2002 No. 3172

SEEDS, ENGLAND

The Fodder Plant Seed (England) Regulations 2002

Made18th December 2002

Laid before Parliament20th December 2002

Coming into force31st January 2003

The Secretary of State in exercise of the powers conferred on her by sections 16(1), (1A), (2), (3), (4), (5) and (5A) and 36 of the Plant Varieties and Seeds Act 19641 after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to her to be concerned, hereby makes the following Regulations:

PART IGENERAL

Title, extent and commencement1

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 interpretation2

1

In these Regulations—

“the Act” means the Plant Varieties and Seeds Act 1964;
“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;
“approved seed certification authority” means an authority specified in column 2 of the table set out in Part I of the Annex 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—
1. a
  of the same variety;
2. b
  has come from different sources; and
3. c
  either—
  1. i
    has been officially certified;
  2. 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
  3. 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”—
1. 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
2. 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;
“the Common Catalogue Directive” means Council Directive 2002/53/EC2 on the common catalogue of varieties of agricultural plant species;
“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);
“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;
“EEA State” means a State that is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 19923 as adjusted by the Protocol signed at Brussels on 17th March 19934;
“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);
“equivalent third country” means a country specified in column 1 of the table set out in Part I of the Annex to the Third Country Equivalence Decision;
“the Fodder Plant Seed Directive” means Council Directive 66/401/EEC5 on the marketing of fodder plant seed as last amended by Council Directive 2001/64/EC6;
“genetically modified” has the same meaning as for the purposes of Council Directive 2001/18/EC7 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC;
“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—
1. a
  cocksfoot;
2. b
  festulolium;
3. c
  hybrid ryegrass;
4. d
  Italian ryegrass;
5. e
  lucerne;
6. f
  meadow fescue;
7. g
  perennial ryegrass;
8. h
  red clover;
9. i
  red fescue;
10. j
  sainfoin;
11. k
  small Timothy;
12. l
  smooth-stalked meadowgrass;
13. m
  tall fescue;
14. n
  Timothy; and
15. 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 20028 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/EC9 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/EC10, 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—
1. a
  in the case of fine grasses, fodder grasses, small seeded legumes and large seeded legumes, the OECD Grass and Legume Seed Scheme, and
2. 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;
“member State” means an EEA State;
“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 200111;
“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—
1. a
  in the case of fine grasses, fodder grasses, small seeded legumes and large seeded legumes, the OECD Grass and Legume Seed Scheme, and
2. 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 Trade12;
“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—
1. 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
2. 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;
“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;
“a Part II.A(3) official certificate” means an official certificate of the type specified in sub-paragraph 3 of paragraph A of Part II of the Annex to the Third Country Equivalence Decision;
“previously listed variety” means a plant variety that was previously entered in—
1. 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
2. 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—
1. a
  the conditions laid down in—
  1. i
    paragraphs 4 to 8, 10 and 12 of Schedule 3, and
  2. ii
    paragraphs 1 and 2 of Schedule 4, and
2. 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—
1. 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;
2. 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
3. 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;
“the Third Country Equivalence Decision” means Council Decision 95/514/EC13 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 Decision 2002/276/EC14;
“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”—
1. 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;
2. 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;
3. 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
4. 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 200015 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.

Definitions relating to plant species3

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.;
“cocksfoot” means plants of the species Dactylus 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;
“festulolium” means plants of the species Festuca pratensis Hudson x Lolium multiflorum Lam.;
“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.

Definition of marketing4

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 apply5

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 IIPROCEDURES RELATING TO THE OFFICIAL CERTIFICATION OF SEED

Entry of seed lots6

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—
1. a
  a seed test report issued in accordance with regulation 11(8), (9), (10) or (11), or
2. 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 crop7

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.

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

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

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.

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

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

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.

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

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

ii

not finally certified CS or C1 seed harvested in an equivalent third country and for which the Part 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.

Lodging of seed test reports12

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; 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.

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).

Re-grading of seed13

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

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.

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 IIICONTROL OF FODDER PLANT SEED

Marketing of seed15

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 seed16

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 seed17

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.

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 work19

1

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

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 200117 for acceptance of the variety concerned on to a National List that has not been withdrawn or finally determined; and

c

in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety concerned under Part C of Council Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC.

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.

General exemptions21

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.

Mixtures22

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 200218, the Oil and Fibre Plant Seed (England) Regulations 200219 or the Vegetable Seed (England) Regulations 200220 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.

Sampling23

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 200221; 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.

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, 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 or more, the maximum weight of the seed lot shall be 20 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);

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 paragraph B.I of Part II of the Annex 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—

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 paragraph B.I 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—

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.

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 paragraph B.I of Part II of the Annex 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.

Civil liability of sellers of seeds27

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.

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.

Fees29

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 notices30

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 197822 (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 expressions31

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

Revocations and transitional provisions32

1

Subject to paragraph (2)—

a

the Fodder Plant Seeds Regulations 199323, the Fodder Plant Seeds (Amendment) Regulations 199324, the Fodder Plant Seeds (Amendment) Regulations 199625 and the Fodder Plant Seeds (Amendment) Regulations 199926 are revoked insofar as they apply to England;

b

the Fodder Plant Seeds (Amendment) (England) Regulations 200027 are revoked;

c

the Seeds (Fees) Regulations 198528 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 200229 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 MeacherMinister of State,Department for Environment, Food and Rural Affairs18th December 2002

SCHEDULE 1INTERPRETATION

Regulations 2(5) and 26(20) and Schedule 10

PART IMeaning of pre-basic seed and similar expressions

Pre-basic seed1

In these Regulations “pre-basic seed” means seed of a generation prior to basic seed that—

a

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

b

is intended to be used for the production of more pre-basic seed, basic seed, or, with the breeder’s written authority—

i

in the case of seed, other than field beans, field peas, Lucerne Medicago sativa, lupins and vetches, CS seed;

ii

in the case of field beans, field peas, Lucerne Medicago sativa, lupins and vetches, C1 seed; or

iii

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

2

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

i

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

ii

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

UK officially certified basic seed of a listed variety9

1

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

2

This paragraph applies to—

a

seed of a listed variety officially certified as basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

b

seed of a previously listed variety officially certified as basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

3

This paragraph applies to—

a

basic seed of a listed variety—

i

that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

ii

that satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and

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

Third country officially certified basic seed of a listed variety11

1

In these Regulations “third country officially certified basic seed of a listed variety” means seed to which sub-paragraph (2) or (3) applies.

2

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

a

that was harvested from a crop that was produced in an equivalent third country from a preceding generation of seed that was produced in accordance with the provisions specified in paragraph 6 of Part II(B) of the Annex to the Third Country Equivalence Decision;

b

that has been officially certified as basic seed by the approved seed certification authority in that country in accordance with—

i

in the case of seed other than crucifers, the OECD Grass and Legume Seed Scheme, and

ii

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

iii

in both cases, the conditions specified in paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision;

c

that has been packed in packages that have been officially closed and marked in accordance with—

i

in the case of seed other than crucifers, the OECD Grass and Legume Seed Scheme, and

ii

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

and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision; and

d

that has been imported into the United Kingdom and was accompanied by—

i

an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as basic seed; and

This sub-paragraph applies to basic seed—

a

that complies with the requirements of paragraph 11(2)(a) to (d), and

b

that was imported into the United Kingdom as basic seed of a variety that was unlisted at the time when the seed was imported but has since been listed.

UK officially certified early movement basic seed of a listed variety13

a

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

b

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

UK officially certified basic seed of a component of a listed hybrid variety15

1

In these Regulations “UK officially certified basic seed of a component of a listed hybrid variety” means seed to which paragraph (2) or (3) applies.

2

This paragraph applies to—

a

seed of a component of a listed hybrid variety officially certified as basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

b

seed of a component of a previously listed hybrid variety officially certified as basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force in respect of seed of the hybrid variety.

3

This paragraph applies to—

a

basic seed of a component of a listed hybrid variety—

i

that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

ii

that satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and

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

Third country officially certified basic seed of a component of a listed hybrid variety17

and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision; and

d

that has been imported into the United Kingdom and was accompanied by—

i

an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as basic seed; and

ii

iii

3

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

a

of a previously listed hybrid variety that is on the OECD List and for which a marketing extension is in force, and

b

that complies with the requirements of sub-paragraph (2)(a) to (d).

Overseas tested officially certified basic seed of a component of a listed hybrid variety18

1

In these Regulations “overseas tested officially certified basic seed of a component of a listed hybrid variety” means basic seed to which sub-paragraph (2) or (3) applies.

2

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

a

b

for which a seed test report has been issued—

i

by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or

ii

by a licensed EC seed testing station in either of the member States referred to in paragraph (i),

stating that the seed has been found to satisfy the relevant Directive seed conditions for basic seed;

c

that has been imported into the United Kingdom as a component of a hybrid variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed, and

d

that is accompanied by—

i

an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

ii

the seed test report referred to in paragraph (b).

3

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

a

that complies with the requirements of paragraph 17(2)(a) to (d), and

b

that was imported into the United Kingdom as basic seed of a component of a hybrid variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed.

UK officially certified early movement basic seed of a component of a listed hybrid variety19

1

In these Regulations “UK officially certified early movement basic seed of a component of a listed hybrid variety” means seed of which paragraph (2) or (3) applies.

2

This paragraph applies to—

a

seed of a component of a listed hybrid variety officially certified as early movement basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

b

seed of a component of a previously listed hybrid variety officially certified as early movement basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force in respect of seed of the hybrid variety.

3

This paragraph applies to—

a

basic seed of a component of a listed hybrid variety—

i

that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

ii

that, subject to paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed;

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

i

third country officially certified basic seed of a component of a listed hybrid variety;

j

overseas tested officially certified basic seed of a component of a listed hybrid variety;

k

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

l

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

PART IIIMeaning of CS seed and similar expressions

CS seed22

In these Regulations in relation to all seed, other than field beans, field peas, Lucerne Medicago sativa, lupins and vetches, “CS seed” means seed that—

a

has been produced directly from officially certified basic seed or, with the breeder’s written authority, from officially certified pre-basic seed, and

b

is intended for purposes other than the production of fodder plant seed.

