The Seeds (Fees) (Amendment) Regulations 1999

Made3rd June 1999

Laid before Parliament8th June 1999

Coming into force1st July 1999

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 16(1), 1A(e) and (8) and 36 of the Plant Varieties and Seeds Act 19641, after consultation in accordance with the said section 16(1) with representatives of such interests as appear to them to be concerned, hereby make the following Regulations:

Title and commencement1

These Regulations may be cited as the Seeds (Fees) (Amendment) Regulations 1999 and shall come into force on 1st July 1999.

Amendment2

For Schedules 1 to 6 to the Seeds (Fees) Regulations 19852 there shall be substituted the Schedules set out in the Schedule to these Regulations.

DonoughueParliamentary Secretary, Ministry of Agriculture, Fisheries and Food26th May 1999

SewelParliamentary Under Secretary of State, Scottish Office25th May 1999

Signed by authority of the Secretary of State for Wales

Jon Owen JonesParliamentary Under Secretary of State, Welsh Office3rd June 1999

SCHEDULEPROVISIONS TO BE SUBSTITUTED FOR THE SCHEDULES TO THE SEEDS (FEES) REGULATIONS 1985

Regulation 2

SCHEDULE 1MATTERS ARISING UNDER THE CEREAL SEEDS REGULATIONS 19933
Regulation 3
(1)
(2)
(3)
Matter
When payable
Fee
No Fee
£
£4
Initial feesA
Initial fee per hectare or part thereof for crops intended to produce:
On application for registration
i
pre-basic or basic seed
24.60
(23.45)
ii
certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize
6.20
(5.90)
iii
certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats
5.50
(5.25)
Crop inspection feesB
Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined
On application
12.30
(11.70)
Seed lot feeC
Fee for the issue of an official certificate (other than in the circumstances described under F. below) in respect of a seed lot entered as:–
On application
i
breeder's, pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale, oats or certified seed of rye and maize
40.65
(38.70)
ii
certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats
20.30
(19.35)
Seed testing feesD
Fee for an official examination of seed for loose smut infection of wheat, durum wheat, spelt wheat and barley (per thousand embryos examined)
Within one month of demand by or on behalf of the appropriate Minister
35.70
(34.00)
Fees for additional testsE
Fee for a Tetrazolium seed viability test in C1 Winter Wheat and C1 Winter Barley
Within one month of demand by or on behalf of the appropriate Minister
41.90
(39.90)
(1)
(2)
(3)
Matter
When payable
Fee
No Fee
£
£5
Seed lot re-entry feeF
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered as:–
On application
i
pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize
28.45
(–)
ii
certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats
14.20
(–)
SCHEDULE 2MATTERS ARISING UNDER THE FODDER PLANT SEEDS REGULATIONS 19936
Regulation 3
(1)
(2)
(3)
Matter
When payable
Fee
No Fee
£
£7
Initial feesA
Initial fee per hectare or part thereof for crops intended to produce:
On application for registration
i
pre-basic or basic seed of–
a
grasses, legumes (except field beans and field peas) and crucifers
18.50
(17.60)
b
field beans and field peas
16.00
(15.25)
ii
certified seed of grasses, legumes (except field beans and field peas) and crucifers
8.65
(8.25)
iii
certified seed of the first and second generation of field beans and field peas
7.40
(7.05)
Crop inspection feeB
Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined (including crops of hybrid swede rape and hybrid turnip rape)
On application
12.30
(11.70)
Seed lot feeC
Fee for the issue of an official certificate (other than in the circumstances described under D. below) in respect of a seed lot entered as:–
On application
i
breeder’s seed of–
a
grasses, legumes (except field beans and field peas) and crucifers
33.30
(31.70)
b
field beans and field peas
54.20
(51.60)
ii
pre-basic or basic seed of–
a
grasses, legumes (except field beans and field peas) and crucifers
62.85
(59.85)
b
field beans and field peas
54.20
(51.60)
iii
certified seed of grasses, legumes (except field beans and field peas) and crucifers
62.85
(59.85)
iv
certified seed of the first and second generation of field beans and field peas
50.50
(48.10)
v
commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993
55.45
(52.80)
(1)
(2)
(3)
Matter
When payable
Fee
No Fee
£
£8
Seed lot re-entry feeD
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered as:–
On application
i
pre-basic or basic seed of–
a
grasses, legumes (except field beans and field peas) and crucifers
