- Latest available (Revised)
- Point in Time (30/06/2009)
- Original (As made)
Version Superseded: 27/07/2007
Point in time view as at 30/06/2009.
There are currently no known outstanding effects for the The Oil and Fibre Plant Seed (England) Regulations 2002 (revoked).
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Regulation 2(5) and 26(16) and Schedule 10
1.—(1) In these Regulations, other than in relation to a component used in the production of a hybrid variety F1... “pre-basic seed” means seed of a generation prior to basic seed—
(a)that has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety, and
(b)that 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 black mustard, brown mustard, [F2dioecious hemp,] sunflower, swede rape, turnip rape or white mustard, CS seed;
(ii)in the case of flax, linseed [F2, monoecious hemp] or soya bean, C1 seed;
(iii)in the case of flax, linseed [F2, monoecious hemp] or soya bean, C2 seed; or
(iv)in the case of flax [F3or linseed] , C3 seed.
(2) In these Regulations, in relation to a component of a hybrid variety F4..., “pre-basic seed” means seed of a generation prior to basic seed that is intended to be used for the production of—
(a)more pre-basic seed of the component;
(b)basic seed; or
(c)with the breeder’s written authority, CS seed of a hybrid variety.
Textual Amendments
F1Words in Sch. 1 para. 1(1) revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(12)(a)(i)(aa)
F2Words in Sch. 1 para. 1(1)(b)(i)-(iii) inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(12)(a)(i)(bb)(cc)(dd)
F3Words in Sch. 1 para. 1(1)(b)(iv) inserted (26.10.2005) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2674), regs. 1, 2(9)(a)
F4Words in Sch. 1 para. 1(2) revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(12)(a)(ii)
2.—(1) In these Regulations “UK officially certified pre-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 pre-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 pre-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)pre-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 IV of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and
(iii)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 basic seed or that it has been found by such a test to satisfy all of those conditions except for the germination condition;
(b)pre-basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;
(c)pre-basic seed of a listed variety that—
(i)has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State, and
(ii)complies with the requirements of paragraph (a)(ii) and (iii);
(d)pre-basic seed of a previously listed variety—
(i)that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and
(iii)for which a marketing extension is in force; and
(e)pre-basic seed that—
(i)has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State;
(ii)complies with the requirements of paragraph (a)(ii) and (iii); and
(iii)is of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
(4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as pre-basic seed.
3. In these Regulations “EC officially certified pre-basic seed of a listed variety” means—
(a)pre-basic seed of a listed variety officially certified as pre-basic seed by or on behalf of the competent seed certification authority in another member State, and
(b)pre-basic seed of a previously listed variety officially certified as pre-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.
3A.—(1) In these Regulations “third country officially certified pre-basic seed of a listed variety” means seed to which sub-paragraph (2) or (4) applies.
(2) This sub-paragraph applies to pre-basic seed of a listed variety—
(a)that was harvested from a crop that was produced—
(i)in an equivalent third country; and
(ii)from a preceding generation of seed that was produced in accordance with the provisions applicable to basic seed specified in paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision;
(b)that has been officially certified as pre-basic seed by the approved seed certification authority in that country in accordance with—
(i)in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme;
(ii)in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and
(iii)in both cases, the conditions specified in paragraphs 1 and 2 of Part B of Annex II 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 soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme; and
(ii)in the case of soya bean seed, the OECD Grass and Legume Seed Scheme,
and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and
(d)that has been imported into the United Kingdom accompanied by the appropriate documentation.
(3) For the purposes of sub-paragraph (2)(d), the appropriate documentation is—
(a)in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions; and
(b)in all other cases—
(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 pre-basic seed; and
(ii)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 pre-basic seed other than those relating to varietal identity and varietal purity.
(4) This sub-paragraph applies to pre-basic 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 sub-paragraph (2)(a) to (d).]
Textual Amendments
F5Sch. 1 para. 3A inserted (27.7.2007) by The Seed (Miscellaneous Amendments) (England) Regulations 2007 (S.I. 2007/1872), regs. 1, 5(7)(a)
4. In these Regulations “overseas tested officially certified pre-basic seed of a listed variety” means pre-basic seed—
(a)that was 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 has been found to satisfy the relevant Directive crop conditions for basic 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 basic seed;
(c)that has been imported into the United Kingdom as pre-basic 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).
5.—(1) In these Regulations “UK officially certified early movement pre-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 early movement pre-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 early movement pre-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)pre-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, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and IV of Schedule 4 for basic seed;
(iii)for which the results of a Schedule 4 germination test are awaited but for which a provisional analytical report has been obtained indicating what the percentage of germination of the seed is likely to be; and
(iv)for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, 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 basic seed;
(b)pre-basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;
(c)pre-basic seed of a listed variety that—
(i)that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State, and
(ii)complies with the requirements of paragraph (a)(ii) to (iv); and
(d)pre-basic seed of a previously listed variety—
(i)that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and
(iii)for which a marketing extension is in force,
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
(4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as early movement pre-basic seed.
6. In these Regulations “EC officially certified early movement pre-basic seed of a listed variety” means—
(a)pre-basic seed of a listed variety officially certified as early movement pre-basic seed by or on behalf of the competent seed certification authority in another member State, and
(b)pre-basic seed of a previously listed variety officially certified as early movement pre-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.
7.—(1) In these Regulations “UK officially certified pre-basic seed of a component used in the production of a listed hybrid variety” means seed to which paragraph (2), (3) or (4) applies.
(2) This paragraph applies to—
(a)seed of a component used in the production of a listed hybrid variety officially certified as pre-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 used in the production of a previously listed hybrid variety officially certified as pre-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)pre-basic seed of a component used in the production 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 IV of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and
(iii)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 basic seed or that it has been found by such a test to satisfy all of those conditions except for the germination condition;
(b)pre-basic seed of a component used in of a previously listed hybrid variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force in respect of seed of the hybrid variety;
(c)pre-basic seed of a component used in the production of a listed hybrid variety—
(i)that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State, and
(ii)that complies with the requirements of sub-paragraph (a)(ii) and (iii);
(d)pre-basic seed of a component used in the production of a previously listed hybrid variety—
(i)that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and
(iii)for which a marketing extension is in force in respect of seed of the hybrid variety;
(e)pre-basic seed—
(i)that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and
(iii)that is a component used in the production of a hybrid variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,
other than seed to which paragraph (2) applies and seed of a component used in the production of a hybrid variety for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
(4) Seed of a component used in the production of a listed hybrid variety, or seed of a component used in the production of a previously listed hybrid variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as pre-basic seed.