UK officially certified CS seed of a listed variety23

1

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

2

This paragraph applies to—

a

seed of a listed variety officially certified as CS seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

b

seed of a previously listed variety officially certified as CS seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

3

This paragraph applies to—

a

CS seed of a listed variety—

i

that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found, by an official UK field inspection (whenever carried out) or, in the case of a crop that has been produced from seed that has been subject to satisfactory official post control, by a UK field inspection carried out under official supervision following the listing of the variety, to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS seed is to be produced;

ii

that satisfies the conditions laid down in Parts II and III of Schedule 4 for CS seed; and

1

In these Regulations “third country officially certified CS seed of a listed variety” means seed to which sub-paragraph (2) or (3) applies.

2

This sub-paragraph applies to CS seed of a listed variety—

a

that was harvested from a crop that was produced in an equivalent third country from basic seed that was produced in accordance with the provisions of paragraph 7 of Part II(B) of the Annex to the Third Country Equivalence Decision;

b

that has been officially certified as basic seed by the approved seed certification authority in that country in accordance with—

i

in the case of seed other than crucifers, the OECD Grass and Legume Seed Scheme, and

ii

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

iii

in both cases, the conditions specified in paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision;

c

that has been packed in packages that have been officially closed and marked in accordance with—

i

in the case of seed other than crucifers, the OECD Grass and Legume Seed Scheme, and

ii

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

and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision; and

d

that has been imported into the United Kingdom and was accompanied by—

i

an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as CS seed; and

ii

subject to paragraph (iii), an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for CS seed other than those relating to varietal identity and varietal purity; or

iii

3

This sub-paragraph applies to CS seed—

a

of a previously listed variety that is on the OECD List and for which a marketing extension is in force, and

b

that complies with the requirements of sub-paragraph (2)(a) to (d).

Overseas tested officially certified CS seed of a listed variety26

1

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

2

This sub-paragraph applies to CS seed—

a

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

b

for which a seed test report has been issued—

i

by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or

ii

by a licensed EC seed testing station in either of the member States referred to in paragraph (i),

stating that the seed has been found to satisfy the relevant Directive seed conditions for CS seed;

c

that has been imported into the United Kingdom as CS seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

d

that is accompanied by—

i

an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

ii

the seed test report referred to in paragraph (b).

3

This sub-paragraph applies to CS seed—

a

that was harvested from a crop produced in an equivalent third country for which a field inspection report was issued by the approved seed certification authority or a licensed third country crop inspector in that country stating that the crop had been found to satisfy the relevant Directive crop conditions for CS seed;

b

that was subsequently imported into a member State other than the United Kingdom and for which a seed test report has been issued by or on behalf of the competent seed certification authority or by a licensed EC seed testing station in that member State, stating that the seed has been found to satisfy the relevant Directive seed conditions for CS seed;

c

that has been imported into the United Kingdom as CS seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

d

that is accompanied by—

i

a Part II.A(3) official certificate relating to the crop from which the seed was harvested issued by the approved seed certification authority in the third country referred to in paragraph (a) stating that the crop has been found to satisfy the relevant crop conditions for CS seed, and

ii

the seed test report referred to in paragraph (b).

4

This sub-paragraph applies to CS seed—

a

that complies with the requirements of paragraph 25(2)(a) and (d), and

b

that was imported into the United Kingdom as CS seed of a variety that was unlisted at the time when the seed was imported but has since been listed.

1

In these Regulations “UK officially certified C1 seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

2

This paragraph applies to—

a

seed of a listed variety officially certified as C1 seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

b

seed of a previously listed variety officially certified as C1 seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

3

This paragraph applies to—

a

C1 seed of a listed variety—

i

ii

that satisfies the conditions laid down in Parts II and III of Schedule 4 for C1 seed; and

1

In these Regulations “third country officially certified C1 seed of a listed variety” means C1 seed to which sub-paragraph (2) or (3) applies.

2

This sub-paragraph applies to C1 seed of a listed variety—

a

that was harvested from a crop that has been produced in an equivalent third country from a preceding generation of seed that was produced in accordance with the provisions of paragraph 7 of Part II(B) of the Annex to the Third Country Equivalence Decision;

b

that has been officially certified as basic seed by the approved seed certification authority in that country in accordance with the OECD Grass and Legume Seed Scheme and the conditions specified in paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision;

c

that has been packed in packages that have been officially closed and marked in accordance with—

i

in the case of seed other than crucifers, the OECD Grass and Legume Seed Scheme, and

ii

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

and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision; and

d

that has been imported into the United Kingdom and was accompanied by—

i

an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as C1 seed; and

ii

subject to paragraph (iii), an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for C1 seed other than those relating to varietal identity and varietal purity; or

iii

3

This sub-paragraph applies to C1 seed—

a

of a previously listed variety that is on the OECD List and for which a marketing extension is in force, and

b

that complies with the requirements of sub-paragraph (2)(a) to (d).

Overseas tested officially certified C1 seed of a listed variety34

1

In these Regulations “overseas tested officially certified C1 seed of a listed variety” means C1 seed to which sub-paragraph (2), (3) or (4) applies.

2

This sub-paragraph applies to C1 seed—

a

that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report has been issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for C1 seed;

b

for which a seed test report has been issued—

i

by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or

ii

by a licensed EC seed testing station in either of the member States referred to in paragraph (i),

stating that the seed has been found to satisfy the relevant Directive seed conditions for C1 seed;

c

that has been imported into the United Kingdom as C1 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

d

that is accompanied by—

i

an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

ii

the seed test report referred to in paragraph (b).

3

This sub-paragraph applies to C1 seed—

that is intended for purposes other than the production of fodder plant seed.

UK officially certified C2 seed of a listed variety39

1

In these Regulations, in relation to field beans and field peas, “UK officially certified C2 seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.

2

This paragraph applies to—

a

seed of a listed variety officially certified as C2 seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

b

seed of a previously listed variety officially certified as C2 seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

3

This paragraph applies to—

a

C2 seed of a listed variety—

i

ii

that satisfies the conditions laid down in Parts II and III of Schedule 4 for C2 seed; and

C2 seed of a previously listed variety officially certified as C2 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.

Overseas tested officially certified C2 seed of a listed variety41

In these Regulations “overseas tested officially certified C2 seed of a listed variety” means C2 seed—

a

b

for which a seed test report has been issued—

i

by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or

ii

by a licensed EC seed testing station in either of the member States referred to in paragraph (i),

stating that the seed has been found to satisfy the relevant Directive seed conditions for C2 seed;

c

that was imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

d

that is accompanied by—

i

an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

ii

the seed test report referred to in paragraph (b).

overseas tested officially certified C2 seed of a listed variety;

d

UK officially certified early movement C2 seed of a listed variety; and

e

EC officially certified early movement C2 seed of a listed variety.

PART IVMeaning of commercial seed and similar expressions

Commercial seed45

In these Regulations “commercial seed” means seed of annual meadowgrass, Hungarian vetch or sainfoin that is identifiable as to its species.

UK officially certified commercial seed46

1

In these Regulations “UK officially certified commercial seed” means seed to which paragraph (2) or (3) applies.

2

This paragraph applies to seed officially certified as commercial seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development.

3

This paragraph applies to commercial seed—

a

that satisfies the conditions laid down in Parts II and III of Schedule 4 for commercial seed, and

b

EC officially certified commercial seed47

In these Regulations “EC officially certified commercial seed” means commercial seed officially certified as commercial seed by the competent seed certification authority in another member State.

UK officially certified early movement commercial seed48

1

In these Regulations “UK officially certified early movement commercial seed” means seed to which paragraph (2) or (3) applies.

2

This paragraph applies to seed officially certified as early movement commercial seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development.

3

This paragraph applies to commercial seed—

a

that, subject to paragraph (b), satisfies the conditions laid down in Part II and III of Schedule 4 for commercial seed;

b

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

c

for which a seed test report has been issued stating that it has been found by an official UK seed test or by a UK seed test carried out under official supervision (in either case whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for commercial seed except for the germination condition and stating that the results of the Schedule 4 germination test are awaited,

EC officially certified early movement commercial seed49

In these Regulations “EC officially certified early movement commercial seed” means commercial seed officially certified as early movement commercial seed by the competent seed certification authority in another member State.

Officially certified commercial seed50

In these Regulations “officially certified commercial seed” means

a

UK officially certified commercial seed;

b

EC officially certified commercial seed;

c

UK officially certified early movement commercial seed; and

d

EC officially certified early movement commercial seed.

ii

iii

Not finally certified basic seed harvested in another member State53

1

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

a

to which sub-paragraph (2) applies;

b

c

that has been packed in a sealed package in accordance with the requirements of Article 9(1) of the Fodder Plant Seed Directive and is labelled with a grey label;

d

that has been imported into the United Kingdom as not finally certified seed; and

e

that is accompanied by an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

2

This sub-paragraph applies to basic seed of—

a

a listed variety;

b

a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined;

c

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

d

a component of a listed hybrid variety;

e

a component of a hybrid variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or

f

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

3

In this paragraph “grey label” shall have the same meaning as in paragraph 52(3).

Not finally certified CS seed harvested in another member State54

1

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

a

to which sub-paragraph (2) applies;

b

that has been harvested from a crop—

i

that has been produced in another member State directly from officially certified basic seed, and, in the case of a crop from which CS seed of a hybrid variety is to be harvested, includes a crop that has been produced from crossing basic seed officially certified by or on behalf of a competent seed certification authority in a member State with basic seed officially certified by an approved seed certification authority in an equivalent third country; and

ii

that has been found by a field examination of the crop carried out by or on behalf of the competent seed certification authority in the member State, or, in the case of seed that has been harvested from a crop that has been produced from seed that has undergone official post-control the results of which have been satisfactory, by a field examination of the crop carried out by a licensed EC crop inspector in that member State, to satisfy the Directive crop conditions for CS seed;

c

that has been packed in a sealed package in accordance with the requirements of Article 9(1) of the Fodder Plant Seed Directive and is labelled with a grey label;

d

that has been imported into the United Kingdom as not finally certified seed; and

e

that is accompanied by an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

2

This sub-paragraph applies to CS seed of—

a

a listed variety;

b

a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; and

c

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

3

In this paragraph “grey label” shall have the same meaning as in paragraph 52(3).

