The Fodder Plant Seed (England) Regulations 2002 (revoked)

PART I U.K. GENERAL

Title, extent and commencement U.K.

1.  These Regulations may be cited as the Fodder Plant Seed (England) Regulations 2002, shall extend to England and shall come into force on 31st January 2003.

General interpretation U.K.

2.—(1) In these Regulations—

“the Act” means the Plant Varieties and Seeds Act 1964;

[F1 “Annex II.A(3) official certificate” means an official certificate of the type specified in paragraph 3 of Part A of Annex II to the Third Country Equivalence Decision;]

“Annex V(C) document” means an official document of the type specified in the second indented sub-paragraph of Article 15(2) of the Fodder Plant Seed Directive containing the particulars specified in Part C of Annex V to the Directive;

“another member State” means an EEA State other than the United Kingdom;

[F2 “approved seed certification authority” means an authority specified in column 2 of the table set out in Annex I to the Third Country Equivalence Decision;]

“authorised officer” means an officer authorised for the purposes of these Regulations by the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;

“blended seed lot” means a seed lot obtained by blending seed where the seed that goes into the blend is—

(a)

of the same variety;

(b)

has come from different sources; and

(c)

either—

(i)

has been officially certified;

(ii)

has not been officially certified but has been harvested from a seed crop for which a field inspection report has been issued showing that the crop met the Directive crop conditions for the relevant category of seed; or

(iii)

is made up of seed that has been officially certified and seed that has not but for which a field inspection report of the type specified in sub-paragraph (ii) has been issued;

“breeder”—

(a)

in relation to a variety that has not been entered in a National List or the Common Catalogue, includes any person lawfully multiplying (on his own account) seed bred by another, and

(b)

in relation to a variety that has been so entered, means the maintainer of the variety;

“breeder’s seed” means seed which has been produced by or under the responsibility of the breeder and which is intended for the production of pre-basic or basic seed;

“Common Catalogue” means the Common Catalogue of varieties of species of agricultural plants published in the Official Journal of the European Communities;

[F3 “the Common Catalogue Directive” means Council Directive 2002/53/EC(1) on the common catalogue of varieties of agricultural plant species, as last amended by the Food and Feed Regulation;]

“component” means a component of a hybrid variety;

“control plot” means a plot sown with seed from an official sample of seed from a seed lot (whether the official sample of the seed submitted with an application made under regulation 6(1) or another official sample of the seed);

[F4 “the Deliberate Release Directive” means Council Directive 2001/18/EC(2) on the deliberate release into the environment of genetically modified organisms, as last amended by Council Regulation (EC) No 1830/2003(3) concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms;]

“Department of Agriculture and Rural Development” means the Department of Agriculture and Rural Development in Northern Ireland;

“Directive crop conditions” means the conditions laid down in Annex I to the Fodder Plant Seed Directive;

“Directive seed conditions” means the conditions laid down in Annex II to the Fodder Plant Seed Directive;

“the EC minimum percentage of germination” means the appropriate percentage of germination specified in column 2 of the table in paragraph 14 of Schedule 4;

[F5 “EEA State” means –

(a)

a State which is a member of the Communities; and

(b)

Iceland, Liechtenstein and Norway;]

“entered seed lot” means a seed lot in respect of which an application has been made under regulation 6 in accordance with regulation 6(2)(a), (b)(i) and (c);

[F6 “equivalent third country” means Argentina, Australia, Bulgaria, Canada, Chile, Croatia, Israel, Morocco, New Zealand, Romania, Serbia and Montenegro, South Africa, Turkey, the United States of America, and Uruguay;]

[F7 “the Fodder Plant Seed Directive” means Council Directive 66/401/EEC(4) on the marketing of fodder plant seed, to which the relevant amendments are Commission Decision 2004/266/EC(5); Commission Directive 2004/55/EC(6); and Commission Decision 2004/371/EC(7);]

[F8 “the Food and Feed Regulation” means Council Regulation (EC) No 1829/2003(8) on genetically modified food and feed;]

[F9 “genetically modified” has the same meaning as for the purposes of the Deliberate Release Directive;]

“germination condition” means the condition in paragraph 14 of Schedule 4;

“Higher Voluntary Standards” means the standards specified in Schedule 4 as being HVS standards and the abbreviation “HVS” shall be construed accordingly;

“an HVS species of seed” means seed of any of the following species—

(a)

cocksfoot;

(b)

festulolium;

(c)

hybrid ryegrass;

(d)

Italian ryegrass;

(e)

lucerne;

(f)

meadow fescue;

(g)

perennial ryegrass;

(h)

red clover;

(i)

red fescue;

(j)

sainfoin;

(k)

small Timothy;

(l)

smooth-stalked meadowgrass;

(m)

tall fescue;

(n)

Timothy; and

(o)

white clover;

“homogeneous seed lot” means a seed lot that has been subject to appropriate mixing and blending techniques so that the seed in the lot is as uniform as practicable;

“ISTA” means the International Seed Testing Association;

“late entered seed lot” means a seed lot in respect of which an application has been made under regulation 6(1) in accordance with regulation 6(2)(a), (b)(ii) and (c);

“licensed crop inspector” means a person who has been granted a licence under regulation 11 of the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002(5) or by the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development under provisions equivalent to that regulation;

“licensed EC crop inspector” means a person authorised by a competent seed certification authority in another member State, pursuant to Article 2(3)(i)(c) of the Fodder Plant Seed Directive, to carry out field inspections of crops in that member State;

“licensed EC seed testing station” means a seed testing laboratory authorised by the competent seed certification authority in another member State, pursuant to Article 3 of Commission Decision 98/320/EC(6) on the organisation of a temporary experiment on seed sampling and seed testing pursuant to Council Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC as last amended by Commission Decision 2002/280/EC(7), to carry out seed testing in that member State;

“licensed seed sampler” means a person who has been granted a licence under regulation 18 of the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002 or by the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development under provisions equivalent to that regulation;

“licensed seed testing station” means a laboratory in respect of which a licence has been granted under regulation 25 of the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002 or by the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development under provisions equivalent to that regulation;

“licensed third country crop inspector” means a person authorised by an approved seed certification authority in an equivalent third country pursuant to—

(a)

in the case of fine grasses, fodder grasses, small seeded legumes and large seeded legumes, the OECD Grass and Legume Seed Scheme, and

(b)

in the case of crucifers, the OECD Crucifer and Oil and Fibre Seed Scheme;

to carry out field inspections of crops in that country;

“licensed third country seed testing station” means a seed testing laboratory authorised by the approved seed certification authority in an equivalent third country, pursuant to the provisions of the second paragraph of Article 2(4) of, and Annex V to, the OECD Decision, to carry out seed testing in that country;

“listed variety” means a plant variety that is entered in a National List or the Common Catalogue;

“listing” means the entry of a variety on a National List or the Common Catalogue and “listed” shall be construed accordingly;

“maintainer” means a person who is indicated in a National List or in the Common Catalogue as responsible for maintaining a plant variety in accordance with the characteristics to which regard was had when the plant variety was entered in the List or the Common Catalogue;

“marketing extension” means an extension granted by the Secretary of State, the Scottish Ministers, the National Assembly for Wales, the Department of Agriculture and Rural Development or the competent seed certification authority in another member State pursuant to Article 15 of the Common Catalogue Directive allowing an extended period for the certification and marketing of seed of a variety that has been deleted from its catalogue and the Common Catalogue;

[F10 “member State” means, in addition to a State which is a member of the Communities, any other EEA State and Switzerland;]

“a National List” means a list of varieties of fodder species for the time being published in accordance with the Seeds (National Lists of Varieties) Regulations 2001(8);

“a non-fodder grass variety” means a variety that has not been examined for value for cultivation and use;

“OECD” means the Organisation for Economic Co-operation and Development;

“OECD Certificate” means a certificate issued by or on behalf of an approved seed certification authority in an equivalent third country under—

(a)

in the case of fine grasses, fodder grasses, small seeded legumes and large seeded legumes, the OECD Grass and Legume Seed Scheme, and

(b)

in the case of crucifers, the OECD Crucifer and Oil and Fibre Seed Scheme;

“OECD Crucifer and Oil and Fibre Seed Scheme” means the OECD Scheme for the varietal certification of crucifer seed and other oil and fibre species seed moving in international trade in Annex VII to the OECD Decision;

“OECD Decision” means the Decision of the OECD Council revising the OECD Schemes for Varietal Certification of the Control of Seed Moving in International Trade(9);

“OECD Grass and Legume Seed Scheme” means the OECD Scheme for the varietal certification of grass and legume seed moving in international trade in Annex VI to the OECD Decision;

“OECD List” means the OECD List of Varieties Eligible for Certification;

“official label” means a label issued or authorised by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;

“official measures” includes—

(a)

the disposal and determination, where applicable, of applications made in accordance with regulation 6, 8, 9, 10, 11, 12, 13, 19 and 20, including the growing and assessment of control plots and the carrying out of field inspections and seed testing in connection with the disposal and determination of such applications; and

(b)

the receipt and acknowledgement of notifications given under regulation 7,

and such other activities as may be necessary for those purposes;

“official sample” means a sample of seed taken from a seed lot in accordance with regulation 23 and “official sampling” shall be construed accordingly;

[F11 “official stamp” means a stamp issued or authorised by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;]

“official UK field inspection” means a field inspection carried out by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;

“official UK seed test” means a seed test carried out by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;

F12 ...

“previously listed variety” means a plant variety that was previously entered in—

(a)

a National List or, in the case of another member State, the catalogue maintained by that State pursuant to Article 3 of the Common Catalogue Directive, and

(b)

the Common Catalogue,

but which has been removed from both of them;

“registered name”, in relation to a mixture of seeds to which regulation 22(1) or (2) applies means the name under which such a mixture has been registered under regulation 22(5);

“registered person” means a person registered under regulation 5 of the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002 as a person who may engage in a relevant seed industry activity;

“regulation 19 authorisation” means an authorisation granted in accordance with regulation 19;

“regulation 20 authorisation” means an authorisation granted in accordance with regulation 20;

“Schedule 4 germination test” means a test to determine whether the seed being tested attains the percentage of germination specified in column 2 of the table in paragraph 14 of Schedule 4;

“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;

“seed industry activity” has the same meaning as in regulation 2 of the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002;

“seed lot” means an identifiable consignment of seeds of a weight that does not exceed the weight specified in column 2 of the table in Schedule 7 for the species specified in column 1 of that table by more than 5% and that bears a unique seed lot reference number, and includes a blended seed lot and a seed lot that contains seed from different crops of the same variety grown on the same holding and combined on the grower’s holding prior to processing;

“seed that has been subject to satisfactory official post control” means seed taken from a seed lot for which a control plot has been sown by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and which has produced plants which have been examined by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, as the case may be, and has been found, having regard to—

(a)

the conditions laid down in—

(i)

paragraphs 4 to 8, 10 and 12 of Schedule 3, and

(ii)

[F13 paragraphs 1 to 3] of Schedule 4, and

(b)

the category of the seed to be produced,

to be satisfactory seed from which to produce that category of seed;

“small EC A package of seed” means a package containing a mixture of seeds to which regulation 22(1) applies with a net weight of not more than 2 kilograms excluding any granulated pesticides, pelleting substances or other solid additives that may be in the mixture;

“small EC B package of seed” means—

(a)

a package containing basic, CS, C1, C2 or commercial seed with a net weight of not more than 10 kilograms excluding any granulated pesticides, pelleting substances or other solid additives in the seed;

(b)

a package, other than a small EC A package of seed, containing a mixture of seeds to which regulation 22(1) applies with a net weight of not more than 10 kilograms excluding any granulated pesticides, pelleting substances or other solid additives in the seed; or

(c)

a package containing a mixture of seeds to which regulation 22(2) applies with a net weight of not more than 10 kilograms excluding any granulated pesticides, pelleting substances or other solid additives in the seed;

“third country” means a country other than a member State;

[F14 “the Third Country Equivalence Decision” means Council Decision 2003/17/EC(9) on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries, as last amended by Council Regulation (EC) No 885/2004(10);]

“a UK field inspection carried out under official supervision” means an examination of a crop carried out under official supervision by a licensed crop inspector;

“a UK seed test carried out under official supervision” means a seed test carried out under official supervision by a licensed seed testing laboratory;

“unlisted variety” means a variety that is not a listed variety;

“whenever carried out”—

(a)

in relation to an official UK field inspection of a crop being grown to produce seed of a listed variety or a component of a listed hybrid variety, means an inspection carried out before or after the listing of the variety or hybrid variety;

(b)

in relation to an official UK field inspection of a crop being grown to produce seed of a previously listed variety or a component of a previously listed hybrid variety, means an inspection carried out while the variety or hybrid variety was listed or after it became unlisted;

(c)

in relation to an official UK seed test or a UK seed test carried out under official supervision of seed of a listed variety or a component of a listed hybrid variety, means a test carried out before or after the listing of the variety or hybrid variety; and

(d)

in relation to an official UK seed test or a UK seed test carried out under official supervision of seed of a previously listed variety or a component of a previously listed hybrid variety, means a test carried out while the variety or hybrid variety was listed or after it became unlisted.

