Explanatory Note
(This note is not part of the Regulations)
These Regulations consolidate, with amendments, the provisions of the Cereal Seeds Regulations 1985, as amended.
The Regulations which come into force on 1st September 1993, continue to restrict the marketing in Great Britain of cereal seeds to specified categories meeting prescribed standards (regulations 3(3), 5(1) and Schedule 4), to require such seeds to be sold in sealed packages labelled or marked with prescribed particulars (regulations 8 and 9 and Schedule 6) and to make tampering with labels prescribed by regulations an offence (regulation 9(14)). The Regulations also continue to make provision for the taking of samples for the verification of standards (regulation 7 and Schedule 5) and provide that certain particulars stated or implied on a package of seeds are deemed to constitute a statutory warranty by the seller for the protection of the purchaser for the purpose of section 17 of the Plant Varieties and Seeds Act 1964 (regulation 10(1)).
The consolidation incorporates a provision required under Council Directive 88/380/EEC (OJ No. L187, 16.7.88, p. 31), and previously dealt with by a General Licence under Regulation 5(3)(d) of the 1985 Regulations. This relates to the marketing to other Member States of seed in respect of which an official certificate has not been issued (regulation 5(14) and Schedule 6 Part IF).
It also makes provision as required under Commission Directive 93/2/EEC (OJ No. L54, 5.3.93, p. 20) and previously dealt with by General Licence under regulation 5(3)(a) and (b) of the 1985 Regulations for the marketing of oats varieties which are officially classified as “naked oat” types with a minimum germination of 75% (Schedule 4).
The Regulations implement Council Directive 66/402/EEC (OJ No. L125, 11.7.66, p. 2309/66) (OJ/SE 1965-66, p. 143) on the marketing of cereal seed as amended.