SCHEDULE 1INTERPRETATION

Regulations 2(5) and Schedule 10

PART 1Meaning of pre-basic seed and similar expressions

Pre-basic seedI11

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.

UK officially certified pre-basic seed of a listed varietyI22

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 F4the 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 F5the 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.

EC officially certified pre-basic seed of a listed varietyI33

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

b

pre-basic seed of a previously listed variety officially certified as pre-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.

Overseas tested officially certified pre-basic seed of a listed varietyI44

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

a

that was harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;

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 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 pre-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 pre-basic seed of a listed varietyI55

1

In these Regulations “UK officially certified early movement 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 early movement pre-basic seed by or on behalf of F6the 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 early movement pre-basic seed by or on behalf of F7the 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, 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,

other than seed to which sub-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 early movement pre-basic seed.

EC officially certified early movement pre-basic seed of a listed varietyI66

In these Regulations “EC officially certified early movement pre-basic seed of a listed variety” means—

a

pre-basic seed of a listed variety officially certified as early movement pre-basic seed by or on behalf of the competent seed certification authority in another member State, and

b

pre-basic seed of a previously listed variety officially certified as early movement pre-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.

Officially certified pre-basic seedI77

In these Regulations “officially certified pre-basic seed” means—

a

UK officially certified pre-basic seed of a listed variety;

b

EC officially certified pre-basic seed of a listed variety;

c

overseas tested officially certified pre-basic seed of a listed variety;

d

UK officially certified early movement pre-basic seed of a listed variety; and

e

EC officially certified early movement pre-basic seed of a listed variety.

PART 2Meaning of basic seed and similar expressions

Basic seedI88

1

In these Regulations, other than in relation to a component of a hybrid, “basic seed” means seed—

a

that has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety, and

b

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

2

In these Regulations, in relation to a component of a hybrid variety, “basic seed” means seed of the component—

a

that has been produced by or under the responsibility of the breeder, and

b

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

UK officially certified basic seed of a listed varietyI99

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 F8the 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 basic seed by or on behalf of F9the 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

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

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

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 sub-paragraph (a)(ii) and (iii); and

iii

for which a marketing extension is in force; and

e

basic seed—

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 sub-paragraph (a)(ii) and (iii); and

iii

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 basic seed.

EC officially certified basic seed of a listed varietyI1010

In these Regulations “EC officially certified basic seed of a listed variety” means—

a

basic seed of a listed 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 previously listed 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.

Overseas tested officially certified basic seed of a listed varietyI1111

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

a

that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;

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 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 varietyI1212

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 F10the 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 early movement basic seed by or on behalf of F11the 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

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

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,

other than seed to which sub-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 early movement basic seed.

EC officially certified early movement basic seed of a listed varietyI1313

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 varietyI1414

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 F12the Department, 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 F13the Department, 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

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

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

basic seed of a component of a listed hybrid variety—

that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

i

that complies with the requirements of sub-paragraph (a)(ii) and (iii);

d

basic seed of a component of a previously listed hybrid 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) and (iii); and

iii

for which a marketing extension is in force in respect of seed of the hybrid variety;

e

basic seed—

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) and (iii); and

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 varietyI1515

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 varietyI1616

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

a

that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;

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 varietyI1717

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 F14the Department, 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 F15the Department, 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;

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

basic seed of a component of a previously listed hybrid variety that complies with the requirements of sub-paragraph (a)(i) to (iv) and for which a marketing extension is in force in respect of seed of the hybrid variety;

c

basic seed of a component of a listed hybrid variety—

i

that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

ii

complies with the requirements of sub-paragraph (a)(ii) to (iv); and

d

basic seed of a component of a previously listed hybrid 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 sub-paragraph (a)(ii) to (iv); and

iii

for which a marketing extension is in force in respect of seed of the hybrid variety,

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 early movement basic seed of a component of a listed hybrid varietyI1818

In these Regulations “EC officially certified early movement 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 early movement 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 early movement basic seed by or on behalf of the competent seed certification authority in another member State for which a marketing extension is in force in respect of seed of the hybrid variety.