(2) All applications, approvals, authorisations, notices, notifications and statements to which these Regulations apply shall be made in writing.

(3) “Writing” in paragraph (2) shall include an electronic communication within the meaning of the Electronic Communications Act 2000(11) provided that—

(a) any document of the type referred to in paragraph (2) shall only be sent to the Secretary of State by an electronic communication if the Secretary of State has represented that electronic communication is a means by which persons can send such a document to her, and

(b) notifications required to be made by the Secretary of State to any person shall only be made by an electronic communication if the intended recipient has himself used the same form of electronic communication in communicating with the Secretary of State for the purpose of these Regulations or has otherwise represented that that form of electronic communication is a means by which the Secretary of State can communicate with him.

(4) Expressions in these Regulations which are not defined in this regulation or elsewhere in these Regulations, or in the Schedules to these Regulations, and which appear in the Fodder Plant Seed Directive have the same meaning in these Regulations as they have in that Directive.

(5) Schedule 1, which contains definitions of pre-basic seed and similar expressions, basic seed and similar expressions, CS, C1 and C2 seed and similar expressions, commercial seed and similar expressions and expressions relating to imported not finally certified seed, shall apply to the interpretation of these Regulations.

Textual Amendments

F1 Words in reg. 2(1) inserted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(2)(a)

F2 Words in reg. 2(1) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(2)(b)

F3 Words in reg. 2(1) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(2)(c)

F4 Words in reg. 2(1) inserted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(2)(d)

F5 Words in reg. 2(1) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(2)(e)

F6 Words in reg. 2(1) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(2)(f)

F7 Words in reg. 2(1) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(2)(g)

F8 Words in reg. 2(1) inserted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(2)(h)

F9 Words in reg. 2(1) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(2)(i)

F10 Words in reg. 2(1) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(2)(j)

F11 Words in reg. 2(1) inserted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(2)(k)

F12 Words in reg. 2(1) deleted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(2)(l)

F13 Words in reg. 2(1) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(2)(m)

F14 Words in reg. 2(1) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(2)(n)

Definitions relating to plant species U.K.

3.  In these Regulations—

“Alaska brome-grass” means plants of the species Bromus sitchensis Trin.;

“Alsike clover” means plants of the species Trifolium hybridum L.;

“annual meadowgrass” means plants of the species Poa annua L.;

“birdsfoot trefoil” means plants of the species Lotus corniculatus L.;

“blue lupin” means plants of the species Lupinus angustifolius L. which is also commonly known as “narrow-leaved lupin”;

“brown top” means plants of the species Agrostis capillaris L.;

[F15 “cocksfoot” means plants of the species Dactylis glomerata L.;]

“common vetch” means plants of the species Vicia sativa L.;

“creeping bent grass” means plants of the species Agrostis stolonifera L.;

“crucifers” means fodder kale, fodder radish and swede;

“dodder” means plants of the species Cuscuta;

[F16 “festulolium” means plants of the species Festuca arundinacea Schreber; Festuca ovina L.; Festuca pratensis Hudson; or Festuca rubra L. x Lolium multiflorum Lam.; Lolium perenne L.; or Lolium x boucheanum Kunth;]

“field bean” means plants of the species Vicia faba L. (partim);

“field pea” means plants of the species Pisum sativum L. (partim);

“fine grasses” means grasses of the species specified in paragraph 1 of Schedule 2;

“fodder grasses” means grasses of the species specified in paragraph 2 of Schedule 2;

“fodder kale” means plants of the species Brassica oleracea L. convar. acephala (DC) Alef. var. medullosa Thell + var. viridis L.;

“fodder radish” means plants of the species Raphanus sativus L. var. Oleiformis Pers.;

“hairy vetch” means plants of the species Vicia villosa Roth;

“Hungarian vetch” means plants of the species Vicia pannonica Crantz;

“hybrid ryegrass” means plants of the species Lolium x boucheanum Kunth;

“Italian ryegrass” means plants of the species Lolium multiflorum Lam. including Westerwolds ryegrass;

“large seeded legumes” means large seeded legumes of the species specified in paragraph 4 of Schedule 2;

“lucerne” means plants of the species Medicago sativa L. and Medicago x varia T. Martyn;

“lupins” means blue, white and yellow lupins;

“meadow fescue” means plants of the species Festuca pratensis Hudson;

“perennial ryegrass” means plants of the species Lolium perenne L.;

“red clover” means plants of the species Trifolium pratense L.;

“red fescue” means plants of the species Festuca rubra L. including chewings fescue;

“red top” means plants of the species Agrostis gigantea Roth;

“rescue grass” means plants of the species Bromus catharticus Vahl.;

“rough stalked meadowgrass” means plants of the species Poa trivialis L.;

“sainfoin” means plants of the species Onobrychis viciifolia Scop.;

“sheep’s fescue” means plants of the species Festuca ovina L. including the plants commonly known as fine-leaved fescue and hard fescue;

“small seeded legumes” means small seeded legumes of the species specified in paragraph 3 of Schedule 2;

“small Timothy” means plants of the species Phleum bertolonii DC.;

“smooth-stalked meadowgrass” means plants of the species Poa pratensis L.;

“swede” means plants of the species Brassica napus L. var. napobrassica (L.) Rchb.;

“tall fescue” means plants of the species Festuca arundinacea Schreber;

“tall oatgrass” means plants of the species Arrhenatherum elatius (L.) J. and C. Presl;

“Timothy” means plants of the species Phleum pratense L.;

“trefoil, black medick” means plants of the species Medicago lupulina L.;

“velvet bent” means plants of the species Agrostis canina L.;

“vetches” means common, hairy and Hungarian vetches;

“white clover” means plants of the species Trifolium repens L.;

“white lupin” means plants of the species Lupinus albus L.;

“wood meadowgrass” means plants of the species Poa nemoralis L.; and

“yellow lupin” means plants of the species Lupinus luteus L.

Textual Amendments

F15 Words in reg. 3 substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(3)(a)

F16 Words in reg. 3 substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(3)(b)

Definition of marketing U.K.

4.—(1) Subject to paragraph (2), in these Regulations “marketing” means—

(a) selling, holding with a view to sale or offering for sale, or

(b) any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,

whether or not for consideration, and “market” and “marketed” shall be construed accordingly.

(2) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations—

(a) the supply of seed to official testing and inspection bodies, and

(b) the supply of seed to a person who provides processing or packaging services but who does not thereby acquire title to the seed supplied,

shall not be regarded as marketing of seed of that variety.

Seed to which these Regulations apply U.K.

5.—(1) Subject to paragraph (2), these Regulations apply to fodder plant seed of the species specified in Schedule 2.

(2) These Regulations shall not apply to seed that is intended for export to a third country.

PART II U.K. PROCEDURES RELATING TO THE OFFICIAL CERTIFICATION OF SEED

Entry of seed lots U.K.

6.—(1) Subject to paragraph (2), an application to enter a seed lot from which it is intended that a crop is to be produced from which—

(a) pre-basic seed;

(b) basic seed;

(c) CS seed;

(d) C1 seed; or

(e) C2 seed of field beans or field peas,

is to be harvested may be made to the Secretary of State by a registered person.

(2) An application made under this regulation—

(a) shall be made in such form and manner as the Secretary of State may require;

(b) shall be made—

(i) at such time as the Secretary of State may require, or

(ii) in the case of an application to enter a seed lot made after that time, at such time as the Secretary of State may otherwise allow; and

(c) shall be accompanied—

(i) unless otherwise agreed by the Secretary of State, by an official sample of seed taken from the seed lot that is identified by the reference number of the seed lot from which it was taken, and

(ii) by such information and other documents as the Secretary of State may require, including, if required, a copy of a qualifying seed test report relating to the seed lot.

(3) At an appropriate time following the receipt of an application made under this regulation, the Secretary of State may sow a control plot with seed taken from an official sample of seed taken from the seed lot (whether the official sample submitted in accordance with paragraph (2)(c)(i) or another official sample of seed taken from the seed lot).

(4) In this regulation—

“appropriate time” means a time during the period when seed of the relevant species is usually sown, and

“qualifying seed test report” means—

(a)

a seed test report issued in accordance with regulation 11(8), (9), (10) or (11), or

(b)

in a case where an official sample taken from the seed lot has been found to meet the conditions for the category of seed for which it was tested under regulation 11(6)(b), a seed test report issued in accordance with regulation 11(12)(b).

Entry of crop U.K.

7.—(1) A registered person who has sown seed from an entered or late entered seed lot from which it is intended to produce a crop from which—

(a) pre-basic seed;

(b) basic seed;

(c) CS seed;

(d) C1 seed; or

(e) C2 seed of field beans or field peas,

is to be harvested shall notify the Secretary of State that he has sown the seed.

(2) A notification given under this regulation—

(a) shall be given in such form and manner as the Secretary of State may require;

(b) shall be given within such time as the Secretary of State may require;

(c) shall specify the reference number of the seed lot from which the sown seed has been taken; and

(d) shall be accompanied by such information and other documents as the Secretary of State may require.

(3) Subject to paragraph (4), the Secretary of State shall acknowledge receipt of a notification given under this regulation.

(4) Subject to paragraph (5), unless specifically requested to do so by the applicant, the Secretary of State shall not individually acknowledge the receipt of each notification given under this regulation that she receives but shall periodically provide the applicant with a list of those crops for which she has received such a notification from him

(5) Where the Secretary of State has previously provided the applicant with a list of those crops for which she has received a notification under this regulation from him, any subsequent list periodically provided to the applicant under paragraph (4) shall list only those crops in respect of which the Secretary of State has received a notification under this regulation from him since last providing the applicant with the last such list.

Field inspection of crops U.K.

8.—(1) Subject to paragraph (2), an application may be made to the Secretary of State by a registered person for the field inspection of—

(a) a crop being produced in England from an entered or late entered seed lot from which it is intended that pre-basic seed is to be harvested (“a regulation 8(1)(a) crop”);

(b) a crop being produced in England from an entered or late entered seed lot from which it is intended that basic seed is to be harvested (“a regulation 8(1)(b) crop”);

(c) a crop being produced in England from a late entered seed lot from which it is intended that CS seed (other than seed of field beans, field peas, Lucerne Medicago sativa, lupins and vetches) is to be harvested (“a regulation 8(1)(c) crop”);

(d) a crop being produced in England from a late entered seed lot from which it is intended that C1 seed of field beans, field peas, lucerne Medicago sativa, lupins or vetches is to be harvested (“a regulation 8(1)(d) crop”);

(e) a crop being produced in England from a late entered seed lot from which it is intended that C2 seed of field beans or field peas is to be harvested (“a regulation 8(1)(e) crop”);

(f) a crop being produced in England from an entered seed lot from which it is intended that CS seed (other than seed of field beans, field peas, lucerne Medicago sativa, lupins and vetches) is to be harvested of a variety that is not listed but for which an outstanding application for listing has been made (“a regulation 8(1)(f) crop”);

(g) a crop being produced in England from an entered seed lot from which it is intended that C1 seed of field beans, field peas, lucerne Medicago sativa, lupins or vetches is to be harvested of a variety that is not listed but for which an outstanding application for listing has been made (“a regulation 8(1)(g) crop”); or

(h) a crop being produced in England from an entered seed lot from which it is intended that C2 seed of field beans or field peas is to be harvested of a variety that is not listed but for which an outstanding application for listing has been made (“a regulation 8(1)(h) crop”).

