The Vegetable Seeds Regulations (Northern Ireland) 2009

PART 1 N.I. General

Citation and commencement N.I.

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

Commencement Information

I1 Reg. 1 in operation at 31.12.2009, see reg. 1

General interpretation N.I.

2.—F1 (1) In these Regulations—

“the 2004 Commission Decision” means Commission Decision 2004/842/EC(1) 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;

[F2 “additional region” means the region for seed production approved by the Department r the purposes of the second paragraph of Article 13.1 (additional regions) of Commission Directive 2009/145;

“amateur variety” means a variety of vegetable species with no intrinsic value for commercial crop production which is developed for growing under particular conditions and is contained within a National List;]

“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 [F3 , and Switzerland];

“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—

(a)

of the same variety;

(b)

has come from different sources; and

(c)

either—

(i)

has been officially certified;

(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

(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”—

(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

(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;

[F4 “certified seed of a conservation variety” means seed of a conservation variety which—

(a)

is produced in the region of origin or an additional region;

(b)

decends from seed produced accordingly to well defined practices for the maintenance of the variety;

(c)

satisfies the requirements for certification of certified seed set out in the Vegetable Seed Directive, except the requirements in respect of minimal varietal purity and examination and satisfies the requirements of Part 5 of Schedule 4; and

(d)

has sufficient varietal puriety;

“Commission Directive 2009/145” means Commission Directive 2009/145/EC providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties as amended from time to time;]

“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;

[F5 “conservation variety” means a landrace or variety of vegetable species which is naturally adapted to local and regional conditions and threatened by genetic erosion and is contained within a National List and for these purposes—

(a)

“landrace” means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their region; and

(b)

“genetic erosion” means loss of genetic diversity between and within populations or varieties of the same species over time or reduction of the genetic basis of a species due to human intervention or environmental change;]

“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/EC(2) on the deliberate release into the environment of genetically modified organisms, [F6 as amended from time to time];”

“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—

(a)

a State which is a member of the [F7 European Union]; and

(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 1829/2003(3) 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) 2009(4) 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;.

[F8 “member State” means any 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 2006(5);

“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 2001(6);

“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—

(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

(b)

the receipt and acknowledgement of notifications given under regulation 7,

and such other activities as may be necessary for those purposes;

[F9 “official post control” means a control plot has been sown with seed from the relevant seed lot and has produced plants which have been examined by or on behalf of the relevant European Authority and for these purposes—

(a)

“control plot” means a plot sown by or on behalf of a European Authority with seed from a sample which is of at least the minimum weight specified in column 3 of the table in Schedule 7 taken by or on behalf of a European Authority or the person marketing the seed; and

(b)

“European Authority” means:

(i)

the Department of Agriculture and Rural Development in Northern Ireland;

(ii)

the Welsh Ministers;

(iii)

the Ministers;

(iv)

the Secretary of State; or

(v)

a competent seed certification authority of an EEA state other than the United Kingdom;]

“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—

(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

(b)

the Common Catalogue,

but which has been removed from both of them;

[F10 “region of origin” means the region forming a part or the whole of the United Kingdom identified by the Department for the purposes of Article 8(1) (region of origin) of Commission Directive 2009/145;]

“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 1998(7);

“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—

(a)

the conditions laid down in—

(i)

paragraphs 1, 4 and 6 of Schedule 3, and

(ii)

paragraphs 1, 2 and 8 of Schedule 4, and

(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—

(a)

a package of seed containing a net weight of not more than 5 kilograms of legume seed;

(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

(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;

[F11 “the Vegetable Seed Directive” means Council Directive 2002/55/EC on the marketing of vegetable seed, as amended from time to time;]

“whenever carried out”—

(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;

(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;

(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

(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 2000(8) 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.

Textual Amendments

F1 Reg. 2(1): By The Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/295), regs. 1, 15(d) it is provided that (31.12.2014) “Croatia,” is deleted in the definition “equivalent third country”

F2 Words in reg. 2(1) inserted (11.4.2011) by The Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/38), regs. 1, 3(a)

F3 Words in reg. 2(1) inserted (31.12.2014) by The Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/295), regs. 1, 15(a)

F4 Words in reg. 2(1) inserted (11.4.2011) by The Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/38), regs. 1, 3(b)

F5 Words in reg. 2(1) inserted (11.4.2011) by The Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/38), regs. 1, 3(e)

F6 Words in reg. 2(1) substituted (31.12.2014) by The Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/295), regs. 1, 15(b)

F7 Words in reg. 2(1) substituted (31.12.2014) by The Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/295), regs. 1, 15(c)

F8 Words in reg. 2(1) substituted (31.12.2014) by The Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/295), regs. 1, 15(e)

F9 Words in reg. 2(1) inserted (11.4.2011) by The Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/38), regs. 1, 3(f)

F10 Words in reg. 2(1) inserted (11.4.2011) by The Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/38), regs. 1, 3(g)

F11 Words in reg. 2(1) substituted (11.4.2011) by The Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/38), regs. 1, 3(h)

Commencement Information

I2 Reg. 2 in operation at 31.12.2009, see reg. 1

Definitions relating to plant species N.I.

3.  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);

[F12 “tomato” means plants commonly known by that name of the species Solanum lycopersicum L;]

“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. ;

Textual Amendments

F12 Words in reg. 3 substituted (20.1.2014) by The Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/304), regs. 1, 2

Commencement Information

I3 Reg. 3 in operation at 31.12.2009, see reg. 1

Definition of marketing N.I.

4.—(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.

Commencement Information

I4 Reg. 4 in operation at 31.12.2009, see reg. 1

Seeds to which these regulations apply N.I.

5.—(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.

Commencement Information

I5 Reg. 5 in operation at 31.12.2009, see reg. 1

(1)

OJ L362, 9.12.2004, p21

(2)

OJ L 106, 17.4.2001, p 1

(3)

O.J L 268, 18.10.2003, p. 1

(4)

S.R. 2009 No.388

(5)

2006 c. 32

(6)

S.I 2001/3510

(7)

1998 c. 32

(8)

2000 c.7