2.—(1) In these Regulations “UK officially certified pre-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 pre-basic seed by or on behalf of [F1the Department,] the Secretary of State, the Scottish Ministers or the National Assembly for Wales, and
(b)seed of a previously listed variety officially certified as pre-basic seed by or on behalf of [F2the Department,] 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)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 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)for which a seed test report has been issued stating that it has been found 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 or that it has been found by such a test to satisfy all of those conditions except for the germination condition;
(b)pre-basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) 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) and (iii);
(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 paragraph (a)(ii) and (iii); and
(iii)for which a marketing extension is in force; and
(e)pre-basic seed—
(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 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.
Textual Amendments
F1Words in Sch. 1 para. 2(2)(a) inserted (31.12.2014) by The Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/295), regs. 1, 16
F2Words in Sch. 1 para. 2(2)(b) inserted (31.12.2014) by The Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/295), regs. 1, 16
Commencement Information
I1Sch. 1 para. 2 in operation at 31.12.2009, see reg. 1