(2) An application made under paragraph (1) shall not be made in respect of a regulation 8(1)(a), (b), (c), (d) or (e) crop to produce seed of a variety that is not listed, or seed of a component of a hybrid variety that is not listed, unless—

(a) an application for the listing of the variety or the hybrid variety has been made which has not been withdrawn or finally determined, or

(b) a marketing extension is in force in respect of the variety or hybrid variety.

(3) Subject to paragraph (4), an application may be made to a licensed crop inspector by a registered person for the field inspection of—

(a) a crop being produced in England from an entered seed lot from which it is intended that CS seed (other than seed of field beans, field peas, Lucerne Medicago sativa, lupins and vetches) is to be harvested (“a regulation 8(3)(a) crop”);

(b) a crop being produced in England from an entered seed lot from which it is intended that C1 seed of field beans, field peas, lucerne Medicago sativa, lupins or vetches is to be harvested (“a regulation 8(3)(b) crop”); or

(c) a crop being produced in England from an entered seed lot from which it is intended that C2 seed of field beans or field peas is to be harvested (“a regulation 8(3)(c) crop”).

(4) An application under paragraph (3) shall not be made—

(a) in respect of a crop to produce seed of a variety or a hybrid variety that is not listed unless a marketing extension is in force in respect of the variety or hybrid variety, and

(b) except in respect of a crop that is being produced from—

(i) seed that has been subject to satisfactory official post control, or

(ii) seed that is subject to official post control and for which a determination as to whether the seed is satisfactory seed from which to produce seed of the category and, where applicable, level to which the application relates is awaited.

(5) If required by the Secretary of State, an application made under paragraph (3) shall be considered by her instead of a licensed crop inspector.

(6) If permitted by the Secretary of State, an application made under paragraph (3) may be made to her instead of to a licensed crop inspector.

(7) An application made under paragraph (1) or (3) shall be made in such form and manner and at such time as the Secretary of State may require and shall be accompanied by such information, material, records, illustrations and other documents as she may require.

(8) Following the receipt of an application made under paragraph (1) or (3), the Secretary of State (in the case of an application made under paragraph (1) or an application made under paragraph (3) that is being considered by her under paragraph (5) or has been made to her under paragraph (6)), or the licensed crop inspector to whom an application under paragraph (3) has been made (as the case may be) shall inspect the crop in accordance with the relevant provisions of paragraph 11 of Schedule 3 to determine—

(a) whether the crop meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the category of seed intended to be harvested, and

(b) unless requested not to do so by the applicant, whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any other category of seed to which paragraph (17) applies.

(9) Subject to paragraph (13), where in the case of an application made to the Secretary of State under paragraph (1) or an application made under paragraph (3) that is being considered by her under paragraph (5) or has been made to her under paragraph (6), the inspected crop is found to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of—

(a) the category of seed intended to be harvested, and

(b) where applicable, any other category and level of seed to which paragraph (17) applies,

the Secretary of State shall issue a field inspection report (which she shall retain as a lodged report unless instructed not to do so by the applicant) stating (by reference to the relevant category or categories) that the crop has been found to meet those conditions and shall send the report, or (in a case where the original report is to be retained as a lodged report by the Secretary of State) a copy of the report, to the applicant.

(10) Where in the case of an application made under paragraph (3) to a licensed crop inspector the inspected crop is found to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production—

(a) of the category of seed intended to be harvested, and

(b) where applicable, any other category of seed to which paragraph (17) applies.

the licensed crop inspector shall issue a field inspection report to the applicant stating (by reference to the relevant category or categories of seed) that the crop has been found to meet those conditions.

(11) Subject to paragraph (13), where in the case of an application made to the Secretary of State under paragraph (1) or an application made under paragraph (3) that is being considered by her under paragraph (5) or has been made to her under paragraph (6), the inspected crop is found not to satisfy the conditions laid down in Schedule 3 or Part I of Schedule 4 for the production of the category of seed intended to be harvested, the Secretary of State shall issue a field inspection report (which she shall retain as a lodged report unless instructed not to do so by the applicant)—

(a) stating that the crop has been found not to meet those conditions, and

(b) in a case where the crop has been inspected to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any other category of seed to which paragraph (17) applies, stating the conditions (by reference to the relevant category or categories of seed), if any, met by the crop,

and shall send the report, or (in a case where the original report is to be retained as a lodged report by the Secretary of State) a copy of the report, to the applicant.

(12) Where in the case of an application made to a licensed crop inspector under paragraph (3) the inspected crop is found not to satisfy the conditions laid down in Schedule 3 or Part I of Schedule 4 for the production of the category of seed intended to be harvested, the licensed crop inspector shall issue a field inspection report to the applicant—

(a) stating that the crop has been found not to meet those conditions, and

(b) in a case where the crop has been inspected to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any other category of seed to which paragraph (17) applies, stating the conditions (by reference to the relevant category or categories of seed), if any, met by the crop.

(13) Where—

(a) an application has been made to the Secretary of State under paragraph (1), or an application has been made under paragraph (3) that is being considered by her under paragraph (5) or has been made to her under paragraph (6), in respect of a crop produced from seed which was taken from a seed lot for which a control plot has been sown, and

(b) the results of the examination of the control plot show that the plants produced in the plot do not meet the appropriate conditions laid down in Schedule 3 or Part I or III of Schedule 4 for the production of the category of seed intended to be harvested,

the Secretary of State may take account of the results of that examination when carrying out an inspection of the crop to which the application relates and in determining whether she should issue a field inspection report under paragraph (9) or (11).

(14) Where paragraph (15) applies, the Secretary of State may carry out her own examination of—

(i) a crop to which an application made under paragraph (3) relates;

(ii) any other crops that are being produced from seed that has been taken from the same seed lot and in respect of which an application has been made under paragraph (3); or

(iii) both the crops referred to in paragraphs (i) and (ii).

(15) This paragraph applies where—

(a) an application has been made to a licensed crop inspector under paragraph (3) in respect of seed that is subject to official post-control;

(b) the plants produced in the control plot being used for the purpose of the official post control have been examined by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development; and

(c) it has been determined by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, having regard to—

(i) the conditions laid down in paragraphs 4 to 8, 10 and 12 of Schedule 3, and paragraphs 1 and 2 of Schedule 4, and

(ii) the category of seed to which the application relates,

that the plants produced in the control plot are not satisfactory plants from which to produce seed of that category.

(16) Where the Secretary of State has carried out an examination of the crop referred to in paragraph (14)(i) or the crops referred to in paragraph (14)(ii), or has carried out an examination of both the crop referred to in paragraph (14)(i) and the crops referred to in paragraph (14)(ii), she shall inform the applicant whether she is satisfied that the seed used to produce the crop to which his application relates was satisfactory seed to be used for the production of the category of seed to which his application relates, and, if the Secretary of State is satisfied that this is the case, the seed shall be treated as seed that has been subject to satisfactory official post control in relation to seed of that category.

(17) This paragraph applies to the following categories of seed—

(a) in the case of an application made under paragraph (1) relating to a regulation 8(1)(a) crop that has been produced from breeder’s seed, to the category of basic seed;

(b) in the case of an application made under paragraph (1) relating to a regulation 8(1)(a) crop, other than a crop of field beans, field peas, Lucerne Medicago sativa, lupins or vetches, that has been produced from officially certified pre-basic seed, to the categories of basic and CS seed;

(c) in the case of an application made under paragraph (1) relating to a regulation 8(1)(a) crop of Lucerne Medicago sativa, lupins or vetches that has been produced from officially certified pre-basic seed, to the categories of basic and C1 seed;

(d) in the case of an application made under paragraph (1) relating to a regulation 8(1)(a) crop of field beans or field peas that has been produced from officially certified pre-basic seed, to the categories of basic, C1 and C2 seed;

(e) in the case of an application made under paragraph (1) relating to a regulation 8(1)(b) crop that has been produced from breeder’s seed, to the category of pre-basic seed;

(f) in the case of an application made under paragraph (1) relating to a regulation 8(1)(b) crop, other than a crop of field beans, field peas, Lucerne Medicago sativa, lupins or vetches or a component of a hybrid variety of fodder kale, produced from officially certified pre-basic seed, to the categories of pre-basic and CS seed;

(g) in the case of an application made under paragraph (1) relating to a regulation 8(1)(b) crop of lucerne Medicago sativa, lupins or vetches produced from officially certified pre-basic seed, to the categories of pre-basic and C1 seed;

(h) in the case of an application made under paragraph (1) relating to a regulation 8(1)(b) crop of field beans or field peas produced from officially certified pre-basic seed, to the categories of pre-basic, C1 and C2 seed; and

(i) in the case of an application made under paragraph (1) relating to a regulation 8(1)(d) crop or a regulation 8(3) application relating to a regulation 8(3)(b) crop of field beans or field peas, to the category of C2 seed.

(18) In this regulation “seed that is subject to official post control” means seed from a seed lot for which a control plot has been sown by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development to produce plants which are to be, or have been, examined by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, as the case may be, to determine whether, having regard to—

(a) the conditions laid down in—

(i) paragraphs 4 to 8 [F17 , 10 and 12] of Schedule 3, and

(ii) paragraphs 1 to 3 of Schedule 4, and

(b) the category of the seed,

the plants produced in the plot indicate that the corresponding plants in the field are satisfactory plants from which to harvest the category of seed in respect of which the paragraph (3) application has been made.

Textual Amendments

F17 Words in reg. 8(18)(a)(i) inserted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(4)

Lodging of field inspection reports and similar documents U.K.

9.—(1) Subject to paragraphs (2) and (3), an application to lodge a copy of a document to which paragraph (2) applies may be made to the Secretary of State by a registered person.

(2) This paragraph applies—

(a) in relation to a crop produced in England, to a field inspection report issued under regulation 8(9), (10), (11) or (12);

(b) in relation to a crop produced in the United Kingdom elsewhere than in England, to a report relating to the crop equivalent to that specified in sub-paragraph (a) issued—

(i) by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, or

(ii) by a licensed crop inspector;

(c) in relation to a crop produced in another member State, to an Annex V(C) document relating to the crop issued by or on behalf of the competent seed certification authority in the member State; and

(d) in relation to a crop produced in an equivalent third country, to [F18 an Annex II.A(3) official certificate] relating to the crop issued by the approved seed certification authority in that country.

(3) An application made under this regulation—

(a) shall be made in such form and manner as the Secretary of State may require;

(b) shall be made within such time as the Secretary of State may require but, unless otherwise permitted by the Secretary of State, shall be made not later than the time when any seed test report relating to the seed harvested from the crop is lodged with the Secretary of State under regulation 12;

(c) shall, subject to paragraph (4), be accompanied—

(i) in relation to a crop produced in England, by a copy of the document referred to in paragraph (2)(a);

(ii) in relation to a crop produced in the United Kingdom elsewhere than in England, by a copy of the document referred to in paragraph 2(b) except that this need not be provided in a case where confirmation that the crop meets the conditions for the production of the appropriate category of seed has already been provided to the Secretary of State by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development (as the case may be);

(iii) in relation to a crop produced in another member State, by a copy of the document referred to in paragraph 2(c);

(iv) in relation to a crop produced in an equivalent third country, by a copy of the document referred to in paragraph 2(d); and

(v) by such other information and documents as the Secretary of State may require.

(4) The Secretary of State may permit, subject to any conditions that she may impose, an application made under this regulation relating to a crop for which the applicant previously made an application under regulation 8(3) to be accompanied by the following document instead of the field inspection report issued under regulation 8(10) or (12), namely a document relating to the crop (whether relating to that crop alone or relating to other crops in respect of which a regulation 8(3) application has been made by the applicant)—

(a) that states, by reference to the relevant category of seed, the conditions met by that crop;

(b) that identifies the licensed crop inspector or inspectors who inspected the crop;

(c) that states that during a period of three years from the date of issue of the field inspection report, the original report will be produced to the Secretary of State on demand and that a copy of the report will be made available to her on request during that period; and

(d) that contains such other information as the Secretary of State may require.

