PART IIIControl of oil and fibre plant seed
Marketing of seed15
1
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.
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 officially certified lower germination seed16
No person shall market officially certified pre-basic or basic seed that has been found by the competent seed certification authority that certified the seed not to satisfy the germination condition for such seed, or (regardless of the findings of the competent seed certification authority) the person marketing the seed knows does not satisfy that condition, unless—
a
the official label contains a statement that the minimum percentage of germination of the seed is less than the EC minimum percentage of germination for the relevant category of seed;
b
the person marketing the seed guarantees a specific minimum percentage of germination for the seed; and
c
another label is attached to the outside of the package containing the seed specifying the specific minimum percentage of germination guaranteed by the person marketing the seed, his name and address and the reference number of the seed lot.
Marketing of officially certified early movement seed17
1
No person shall market officially certified early movement pre-basic or basic seed unless—
a
he guarantees a minimum percentage of germination for the seed that is—
i
the same as the EC minimum percentage of germination for the relevant species of seed and the same as or less than the percentage of germination for the seed ascertained by the provisional analysis on which the certification of the seed was based, or
ii
less than the EC minimum percentage of germination for the relevant species of seed and the same as the percentage of germination ascertained by the provisional analysis on which the certification of the seed was based; and
b
he provides the purchaser, upon or before delivery of the seed, with a statement—
i
stating that the seeds are being marketed before the completion of the official germination test;
ii
specifying the guaranteed minimum percentage of germination; and
iii
specifying the name and address of the person marketing the seed and the reference number of the seed lot.
2
No person shall market officially certified early movement CS, C1, C2, C3 or commercial seed unless—
a
he guarantees a minimum percentage of germination for the seed that is—
i
the same as the EC minimum percentage of germination for the relevant species of seed, and
ii
the same as, or less than, the percentage of germination for the seed ascertained by the provisional analysis on which the certification of the seed was based, and
b
he provides the purchaser, upon or before delivery of the seed, with a statement—
i
stating that the seeds are being marketed before the completion of the official germination test;
ii
specifying the guaranteed minimum percentage of germination; and
iii
specifying the name and address of the person marketing the seed and the reference number of the seed lot.
3
Where any person—
a
markets seed in accordance with paragraph (1) or (2), and
b
the official germination test shows that the percentage of germination of the seed is less than the minimum percentage of germination guaranteed in accordance with the requirements of paragraph (1)(a) or (2)(a) as the case may be,
he shall provide the purchaser with the result of the completed official germination test as soon as practicable and, in any event, not later than seven days after being informed of it.
Exception for scientific purposes and selection work18
1
The prohibition in regulation 15(1) shall not apply to the marketing by a producer of small quantities of seed for scientific purposes or selection work for which—
a
an authorisation has been granted to the producer by the Secretary of State in accordance with this regulation, or
b
an authorisation has been granted to the producer by or on behalf of—
i
the Scottish Ministers;
ii
the National Assembly for Wales;
iii
the Department of Agriculture and Rural Development; or
iv
a competent seed certification authority in another member State,
pursuant to Article 6(1)(a) of the Oil and Fibre Plant Seed Directive.
2
A producer in England may apply to the Secretary of State for a regulation 18 authorisation.
3
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.
4
The Secretary of State shall not grant a regulation 18 authorisation in respect of seed of a genetically modified variety unless an authorisation is in force in respect of the variety concerned under Part C of Council Directive 2001/18/EC16 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC.
5
A regulation 18 authorisation may—
a
specify the amount of seed that may be marketed under it, and
b
impose such conditions as the Secretary of State may think necessary or desirable having regard to the nature of the scientific purpose or selection work involved and the nature of the seed to which the authorisation relates, including a condition relating to the keeping of records in respect of the marketing of the seed.
Exception for test and trials19
1
The prohibition in regulation 15(1) shall not apply to the marketing by a producer of seed for test and trial purposes for which—
a
an authorisation has been granted to the producer by the Secretary of State in accordance with this regulation, or
b
an authorisation has been granted to the producer by or on behalf of—
i
the Scottish Ministers;
ii
the National Assembly for Wales;
iii
the Department of Agriculture and Rural Development; or
iv
a competent seed certification authority in another member State,
pursuant to Article 6(1)(b) of the Oil and Fibre Plant Seed Directive.
2
A producer in England may apply to the Secretary of State for a regulation 19 authorisation.
3
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.
4
The Secretary of State shall not grant a regulation 19 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 19 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 exemptions20
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 16 of the Oil and Fibre Plant Seed Directive;
b
to give effect to the provisions of a Council Decision made under Article 20 of the Oil and Fibre 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 21 of the Oil and Fibre 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.
Mixtures21
The prohibition in regulation 15(1) shall not apply to the marketing of a mixture of seeds permitted by the Fodder Plant Seed (England) Regulations 200218 that includes seed of a species to which these Regulations apply and that complied, before mixing with the fodder plant seed, with the provisions of these Regulations.
