The Vegetable Seeds Regulations (Northern Ireland) 2009

PART 3 N.I. Control of vegetable seed

Marketing of seed N.I.

15.—(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.

Commencement Information

I1 Reg. 15 in operation at 31.12.2009, see reg. 1

Marketing of officially certified lower germination seed N.I.

16.  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.

Commencement Information

I2 Reg. 16 in operation at 31.12.2009, see reg. 1

Marketing of officially certified early movement seed N.I.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) Where any person—

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

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

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.

Commencement Information

I3 Reg. 17 in operation at 31.12.2009, see reg. 1

Exception for scientific purposes and selection work N.I.

18.—(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.

Commencement Information

I4 Reg. 18 in operation at 31.12.2009, see reg. 1

Exception for market test seed N.I.

19.—(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) a competent seed certification authority in another member State,

in accordance with Article 20(1) of the 2004 Commission Decision.

(2) A breeder shall not market test seed—

(a) except for the purposes of gaining knowledge from practical experience during cultivation;

(b) unless the seed satisfies the conditions laid down in Schedule 4; or

(c) if such marketing would contravene a prohibition on the use of the variety published by the Department in the gazette that complies with Article 33 of the 2004 Commission Decision.

(3) A breeder of seed established in Northern Ireland may apply to the Department for the grant or renewal of a regulation 19 authorisation.

(4) A regulation 19 authorisation granted by the Department—

(a) shall last for a period of one year or such shorter period as the Department may specify; and

(b) may be renewed no more than twice.

(5) An application for authorisation or renewal of a regulation 19 authorisation shall be made in writing to the Department and shall be accompanied by such information as the Department may require.

(6) The Department shall not grant a regulation 19 authorisation unless it is satisfied that—

(a) an application has been submitted by the breeder to the relevant authority—

(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.

Commencement Information

I5 Reg. 19 in operation at 31.12.2009, see reg. 1

[F1 Marketing seed of conservation varieties N.I.

19A.— (1) The prohibition in regulation 15(1) shall not apply to the marketing of seed of a conservation variety, certified seed of a conservation variety and standard seed of a conservation variety, which is in accordance with this regulation.

(2) The Department shall ascertain, so far as is practicable, whether seed of a conservation variety has sufficient varietal purity by the use of official post control and the consideration of any other relevant information.

(3) Where the results of official post control show that the seed does not have sufficient varietal purity, the Department shall notify in writing the person marketing the relevant seed lot of that fact.

(4) Where, in the case of standard seed of a conservation variety, notice is given under paragraph (3), no further marketing of the relevant seed lot shall occur.

(5) A person shall not market seed of a conservation variety other than in its region of origin or additional region.

(6) A person proposing to produce seed of a conservation variety must supply the Department, in such manner and form as the Department shall require, with the following details in writing—

(a) the size (in hectares); and

(b) the location,

of the area to be used to produce the seed.

(7) For the purposes of Article 15 (quantitative restrictions) of Commission Directive 2009/145, the Department may specify the maximum amount of seed of a conservation variety which may be marketed in any given growing season and specify different maxima for different persons or classes of person.

(8) Where a person proposing to produce seed of a conservation variety has supplied the Department with details under paragraph (6), the Department may in writing authorise the person to market seed of a conservation variety not exceeding the amount specified in the authorisation and shall give notice of that authorisation to the person.

(9) A person shall not market more than the maximum amount of seed of a conservation variety specified in an authorisation given to that person under paragraph (8).

(10) A person shall not market a package of seed of a conservation variety unless it has been sealed by the supplier using a non-reusable sealing system or some other sealing system—

(a) including the use of a label or the affixing of a seal; and

(b) in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or the package.]

Textual Amendments

F1 Regs. 19A-19C inserted (11.4.2011) by virtue of The Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/38), regs. 1, 4

[F1 Marketing seed of amateur varieties N.I.

