The Vegetable Seeds Regulations (Northern Ireland) 2009

Labelling of packagesN.I.

This section has no associated Explanatory Memorandum

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;

[F1(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) [F2Except 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.

[F3(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

Commencement Information

I1Reg. 25 in operation at 31.12.2009, see reg. 1