(5) Where a document of the type specified in paragraph (4) accompanies an application made under this regulation instead of a field inspection report, the applicant shall produce the field inspection report referred to in paragraph (3) to the Secretary of State on demand during the period of three years from the date of the issue of the field inspection report and shall make a copy of the report available to her on request during that period.

Textual Amendments

F18 Words in reg. 9(2)(d) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(5)

Re-grading of crops U.K.

10.—(1) An application to re-grade a crop for the production of a category of seed to which paragraph (6) applies as a crop for the production of another category of seed (“the new category”) to which that paragraph applies may be made to the Secretary of State by a registered person.

(2) An application made under this regulation shall be made in such form and manner and at such time as the Secretary of State shall require and shall be accompanied by—

(a) a copy of the field inspection report previously issued in respect of the crop unless this has previously been lodged with her, and

(b) such other information as the Secretary of State may require for the purpose of determining the application.

(3) Where an application under this regulation has been made in respect of a crop that has not been harvested—

(a) the Secretary of State shall, in the case of an application to re-grade a crop as a crop to produce pre-basic or basic seed, carry out a field inspection of the crop to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed if—

(i) the previous field inspection report issued in respect of the crop was not issued by her, and

(ii) the condition and stage of development of the crop permit an adequate examination, and

(b) the Secretary of State may, in the case of an application to re-grade a crop as a crop to produce CS, C1 or C2 seed, carry out a field inspection of the crop to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed if the condition and stage of development of the crop permit an adequate examination.

(4) If the Secretary of State—

(a) in the case of an application to re-grade a crop as a crop to produce pre-basic or basic seed—

(i) has carried out a field inspection of the crop (whether in connection with the original application for a field inspection of the crop or in accordance with paragraph (3));

(ii) is satisfied that the crop has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; and

(iii) is satisfied that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed;

(b) in the case of an application to re-grade a crop as a crop to produce CS or C1 seed,—

(i) is satisfied that the crop has been produced directly from UK, EC, third country or overseas tested officially certified basic seed of a listed variety, or, with the breeder’s written authority, from UK, EC or overseas tested officially certified pre-basic seed of a listed variety; and

(ii) is satisfied that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed;

(c) in the case of an application to re-grade a crop as a crop to produce C2 seed—

(i) is satisfied that the crop has been produced directly from UK, EC, third country or overseas tested officially certified basic or C1 seed of a listed variety, or, with the breeder’s written authority, from UK, EC or overseas tested officially certified pre-basic seed of a listed variety; and

(ii) is satisfied that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed,

she shall notify the applicant that the crop has been found to meet or (if the crop has already been harvested) it has been found that it would have met the conditions referred to in sub-paragraph (a)(iii), (b)(ii) or (c)(ii), as the case may be, and that his application to re-grade the crop has been successful.

(5) If the Secretary of State is satisfied that the conditions specified in paragraph (4) for the relevant category of seed have not been met she shall notify the applicant that his application to re-grade the crop has been unsuccessful.

(6) This paragraph applies to the following categories of seed—

(a) pre-basic seed;

(b) basic seed;

(c) in the case of seed other than field beans, field peas, lucerne Medicago sativa, lupins or vetches, CS seed;

(d) in the case of field beans, field peas, lucerne Medicago sativa, lupins or vetches, C1 seed; and

(e) in the case of field beans and field peas, C2 seed.

Seed testing U.K.

11.—(1) Subject to paragraphs (2), (3) and (4), an application may be made to a licensed seed testing station by a registered person for the testing of an official sample of a qualifying seed lot of—

(a) seed as pre-basic seed “(a regulation 11(1)(a) seed lot”);

(b) seed as basic seed (“a regulation 11(1)(b) seed lot”);

(c) seed of an HVS species of seed as HVS level CS seed “(a regulation 11(1)(c) seed lot”);

(d) seed of a species other than field beans, field peas, lucerne Medicago sativa, lupins or vetches, as minimum level CS seed;

(e) seed of field beans, field peas, lucerne Medicago sativa, lupins or vetches as C1 seed “(a regulation 11(1)(e) seed lot”);

(f) seed of field beans or field peas as C2 seed;

(g) seed of an unlisted variety as basic seed intended for use solely as a component for a hybrid variety of fodder kale; or

F19 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An application made under this regulation shall not be made in respect of seed of a variety, or a component of a hybrid variety of fodder kale, that is not listed unless—

(a) an application for listing of the variety, or hybrid variety, has been made which has not been withdrawn or finally determined; or

(b) a marketing extension is in force in respect of the variety or hybrid variety.

[F20 (2A) Subject to paragraphs (3) and (4), an application may be made to a licensed seed testing station for the testing of an official sample of a seed lot of commercial seed of annual meadowgrass, Hugarian vetch or sainfoin.]

(3) An application made under this regulation may be considered by the Secretary of State instead of a licensed seed testing station.

(4) If permitted by the Secretary of State, an application made under this regulation may be made to her instead of a licensed seed testing station.

(5) An application made under this regulation—

(a) shall be made in such form and manner and at such time as the Secretary of State may require, and

(b) shall be accompanied by an official sample of the seed to be tested and such other information, material, seeds, records, illustrations and other documents as the Secretary of State may require.

(6) Following the receipt of an application made under this regulation the licensed seed testing station (or the Secretary of State in a case where an application made under this regulation is being considered by her under paragraph (3) or has been made to her under paragraph (4)) shall, subject to paragraph (7), test seed taken from the official sample provided under paragraph (5)(b) to determine whether it meets the conditions laid down in Part II of Schedule 4—

(a) for the category and, where applicable, level of seed for which the application is being made, and

(b) unless requested not to do so by the applicant, for any other category and level of seed to which paragraph (14) applies.

(7) Where a seed test report has previously been issued by a licensed seed testing station (or the Secretary of State in a case where an application made under this regulation is being considered by her under paragraph (3) or has been made to her under paragraph (4)) in accordance with paragraph (8)(a), (9), (10), (11) or (12) in respect of a seed lot, the licensed seed testing station (or the Secretary of State where paragraph (3) or (4) applies) may decide not to test any further official sample of that seed lot for the purposes of paragraph (6) if the information contained in the previously issued report contains sufficient information to enable it (or her) to determine that the official sample would meet the conditions laid down in Part II of Schedule 4—

(a) for the appropriate category and, where applicable, level of seed, and

(b) where applicable, for any other category and level of seed to which paragraph (14) applies.

(8) Subject to paragraph (13), where—

(a) the official sample is found to satisfy the conditions laid down in Part II of Schedule 4 for—

(i) the appropriate category and, where applicable, level of seed, and

(ii) where applicable, for any other category and level of seed to which paragraph (14) applies, or

(b) the provisions of paragraph (7) apply,

the licensed seed testing station (or the Secretary of State where paragraph (3) or (4) applies) shall issue a seed test report to the applicant stating (by reference to the relevant category or categories and, where applicable, level of seed) that the seed lot has been found to meet those conditions.

(9) Subject to paragraph (13), where it has been determined, by way of a Schedule 4 germination test, that the official sample taken from a regulation 11(1)(a) or (b) seed lot will not meet the applicable germination condition but the sample is found to satisfy all the other conditions laid down in Part II of Schedule 4 for the appropriate category of seed, the licensed seed testing station (or the Secretary of State where paragraph (3) or (4) applies), shall issue a seed test report to the applicant containing a statement to that effect.

(10) Where (otherwise than in connection with a retest of the seed) the results of a Schedule 4 germination test of an official sample of a seed lot referred to in paragraph (1) are awaited, and, except for the result of that test, the official sample has otherwise been found to meet all the other conditions laid down in Part II of Schedule 4—

(a) for the appropriate category and, where applicable, level of seed, and

(b) where applicable, for any other category and, where applicable, level of seed to which paragraph (14) applies,

the licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies), shall, subject to paragraph (13), issue an interim seed test report to the applicant stating that the results of the Schedule 4 germination test for the official sample are awaited but that it has otherwise been found to meet all the other conditions laid down in Part II of Schedule 4 for the appropriate category and, where applicable, level of seed, and, where applicable, for any other category and level of seed to which paragraph (14) applies.

(11) Where, following the issue of an interim seed test report under paragraph (10), the tested seed is found to meet the applicable germination condition, the licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies), shall, subject to paragraph (13), issue a seed test report to the applicant stating that the official sample has been found to meet the conditions laid down in Part II of Schedule 4 for the appropriate category and, where applicable, level of seed, and, where applicable, for any other category and level of seed to which paragraph (14) applies.

(12) Subject to paragraphs (9) and (10), where an official sample of a seed lot referred to in paragraph (1) is found not to satisfy the conditions laid down in Part II of Schedule 4 for the appropriate category and, where applicable, level of seed, the licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies) shall issue and send the applicant a seed test report—

(a) stating that the official sample has been found not to meet those conditions, and

(b) subject to paragraph (13), in a case where the seed has been tested to determine whether it meets the conditions laid down in Part II of Schedule 4 for any other category and, where applicable, level of seed to which paragraph (14) applies, stating (by reference to the relevant category and level) whether the seed has been found to meet the conditions for any such category and level.

(13) If it appears to the Secretary of State that an official sample of the seed lot taken for the purpose of a test in order to ascertain whether it met the appropriate conditions laid down in Part II of Schedule 4 was not taken in accordance with the requirements of regulation 23 the Secretary of State may—

(a) in a case where paragraph (3) or (4) applies, refuse to issue a seed test report in accordance with paragraph (8), (9), (10), (11) or (12)(b), and, in such a case, shall notify the applicant of her decision and the reason for it, or

(b) in a case where paragraph (3) or (4) does not apply, direct the licensed seed testing station to refuse to issue a seed test report in accordance with those paragraphs and the licensed seed testing station shall comply with that direction and shall notify the applicant of the reason for its refusal to issue the report.

(14) This paragraph applies to the following categories and levels of seed—

(a) in the case of an application made under paragraph (1) relating to a regulation 11(1)(a) seed lot of field beans or field peas, to the categories of basic, C1 and C2 categories of seed;

(b) in the case of an application made under paragraph (1) relating to a regulation 11(1)(a) seed lot of lucerne Medicago sativa, lupins or vetches, to the categories of basic and C1 seed;

(c) in the case of an application made under paragraph (1) relating to a regulation 11(1)(a) seed lot of an HVS species of seed, to the categories of basic and minimum level CS seed and, if the applicant so requests, HVS level CS seed;

(d) in the case of an application made under paragraph (1) relating to a regulation 11(1)(b) seed lot of field beans or field peas to the categories of pre-basic, C1 and C2 seed;

(e) in the case of an application made under paragraph (1) relating to a regulation 11(1)(b) seed lot of lucerne Medicago sativa, lupins or vetches, to the categories of pre-basic and C1 seed;

(f) in the case of an application made under paragraph (1) relating to a regulation 11(1)(b) seed lot of an HVS species of seed, to the categories of pre-basic and minimum level CS seed and, if the applicant so requests, HVS level CS seed;

(g) in the case of an application made under paragraph (1) relating to a regulation 11(1)(c) seed lot, to the category of minimum level CS seed; and

(h) in the case of an application made under paragraph (1) relating to a regulation 11(1)(e) seed lot of field beans or field peas to the category of C2 seed.

(15) In this regulation “qualifying seed lot” means a seed lot—

(a) containing seed harvested from a crop produced in England for which a field inspection report has been issued in accordance with—

(i) regulation 8(9);

(ii) regulation 8(10);

(iii) regulation 8(11) in a case where the crop has been found to meet the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any category of seed referred to in regulation 8(11)(b);

(iv) regulation 8(12) in a case where the crop has been found to meet the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any category of seed referred to in regulation 8(12)(b);

(b) containing seed harvested from a crop produced in the United Kingdom elsewhere than in England—

(i) in respect of which the Secretary of State has received confirmation of crop approval by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development (as the case may be) that the crop meets conditions equivalent to those laid down in Schedule 3 and Part I of Schedule 4, or

(ii) for which a copy of the field inspection report relating to the crop has been lodged with the Secretary of State in accordance with regulation 9; or

(c) imported into the United Kingdom as—

(i) not finally certified pre-basic, basic, CS, C1 or C2 seed harvested in another member State and for which the Annex V(C) document relating to the crop from which the seed in the seed lot was harvested has been lodged with the Secretary of State in accordance with regulation 9, or

[F21 (ii) not finally certified CS, C1 or C2 seed harvested in an equivalent third country and for which the Annex II.A(3) official certificate relating to the crop from which the seed in the seed lot was harvested has been lodged with the Secretary of State in accordance with regulation 9.]

