2009 No. 387

Seeds

The Vegetable Seeds Regulations (Northern Ireland) 2009

Made25th November 2009

Coming into operation31st December 2009

The Department of Agriculture and Rural Development1 makes the following Regulations in exercise of the powers conferred by sections 1(1) and (2A) and 2 of the Seeds Act (Northern Ireland) 19652 after consultation, in accordance with section 1(1) of that Act, with representatives of such interests as appear to it to be concerned:

PART 1General

Citation and commencement1

These Regulations may be cited as the Vegetable Seeds Regulations (Northern Ireland) 2009, and shall come into force on 31st December 2009.

General interpretation2

1

In these Regulations—

“the 2004 Commission Decision” means Commission Decision 2004/842/EC3 concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted;
“the Act” means the Seeds Act (Northern Ireland) 1965;
“Annex V(C) document” means an official document of the type specified in the second indented sub-paragraph of Article 36(2) of the Vegetable Seed Directive containing the particulars specified in Part C of Annex V to the Directive;
“another member State” means an EEA State other than the United Kingdom;
“authorised officer” means an officer authorised for the purposes of these Regulations by the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales;
“blended seed lot” means a seed lot obtained by blending seed where the seed that goes into the blend is—
1. a
  of the same variety;
2. b
  has come from different sources; and
3. c
  either—
  1. i
    has been officially certified;
  2. ii
    has not been officially certified but has been harvested from a seed crop for which a field inspection report has been issued showing that the crop met the Directive crop conditions for the relevant category of seed; or
  3. iii
    is made up of seed that has been officially certified and seed that has not but for which a field inspection report of the type specified in sub-paragraph (ii) has been issued;
“breeder”—
1. a
  in relation to a variety that has not been entered in a National List or the Common Catalogue, includes any person lawfully multiplying (on his own account) seed bred by another, and
2. b
  in relation to a variety that has been so entered, means the maintainer of the variety;
“breeder’s seed” means seed which has been produced by or under the responsibility of the breeder and which is intended for the production of pre-basic or basic seed;
“Common Catalogue” means the Common Catalogue of varieties of vegetables species published in the Official Journal of the European Communities;
“component” means a component of a hybrid variety;
“control plot” means a plot sown with seed from an official sample of seed from a seed lot (whether the official sample of the seed submitted with a regulation 6 application in accordance with regulation 6(2) or another official sample of the seed);
“the Deliberate Release Directive” means Council Directive 2001/18/EC4 on the deliberate release into the environment of genetically modified organisms, as last amended by Council Regulation (EC) No 1830/20035 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms;”
“The Department” means the Department of Agriculture and Rural Development in Northern Ireland;
“Directive crop conditions” means the conditions laid down in Annex I to the Vegetable Seed Directive;
“Directive seed conditions” means the conditions laid down in Annex II to the Vegetable Seed Directive;
“EC minimum percentage of germination” means the appropriate percentage of germination specified in column 2 of the table in paragraph 4 of Schedule 4;
“EEA State” means—
1. a
  a State which is a member of the Communities; and
2. b
  Iceland, Liechtenstein and Norway;
“entered seed lot” means a seed lot in respect of which an application has been made under regulation 6 in accordance with regulation 6(2)(a), (b)(i) and (c);
“the Food and Feed Regulation” means Council Regulation (EC) No 1829/20036 on
genetically modified food and feed;
“genetically modified” has the same meaning as for the purposes of the Deliberate Release Directive;
“germination condition” means the condition in paragraph 4 of Schedule 4;
“homogeneous seed lot” means a seed lot that has been subject to appropriate mixing and blending techniques so that the seed in the lot is as uniform as practicable;
“late entered seed lot” means a seed lot in respect of which an application has been made under regulation 6(1) in accordance with regulation 6(2)(a), (b)(ii) and (c);
“licensed crop inspector” means a person who has been granted a licence under regulation 11 of the Seed (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 20097 or by the Secretary of State, the Scottish Ministers or the National Assembly for Wales under provisions equivalent to that regulation;
“licensed EC crop inspector” means a person who is authorised by a competent seed certification authority in another member State, pursuant to Article 2(4)(A)(a)(iii) of the Vegetable Seed Directive, to carry out field inspections of crops in that member State;
“licensed EC seed testing station” means a seed testing laboratory authorised by the competent seed certification authority in another member State, pursuant to Article 2(4)B(a) of the Vegetable Seed Directive, to carry out seed testing in that member State;
“licensed seed sampler” means a person who has been granted a licence under regulation 18 of the Seed (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 or by the Secretary of State, the Scottish Ministers or the National Assembly for Wales under provisions equivalent to that regulation;
“licensed seed testing station” means a laboratory in respect of which a licence has been granted under regulation 25 of the Seed (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 or by the Secretary of State, the Scottish Ministers or the National Assembly for Wales under provisions equivalent to that regulation;
“listed variety” means a plant variety that is entered in a National List or the Common Catalogue;
“listing” means the entry of a variety on a National List or the Common Catalogue and “listed” shall be construed accordingly;
“maintainer” means a person who is indicated in a National List or in the Common Catalogue as responsible for maintaining a plant variety in accordance with the characteristics to which regard was had when the plant variety was entered in the List or the Common Catalogue;