8. In these Regulations “EC officially certified pre-basic seed of a component used in the production of a listed hybrid variety” means—
(a)pre-basic seed of a component used in the production of a listed hybrid variety officially certified as pre-basic seed by or on behalf of the competent seed certification authority in another member State, and
(b)pre-basic seed of a component used in the production of a previously listed hybrid variety officially certified as pre-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 in respect of seed of the hybrid variety.
8A.—(1) In these Regulations “third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety” means seed to which sub-paragraph (2) or (4) applies.
(2) This sub-paragraph applies to pre-basic seed of a component used in the production of a listed hybrid variety—
(a)that was harvested from a crop that was produced—
(i)in an equivalent third country; and
(ii)from a preceding generation of seed that was produced in accordance with the provisions applicable to basic seed specified in paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision;
(b)that has been officially certified as pre-basic seed by the approved seed certification authority in that country in accordance with—
(i)in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme; and
(ii)in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and
(iii)in both cases, the conditions specified in paragraphs 1 and 2 of Part B of Annex II 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 soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and
(ii)in the case of soya bean seed, the OECD Grass and Legume Seed Scheme,
and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and
(d)that has been imported into the United Kingdom accompanied by the appropriate documentation.
(3) For the purposes of sub-paragraph (2)(d), the appropriate documentation is—
(a)in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions; and
(b)in all other cases—
(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 pre-basic seed; and
(ii)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 pre-basic seed other than those relating to varietal identity and varietal purity.
(4) This sub-paragraph applies to pre-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 sub-paragraph (2)(a) to (d).]
Textual Amendments
F6Sch. 1 para. 8A inserted (27.7.2007) by The Seed (Miscellaneous Amendments) (England) Regulations 2007 (S.I. 2007/1872), regs. 1, 5(7)(b)
9. In these Regulations “overseas tested officially certified pre-basic seed of a component used in the production of a listed hybrid variety” means pre-basic seed of a component used in the production of a listed hybrid variety—
(a)that was 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 has been found to satisfy the relevant Directive crop conditions for basic 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 basic seed;
(c)that has been imported into the United Kingdom as a component used in the production 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).
10.—(1) In these Regulations “UK officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety” means seed of which paragraph (2), (3) or (4) applies.
(2) This paragraph applies to—
(a)seed of a component used in the production of a listed hybrid variety officially certified as early movement pre-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 used in the production of a previously listed hybrid variety officially certified as early movement pre-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)pre-basic seed of a component used in the production 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 IV of Schedule 4 for basic seed;
(iii)for which the results of a Schedule 4 germination test are awaited but for which a provisional analytical report has been obtained indicating what the percentage of germination of the seed is likely to be; and
(iv)for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, 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 basic seed;
(b)pre-basic seed of a component used in the production of a previously listed hybrid variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force in respect of seed of the hybrid variety;
(c)pre-basic seed of a component used in the production of a listed hybrid variety—
(i)that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State, and
(ii)complies with the requirements of sub-paragraph (a)(ii) to (iv); and
(d)pre-basic seed of a component used in the production of a previously listed hybrid variety—
(i)that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and
(iii)for which a marketing extension is in force in respect of seed of the hybrid variety,
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
(4) Seed of a component used in the production of a listed hybrid variety, or seed of a component used in the production of a previously listed hybrid variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as early movement pre-basic seed.
11. In these Regulations “EC officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety” means—
(a)pre-basic seed of a component used in the production of a listed hybrid variety officially certified as early movement pre-basic seed by or on behalf of the competent seed certification authority in another member State, and
(b)pre-basic seed of a component used in the production of a previously listed hybrid variety officially certified as early movement pre-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 in respect of seed of the hybrid variety.
[F712. In these Regulations “officially certified pre-basic seed” means—
(a)UK officially certified pre-basic seed of a listed variety;
(b)EC officially certified pre-basic seed of a listed variety;
(c)third country officially certified pre-basic seed of a listed variety;
(d)overseas tested officially certified pre-basic seed of a listed variety;
(e)UK officially certified early movement pre-basic seed of a listed variety;
(f)EC officially certified early movement pre-basic seed of a listed variety;
(g)UK officially certified pre-basic seed of a component used in the production of a listed hybrid variety;
(h)EC officially certified pre-basic seed of a component used in the production of a listed hybrid variety;
(i)third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety;
(j)overseas tested officially certified pre-basic seed of a component used in the production of a listed hybrid variety;
(k)UK officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety; and
(l)EC officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety.]
Textual Amendments
F7Sch. 1 para. 12 substituted (27.7.2007) by The Seed (Miscellaneous Amendments) (England) Regulations 2007 (S.I. 2007/1872), regs. 1, 5(7)(c)
13.—(1) In these Regulations, in relation to black mustard, brown mustard, flax, [F8hemp,] linseed, soya bean, sunflower, swede rape, turnip rape and white mustard, other than a hybrid F9..., “basic seed” means 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—
(i)in the case of black mustard, brown mustard, [F10dioecious hemp,] sunflower, swede rape, turnip rape and white mustard, CS seed;
(ii)in the case of flax, linseed [F10, monoecious hemp] and soya bean, C1 seed;
(iii)in the case of flax, linseed [F10, monoecious hemp] and soya bean, C2 seed; or
(iv)in the case of flax [F11or linseed] , C3 seed.
(2) In these Regulations, in relation to a component of a hybrid variety F12..., or an inbred line F12... that is a component of a hybrid variety, “basic seed” means seed that is intended to be used for the production of CS seed of a hybrid variety.
(3) In these Regulations, in relation to a simple hybrid that is a component of a hybrid varietyF13..., “basic seed” means seed that is intended to be used for the production of CS seed of a double or three way cross hybrid variety.
Textual Amendments
F8Words in Sch. 1 para. 13(1) inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(12)(b)(i)(aa)
F9Words in Sch. 1 para. 13(1) revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(12)(b)(i)(bb)
F10Words in Sch. 1 para. 13(1)(b)(i)-(iii) inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(12)(b)(i)(cc)(dd)(ee)
F11Words in Sch. 1 para. 13(1)(b)(iv) inserted (26.10.2005) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2674), regs. 1, 2(9)(b)
F12Words in Sch. 1 para. 13(2) revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(12)(b)(ii)
F13Words in Sch. 1 para. 13(3) revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(12)(b)(iii)
14.—(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 IV of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and
(iii)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 basic seed or that it has been found by such a test to satisfy all of those conditions except for the germination condition;
(b)basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;
(c)basic seed of a listed variety that—
(i)has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and
(ii)complies with the requirements of paragraph (a)(ii) and (iii);
(d)basic seed of a previously listed variety—
(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and
(iii)for which a marketing extension is in force; and
(e)basic seed that—
(i)has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;
(ii)complies with the requirements of paragraph (a)(ii) and (iii); and
(iii)is of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
(4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as basic seed.