Textual Amendments

F19 Reg. 11(1)(h) repealed (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(6)(a)

F20 Reg. 11(2A) inserted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(6)(b)

F21 Reg. 11(15)(c)(ii) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(6)(c)

Lodging of seed test reports U.K.

12.—(1) A registered person to whom a final seed test report has been sent shall lodge the report with the Secretary of State—

(a) except in relation to seed to which sub-paragraph (b) applies, within one month of the report being issued [F22 or within such other time as the Secretary of State may otherwise allow] ; and

(b) in a case where the seed to which the final seed test report relates—

(i) is of a variety that is not listed, or

(ii) is an unlisted component of a hybrid variety of fodder kale that is not listed, within one month of the date on which the variety or hybrid variety (as the case may be) is listed [F23 or within such other time as the Secretary of State may otherwise allow] .

(2) An application to lodge a final seed test report—

(a) shall be made in such form and manner as the Secretary of State may require, and

(b) shall be accompanied by the final seed test report and such other information and documents as the Secretary of State may require.

(3) Subject to paragraph (4), the Secretary of State shall acknowledge receipt of each final seed test report lodged with her.

(4) Subject to paragraph (5), unless specifically requested to do so by the applicant, the Secretary of State shall not individually acknowledge the receipt of each final seed test report lodged with her by the applicant but shall periodically provide the applicant with a list of those seed lots for which the applicant has lodged a final seed test report with her.

(5) Where the Secretary of State has previously provided the applicant with a seed test report list, any list subsequently provided to the applicant under paragraph (4) shall list only those seed lots for which the applicant has lodged a final seed test report with her during the period since she last provided the applicant with a seed test report list.

(6)  In this regulation “final seed test report” means a seed test report issued in accordance with regulation 11(8), (9), (11) or (12)(b).

Textual Amendments

F22 Words in reg. 12(1)(a) inserted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(7)(a)

F23 Words in reg. 12(1)(b) added (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(7)(b)

Re-grading of seed U.K.

13.—(1) An application to re-grade seed of any category and, where applicable, level specified in entry 1 or 2 in column 1 of the table in Schedule 5 as seed of any category and, where applicable, level “(the new category”) specified in entry 1 or 2 respectively in column 2 of the table may be made to the Secretary of State by a registered person.

(2) An application made under this regulation shall be made in such form and manner and at such time as the Secretary of State shall require and, if required by the Secretary of State, shall be accompanied by—

(a) an official sample of the seed to which the application relates;

(b) an application made under regulation 11 for the testing of an official sample of the seed lot; and

(c) such other information and other documents as the Secretary of State may require for the purpose of determining the application.

(3) The Secretary of State—

(a) may test, or arrange for a licensed seed testing station to test, an official sample of a seed lot in respect of which an application under this regulation has been made to re-grade—

(i) UK, EC or overseas tested officially certified pre-basic seed of a listed variety as UK officially certified basic seed of a listed variety, and

(ii) UK, EC, third country or overseas tested officially certified basic seed of a listed variety as UK officially certified pre-basic seed of a listed variety;

to determine whether the official sample would meet the conditions laid down in Part II of Schedule 4 for the new category and, where applicable, level of seed;

(b) subject to paragraph (4), shall test, or arrange for a licensed seed testing station to test, an official sample of the seed lot in the case of any other application made under this regulation to determine whether the official sample would meet the conditions laid down in Part II of Schedule 4 for the new category and, where applicable, level of seed.

(4) Where a seed test report has previously been issued in accordance with regulation 11(8)(a), (9), (10), (11) or (12) in respect of a seed lot for which an application has been made under this regulation, the Secretary of State may decide not to test the official sample referred to in paragraph (2) for the purposes of paragraph (3)(b) if the information contained in the previously issued report contains sufficient information to enable her to determine that the official sample would meet the conditions laid down in Part II of Schedule 4 for the appropriate category and, where applicable, level of seed.

(5) Where—

(a) in the case of an application to re-grade seed as pre-basic or basic seed—

(i) the Secretary of State is satisfied that the seed has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety;

(ii) in a case where the seed was harvested from a crop produced in England, the Secretary of State carried out a field inspection of the crop;

(iii) in a case where the seed was harvested from a crop produced in the United Kingdom elsewhere than in England, a field inspection of the crop was carried out by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;

(iv) in a case where the seed was harvested from a crop produced in another member State, a field inspection of the crop was carried out by or on behalf of the seed certification authority in the member State; and

(v) in a case where the seed was harvested from a crop produced in an equivalent third country, a field inspection of the crop was carried out by the approved seed certification authority in the third country;

(b) in the case of an application to re-grade pre-basic or basic seed as minimum or HVS level CS seed or C1 or C2 seed, the Secretary of State is satisfied that the seed has been harvested from a crop produced directly from UK, EC or overseas tested officially certified pre-basic seed of a listed variety;

(c) in the case of an application to re-grade seed, other than pre-basic or basic seed, as minimum or HVS level CS seed or C1 or C2 seed, the Secretary of State is satisfied that the seed has been harvested from a crop produced directly from—

(i) UK, EC, third country or overseas tested officially certified basic seed of a listed variety, or

(ii) with the breeder’s written authority, from UK, EC or overseas tested officially certified pre-basic seed of a listed variety;

(d) the Secretary of State is satisfied that the seed was harvested from a crop that met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category and, where appropriate, level of seed;

(e) in a case where the official sample referred to in paragraph (2) has been tested in accordance with paragraph (3), it has been found to satisfy the conditions laid down in Part II of Schedule 4 for the new category of seed; and

(f) in a case where the official sample referred to in paragraph (2) has not been tested, the Secretary of State is satisfied on the basis of the information contained in a seed test report previously issued in respect of the lot—

(i) by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development or by a licensed seed testing station;

(ii) by or on behalf of the competent seed certification authority in another member State or by a licensed EC seed testing station in another member State; or

(iii) by the approved seed certification authority or by a licensed third country seed testing station in an equivalent third country,

that the seed in the lot satisfies the conditions laid down in Part II of Schedule 4 for the new category of seed,

the Secretary of State shall notify the applicant that his application to re-grade the seed lot has been successful.

(6) Where the Secretary of State is satisfied that the conditions specified in paragraph (5) have not been met she shall notify the applicant that his application to re-grade the seed lot has been unsuccessful.

Withdrawals U.K.

14.—(1) The Secretary of State may withdraw the official certification in respect of a seed lot, or any part of a seed lot, if—

(a) the findings or results obtained from a sample of seed submitted or taken in connection with an application made under regulation 6, 11 or 13 relating to the seed lot, or from plants grown in a control plot that has been sown with seed from that sample, are to be disregarded in accordance with regulation 23(6);

(b) on the basis of information received by the Secretary of State she is satisfied that the crop from which the seed in the seed lot was harvested did not meet the conditions laid down in Schedule 3 or Part I of Schedule 4; or

(c) on the basis of information received by the Secretary of State she is satisfied that the seed in the lot, or part of the lot—

(i) did not meet the conditions laid down in Part II or III of Schedule 4 at the time the seed was tested for seed certification purposes, or

(ii) although it met the requirements of Part II of Schedule 4 at the time of such testing it no longer meets them.

(2) The Secretary of State may withdraw the official certification in respect of a seed lot, or any part of a seed lot, by giving notice to—

(a) the person who made an application under regulation 11 in respect of the seed lot, or

(b) any person marketing, or who has marketed, any of the seed.

(3) Where the official certification of a seed lot, or part of a seed lot, is withdrawn under this regulation, the Secretary of State may notify—

(a) the person who made an application under regulation 11 in respect of the seed lot,

(b) any person marketing, or who has marketed, any of the seed; and

(c) any person who has purchased, or been supplied with, any of the seed,

that the official certification in respect of the lot, or part of the lot (as the case may be) has been withdrawn.

(4) Where the official certification of a seed lot, or part of a seed lot, is withdrawn under this regulation, the person to whom notice is given under paragraph (2) shall, as soon as practicable, and in any case not later than 7 days after receiving the notice, notify any person to whom he has sold or supplied any of the seed of such withdrawal.

(5) Any person who has purchased seed from a seed lot, or part of a seed lot, for which official certification has been withdrawn under this regulation (not being a person notified under paragraph (2)) shall notify any person to whom he has sold or supplied any of the seed of the withdrawal as soon as practicable after receiving notice of it —

(a) pursuant to paragraph (3), by the Secretary of State, or

(b) pursuant to paragraph (4), by the person who sold or supplied the seed to him,

and, in any case, not later than 7 days after receiving such notice.

PART III U.K. CONTROL OF FODDER PLANT SEED

Marketing of seed U.K.

15.—(1) Subject to paragraph (2) and regulations 19 to 22, no person shall market any seed to which these Regulations apply except for seed listed in Schedule 6.

(2) Paragraph (1) shall not apply to the marketing of seed, as grown, for processing, provided that the identity of the seed is ensured.

(3) Any person marketing seed that has been imported from a third country and exceeds two kilograms shall supply the Secretary of State, in writing and within one month of the first marketing of the seed, with the following particulars relating to the seed—

(a) the species;

(b) the variety;

(c) the category;

(d) the country of production and the official inspection authority;

(e) the country of despatch;

(f) the importer; and

(g) the quantity of seed.

Marketing of HVS seed U.K.

16.—(1) This regulation applies to the marketing of officially certified CS seed of an HVS species of seed where any label or notice affixed to, contained in or marked on any package containing the seed, any document accompanying the seed or any particulars displayed in respect of the seed, states or indicates that the seed attains the Higher Voluntary Standards for such seed.

(2) Where any person markets seed to which this regulation applies, the person marketing the seed shall be deemed to state for the purposes of these Regulations, and in relation to the particulars given to a purchaser, that—

(a) the seed meets the Higher Voluntary Standards for such seed laid down in Part II of Schedule 4, and

(b) a successful application has been made to the Secretary of State under paragraph (3) verifying that the seed has attained those standards.

(3) An application for verification that CS seed of an HVS species of seed has attained the Higher Voluntary Standards for such seed may be made to the Secretary of State in such form and manner and containing such information and accompanied by such documents as the Secretary of State may require and the Secretary of State shall grant the application if the Secretary of State is satisfied that the seed meets the Higher Voluntary Standards for such seed laid down in Part II of Schedule 4.

Marketing of officially certified lower germination seed U.K.

17.  No person shall market officially certified pre-basic or basic seed that has been found by the competent seed certification authority that certified the seed not to satisfy the germination condition for such seed, or (regardless of the findings of the competent seed certification authority) the person marketing the seed knows does not satisfy that condition, unless—

(a) the official label contains a statement that the minimum percentage of germination of the seed is less than the EC minimum percentage of germination for the relevant category of seed;

(b) the person marketing the seed guarantees a specific minimum percentage of germination for the seed; and

(c) another label is attached to the outside of the package containing the seed specifying the specific minimum percentage of germination guaranteed by the person marketing the seed, his name and address and the reference number of the seed lot.

Marketing of officially certified early movement seed U.K.

18.—(1) No person shall market officially certified early movement pre-basic or basic seed unless—

(a) he guarantees a minimum percentage of germination for the seed that is—

(i) the same as the EC minimum percentage of germination for the relevant species of seed and the same as or less than the percentage of germination for the seed ascertained by the provisional analysis on which the certification of the seed was based, or

(ii) less than the EC minimum percentage of germination for the relevant species of seed and the same as the percentage of germination ascertained by the provisional analysis on which the certification of the seed was based, and

(b) he provides the purchaser, upon or before delivery of the seed, with a statement—

(i) stating that the seeds are being marketed before the completion of the official germination test;

(ii) specifying the guaranteed minimum percentage of germination; and

(iii) specifying the name and address of the person marketing the seed and the reference number of the seed lot.

