The Oil and Fibre Plant Seed (England) Regulations 2002

In these Regulations—

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

• F93“Annex II.A(3) official certificate” means an official certificate of the type specified in paragraph 3 of Part A of Annex II to the Third Country Equivalence Decision;

• “Annex V(C) document” means an official document of the type specified in the second indented sub-paragraph of the first paragraph of Article 19(2) of the Oil and Fibre 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;

• F94“approved seed certification authority” means an authority specified in column 2 of the table set out in Annex I to the Third Country Equivalence Decision;

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

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

  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;

• F95“breeder’s seed” means seed which has been produced by or under the responsibility of the breeder and that 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;

• F96“the Common Catalogue Directive” means Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species, as last amended by the Food and Feed Regulation;

• “component” means—

  1. a

     in the case of pre-basic seed, a component used in the production of a hybrid variety; and

  2. b

     in the case of basic seed, 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 a regulation 6 application in accordance with regulation 6(2) or another official sample of the seed);

• F97“the Deliberate Release Directive” means Council Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms, as last amended by Council Regulation (EC) No 1830/2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms;

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

• “Directive crop conditions” means the conditions laid down in Annex I to the Oil and Fibre Plant Seed Directive;

• “Directive seed conditions” means the conditions laid down in Annex II to the Oil and Fibre Plant Seed Directive;

• “the EC minimum percentage of germination” means the appropriate percentage of germination specified in column 2 of the table in paragraph 8 of Schedule 4;

• F98“EEA State” means –

  1. a

     a State which is a member of the Communities; and

  2. b

     Iceland, Liechtenstein and Norway;

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

• F99“equivalent third country” means Argentina, Australia, Bulgaria, Canada, Chile, Croatia, Israel, Morocco, New Zealand, Romania, Serbia and Montenegro, South Africa, Turkey, the United States of America, and Uruguay;

• F100“the Food and Feed Regulation” means Council Regulation (EC) No 1829/2003 on genetically modified food and feed;

• F101“genetically modified” has the same meaning as for the purposes of the Deliberate Release Directive;

• “germination condition” means the condition laid down in paragraph 8 of Schedule 4;

• “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 20026 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 F160Article 2(5)A(a)(iii) of the Oil and Fibre Plant Seed Directive, to carry out field inspections of crops in that member State;

• F161“licensed EC seed testing station” means a seed testing laboratory authorised by the competent seed certification authority in another member State, pursuant to Article 2(5)B(a) of the Oil and Fibre Plant Seed Directive, 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;

• F162“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—

  1. a

     in the case of seed other than soya bean seed, Rule 6(4)(2)(3) of, and Appendix 8B to, the OECD Crucifer and Oil and Fibre Seed Scheme, and

  2. b

     in the case of soya bean seed, Rule 6(4)(2)(3) of, and Appendix 8B to, the OECDto carry out seed testing in that country;

• “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 seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and

  2. b

     in the case of soya bean seed, the OECD Grass and Legume 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;

• F102“member State” means, in addition to a State which is a member of the Communities, any other EEA State and Switzerland;

• “a National List” means a list of varieties of oil and fibre plant species for the time being published in accordance with the Seeds (National Lists of Varieties) Regulations 20019;

• “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 seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and

  2. b

     in the case of soya bean seed, the OECD Grass and Legume 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;

• F163“OECD Decision” means the Decision of the OECD Council revising the OECD Schemes for Varietal Certification or the Control of Seed Moving in International Trade as last amended by OECD Council Decision C(2005)38;

• “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, 18 and 19, 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;

• F164“the Oil and Fibre Plant Seed Directive” means Council Directive 2002/57/EC on the marketing of oil and fibre plant seed as last amended by Council Directive 2004/117/EC;

• F103...

• “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 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 18 authorisation” means an authorisation granted in accordance with regulation 18;

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

• “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 8 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 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 11 and 13 of Schedule 3, and

     2. ii

        paragraphs 1 to 3, 10, 11 and 12 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 package” means a package of officially certified seed of any category not exceeding 15 kilograms in weight;

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

• F104“the Third Country Equivalence Decision” means Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries, as last amended by Council Regulation (EC) No 885/2004;

• “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; and

• “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.

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

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

Schedule 1, which contains definitions of pre-basic seed and similar expressions, basic seed and similar expressions, CS, C1, C2 and C3 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.

Subject to paragraph (2), these Regulations apply to oil and fibre plant seed of the species specified in Schedule 2 that are intended for agricultural production but not for ornamental purposes.

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

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 pre-basic, basic, CS, C1, C2 or C3 seed is to be harvested may be made to the Secretary of State by a registered person.

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).

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 pre-basic, basic, CS, C1, C2 or C3 seed is to be harvested shall notify the Secretary of State that he has sown the seed.

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

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.

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.

