The Beet Seeds Regulations (Northern Ireland) 2009

PART 3 Control of beet seed

Marketing of seed

14.—(1) Subject to paragraph (2) and regulations 17 to 20 , a person shall not market any seed to which these Regulations apply except for seed listed in Schedule 6.

(2) Paragraph (1) shall not apply to the marketing of seed, as grown, for processing, provided that the identity of the seed is ensured.

(3) Any person marketing seed that has been imported from a third country and exceeds two kilograms shall supply the Department, in writing and within one month of the first marketing of the seed, with the following particulars relating to the seed—

(a) the species;

(b) the variety;

(c) the category;

(d) the country of production and the official inspection authority;

(e) the country of despatch;

(f) the importer; and

(g) the quantity of seed.

Marketing of officially certified lower germination seed

15.  A person shall not market officially certified pre-basic or basic seed that has been found by the competent seed certification authority that certified the seed not to satisfy the germination condition for such seed, or (regardless of the findings of the competent seed certification authority) the person marketing the seed knows does not satisfy that condition, unless—

(a) the official label contains a statement that the minimum percentage of germination of the seed is less than the EC minimum percentage of germination for the relevant category of seed;

(b) the person marketing the seed guarantees a specific minimum percentage of germination for the seed; and

(c) another label is attached to the outside of the package containing the seed specifying the specific minimum percentage of germination guaranteed by the person marketing the seed, his name and address and the reference number of the seed lot.

Marketing of officially certified early movement seed

16.—(1) A person shall not market officially certified early movement pre-basic or basic seed unless—

(a) he guarantees a minimum percentage of germination for the seed that is—

(i) the same as the EC minimum percentage of germination for the relevant species of seed and the same as or less than the percentage of germination for the seed ascertained by the provisional analysis on which the certification of the seed was based, or

(ii) less than the EC minimum percentage of germination for the relevant species of seed and the same as the percentage of germination ascertained by the provisional analysis on which the certification of the seed was based, and

(b) he provides the purchaser, upon or before delivery of the seed, with a statement—

(i) stating that the seeds are being marketed before the completion of the official germination test;

(ii) specifying the guaranteed minimum percentage of germination; and

(iii) specifying the name and address of the person marketing the seed and the reference number of the seed lot.

(2) A person shall not market officially certified early movement CS seed unless—

(a) he guarantees a minimum percentage of germination for the seed that is—

(i) the same as the EC minimum percentage of germination for the relevant species of seed, and

(ii) the same as, or less than, the percentage of germination for the seed ascertained by the provisional analysis on which the certification of the seed was based, and

(b) he provides the purchaser, upon or before delivery of the seed, with a statement—

(i) stating that the seeds are being marketed before the completion of the official germination test;

(ii) specifying the guaranteed minimum percentage of germination; and

(iii) specifying the name and address of the person marketing the seed and the reference number of the seed lot.

(3) Where any person—

(a) markets seed in accordance with paragraph (1) or (2), and

(b) the official germination test shows that the percentage of germination of the seed is less than the minimum percentage of germination guaranteed in accordance with the requirements of paragraph (1)(a) or (2)(a) as the case may be,

he shall provide the purchaser with the result of the completed official germination test as soon as practicable and, in any event, not later than seven days after being informed of it.

Exception for scientific purposes and selection work

17.—(1) The prohibition in regulation 14(1) shall not apply to the marketing by a producer of small quantities of seed for scientific purposes or selection work for which—

(a) an authorisation has been granted to the producer by the Department in accordance with this regulation, or

(b) an authorisation has been granted to the producer by or on behalf of—

(i) the Secretary of State;

(ii) the Scottish Ministers;

(iii) the National Assembly for Wales; or

(iv) a competent seed certification authority in another member State, pursuant to Article 6(1)(a) of the Beet Seed Directive.

(2) A producer in Northern Ireland may apply to the Department for a regulation 17 authorisation.

(3) An application made under this regulation shall be made in such form and manner and at such time as the Department shall require and shall be accompanied by such information as the Department may require for the purpose of determining whether to grant an authorisation.