(2) No person shall market officially certified early movement CS, C1, C2 or commercial seed unless—

(a) he guarantees a minimum percentage of germination for the seed that is—

(i) the same as the EC minimum percentage of germination for the relevant species of seed, and

(ii) the same as, or less than, the percentage of germination for the seed ascertained by the provisional analysis on which the certification of the seed was based, and

(b) he provides the purchaser, upon or before delivery of the seed, with a statement—

(i) stating that the seeds are being marketed before the completion of the official germination test;

(ii) specifying the guaranteed minimum percentage of germination; and

(iii) specifying the name and address of the person marketing the seed and the reference number of the seed lot.

(3) Where any person—

(a) markets seed in accordance with paragraph (1) or (2), and

(b) the official germination test shows that the percentage of germination of the seed is less than the minimum percentage of germination guaranteed in accordance with the requirements of paragraph (1)(a) or (2)(a) as the case may be,

he shall provide the purchaser with the result of the completed official germination test as soon as practicable and, in any event, not later than seven days after being informed of it.

Exception for scientific purposes and selection work U.K.

19.—(1) The prohibition in regulation 15(1) shall not apply to the marketing by a producer of small quantities of seed for scientific purposes or selection work for which—

(a) an authorisation has been granted to the producer by the Secretary of State in accordance with this regulation, or

(b) an authorisation has been granted to the producer by or on behalf of—

(i) the Scottish Ministers;

(ii) the National Assembly for Wales;

(iii) the Department of Agriculture and Rural Development; or

(iv) a competent seed certification authority in another member State,

pursuant to Article 4a(1)(a) of the Fodder Plant Seed Directive.

(2) A producer in England may apply to the Secretary of State for a regulation 19 authorisation.

(3) An application made under this regulation shall be made in such form and manner and at such time as the Secretary of State shall require and shall be accompanied by such information as the Secretary of State may require for the purpose of determining whether to grant an authorisation.

[F24 (4) The Secretary of State shall not grant a regulation 19 authorisation in respect of seed of a genetically modified variety unless an authorisation is in force in respect of the variety concerned under either—

(a) Part C of the Deliberate Release Directive; or

(b) the Food and Feed Regulation.]

(5) A regulation 19 authorisation may—

(a) specify the amount of seed that may be marketed under it, and

(b) impose such conditions as the Secretary of State may think necessary or desirable having regard to the nature of the scientific purpose or selection work involved and the nature of the seed to which the authorisation relates, including a condition relating to the keeping of records in respect of the marketing of the seed.

Textual Amendments

F24 Reg. 19(4) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(8)

Exception for tests and trials U.K.

20.—(1) The prohibition in regulation 15(1) shall not apply to the marketing by a producer of seed for test and trial purposes for which—

(a) an authorisation has been granted to the producer by the Secretary of State in accordance with this regulation, or

(b) an authorisation has been granted to the producer by or on behalf of—

(i) the Scottish Ministers;

(ii) the National Assembly for Wales;

(iii) the Department of Agriculture and Rural Development; or

(iv) a competent seed certification authority in another member State,

pursuant to Article 4a(1)(b) of the Fodder Plant Seed Directive.

(2) A producer in England may apply to the Secretary of State for a regulation 20 authorisation.

(3) An application made under this regulation shall be made in such form and manner and at such time as the Secretary of State shall require and shall be accompanied by such information as the Secretary of State may require for the purpose of determining whether to grant an authorisation.

(4) The Secretary of State shall not grant a regulation 20 authorisation unless—

(a) she considers that the amount of seed that may be marketed under it is of an appropriate quantity for the test or trial;

(b) an application has been submitted to the relevant authority under regulation 4(1)(a) of the Seeds (National Lists of Varieties) Regulations 2001(12) for acceptance of the variety concerned on to a National List that has not been withdrawn or finally determined; and

[F25 (c) in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety concerned under either—

(i) Part C of the Deliberate Release Directive; or

(ii) the Food and Feed Regulation.]

(5) A regulation 20 authorisation—

(a) shall specify the amount of seed that may be marketed under it, and

(b) may impose such conditions as the Secretary of State may think necessary or desirable having regard to the nature of the test or trial and the nature of the seed to which the authorisation relates, including a condition relating to the keeping of records in respect of the marketing of the seed.

Textual Amendments

F25 Reg. 20(4)(c) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(9)

General exemptions U.K.

21.—(1) The prohibition in regulation 15(1) shall not apply to the marketing of seed that is authorised by a general licence made by the Secretary of State under this regulation but in all other respects the provisions of these Regulations shall continue to apply in relation to the marketing of the seed.

(2) Subject to paragraph (3), the Secretary of State may, by a general licence, exempt any person or class of persons, or persons generally, from compliance with any provision of these Regulations.

(3) The Secretary of State shall not exercise the power to issue a general licence under paragraph (2) except—

(a) to the extent that the provisions of the general licence are permitted in accordance with a temporary experiment organised under Article 13a of the Fodder Plant Seed Directive;

(b) to give effect to the provisions of a Council Decision made under Article 16 of the Fodder Plant Seed Directive and amendments made to such a Decision; or

(c) to the extent that the provisions of the general licence are permitted in accordance with measures taken pursuant to Article 17 of the Fodder Plant Seed Directive.

(4) A general licence issued under paragraph (2)—

(a) shall have effect during the period specified in it unless the Secretary of State revokes it earlier, and

(b) may impose such conditions as the Secretary of State may think necessary or desirable having regard to the marketing permitted by the general licence and the nature of the seed to which it relates, including a condition relating to the keeping of records in respect of the marketing of the seed.

Mixtures U.K.

22.—(1) The prohibition in regulation 15(1) shall not apply to the marketing of a mixture of various genera, species or varieties of seeds that includes seed to which these Regulations apply and that is not intended to be used to produce fodder plants if—

(a) the seed in the mixture to which these Regulations apply complied, before mixing, with the relevant provisions of these Regulations, and

(b) if any seeds in the mixture are cereal seeds, oil and fibre plant seeds or vegetable seeds, they complied, before mixing, with the relevant provisions of the Cereal Seed (England) Regulations 2002(13), the Oil and Fibre Plant Seed (England) Regulations 2002(14) or the Vegetable Seed (England) Regulations 2002(15) respectively.

(2) The prohibition in regulation 15(1) shall not apply to the marketing of a mixture of various genera, species or varieties of seeds that is intended to be used to produce a mixture of plants, including plants of a species specified in Schedule 2, which are intended for use as fodder plants, if—

(a) the seed in the mixture is a mixture of seed to which these Regulations apply and the seed in the mixture complied, before mixing, with the relevant provisions of these Regulations, or

(b) the seed in the mixture is a mixture of—

(i) seed to which these Regulations apply that complied, before mixing, with the relevant provisions of these Regulations; and

(ii) cereal seeds, oil and fibre plant seeds or vegetable seeds to which the Cereal Seed (England) Regulations 2002, the Oil and Fibre Plant Seed (England) Regulations 2002 or the Vegetable Seed (England) Regulations 2002 respectively apply and that complied, before mixing, with the relevant provisions of those Regulations, and

the mixture does not include any grass seed of a variety which has not been examined for its value for cultivation and use for the purposes of Article 4(1) of the Common Catalogue Directive because the breeder has declared that seed of that variety is not intended for the production of fodder plants.

(3) A person who wishes to market a mixture of seeds to which paragraph (1) or (2) applies without including the percentage by weight of each of the components by species and, where appropriate, by variety on the label referred to in regulation 26(11), (12) or (13) may apply to the Secretary of State to register the mixture.

(4) An application referred to in paragraph (3) shall include the name under which the mixture is to be marketed and the percentage, by weight, of each of the components by species and, where appropriate, by variety.

(5) The Secretary of State shall register a mixture in respect of which an application has been made under paragraph (3) and in accordance with paragraph (4) if the name under which the mixture is to be marketed has not already been registered with her.

(6) Any person who sells or supplies a package (other than a small EC A or EC B package) containing a registered mixture of seeds and does so under its registered name and without including—

(a) the species and, where appropriate, the variety of each of the components in the mixture, and

(b) the percentage by weight of each of those components,

on the label referred to in regulation 26(11), shall, on or before the sale or supply of such package, provide the person to whom the package of seeds is sold or supplied with a notice containing the information referred to in sub-paragraphs (a) and (b).

(7) Any person (“the seller”) who sells or supplies a small EC A or EC B package containing a registered mixture of seeds produced in the United Kingdom and does so—

(a) under its registered name, and

(b) in a package that includes the species and, where appropriate, the variety of each of the components in the mixture on the label referred to in regulation 26(12) in the case of a small EC A package of seeds and regulation 26(13) in the case of a small EC B package of seeds, but does not include the percentage by weight of each of those components in the mixture,

shall, on or before the sale or supply of such seed, notify the person (“the purchaser”) to whom the package of seeds is sold or supplied that the seller shall provide the information relating to the percentage by weight of each of the components in the mixture to the purchaser on request.

(8) A person who has registered a mixture of seeds with the Secretary of State in accordance with this regulation may apply to the Secretary of State to cancel the registration and the Secretary of State, having received such an application, shall cancel the registration and notify the applicant that this has been done.

Sampling U.K.

23.—(1) A sample of seeds taken in connection with an application under regulation 6, 11 or 13 shall be drawn—

(a) by an authorised officer or a licensed seed sampler acting under the supervision of the authority who appointed him;

(b) in accordance with the method laid down in Schedule 5 of the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002(16); and

(c) from a homogeneous seed lot.

(2) Subject to paragraph (4), the maximum weight of a seed lot, other than a seed lot of a mixture of seeds to which regulation 22(1) or (2) applies, shall be that set out in column (2) of the table in Schedule 7.

[F26 (3) Subject to paragraph (4), the maximum weight of a seed lot of a mixture of seeds to which regulation 22(1) or (2) applies shall be 10 tonnes except that—

(a) where more than 50% of the mixture consists of a species of seed for which the maximum weight of a seed lot prescribed in seed regulations is 20 tonnes, the maximum weight of the seed lot shall be 20 tonnes; and

(b) where more than 50% of the mixture consists of a species of seed for which the maximum weight of a seed lot prescribed in seed regulations is 25 tonnes, the maximum weight of the seed lot shall be 25 tonnes.]

(4) A seed lot may exceed the maximum weight for a seed lot required under paragraph (2) or (3) by not more than 5%.

(5) The minimum weight of a sample shall be that set out in column (3) of the table in Schedule 7.

(6) If a sample of seeds submitted or taken in connection with an application made under regulation 6, 11 or 13—

(a) is found not to have been taken in accordance with paragraph (1);

(b) is taken from a seed lot that does not comply with paragraph (2) or (3); or

(c) does not comply with paragraph (5);

no further use of that sample shall be made under these Regulations, and any findings or results already obtained from testing seed taken from that sample, or from inspecting plants grown in a control plot that has been sown with seed from that sample, shall be disregarded.

Textual Amendments

F26 Reg. 23(3) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(10)

Packaging U.K.

24.—(1) No person shall market—

(a) any officially certified pre-basic, basic, CS, C1, C2 or commercial seed, or

(b) a mixture of seeds to which regulation 22 applies,

unless it is marketed in a sufficiently homogeneous seed lot or in part of such a seed lot.

(2) Subject to paragraph (3), no person shall market—

(a) any breeder’s seed;

(b) officially certified pre-basic, basic, CS, C1, C2 or commercial seed; or

(c) a mixture of seeds to which regulation 22 applies,

unless it is in a properly sealed package.

(3) Paragraph (2) shall not apply in the case of—

(a) the marketing to the final consumer of—

(i) seed of field beans or field peas not exceeding 3 kilograms in weight;

(ii) seed, other than seed of field beans and field peas, not exceeding 2 kilograms in weight; or

(iii) a mixture of seeds to which the provisions of regulation 22(1) and (2) apply not exceeding 7 kilograms in weight, or

(b) the marketing of officially certified C1 or C2 seed of field beans or field peas in bulk direct to the final consumer in a container that is closed after filling and in respect of which the person marketing the seed delivers a note to the final consumer containing the information that, if the seed had been contained in a package, would need to have been given on the official label on such package in accordance with regulation 26(7).

(4) In this regulation, in the case of breeder’s seed, “properly sealed package” means a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.