Officially certified basic seedI1919

In these Regulations “officially certified basic seed” means—

a

UK officially certified basic seed of a listed variety;

b

EC officially certified basic seed of a listed variety;

c

overseas tested officially certified basic seed of a listed variety;

d

UK officially certified early movement basic seed of a listed variety;

e

EC officially certified early movement basic seed of a listed variety;

f

UK officially certified basic seed of a component of a listed hybrid variety;

g

EC officially certified basic seed of a component of a listed hybrid variety;

h

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 seedI2020

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 varietyI2121

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 F16the 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 CS seed by or on behalf of F17the 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 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

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 CS seed;

b

CS seed of a previously listed variety that complies with the requirements of sub-paragraph (a)(i) to (iii) and for which a marketing extension is in force;

c

CS seed of a listed variety—

i

that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State, and

ii

that complies with the requirements of sub-paragraph (a)(ii) and (iii);

d

CS seed of a previously listed variety—

i

that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State;

ii

that complies with the requirements of sub-paragraph (a)(ii) and (iii); and

iii

for which a marketing extension is in force; and

e

CS seed—

i

that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State.

ii

that complies with the requirements of sub-paragraph (a)(ii) and (iii); and

iii

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 sub-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 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 CS seed.

EC officially certified CS seed of a listed varietyI2222

In these Regulations “EC officially certified CS seed of a listed variety” means—

a

CS seed of a listed variety officially certified as CS seed by or on behalf of the competent seed certification authority in another member State, and

b

CS seed of a previously listed variety officially certified as CS seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Overseas tested officially certified CS seed of a listed varietyI2323

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

a

that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop had been found to satisfy the relevant Directive crop conditions for CS seed;

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 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).

UK officially certified early movement CS seed of a listed varietyI2424

1

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

2

This paragraph applies to—

a

seed of a listed variety officially certified as early movement CS seed by or on behalf of F18the 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 early movement CS seed by or on behalf of F19the 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

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, subject to sub-sub-paragraph (iii), satisfies the conditions laid down in Parts 2 and 3 of Schedule 4 for CS seed;

iii

for which the results of a Schedule 4 germination test are awaited to determine whether the seed will satisfy the applicable germination standard for CS seed but for which a provisional analytical report has been obtained indicating that the seed is likely to meet that standard; 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 CS seed;

b

CS 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

CS seed of a listed variety—

i

that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State, and

ii

that complies with the requirements of sub-paragraph (a)(ii) to (iv); and

d

CS seed of a previously listed variety—

i

that has been imported into the United Kingdom as not finally certified CS 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,

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 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 early movement CS seed.

EC officially certified early movement CS seed of a listed varietyI2525

In these Regulations “EC officially certified early movement CS seed of a listed variety” means—

a

CS seed of a listed variety officially certified as early movement CS seed by or on behalf of the competent seed certification authority in another member State, and

b

CS seed of a previously listed variety officially certified as early movement CS seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Officially certified CS seedI2626

In these Regulations “officially certified CS seed” means—

a

UK officially certified CS seed of a listed variety;

b

EC officially certified CS seed of a listed variety;

c

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 multiplicationI2727

1

The requirement contained in sub-paragraph 20(a) (that CS seed be produced directly from officially certified basic seed, or, with the breeder’s authority, from officially certified pre-basic seed) shall be treated as having been complied with in relation to CS seed in a case where—

a

the CS seed (“the harvested CS seed”) was harvested from a crop produced from pre-basic seed to which sub-paragraph (2) applies or basic seed to which sub-paragraph (3) or (4) applies, and

b

the variety of the harvested CS seed was not listed at the time when the pre-basic or basic seed referred to in sub-paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.

2

This sub-paragraph applies to pre-basic seed—

a

that has been harvested from a crop—

i

produced in the United Kingdom and found by an official UK field inspection 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, or

ii

produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority in that State to satisfy the Directive crop conditions for basic seed;

b

that—

i

was found by an official UK seed test or a UK seed test carried out under official supervision to satisfy the conditions laid down in Part 2 of Schedule 4 for basic seed, or

ii

was found by seed testing carried out by or on behalf of the competent seed certification authority or a licensed EC seed testing station in another member State to satisfy the Directive seed conditions for basic seed; and

c

that was of the same variety as the harvested CS seed.