Not finally certified C1 seed harvested in another member State55

1

In these Regulations “not finally certified C1 seed harvested in another member State” means C1 seed—

a

to which sub-paragraph (2) applies;

b

that has been harvested from a crop—

i

that has been produced in another member State directly from officially certified basic seed, and

ii

c

that has been packed in a sealed package in accordance with the requirements of Article 9(1) of the Fodder Plant Seed Directive and is labelled with a grey label;

d

that has been imported into the United Kingdom as not finally certified seed; and

e

that is accompanied by an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

2

This sub-paragraph applies to C1 seed of—

a listed variety;

b

a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; and

c

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

3

In this paragraph “grey label” shall have the same meaning as in paragraph 52(3).

Not finally certified CS seed harvested in an equivalent third country57

1

In these Regulations “not finally certified CS seed harvested in an equivalent third country” means CS seed—

a

to which sub-paragraph (2) applies;

b

that has been harvested from a crop—

i

that has been produced in an equivalent third country directly from officially certified basic seed, and, in the case of a crop from which CS seed of a hybrid variety is to be harvested, includes a crop that has been produced from crossing basic seed officially certified by or on behalf of a competent seed certification authority in a member State with basic seed officially certified by an approved seed certification authority in an equivalent third country, and

ii

that has been found, by a field inspection of the crop carried out by the approved seed certification authority in the equivalent third country in which the crop was produced, or a licensed third country field inspector in that country, in accordance with the conditions specified in Part II.A of the Annex to the Third Country Equivalence Decision, to satisfy the Directive crop conditions for CS seed;

c

that has been packed in a sealed package and labelled in accordance with the requirements specified in paragraph 2 of Part II.A of the Annex to the Third Country Equivalence Decision;

d

that has been imported into the United Kingdom as not finally certified seed; and

e

that is accompanied by a Part II.A(3) official certificate relating to the seed issued by the approved seed certification authority in the equivalent third country in which the seed was harvested.

2

This sub-paragraph applies to CS seed of—

a

a listed variety;

b

a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or

c

a previously listed variety that is on the OECD List and for which a marketing extension is in force.

Not finally certified C1 seed harvested in an equivalent third country58

1

In these Regulations “not finally certified C1 seed harvested in an equivalent third country” means C1 seed—

a

to which sub-paragraph (2) applies;

b

that has been harvested from a crop—

i

that has been produced in an equivalent third country directly from officially certified basic seed, and

ii

c

that has been packed in a sealed package and labelled in accordance with the requirements specified in paragraph 2 of Part II.A of the Annex to the Third Country Equivalence Decision;

d

that has been imported into the United Kingdom as not finally certified seed; and

e

that is accompanied by a Part II.A(3) official certificate relating to the seed issued by the approved seed certification authority in the equivalent third country in which the seed was harvested.

2

This sub-paragraph applies to C1 seed of—

a

a listed variety;

b

a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or

c

a previously listed variety that is on the OECD List and for which a marketing extension is in force.

SCHEDULE 2SPECIES OF SEED TO WHICH THESE REGULATIONS APPLY

Regulations 3, 5(1) and 22(2) and paragraph 2 of Schedule 3

1

Seed of fine grasses of the following plant species—

a

annual meadowgrass;

b

brown top;

c

creeping bent grass;

d

festulolium;

e

red fescue;

f

red top;

g

rough-stalked meadowgrass;

h

sheep’s fescue (including fine-leaved fescue and hard fescue);

i

smooth-stalked meadowgrass;

j

velvet bent; and

k

wood meadowgrass.

2

Seed of fodder grasses of the following plant species—

a

Alaska brome-grass;

b

cocksfoot;

c

hybrid ryegrass;

d

Italian ryegrass;

e

meadow fescue;

f

perennial ryegrass;

g

rescue grass;

h

small Timothy;

i

tall fescue;

j

tall oatgrass; and

k

Timothy.

3

Seed of small seeded legumes of the following plant species—

a

Alsike clover;

b

birdsfoot trefoil;

c

lucerne;

d

red clover;

e

sainfoin;

f

trefoil, black medick; and

g

white clover.

4

Seed of large seeded legumes of the following plant species—

a

blue lupin (also known as narrow-leaved lupin);

b

common vetch;

c

field bean;

d

field pea;

e

hairy vetch;

f

Hungarian vetch;

g

white lupin; and

h

yellow lupin.

5

Seed of crucifers of the following plant species—

a

fodder kale;

b

fodder radish; and

c

swede

SCHEDULE 3CONDITIONS RELATING TO CROPS FROM WHICH SEED IS TO BE HARVESTED

Regulations 2(1), 8(8) to (12), (13)(b), (15)(c) and (18)(a), 10(3)(a) and (b), (4)(a), (b) and (c), 11(15)(a) and (b), 13(5)(d) and 14(1)(b), paragraphs 2(3)(a), 5(3)(a), 9(3)(a), 13(3)(a), 15(3)(a), 19(3)(a), 23(3)(a), 27(3)(a), 31(3)(a), 35(3)(a), 39(3)(a), 42(3)(a), 51(4)(a), (5)(a) and (7)(a) of Schedule 1 and paragraph 3 of Schedule 4

1

The previous cropping of the field shall not have been incompatible with the production of seeds of the species and variety of the crop and the field shall be sufficiently free from plants which are volunteers from previous cropping.

2

Subject to paragraph 3, the crop shall conform to the following standards as regards the minimum distances from neighbouring sources of pollen which may result in undesirable foreign pollination—

Crop	Minimum distance
1	2
a Fodder kale and swede—
i for the production of basic seed	400 metres
ii for the production of CS seed	200 metres
b Crops of a species specified in Schedule 2 other than field peas, fodder kale, apomictic uni clonal varieties of smooth stalked meadow grass and swede—
i for the production of seed intended for multiplication, fields up to 2 hectares	200 metres
ii for the production of seed intended for multiplication, fields over 2 hectares	100 metres
iii for the production of seed intended for the production of fodder plants, fields up to 2 hectares	100 metres
iv for the production of seed intended for the production of fodder plants, fields over 2 hectares	50 metres

3

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

4

Subject to paragraphs 5 and 6, the crop shall have sufficient varietal identity and varietal purity.

1

A crop from which basic seed is to be produced shall be examined by an official field inspection to determine whether the crop meets the conditions set out in this Schedule and in Part I of Schedule 4.

2

A crop from which CS, C1 or C2 seed is to be produced shall be examined by means of an official field inspection or an inspection carried out under official supervision to determine whether the crop meets the conditions set out in this Schedule and in Part I of Schedule 4.

3

Field inspections shall be carried out at a time when the condition and stage of development of the crop permit an adequate examination.

4

At least one field inspection of the crop shall be carried out.

12

For the purpose of determining whether a crop from which pre-basic seed is to be produced meets the conditions laid down in this Schedule, the crop from which such seed is to be produced shall be treated in the same way as a crop from which basic seed is to be produced.

SCHEDULE 4CONDITIONS TO BE SATISFIED BY THE SEED

Regulations 2(1), 8(8)(a) and (b), (9) to (12), (13)(b), (15)(c) and (18)(a), 10(3)(a) and (b), (4)(a), (b) and (c), 11(6),(7), (8)(a), (9) to (13) and (15)(a) and (b), 13(3)(a) and (b), (4), (5)(d), (e) and (f), 14(1)(b) and (c), 16(2)(a) and (3), paragraphs 2(3)(a), 5(3)(a), 9(3)(a), 13(3)(a), 15(3)(a), 19(3)(a), 23(3)(a), 27(3)(a), 31(3)(a), 35(3)(a), 39(3)(a), 42(3)(a), 51(4)(a) and (b), (5)(a) and (b) and (7)(a) and (b) of Schedule 1 and paragraph 11(1) and (2) of Schedule 3

PART IConditions to be examined mainly by field inspections

1

The seed shall have sufficient varietal identity and varietal purity.

2

In the case of seed of the species and type specified in column 1 of the table below, the minimum varietal purity shall conform to the standards specified in the corresponding entry in column 2 of the table—

Species and category	Minimum varietal purity standard (percentage by number)
Column (1)	Column (2)
a Fodder kale, apomictic uniclonal varieties of smooth-stalked meadowgrass and swede—
i basic seed	99.7
ii CS seed	98.0
b Field beans and field peas—
i basic seed	99.7
ii C1 seed	99.0
iii C2 seed	98.0

3

For the purposes of paragraph 2, the minimum varietal purity of seed shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Schedule 3.

PART IIConditions to be examined by seed testing

4

The seed shall conform to the following standards or other conditions as regards analytical purity—

Species	Minimum analytical purity (% by weight)	Minimum analytical purity (% by weight)
	EC minimum standard	HVS standard
	All categories	CS only
1 Fine grasses—
a annual meadowgrass	85	Not applicable
b brown top	90	Not applicable
c creeping bent grass	90	Not applicable
d festulolium	96	98
e red fescue	90	95
f red top	90	Not applicable
g rough-stalked meadowgrass	85	Not applicable
h sheep’s fescue	85	Not applicable
i smooth-stalked meadowgrass	85	90
j velvet bent	90	Not applicable
k wood meadowgrass	85	Not applicable
2 Fodder grasses—
a Alaska brome-grass	97	Not applicable
b cocksfoot	90	90
c hybrid ryegrass	96	98
d Italian ryegrass	96	98
e meadow fescue	95	98
f perennial ryegrass	96	98
g rescue grass	97	Not applicable
h small Timothy	96	98
i tall fescue	95	98
j tall oatgrass	90	Not applicable
k Timothy	96	98
3 Small seeded legumes—
a Alsike clover	97	Not applicable
b birdsfoot trefoil	95	Not applicable
c lucerne	97	98
d red clover	97	98
e sainfoin	95	98
f trefoil, black medick	97	Not applicable
g white clover	97	98
4 Large seeded legumes—
a blue lupin	98	Not applicable
b common vetch	98	Not applicable
c field bean	98	Not applicable
d field pea	98	Not applicable
e hairy vetch	98	Not applicable
f Hungarian vetch	98	Not applicable
g white lupin	98	Not applicable
h yellow lupin	98	Not applicable
5 Crucifers—
a fodder kale	98	Not applicable
b fodder radish	97	Not applicable
c swede	98	Not applicable

5

1

Subject to paragraphs (2) to (14), the seed shall conform to the following standards or other conditions as regards the maximum content of seeds of other plant species—