15. In these Regulations “EC officially certified basic seed of a listed variety” means—
(a)basic seed of a listed variety officially certified as 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 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.
16.—(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—
(i)in an equivalent third country;
(ii)from a preceding generation of seed that was produced in accordance with the provisions specified in [F14paragraph 5 of Part B of Annex II 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 soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and
(ii)in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and
(iii)in both cases, the conditions specified in [F15paragraphs 1 and 2 of Part B of Annex II 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 soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and
(ii)in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and
and, as regards the packaging, in accordance with the relevant conditions specified in [F16paragraph 3 of Part B of Annex II 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)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 basic seed other than those relating to varietal identity and varietal purity; or
(iii)in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).
(3) This sub-paragraph applies to basic 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).
Textual Amendments
F14Words in Sch. 1 para. 16(2)(a)(ii) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(a)(i)
F15Words in Sch. 1 para. 16(2)(b)(iii) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(a)(ii)
F16Words in Sch. 1 para. 16(2)(c) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(a)(iii)
17.—(1) In these Regulations “overseas tested officially certified basic seed of a listed variety” means basic seed to which sub-paragraph (2) or (3) applies.
(2) This sub-paragraph applies to basic seed—
(a)that was 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 has been found to satisfy the relevant Directive crop conditions for basic 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 basic seed;
(c)that has been 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; 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 that—
(a)complies with the requirements of paragraph 16(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.
18.—(1) In these Regulations “UK officially certified early movement 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 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 previously listed 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.
(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, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and IV of Schedule 4 for basic seed;
(iii)for which the results of a Schedule 4 germination test are awaited but for which a provisional analytical report has been obtained indicating what the percentage of germination of the seed is likely to be; and
(iv)for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, 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 basic seed;
(b)basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;
(c)basic seed of a listed variety that—
(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and
(ii)complies with the requirements of paragraph (a)(ii) to (iv); and
(d)basic seed of a previously listed variety—
(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and
(iii)for which a marketing extension is in force,
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
(4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as early movement basic seed.
19. In these Regulations “EC officially certified early movement basic seed of a listed variety” means—
(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.
20.—(1) In these Regulations “UK officially certified basic seed of a component of a listed hybrid variety” means seed to which paragraph (2), (3) or (4) 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 IV of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and
(iii)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 basic seed or that it has been found by such a test to satisfy all of those conditions except for the germination condition;
(b)basic seed of a component of a previously listed hybrid variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force in respect of seed of the hybrid variety;
(c)basic seed of a component of a listed hybrid variety—
(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and
(ii)that complies with the requirements of sub-paragraph (a)(ii) and (iii);
(d)basic seed of a component of a previously listed hybrid variety—
(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and
(iii)for which a marketing extension is in force in respect of seed of the hybrid variety;
(e)basic seed—
(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and
(iii)that is 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,
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
(4) Seed of a component of a listed hybrid variety, or seed of a component of a previously listed hybrid variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as basic seed.
21. In these Regulations “EC officially certified basic seed of a component of a listed hybrid variety” means—
(a)basic seed of a component of a listed hybrid variety officially certified as basic seed by or on behalf of the competent seed certification authority in another member State, and
(b)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 and for which a marketing extension is in force in respect of seed of the hybrid variety.
22.—(1) In these Regulations “third country officially certified basic seed of a component of a listed hybrid variety” means F17... 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)that was harvested from a crop that was produced—
(i)in an equivalent third country,
(ii)from a preceding generation of seed that was produced in accordance with the provisions specified in [F18paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision] ; and
(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 soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and
(ii)in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and
(iii)in both cases, the conditions specified in [F19paragraphs 1 and 2 of Part B of Annex II 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 soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and
(ii)in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and
and, as regards the packaging, in accordance with the relevant conditions specified in [F20paragraph 3 of Part B of Annex II 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)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 basic seed other than those relating to varietal identity and varietal purity; or
(iii)in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).
(3) This sub-paragraph applies to basic seed—
(a)that is a component 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).
Textual Amendments
F17Word in Sch. 1 para. 22(1) deleted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(b)(i)
F18Words in Sch. 1 para. 22(2)(a)(ii) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(b)(ii)
F19Words in Sch. 1 para. 22(2)(b)(iii) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(b)(iii)
F20Words in Sch. 1 para. 22(2)(c) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(b)(iv)
23.—(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)that was 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 has been found to satisfy the relevant Directive crop conditions for basic 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 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 22(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.
24.—(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), (3) or (4) 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 IV of Schedule 4 for basic seed;
(iii)for which the results of a Schedule 4 germination test are awaited but for which a provisional analytical report has been obtained indicating what the percentage of germination of the seed is likely to be; and
(iv)for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, 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 basic seed;
(b)basic seed of a component of a previously listed hybrid variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force in respect of seed of the hybrid variety;
(c)basic seed of a component of a listed hybrid variety—
(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and
(ii)complies with the requirements of sub-paragraph (a)(ii) to (iv); and
(d)basic seed of a component of a previously listed hybrid variety—
(i)that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and
(iii)for which a marketing extension is in force in respect of seed of the hybrid variety,
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
(4) Seed of a component of a listed hybrid variety, or seed of a component of a previously listed hybrid variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as early movement basic seed.
25. In these Regulations “EC officially certified early movement basic seed of a component of a listed hybrid variety” means—
(a)basic seed of a component of a listed hybrid 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 component of a previously listed hybrid 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 in respect of seed of the hybrid variety.
26. In these Regulations “officially certified basic seed” means—
(a)UK officially certified basic seed of a listed variety;
(b)EC officially certified basic seed of a listed variety;
(c)third country officially certified basic seed of a listed variety;
(d)overseas tested officially certified basic seed of a listed variety;
(e)UK officially certified early movement basic seed of a listed variety;
(f)EC officially certified early movement basic seed of a listed variety;
(g)UK officially certified basic seed of a component of a listed hybrid variety;
(h)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.
27. In these Regulations in relation to black mustard, brown mustard, [F21dioecious hemp,] sunflower, swede rape, turnip rape and white mustard, including hybrids F22..., “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 oil and fibre plant seed.