(4) The Department shall not grant a regulation 17 authorisation in respect of seed of a genetically modified variety unless an authorisation is in force in respect of the variety concerned under either—

(a) Part C of the Deliberate Release Directive; or

(b) the Food and Feed Regulation.

(5) A regulation 17 authorisation may—

(a) specify the amount of seed that may be marketed under it, and

(b) impose such conditions as the Department may think necessary or desirable having regard to the nature of the scientific purpose or selection work involved and the nature of the seed to which the authorisation relates, including a condition relating to the keeping of records in respect of the marketing of the seed.

Exception for test and trials

18.—(1) The prohibition in regulation 14(1) shall not apply to the marketing by a producer of seed for test and trial purposes in accordance with—

(a) an authorisation which has been granted to the producer by the Department in accordance with this regulation; or

(b) an authorisation which has been granted to the producer by or on behalf of—

(i) the Secretary of State;

(ii) the Scottish Ministers;

(iii) the National Assembly for Wales; or

(iv) a competent seed certification authority in another member State,

in accordance with Article 2(1) of the 2004 Commission Decision.

(2) A producer shall not market test and trial seed—

(a) except for the purposes of tests or trials carried out at agricultural enterprises to gather information on the cultivation or use of a variety of a beet species specified in Schedule 2;

(b) unless a field inspection report has been issued by the Department or by a licensed crop inspector stating that the crop satisfies the conditions for CS seed laid down in Schedule 3;

(c) unless a seed test report has been issued by the Department or by a licensed seed testing station stating that the seed satisfies the conditions for CS seed laid down in Schedule 4; or

(d) if such marketing would contravene a prohibition on the use of the variety published by the Department in the gazette that complies with Article 14 of the 2004 Commission Decision.

(3) A producer of seed established in Northern Ireland may apply to the Department for the grant or renewal of a regulation 18 authorisation.

(4) A regulation 18 authorisation granted by the Department shall last for a period of one year or such shorter period as the Department may specify.

(5) An application for authorisation or renewal of a regulation 18 authorisation shall be made in writing to the Department and shall be accompanied by such information as the Department may require.

(6) The Department shall not grant a regulation 18 authorisation unless it is satisfied that—

(a) the seed is of a variety for which an application has been made by the producer under regulation 4(1)(a) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a National List and which application has not been withdrawn or finally determined; and

(b) in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety under either—

(i) Part C of the Deliberate Release Directive; or

(ii) the Food and Feed Regulation.

(7) The Department shall not authorise marketing of an amount of seed in excess of that permitted by Article 7 of the 2004 Commission Decision.

(8) A regulation 18 authorisation may impose such conditions as the Department may think necessary or desirable having regard to the nature of the test or trial and the nature of the seed to which the authorisation relates.

(9) The Department may withdraw a regulation 18 authorisation where there is a breach of any condition referred to in paragraph (8).

(10) A regulation 18 authorisation shall cease to have effect where the application referred to in paragraph (6)(a) is withdrawn or rejected or the variety is entered in a National List or the Common Catalogue.

(11) The Department may require a producer to whom a regulation 18 authorisation has been granted to provide it with information about—

(a) the results of the tests and trials to which the authorisation relates; or

(b) the quantities of seed marketed during the authorised period and the name of the member State for which the seed was destined.

(12) A producer to whom a regulation 18 authorisation has been granted shall, within such period as is specified by the Department, lodge copies of the reports referred to in paragraphs (2)(b) and (c) with him.

Exception for conservation varieties

19.—(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 1 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 2, 3 and 4 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 Department, in such manner and form as the Department 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 Department 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 Department, 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 Department for the purposes of the second paragraph of Article 11(1) of Commission Directive 2008/62.

General exemptions

20.—(1) The prohibition in regulation 14(1) shall not apply to the marketing of seed that is authorised by a general licence made by the Department under this regulation but in all other respects the provisions of these Regulations shall continue to apply in relation to the marketing of the seed.

(2) Subject to paragraph (3), the Department may, by a general licence, exempt any person or class of persons, or persons generally, from compliance with any provision of these Regulations.

