seed;

(b) in the case of an application made under this regulation relating to a regulation 11(1)(a) seed lot of linseed, monoecious hemp or soya bean, to the categories of basic, C1 and C2 seed;

(c) in the case of an application made under this regulation relating to a regulation 11(1)(a) seed lot of black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape or white mustard, other than a component used in the production of a hybrid variety, to the categories of basic and CS seed;

(d) in the case of an application made under this regulation relating to a regulation 11(1)(a) seed lot of a component used in the production of a hybrid variety, to the category of basic seed;

(e) in the case of an application made under this regulation relating to a regulation 11(1)(b) seed lot of flax to the categories of pre-basic, C1, C2 and C3 seed;

(f) in the case of an application made under this regulation relating to a regulation 11(1)(b) seed lot of linseed, monoecious hemp or soya bean, to the categories of pre-basic, C1 and C2 seed;

(g) in the case of an application made under this regulation relating to a regulation 11(1)(b) seed lot of black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape or white mustard, other than a component of a hybrid variety to the categories of pre-basic and CS seed;

(h) in the case of an application made under this regulation relating to a regulation 11(1)(b) seed lot of a component of a hybrid variety, to the category of pre-basic seed;

(i) in the case of an application made under this regulation relating to a regulation 11(1)(d) seed lot of flax, to the categories of C2 and C3 seed;

(j) in the case of an application made under this regulation relating to a regulation 11(1)(d) seed lot of linseed, monoecious hemp or soya bean, to the category of C2 seed; and

(k) in the case of an application made under this regulation relating to a regulation 11(1)(e) seed lot of flax, to the category of C3 seed.

(15) In this regulation “qualifying seed lot” means a seed lot —

(a) containing seed harvested from a crop produced in Wales for which a field inspection report has been issued in accordance with —

(i) regulation 8(9);

(ii) regulation 8(10);

(iii) regulation 8(11) in a case where the crop has been found to meet the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any category of seed referred to in regulation 8(11)(b); or

(iv) regulation 8(12) in a case where the crop has been found to meet the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any category of seed referred to in regulation 8(12)(b);

(b) containing seed harvested from a crop produced in the United Kingdom elsewhere than in Wales —

(i) in respect of which the National Assembly for Wales has received confirmation of crop approval by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development (as the case may be) that the crop meets conditions equivalent to those laid down in Schedule 3 and Part I of Schedule 4, or

(ii) for which a copy of the field inspection report relating to the crop has been lodged with the National Assembly for Wales in accordance with regulation 9; or

(c) imported into the United Kingdom as —

(i) not finally certified pre-basic, basic, CS, C1, C2 or C3 seed harvested in another member State and for which the Annex V(C) document relating to the crop from which the seed in the seed lot was harvested has been lodged with the National Assembly for Wales in accordance with regulation 9, or

(ii) not finally certified CS or C1 seed harvested in an equivalent third country and for which the Part II.A(3) official certificate relating to the crop from which the seed in the seed lot was harvested has been lodged with the National Assembly for Wales in accordance with regulation 9.