Textual Amendments
F21Words in Sch. 1 para. 27 inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(12)(c)(i)(aa)
F22Words in Sch. 1 para. 27 revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(12)(c)(i)(bb)
28.—(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, III and IV of Schedule 4 for CS seed; and
(iii)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 CS seed;
(b)CS seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;
(c)CS seed of a listed variety that—
(i)has been imported into the United Kingdom as not finally certified CS seed harvested in another member State, and
(ii)complies with the requirements of paragraph (a)(ii) and (iii);
(d)CS seed of a previously listed variety—
(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and
(iii)for which a marketing extension is in force;
(e)CS seed—
(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State or an equivalent third country;
(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and
(iii)that is of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed;
(f)CS seed of a listed variety that—
(i)has been imported into the United Kingdom as not finally certified CS seed harvested in an equivalent third country, and
(ii)complies with the requirements of paragraph (a)(ii) and (iii); and
(g)CS seed—
(i)of a previously listed variety that is on the OECD list;
(ii)that has been imported into the United Kingdom as not finally certified CS seed harvested in an equivalent third country;
(iii)that complies with the requirements of paragraph (a)(ii) and (iii); and
(iv)for which a marketing extension is in force,
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
(4) Seed of a listed variety, or of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as CS seed.
29. In these Regulations “EC officially certified CS seed of a listed variety” means—
(a)CS seed of a listed variety officially certified as CS seed by or on behalf of the competent seed certification authority in another member State, and
(b)CS seed of a previously listed variety officially certified as CS seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.
30.—(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—
(i)in an equivalent third country;
(ii)from basic seed that was produced in accordance with the provisions of [F23paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision] ;
(b)that has been officially certified as CS seed by the approved seed certification authority in that country in accordance with—
(i)in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and
(ii)in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and
(iii)in both cases, the conditions specified in [F24paragraphs 1 and 2 of Part B of Annex II 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 soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and
(ii)in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and
as regards the packaging, in accordance with the relevant conditions specified in [F25paragraph 3 of Part B of Annex II 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)in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).
(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).
Textual Amendments
F23Words in Sch. 1 para. 30(2)(a)(ii) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(c)(i)
F24Words in Sch. 1 para. 30(2)(b)(iii) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(c)(ii)
F25Words in Sch. 1 para. 30(2)(c) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(c)(iii)
31.—(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 was 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 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)[F26an Annex 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 that—
(a)complies with the requirements of paragraph 30(2)(a) to (d) and
(i)that was 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.
Textual Amendments
F26Words in Sch. 1 para. 31(3)(d)(i) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(d)
32.—(1) In these Regulations “UK officially certified early movement 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 early movement 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 early movement 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, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II, III and IV of Schedule 4 for CS seed;
(iii)for which the results of a Schedule 4 germination test are awaited to determine whether the seed will satisfy the applicable germination standard for CS seed but for which a provisional analytical report has been obtained indicating that the seed is likely to meet that standard; and
(iv)for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, 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 CS seed;
(b)CS seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;
(c)CS seed of a listed variety—
(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State, and
(ii)complies with the requirements of paragraph (a)(ii) to (iv);
(d)CS seed of a previously listed variety—
(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and
(iii)for which a marketing extension is in force;
(e)CS seed of a listed variety—
(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in an equivalent third country, and
(ii)complies with the requirements of paragraph (a)(ii) to (iv);
(f)CS seed—
(i)of a previously listed variety that is on the OECD list;
(ii)that has been imported into the United Kingdom as not finally certified CS seed harvested in an equivalent third country;
(iii)that complies with the requirements of paragraph (a)(ii) to (iv); and
(iv)for which a marketing extension is in force,
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
(4) Seed of a listed variety, or of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as early movement CS seed.
33. In these Regulations “EC officially certified early movement CS seed of a listed variety” means—
(a)CS seed of a listed variety officially certified as early movement CS seed by or on behalf of the competent seed certification authority in another member State, and
(b)CS seed of a previously listed variety officially certified as early movement CS seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.
34. In these Regulations “officially certified CS seed” means—
(a)UK officially certified CS seed of a listed variety;
(b)EC officially certified CS seed of a listed variety;
(c)third country officially certified CS seed of a listed variety;
(d)overseas tested officially certified CS seed of a listed variety;
(e)UK officially certified early movement CS seed of a listed variety; and
(f)EC officially certified early movement CS seed of a listed variety.
35. In these Regulations, in relation to flax, linseed [F27, monoecious hemp] and soya bean, “C1 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—
(i)for production of C2 seed;
(ii)in the case of flax [F28or linseed] , for the production of C3 seed; or
(iii)for purposes other than the production of oil and fibre plant seed.
Textual Amendments
F27Words in Sch. 1 para. 35 inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(12)(c)(ii)
F28Words in Sch. 1 para. 35(b)(ii) inserted (26.10.2005) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2674), regs. 1, 2(9)(c)
36.—(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)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 C1 seed is to be produced;
(ii)that satisfies the conditions laid down in Parts II and IV of Schedule 4 for C1 seed; and
(iii)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 C1 seed;
(b)C1 seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;
(c)C1 seed of a listed variety that—
(i)has been imported into the United Kingdom as not finally certified C1 seed harvested in another member State, and
(ii)complies with the requirements of paragraph (a)(ii) and (iii);
(d)C1 seed of a previously listed variety—
(i)that has been imported into the United Kingdom as not finally certified C1 seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and
(iii)for which a marketing extension is in force;
(e)C1 seed—
(i)that has been imported into the United Kingdom as not finally certified C1 seed harvested in another member State or an equivalent third country;
(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and
(iii)that is of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed;
(f)C1 seed of a listed variety that—
(i)has been imported into the United Kingdom as not finally certified C1 seed harvested in an equivalent third country, and
(ii)complies with the requirements of paragraph (a)(ii) and (iii); and
(g)C1 seed—
(i)of a previously listed variety that is on the OECD list;
(ii)that has been imported into the United Kingdom as not finally certified C1 seed harvested in an equivalent third country;
(iii)that complies with the requirements of paragraph (a)(ii) and (iii); and
(iv)for which a marketing extension is in force,
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
(4) Seed of a listed variety, or of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as C1 seed.
37. In these Regulations “EC officially certified C1 seed of a listed variety” means—
(a)C1 seed of a listed variety officially certified as C1 seed by the competent seed certification authority in another member State, and
(b)C1 seed of a previously listed variety officially certified as C1 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.