3

This sub-paragraph applies to basic seed—

a

that has been harvested from a crop—

i

produced in the United Kingdom and found by an official UK field inspection 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, or

ii

produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority in that State to satisfy the Directive crop conditions for basic seed;

b

that—

i

was found by an official UK seed test or a UK seed test carried out under official supervision to satisfy the conditions laid down in Part 2 of Schedule 4 for basic seed, or

ii

was found by seed testing carried out by or on behalf of the competent seed certification authority or a licensed EC seed testing station in another member State to satisfy the Directive seed conditions for basic seed; and

c

that was of the same variety as the harvested CS seed.

4

This sub-paragraph applies to basic seed of a component of a hybrid variety—

a

that complied with the requirements of sub-paragraph (3)(a) and (b), and

b

that was a component in the production of the harvested CS seed of the hybrid variety.

PART 4Meaning of standard seed

Standard seedF328

In these Regulations—

1

“standard seed” means seed of a listed variety, other than standard seed of a conservation variety and standard seed of an amateur variety—

a

that is intended mainly for the production of vegetables, and

b

satisfies the conditions laid down in Annex II to the Vegetable Seed Directive;

2

“standard seed of a conservation variety” means seed of a conservation variety which—

a

is produced in the region of origin or additional region;

b

descends from seed produced according to well defined practices for the maintenance of the variety;

c

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

d

has sufficient varietal purity;

3

“standard seed of an amateur variety” means seed of an amateur variety which—

a

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

b

has sufficient varietal purity.

PART 5Meaning of expressions relating to imported not finally certified seed

Not finally certified pre-basic seed harvested in another member StateI2829

1

In these Regulations “not finally certified pre-basic seed harvested in another member State” means pre-basic seed—

a

to which sub-paragraph (2) applies;

b

that has been harvested from a crop produced in another member State and 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 to satisfy the Directive crop conditions for basic 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 pre-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; or

c

a previously listed variety for which a marketing extension is in force.

3

In this paragraph “grey label” means, in relation to the seed contained in the package on which the label is affixed, a grey coloured label containing the following particulars—

a

the name of the authority responsible for the field inspection of the crop and the member State or their commonly used initials;

b

the species of the seed, indicated at least in Roman characters—

i

under its botanical name, which may be given in abridged form and without the author’s name; or

ii

under its common name; or

iii

under both;

c

the variety of the seed, indicated at least in Roman characters;

d

the category of the seed;

e

the field or lot reference number of the seed;

f

the declared net or gross weight of the seed; and

g

the words “seed not finally certified”.

Not finally certified basic seed harvested in another member StateI2930

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

that has been harvested from a crop produced in another member State and 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 to satisfy the Directive crop conditions for basic 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 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 StateI3031

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)

I311

Asparagus.

I322

The following species of beans—

a

broad bean;

b

French bean; and

c

runner bean.

I333

Beetroot (also known as red beet).

I344

Brussels sprouts.

I355

The following species of cabbage—

a

red cabbage;

b

savoy cabbage; and

c

white cabbage.

I366

Carrot.

I377

Cauliflower.

I388

Celery.

I399

Chard and spinach beet.

I4010

Chinese cabbage.

I4111

Cucumber and gherkin.

I4212

Curly kale.

I4313

Endive.

I4414

Gourd.

I4515

Kohlrabi.

I4616

Larged-leave chicory (also known as Italian chicory) and Witloof chicory.

I4717

Leek.

I4818

Lettuce.

I4919

Marrow.

I5020

Melon.

I5121

Onion.

I5222

Parsley.

I5323

Pea other than field pea.

I5424

Radish.

I5525

Spinach.

I5626

Sprouting broccoli (also known as calabrese).

I5727

Sweet corn or popcorn.

I5828

Tomato.

I5929

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.

I601

The crop shall have sufficient varietal identity and varietal purity.

I612

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

I623

Paragraph 2 shall not apply if there is sufficient protection from any undesirable foreign pollination.