44.00
(–)
b
field beans and peas
37.95
(–)
ii
certified seed of grasses, legumes (except field beans and field peas) and crucifers
44.00
(–)
iii
certified seed of the first and second generation of field beans and peas
35.35
(–)
iv
commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993
38.80
(–)
SCHEDULE 3MATTERS ARISING UNDER THE OIL AND FIBRE PLANT SEEDS REGULATIONS 19939
Regulation 3
(1)
(2)
(3)
Matter
When payable
Fee
Old fee
£
£10
Initial feesA
Initial fee per hectare or part thereof for crops intended to produce:
On application for registration
i
pre-basic or basic seed
27.15
(25.85)
ii
all other categories of seed
12.95
(12.35)
Crop inspection feesB
Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined
On application
12.30
(11.70)
Seed lot feeC
Fee for the issue of an official certificate (other than in the circumstances described under E. below) in respect of a seed lot entered as:–
On application
i
breeder's, pre-basic or basic seed
49.30
(46.95)
ii
all other categories of seed
49.30
(46.95)
Seed testing feesD
Fees for an official examination of seed for:–
Within one month of demand by or on behalf of the appropriate Minister
i
sunflower for Botrytis spp
41.85
(39.85)
ii
flax and linseed for:–
a
Alternaria spp
b
Phoma exiqua var. linicola
c
Colletotrichum lini
d
Fusarium spp
e
Botrytis spp
34.45
(32.80)
iii
soya bean for Pseudomonas syringae pv. glycinea spp
for one sub-sample test
60.00
(–)
for five sub-sample tests
200
(–)
iv
soya bean for Diaporthe phaselorum spp
37.50
(–)
Seed lot re-entry feeE
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered in any category
On application
34.50
(–)
SCHEDULE 4MATTERS ARISING UNDER THE BEET SEEDS REGULATIONS 199311
Regulation 3
(1)
(2)
(3)
Matter
When payable
Fee
No Fee
£
£12
Initial feesA
Initial fee per hectare or part thereof for crops intended to produce:
On application for registration
i
pre-basic or basic seed
32.05
(30.50)
ii
certified seed
14.80
(14.10)
Crop inspection feesB
Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined
On application
12.30
(11.70)
Seed lot feeC
Fee for the issue of an official certificate (other than in the circumstances described under D. below) in respect of a seed lot entered as:–
On application
i
pre-basic or basic seed
60.40
(57.50)
ii
certified seed
59.10
(56.30)
Seed lot re-entry feeD
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered as:–
On application
i
pre-basic or basic seed
42.30
(–)
ii
certified seed
41.40
(–)
SCHEDULE 5MATTERS ARISING UNDER THE VEGETABLE SEEDS REGULATIONS 199313
Regulation 3
(1)
(2)
(3)
Matter
When payable
Fee
No Fee
£
£14
Initial feesA
Initial fee for crops intended to produce:
On application for registration
i
pre-basic or basic seed of–
a
all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered
43.10
(41.05)
b
peas and broad beans per hectare or part thereof entered
27.15
(25.85)
c
cucumber, gherkin and tomato, per crop entered
43.10
(41.05)
ii
certified seed of–
a
all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered
23.35
(22.25)
b
peas and broad beans per hectare or part thereof entered
11.10
(10.55)
c
cucumber, gherkin and tomato, per crop entered
23.35
(22.25)
Crop inspection feesB
Fee for official examination or re-examination of crops intended to produce:
On application
i
A(i)(a) or (b) above, per hectare or part thereof examined
12.30
(11.70)
ii
A(i)(c) above, per crop examined
12.30
(11.70)
Seed lot feeC
Fee for the issue of an official certificate (other than in the circumstances described under D. below) in respect of a seed lot entered
On application
98.55
(93.85)
Seed lot re-entry feeD
Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered in any category
On application
69.00
(–)
SCHEDULE 6MATTERS ARISING UNDER THE SEEDS (REGISTRATION, LICENSING AND ENFORCEMENT) REGULATIONS 198515
Regulation 3
(1)
(2)
(3)
Matter
When payable
Fee
No Fee
£
£16
Representations by, and hearings of, a seed merchant, processor or packerA
i
Fee for making written representations to the Minister
On making representations
30.80
(29.35)
ii
Fee for being heard by a person appointed by the Minister
On applying to be heard
61.60
(58.65)
Licensed Seed Testing StationsB
i
Annual fee payable during the currency of the licence (or a proportion thereof in respect of a part of a year)
Within one month of demand by the Minister, annually in advance
2,033.00
(1,936.00)
ii
Fee payable by a Licensed Seed Testing Station in respect of an official examination of seed
Within one month of demand by the Minister, annually in arrears
8.75
(4.65)

