Part II Seeds and Seed Potatoes
Regulation of sales
P1C316C1 Seeds regulations.
P2P3P4P51
The Minister, after consultation with representatives of such interests as appear to him to be concerned, may by statutory instrument make such regulations as appear to him to be necessary or expedient for the purpose—
a
of ensuring that reliable and adequate information is afforded as to the nature, condition and quality of seeds which are sold or are for sale,
b
of preventing the sale of seeds which are deleterious, and of preventing the sale of seeds which have not been tested for purity and germination, or which are of a variety the performance of which has not been subjected to trials,
c
of preventing the spread of plant disease by F1means of seeds,
d
of regulating the descriptions under which seeds are sold, and
e
of prescribing anything which, under this Part of this Act, is authorised or required to be prescribed,
and regulations under this section shall be known as seeds regulations.
F2P3P51A
Seeds regulations may further make provision for regulating the marketing, or the importation or exportation, of seeds or any related activities (whether by reference to officially published lists of permitted varieties or otherwise), and may in that connection include provision—
a
for the registration or licensing of persons engaged in the seeds industry or related activities;
b
for ensuring that seeds on any official list remain true to variety;
c
for the keeping and inspection of records and the giving of information;
d
for conferring rights of appeal to the Tribunal;
P52
Seeds regulations may include provisions as to the packets, bags, trays or other containers in which seeds may be sold or delivered to purchasers, and requirements as to the marking of such containers.
P53
Seeds regulations may in particular—
a
require information to be given in the prescribed manner (which may include the giving of it on any label, container or package) as regards seeds which are sold or offered or exposed for sale and, in particular, require the seller of any seeds to deliver a statement containing the prescribed particulars to the purchaser within the time limited by the regulations,
b
require any of the particulars contained in a statement to be delivered to a purchaser or other person under seeds regulations to be particulars ascertained on a test of the seeds,
c
prohibit the selling, or the offering or exposing for sale, of seeds which contain more than a prescribed proportion of weed seeds, or of weed seeds of a prescribed kind,
d
prohibit persons from using, in relation to seeds which are sold, or are offered or exposed for sale, a prescribed name or designation or description except where the seeds have been grown or selected under the prescribed conditions,
e
require persons who deal in seeds to supply the Minister with information as to, and to keep records of,—
i
transactions in seeds,
ii
statutory statements given or received by them, and other statements or invoices given or received by them in connection with the sale of seeds,
iii
processes or treatments applied to seeds, and
iv
the results of tests of seeds,
and authorise officers of the Minister and other persons to call for production of the records,
f
where persons who deal in seeds also grow seeds, require those persons to supply the Minister with information as to, and to keep records of—
i
F3areas sown, and
ii
the yields of the crops,
and authorise officers of the Minister and other persons to call for production of the records,
g
regulate the procedure to be observed at, and the conduct of, official testing stations and other establishments at which tests may be carried out for the purposes of the regulations,
h
regulate the manner in which any tests are to be made for the purposes of this Part of this Act,
i
provide for the licensing by the Minister of establishments for the testing of seeds, other than official testing stations, and authorise the Minister to charge a fee for, and to attach conditions to, any such licence and to make the conditions enforceable by withdrawal of the licence or by making a breach of any of the conditions an offence against seeds regulations.
P54
In prescribing the manner in which samples are to be taken for the purposes of any provision in this Part of this Act or for the purposes of seeds regulations, the regulations—
a
may impose conditions as to the persons authorised to take samples and the places where they may be taken,
b
may require the person taking a sample to give part of it to the owner of the seeds or to some other person, may prescribe the manner in which the sample is to be divided into parts and may impose duties as respects the marking or labelling and the preservation of the parts of the sample, and
c
may provide for the identification, by the labelling or marking of their container or by some other method, of seeds from which a sample has been taken.
P3P55
Seeds regulations—
a
may exempt, or authorise the Minister to exempt, any person or class of persons, or persons generally, from compliance with any of the provisions of the regulations, and may provide that the exemptions are to be, or may be made, subject to conditions, and
b
may contain such transitional provisions consequent on the repeal of the M1Seeds Act 1920 by this Act as may appear to the Minister to be expedient.
F45A
In determining any fees to be charged under seeds regulations the Minister may have regard to the costs incurred by him in connection with the enforcement of the regulations.
6
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
7
If any person—
C2a
in a statutory statement includes anything which is false in a material particular, or
b
F7P2P3P58
The Ministers acting jointly may make seeds regulations for the whole of Great Britain.