“marketing extension” means an extension granted by the Department, the Secretary of State, the Scottish Ministers, the National Assembly for Wales, or the competent seed certification authority in another member State pursuant to Article 15 of the Vegetable Seed Directive allowing an extended period for the certification and marketing of seed of a variety that has been deleted from its catalogue and the Common Catalogue;
“marketing year” means the year from 1st July to 30th June inclusive;
“market test seed” means seed which is the subject of a regulation 19 authorisation;.
“member State” means, in addition to a State which is a member of the Communities, any other EEA State and Switzerland;
“the National Assembly for Wales” means the National Assembly for Wales established by Section 45 of the Government of Wales Act 20068;
“a National List” means a list of varieties of vegetable species for the time being published in accordance with the Seeds (National Lists of Varieties) Regulations 20019;
“official label” means a label issued or authorised by or on behalf of the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales;
“official measures” includes—
1. a
  the disposal and determination, where applicable, of applications made in accordance with regulation 6, 8, 9, 10, 11, 12, 13, 18 and 19, including the growing and assessment of control plots and the carrying out of field inspections and seed testing in connection with the disposal and determination of such applications; and
2. b
  the receipt and acknowledgement of notifications given under regulation 7,
and such other activities as may be necessary for those purposes;
“official sample” means a sample of seed taken from a seed lot in accordance with regulation 22 and “official sampling” shall be construed accordingly;
“official UK field inspection” means a field inspection carried out by or on behalf of the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales;
“official UK seed test” means a seed test carried out by or on behalf of the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales;
“previously listed variety” means a plant variety that was previously entered in—
1. a
  a National List or, in the case of another member State, the catalogue maintained by that State pursuant to Article 3(2) of the Vegetable Seed Directive, and
2. b
  the Common Catalogue,
but which has been removed from both of them;
“registered person” means a person registered under regulation 5 of the Seed (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 as a person who may engage in a relevant seed industry activity;
“regulation 18 authorisation” means an authorisation granted in accordance with regulation 18;
“regulation 19 authorisation” means an authorisation granted in accordance with regulation 19;
“Schedule 4 germination test” means a test to determine whether the seed being tested attains the percentage of germination specified in column 2 of the table in paragraph 4 of Schedule 4;
“the Scottish Ministers” means the Scottish Executive as constituted by Section 44 of the Scotland Act 199810;
“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;
“seed industry activity” has the same meaning as in regulation 2 of the Seed (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009;
“seed lot” means an identifiable consignment of seeds of a weight that does not exceed the weight specified in column 2 of the table in Schedule 7 for the species specified in column 1 of that table by more than 5 per cent and that bears a unique seed lot reference number, and includes a blended seed lot and a seed lot that contains seed from different crops of the same variety grown on the same holding and combined on the grower’s holding prior to processing;
“seed that has been subject to satisfactory official post control” means seed taken from a seed lot for which a control plot has been sown by or on behalf of the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales and which has produced plants which have been examined by or on behalf of the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales, as the case may be, and has been found having regard to—
1. a
  the conditions laid down in—
  1. i
    paragraphs 1, 4 and 6 of Schedule 3, and
  2. ii
    paragraphs 1, 2 and 8 of Schedule 4, and
2. b
  the category of the seed to be produced,
to be satisfactory seed from which to produce that category of seed;
“small package” in relation to a package of seed means—
1. a
  a package of seed containing a net weight of not more than 5 kilograms of legume seed;
2. b
  a package of seed containing a net weight of not more than 500 grams of asparagus, beetroot, carrot, chard or spinach beet, gourd, marrow, onion, radish, spinach or turnip seed; or
3. c
  a package of seed containing a net weight of not more than 100 grams of seed of any species of seed specified in Schedule 2 other than a species specified in paragraph (a) or (b);
“third country” means a country other than a member State;
“a UK field inspection carried out under official supervision” means an examination of a crop carried out under official supervision by a licensed crop inspector;
“a UK seed test carried out under official supervision” means a seed test carried out under official supervision by a licensed seed testing station;
“unlisted variety” means a variety that is not a listed variety;
“the Vegetable Seed Directive” means Council Directive 2002/55/EC11 on the marketing of vegetable seed as last amended by Commission Directive 2009/74/EC12;
“whenever carried out”—
1. a
  in relation to an official UK field inspection of a crop being grown to produce seed of a listed variety or a component of a listed hybrid variety, means an inspection carried out before or after the listing of the variety or hybrid variety;
2. b
  in relation to an official UK field inspection of a crop being grown to produce seed of a previously listed variety or a component of a previously listed hybrid variety, means an inspection carried out while the variety or hybrid variety was listed or after it became unlisted;
3. c
  in relation to an official UK seed test or a UK seed test carried out under official supervision of seed of a listed variety or a component of a listed hybrid variety, means a test carried out before or after the listing of the variety or hybrid variety; and
4. d
  in relation to an official UK seed test or a UK seed test carried out under official supervision of seed of a previously listed variety or a component of a previously listed hybrid variety, means a test carried out while the variety or hybrid variety was listed or after it became unlisted.