(1)	(2)	(3)
Matter	When payable	Fee	No Fee
		£	£4
Initial feesA Initial fee per hectare or part thereof for crops intended to produce:	On application for registration
i pre-basic or basic seed		24.60	(23.45)
ii certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize		6.20	(5.90)
iii certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats		5.50	(5.25)
Crop inspection feesB Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined	On application	12.30	(11.70)
Seed lot feeC Fee for the issue of an official certificate (other than in the circumstances described under F. below) in respect of a seed lot entered as:–	On application
i breeder's, pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale, oats or certified seed of rye and maize		40.65	(38.70)
ii certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats		20.30	(19.35)
Seed testing feesD Fee for an official examination of seed for loose smut infection of wheat, durum wheat, spelt wheat and barley (per thousand embryos examined)	Within one month of demand by or on behalf of the appropriate Minister	35.70	(34.00)
Fees for additional testsE Fee for a Tetrazolium seed viability test in C1 Winter Wheat and C1 Winter Barley	Within one month of demand by or on behalf of the appropriate Minister	41.90	(39.90)

(1)	(2)	(3)
Matter	When payable	Fee	No Fee
		£	£5
Seed lot re-entry feeF Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered as:–	On application
i pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize		28.45	(–)
ii certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats		14.20	(–)

(1)	(2)	(3)
Matter	When payable	Fee	No Fee
		£	£7
Initial feesA Initial fee per hectare or part thereof for crops intended to produce:	On application for registration
i pre-basic or basic seed of– a grasses, legumes (except field beans and field peas) and crucifers		18.50	(17.60)
b field beans and field peas		16.00	(15.25)
ii certified seed of grasses, legumes (except field beans and field peas) and crucifers		8.65	(8.25)
iii certified seed of the first and second generation of field beans and field peas		7.40	(7.05)
Crop inspection feeB Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined (including crops of hybrid swede rape and hybrid turnip rape)	On application	12.30	(11.70)
Seed lot feeC Fee for the issue of an official certificate (other than in the circumstances described under D. below) in respect of a seed lot entered as:–	On application
i breeder’s seed of– a grasses, legumes (except field beans and field peas) and crucifers		33.30	(31.70)
b field beans and field peas		54.20	(51.60)
ii pre-basic or basic seed of– a grasses, legumes (except field beans and field peas) and crucifers		62.85	(59.85)
b field beans and field peas		54.20	(51.60)
iii certified seed of grasses, legumes (except field beans and field peas) and crucifers		62.85	(59.85)
iv certified seed of the first and second generation of field beans and field peas		50.50	(48.10)
v commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993		55.45	(52.80)

(1)	(2)	(3)
Matter	When payable	Fee	No Fee
		£	£8
Seed lot re-entry feeD Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered as:–	On application
i pre-basic or basic seed of– a grasses, legumes (except field beans and field peas) and crucifers		44.00	(–)
b field beans and peas		37.95	(–)
ii certified seed of grasses, legumes (except field beans and field peas) and crucifers		44.00	(–)
iii certified seed of the first and second generation of field beans and peas		35.35	(–)
iv commercial seed of the kinds for the time being specified in regulation 3(3) of the Fodder Plant Seeds Regulations 1993		38.80	(–)

(1)	(2)	(3)
Matter	When payable	Fee	Old fee
		£	£10
Initial feesA Initial fee per hectare or part thereof for crops intended to produce:	On application for registration
i pre-basic or basic seed		27.15	(25.85)
ii all other categories of seed		12.95	(12.35)
Crop inspection feesB Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined	On application	12.30	(11.70)
Seed lot feeC Fee for the issue of an official certificate (other than in the circumstances described under E. below) in respect of a seed lot entered as:–	On application
i breeder's, pre-basic or basic seed		49.30	(46.95)
ii all other categories of seed		49.30	(46.95)
Seed testing feesD Fees for an official examination of seed for:–	Within one month of demand by or on behalf of the appropriate Minister
i sunflower for Botrytis spp		41.85	(39.85)
ii flax and linseed for:– a Alternaria spp b Phoma exiqua var. linicola c Colletotrichum lini d Fusarium spp e Botrytis spp		34.45	(32.80)
iii soya bean for Pseudomonas syringae pv. glycinea spp
for one sub-sample test		60.00	(–)
for five sub-sample tests		200	(–)
iv soya bean for Diaporthe phaselorum spp		37.50	(–)
Seed lot re-entry feeE Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered in any category	On application	34.50	(–)