Varietal associations of seed22
1
The prohibition in regulation 15(1) shall not apply to the marketing of a varietal association of seeds—
a
to which these Regulations apply, and
b
the female and male components of which—
i
have been dressed using a different coloured dressing, and
ii
have been mechanically combined in the proportions notified to 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 by the person responsible for the maintenance of the pollinator-dependent hybrid (the female component) and pollinator (the male component) within the varietal association.
2
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.
3
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.
4
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.
5
The Secretary of State shall acknowledge the receipt of each notification that she receives under paragraph (2) or (3).
6
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.
Sampling23
1
A sample of seeds taken in connection with a regulation 6, 11 or 13 application 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 200219; and
c
from a homogeneous seed lot.
2
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.
3
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%.
4
The minimum weight of a sample shall be that set out in column (3) of the table in Schedule 7.
5
If a sample of seeds submitted or taken in connection with a regulation 6, 11 or 13 application—
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
c
does not comply with paragraph (4);
no further use of that sample shall be made under these Regulations, and any findings or results already obtained from testing seed taken from that sample, or from inspecting plants grown in a control plot that has been sown with seed from that sample, shall be disregarded.
Packaging24
1
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.
2
Paragraph (1) shall not apply to the marketing of a varietal association of seeds to which regulation 22 applies.
3
Subject to paragraph (4), no person shall market—
a
any breeder’s seed;
b
any officially certified pre-basic, basic CS, C1, C2, C3 or commercial seed; or
c
a varietal association of seeds to which regulation 22 applies,
unless it is in a properly sealed package.
4
Paragraph (3) shall not apply in the case of the marketing of seed not exceeding 5 kilograms in weight to the final consumer.
5
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.
6
In this regulation, in the case of a package of seed to which paragraph (7) applies and that has been sealed only once, “properly sealed package” means—
a
in the case of a package of seed sealed in England, a sealed package of seed that has been sealed—
i
no later than at the time of official sampling;
ii
by a person to whom regulation 25(5) applies;
iii
using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal; and
iv
in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package;
b
in the case of a package of seed sealed in—
i
the United Kingdom, elsewhere than in England, or
ii
another member State,
a sealed package of seed that has been sealed in accordance with the provisions of Article 11(1) of the Oil and Fibre Plant Seed Directive;
c
in the case of a package of seed sealed in an equivalent third country, a sealed package of seed that has been sealed in accordance with the provisions of paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision.
7
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.
8
In this regulation, in the case of a package of a varietal association of seeds to which regulation 22 applies that has been sealed only once, “properly sealed package” means—
a
in the case of a package of seed sealed in England, a sealed package of seed that has been sealed—
i
by a person to whom regulation 25(5) applies;
ii
using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal; and
iii
in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package, and
b
in the case of a package of seed sealed in—
i
in the United Kingdom, elsewhere than in England, or
ii
in another member State,
a sealed package of seed that has been sealed in accordance with the provisions of Article 11(1) of the Oil and Fibre Plant Seed Directive.
9
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.
10
In this regulation, in the case of a package (other than a small package sealed in the United Kingdom) of officially certified pre-basic, basic CS, C1, C2, C3 or commercial seed, and a package of a varietal association of seeds to which regulation 22 applies, that has been sealed more than once, “properly sealed package” means—
a
in the case of a package of seed that has been resealed in England, a sealed package of seed that, on each occasion it has been resealed, has been resealed—
i
by a person to whom regulation 25(5) applies, and
ii
in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package;
b
in the case of a package of seed that has been resealed in—
i
the United Kingdom, elsewhere than in England, or
ii
another member State,
a sealed package of seed that, on each occasion it has been resealed, has been resealed in accordance with the provisions of Article 11(2) of the Oil and Fibre 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.
Sealing of packages25
1
Subject to paragraph (2), no person shall seal a package of—
a
officially certified pre-basic, basic, CS, C1, C2, C3 or commercial seed, or
b
a varietal association of seeds to which regulation 22 applies,
except a person to whom paragraph (5) applies.
2
Paragraph (1) shall not apply in the case of a small package of officially certified pre-basic, basic, CS, C1, C2, C3 or commercial seed.
3
Subject to paragraph (4), no person shall reseal a package of—
a
officially certified pre-basic, basic, CS, C1, C2, C3 or commercial seed, or
b
a varietal association of seeds to which regulation 22 applies,
except a person to whom paragraph (5) applies.
4
Paragraph (3) shall not apply—
a
in the case of a small package of officially certified pre-basic, basic, CS, C1, C2, C3 or commercial seed, or
b
where a package has been resealed which had previously been opened by the final consumer of the seed for the purpose of using some of the seed in the package.
5
This paragraph applies to—
a
an authorised officer and any person being supervised by such a person, and
b
a licensed seed sampler and any person being supervised by such a person.
Labelling of packages26
1
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.