(5) In this regulation, in the case of a package of seed to which paragraph (6) applies and that has been sealed only once, “properly sealed package” means—

(a) in the case of a package of seed sealed in England, a sealed package of seed that has been sealed—

(i) no later than at the time of official sampling;

(ii) by a person to whom regulation 25(5) applies;

(iii) using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal; and

(iv) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package;

(b) in the case of a package of seed sealed in—

(i) in the United Kingdom, elsewhere than in England, or

(ii) in another member State,

a sealed package of seed that has been sealed in accordance with the provisions of Article 9(1) of the Fodder Plant Seed Directive;

(c) in the case of a package of seed sealed in an equivalent third country, a sealed package of seed that has been sealed in accordance with the provisions of [F27 paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision] .

(6) This paragraph applies to a package of officially certified pre-basic, basic, CS, C1, C2 or commercial seed other than a small EC B package of basic, CS, C1, C2 or commercial seed.

(7) In this regulation, in the case of a package of seed to which paragraph (8) applies and that has been sealed only once, “properly sealed package” means—

(a) in the case of a package of seed sealed in England, a sealed package of seed that has been sealed—

(i) by a person to whom regulation 25(5) applies;

(ii) using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal; and

(iii) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package, or

(b) in the case of a package of seed sealed in—

(i) in the United Kingdom, elsewhere than in England, or

(ii) in another member State,

a sealed package of seed that has been sealed in accordance with the provisions of Article 9(1) of the Fodder Plant Seed Directive.

(8) This paragraph applies to a package of a mixture of seeds to which regulation 22 applies other than a small EC A or B package of such seed.

(9) In this regulation, in the case of a package of seed to which paragraph (10) applies and that has been sealed only once, “properly sealed package” means—

(a) in the case of a package of seed sealed in England, a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package,

(b) in the case of a package of seed sealed in—

(i) the United Kingdom, elsewhere than in England, or

(ii) another member State,

a sealed package of seed that has been sealed in accordance with the relevant provisions of Article 9(3) of the Fodder Plant Seed Directive.

(10) This paragraph applies to—

(a) a small EC A or B package of a mixture of seeds to which regulation 22 applies, and

(b) a small EC B package of officially certified basic, CS, C1, C2 or commercial seed.

(11) In this regulation, in the case of a package of seed to which paragraph (12) applies and that has been sealed more than once, “properly sealed package” means—

(a) in the case of a package of seed that has been resealed in England, a sealed package of seed that, on each occasion it has been resealed, has been resealed—

(i) by a person to whom regulation 25(5) applies, and

(ii) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package;

(b) in the case of a package of seed that has been resealed in—

(i) the United Kingdom, elsewhere than in England, or

(ii) another member State,

a sealed package of seed that, on each occasion it has been resealed, has been sealed in accordance with the provisions of Article 9(2) of the Fodder Plant Seed Directive; and

(c) in the case of seed that has been resealed in an equivalent third country, a sealed package of seed that, on each occasion it has been resealed, has been resealed in accordance with the provisions of [F28 paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision] .

(12) This paragraph applies to—

(a) a package of officially certified pre-basic, basic, CS, C1, C2 or commercial seed, other than a small EC B package of officially certified basic, CS, C1, C2 or commercial seed, and

(b) a package of a mixture of seeds to which regulation 22 applies, other than a small EC A or B package of such seeds.

(13) In this regulation, in the case of a package of seed to which paragraph (14) applies and that has been sealed more than once, “properly sealed package” means—

(a) in the case of a package of seed that has been resealed in England, a sealed package of seed that, on each occasion it has been resealed, has been resealed—

(i) by a person to whom regulation 25(5) applies, and

(ii) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package, and

(b) in the case of a package of seed that has been resealed in—

(i) the United Kingdom, elsewhere than in England, or

(ii) another member State,

a sealed package of seed that, on each occasion it has been resealed, has been resealed in accordance with the provisions of Article 9(3) of the Fodder Plant Seed Directive.

(14) This paragraph applies to—

(a) a small EC A or B package of a mixture of seeds to which regulation 22 applies, and

(b) a small EC B package of officially certified basic, CS, C1, C2 or commercial seed.

Textual Amendments

F27 Words in reg. 24(5)(c) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(11)(a)

F28 Words in reg. 24(11)(c) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(11)(b)

Sealing of packages U.K.

25.—(1) Subject to paragraph (2), no person shall seal a package of—

(a) officially certified pre-basic, basic, CS, C1, C2 or commercial seed, or

(b) a mixture of seeds to which regulation 22 applies,

except a person to whom paragraph (5) applies.

(2) Paragraph (1) shall not apply in the case of—

(a) a small EC A or B package of a mixture of seeds to which regulation 22 applies, or

(b) a small EC B package of officially certified basic, CS, C1, C2 or commercial seed.

(3) Subject to paragraph (4), no person shall reseal a package of—

(a) officially certified pre-basic, basic, CS, C1, C2 or commercial seed, or

(b) a mixture of seeds to which regulation 22 applies,

except a person to whom paragraph (5) applies.

(4) Paragraph (3) shall not apply where a package has been resealed that had previously been opened by the final consumer of the seed for the purpose of using some of the seed in the package.

(5) This paragraph applies to—

(a) an authorised officer and any person being supervised by such a person, and

(b) a licensed seed sampler and any person being supervised by such a person.

Labelling of packages U.K.

26.—(1) Subject to paragraphs (2), (3) and (4), no person shall market any—

(a) breeder’s seed;

(b) officially certified pre-basic, basic, CS, C1, C2 or commercial seed; or

(c) a mixture of seeds to which regulation 22(1) or (2) applies,

except in a package that is labelled in accordance with the following paragraphs of this regulation.

(2) Paragraph (1) shall not apply to the marketing of seed, as grown, for processing provided the identity of the seed is ensured.

(3) Paragraph (1) shall not apply to the marketing in bulk of officially certified C1 or C2 seed of field beans or field peas direct to the final consumer in a container that is closed after filling and in respect of which the person marketing the seed delivers a note to the final consumer, not later than the time of delivery of the seed, containing the information given on the official label on the container from which the seed was taken.

(4) A person may market any seeds otherwise than in a package that complies with the other provisions of this regulation direct to the final consumer where the seed is sold or supplied in a quantity not exceeding—

(a) 3 kilograms in the case of seed of field beans or field peas;

(b) 2 kilograms in the case of seed other than seed of field beans and field peas; or

(c) 7 kilograms in the case of a mixture of seeds to which the provisions of regulation 22(1) or (2) apply,

and is taken, in the presence of the final consumer, from a container on which there is clearly and visibly marked or near which there is clearly and visibly displayed a statement containing particulars of the matters specified in paragraph 1 of Schedule 8 in the case of seed of the species specified in sub-paragraph (a) and (b) of this paragraph and paragraph 2 of that Schedule in the case of seed of the type specified in sub-paragraph (c) of this paragraph.

(5) A package of breeder’s seed shall be labelled in accordance with paragraphs 3 and 4 of Schedule 8.

(6) A package of officially certified pre-basic seed shall be labelled—

(a) in the case of a package of seed sealed in England, in accordance with paragraphs 5 to 8 of Schedule 8, and

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in England, or

(ii) in another member State,

in accordance with the provisions of Article 14a(c) of the Fodder Plant Seed Directive.

(7) A package of officially certified basic, CS, C1 or C2 seed, other than a small EC B package of such seed, shall be labelled—

(a) in the case of a package of seed sealed in England, in accordance with paragraphs 9 to 13 of Schedule 8;

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in England, or

(ii) in another member State,

in accordance with the provisions of Article 10(1)(a) of the Fodder Plant Seed Directive as they apply to basic, CS, C1 or C2 seed; and

(c) in the case of a package of basic, CS or C1 seed sealed in an equivalent third country, in accordance with the provisions of [F29 paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision] as they apply to that category of seed.

(8) A small EC B package of officially certified basic, CS, C1 or C2 seed shall be labelled—

(a) in the case of a package of seed sealed in England, in accordance with paragraphs 14 to 16 of Schedule 8;

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in England, or

(ii) in another member State,

in accordance with the provisions of Article 10a(1) of the Fodder Plant Seed Directive.

(9) A package of officially certified commercial seed, other than a small EC B package of such seed, shall be labelled—

(a) in the case of a package of seed sealed in England, in accordance with paragraphs 17 to 21 of Schedule 8, and

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in England, or

(ii) in another member State,

in accordance with the provisions of Article 10(1)(a) of the Fodder Plant Seed Directive as they apply to commercial seed.

(10) A small EC B package of officially certified commercial seed shall be labelled—

(a) in the case of a package of seed sealed in England, in accordance with paragraphs 22 to 24 of Schedule 8;

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in England, or

(ii) in another member State,

in accordance with the provisions of Article 10(a)(1) of the Fodder Plant Seed Directive.

(11) A package of a mixture of seeds to which regulation 22(1) or (2) applies, other than a small EC A or B package of such seeds, shall be labelled—

(a) in the case of a package of seed sealed in England, in accordance with paragraphs 25 to 28 of Schedule 8;

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in England, or

(ii) in another member State,

in accordance with the provisions of Article 10(1)(a) of the Fodder Plant Seed Directive as read with Article 13(3) of that Directive; and

F30 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) A small EC A package of a mixture of seeds to which regulation 22(1) or (2) applies shall be labelled—

(a) in the case of a package of seed sealed in England, in accordance with paragraphs 29 to 31 of Schedule 8,

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in England, or

(ii) in another member State,

in accordance with the provisions of Article 10a(1) of the Fodder Plant Seed Directive as read with Article 13(3) of that Directive.

(13) A small EC B package of a mixture of seeds to which regulation 22(1) or (2) applies shall be labelled—

(a) in the case of a package of seed sealed in England, in accordance with paragraphs 32 to 34 of Schedule 8,

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in England, or

(ii) in another member State,

in accordance with the provisions of Article 10a(1) of the Fodder Plant Seed Directive as read with Article 13(3) of that Directive.

(14) A package of officially certified basic, CS, C1, C2 or commercial seed (other than a small EC B package of such seed) and a package of a mixture of seeds to which regulation 22(1) or (2) applies (other than a small EC A or B package of such seeds) shall contain a document that—

(a) in the case of a package of seed sealed in England—

(i) is the same colour as the official label fixed to the outside of the package in accordance with the provisions of this regulation;

(ii) in the case of basic, CS, C1 or C2 seed contains the particulars specified in paragraph 9(c), (e) and (f) of Schedule 8;

(iii) in the case of commercial seed contains the particulars specified in paragraph 17(b), (d) and (f) of Schedule 8;

(iv) in the case of a registered mixture of seeds contains the particulars specified in paragraph 25(c) and (e) of Schedule 8; and

(v) in the case of a mixture of seeds other than a registered mixture of seeds contains the particulars specified in paragraph 25(c) and (f) of Schedule 8;

(b) in the case of a package of seed sealed—

(i) in the United Kingdom, elsewhere than in England, or

(ii) in another member State,

is in accordance with the provisions of Article 10(1)(b) of the Fodder Plant Seed Directive as they apply to such seed and as read with Article 13.3 of that Directive in the case of a mixture of seeds to which regulation 22(1) or (2) applies; and

(c) in the case of a package of seed sealed in an equivalent third country, is in accordance with the provisions of [F31 paragraph 3.3 of Part B of Annex II to the Third Country Equivalence Decision] as they apply to such seed.

(15) The provisions of paragraph (14) shall not apply if—

(a) the particulars specified in paragraph (14)(a)(ii), (iii) or (v) as appropriate are printed indelibly on the outside of the package, or

(b) the official label is an adhesive or a tear resistant label.

(16) Notwithstanding paragraph (7) a package of officially certified basic, CS, C1 or C2 seed may be marketed if—

(a) the appropriate particulars of the matters specified in paragraphs 9(a) to (l) of Schedule 8, and if so desired the particulars specified in paragraph 10 of that Schedule, are printed or stamped indelibly on the package in a panel of at least the size specified in paragraph 11 of Schedule 8 and of the colour specified in paragraph 12 of Schedule 8, and

(b) the requirements of Part VII of that Schedule are satisfied.

(17) In the case of seed of a variety that has been genetically modified—

(a) any label or document, official or otherwise, which is fixed to or accompanies a seed lot or any part of a seed lot under the provisions of these Regulations, and

(b) any particulars given under paragraph (4),

shall clearly indicate that the variety has been genetically modified.