2

All applications, approvals, authorisations, notices, notifications and statements to which these Regulations apply shall be made in writing.

3

“Writing” in paragraph (2) shall include an electronic communication within the meaning of the Electronic Communications Act 200013 provided that—

a

any document of the type referred to in paragraph (2) shall only be sent to the Department by an electronic communication if the Department has represented that electronic communication is a means by which persons can send such a document to it, and

b

notifications required to be made by the Department to any person shall only be made by an electronic communication if the intended recipient has used the same form of electronic communication in communicating with the Department for the purpose of these Regulations or has otherwise represented that that form of electronic communication is a means by which the Department can communicate with that person.

4

Expressions in these Regulations which are not defined in this regulation or elsewhere in these Regulations or in a Schedule to these Regulations and which appear in the Vegetable Seed Directive have the same meaning in these Regulations as they have in that Directive.

5

Schedule 1, which contains definitions of pre-basic seed and similar expressions, basic seed and similar expressions, CS seed and similar expressions, standard seed and similar expressions and expressions relating to imported not finally certified seed, shall apply to the interpretation of these Regulations.

Definitions relating to plant species3

In these Regulations—

“asparagus” means plants commonly known by that name of the species Asparagus officinalis L.;
“beetroot” means plants commonly known by that name of the species Beta vulgaris L. and includes plants commonly known as Cheltenham beet;
“broad bean” means plants commonly known by that name of the species Vicia faba L. (partim);
“Brussels sprouts” means plants commonly known by that name of the species Brassica oleracea L. convar oleracea var gemmifera DC.;
“carrot” means plants commonly known by that name of the species Daucus carota L. and includes plants commonly known as fodder carrot;
“cauliflower” means plants commonly known by that name of the species Brassica oleracea L. convar botrytis (L.) Alef var botrytis;
“celery” means plants commonly known by that name of the species Apium graveolens L. including plants commonly known as celeriac;
“chard and spinach beet” means plants commonly known by that name of the species Beta vulgaris L.;
“Chinese cabbage” means plants commonly known by that name of the species Brassica Rapa L;
“cucumber and gherkin” means plants commonly known by that name of the species Cucumis sativus L.;
“curly kale” means plants commonly known by that name of the species Brassica oleracea L.;
“endive” means plants commonly known by that name of the species Cichorium endivia L.;
“French bean” means plants commonly known by that name of the species Phaseolus vulgaris L.;
“gourd” means plants commonly known by that name of the species Cucurbita maxima Duchesne;
“kohlrabi” means plants commonly known by that name of the species Brassica oleracea L;
“large-leaved chicory and Witloof chicory” means plants commonly known by that name of the species Cichorium intybus L. and includes plants commonly known as Italian chicory;
“leek” means plants commonly known by that name of the species Allium porrum L.;
“legume” means broad beans, French beans, runner beans and peas;
“lettuce” means plants commonly known by that name of the species Lactuca sativa L.;
“marrow” means plants commonly known by that name of the species Cucurbita pepo L. and includes plants commonly known as courgette;
“melon” means plants commonly known by that name of the species Cucumis melo L.;
“onion” means plants commonly known by that name of the species Allium cepa L. and includes plants commonly known as Echalion;
“parsley” means plants commonly known by that name of the species Petroselinum crispum (Miller) Nyman ex A W Hill;
“pea” means plants commonly known as winkled pea, round pea or sugar pea of the species Pisum sativum L. (partim);
“radish” means plants commonly known by that name of the species Raphanus sativus L.and includes plants commonly known as black radish;
“red cabbage” means plants commonly known by that name of the species Brassica oleracea L. convar capitata L Alef var rubra DC.;
“runner bean” means plants commonly known by that name of the species Phaseolus coccineus L.;
“Savoy cabbage” means plants commonly known by that name of the species Brassica oleracea L.;
“spinach” means plants of the species Spinacia oleracea L.;
“sprouting broccoli” means plants commonly known by that name of the species Brassica oleracea L. and includes plants commonly known as calabrese;
“sweet corn or popcorn” means plants commonly known by those names of the species Zeamays L. (partim);
“tomato” means plants commonly known by that name of the species Lycopersiconesculentum Mill ;
“turnip” means plants commonly known by that name of the species Brassica rapa L.; and
“white cabbage” means plants commonly known by that name of the species Brassica oleracea L. ;

Definition of marketing4

1

Subject to paragraph (2), in these Regulations “marketing” means—

a

selling, holding with a view to sale or offering for sale, or

b

any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,

whether or not for consideration, and “market” and “marketed” shall be construed accordingly.

2

Trade in seed not aimed at commercial exploitation of the variety, such as the following operations—

a

the supply of seed to official testing and inspection bodies, and

b

the supply of seed to a person who provides processing or packaging services but who does not thereby acquire title to the seed supplied,

shall not be regarded as marketing of seed of that variety.

Seeds to which these regulations apply5

1

Subject to paragraph (2), these Regulations apply to vegetable seed of the species specified in Schedule 2 that are intended to be used for agricultural or horticultural production other than for ornamental purposes.

2

These Regulations shall not apply to seed that is intended for export to a third country.

PART 2Procedures relating to the official certification of seed

Entry of seed lots6

1

Subject to paragraph (2), an application to enter a seed lot from which it is intended that a crop is to be produced from which pre-basic, basic or CS seed is to be harvested may be made to the Department by a registered person.

2

An application made under this regulation—

a

shall be made in such form and manner as the Department may require;

b

shall be made—

i

at such time as the Department may require, or

ii

in the case of an application to enter a seed lot made after that time, at such time as the Department may otherwise allow; and

c

shall be accompanied—

i

unless otherwise agreed by the Department, by an official sample of seed from the seed lot that is identified by the reference number of the seed lot from which it was taken, and

ii

by such information and other documents as the Department may require, including, if required, a copy of a qualifying seed test report relating to the seed lot.

3

At an appropriate time following the receipt of an application made under this regulation, the Department may sow a control plot with seed taken from an official sample of seed taken from the seed lot (whether the official sample submitted in accordance with paragraph (2)(c)(i) or another official sample of seed taken from the seed lot).

4

“qualifying seed test report” means—

a

a seed test report issued in accordance with regulation 11(8), (9), (10) or (11), or

b

in a case where an official sample taken from the seed lot has been found to meet the conditions for the category of seed for which it was tested under regulation 11(6)(b), a seed test report issued in accordance with regulation 11(12)(b).

Entry of crop7

1

A registered person who has sown seed from an entered or late entered seed lot from which it is intended to produce a crop from which pre-basic, basic or CS seed is to be harvested shall notify the Department that the seed has been sown.

2

A notification under this regulation—

a

shall be given in such form and manner as the Department may require;

b

shall be given within such time as the Department may require;

c

shall specify the reference number of the seed lot from which the sown seed has been taken; and

d

shall be accompanied by such information and other documents as the Department may require.

3

Subject to paragraph (4), the Department shall acknowledge receipt of a notification given under this regulation.

4

Subject to paragraph (5), unless specifically requested to do so by the applicant, the Department shall not individually acknowledge the receipt of each notification given under this regulation that it receives but shall periodically provide the applicant with a list of those crops for which it has received such a notification.