38.—(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—
(i)in an equivalent third country,
(ii)from a preceding generation of seed that was produced in accordance with the provisions of [F29paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision] ;
(b)that has been officially certified as C1 seed by the approved seed certification authority in that country in accordance with—
(i)in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and
(ii)in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and
(iii)in both cases, the conditions specified in [F30paragraphs 1 and 2 of Part B of Annex II 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 soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and
(ii)in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and
and, as regards the packaging, in accordance with the relevant conditions specified in [F31paragraph 3 of Part B of Annex II 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)in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).
(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).
Textual Amendments
F29Words in Sch. 1 para. 38(2)(a)(ii) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(e)(i)
F30Words in Sch. 1 para. 38(2)(b)(iii) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(e)(ii)
F31Words in Sch. 1 para. 38(2)(c) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(e)(iii)
39.—(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 was 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—
(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 C1 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 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)[F32an Annex 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 C1 seed, and
(ii)the seed test report referred to in paragraph (b).
(4) This sub-paragraph applies to C1 seed that—
(a)complies with the requirements of paragraph 38(2)(a) to (d), and
(b)that was 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.
Textual Amendments
F32Words in Sch. 1 para. 39(3)(d)(i) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(f)
40.—(1) In these Regulations “UK officially certified early movement 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 early movement 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 early movement 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)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 C1 seed is to be produced;
(ii)that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and IV of Schedule 4 for C1 seed;
(iii)for which the results of a Schedule 4 germination test are awaited to determine whether the seed will satisfy the applicable germination standard for C1 seed but for which a provisional analytical report has been obtained indicating that the seed is likely to meet that standard; and
(iv)for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, 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 C1 seed;
(b)C1 seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;
(c)C1 seed of a listed variety—
(i)that has been imported into the United Kingdom as not finally certified C1 seed harvested in another member State, and
(ii)complies with the requirements of paragraph (a)(ii) to (iv);
(d)C1 seed of a previously listed variety—
(i)that has been imported into the United Kingdom as not finally certified C1 seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and
(iii)for which a marketing extension is in force;
(e)C1 seed of a listed variety—
(i)that has been imported into the United Kingdom as not finally certified C1 seed harvested in an equivalent third country, and
(ii)complies with the requirements of paragraph (a)(ii) to (iv);
(f)C1 seed—
(i)of a previously listed variety that is on the OECD list;
(ii)that has been imported into the United Kingdom as not finally certified C1 seed harvested in an equivalent third country;
(iii)that complies with the requirements of paragraph (a)(ii) to (iv); and
(iv)for which a marketing extension is in force,
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
(4) Seed of a listed variety, or of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as early movement C1 seed.
41. In these Regulations “EC officially certified early movement C1 seed of a listed variety” means—
(a)C1 seed of a listed variety officially certified as early movement C1 seed by the competent seed certification authority in another member State, and
(b)C1 seed of a previously listed variety officially certified as early movement C1 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.
42. In these Regulations “officially certified C1 seed” means—
(a)UK officially certified C1 seed of a listed variety;
(b)EC officially certified C1 seed of a listed variety;
(c)third country officially certified C1 seed of a listed variety;
(d)overseas tested officially certified C1 seed of a listed variety;
(e)UK officially certified early movement C1 seed of a listed variety; and
(f)EC officially certified early movement C1 seed of a listed variety.
[F3343.—(1) In these Regulations “C2 seed” means seed to which paragraph (2) or (3) applies.
(2) In relation to flax, linseed and soya bean, “C2 seed” means seed that—
(a)has been produced directly from—
(i)officially certified basic seed,
(ii)officially certified C1 seed, or
(iii)with the breeder’s written authority, from officially certified pre-basic seed, and
(b)is intended—
(i)[F34in the case of flax or linseed, for the production of C3 seed or for purposes other than the production of oil and fibre plant seed]
(ii)in the case of F35... soya bean, for purposes other than the production of oil and fibre plant seed.
(3) In relation to monoecious hemp, “C2 seed” means seed that—
(a)has been produced directly from officially certified C1 seed; and
(b)is intended for the production of hemp to be harvested in flower.]
Textual Amendments
F33Sch. 1 para. 43 substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(g)
F34Sch. 1 para. 43(2)(b)(i) substituted (26.10.2005) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2674), regs. 1, 2(9)(d)
F35Words in Sch. 1 para. 43(2)(b)(ii) deleted (26.10.2005) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2674), regs. 1, 2(9)(e)
44.—(1) In these Regulations “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)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 C2 seed is to be produced;
(ii)that satisfies the conditions laid down in Parts II and IV of Schedule 4 for C2 seed; and
(iii)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 C2 seed;
(b)C2 seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;
(c)C2 seed of a listed variety that—
(i)has been imported into the United Kingdom as not finally certified C2 seed harvested in another member State, and
(ii)complies with the requirements of paragraph (a)(ii) and (iii);
(d)C2 seed of a previously listed variety—
(i)that has been imported into the United Kingdom as not finally certified C2 seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and
(iii)for which a marketing extension is in force;F36...
(e)C2 seed—
(i)that has been imported into the United Kingdom as not finally certified C2 seed harvested in another member State [F37or an equivalent third country] ;
(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and
(iii)that is of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,
[F38(f)C2 seed of a listed variety that—
(i)has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; and
(ii)complies with the requirements of paragraphs (a)(ii) and (iii); and
(g)C2 seed—
(i)of a previously listed variety that is on the OECD list;
(ii)that has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country;
(iii)that complies with the requirements of paragraphs (a)(ii) and (iii); and
(iv)for which a marketing extension is in force,]
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
(4) Seed of a listed variety, or of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as C2 seed.
Textual Amendments
F36Word in Sch. 1 para. 44(3)(d)(iii) deleted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(h)(i)
F37Words in Sch. 1 para. 44(3)(e)(i) added (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(h)(ii)
F38Sch. 1 para. 44(3)(f)(g) inserted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(h)(iii)
45. In these Regulations “EC officially certified C2 seed of a listed variety” means—
(a)C2 seed of a listed variety officially certified as C2 seed by the competent seed certification authority in another member State, and
(b)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.
45A.—(1) In these Regulations, “third country officially certified C2 seed of a listed variety” means C2 seed to which sub-paragraph (2) or (3) applies.
(2) This sub-paragraph applies to C2 seed of a listed variety that—
(a)was harvested from a crop that has been produced—
(i)in an equivalent third country; and
(ii)from a preceding generation of seed that was produced in accordance with the provisions of paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision;
(b)has been officially certified as C2 seed by the approved seed certification authority in that country in accordance with—
(i)in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme; and
(ii)in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and
(iii)in both cases, the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;
(c)has been packed in packages that have been officially closed and marked in accordance with—
(i)in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and
(ii)in the case of soya bean seed, the OECD Grass and Legume Seed Scheme, and
as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and
(d)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 C2 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 C2 seed other than those relating to varietal identity and varietal purity; or
(iii)in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).