Species	Basic seed		CS, C1 and C2 seed EC minimum standard level		CS seed HVS level
	Total	A single species	Total	A single species	Total	A single species
	(percentage by weight)	(content by number in a sample of the weight specified in column 4 of the table in Schedule 7)	(percentage by weight)	(percentage by weight)	(percentage by weight)	(percentage by weight)
1 Fine grasses
a Fine grasses other than—	0.3	20	2.0	1.0	Not applicable	Not applicable
i Festulolium ii Red fescue iii Smooth-stalk meadowgrass
b Festulolium	0.3	20	1.5	1.0	1.5	Not applicable
c Red fescue	0.3	20	1.5	1.0	1.5	0.5
d Smooth-stalk meadowgrass	0.3	20	2.0	1.0	1.5	0.5
2 Fodder grasses
a Fodder grasses other than—
i Alaska brome-grass	0.3	20	1.5	1.0	1.5	0.5
ii Rescue grass iii Tall oatgrass
b Alaska brome-grass and rescue grass	0.4	20	1.5	1.0	Not applicable	Not applicable
c Tall oatgrass	0.3	20	3.0	1.0	Not applicable	Not applicable
3 Small seeded legumes
a Alsike clover and trefoil, black medick	0.3	20	1.5	1.0	Not applicable	Not applicable
b Birdsfoot trefoil	0.3	20	1.8	1.0	Not applicable	Not applicable
c Lucerne, red clover and white clover	0.3	20	1.5	1.0	1.5	0.5
d Sainfoin	0.3	20	2.5	1.0	1.5	0.5
4 Large seeded legumes
a Large seeded legumes other than vetches	0.3	20	0.5	0.3	Not applicable	Not applicable
b Vetches	0.3	20	1.0	0.5	Not applicable	Not applicable
5 Crucifers	0.3	20	1.0	0.5	Not applicable	Not applicable

2

Notwithstanding the condition that a sample of basic seed of the weight specified in column 4 of the table in Schedule 7 shall not exceed 20 seeds of a single species, in the case of—

a

cocksfoot;

b

festulolium;

c

hybrid ryegrass;

d

Italian ryegrass;

e

meadow fescue;

f

perennial ryegrass;

g

red fescue;

h

sheep’s fescue;

i

tall fescue; and

j

tall oatgrass,

a maximum total of 80 seeds of Poa spp. in a sample shall not be regarded as an impurity.

3

In the case of a sample of HVS level CS seed of red fescue, there shall be no more than a total of 4 seeds of ryegrass, cocksfoot and meadow fescue in a sample of the weight specified in column 4 of the table in Schedule 7.

4

In the case of basic seed of annual meadowgrass, rough-stalked meadowgrass, smooth-stalked meadowgrass and wood meadowgrass the maximum total content of seeds of Poa spp. other than the species to be examined shall not exceed one in a sample of 500 seeds.

5

In the case of a sample of CS seed of annual meadowgrass, rough-stalked meadowgrass, smooth-stalked meadowgrass and wood meadowgrass, a maximum total of 0.8% by weight of seeds of other Poa spp. in the sample shall not be regarded as an impurity.

6

In the case of a sample of HVS level CS seed of smooth-stalked meadowgrass, a maximum of 0.4% by weight of seed of other meadowgrasses shall not be regarded as an impurity.

7

In the case of a sample of HVS level CS seed of meadow fescue and tall fescue, there shall be no more than—

a

0.3% by weight of rough stalked meadowgrass, or

b

0.3% by weight of ryegrass,

in the sample.

8

In the case of a sample of CS seed of tall oatgrass, the condition that the weight of seed of a single plant species in the sample shall not exceed 1.0% shall not apply to seeds of Poa spp.

9

In the case of a sample of HVS level CS seed of hybrid ryegrass, Italian ryegrass and perennial ryegrass, there shall be no more than—

a

0.4% by weight of annual meadowgrass, or

b

0.3% by weight of rough stalked meadowgrass,

in the sample.

10

In the case of a sample of CS seed of birdsfoot trefoil, a maximum total of 1% by weight of seeds of red clover in the sample shall not be regarded as an impurity.

11

In the case of a sample of C1 or C2 seed of a lupin, a maximum total of 0.5% by weight of seeds of field bean, field pea, or vetch seed or another species of lupin in the sample shall not be regarded as an impurity.

12

In the case of a sample of C1 or C2 seed of a vetch, a maximum total of 0.5% by weight of seeds of field bean, field pea or lupin seed or another species of vetch seed in the sample shall not be regarded as an impurity.

13

In the case of a sample of HVS level CS seed of small Timothy and Timothy, there shall be no more than 0.3% by weight of Agrostis spp. in the sample.

14

In the case of a sample of HVS level CS seed of red fescue, there shall be no more than 0.3% by weight of rough-stalked meadowgrass.

6

The seed shall conform to the following standards as regards the content of seeds of Rumex spp. (commonly known as docks and sorrels) other than Rumex acetosella (commonly known as sheep’s sorrel) and Rumex maritimus (commonly known as golden dock)—

Species	Maximum permitted by number in a sample of the weight prescribed in column 4 of the table in Schedule 7
	Basic seed	CS, C1 and C2 seed	CS seed
		EC minimum level	HVS level
1 Fine grasses
a Fine grasses other than—	1	2	Not applicable
i annual meadowgrass ii festulolium iii red fescue iv sheep’s fescue v smooth-stalked meadowgrass
b annual meadowgrass	1	5	Not applicable
c red fescue	2	5	5
d sheep’s fescue and festulolium	2	5	Not applicable
e smooth-stalked meadowgrass	1	2	2
2 Fodder grasses
a fodder grasses other than—	2	5	5
i Alaska brome-grass ii rescue grass iii small Timothy iv tall oatgrass v Timothy
b Alaska brome-grass	5	10	Not applicable
c rescue grass	5	10	Not applicable
d small Timothy	2	5	4
e tall oatgrass	2	5	Not applicable
f Timothy	2	5	4
3 Small seeded legumes—
a Alsike clover	3	10	Not applicable
b birdsfoot trefoil	3	10	Not applicable
c lucerne	3	10	10
d red clover	5	10	10
e sainfoin	2	5	5
f trefoil, black medick	5	10	Not applicable
g white clover	5	10	10
4 Large seeded legumes	2	5	Not applicable
5 Crucifers—
a fodder kale	3	10	Not applicable
b fodder radish and swede	2	5	Not applicable

7

The seed shall conform to the following standards as regards the content of seeds of Alopecurus myosuroides (commonly known as blackgrass and called "blackgrass" in the table set out in this paragraph) and Agropyron repens (commonly known as couch and called "couch" in the following table)—

Species	Basic seed		CS seed EC minimum standard level		CS seed HVS level
	Maximum content by number in a sample of the weight specified in column 4 of the table in Schedule 7		Maximum percentage by weight		Maximum content by number in a sample of the weight specified in column 4 of the table in Schedule 7
	Couch	Blackgrass	Couch	Blackgrass	Couch	Blackgrass
1 Fine grasses—
a Fine grasses other than—	1	1	0.3	0.3	Not applicable	Not applicable
i festulolium ii red fescue iii sheep’s fescue iv smooth-stalk meadowgrass
b festulolium	5	5	0.5	0.3	10	Not applicable
c red fescue	5	5	0.5	0.3	10	10
d sheep’s fescue	5	5	0.5	0.3	Not applicable	Not applicable
e smooth-stalk meadowgrass	1	1	0.3	0.3	3	3
2 Fodder grasses
a Fodder grasses other than—	5	5	0.5	0.3	10	10
i Alaska brome-grass ii cocksfoot iii rescue grass iv small Timothy v tall oatgrass vi Timothy
b Alaska brome-grass, rescue grass and tall oatgrass	5	5	0.5	0.3	Not applicable	Not applicable
c cocksfoot	5	5	0.3	0.3	10	10
d small Timothy and Timothy	1	1	0.3	0.3	10	10
3 Small seeded legumes as follows—	Not applicable	Not applicable	Not applicable	Not applicable	10	10
a lucerne b red clover c sainfoin d white clover

8

1

Subject to paragraph (2), for basic seed of small and large seed legumes, a sample of the weight specified in column 4 of the table in Schedule 7 shall be free of seeds of Melilotus spp. (commonly known as sweet clover and hereinafter in this paragraph called “sweet clover”).

2

In the case of—

a

Alsike clover;

b

birdsfoot trefoil;

c

lucerne;

d

red clover;

e

trefoil, black medick; and

f

white clover,

one seed of sweet clover in a sample of the weight specified in column 4 of the table in Schedule 7 shall not be regarded as an impurity where a second sample of twice that weight is free from any sweet clover seed.

3

For CS, C1 and C2 seed of small and large seeded legumes, any sweet clover seed in a sample shall not exceed 0.3% by weight.

9

1

Subject to paragraph (2), a sample of seed of the weight specified in column 4 of the table in Schedule 7 shall be free of seeds of Avena fatua, Avena ludoviciana and Avena sterilis (commonly known as wild oats and hereinafter in this paragraph called “wild oats”).

2

In the case of basic and CS seed of—

a

Alaska brome grass;

b

rescue grass; and

c

tall oatgrass;

a maximum of 2 wild oats seeds in a sample of the weight specified in column 4 of the table in Schedule 7 shall not be regarded as an impurity where a second sample of the same weight is free from any wild oats seed.

10

1

Subject to paragraphs (2) and (3), a sample of seed of the weight specified in column 4 of the table in Schedule 7 shall be free of seed of Cuscuta spp. (commonly known as dodder and hereinafter called “dodder” n this paragraph).

2

In the case of minimum level CS seed of fine grasses, fodder grasses, fodder kale and swede, the presence of one seed of dodder in a sample shall not be regarded as an impurity where a second sample of the same weight is free from any dodder seed.

3

Subject to paragraph (4), in the case of basic and CS seed of—

a

Alsike clover;

b

birdsfoot trefoil;

c

black medick trefoil;

d

lucerne;

e

red clover;

f

white clover,

a sample of seed of the weight specified in column 4 of the table in Schedule 7 shall be free of dodder seed.

4

In the case of minimum level CS seed and C1 seed of the species specified in sub-paragraph (3), the presence of one seed of dodder in a sample shall not be regarded as an impurity where a second sample of the same weight is free from any dodder seed.

11

The percentage by number of bitter lupins in a sample of seed of a sweet lupin variety shall not exceed—

a

1% in the case of basic seed, and

b

2.5% in the case of CS seed.

12

1

In the case of CS seed, the percentage by number of seeds of another colour in a sample of seed of a bitter lupin variety shall not exceed 2%.