2
Paragraph (1) shall not apply to the marketing of seed, as grown, for processing provided the identity of the seed is ensured.
3
A person may market any seeds otherwise than in a package that does not comply with the other provisions of this regulation where—
a
the seeds are sold in a quantity not exceeding 5 kilograms, and
b
the seeds are 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.
4
A package of breeder’s seed shall be labelled in accordance with paragraphs 2 and 3 of Schedule 8.
5
A package of officially certified pre-basic seed shall be labelled—
a
in the case of a package of seed sealed in England, in accordance with paragraphs 4 to 7 of Schedule 8, and
b
in the case of a package of seed sealed—
i
in the United Kingdom, elsewhere than in England, or
ii
in another member State,
in accordance with the provisions of Article 18(c) of the Oil and Fibre Plant Seed Directive.
6
A package of officially certified basic, CS, C1, C2 or C3 seed, other than a small package of such seed sealed in the United Kingdom, shall be labelled—
a
in the case of a package of seed sealed in England, in accordance with paragraphs 8 to 12 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 12(1)(a) of the Oil and Fibre Plant Seed Directive; and
c
in the case of a package of seed sealed in an equivalent third country, in accordance with the provisions of paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision.
7
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.
8
A package of officially certified commercial seed, other than a small package of such seed sealed in the United Kingdom, shall be labelled—
a
in the case of a package of seed sealed in England, in accordance with paragraphs 16 to 20 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 12(1)(a) of the Oil and Fibre Plant Seed Directive; and
c
in the case of a package of seed sealed in an equivalent third country, in accordance with the provisions of paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision.
9
A small package of officially certified commercial seed sealed in England shall be labelled in accordance with paragraphs 21 to 23 of Schedule 8.
10
A package of officially certified basic, CS, C1, C2, C3 or commercial seed (other than a small package of such seed sealed in the United Kingdom) 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, and
ii
contains the particulars specified in paragraph 8(c), (e) and (f) of Schedule 8 in the case of a package of officially certified basic, CS, C1, C2 or C3 seed and the particulars specified in paragraph 16(b), (d) and (f) of Schedule 8 in the case of a package of officially certified commercial seed;
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 12(1)(b) of the Oil and Fibre Plant Seed Directive; 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.
11
The provisions of paragraph (10) shall not apply if—
a
in the case of a package of officially certified basic, CS, C1, C2 or C3 seed, the following particulars are printed indelibly on the outside of the package—
i
the reference number of the seed lot from which the seed has been taken;
ii
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; and
iii
the variety, indicated at least in Roman characters;
b
in the case of a package of officially certified commercial seed, the following particulars are printed indelibly on the outside of the package—
i
the words “Commercial seed (not certified as to variety)”;
ii
the reference number of the seed lot from which the seed has been taken; and
iii
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; or
c
the official label is an adhesive or a tear resistant label.
12
A package of a varietal association shall be labelled—
a
in the case of a package of seed sealed in England, in accordance with paragraphs 24 to 28 of Schedule 8, and
b
in the case of a package of seed sealed—
i
in the United Kingdom, elsewhere than in England, or
ii
in another member State,
in accordance with the provisions of paragraph 6(d) of the Annex to Commission Decision 95/232/EC20 as extended by Council Directive 2002/68/EC21.
13
In the case of seed of a variety that has been genetically modified—
a
any label or document, official or otherwise, which is fixed to or accompanies a seed lot or any part of a seed lot under the provisions of these Regulations, and
b
any particulars given under paragraph (3),
shall clearly indicate that the variety has been genetically modified.
14
If any breeder’s seed or officially certified pre-basic, basic, CS, C1, C2, C3 or commercial seed or a varietal association of seed has been subjected to any chemical treatment then this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either—
a
in a case where paragraph (3) applies, with the particulars given in accordance with that paragraph; and
b
in a case where paragraph (3) does not apply—
i
on a separate supplier’s label on the package; or
ii
on the label required under paragraph (4), (5), (6), (7), (8), (9) or (12);
and also, except where the information prescribed by this paragraph is given on an adhesive or tear-resistant label, either on the outside of the package or on a document enclosed inside the package.
15
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.
16
Where a package of seed of the type specified in paragraph 16, 17(3), 22, 23(3), 30, 31(4), 38 or 39(4) of Schedule 1 is resealed, the package shall be labelled with an OECD label containing the particulars otherwise required under this regulation.
17
The particulars and the information given in accordance with this regulation shall be given in one of the official languages of the European Community.
18
Notwithstanding the provisions of paragraphs (6), (8) and (12) a package (other than a small package) of basic, CS, C1, C2 or C3 seed may be marketed if—
a
the appropriate particulars of the matters specified in paragraphs 8(a) to (n) of Schedule 8 and, if so desired, the particulars specified in paragraph 9 of that Schedule are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified, and
b
the requirements of Part VII of that Schedule are satisfied.
19
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.