(3) This sub-paragraph applies to C2 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).]
Textual Amendments
F39Sch. 1 para. 45A inserted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(i)
46.—(1) In these Regulations “overseas tested officially certified C2 seed of a listed variety” means C2 seed to which sub-paragraph (2), (3) or (4) applies.
(2) This sub-paragraph applies to C2 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 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 C2 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 C2 seed;
(c)that has been 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).
(3) This sub-paragraph applies to C2 seed that—
(a)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 C2 seed;
(b)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 C2 seed;
(c)has been 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)is accompanied by—
(i)an Annex 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 C2 seed; and
(ii)the seed test report referred to in paragraph (b).
(4) This sub-paragraph applies to C2 seed that—
(a)complies with the requirements of paragraph 45A(2)(a) to (d); and
(b)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.]
Textual Amendments
F40Sch. 1 para. 46 substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(j)
47.—(1) In these Regulations “UK officially certified early movement 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 early movement 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 early movement 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)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 C2 seed is to be produced;
(ii)that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and IV of Schedule 4 for C2 seed;
(iii)for which the results of a Schedule 4 germination test are awaited to determine whether the seed will satisfy the applicable germination standard for C2 seed but for which a provisional analytical report has been obtained indicating that the seed is likely to meet that standard; and
(iv)for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, 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 C2 seed;
(b)C2 seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;
(c)C2 seed of a listed variety—
(i)that has been imported into the United Kingdom as not finally certified C2 seed harvested in another member State, and
(ii)complies with the requirements of paragraph (a)(ii) to (iv);F41...
(d)C2 seed of a previously listed variety—
(i)that has been imported into the United Kingdom as not finally certified C2 seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and
(iii)for which a marketing extension is in force,
[F42(e)C2 seed of a listed variety that—
(i)has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; and
(ii)complies with the requirements of paragraphs (a)(ii) to (iv); and
(f)C2 seed—
(i)of a previously listed variety that is on the OECD list;
(ii)that has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country;
(iii)that complies with the requirements of paragraphs (a)(ii) to (iv); and
(iv)for which a marketing extension is in force,]
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
(4) Seed of a listed variety, or of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as early movement C2 seed.
Textual Amendments
F41Word in Sch. 1 para. 47(3)(c)(ii) deleted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(k)(i)
F42Sch. 1 para. 47(3)(e)(f) inserted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(k)(ii)
48. In these Regulations “EC officially certified early movement C2 seed of a listed variety” means—
(a)C2 seed of a listed variety officially certified as early movement C2 seed by the competent seed certification authority in another member State, and
(b)C2 seed of a previously listed variety officially certified as early movement C2 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.
49. In these Regulations “officially certified C2 seed” means—
(a)UK officially certified C2 seed of a listed variety;
(b)EC officially certified C2 seed of a listed variety;
[F43(bb)third country officially certified C2 seed of a listed variety;]
(c)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.
Textual Amendments
F43Sch. 1 para. 49(bb) inserted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(l)
50. In these Regulations, in relation to flax [F44or linseed] “C3 seed” means seed—
(a)that has been produced directly from—
(i)officially certified basic seed;
(ii)officially certified C1 seed;
(iii)officially certified C2 seed; or
(iv)with the breeder’s written authority, from officially certified pre-basic seed, and
(b)that is intended for purposes other than the production of oil and fibre plant seed.
Textual Amendments
F44Words in Sch. 1 para. 50 inserted (26.10.2005) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2674), regs. 1, 2(9)(f)
51.—(1) In these Regulations “UK officially certified C3 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 C3 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 C3 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)C3 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 C3 seed is to be produced;
(ii)that satisfies the conditions laid down in Parts II and IV of Schedule 4 for C3 seed; and
(iii)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 C3 seed;
(b)C3 seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;
(c)C3 seed of a listed variety that—
(i)has been imported into the United Kingdom as not finally certified C3 seed harvested in another member State, and
(ii)complies with the requirements of paragraph (a)(ii) and (iii);
(d)C3 seed of a previously listed variety—
(i)that has been imported into the United Kingdom as not finally certified C3 seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) and (iii); and
(iii)for which a marketing extension is in force; and
(e)C3 seed—
(i)that has been imported into the United Kingdom as not finally certified C3 seed harvested in another member State;
(ii)complies with the requirements of paragraph (a)(ii) and (iii); and
(iii)of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
(4) Seed of a listed variety, or of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as C3 seed.
52. In these Regulations “EC officially certified C3 seed of a listed variety” means—
(a)C3 seed of a listed variety officially certified as C3 seed by the competent seed certification authority in another member State, and
(b)C3 seed of a previously listed variety officially certified as C3 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.
52A.—(1) In these Regulations “third country officially certified C3 seed of a listed variety” means C3 seed to which sub-paragraph (2) or (3) applies.
(2) This sub-paragraph applies to C3 seed of a listed variety that—
(a)was harvested from a crop that has been produced—
(i)in an equivalent third country; and
(ii)from a preceding generation of seed that was produced in accordance with the provisions of paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision;
(b)has been officially certified as C3 seed by the approved seed certification authority in that country in accordance with—
(i)the OECD Crucifer and Oil and Fibre Seed Scheme; and
(ii)the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;
(c)has been packed in packages that have been officially closed and marked in accordance with the OECD Crucifer and Oil and Fibre Seed Scheme and as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II 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 C3 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 C3 seed other than those relating to varietal identity and varietal purity; or
(iii)in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).
(3) This sub-paragraph applies to C3 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-paragraphs 2(a) – (d).]
Textual Amendments
F45Sch. 1 para. 52A inserted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(m)
53.—(1) In these Regulations, “overseas tested officially certified C3 seed of a listed variety” means C3 seed to which sub paragraph (2), (3) or (4) applies.
(2) This sub-paragraph applies to C3 seed—
(a)that was 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 C3 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 C3 seed;
(c)that was imported into the United Kingdom as C3 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 C3 seed that—
(a)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 has been found to satisfy the relevant Directive crop conditions for C3 seed;
(b)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 C3 seed;
(c)has been imported into the United Kingdom as C3 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and
(d)is accompanied by—
(i)an Annex 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 Directive crop conditions for C3 seed; and
(ii)the seed test report referred to in paragraph (b).