2

In the case of CS seed of lupins, other than bitter lupins, the percentage by number of seeds of another colour in a sample shall not exceed 1%.

13

In the case of crucifers, the percentage by weight of seed of Raphanus raphanistrum (commonly known as wild radish) or Sinapsis arvensis (commonly known as charlock) in a sample of seed shall not exceed 0.3%.

14

1

Subject to paragraph (2), it shall be determined, by way of a germination test, whether or not the seed will satisfy the applicable germination standard set out in column 2 of the following table (“the germination table”)—

Column 1	Column 2	Column 3
Species	Minimum germination	Maximum hard seed content
(all categories)	(% of pure seed)	(% pure seed)
1 Fine grasses—
a annual meadowgrass	75	Not applicable
b brown top	75	Not applicable
c creeping bent grass	75	Not applicable
d festulolium	75	Not applicable
e red fescue	75	Not applicable
f red top	80	Not applicable
g rough-stalked meadowgrass	75	Not applicable
h sheep’s fescue	75	Not applicable
i smooth-stalked meadowgrass	75	Not applicable
j velvet bent	75	Not applicable
k wood meadowgrass	75	Not applicable
2 Fodder grasses—
a Alaska brome-grass	75	Not applicable
b cocksfoot	80	Not applicable
c hybrid ryegrass	75	No applicable
d Italian ryegrass	75	Not applicable
e meadow fescue	80	Not applicable
f perennial ryegrass	80	Not applicable
g rescue grass	75	Not applicable
h small Timothy	80	Not applicable
i tall fescue	80	Not applicable
j tall oatgrass	75	Not applicable
k Timothy	80	Not applicable
3 Small seeded legumes—
a Alsike clover	80	20
b birdsfoot trefoil	75	40
c lucerne	80	40
d red clover	80	20
e sainfoin	75	20
f trefoil, black medick	80	20
g white clover	80	40
4 Large seeded legumes—
a blue lupin	75	20
b common vetch	85	20
c field bean	85	5
d field pea	80	Not applicable
e hairy vetch	85	20
f Hungarian vetch	85	20
g white lupin	80	20
h yellow lupin	80	20
5 Crucifers—
a fodder kale	75	Not applicable
b fodder radish	80	Not applicable
c swede	80	Not applicable

2

For the purpose of determining whether seed satisfies the applicable germination standard set out in column 2 of the germination table—

a

any fresh and healthy seed which does not germinate after pre-treatment shall be regarded as seed which has germinated, and

b

any hard seed present not exceeding the amount shown in column 3 of the table shall be regarded as seed which is capable of germination.

PART IIIOther conditions

15

Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level that can be achieved.

PART IVGeneral provisions

16

For the purpose of determining whether seed meets the conditions laid down in this Schedule pre-basic seed shall be treated in the same way as basic seed.

17

1

For the purpose of determining whether commercial seed meets the conditions laid down in this Schedule the provisions of this Schedule, other than paragraphs 1 to 3, shall apply, insofar as they may be relevant, to commercial seed of annual meadowgrass and Hungarian vetch in the same way as they apply to CS seed of those respective species and commercial seed of sainfoin in the same way as they apply to minimum level CS seed of that species except that—

a

the minimum analytical purity of Hungarian vetch shall be 97%, and

b

subject to paragraphs (2) and (3), the seed shall conform to the following standards as regards the maximum content of seeds of other plant species—

	Total content of seed of other plant species	A single species
	(percentage by weight)	(percentage by weight)
Annual meadowgrass	3.0	2.0
Hungarian vetch	2.0	1.5
Sainfoin	3.5	2.0

2

In the case of Hungarian vetch, a maximum total of 6% by weight of other species of vetch seed shall not be regarded as an impurity.

3

In the case of annual meadowgrass, a maximum total of 10% by weight of other species of meadowgrass shall not be regarded as an impurity.

SCHEDULE 5RE-GRADING OF SEED

Regulation 13(1)

Column (1)	Column (2)
1 a UK, EC or overseas tested officially certified pre-basic seed of a listed variety b UK, EC, third country or overseas tested officially certified basic seed of a listed variety c in the case of an HVS species of seed, HVS level UK officially certified CS seed of a listed variety d in the case of seed other than field beans, field peas, Lucerne Medicago sativa, lupins and vetches, minimum level UK officially certified CS seed of a listed variety or EC, third country or overseas tested officially certified CS seed of a listed variety e in the case of field beans, field peas, lucerne Medicago sativa, lupins and vetches UK, EC, third country or overseas tested officially certified C1 seed of a listed variety f in the case of field beans and field peas, UK, EC or overseas tested officially certified C2 seed of a listed variety g in the case of lucerne Medicago sativa, lupins and vetches, EC or overseas tested officially certified C2 seed of a listed variety	a UK officially certified basic seed of a listed variety b UK officially certified pre-basic seed of a listed variety c in the case of an HVS species of seed, HVS level UK officially certified CS seed of a listed variety d in the case of seed other than field beans, field peas, lucerne Medicago sativa, lupins and vetches, minimum level UK officially certified CS seed of a listed variety e in the case of field beans, field peas, lucerne Medicago sativa, lupins and vetches, UK officially certified C1 seed of a listed variety f in the case of field beans and field peas, UK officially certified C2 seed of a listed variety
2 a UK or EC officially certified early movement pre-basic seed of a listed variety b UK or EC officially certified early movement basic seed of a listed variety c in the case of an HVS species of seed, HVS level UK officially certified early movement CS seed of a listed variety d in the case of seed other than field beans, field peas, lucerne Medicago sativa, lupins and vetches, minimum level UK officially certified early movement CS seed of a listed variety or EC officially certified early movement CS seed of a listed variety e in the case of field beans, field peas, lucerne Medicago sativa, lupins and vetches UK or EC officially certified early movement C1 seed of a listed variety f in the case of field beans and field peas, UK or EC officially certified early movement C2 seed of a listed variety g in the case of lucerne Medicago sativa, lupins and vetches, EC officially certified early movement C2 seed of a listed variety	a UK officially certified early movement pre-basic seed of a listed variety b UK officially certified early movement basic seed of a listed variety c in the case of an HVS species of seed, HVS level UK officially certified early movement CS seed of a listed variety d in the case of seed other than field beans, field peas, lucerne Medicago sativa, lupins and vetches, minimum level UK officially certified early movement CS seed of a listed variety e in the case of field beans, field peas, lucerne Medicago sativa, lupins and vetches, UK officially certified early movement C1 seed of a listed variety f in the case of field beans and field peas, UK officially certified early movement C2 seed of a listed variety

Column (1)

Column (2)

1
a
UK, EC or overseas tested officially certified pre-basic seed of a listed variety
b
UK, EC, third country or overseas tested officially certified basic seed of a listed variety
c
in the case of an HVS species of seed, HVS level UK officially certified CS seed of a listed variety
d
in the case of seed other than field beans, field peas, Lucerne Medicago sativa, lupins and vetches, minimum level UK officially certified CS seed of a listed variety or EC, third country or overseas tested officially certified CS seed of a listed variety
e
in the case of field beans, field peas, lucerne Medicago sativa, lupins and vetches UK, EC, third country or overseas tested officially certified C1 seed of a listed variety
f
in the case of field beans and field peas, UK, EC or overseas tested officially certified C2 seed of a listed variety
g
in the case of lucerne Medicago sativa, lupins and vetches, EC or overseas tested officially certified C2 seed of a listed variety

a
UK officially certified basic seed of a listed variety
b
UK officially certified pre-basic seed of a listed variety
c
in the case of an HVS species of seed, HVS level UK officially certified CS seed of a listed variety
d
in the case of seed other than field beans, field peas, lucerne Medicago sativa, lupins and vetches, minimum level UK officially certified CS seed of a listed variety
e
in the case of field beans, field peas, lucerne Medicago sativa, lupins and vetches, UK officially certified C1 seed of a listed variety
f
in the case of field beans and field peas, UK officially certified C2 seed of a listed variety

2
a
UK or EC officially certified early movement pre-basic seed of a listed variety
b
UK or EC officially certified early movement basic seed of a listed variety
c
in the case of an HVS species of seed, HVS level UK officially certified early movement CS seed of a listed variety
d
in the case of seed other than field beans, field peas, lucerne Medicago sativa, lupins and vetches, minimum level UK officially certified early movement CS seed of a listed variety or EC officially certified early movement CS seed of a listed variety
e
in the case of field beans, field peas, lucerne Medicago sativa, lupins and vetches UK or EC officially certified early movement C1 seed of a listed variety
f
in the case of field beans and field peas, UK or EC officially certified early movement C2 seed of a listed variety
g
in the case of lucerne Medicago sativa, lupins and vetches, EC officially certified early movement C2 seed of a listed variety

a
UK officially certified early movement pre-basic seed of a listed variety
b
UK officially certified early movement basic seed of a listed variety
c
in the case of an HVS species of seed, HVS level UK officially certified early movement CS seed of a listed variety
d
in the case of seed other than field beans, field peas, lucerne Medicago sativa, lupins and vetches, minimum level UK officially certified early movement CS seed of a listed variety
e
in the case of field beans, field peas, lucerne Medicago sativa, lupins and vetches, UK officially certified early movement C1 seed of a listed variety
f
in the case of field beans and field peas, UK officially certified early movement C2 seed of a listed variety

SCHEDULE 6CATEGORIES OF SEED THAT MAY BE MARKETED

Regulation 15(1)

Breeder’s seed1

Breeder’s seed.

Pre-basic seed of a listed variety

2

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

3

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

4

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

Basic seed of a listed variety

5

UK officially certified basic seed of a listed variety.

6

EC officially certified basic seed of a listed variety.

7

Third country officially certified basic seed of a listed variety.

8

Overseas tested officially certified basic seed of a listed variety.

CS seed of a listed variety

9

UK officially certified CS seed of a listed variety.

10

EC officially certified CS seed of a listed variety.

11

Third country officially certified CS seed of a listed variety.

12

Overseas tested officially certified CS seed of a listed variety.

C1 seed of a listed variety

13

UK officially certified C1 seed of a listed variety.

14

EC officially certified C1 seed of a listed variety.

15

Third country officially certified C1 seed of a listed variety.

16

Overseas tested officially certified C1 seed of a listed variety.

C2 seed of a listed variety

17

UK officially certified C2 seed of a listed variety.

18

EC officially certified C2 seed of a listed variety.