I634

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

I645

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.

I656

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

I661

The seed shall have sufficient varietal identity and varietal purity.

I672

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

I683

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

I694

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

I705

The seed shall not be contaminated by live Acarina (commonly known as mites).

I716

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.

I727

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

I738

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

I749

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.

F1PART 5Examinations used to ascertain whether a crop or seed lot meets the conditions relating to certified seed of a conservation variety, standard seed of a conservation variety and standard seed of an amateur variety

Annotations:
Amendments (Textual)

10

All examinations of certified seed of a conservation variety, standard seed of a conservation variety and standard seed of an amateur variety used to ascertain whether the crops or seed lots meet the standards in this Schedule applicable to the category shall be carried out in accordance with current international methods insofar as such methods exist.

I129SCHEDULE 5RE-GRADING OF SEED

Regulation 13

Annotations:
Commencement Information
I129

Sch. 5 in operation at 31.12.2009, see reg. 1

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 seedI751

Breeder’s seed.

Pre-basic seed of a listed varietyI762

UK officially certified pre-basic seed of a listed variety.

I773

EC officially certified pre-basic seed of a listed variety.

I784

Overseas tested officially certified pre-basic seed of a listed variety.

Basic seed of a listed varietyI795

UK officially certified basic seed of a listed variety.

I806

EC officially certified basic seed of a listed variety.

I817

Overseas tested officially certified basic seed of a listed variety.

CS seed of a listed varietyI828

UK officially certified CS seed of a listed variety.

I839

EC officially certified CS seed of a listed variety.

I8410

Overseas tested officially certified CS seed of a listed variety.

Early movement pre-basic seed of a listed varietyI8511

UK officially certified early movement pre-basic seed of a listed variety.

I8612

EC officially certified early movement pre-basic seed of a listed variety.

Early movement basic seed of a listed varietyI8713

UK officially certified early movement basic seed of a listed variety.

I8814

EC officially certified early movement basic seed of a listed variety.

Early movement CS seed of a listed varietyI8915

UK officially certified early movement CS seed of a listed variety.

I9016

EC officially certified early movement CS seed of a listed variety.

Basic seed of a component of a listed hybrid varietyI9117

UK officially certified basic seed of a component of a listed hybrid variety

I9218

EC officially certified basic seed of a component of a listed hybrid variety.

I9319

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 varietyI9420

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

I9521

EC officially certified early movement basic seed of a component of a listed hybrid variety.

Standard seedI9622

Standard seed.

I130SCHEDULE 7LOT AND SAMPLE WEIGHTS

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

Annotations:
Commencement Information
I130

Sch. 7 in operation at 31.12.2009, see reg. 1

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)

I971

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

I982

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,

except where those particulars are printed indelibly on the outside of the package.

I993

The label referred to in paragraph 2 shall be coloured buff.

PART 3Labelling of packages of officially certified pre-basic seed

Official label for a package of officially certified pre-basic seedI1004

Subject to paragraph 28, the package shall be labelled, not later than the time of sealing, on the outside with an official label which has not previously been used containing the following particulars—

a

the certification authority and member State or their commonly used initials;

b

the reference number of the lot;

c

the month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows—

i

by the word “Sealed” followed by the month and year of sealing, or

ii

by the word “Sampled” followed by the month and year of official sampling;

d

the species, indicated at least in Roman characters—

i

under its botanical name, which may be given in abridged form and without the author’s name; or

ii

under its common name; or

iii

under both;

e

the variety, indicated at least in Roman characters;

f

the description “pre-basic seed”;

g

the number of generations by which the seed precedes CS seed;

h

the country of production;

i

the declared net or gross weight or declared number of seeds; and

j

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

I1015

The label referred to in paragraph 4 shall be coloured white with a diagonal violet line.

I1026

The minimum size of the label referred to in paragraph 4 shall be 110mm x 67mm.