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

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

An application under this regulation shall be made in such form and manner and at such time as the Secretary of State may require and shall be accompanied by such information, material, records, illustrations and other documents as she may require.

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 used to produce the crop, and seed from the same seed lot, shall be treated as being seed that has been subject to official post-control for the production of that category of seed.

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

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.

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

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.

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

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

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.

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

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

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.

Where the Secretary of State has previously provided the applicant with a seed test report list, the list periodically 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.

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

An application to re-grade seed of any category specified in entry 1, 2, 3 or 4 in column 1 of the table in Schedule 5 as seed of any category (“the new category”) specified in entry 1, 2, 3 or 4 respectively in column 2 of the table may be made to the Secretary of State by a registered person.

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

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

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.

Subject to paragraph (2) and regulations 18 to 22, no person shall market any seed to which these Regulations apply except for seed listed in Schedule 6.

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

A producer in England may apply to the Secretary of State for a regulation 18 authorisation.

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

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

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

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.

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.

Subject to paragraph (3), the person responsible for the maintenance of the pollinator-dependent hybrid and pollinator within a varietal association may notify the Secretary of State of the proportions of the pollinator-dependent hybrid and pollinator within the varietal association.

In a case where different persons are responsible for the maintenance of the pollinator-dependent hybrid and pollinator within a varietal association, those persons may notify the Secretary of State of the proportions of the pollinator-dependent hybrid and pollinator agreed by them within the varietal association.

A notification given under paragraph (2) or (3) shall be made in such form and manner as the Secretary of State may require and be accompanied by such information and other documents as the Secretary of State may require.

The Secretary of State shall acknowledge the receipt of each notification that she receives under paragraph (2) or (3).

In this regulation—

• “pollinator-dependent hybrid” means a male-sterile component within a varietal association;

• “pollinator” means a component shedding pollen within a varietal association; and

• “varietal association” means an association of officially certified CS seed of a specified pollinator-dependent hybrid variety accepted on to a National List or the Common Catalogue with officially certified CS seed of one or more specified pollinator varieties accepted on to a National List or the Common Catalogue.

Subject to paragraph (3), the maximum weight of a seed lot shall be that set out in column (2) of the table in Schedule 7.

A seed lot may exceed the maximum weight for a seed lot set out in column (2) of the table in Schedule 7 by not more than 5%.

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

No person shall market any officially certified pre-basic, basic CS, C1, C2, C3 or commercial seed unless it is marketed in a sufficiently homogeneous seed lot or in part of such a seed lot.

Paragraph (1) shall not apply to the marketing of a varietal association of seeds to which regulation 22 applies.

Paragraph (3) shall not apply in the case of the marketing of seed not exceeding 5 kilograms in weight to the final consumer.

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

This paragraph applies to a package of officially certified pre-basic, basic CS, C1, C2, C3 or commercial seed other than a small package of such seed sealed in the United Kingdom.

In this regulation, in the case of a small package of officially certified pre-basic, basic, CS, C1, C2, C3 or commercial seed that has been sealed in the United Kingdom, “properly sealed package” means a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.

Paragraph (1) shall not apply in the case of a small package of officially certified pre-basic, basic, CS, C1, C2, C3 or commercial seed.

Subject to paragraphs (2) and (3), no person shall market any breeder’s seed, officially certified pre-basic, basic, CS, C1, C2, C3 or commercial seed, or a varietal association of seeds to which regulation 22 applies, except in a package that is labelled in accordance with the following paragraphs of this regulation.

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

A package of breeder’s seed shall be labelled in accordance with paragraphs 2 and 3 of Schedule 8.

A small package of basic, CS, C1, C2 or C3 seed sealed in England shall be labelled in accordance with paragraphs 13 to 15 of Schedule 8.

A small package of officially certified commercial seed sealed in England shall be labelled in accordance with paragraphs 21 to 23 of Schedule 8.

Subject to paragraph (16), if a package of official certified pre-basic, basic, CS, C1, C2, C3 or commercial seed, other than a small package of basic, CS, C1, C2, C3 or commercial seed, has been resealed this fact shall be stated on the official label together with the date of resealing and the name of the authority responsible for the resealing.

Where a package of seed of the type specified in F117paragraph 16, 17(3), 22, 23(3), 30, 31(3), 31(4), 38, 39(3), 39(4), 45A, 46(3) 46(4), 52A, 53(3) or 53(4) of Schedule 1 is resealed, the package shall be labelled with an OECD label containing the particulars otherwise required under this regulation.

The particulars and the information given in accordance with this regulation shall be given in one of the official languages of the European Community.

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

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 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 21, of each of its constituents to which these Regulations apply.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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

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.

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).

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

Section 17 of the Interpretation Act 1978 shall not apply in relation to general licences made under the Oil and Fibre Plant Seeds Regulations 1993.