(1)	(2)	(3)
Matter	When payable	Fee	No Fee
		£	£12
Initial feesA Initial fee per hectare or part thereof for crops intended to produce:	On application for registration
i pre-basic or basic seed		32.05	(30.50)
ii certified seed		14.80	(14.10)
Crop inspection feesB Fee for official examination or re-examination of crops intended to produce pre-basic or basic seed, per hectare or part thereof examined	On application	12.30	(11.70)
Seed lot feeC Fee for the issue of an official certificate (other than in the circumstances described under D. below) in respect of a seed lot entered as:–	On application
i pre-basic or basic seed		60.40	(57.50)
ii certified seed		59.10	(56.30)
Seed lot re-entry feeD Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered as:–	On application
i pre-basic or basic seed		42.30	(–)
ii certified seed		41.40	(–)

(1)	(2)	(3)
Matter	When payable	Fee	No Fee
		£	£14
Initial feesA Initial fee for crops intended to produce:	On application for registration
i pre-basic or basic seed of–
a all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered		43.10	(41.05)
b peas and broad beans per hectare or part thereof entered		27.15	(25.85)
c cucumber, gherkin and tomato, per crop entered		43.10	(41.05)
ii certified seed of–
a all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered		23.35	(22.25)
b peas and broad beans per hectare or part thereof entered		11.10	(10.55)
c cucumber, gherkin and tomato, per crop entered		23.35	(22.25)
Crop inspection feesB Fee for official examination or re-examination of crops intended to produce:	On application
i A(i)(a) or (b) above, per hectare or part thereof examined		12.30	(11.70)
ii A(i)(c) above, per crop examined		12.30	(11.70)
Seed lot feeC Fee for the issue of an official certificate (other than in the circumstances described under D. below) in respect of a seed lot entered	On application	98.55	(93.85)
Seed lot re-entry feeD Fee for the issue of an official certificate in respect of a seed lot which was entered for one category and has been withdrawn and is being re-entered in any category	On application	69.00	(–)

(1)	(2)	(3)
Matter	When payable	Fee	No Fee
		£	£16
Representations by, and hearings of, a seed merchant, processor or packerA i Fee for making written representations to the Minister	On making representations	30.80	(29.35)
ii Fee for being heard by a person appointed by the Minister	On applying to be heard	61.60	(58.65)
Licensed Seed Testing StationsB i Annual fee payable during the currency of the licence (or a proportion thereof in respect of a part of a year)	Within one month of demand by the Minister, annually in advance	2,033.00	(1,936.00)
ii Fee payable by a Licensed Seed Testing Station in respect of an official examination of seed	Within one month of demand by the Minister, annually in arrears	8.75	(4.65)

(This note is not part of the Regulations)

These Regulations, which come into force on 1st July 1999, amend the Seeds (Fees) Regulations 1985 (as amended). They prescribe revised fees in respect of matters arising under the Cereal Seeds Regulations 1993 (as amended), the Fodder Plant Seeds Regulations 1993 (as amended), the Oil and Fibre Plant Seeds Regulations 1993 (as amended), the Beet Seeds Regulations 1993 (as amended), the Vegetable Seeds Regulations 1993 (as amended) and the Seeds (Registration, Licensing and Enforcement) Regulations 1985 (as amended) (regulation 2).

The matters in respect of which the revised fees are prescribed are listed in the Schedule to these Regulations, and the fees which were chargeable before these Regulations came into force are printed in italics beside the revised fees. The tests on soya bean seeds set out in Schedule 3 paragraph D and the seed lot re-entry fees in Schedules 1 to 5 are new.

The fee payable by a License Seed Testing Station in respect of an official examination of seed has been increased from £4.65 to £8.75. All other fees have been increased by 5 per cent. rounded to the nearest five pence except in the case of the annual fee for Licensed Seed Testing Stations which has been rounded to the nearest £1.

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Ministry of Agriculture, Fisheries and Food, White House Lane, Huntingdon Road, Cambridge CB3 0LF.