19B.— (1) The prohibition in regulation 15(1) shall not apply to the marketing of standard seed of an amateur variety which is in accordance with this regulation.

(2) The Department shall ascertain, so far as is practicable, whether standard seed of an amateur variety has sufficient varietal purity by the use of official post control and the consideration of any other relevant information.

(3) Where the results of official post control show that the seed does not have sufficient varietal purity, the Department shall notify in writing the person marketing the relevant seed lot of that fact.

(4) Where, in the case of standard seed of an amateur variety, notice is given under paragraph (3), no further marketing of the relevant seed lot shall occur.

(5) The seed must be in a package not exceeding the maximum net weight specified for each species in Annex II to Commission Directive 2009/145/EC.

(6) A person shall not market a package of standard seed of an amateur variety unless it has been sealed by the supplier using a non-reuseable sealing system or some other sealing system—

(a) including the use of a label or the affixing of a seal; and

(b) in such a manner that the package cannot be opened with damaging the sealing system or without leaving evidence of tampering on the label or the package.]

Textual Amendments

F1 Regs. 19A-19C inserted (11.4.2011) by virtue of The Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/38), regs. 1, 4

[F1 19C   The prohibition in regulation 15(1) shall not apply to the marketing of standard seed of an amateur variety which has been produced and packaged in a Member state other than the United Kingdom and which has been sealed in accordance with Article 29 and labelled in accordance with Article 30 of Commission Directive 2009/145.]

Textual Amendments

F1 Regs. 19A-19C inserted (11.4.2011) by virtue of The Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/38), regs. 1, 4

General exemptions N.I.

20.—(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.

Commencement Information

I6 Reg. 20 in operation at 31.12.2009, see reg. 1

Mixtures N.I.

21.—(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) 2009(1) 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.

Commencement Information

I7 Reg. 21 in operation at 31.12.2009, see reg. 1

Sampling N.I.

22.—(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.

[F2 (8) A sample of seed of a conservation variety or standard seed of an amateur variety taken for the purposes of checking compliance with these Regulations shall be taken in accordance with the requirements contained in Schedule 5 of the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009.

(9) If a sample of seed of a conservation variety or standard seed of an amateur variety taken for the purposes of an examination is found not to have been taken in accordance with the requirements of seeds regulations, no examination or no further examination shall be made of that sample and any finding shall be null and void.]

Textual Amendments

F2 Reg. 22(8)(9) inserted (11.4.2011) by The Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/38), regs. 1, 5(1)

Commencement Information

I8 Reg. 22 in operation at 31.12.2009, see reg. 1

Packaging N.I.

23.—(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—

(a) breeder’s seed;

(b) officially certified pre-basic, basic or CS seed; or

(c) standard seed, or

(d) market test seed,

unless it is in a properly sealed package.

(3) Paragraph (2)(a)(b) and(c) shall not apply in the case of the marketing of—

(a) legume seed not exceeding three kilograms in weight, or

(b) seed of a species specified in Schedule 2, other than legume seed, not exceeding one kilogram in weight,

to the final consumer.

(4) In this regulation, in the case of breeder’s 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.

(5) In this regulation, in the case of a package of seed to which paragraph (6) applies and that has been sealed only once, “properly sealed package” means—

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

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

(ii) by a person to whom regulation 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.

Commencement Information

I9 Reg. 23 in operation at 31.12.2009, see reg. 1

Sealing of packages N.I.

24.—(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.

Commencement Information

I10 Reg. 24 in operation at 31.12.2009, see reg. 1

Labelling of packages N.I.

25.—(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;

[F3 (e) seed of a conservation variety; or

(f) standard seed of an amateur variety.]

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) [F4 Except in relation to seed of a conservation variety or standard seed of an amateur variety,] 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.

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

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

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

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

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

(ii) in another member State,

in accordance with the provisions of Article 35(c) of the Vegetable Seed Directive.