19

Overseas tested officially certified C2 seed of a listed variety.

Commercial seed

20

UK officially certified commercial seed.

21

EC officially certified commercial seed.

Early movement pre-basic seed of a listed variety

22

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

23

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

Early movement basic seed of a listed variety

24

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

25

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

Early movement CS seed of a listed variety

26

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

27

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

Early movement C1 seed of a listed variety

28

UK officially certified early movement C1 seed of a listed variety.

29

EC officially certified early movement C1 seed of a listed variety.

Early movement C2 seed of a listed variety

30

UK officially certified early movement C2 seed of a listed variety.

31

EC officially certified early movement C2 seed of a listed variety.

Early movement commercial seed

32

UK officially certified early movement commercial seed.

33

EC officially certified early movement commercial seed.

Basic seed of a component of a listed hybrid variety

34

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

35

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

36

Third country officially certified basic seed of a component of a listed hybrid variety.

37

Overseas tested officially certified basic seed of a component of a listed hybrid variety.

Early movement basic seed of a component of a listed hybrid variety

38

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

39

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

SCHEDULE 7LOT AND SAMPLE WEIGHTS

Regulations 2(1), 23(2), (5) and (6) and paragraphs 5(2), 6, 8(1) and (2), 9 and 10(1) and (3) of Schedule 4

Column 1	Column 2	Column 3	Column 4
Species	Maximum weight of a lot	Minimum weight of a sample to be drawn from a lot	Weight of the sample for determinations by number in accordance with part II of Schedule 4
	(tonnes)	(grams)	(grams)
1 Fine grasses—
a annual meadowgrass	10	50	10
b brown top	10	50	5
c creeping bent grass	10	50	5
d festulolium	10	200	60
e red fescue	10	100	30
f red top	10	50	5
g rough-stalked meadowgrass	10	50	5
h sheep’s fescue	10	100	30
i smooth-stalked meadowgrass	10	50	5
j velvet bent	10	50	5
k wood meadowgrass	10	50	5
2 Fodder grasses—
a Alaska brome-grass	10	200	200
b cocksfoot	10	100	30
c hybrid ryegrass	10	200	60
d Italian ryegrass	10	200	60
e meadow fescue	10	100	50
f perennial ryegrass	10	200	60
g rescue grass	10	200	200
h small Timothy	10	50	10
i tall fescue	10	100	50
j tall oatgrass	10	200	80
k Timothy	10	50	10
3 Small seeded legumes—
a Alsike clover	10	200	20
b birdsfoot trefoil	10	200	30
c lucerne	10	300	50
d red clover	10	300	50
e sainfoin—
i fruit	10	600	600
ii seed	10	400	400
f trefoil, black medick	10	300	50
g white clover	10	200	20
4 Large seeded legumes—
a blue lupin	25	1,000	1,000
b common vetch	25	1,000	1,000
c field bean	25	1,000	1,000
d field pea	25	1,000	1,000
e hairy vetch	20	1,000	1,000
f Hungarian vetch	20	1,000	1,000
g white lupin	25	1,000	1,000
h yellow lupin	25	1,000	1,000
5 Crucifers—
a fodder kale	10	200	100
b fodder radish	10	300	300
c swede	10	200	100

SCHEDULE 8LABELLING

Regulation 26(5), (6)(a), (7)(a), (8)(a), (9)(a), (10)(a), (11)(a), (12)(a), (13)(a), (14)(a) and (16)(a)

PART ILabelling of unpackaged seed (loose sales)

Particulars to be marked or displayed on the sale of unpackaged seed other than a mixture of seeds1

The following particulars shall be given—

a

“complies with legal standards”;

b

the species; and

c

except in the case of commercial seed, the variety.

Particulars to be marked or displayed on the sale of an unpackaged mixture of seeds2

The following particulars shall be given—

a

“complies with legal standards”;

b

in the case of a registered mixture of seeds, the registered name of the mixture or the species and the proportion by weight of the components;

c

in the case of a mixture of seeds, other than a registered mixture of seeds, the species and the proportion by weight of the components; and

d

the words “seed mixture for” followed by words describing its intended use.

PART IILabelling of packages of breeder’s seed

3

The package shall be labelled, not later than the time of sealing, on the outside with a supplier’s label containing the following particulars—

a

the name and address of the supplier responsible for affixing the labels or his registered number or identification mark;

b

the reference number of the seed lot;

c

the species;

d

the variety;

e

the words “breeder’s seed”; and

f

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

4

The label referred to in paragraph 3 shall be coloured buff.

PART IIILabelling of packages of officially certified pre-basic seed

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

5

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

a

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

b

the reference number of the seed lot;

c

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

i

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

ii

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

d

the species, indicated at least under its botanical name, which may be given in abridged form and without the author’s name, in Roman characters;

e

the variety, indicated at least in Roman characters;

f

the description “pre-basic seed”;

g

the number of generations by which the seed precedes CS seed or C1 seed;

h

the country of production;

i

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

j

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

6

The label referred to in paragraph 5 shall be coloured white with a diagonal violet line.

7

The minimum size of the label referred to in paragraph 5 shall be 110 mm x 67 mm.

8

The label referred to in paragraph 5—

a

shall be—

i

an adhesive label, or

ii

a label secured to the package by a sealing device approved by the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

b

shall be fixed to the package by—

i

an authorised officer or any person being supervised by such a person, or

ii

a licensed seed sampler or any person being supervised by such a person.

PART IVLabelling of packages of officially certified basic, CS, C1 and C2 seed

Official label for a package of officially certified basic, CS, C1 and C2 seed

9

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

a

the words “EC rules and standards”;

b

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

c

the reference number of the seed lot;

d

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

i

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

ii

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

e

the species, indicated at least under its botanical name, which may be given in abridged form and without the author’s name, in Roman characters;

f

the variety, indicated at least in Roman characters;

g

the category;

h

the country of production;

i

the declared net or gross weight or declared number of pure seed;

j

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

k

in the case of CS, C1 and C2 seed, the number of generations after basic seed; and

l

in the case of seed of a grass variety for which an examination of its value for cultivation and use is not required in accordance with Article 4(2)(a) of the Common Catalogue Directive, the words “not intended for the production of fodder plants”.

10

Where at least germination has been retested, the words "retested" followed by the month and year of retesting and the authority responsible for such retesting may be indicated on the official label referred to in paragraph 9 or on an official sticker attached to the official label.

11

The minimum size of the label referred to in paragraph 9 shall be 110 mm x 67 mm.

12

The label referred to in paragraph 9 shall be coloured—

a

white for basic seed;

b

blue for CS and C1 seed; and

c

red for C2 seed.

13

The label referred to in paragraph 9—

a

shall be—

i

an adhesive label, or

ii

b

shall be fixed to the package by—

i

an authorised officer or any person being supervised by such a person, or

ii

a licensed seed sampler or any person being supervised by such a person.

Label for a small EC B package of officially certified basic, CS, C1 and C2 seed

14

The package shall be labelled not later than the time of sealing—

a

subject to paragraph 15, on the outside,

b

with a label, a printed notice or stamp containing the following information—

i

the words “small EC 'B' package”;

ii

the name and address of the supplier responsible for marking or his registration number or identification mark;

iii

the officially assigned serial number;

iv

the authority which assigned the serial number and the name of the member State or their commonly used initials;

v

the reference number of the seed lot from which the seed in the package has been taken if the serial number does not enable the lot to be identified;

vi

the species, indicated at least in Roman characters;

vii

the variety, indicated at least in Roman characters;

viii

the category;

ix

the net or gross weight or number of pure seeds;

x

xi

15

If the packaging material is transparent the label, notice or stamp referred to in paragraph 14 may be placed inside the package provided it can be read through the packaging.

16

The label, notice or stamp referred to in paragraph 14 shall be coloured—

a

white for basic seed;

b

blue for CS and C1 seed; and

c

red for C2 seed.

PART VLabelling of packages of officially certified commercial seed

Official label for a package of officially certified commercial seed

17

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

a

the words “EC rules and standards”;

b

the words “Commercial seed (not certified as to variety)”;

c

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

d

the reference number of the seed lot;

e

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

i

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

ii

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

f

the species, indicated at least under its botanical name, which may be given in abridged form and without the author’s name, in Roman characters;

g

the country of production or region of production within a country;

h

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

i

18

Where at least germination has been retested, the words "retested" followed by the month and year of retesting and the authority responsible for such retesting may be indicated on the official label referred to in paragraph 17 or on an official sticker attached to the official label.

19

The minimum size of the label referred to in paragraph 17 shall be 110 mm x 67 mm.

20

The label referred to in paragraph 17 shall be coloured brown.

21

The label referred to in paragraph 17—

a

shall be—

i

an adhesive label, or

ii

b

shall be fixed to the package by—

i

an authorised officer or any person being supervised by such a person, or

ii

a licensed seed sampler or any person being supervised by such a person.

Label for a small EC B package of officially certified commercial seed

22

The package shall be labelled not later than the time of sealing—

a

subject to paragraph 23, on the outside;

b

with a label, a printed notice or stamp containing the following information—

i

the words “small EC 'B' package”;

ii

the name and address of the supplier responsible for marking or his registration number or identification mark;

iii

the officially assigned serial number;

iv

the authority which assigned the serial number and the name of the member State or their commonly used initials;

v

the reference number of the seed lot from which the seed in the package has been taken if the serial number does not enable the lot to be identified;

vi

the species, indicated at least in Roman characters;

vii

the words “commercial seed”;

viii

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

ix

23

If the packaging material is transparent the label, notice or stamp referred to in paragraph 22 may be placed inside the package provided it can be read through the packaging.

24

The label, notice or stamp referred to in paragraph 22 shall be coloured brown.

PART VILabelling of packages of mixtures of seed

Official label for a package of a mixture of seeds

25

The label shall contain the following information—

a

the words “Mixture of seed for” followed by words indicating its intended use;

b

the authority responsible for sealing the package and the member State or their commonly used initials;

c

the reference number of the seed lot;

d

the word “sealed” followed by the month and year of official sealing;

e

in the case of a registered mixture of seeds—

i

the registered name of the mixture, or

ii

the percentage by weight of each of the components shown by species, and, where appropriate, by variety, both indicated at least in Roman characters;

f

in the case of a mixture other than a registered mixture of seeds, the percentage by weight of each of the components shown by species, and, where appropriate, by variety, both indicated at least in Roman characters;

g

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

h

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

26

Where at least germination of all the components of a mixture have been retested, the words "retested" followed by the month and year of retesting and the authority responsible for such retesting may be indicated on the official label referred to in paragraph 25 or on an official sticker attached to the official label.