5

Where the Department has previously provided the applicant with a list of those crops for which it has received a notification under this regulation from the applicant, any subsequent list periodically provided to the applicant under paragraph (4) shall list only those crops in respect of which the Department has received a notification under this regulation from him since last providing the applicant with such a list.

unless requested not to do so by the applicant, whether it meets the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for the production of any other category of seed to which paragraph (17) applies.

Where a document of the type specified in paragraph (4) accompanies an application made under this regulation instead of a field inspection report, the applicant shall produce the field inspection report referred to in paragraph (3) to the Department on demand during the period of three years from the date of the issue of the field inspection report and shall make a copy of the report available to the Department on request during that period.

in the case of an application to re-grade a crop as a crop to produce CS seed—

i

is satisfied that the crop has been produced directly from UK, EC or overseas tested officially certified basic seed of a listed variety, or, with the breeder’s authority, from UK, EC or overseas tested officially certified pre-basic seed of a listed variety, and

ii

is satisfied that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for the production of CS seed,

the Department shall notify the applicant that the crop has been found to meet or (if the crop has already been harvested) it has been found that it would have met the conditions referred to in subparagraph (a)(iii) or (b)(ii), as the case may be, and that the application to re-grade the crop has been successful.

5

If the Department is satisfied that the conditions specified in paragraph (4) have not been met it shall notify the applicant that the application to re-grade the crop has been unsuccessful.

6

This paragraph applies to the following categories of seed—

a

pre-basic seed;

b

basic seed; and

c

CS seed.

the official sample is found to satisfy the conditions laid down in Part 2 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 Department 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) seed lot or a regulation 11(1)(b) seed lot will not meet the applicable germination condition but the sample is found to satisfy the other conditions laid down in Part 2 of Schedule 4 for the appropriate category of seed, the licensed seed testing station (or the Department 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 all the other conditions laid down in Part 2 of Schedule 4—

a

for the appropriate category of seed, and

b

Lodging of seed test reports12

1

A registered person to whom a final seed test report has been sent shall lodge the report with the Department—

a

except in relation to seed to which sub-paragraph (b) applies, within one month of the report being issued or within such time as the Department may otherwise allow, and

b

in a case where the seed to which the final seed test report relates—

i

is of a variety that is not listed, or

ii

is a component of a hybrid variety that is not listed,

within one month of the date on which the variety or hybrid variety (as the case may be) is listed or within such time as the Department may otherwise allow.

2

An application to lodge a final seed test report—

a

shall be made in such form and manner as the Department may require, and

b

shall be accompanied by the final seed test report and such other information and documents as the Department may require.

3

Subject to paragraph (4), the Department shall acknowledge receipt of each final seed test report lodged with the Department.

4

Subject to paragraph (5), unless specifically requested to do so by the applicant, the Department shall not individually acknowledge the receipt of each final seed test report lodged with the Department by the applicant but shall periodically provide the applicant with a list of those seed lots for which the applicant has lodged a final seed test report with the Department.

5

Where the Department has previously provided the applicant with a seed test report list, the list periodically provided to the applicant under paragraph (4) shall list only those seed lots for which the applicant has lodged a final seed test report with the Department during the period since it last provided the applicant with a seed test report list.

6

In this regulation “final seed test report” means a seed test report issued in accordance with regulation 11(8), (9), (11) or (12).

Re-grading of seed13

1

An application to re-grade seed of any category specified in entry 1 or 2 in column 1 of the table in Schedule 5 as seed of any category (“the new category”) specified in entry 1 or 2 respectively in column 2 of the table may be made to the Department by a registered person.

2

An application made under this regulation shall be made in such form and manner and at such time as the Department shall require and, if required by the Department, shall be accompanied by—

a

an official sample of the seed to which the application relates;

b

an application made under regulation 11 for the testing of an official sample of the seed lot; and

c

such other information and other documents as the Department may require for the purpose of determining the application.

3

The Department—

a

may test or arrange for a licensed seed testing station to test an official sample of a seed lot in respect of which an application has been made under this regulation to re-grade—

i

UK, EC or overseas tested officially certified pre-basic seed of a listed variety as UK officially certified basic seed of a listed variety, or

ii

UK, EC or overseas tested officially certified basic seed of a listed variety as UK officially certified pre-basic seed of a listed variety, and

b

subject to paragraph (4), shall test or arrange for a seed testing station to test an official sample of the seed lot in the case of any other application made under this regulation,

to determine whether it meets the conditions laid down in Part 2 of Schedule 4 for the new category of seed.

4

Where a seed test report has previously been issued in accordance with regulation 11(8)(a), (9), (10),(11) or (12) in respect of a seed lot for which an application has been made under this regulation, the Department may decide not to test the official sample referred to in paragraph (2) for the purposes of paragraph 3(b) if the information contained in the previously issued report contains sufficient information to enable the Department to determine that the official sample would meet the conditions laid down in Part 2 of Schedule 4 for the appropriate category of seed.

5

Where—

a

in the case of an application to re-grade seed as pre-basic or basic seed, the Department is satisfied that the seed has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety;

b

in the case of an application to re-grade seed as pre-basic or basic seed—

i

in a case where the seed was harvested from a crop produced in Northern Ireland, the Department carried out the field inspection of the crop;

ii

in a case where the seed was harvested from a crop produced in the United Kingdom elsewhere than in Northern Ireland, a field inspection of the crop was carried out by or on behalf of the Secretary of State, the Scottish Ministers or the National Assembly for Wales; and

iii

in a case where the seed was harvested from a crop produced in another member State, a field inspection of the crop was carried out by or on behalf of the seed certification authority in the member State;

c

in the case of an application to re-grade pre-basic seed as CS seed, the Department is satisfied that the seed has been produced from UK, EC or overseas tested officially certified pre-basic seed of a listed variety;

d

in the case of an application to re-grade basic seed as CS seed, the Department is satisfied that the seed has been harvested from a crop produced, with the breeder’s written authority, directly from UK, EC or overseas tested officially certified pre-basic seed of a listed variety;