(3) The Department shall not exercise the power to issue a general licence under paragraph (2) except—

(a) to the extent that the provisions of the general licence are permitted in accordance with a temporary experiment organised under Article 19 of the Beet Seed Directive;

(b) to give effect to the provisions of a Council Decision made under Article 23 of the Beet Seed Directive and amendments made to such a Decision; or

(c) to the extent that the provisions of the general licence are permitted in accordance with measures taken pursuant to Article 24 of the Beet Seed Directive.

(4) A general licence issued under paragraph (2)—

(a) shall have effect during the period specified in it unless the Department revokes it earlier, and

(b) may impose such conditions as the Department may think necessary or desirable having regard to the marketing permitted by the general licence and the nature of the seed to which it relates, including a condition relating to the keeping of records in respect of the marketing of the seed.

Sampling

21.—(1) A sample of seeds taken in connection with a regulation 5, 10 or 12 application shall be drawn—

(a) by—

(i) an authorised officer, or

(ii) a licensed seed sampler acting under the supervision of the authority who appointed him;

(b) in accordance with the method laid down in Schedule 5 of the Seed (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009; and

(c) from a homogeneous seed lot.

(2) 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.

(3) Subject to paragraph (4), the maximum weight of a seed lot shall be that specified in Part 1 of Schedule 7.

(4) A seed lot may exceed the maximum weight for a seed lot set out in Part 1 of Schedule 7 by not more than 5%.

(5) The minimum weight of a sample shall be that specified in Part 2 of Schedule 7.

(6) The minimum weight of a sample for a moisture test shall be that specified in Part 3 of Schedule 7.

(7) If a sample of seeds submitted or taken in connection with a regulation 5, 10 or 12 application—

(a) is found not to have been taken in accordance with paragraph (1);

(b) is taken from a seed lot that does not comply with paragraph (2); or

(c) does not comply with paragraph (4) or (5),

no further use of that sample shall be made under these Regulations, and any findings or results already obtained from testing seed taken from that sample, or from inspecting plants grown in a control plot that has been sown with seed from that sample, shall be disregarded.

Packaging

22.—(1) A person shall not market any officially certified pre-basic, basic or CS seed unless it is marketed in a sufficiently homogeneous seed lot or in part of such a seed lot.

(2) Subject to paragraph (3), a person shall not market breeder’s seed, officially certified pre-basic, basic or CS seed, test and trial seed or seed of a conservation variety unless it is in a properly sealed package.

(3) Except in relation to test and trial seed, paragraph (2) shall not apply in the case of the marketing of seed not exceeding 2.5 kilograms in weight to the final consumer.

(4) In this regulation, in the case of breeder’s seed and seed of a conservation variety, “properly sealed package” means a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.

(5) In this regulation, in the case of a package of officially certified pre-basic, basic or CS seed, other than a small EC package of basic or CS seed, that has been sealed only once “properly sealed package” means—

(a) in the case of a package of seed sealed in Northern Ireland, a sealed package of seed that has been sealed—

(i) no later than at the time of official sampling;

(ii) by a person to whom regulation 23(6) applies;

(iii) using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal; and

(iv) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package;

(b) in the case of a package of seed sealed in—

(i) the United Kingdom, elsewhere than in Northern Ireland, or

(ii) another member State,

a sealed package of seed that has been sealed in accordance with the provisions of Article 11(1) of the Beet Seed Directive;

(c) in the case of a package of seed sealed in an equivalent third country, a sealed package of seed that has been sealed in accordance with the provisions of paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision.

(6) In this regulation, in the case of a small EC package of officially certified basic or CS seed that has been sealed only once “properly sealed package” means—

(a) in the case of a package of seed sealed in Northern Ireland, a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package, and

(b) in the case of a package of seed sealed in—

(i) the United Kingdom, elsewhere than in Northern Ireland, or

(ii) another member State,

a sealed package of seed that has been sealed in accordance with the relevant provisions of Article 11(3) of the Beet Seed Directive.