27

The minimum size of the label referred to in paragraph 25 shall be 110 mm x 67 mm.

28

The label referred to in paragraph 25 shall be coloured green.

Label for a small EC A package of a mixture of seeds

29

The package shall be labelled not later than the time of sealing—

a

subject to paragraph 30, on the outside;

b

with a label, a printed notice or stamp containing the following information—

i

the words “small EC 'A' package”;

ii

the name and address of the supplier responsible for marking or his registration number or identification mark;

iii

the name of the member State or their commonly used initials;

iv

a reference number that enables the seed lots from which the seed in the mixture was taken to be identified;

v

the words “seed mixture for” followed by a description of its intended use;

vi

the net or gross weight or number of pure seeds;

vii

viii

in the case of a package of a registered mixture of seeds that has been produced in the United Kingdom—

aa

the registered name of the mixture and the species and, where applicable, the variety of the components in the mixture, or

bb

the percentage by weight of each of the components shown by species, and, where appropriate, by variety, both indicated at least in Roman characters; and

ix

in the case of a package of a mixture of seeds, other than a package of a registered mixture of seeds that has been produced in the United Kingdom, the percentage by weight of each of the components shown by species, and, where appropriate, by variety, both indicated at least in Roman characters.

30

If the packaging material is transparent the label, notice or stamp referred to in paragraph 29 may be placed inside the package provided it can be read through the packaging.

31

The label, notice or stamp referred to in paragraph 29 shall be coloured green.

Label for a small EC 'B' package of a mixture of seeds

32

The package shall be labelled not later than the time of sealing—

a

subject to paragraph 33, on the outside

b

with a label, a printed notice or stamp containing the following information—

i

the words “small EC 'B' package”;

ii

the name and address of the supplier responsible for marking or his registration number or identification mark;

iii

the officially assigned serial number;

iv

the authority which assigned the serial number and the name of the member State or their commonly used initials;

v

a reference number that enables the seed lots from which the seed in the mixture was taken to be identified if the serial number does not enable such lots to be identified;

vi

the words “seed mixture for” followed by a description of its intended use;

vii

the net or gross weight or number of pure seeds;

viii

ix

in the case of a package of a registered mixture of seeds that has been produced in the United Kingdom—

aa

the registered name of the mixture and the species and, where applicable, the variety of the components in the mixture, or

bb

the percentage by weight of each of the components shown by species, and, where appropriate, by variety, both indicated at least in Roman characters; and

x

33

If the packaging material is transparent the label, notice or stamp referred to in paragraph 32 may be placed inside the package provided it can be read through the packaging.

34

The label, notice or stamp referred to in paragraph 32 shall be coloured green.

PART VIIWhole bag labelling

Seed which has not been imported

35

The printing or stamping of the packages shall be under the supervision of the Secretary of State.

36

Each package shall have printed or stamped on it, or be perforated with, an individual serial number allocated by the Secretary of State, which shall appear in the same panel as the particulars of the matters specified in paragraph 9.

37

Arrangements shall be made with the person who prints the whole bag labels to provide the Secretary of State with returns of the number of packages printed or stamped pursuant to regulation 26(16) and of the individual serial numbers used on such packages.

38

The reference number of the seed lot and the month and year in which the package was officially sealed shall be printed or stamped under the supervision of an authorised officer or a licensed seed sampler at the time of sampling for official examination.

39

There shall be kept such records of seed packaged and marketed pursuant to regulation 26(16) as may be required by the Secretary of State.

40

Each package of basic seed marketed in accordance with regulation 26(16) shall be capable of having affixed to it, in a manner approved by the Secretary of State, a label containing a statement pursuant to regulation 17.

Seed imported from another Member State41

Such requirements of the member State from which the seed has been imported as correspond to the requirements specified in this Part for seed which has not been imported shall, in the opinion of the Secretary of State, have been satisfied.

SCHEDULE 9LIMITS OF VARIATION

Regulation 27(2)

GERMINATION

Stated minimum percentage of germination (expressed as an integer)	Limit of variation Per cent
99-100	2
97-98	3
94-96	4
91-93	5
87-90	6
82-86	7
76-81	8
69-75	9
65-68	10

ANALYTICAL PURITY - GRASSES

Stated minimum percentage of analytical purity (expressed to one decimal point)	Limit of variation Per cent
99.9 - 100	0.2
99.7-99.8	0.4
99.5-99.6	0.5
99.3-99.4	0.6
99.0-99.2	0.7
98.8-98.9	0.8
98.3-98.7	0.9
98.0-98.2	1.0
97.5-97.9	1.1
97.0-97.4	1.2
96.5-96.9	1.3
96.0-96.4	1.4
95.0-95.9	1.5
94.0-94.9	1.6
93.0-93.9	1.7
92.0-92.9	1.9
91.0-91.9	2.0
90.0- 90.9	2.1
88.0-89.9	2.2
86.0-87.9	2.4
84.0-85.9	2.5
82.0-83.9	2.6
80.0-81.9	2.8

ANALYTICAL PURITY – LEGUMES AND CRUCIFERS

Stated minimum percentage of analytical purity (expressed to one decimal point)	Limit of variation Per cent
99.9 - 100	0.2
99.8	0.3
99.6-99.7	0.4
99.3-99.5	0.5
99.0-99.2	0.6
98.5-98.9	0.7
98.3-98.4	0.8
97.5-98.2	0.9
97.0-97.4	1.0
96.5-96.9	1.1
95.5-96.4	1.2
95.0-95.4	1.3
94.0-94.9	1.4
93.0-93.9	1.5
92.0-92.9	1.6
91.0-91.9	1.7
90.0-90.9	1.8

CONTENTS OF SEEDS OF OTHER SPECIES IN GRASSES

Stated maximum percentage of seeds of other species (expressed to one decimal point)	Limit of variation Per cent
0.0	0.2
0.1	0.3
0.2	0.4
0.3 – 0.4	0.5
0.5 – 0.6	0.6
0.7 – 0.9	0.7
1.0 – 1.2	0.8
1.3 – 1.7	0.9
1.8 – 1.9	1.0
2.0 – 2.4	1.1
2.5 – 2.9	1.2
3.0 – 3.4	1.3
3.5 – 3.9	1.4
4.0 – 4.9	1.5
5.0	1.6

CONTENTS OF SEEDS OF OTHER SPECIES OR VARIETIES IN LEGUMES AND CRUCIFERS

Stated maximum percentage of seeds of other species (expressed to one decimal point)	Limit of variation Per cent
0.0	0.1
0.1 – 0.2	0.3
0.3 – 0.4	0.4
0.5 – 0.6	0.5
0.7 – 0.9	0.6
1.0 – 1.4	0.7
1.5 – 1.7	0.8
1.8 – 2.4	0.9
2.5 – 2.9	1.0
3.0 – 3.4	1.1
3.5 – 4.4	1.2
4.5 – 4.9	1.3
5.0 – 5.9	1.4
6.0 – 6.9	1.5
7.0 – 7.9	1.6
8.0 – 8.9	1.7
9.0 – 9.9	1.8
10.0	1.9

NUMBER OF SEEDS OF OTHER SPECIES

Stated maximum number of seeds of other species (expressed as an integer)	Limit of variation Number
0	1
1	3
2	4
3 - 4	5
5 - 6	6
7 - 8	7
9 - 11	8
12 - 14	9
15 - 17	10
18 - 21	11
22 - 25	12
26 - 29	13
30 - 34	14
35 - 40	15
41 - 45	16
46 - 51	17
52 - 57	18
58 - 64	19
65 - 71	20
72 - 79	21
80 - 87	22
88 - 95	23
96 - 100	24

SCHEDULE 10INDEX OF WORDS AND EXPRESSIONS USED IN THESE REGULATIONS

Regulation 31

The expressions listed in the left-hand column of the following table are defined in the corresponding provisions listed in the right-hand column of the table—