e

the Department is satisfied that the seed was harvested from a crop that met the conditions laid down in Schedule 3 and Part 1 of Schedule 4for the production of the new category of seed;

f

in a case where the official sample referred to in paragraph (2) has been tested, it has been found to satisfy the conditions laid down in Part 2 of Schedule 4 for the new category of seed; and

g

in a case where the official sample referred to in paragraph (2) has not been tested, the Department is satisfied on the basis of the information contained in a seed test report previously issued in respect of the lot—

i

by or on behalf of the Department, the Secretary of State, the Scottish Ministers or the National Assembly for Wales or by a licensed seed testing station, or

ii

by or on behalf of the competent seed certification authority in another member State or by a licensed EC seed testing station in another member State,

that the seed in the lot satisfies the conditions laid down in Part 2 of Schedule 4 for the new category of seed,

the Department shall notify the applicant that his application to re-grade the seed lot has been successful.

6

Where the Department is satisfied that the conditions specified in paragraph (5) for the relevant category of seed have not been met, she shall notify the applicant that his application to re-grade the seed lot has been unsuccessful.

any person marketing, or who has marketed, any of the seed; and any person who has purchased, or been supplied with, any of the seed,

that the official certification in respect of the lot, or part of the lot (as the case may be) has been withdrawn.

4

Where the official certification of a seed lot, or part of a seed lot, is withdrawn under this regulation, the person to whom notice is given under paragraph (2) shall, as soon as practicable, and in any case not later than seven days after receiving the notice, notify any person to whom any of the seed has been sold or supplied of such withdrawal.

5

Any person who has purchased seed from a seed lot, or part of a seed lot, for which official certification has been withdrawn under this regulation (not being a person notified under paragraph (2)) shall notify any person to whom any of the seed has been sold or supplied of the withdrawal as soon as practicable after receiving notice of—

a

pursuant to paragraph (3), by the Department, or

b

pursuant to paragraph (4), by the person who sold or supplied the seed,

and, in any case, not later than seven days after receiving such notice.

PART 3Control of vegetable seed

Marketing of seed15

1

Subject to paragraph (2) and regulations 18 to 21, no person shall 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 seed16

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 seed17

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,

that person 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 work18

1

The prohibition in regulation 15(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 23(1)(a) of the Vegetable Seed Directive.

2

A producer in Northern Ireland may apply to the Department for a regulation 18 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 18 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 18 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 market test seed19

1

The prohibition in regulation 15(1) shall not apply to the marketing by a breeder of seed in accordance with—

a

an authorisation which has been granted to the breeder by the Department in accordance with this regulation; or

b

an authorisation which has been granted to the breeder by or on behalf of—

i

the Secretary of State;

ii

the Scottish Ministers;

iii

the National Assembly for Wales; or

iv

i

under regulation 4(1)(a) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance of the variety on to a National List; or

ii

in another member State for inclusion of the variety in a national catalogue equivalent to a National List,

that has not been withdrawn or finally determined and for which any technical information that may be required in support of such an application has been submitted; 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

A regulation 19 authorisation may impose such conditions as the Department may think necessary or desirable having regard to the nature of the cultivation and the nature of the seed to which the authorisation relates.

8

The Department may withdraw a regulation 19 authorisation where there is a breach of any condition referred to in paragraph (7).

9

A regulation 19 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.

10

The Department may require a person to whom he has granted a regulation 19 authorisation to provide him with information about—

a

the knowledge gained from practical experience during cultivation of the variety; or

b

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

General exemptions20

1

The prohibition in regulation 15(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 33 of the Vegetable Seed Directive;

b

to give effect to the provisions of a Council Decision made under Article 37(c) or (d) of the Vegetable 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 38(1) of the Vegetable 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.

Mixtures21

1

The prohibition in regulation 15(1) shall not apply to the marketing by a producer in the United Kingdom of—

a

a mixture of different varieties of standard seed of lettuce, or

b

a mixture of different varieties of standard seed of radish,

marketed in a package containing not more than 50 grams of seed.

2

The prohibition in regulation 15(1) shall not apply to the marketing of a mixture of seeds permitted by the Fodder Plant Seed Regulations (Northern Ireland) 200914 that includes seed of a species to which these Regulations apply and that complied with the provisions of these Regulations before mixing with the fodder plant seed.

Sampling22

1

A sample of seeds taken in connection with a regulation 6, 11 or 13 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 seeds taken in connection with a regulation 19 application shall be drawn from a homogeneous lot.

3

Subject to paragraph (4), the maximum weight of a seed lot shall be that set out in column (2) of the table in Schedule 7.

4

A seed lot may exceed the maximum weight for a seed lot set out in column (2) of the table in Schedule 7 by not more than 5 per cent.

5

Subject to paragraph (6), the minimum weight of a sample shall be that set out in column (3) of the table in Schedule 7.

6

In the case of a component of an F1 hybrid variety or an F1 hybrid variety of seed the minimum weight of a sample shall be a quarter of that set out in column (3) of the table in Schedule 7, except that no sample shall weigh less than 5 grams or consist of less than 400 seeds

7

If a sample of seeds submitted or taken in connection with an application made under regulation 6, 11 or 13 or 19—

a

is found not to have been taken in accordance with paragraph (1) or (2);

b

is taken from a seed lot that does not comply with paragraph (3); or

c

does not comply with paragraph (5) or (6);

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.

Packaging23

1

A person shall not market any—

a

officially certified pre-basic, basic or CS seed, or

b

standard 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 any—

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 24(5) 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; and

b

in the case of a package of seed sealed in—

i

in the United Kingdom, elsewhere than in Northern Ireland, or

ii

in another member State,

a sealed package of seed that has been sealed in accordance with the provisions of Article 27(1) of the Vegetable Seed Directive.