(4) This sub-paragraph applies to C3 seed that—
(a)complies with the requirements of paragraph 52A(2)(a) to (d); and
(b)was imported into the United Kingdom as C3 seed of a variety that was unlisted at the time when the seed was imported but has since been listed.]
Textual Amendments
F46Sch. 1 para. 53 substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(n)
54.—(1) In these Regulations “UK officially certified early movement C3 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 early movement C3 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 early movement C3 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)C3 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 C3 seed is to be produced;
(ii)that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and IV of Schedule 4 for C3 seed;
(iii)for which the results of a Schedule 4 germination test are awaited to determine whether the seed will satisfy the applicable germination standard for C3 seed but for which a provisional analytical report has been obtained indicating that the seed is likely to meet that standard; and
(iv)for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, 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 C3 seed;
(b)C3 seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;
(c)C3 seed of a listed variety—
(i)that has been imported into the United Kingdom as not finally certified C3 seed harvested in another member State, and
(ii)complies with the requirements of paragraph (a)(ii) to (iv); and
(d)C3 seed of a previously listed variety—
(i)that has been imported into the United Kingdom as not finally certified C3 seed harvested in another member State;
(ii)that complies with the requirements of paragraph (a)(ii) to (iv); and
(iii)for which a marketing extension is in force,
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
(4) Seed of a listed variety, or of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as early movement C3 seed.
55. In these Regulations “EC officially certified early movement C3 seed of a listed variety” means—
(a)C3 seed of a listed variety officially certified as early movement C3 seed by the competent seed certification authority in another member State, and
(b)C3 seed of a previously listed variety officially certified as early movement C3 seed by the competent seed certification authority in another member State and for which a marketing extension is in force.
56. In these Regulations “officially certified C3 seed” means—
(a)UK officially certified C3 seed of a listed variety;
(b)EC officially certified C3 seed of a listed variety;
[F47(bb)third country officially certified C3 seed of a listed variety;]
(c)overseas tested officially certified C3 seed of a listed variety;
(d)UK officially certified early movement C3 seed of a listed variety; and
(e)EC officially certified early movement C3 seed of a listed variety.
Textual Amendments
F47Sch. 1 para. 56(bb) inserted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(o)
57. In these Regulations “commercial seed” means black mustard seed that is identifiable as to its species.
58.—(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 IV of Schedule 4 for commercial seed, and
(b)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,
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
59. 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.
60.—(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 Parts II and IV 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,
other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.
61. 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.
62. 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.
63.—(1) The requirement contained in paragraph 27(a) (that CS seed be produced directly from officially certified basic seed, or, with the breeder’s written authority, from officially certified pre-basic seed) shall be treated as having been complied with in relation to CS seed in a case where—
(a)the CS seed (in this paragraph called “the harvested CS seed”) was harvested from a crop produced from pre-basic seed to which sub-paragraph (5) or (6) applies or basic seed to which sub-paragraph (7) or (8) applies, and
(b)the variety of the harvested CS seed was not listed at the time when the pre-basic or basic seed referred to in paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.
(2) The requirement contained in paragraph 35(a) (that C1 seed be produced directly from officially certified basic seed, or, with the breeder’s written authority, from officially certified pre-basic seed) shall be treated as having been complied with in relation to C1 seed in a case where—
(a)the C1 seed (in this paragraph called “the harvested C1 seed”) was harvested from a crop produced from pre-basic seed to which sub-paragraph (5) applies or basic seed to which sub-paragraph (7) applies, and
(b)the variety of the harvested C1 seed was not listed at the time when the pre-basic or basic seed referred to in paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.
(3) The requirement contained in paragraph 43(a) (that C2 seed be produced directly from officially certified basic seed, officially certified C1 seed or, with the breeder’s written authority, from officially certified pre-basic seed) shall be treated as having been complied with in relation to C2 seed in a case where—
(a)the C2 seed (in this paragraph called “the harvested C2 seed”) was harvested from a crop produced from pre-basic seed to which sub-paragraph (5) applies, basic seed to which sub-paragraph (7) applies or C1 seed to which sub-paragraph (9) applies, and
(b)the variety of the harvested C2 seed was not listed at the time when the pre-basic, basic or C1 seed referred to in paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.
(4) The requirement contained in paragraph 50(a) (that C3 seed be produced directly from officially certified basic seed, officially certified C1 seed, officially certified C2 seed or, with the breeder’s written authority, from officially certified pre-basic seed) shall be treated as having been complied with in relation to C3 seed in a case where—
(a)the C3 seed (in this paragraph called “the harvested C3 seed”) was harvested from a crop produced from pre-basic seed to which sub-paragraph (5) applies, basic seed to which sub-paragraph (7) applies, C1 seed to which sub-paragraph (9) applies or C2 seed to which sub-paragraph (10) applies, and
(b)the variety of the harvested C3 seed was not listed at the time when the pre-basic, basic, C1 or C2 seed referred to in paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.
(5) This sub-paragraph applies to pre-basic seed—
(a)that has been harvested from a crop—
(i)produced in the United Kingdom and found by an official UK field inspection 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, or
(ii)produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority in that State to satisfy the Directive crop conditions for basic seed,
(b)that—
(i)was found by an official UK seed test or a UK seed test carried out under official supervision to satisfy the conditions laid down in Part II of Schedule 4 for basic seed, or
(ii)was found by seed testing carried out by or on behalf of the competent seed certification authority or a licensed seed testing station in another member State, to satisfy the Directive seed conditions for basic seed; and
(c)that was of the same variety as the harvested CS, C1, C2 or C3 seed (as the case may be).
(6) This sub-paragraph applies to pre-basic seed of a component used in the production of a hybrid variety—
(a)that complied with the requirements of sub-paragraph (5)(a) and (b), and
(b)that was used as a component in the production of the harvested CS seed.
(7) This sub-paragraph applies to basic seed—
(a)that has been harvested from a crop—
(i)produced in the United Kingdom and found by an official UK field inspection 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)produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority in that State to satisfy the Directive crop conditions for basic seed; or
(iii)produced in an equivalent third country and found by a field inspection of the crop carried out by the approved seed certification authority in that country to satisfy the Directive crop conditions for basic seed;
(b)that—
(i)was found by an official UK seed test or a UK seed test carried out under official supervision to satisfy the conditions laid down in Part II of Schedule 4 for basic seed,
(ii)was found by seed testing carried out by or on behalf of the competent seed certification authority or a licensed EC seed testing station in another member State to satisfy the Directive seed conditions for basic seed; or
(iii)was found by seed testing carried out by the approved seed certification authority or a licensed third country seed testing station in an equivalent third country to satisfy the Directive seed conditions for basic seed; and
(c)that was of the same variety as the harvested CS, C1, C2 or C3 seed (as the case may be).