(7) In this regulation, in the case of a package of officially certified pre-basic, basic or CS seed, other than a small EC package of basic or CS seed, that has been sealed more than once, “properly sealed package” means—

(a) in the case of a package of seed that has been resealed in Northern Ireland, a sealed package of seed that, on each occasion it has been resealed, has been resealed—

(i) by a person to whom regulation 23(6) applies, and

(ii) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package;

(b) in the case of a package of seed that has been resealed in—

(i) the United Kingdom, elsewhere than in Northern Ireland, or

(ii) another member State,

a sealed package of seed that, on each occasion it has been resealed, has been sealed in accordance with the provisions of Article 11(2) of the Beet Seed Directive; and

(c) in the case of seed that has been resealed in an equivalent third country, a sealed package of seed that, on each occasion it has been resealed, has been resealed in accordance with the provisions of paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision.

(8) In this regulation, in the case of a small EC package of officially certified basic or CS seed that has been sealed more than once, “properly sealed package” means—

(a) in the case of a package of seed that has been resealed in Northern Ireland, a sealed package of seed that, on each occasion it has been resealed, has been resealed—

(i) by a person to whom regulation 23(6) applies, and

(ii) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package, and

(b) in the case of a package of seed that has been resealed in—

(i) the United Kingdom, elsewhere than in Northern Ireland, or

(ii) another member State,

a sealed package of seed that, on each occasion it has been resealed, has been resealed in accordance with the provisions of Article 11(3) of the Beet Seed Directive.

(9) In this regulation, in the case of test and trial seed, “a properly sealed package” means—

(a) in the case of a package of seed sealed in Northern Ireland, a package of seed that has been sealed—

(i) by a person to whom regulation 23(6) applies;

(ii) using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal; and

(iii) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package; and

(b) in the case of a package of seed sealed in—

(i) the United Kingdom, elsewhere than in Northern Ireland, or

(ii) another member State,

a package of seed that has been sealed in accordance with the provisions of Article 8 of the 2004 Commission Decision

Sealing of packages

23.—(1) Subject to paragraph (2), a person shall not seal a package of officially certified pre-basic, basic or CS seed except a person to whom paragraph (6) applies.

(2) Paragraph (1) shall not apply to the sealing of a small EC package of officially certified basic or CS seed.

(3) Subject to paragraph (4), no person shall reseal a package (including a small EC package) of officially certified pre-basic, basic or CS seed except a person to whom paragraph (6) applies.

(4) Paragraph (3) shall not apply where a package has been resealed which had previously been opened by the final consumer of the seed for the purpose of using some of the seed in the package.

(5) A person shall not seal or reseal a package of test and trial seed except a person to whom paragraph (6) applies.

(6) This paragraph applies to—

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

(b) a licensed seed sampler and any person being supervised by such a person.

Labelling of packages

24.—(1) Subject to paragraphs (2) and (3), a person shall not market any breeder’s seed, officially certified pre-basic, basic or CS seed, test and trial seed or seed of a conservation variety except in a package that is labelled in accordance with the following paragraphs of this regulation.

(2) Paragraph (1) shall not apply to the marketing of seed, as grown, for processing provided the identity of the seed is ensured.

(3) A person may market any seeds, other than test and trial seed or seed of a conservation variety, otherwise than in a package that complies with the other provisions of this regulation where—

(a) the seeds are sold in a quantity not exceeding 2.5 kilograms, and

(b) the seeds are taken, in the presence of the final consumer, from a container on which there is clearly and visibly marked or near which there is clearly and visibly displayed a statement containing particulars of the matters specified in paragraph 1 of Schedule 8.

(4) A package of breeder’s seed shall be labelled in accordance with paragraphs 2 and 3 of Schedule 8.

(5) A package of officially certified pre-basic seed shall be labelled—

(a) in the case of a package of seed sealed in Northern Ireland, in accordance with paragraphs 4 to 7 of Schedule 8;

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in Northern Ireland, or

(ii) in another member State,

in accordance with the provisions of Article 21(c) of the Beet Seed Directive; and

(c) in the case of a package of seed sealed in an equivalent third country, in accordance with the provisions of paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision.