6

This paragraph applies to a package of officially certified pre-basic, basic or CS seed other than—

a

a small package of pre-basic or basic seed sealed in the United Kingdom, or

b

a small package of CS seed.

7

In this regulation, in the case of a small package of officially certified pre-basic or basic seed that has been sealed in the United Kingdom “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.

8

In this regulation, in the case of a small package of officially certified 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 27(3) of the Vegetable Seed Directive.

9

In this regulation, in the case of a package of seed to which paragraph (10) applies and 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 24(5) 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 27(2) of the Vegetable Seed Directive.

10

This paragraph applies to a package of officially certified pre-basic, basic or CS seed including a small package of CS seed but excluding a small package of pre-basic or basic seed sealed in the United Kingdom.

11

In this regulation, in the case of a package of standard seed, other than a small package of standard seed, “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 and to which a lead or an equivalent sealing device has been attached by the person responsible for attaching the label referred to in regulation 25(8)

12

In this regulation, in the case of a small package of standard seed, “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.

13

In this regulation, in the case of market test seed, a “properly sealed package” means a 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.

Sealing of packages24

1

Subject to paragraph (3), a person shall not seal a package of officially certified pre-basic, basic or CS seed except a person to whom paragraph (4) applies.

2

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

3

Subject to paragraph (5), a person shall not reseal a package (including a small package) of officially certified pre-basic, basic or CS seed except a person to whom paragraph (4) applies.

4

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.

5

Paragraph (4) 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.

Labelling of packages25

1

Subject to paragraphs (2) and (3), a person shall not market—

a

breeder’s seed;

b

officially certified pre-basic, basic or CS seed; or

c

standard seed; or

d

market test seed;

except in a package that is labelled in accordance with 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 market test seed otherwise than in a package that complies with the other provisions of this regulation where—

a

the seeds are sold in a quantity—

i

not exceeding three kilograms in the case of legume seed, and

ii

not exceeding one kilogram in the case of seed of a species specified in Schedule 2 other than legume seed; 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.

that contains at least the particulars specified in paragraph 9(c), (e), (f) and (g) 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,

is in accordance with the provisions of Article 28(1)(b) of the Vegetable Seed Directive.

12

The provisions of paragraph (11) shall not apply if—

a

the particulars specified in paragraph (11)(a)(ii) are printed indelibly on the outside of the package;

b

the official label is inside a transparent package and can be read through the package; or

c

the official label is an adhesive or a tear resistant label.

13

A package of market test seed shall be labelled—

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), (8), (9) (10) or (13);

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.

16

If a package of officially certified pre-basic, basic or CS seed (other than a small package of such seed) shall have 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.

17

The particulars and the information given in accordance with this regulation shall be given in one of the official languages of any member State.

18

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.

Special provisions that apply in connection with the marketing of standard seed

26

in respect of a variation or a revocation, a date on and after which the variation or revocation shall have effect, and

b

in respect of a suspension, a period during which suspension shall have effect,

and the variation, suspension or revocation shall have effect in accordance with the notice.

7

When a variation, suspension or revocation has effect the Department may, for any purpose in relation to these Regulations or a determination under these Regulations, continue to have regard to such of the official measures carried out under an arrangement which was varied, suspended or revoked as appear to the Department to be official measures carried out in accordance with the provisions of these Regulations.

Fees30

1

The Department may charge any person reasonable fees in respect of costs reasonably incurred by the Department in carrying out official measures for the purposes of these Regulations.

2

The Department may charge any person concerned in any matter connected with these Regulations reasonable fees in respect of costs reasonably incurred by the Department in connection with that matter for the purposes of these Regulations, including the costs reasonably incurred by an officer authorised for the purposes of these Regulations by the Department in connection with—

a

the taking of samples in accordance with regulation 22;

b

the sealing of packages in accordance with regulations 23 and 24; and

c

the labelling of packages in accordance with regulation 25.

3

A person carrying out official measures in accordance with an arrangement or further arrangement under regulation 29 may charge any person, including any other person with whom an arrangement or further arrangement has been made under regulation 29, reasonable fees in respect of costs reasonably incurred in carrying out official measures under the responsibility of the Department in accordance with these Regulations.

4

All fees payable under these Regulations in connection with any application shall be payable—

a

at the time the application is made, or

the Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 200821,

are revoked in relation to matters arising under the Vegetable Seed Regulations 1994.

3

The provisions of these Regulations shall not apply to seed harvested on or before 31^st December 2009 until 1^st July 2010.

4

Section 29 of the Interpretation Act (Northern Ireland) 195422 shall not apply in relation to general licences made under the Vegetable Seeds Regulations (Northern Ireland) 1994.

Sealed with the official Seal of the Department of Agriculture and Rural Development on 25^th November 2009.

John SpeersA senior officer of the Department of Agriculture and Rural Development

SCHEDULE 1INTERPRETATION

Regulations 2(5) and Schedule 10

PART 1Meaning of pre-basic seed and similar expressions

Pre-basic seed1

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.

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 Secretary of State, the Scottish Ministers or the National Assembly for Wales 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 Department under regulation 13 to re-grade it as pre-basic seed.

EC officially certified pre-basic seed of a listed variety3

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

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 1 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 2 and 3 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 or by a UK seed test carried out under official supervision (in either case whenever carried out), to satisfy the conditions laid down in Part 2 of Schedule 4 for basic seed;

b

pre-basic seed of a previously listed variety that complies with the requirements of sub-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 sub-paragraph (a)(ii) to (iv); and

iii

for which a marketing extension is in force,

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

UK officially certified basic seed of a listed variety9

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 sub-paragraph applies to—

a

seed of a listed variety officially certified as basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the National Assembly for Wales, and

b

seed of a previously listed variety officially certified as basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the National Assembly for Wales and for which a marketing extension is in force.

