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

Exception for tests and trials U.K.

[F1 20.— (1) The prohibition in regulation 15(1) shall not apply to the marketing by a producer of seed for test and trial purposes in accordance with—

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

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

(i) the Scottish Ministers;

(ii) the National Assembly for Wales;

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

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

in accordance with Article 2(1) of the 2004 Commission Decision.

(2) No producer shall market test and trial seed—

(a) except for the purposes of tests or trials carried out at agricultural enterprises to gather information on the cultivation or use of a variety of a fodder plant species specified in Schedule 2.

(b) unless a field inspection report has been issued by the Secretary of State or by a licensed crop inspector stating that—

(i) for the following plant species, the seed satisfies the conditions for C2 seed laid down in Schedule 3—

(aa) field bean; and

(bb) field pea;

(ii) for plant species other than field bean and field pea, the seed satisfies the conditions for CS seed laid down in Schedule 3;

(c) unless a seed test report has been issued by the Secretary of State or by a licensed seed testing station stating that—

(i) for the following plant species, the seed meets the conditions for C2 seed laid down in Schedule 4—

(aa) field bean; and

(bb) field pea;

(ii) for plant species other than field bean and field pea, the seed satisfies the conditions for CS seed laid down in Schedule 4; or

(d) if such marketing would contravene a prohibition on the use of the variety published by the Secretary of State in the gazette that complies with Article 14 of the 2004 Commission Decision.

(3) A producer of seed established in England may apply to the Secretary of State for the grant or renewal of a regulation 20 authorisation.

(4) A regulation 20 authorisation granted by the Secretary of State shall last for a period of one year or such shorter period as the Secretary of State may specify.

(5) An application for authorisation or renewal of a regulation 20 authorisation shall be made in writing to the Secretary of State and shall be accompanied by such information as the Secretary of State may require.

(6) The Secretary of State shall not grant a regulation 20 authorisation unless he is satisfied that—

(a) the seed is of a variety for which an application has been made by the producer under regulation 4(1)(a) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a National List and which application has not been withdrawn or finally determined; and

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

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

(ii) the Food and Feed Regulation.

(7) The Secretary of State shall not authorise marketing of an amount of seed in excess of that permitted by Article 7 of the 2004 Commission Decision.

(8) A regulation 20 authorisation 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.

(9) The Secretary of State may withdraw a regulation 20 authorisation where there is a breach of any condition referred to in paragraph (8).

(10) A regulation 20 authorisation shall cease to have effect where the application referred to in paragraph (6)(a) is withdrawn or rejected or the variety is entered in a National List or the Common Catalogue.

(11) The Secretary of State may require a person to whom he has granted a regulation 20 authorisation to provide him with information about—

(a) the results of the tests and trials to which the authorisation relates; or

(b) the quantities of seed marketed during the authorised period and the name of the member State for which the seed was destined.

(12) A producer to whom a regulation 20 authorisation has been granted shall, within such period as is specified by the Secretary of State, lodge copies of the reports referred to in paragraphs (2)(b) and (c) with him.]

Textual Amendments

F1 Reg. 20 substituted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 4(3)