(18) If any breeder’s seed or officially certified pre-basic, basic, CS, C1, C2 or commercial seed or a mixture of seeds to which regulation 22(1) or (2) applies has been subjected to any chemical treatment then this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either—

(a) in a case where paragraph (3) or (4) applies, with the particulars given in accordance with that paragraph; and

(b) in a case where paragraph (3) or (4) does not apply—

(i) on a separate supplier’s label on the package; or

(ii) on the label required under paragraph (5), (6), (7), (8), (9), (10), (11), (12) or (13);

and also, except where the information prescribed by this paragraph is given on an adhesive or tear-resistant label, either on the outside of the package or on a document enclosed inside the package.

(19) Subject to paragraph (20), if a package of officially certified pre-basic, basic, CS, C1, C2 or commercial seed, other than a small EC A or EC B package of a mixture of seeds to which regulation 22(1) or (2) applies or a small EC B package of officially certified basic, CS, C1, C2 or commercial seed, has been resealed this fact shall be stated on the official label together with the date of resealing and the name of the authority responsible for the resealing.

(20) Where a package of seed of the type specified in [F32 paragraph 11, 12(3), 17, 18(3), 25, 26(3), 26(4), 33, 34(3), 34(4), 40A, 41(3) and 41(4)] of Schedule 1 is resealed, the package shall be labelled with an OECD label containing the particulars otherwise required under this regulation.

(21) The particulars and the information given in accordance with this regulation shall be given in one of the official languages of any member State.

(22) Subject to the provisions of the Act and of these Regulations, no person shall, in the course of the marketing or the preparation for marketing of any seed by himself or another person, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label fixed to, contained in or marked on any package of seed or which is to be so fixed, contained or marked.

Textual Amendments

F29 Words in reg. 26(7)(c) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(12)(a)

F30 Reg. 26(11)(c) repealed (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(12)(b)

F31 Words in reg. 26(14)(c) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(12)(c)

F32 Words in reg. 26(20) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(12)(d)

PART IV U.K. MISCELLANEOUS AND SUPPLEMENTAL PROVISIONS

Civil liability of sellers of seeds U.K.

27.—(1) Particulars given to a purchaser by the seller of seed in pursuance of these Regulations, whether given expressly or by implication arising from the description under which the seed is sold, shall constitute a statutory warranty for the purpose of section 17 of the Act in so far as they relate to the category and, where applicable, level of seed, the percentage germination of the seed, the percentage analytical purity of the seed, the content of seed of other plant species and the varietal identity and varietal purity of the seed or, in the case of a mixture of seed permitted by regulation 22, of each of its constituents to which these Regulations apply.

(2) Section 17(2) of the Act shall apply to any particulars given to a purchaser by the seller of seed, being particulars given or implied as in paragraph (1), in so far as they relate to the percentage germination, the percentage analytical purity or the content of seed of other plant species and there are hereby prescribed in respect of such matters the limits of variation set out in Schedule 9.

(3) Section 17(3) of the Act shall apply to any particulars given to a purchaser by the seller of the seed, being particulars given or implied as in paragraph (1), in so far as they relate to the percentage germination, the percentage analytical purity or the content of seed of other plant species.

(4) A purchaser who intends to obtain a test of seed for the purposes of section 17(3) of the Act shall, not more than ten days after delivery to him of the seed, give to the seller notice of his intention and thereupon the seller may indicate a day (not being more than twenty-one days after the delivery of the seed to the purchaser) and a reasonable time on that day at which a sample of the seed may be taken in the presence of himself or his representative and the purchaser shall afford to the seller reasonable facilities for that purpose.

(5) On the day and at the time appointed by the seller in accordance with paragraph (4) or, if the seller shall have failed to appoint such a day and time, on a day not more than twenty-eight days after delivery of the seed to the purchaser, the purchaser or his representative may, and if the seller or his representative is present shall, take a sample of seed.

(6) A sample taken in accordance with the requirements of paragraph (5) shall be taken and divided by the purchaser or his representative into two parts in accordance with the requirements contained in Schedule 5 of the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002, of which one part shall be sent to the chief officer of an official testing station for the purpose of being tested and the other part delivered or tendered to the seller or his representative or, if he or his representative was not present when the sample was taken, sent to him by post.

(7) Where a sample is taken in accordance with the requirements of paragraph (5) and divided into two parts in accordance with paragraph (6) each part of the divided sample shall be of at least the appropriate minimum weight specified in Schedule 7 (lots and sample weights) of these Regulations.

Arrangements for official measures U.K.

28.—(1) Subject to the following provisions of this regulation, the Secretary of State may make arrangements, in such form as she is of the opinion may be necessary or desirable, for the purpose of enabling any person to act under her responsibility in carrying out official measures.

(2) The Secretary of State shall not make an arrangement under this regulation unless she is satisfied that it will make provision for the purpose of preventing the person with whom the arrangement is made, and any other person, from—

(a) deriving any private gain from any official measures carried out under the arrangement, and

(b) carrying out any official measures under the arrangement except under the supervision of the Secretary of State.

(3) An arrangement under this regulation may include such conditions as the Secretary of State is of the opinion are necessary or desirable for the purposes referred to in paragraphs (1) and (2) above, including conditions—

(a) specifying—

(i) the official measures that the person with whom the arrangement is made shall carry out under it;

(ii) the species and generation of seed in respect of which he may carry out the official measures;

(iii) the methods to be used in connection with the official measures he carries out under the arrangement;

(iv) the fees that may be charged by the person with whom the arrangement is made in relation to the official measures he carries out under it; and

(v) the records that must be kept by the person with whom the arrangement is made in connection with the official measures he carries out;

(b) prohibiting the person with whom the arrangement is made from—

(i) carrying out the official measures except under official supervision, and

(ii) charging fees in relation to the official measures he carries out under the arrangement except to the extent that these do not exceed the costs he incurs in carrying them out; and

(c) prohibiting the person with whom the arrangement is made from making any further arrangement for any purpose in connection with the carrying out of any of the official measures he has arranged with the Secretary of State to carry out, unless—

(i) the Secretary of State has first approved all the conditions of the further arrangement and the person with whom the arrangement was made has received the prior approval of the Secretary of State to make the further arrangement;

(ii) the further arrangement includes a condition prohibiting the making of any subsequent arrangements for any purpose in connection with the carrying out of any of the official measures in respect of which the Secretary of State made the arrangement;

(iii) the further arrangement includes an acknowledgement by the person with whom it is made that the Secretary of State may vary, suspend or revoke the further arrangement, whether or not she also varies, suspends or revokes the arrangement she made with the person seeking her approval for the further arrangement; and

(iv) the further arrangement includes the conditions specified in sub-paragraphs (a) and (b).

(4) The Secretary of State shall not approve the making of a further arrangement by any person with whom she makes an arrangement under this regulation unless she is satisfied that the person with whom the further arrangement is to be made—

(a) will not derive any private gain from any official measures he is to be authorised to carry out under the further arrangement, and

(b) will not carry out any official measures under the further arrangement except under official supervision.

(5) The Secretary of State may vary, suspend or revoke an arrangement or the conditions of an arrangement made under this regulation, or a further arrangement or any of the conditions of a further arrangement under this regulation, by giving notice to the person with whom the arrangement or further arrangement is made, and a further arrangement may be varied, suspended or revoked under this paragraph notwithstanding that the arrangement in respect of which it was made is not also varied, suspended or revoked.

(6) A notice of a variation, suspension or revocation of an arrangement or further arrangement, or of a condition of an arrangement or further arrangement, shall specify—

(a) in respect of a variation or a revocation, a date on and after which the variation or revocation shall have effect, and

(b) in respect of a suspension, a period during which suspension shall have effect,

and the variation, suspension or revocation shall have effect in accordance with the notice.

(7) When a variation, suspension or revocation has effect the Secretary of State may, for any purposes in relation to these Regulations or a determination under these Regulations, continue to have regard to such of the official measures carried out under an arrangement which was varied, suspended or revoked as appear to her to be official measures carried out in accordance with the provisions of these Regulations.

Fees U.K.

29.—(1) The Secretary of State may charge any person reasonable fees in respect of costs reasonably incurred by the Secretary of State in carrying out official measures for the purposes of these Regulations.

(2) The Secretary of State may charge any person concerned in any matter connected with these Regulations reasonable fees in respect of costs reasonably incurred by the Secretary of State in connection with that matter for the purposes of these Regulations, including the costs reasonably incurred by an officer authorised for the purposes of these Regulations by the Secretary of State in connection with—

(a) the taking of samples in accordance with regulation 23;

(b) the sealing of packages in accordance with regulations 24 and 25; and

(c) the labelling of packages in accordance with regulation 26.

(3) A person carrying out official measures in accordance with an arrangement or further arrangement under regulation 28 may charge any person, including any other person with whom an arrangement or further arrangement has been made under regulation 28, reasonable fees in respect of costs he reasonably incurs in carrying out official measures under the responsibility of the Secretary of State in accordance with these Regulations.

(4) All fees payable under these Regulations in connection with any application shall be payable—

(a) at the time the application is made, or

(b) with the agreement of the Secretary of State or a person carrying out official measures in accordance with an arrangement or further arrangement under regulation 28 (as the case may be), within twenty-eight days following notice from the Secretary of State or that person (as the case may be) demanding the fee payable in respect of such application.

(5) All other fees payable under these Regulations shall be payable within twenty-eight days following the issue of a notice under these Regulations demanding the payment of the fee.

(6) A fee charged in accordance with this regulation shall be recoverable as a debt from the person by whom the fee is payable.

Service of notices U.K.

30.—(1) Any notice required by virtue of these Regulations to be given to any person by the Secretary of State may be given by her—

(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address;

(b) if the person is a body corporate other than a limited liability partnership, by giving it in accordance with paragraph (a) to the secretary of the body;

(c) if the person is a limited liability partnership, by giving it in accordance with paragraph (a) to a member of the partnership; or

(d) if the person is a partnership, by giving it in accordance with paragraph (a) to a partner or a person having control of the management of the partnership business.

(2) For the purposes of this section and section 7 of the Interpretation Act 1978(17) (service of documents by post) in its application to this section, the proper address of any person to whom a notice is to be given shall be his last known address, except that—

(a) in the case of a body corporate (other than a limited liability partnership) or its secretary, it shall be the address of the registered or principal office of the body;

(b) in the case of a limited liability partnership or a member of the partnership, it shall be the address of the registered or principal office of the partnership; and

(c) in the case of a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership.

(3) Paragraph (4) applies if a person to be given a notice under these Regulations by the Secretary of State has specified to her an address within the United Kingdom other than his proper address (as determined under paragraph (2)) as the one at which he or someone on his behalf will accept notices of that description.

(4) In relation to that notice, that address shall be treated as his proper address for the purposes of this regulation and section 7 of the Interpretation Act 1978 in its application to this regulation, instead of that determined under paragraph (2).

Index of defined words and expressions U.K.

31.  Schedule 10 contains an index of defined words and expressions used in these Regulations.

Revocations and transitional provisions U.K.

32.—(1) Subject to paragraph (2)—

(a) the Fodder Plant Seeds Regulations 1993(18), the Fodder Plant Seeds (Amendment) Regulations 1993(19), the Fodder Plant Seeds (Amendment) Regulations 1996(20) and the Fodder Plant Seeds (Amendment) Regulations 1999(21) are revoked insofar as they apply to England;

(b) the Fodder Plant Seeds (Amendment) (England) Regulations 2000(22) are revoked;

(c) the Seeds (Fees) Regulations 1985(23) are revoked in so far as they apply to England in relation to matters arising under the Fodder Plant Seeds Regulations 1993; and

(d) the Seeds (Fees) (Amendment) (England) Regulations 2002(24) are revoked in relation to matters arising under the Fodder Plant Seeds Regulations 1993.

(2) The provisions of these Regulations shall not apply to seed harvested on or before 31st December 2002 until 1st July 2003.

(3) Section 17 of the Interpretation Act 1978 shall not apply in relation to general licences made under the Fodder Plant Seeds Regulations 1993.

Michael Meacher

Minister of State,

Department for Environment, Food and Rural Affairs