3

This sub-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 1 of Schedule 4 for a crop from which basic seed is to be produced;

ii

that satisfies the conditions laid down in Parts 2 and 3 of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and

by a licensed EC seed testing station in either of the member States referred to in sub-paragraph (i),

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 sub-paragraph (a), and

ii

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

UK officially certified early movement basic seed of a listed variety12

1

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

2

This sub-paragraph applies to—

a

seed of a listed variety officially certified as early movement basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the National Assembly for Wales, and

b

seed of a previously listed variety officially certified as early movement basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the National Assembly for Wales and for which a marketing extension is in force.

3

This sub-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 1 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 2 and 3 of Schedule 4 for basic seed;

iii

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 or by a UK seed test carried out under official supervision (in either case whenever carried out) to satisfy the conditions laid down in Part 2 of Schedule 4 for basic seed;

b

basic seed of a previously listed variety that complies with the requirements of sub-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 sub-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,

4 EC officially certified early movement basic seed of a listed variety13

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 variety14

1

In these Regulations “UK officially certified basic seed of a component of a listed hybrid variety” means seed to which sub-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 Secretary of State, the Scottish Ministers or the National Assembly for Wales, and

b

seed of a component of a previously listed hybrid variety officially certified as basic seed by or on behalf of the Secretary of State, the Scottish Ministers or the National Assembly for Wales and for which a marketing extension is in force in respect of seed of the hybrid variety.

3

This sub-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 1 of Schedule 4 for a crop from which basic seed is to be produced;

ii

that satisfies the conditions laid down in Parts 2 and 3 of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and

iii

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

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 sub-paragraph (2) applies and seed of a component of a hybrid variety for which an application for official certification has been made to the Secretary of State, the Scottish Ministers or the National Assembly for Wales that has not been finally determined.

EC officially certified basic seed of a component of a listed hybrid variety15

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 variety16

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

a

b

for which a seed test report has been issued—

i

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, or

ii

by a licensed EC seed testing station in either of the member States referred to in paragraph (i),

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 sub-paragraph (b).

UK officially certified early movement basic seed of a component of a listed hybrid variety17

1

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

2

This sub-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 Secretary of State, the Scottish Ministers or the National Assembly for Wales, 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 Secretary of State, the Scottish Ministers or the National Assembly for Wales and for which a marketing extension is in force in respect of seed of the hybrid variety.

3

This sub-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 1 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 2 and 3 of Schedule 4 for basic seed;

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 3Meaning of CS seed and similar expressions

CS seed20

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 variety21

1

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

2

This sub-paragraph applies to—

a

seed of a listed variety officially certified as CS seed by or on behalf of the Secretary of State, the Scottish Ministers or the National Assembly for Wales, and

b

seed of a previously listed variety officially certified as CS seed by or on behalf of the Secretary of State, the Scottish Ministers or the National Assembly for Wales 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 or in the case of a crop that has been produced from seed that has been subject to satisfactory official post control, by a UK field inspection carried out under official supervision following the listing of the variety, to satisfy the conditions laid down in Schedule 3 and Part 1 of Schedule 4 for a crop from which CS seed is to be produced;

ii

that satisfies the conditions laid down in Parts 2 and 3 of Schedule 4 for CS seed; and

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, or

ii

by a licensed EC seed testing station in either of the member States referred to in sub-paragraph (i),

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 sub-paragraph (b).

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 multiplication27

Not finally certified basic seed harvested in another member State30

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

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

Not finally certified CS seed harvested in another member State31

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, or, in the case of seed that has been harvested from a crop that has been produced from seed that has undergone official post control the results of which have been satisfactory, by a field examination of the crop carried out by a licensed EC crop inspector in that 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 sub-paragraph “grey label” shall have the same meaning as in sub-paragraph 29(3).

SCHEDULE 2SPECIES OF SEED TO WHICH THESE REGULATIONS APPLY

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

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

Sweet corn or popcorn.

28

Tomato.

29

Turnip.

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

Regulations 8(7)(a), 8(8) to (12), (14)(c) and (17)(a),(10)(3) and (4), 11(15)(a),and (b), 13(5), 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.

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—

			1.	2.
			Crop	Minimum distance (metres)
(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 seed is to be produced shall be examined by at least one official UK field inspection to determine whether the crop meets the requirements in this Schedule and in Part 1 of Schedule 4;

2

A crop from which CS seed is to be produced shall be examined by at least one official UK field inspection or a UK field inspection carried out under official supervision to determine whether the crop meets the requirements in this Schedule and in Part 1 of Schedule 4.

3

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.

SCHEDULE 4CONDITIONS TO BE SATISFIED BY THE SEED

Regulations 2(1), 8(7)(a), 8(8), 8(9), 8(10)(b), 8(11), 8(12)(b), 8(14)(c), 8(17)(b), 11(6) to (13) and (15), 13(3)(b) and (5)(c) to (g), 14(1)(b) and (c) 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

PART 1Conditions to be examined mainly by field inspections

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 per cent in the case of basic seed, and

b

98 per cent in the case of CS seed.

PART 2Conditions 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)	sweet corn or popcorn		98	0.1
(bb)	tomato		97	0.5
(cc)	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)	sweet corn or pop corn		85
(bb)	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.

7

In the case of varieties of Zea mays (Sweet corn – super-sweet types) the required minimum germination capacity is reduced to 80 per cent of pure seed. The official label or the supplier’s label, where appropriate, shall include the words “Minimum germination capacity 80 per cent”.

PART 3Other conditions

8

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

PART 4General provisions

9

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.

SCHEDULE 5RE-GRADING OF SEED

Regulation 13

		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

SCHEDULE 6CATEGORIES OF SEED THAT MAY BE MARKETED

Regulation 15(1)

Breeder’s seed1

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 seed22

Standard seed.