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

(a) in the case of a package of seed sealed in Northern Ireland, in accordance with paragraphs 9 to 14 of Schedule 8, and

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

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

(ii) in another member State,

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

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

(a) in the case of a package of seed sealed in Northern Ireland, in accordance with paragraphs 15 to 17 of Schedule 8, and

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

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

(ii) in another member State,

in accordance with the provisions of Article 28(3) of the Vegetable Seed Directive.

(8) A package of standard seed, other than a small package of such seed, shall be labelled—

(a) in the case of a package of seed sealed in Northern Ireland, in accordance with paragraphs 18 to 22 of Schedule 8, and

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

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

(ii) in another member State,

in accordance with the provisions of the first and second sub-paragraphs of Article 28(3) of the Vegetable Seed Directive.

(9) A small package of standard seed, other than a small package of a mixture of standard seeds of the type specified in regulation 21(1), shall be labelled—

(a) in the case of a package of seed sealed in Northern Ireland, in accordance with paragraphs 23 to 26 of Schedule 8, and

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

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

(ii) in another member State,

in accordance with the provisions of the first sub-paragraph of Article 28(3) of the Vegetable Seed Directive.

(10) A small package of a mixture of standard seeds of the type specified in regulation 21(1) shall be labelled in accordance with paragraphs 27 to 30 of Schedule 8.

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

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

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

(ii) 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—

(a) in the case of a package of seed sealed in Northern Ireland, in accordance with paragraphs 33, 34 and 35 of Schedule 8; and

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

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

(ii) in another member State,

in accordance with the provisions of Article 28 of the 2004 Commission decision

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

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

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

shall clearly indicate that the variety has been genetically modified.

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

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

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

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

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

[F5 (17A) A package of seed of a conservation variety shall bear a supplier’s label or a printed or stamped notice containing the information specified in Part 8 of Schedule 8 (and for the avoidance of doubt neither an official label nor an official inner label is required).

(17B) A package of standard seed of an amateur variety shall bear a supplier’s label or a printed or stamped notice containing the information specified in Part 9 of Schedule 8 (and for the avoidance of doubt neither an official label nor an official inner label is required).]

(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.

Textual Amendments

F3 Reg. 25(1)(e)(f) inserted (11.4.2011) by virtue of The Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/38), regs. 1, 6(1)

F4 Words in reg. 25(3) inserted (11.4.2011) by virtue of The Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/38), regs. 1, 6(2)

F5 Reg. 25(17A)(17B) inserted (11.4.2011) by The Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/38), regs. 1, 6(2)

Commencement Information

I11 Reg. 25 in operation at 31.12.2009, see reg. 1

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

26.—(1) A person who in the course of marketing of any standard seed affixes a label or prints or stamps any particulars, or causes any of those things to be done, in accordance with regulation 25(8), (9) or (10), shall maintain and keep available for inspection by an authorised officer a record of the dates on which and of the packages on which such each label was affixed or particulars printed or stamped and shall, if required by the Department, furnish the Department with a copy of such record.

(2) A person to whom paragraph (1) applies shall keep and retain for a period of at least three years a record of the seed lots of standard seed marketed by him and, if so required by the Department, shall produce such record to the Department.

(3) A person to whom paragraph (1) applies shall keep and retain for a period of at least two years a sample of the seed lots of standard seed marketed by him of at least the appropriate minimum weight specified in Schedule 7 and, if so required by the Department, shall deliver any such sample to the Department.

Commencement Information

I12 Reg. 26 in operation at 31.12.2009, see reg. 1

27.  A person who, in the course of marketing any market test seed, affixes a label or prints or stamps any particulars, or causes any of those things to be done, in accordance with regulation 25(13) shall—

(a) keep for a period of three years a record of the seed lots of the market test seed and, if so required by the Department, shall produce such record to the Department; and

(b) keep for a period of two years a sample of seed from each seed lot and, if so required by the Department, shall deliver such sample to the Department.

Commencement Information

I13 Reg. 27 in operation at 31.12.2009, see reg. 1

(1)

S.R. 2009 No.385