(6) A package (other than a small EC package) of officially certified basic or CS seed shall be labelled—

(a) in the case of a package of seed sealed in Northern Ireland, in accordance with paragraphs 8 to 12 of Schedule 8;

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in Northern Ireland, or

(ii) in another member State,

in accordance with the provisions of Article 12(a) of the Beet Seed Directive; and

(c) in the case of a package of seed sealed in an equivalent third country, in accordance with the provisions of paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision as they apply to basic or CS seed.

(7) A small EC package of officially certified basic or CS seed shall be labelled—

(a) in the case of a package of seed sealed in Northern Ireland, in accordance with paragraphs 13 to 15 of Schedule 8, and

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in Northern Ireland, or

(ii) in another member State,

in accordance with the provisions of Article 13 of the Beet Seed Directive.

(8) A package (other than a small EC package) of officially certified basic or CS seed shall contain a document which—

(a) in the case of a package of seed sealed in Northern Ireland—

(i) is of the same colour as the official label fixed to the outside of the package in accordance with the provisions of paragraph (6)(a), and

(ii) contains the particulars specified in paragraph 8(c), (e), (f), (g) and (l) or (m) of Schedule 8;

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in Northern Ireland, or

(ii) in another member State,

is in accordance with the provisions of Article 12(b) of the Beet Seed Directive; and

(c) in the case of a package of seed sealed in an equivalent third country, is in accordance with the provisions of paragraph 3.3 of Part B of Annex II to the Third Country Equivalence Decision as they apply to basic or CS seed.

(9) The provisions of paragraph (8) shall not apply if—

(a) the particulars specified in paragraph (8)(a)(2) are printed indelibly on the outside of the package, or

(b) the official label is an adhesive or a tear resistant label.

(10) A package of test and trial seed shall be labelled—

(a) in the case of a package of seed sealed in Northern Ireland, in accordance with paragraphs 16, 17 and 18 of Schedule 8; and

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in Northern Ireland, or

(ii) in another member State,

in accordance with the provisions of Article 9 of the 2004 Commission Decision.

(11) A package of seed of a conservation variety must be labelled—

(a) in the case of a package of seed sealed in Northern Ireland, in accordance with paragraph 19 of Schedule 8; and

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in Northern Ireland, or

(ii) in another member State,

in accordance with the provisions of Article 18 of Commission Directive 2008/62.

(12) In the case of seed of a variety that has been genetically modified—

(a) any label or document, official or otherwise, which is fixed to or accompanies a seed lot or any part of a seed lot under the provisions of these Regulations, and

(b) any particulars given under paragraph (3),

shall clearly indicate that the variety has been genetically modified.

(13) If any breeder’s seed or officially certified pre-basic, basic, CS seed or test and trial seed has been subjected to any chemical treatment then this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either—

(a) in a case where paragraph (3) applies, with the particulars given in accordance with that paragraph; and

(b) in a case where paragraph (3) does not apply—

(i) on a separate supplier’s label on the package; or

(ii) on the label required under paragraph (4), (5), (6), (7) or (10)

and also, except where the information prescribed by this paragraph is given on an adhesive or tear-resistant label, either on the outside of the package or on a document enclosed inside the package.

(14) Subject to paragraph (15), if a package of officially certified pre-basic, basic or CS seed, other than a small EC package of basic or CS seed, has been resealed this fact shall be stated on the official label together with the date of resealing and the name of the authority responsible for the resealing.

(15) Where a package of seed of the type specified in paragraph 4, 12, 13(3), 18, 19(3), 26 and 27(4) of Schedule 1 is resealed, the package shall be labelled with an OECD label containing the particulars otherwise required under this regulation.

(16) The particulars and the information given in accordance with this regulation shall be given in one of the official languages of the European Community.

(17) Subject to the provisions of the Act and of these Regulations, a person shall not, in the course of the marketing or the preparation for marketing of any seed by himself or another person, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label fixed to, contained in or marked on any package of seed or which is to be so fixed, contained or marked.