Expression	Provision of these Regulations in which the expression is defined
the Act	Regulation 2(1)
Alaska brome-grass	Regulation 3
Alsike clover	Regulation 3
Annex V(C) document	Regulation 2(1)
annual meadowgrass	Regulation 3
another member State	Regulation 2(1)
appropriate time	Regulation 6(4)
approved seed certification authority	Regulation 2(1)
authorised officer	Regulation 2(1)
basic seed	Paragraph 8 of Schedule 1
birdsfoot trefoil	Regulation 3
blended seed lot	Regulation 2(1)
blue lupin	Regulation 3
brown top	Regulation 3
breeder	Regulation 2(1)
breeder’s seed	Regulation 2(1)
C1 seed	Paragraph 30 of Schedule 1
C2 seed	Paragraph 38 of Schedule 1
cocksfoot	Regulation 3
commercial seed	Paragraph 45 of Schedule 1
Common Catalogue	Regulation 2(1)
Common Catalogue Directive	Regulation 2(1)
common vetch	Regulation 3
component	Regulation 2(1)
control plot	Regulation 2(1)
creeping bent grass	Regulation 3
crucifers	Regulation 3
CS seed	Paragraph 22 of Schedule 1
Department of Agriculture and Rural Development	Regulation 2(1)
Directive crop conditions	Regulation 2(1)
Directive seed conditions	Regulation 2(1)
dodder	Regulation 3
EEA State	Regulation 2(1)
EC minimum percentage of germination	Regulation 2(1)
EC officially certified basic seed of a component of a listed hybrid variety	Paragraph 16 of Schedule 1
EC officially certified basic seed of a listed variety	Paragraph 10 of Schedule 1
EC officially certified early movement basic seed of a component of a listed hybrid variety	Paragraph 20 of Schedule 1
EC officially certified early movement basic seed of a listed variety	Paragraph 14 of Schedule 1
EC officially certified early movement C1 seed of a listed variety	Paragraph 36 of Schedule 1
EC officially certified early movement C2 seed of a listed variety	Paragraph 43 of Schedule 1
EC officially certified early movement commercial seed of a seed	Paragraph 49 of Schedule 1
EC officially certified early movement CS seed of a listed variety	Paragraph 28 of Schedule 1
EC officially certified early movement pre-basic seed of a listed variety	Paragraph 6 of Schedule 1
EC officially certified C1 seed of a listed variety	Paragraph 32 of Schedule 1
EC officially certified C2 seed of a listed variety	Paragraph 40 of Schedule 1
EC officially certified commercial seed	Paragraph 47 of Schedule 1
EC officially certified CS seed of a listed variety	Paragraph 24 of Schedule 1
EC officially certified pre-basic seed of a listed variety	Paragraph 3 of Schedule 1
entered seed lot	Regulation 2(1)
equivalent third country	Regulation 2(1)
festulolium	Regulation 3
field bean	Regulation 3
field pea	Regulation 3
fine grasses	Regulation 3
fodder grasses	Regulation 3
fodder kale	Regulation 3
the Fodder Plant Seed Directive	Regulation 2(1)
fodder radish	Regulation 3
genetically modified	Regulation 2(1)
germination condition	Regulation 2(1)
grey label	Paragraph 52(3) of Schedule 1
hairy vetch	Regulation 3
Higher Voluntary Standards	Regulation 2(1)
HVS species of seed	Regulation 2(1)
homogeneous seed lot	Regulation 2(1)
Hungarian vetch	Regulation 3
hybrid ryegrass	Regulation 3
ISTA	Regulation 2(1)
Italian ryegrass	Regulation 3
large seeded legumes	Regulation 3
late entered seed lot	Regulation 2(1)
licensed crop inspector	Regulation 2(1)
licensed EC crop inspector	Regulation 2(1)
licensed EC seed testing station	Regulation 2(1)
licensed seed sampler	Regulation 2(1)
licensed seed testing station	Regulation 2(1)
licensed third country crop inspector	Regulation 2(1)
licensed third country seed testing station	Regulation 2(1)
listed variety	Regulation 2(1)
listing	Regulation 2(1)
lucerne	Regulation 3
lupins	Regulation 3
maintainer	Regulation 2(1)
marketing	Regulation 4
marketing extension	Regulation 2(1)
meadow fescue	Regulation 3
member State	Regulation 2(1)
a National List	Regulation 2(1)
non-fodder grass variety	Regulation 2(1)
not finally certified basic seed harvested in another member State	Paragraph 53 of Schedule 1
not finally certified C1 seed harvested in an equivalent third country	Paragraph 58 of Schedule 1
not finally certified CS seed harvested in an equivalent third country	Paragraph 57 of Schedule 1
not finally certified C1 seed harvested in another member State	Paragraph 55 of Schedule 1
not finally certified C2 seed harvested in another member State	Paragraph 56 of Schedule 1
not finally certified CS seed harvested in another member State	Paragraph 54 of Schedule 1
not finally certified pre-basic seed harvested in another member State	Paragraph 52 of Schedule 1
OECD	Regulation 2(1)
OECD Certificate	Regulation 2(1)
OECD Crucifer and Oil and Fibre Seed Scheme	Regulation 2(1)
OECD Decision	Regulation 2(1)
OECD Grass and Legume Seed Scheme	Regulation 2(1)
OECD List	Regulation 2(1)
official label	Regulation 2(1)
officially certified basic seed	Paragraph 21 of Schedule 1
officially certified C1 seed	Paragraph 37 of Schedule 1
officially certified C2 seed	Paragraph 44 of Schedule 1
officially certified commercial seed	Paragraph 50 of Schedule 1
officially certified CS seed	Paragraph 29 of Schedule 1
officially certified pre-basic seed	Paragraph 7 of Schedule 1
official measures	Regulation 2(1)
official sample	Regulation 2(1)
official UK field inspection	Regulation 2(1)
official UK seed test	Regulation 2(1)
overseas tested officially certified basic seed of a component of a listed hybrid variety	Paragraph 18 of Schedule 1
overseas tested officially certified basic seed of a listed variety	Paragraph 12 of Schedule 1
overseas tested officially certified C1 seed of a listed variety	Paragraph 34 of Schedule 1
overseas tested officially certified C2 seed of a listed variety	Paragraph 41 of Schedule 1
overseas tested officially certified CS seed of a listed variety	Paragraph 26 of Schedule 1
overseas tested officially certified pre-basic seed of a listed variety	Paragraph 4 of Schedule 1
Part II.A(3) official certificate	Regulation 2(1)
perennial ryegrass	Regulation 3
pre-basic seed	Paragraph 1 of Schedule 1
previously listed variety	Regulation 2(1)
properly sealed package	Regulation 24(11)
qualifying seed lot	Regulation 11(15)
qualifying seed test report	Regulation 6(4)
red clover	Regulation 3
red fescue	Regulation 3
red top	Regulation 3
registered name	Regulation 2(1)
registered person	Regulation 2(1)
regulation 19 authorisation	Regulation 2(1)
regulation 20 authorisation	Regulation 2(1)
rescue grass	Regulation 3
rough stalked meadowgrass	Regulation 3
sainfoin	Regulation 3
Schedule 4 germination test	Regulation 2(1)
seed that is subject to official post control	Regulation 8(18)
sheep’s fescue	Regulation 3
Secretary of State	Regulation 2(1)
seed industry activity	Regulation 2(1)
seed lot	Regulation 2(1)
seed that has been subject to satisfactory official post control	Regulation 2(1)
small EC A package of seed	Regulation 2(1)
small EC B package of seed	Regulation 2(1)
small seeded legumes	Regulation 3
small Timothy	Regulation 3
smooth stalked meadowgrass	Regulation 3
swede	Regulation 3
tall fescue	Regulation 3
tall oatgrass	Regulation 3
Timothy	Regulation 3
third country	Regulation 2(1)
the Third Country Equivalence Decision	Regulation 2(1)
third country officially certified basic seed of a listed variety	Paragraph 11 of Schedule 1
third country officially certified C1 seed of a listed variety	Paragraph 33 of Schedule 1
third country officially certified basic seed of a component of a listed hybrid variety	Paragraph 17 of Schedule 1
third country officially certified CS seed of a listed variety	Paragraph 25 of Schedule 1
trefoil, black medick	Regulation 3
UK field inspection carried out under official supervision	Regulation 2(1)
UK officially certified basic seed of a listed variety	Paragraph 9 of Schedule 1
UK officially certified basic seed of a component of a listed hybrid variety	Paragraph 15 of Schedule 1
UK officially certified C1 seed of a listed variety	Paragraph 31 of Schedule 1
UK officially certified C2 seed of a listed variety	Paragraph 39 of Schedule 1
UK officially certified commercial seed	Paragraph 46 of Schedule 1
UK officially certified CS seed of a listed variety	Paragraph 23 of Schedule 1
UK officially certified early movement basic seed of a component of a listed hybrid variety	Paragraph 19 of Schedule 1
UK officially certified early movement basic seed of a listed variety	Paragraph 13 of Schedule 1
UK officially certified early movement C1 seed of a listed variety	Paragraph 35 of Schedule 1
UK officially certified early movement C2 seed of a listed variety	Paragraph 42 of Schedule 1
UK officially certified early movement commercial seed	Paragraph 48 of Schedule 1
UK officially certified early movement CS seed of a listed variety	Paragraph 27 of Schedule 1
UK officially certified early movement pre-basic seed of a listed variety	Paragraph 5 of Schedule 1
UK officially certified pre-basic seed of a listed variety	Paragraph 2 of Schedule 1
UK seed test carried out under official supervision	Regulation 2(1)
unlisted variety	Regulation 2(1)
velvet bent	Regulation 3
vetches	Regulation 3
whenever carried out	Regulation 2(1)
white clover	Regulation 3
white lupin	Regulation 3
wood meadowgrass	Regulation 3
writing	Regulation 2(3)
yellow lupin	Regulation 3

(This note is not part of the Regulations)

These Regulations apply in England and come into force on 31st January 2003. They revoke and replace, with modifications, the Fodder Plant Seeds Regulation 1993 (S.I.1993/2009) insofar as they apply to England. They also revoke the Fodder Plant Seeds (Amendment) Regulations 1993 (S.I.1993/2529), the Fodder Plant Seeds (Amendment) Regulations 1996 (S.I.1996/1453) and the Fodder Plant Seeds (Amendment) Regulations 1999 (S.I.1999/1864) insofar as they apply to England and the Fodder Plant Seeds (Amendment) (England) Regulations 2000 (S.I.2000/1792), all of which amended the 1993 Regulations.

The 1993 Regulations implemented the provisions of Council Directive 66/401/EEC on the marketing of fodder plant seed (O.J. No. L125, 11.7.66, p. 2298/66, OJ/SE 1965-66 p.132)). These Regulations continue to implement the provisions of that Directive as last amended by Council Directive 2001/64/EC (O.J. No. L234, 1.9.2001, p.60.).

The Regulations apply to the certification and marketing of fodder plant seed of the species specified in Schedule 2 to these Regulations (regulation 5). They do not apply to seed harvested on or before 31st December 2002 until 1st July 2003 (regulation 33).

The Regulations include provisions that lay down the procedures relating to the certification of fodder plant seed in England (Part II), including provisions relating to the entry of seed lots (regulation 6), the entry of crops (regulation 7), the field inspection of crops (regulation 8), the lodging of field inspection reports and similar documents (regulation 9), the re-grading of crops (regulation 10), seed testing (regulation 11), the lodging of seed test reports (regulation 12), the re-grading of seed (regulation 13) and the withdrawal of official certification (regulation 14).

The Regulations include provisions that prohibit the marketing of fodder seed in England except for seed that falls into one of the categories listed in Schedule 6 (regulation 15). These categories are defined in Schedule 1. The prohibition does not apply in the case of seed of a category that is not listed in Schedule 6 where an authorisation has been granted for scientific purposes or selection work (regulation 19) or for the purpose of tests and trials (regulation 20) or is authorised by a general licence made under regulation 21.

The Regulations lay down requirements relating to the sampling (regulation 23) and packaging (regulation 24) of seed and the sealing (regulation 25) and labelling of packages (regulation 26) of seed.

The Regulations enable the Secretary of State to make arrangements for any person to act under her responsibility in carrying out official measures (regulation 28) and include provisions relating to the charging of fees (regulation 29).

The contravention of these Regulations is a criminal offence (section 16(7) of the Plant Varieties and Seeds Act 1964).

A Regulatory Impact Assessment and a Transposition Note have been prepared for these Regulations. A copy of each of these documents has been placed in the library of each House of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Department for Environment, Food and Rural Affairs, White House Lane, Huntingdon Road, Cambridge CB3 OLF.