I1037

The label referred to in paragraph 4—

a

shall be—

i

an adhesive label, or

ii

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

Official label for a package of officially certified basic or CS seedI1048

Subject to paragraph 28, the package shall be labelled, not later than the time of sealing, on the outside with an official label which has not previously been used containing the following particulars—

a

the words “F20EU rules and standards”;

b

the name of the certifying authority and member State or their commonly used initials;

c

the reference number of the lot;

d

the month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows—

i

by the word “Sealed” followed by the month and year of sealing, or

ii

by the word “Sampled” followed by the month and year of last official sampling for the purposes of certification;

e

the species, indicated at least in Roman characters—

i

under its botanical name, which may be given in abridged form and without the author’s name; or

ii

under its common name; or

iii

under both;

f

the variety, indicated at least in Roman characters;

g

the category;

h

the country of production;

i

the declared net or gross weight or declared number of seeds;

j

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

k

in the case of—

i

basic seed which is a component of a hybrid variety and the component has been officially accepted on a National List or the Common Catalogue, the name under which the component has been officially accepted, with or without reference to the hybrid variety, accompanied, in the case of a component intended solely as a component for a hybrid variety, by the word “component”;

ii

basic seed which is a component of a hybrid variety and the component has not been officially accepted on a National List or the Common Catalogue, the name of the component, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female) and accompanied by the word “component”; and

iii

CS seed which is a hybrid, the name of the variety accompanied by the word “hybrid”.

I1059

Where at least germination has been retested, the words “retested” followed by the month and year of retesting and the authority responsible for such retesting may be indicated on the official label referred to in paragraph 8 or on an official sticker attached to the official label.

I10610

The minimum size of the label referred to in paragraph 8 shall be 110mm x 67mm.

I10711

The label referred to in paragraph 8 shall be coloured white for basic seed and blue for CS seed.

I10812

The label referred to in paragraph 8—

a

shall be—

i

an adhesive label, or

ii

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

in a case where the package is being relabelled, by a licensed seed sampler or any person being supervised by such a person.

Supplier’s label for a small package of officially certified CS seedI10913

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 “F21EU 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

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

I11014

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 seedI11115

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 “F22EU 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

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

I11216

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.

I11317

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

I11418

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

I11519

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 mixtureI11620

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 “F23EU 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

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

I11721

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.

I11822

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

I11923

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 seedI12024

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 “F24EU 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

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

I12125

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.

I12226

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

I12327

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

I12428

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.

I12529

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 seedI12630

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.

I12731

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

I12832

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

F2PART 8Supplier’s label for a package of seed of a conservation variety

Annotations:
Amendments (Textual)

33

The supplier’s label for a package of seed of a conservation variety shall be a minimum size of 110 millimetres by 67 millimetres, be coloured brown and contain the following information:—

a

the words “EU rules and standards”;

b

the name and address of the person responsible for affixing the label or notice or that person’s identification mark;

c

the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word “sealed” or “sampled” (as the case may be), followed by the year in question;

d

the species;

e

the denomination of the conservation variety;

f

the words “certified seed of a conservation variety” or “standard seed of a conservation variety”;

g

the region of origin;

h

where the region of seed production is different from the region of origin, the indication of the region of seed production;

i

the reference number of the lot given by the person responsible for affixing the labels;

j

the declared net or gross weight or declared number of seeds;

k

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

PART 9Supplier’s label for a package of standard seed of an amateur variety

34

The supplier’s label for a package of standard seed of an amateur variety shall contain the following information:—

a

the words “EU rules and standards”;

b

the name and address of the person responsible for affixing the label or notice or that person’s identification mark;

c

the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word “sealed” or “sampled” (as the case may be), followed by the year in question;

d

the species;

e

the denomination of the amateur variety;

f

the words “amateur variety”;

g

the reference number of the lot given by the person responsible for affixing the labels;

h

the declared net or gross weight or declared number of seeds;

i

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

I131SCHEDULE 9LIMITS OF VARIATION

Regulation 28(2)

Annotations:
Commencement Information
I131

Sch. 9 in operation at 31.12.2009, see reg. 1

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

I132SCHEDULE 10INDEX OF WORDS AND EXPRESSIONS USED IN THESE REGULATIONS

Regulation 31

Annotations:
Commencement Information
I132

Sch. 10 in operation at 31.12.2009, see reg. 1

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)