SCHEDULE 7LOT AND SAMPLE WEIGHTS

Regulations 2(1), 22(3) to (6),26(3) and 28(7)

		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	30	1,000
	(b)	French bean	30	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		30	500
24	Radish		10	50
25	Spinach		10	75
26	Sprouting broccoli		10	25
27	Sweet corn or pop corn		20	1,000
28	Tomato		10	25
29	Turnip		10	25

SCHEDULE 8LABELLING

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

PART 1Particulars to be marked or displayed on the sale of unpackaged seed (loose sales)

1

The following particulars shall be given—

a

The words “complies with legal standards”;

b

the species, indicated at least in Roman characters; and

c

the variety.

PART 2Labelling of packages of breeder’s seed

2

Subject to paragraph 28, 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,

a label secured to the package by a sealing device approved by the Secretary of State, the Scottish Ministers or the National Assembly for Wales, and

b

shall be fixed to the package by—

i

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

ii

a licensed seed sampler or any person being supervised by such a person.

PART 4Labelling of packages of officially certified basic and CS seed

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

13

The package shall be labelled—

a

subject to paragraph 28, 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

14

The label, notice or stamp referred to in paragraph 13 shall be coloured blue.

PART 5Labelling of packages of standard seed

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

15

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

a

subject to paragraph 28, 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

16

Subject to paragraph 29, 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 minimum size of the label referred to in paragraph 15 shall be 110mm x 67mm.

18

The label referred to in paragraph 15 shall be coloured dark yellow.

19

The label referred to in paragraph 15 shall be fixed to the package by a person registered under regulation 5 of the Seed (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 as a person who may label standard seed of vegetables.

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

20

The package shall be labelled—

a

subject to paragraph 28, 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

21

Subject to paragraph 29, a reference to any maintenance of the variety may be included on the label, printed notice or stamp referred to in paragraph 20.

22

The label referred to in paragraph 20 shall be coloured dark yellow.

23

The label referred to in paragraph 20 shall be fixed to the package by a person registered under regulation 5 of the Seed (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 as a person who may label standard seed of vegetables.

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

24

The package shall be labelled—

a

subject to paragraph 28, 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

25

Subject to paragraph 29, 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 24.

26

The label referred to in paragraph 24 shall be coloured dark yellow.

27

The label referred to in paragraph 24 shall be fixed to the package by a person registered under regulation 5 of the Seed (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 as a person who may label standard seed of vegetables.

PART 6General provisions

28

If the packaging material is transparent the label, printed notice or stamp referred to in paragraph 2, 4, 8, 13, 15, 20, 24 or 30 may be placed inside the package provided it can be read through the packaging.

29

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 Department 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.

PART 7Labelling of Packages of Market Test Seed

Suppliers label for a package of market test seed

30

The package shall be labelled, not later than the time of sealing, on the outside with a supplier’s label or a printed or stamped notice which has not previously been used containing the following particulars—

a

the reference number of the lot;

b

the month and year of sealing;

c

the species;

d

the denomination of the variety under which the seed is to be marketed (which may be the breeder’s reference, the proposed denomination or the approved denomination) and the official application number for listing the variety, if any;

e

the statement “variety not yet officially listed”;

f

the declared net or gross weight or declared number of pure seeds or, where applicable, clusters; and

g

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

31

The label or notice referred to in paragraph 30 shall be coloured orange.

32

The label or notice referred to in paragraph 30 shall be an adhesive label.

SCHEDULE 9LIMITS OF VARIATION

Regulation 28(2)

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

SCHEDULE 10INDEX OF WORDS AND EXPRESSIONS USED IN THESE REGULATIONS

Regulation 31

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 2004 Commission Decision	Regulation 2(1)
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
Deliberate Release Directive	Regulation 2(1)
The Department	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 variety	Paragraph 18 of Schedule 1
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)
Food and Feed Regulation	Regulation 2(1)
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 crop inspector	Regulation 2(1)
licensed EC crop inspector	Regulation 2(1)
licensed EC seed testing station	Regulation 2(1)
licensed seed sampler	Regulation 2(1)
licensed seed testing station	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)
market test seed	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 State	Paragraph 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 lot	Regulation 11(15)
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 that is subject to official post control	Regulation 8(18)
seed that has been subject to satisfactory official post control	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
sweet corn or popcorn	Regulation 3
third country	Regulation 2(1)
tomato	Regulation 3
turnip	Regulation 3
UK field inspection carried out under official supervision	Regulation 2(1)
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
UK seed test carried out under official supervision	Regulation 2(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)

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations consolidate the Vegetable Seeds Regulations (Northern Ireland) 1994, as amended by the Vegetable Seeds (Amendment) Regulations (Northern Ireland) 1996, the Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 1997, the Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2000, the Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2001, and the Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2008.

They include minor amendments that give effect (in relation to the marketing of vegetable seed) to 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 (OJ No L 162, 21.6.08, p 13).

They also give effect to Commission Directive 2009/74/EC amending Directives 66/401/EEC, 66/402/EEC, 2002/55/EC and 2002/57/EC as regards the botanical names of plants, the scientific names of other organisms and certain annexes to Directives 66/401/EEC and 2002/57/EC in the light of developments or scientific and technical knowledge.

Regulation 21 provides for the marketing of seed of a conservation variety (“conservation variety” is defined in regulation 2(1), and regulations 22 to 26 make consequential amendments to provisions dealing with sampling, packaging and labelling.

These Regulations also provide for the collection by the Department of Agriculture and Rural Development of fees for certain services connected with the certification of vegetable seed for marketing, and revoke the Seeds (Fees) (No2) Regulations (Northern Ireland) 2002 insofar as they relate to matters arising under the Vegetable Seeds Regulations 1994.

No impact assessment has been prepared for this Rule, as no conservation varieties of vegetable seed have been identified in Northern Ireland, and the consolidation of the Cereal Seeds Regulations (Northern Ireland) 1994, as amended, effects no significant change to the regulation of the vegetable seed market in Northern Ireland.