(8) This sub-paragraph applies to basic seed of a component of a hybrid variety—
(a)that complied with the requirements of sub-paragraph (7)(a) and (b), and
(b)that was a component in the production of the harvested CS seed.
(9) This sub-paragraph applies to C1 seed—
(a)that has been harvested from a crop—
(i)produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which C1 seed is to be produced;
(ii)produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority or a licensed EC field inspector in that State to satisfy the Directive crop conditions for C1 seed; or
(iii)produced in an equivalent third country and found by a field inspection of the crop carried out by the approved seed certification authority or a licensed third country crop inspector in that country to satisfy the Directive crop conditions for C1 seed;
(b)that—
(i)was found by an official UK seed test or a UK seed test carried out under official supervision to satisfy the conditions laid down in Part II of Schedule 4 for C1 seed;
(ii)was found by seed testing carried out by or on behalf of the competent seed certification authority or a licensed EC seed testing station in another member State to satisfy the Directive seed conditions for C1 seed; or
(iii)was found by seed testing carried out by the approved seed certification authority or a licensed third country seed testing station in an equivalent third country to satisfy the Directive seed conditions for C1 seed; and
(c)that was of the same variety as the harvested C2 or C3 seed.
(10) This sub-paragraph applies to C2 seed—
(a)that has been harvested from a crop—
[F48(i)produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which C2 seed is to be produced,]
[F49(ii)produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority or licensed EC field inspector in that State to satisfy the Directive crop conditions for C2 seed, or
(iii)produced in an equivalent third country and found by a field inspection of the crop carried out by the approved seed certification authority or a licensed third country crop inspector in that country to satisfy the Directive crop conditions for C2 seed;]
(b)that—
[F50(i)was found by an official UK seed test or a UK seed test carried out under official supervision to satisfy the conditions laid down in Part II of Schedule 4 for C2 seed,]
[F51(ii)was found by seed testing carried out by or on behalf of the competent seed certification authority or licensed EC seed testing station in another member State to satisfy the Directive seed conditions for C2 seed, or
(iii)was found by seed testing carried out by the approved seed certification authority or a licensed third country seed testing station in an equivalent third country to satisfy the Directive seed conditions for C2 seed; and]
(c)that was of the same variety as the harvested C3 seed.
Textual Amendments
F48Sch. 1 para. 63(10)(a)(i) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(p)(i)(aa)
F49Sch. 1 para. 63(10)(a)(ii)(iii) substituted for Sch. 1 para. 63(10)(a)(ii) (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(p)(i)(bb)
F50Sch. 1 para. 63(10)(b)(i) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(p)(ii)(aa)
F51Sch. 1 para. 63(10)(b)(ii)(iii) substituted for Sch. 1 para. 63(10)(b)(ii) (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(p)(ii)(bb)
64.—(1) In these Regulations “not finally certified pre-basic seed harvested in another member State” means pre-basic seed—
(a)to which sub-paragraph (2) applies;
(b)that has been harvested from a crop produced in another member State and 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 to satisfy the Directive crop conditions for basic seed;
(c)that has been packed in a sealed package in accordance with the requirements of Article 11(1) of the Oil and Fibre 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 pre-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 used in the production of a listed hybrid variety;
(e)a component used in the production 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 used in the production of a previously listed hybrid variety for which a marketing extension is in force.
(3) In this paragraph “grey label” means, in relation to the seed contained in the package on which the label is affixed, a grey coloured label containing the following particulars—
(a)the authority responsible for the field inspection of the seed and the member State or their commonly used initials;
(b)the species of the seed, indicated at least in Roman characters under its botanical name, which may be given in abridged form and without the author’s name;
(c)the variety of the seed, indicated at least in Roman characters in all cases, and, in the case of a component intended to be used solely as a component in the production of a hybrid variety F52..., followed by the word “component”;
(d)the category of the seed;
(e)in the case of a hybrid variety, the word “hybrid”;
(f)the field or lot reference number of the seed;
(g)the declared net or gross weight of the seed; and
(h)the words “seed not finally certified”.
Textual Amendments
F52Words in Sch. 1 para. 64(3)(c) revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(12)(d)
65.—(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)that has been harvested from a crop produced in another member State and 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 to satisfy the Directive crop conditions for basic seed;
(c)that has been packed in a sealed package in accordance with the requirements of Article 11(1) of the Oil and Fibre 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 64(3).
66.—(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 11(1) of the Oil and Fibre 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 64(3).
67.—(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)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 C1 seed;
(c)that has been packed in a sealed package in accordance with the requirements of Article 11(1) of the Oil and Fibre 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)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 64(3).
68.—(1) In these Regulations “not finally certified C2 seed harvested in another member State” means C2 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 or C1 seed, 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 C2 seed;
(c)that has been packed in a sealed package in accordance with the requirements of Article 11(1) of the Oil and Fibre 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 C2 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 64(3).
69.—(1) In these Regulations “not finally certified C3 seed harvested in another member State” means C3 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 [F53officially certified basic, C1 or C2] seed, 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 C3 seed;
(c)that has been packed in a sealed package in accordance with the requirements of Article 11(1) of the Oil and Fibre 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 C3 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 64(3).
Textual Amendments
F53Words in Sch. 1 para. 69(1)(b) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(q)
70.—(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 [F54Part A of Annex II 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 [F55Part A of Annex II 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 [F56an Annex 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.
Textual Amendments
F54Words in Sch. 1 para. 70(1)(b)(ii) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(r)(i)
F55Words in Sch. 1 para. 70(1)(c) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(r)(ii)
F56Words in Sch. 1 para. 70(1)(e) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(r)(iii)
71.—(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)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 [F57Part A of Annex II to the Third Country Equivalence Decision] , to satisfy the Directive crop conditions for C1 seed;
(c)that has been packed in a sealed package and labelled in accordance with the requirements specified in paragraph 2 of [F58Part A of Annex II 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 [F59an Annex 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.
Textual Amendments
F57Words in Sch. 1 para. 71(1)(b)(ii) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(s)(i)
F58Words in Sch. 1 para. 71(1)(c) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(s)(ii)
F59Words in Sch. 1 para. 71(1)(e) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(s)(iii)
72.—(1) In these Regulations “not finally certified C2 seed harvested in an equivalent third country” means C2 seed—
(a)to which sub-paragraph (2) applies;
(b)that has been harvested from a crop that—
(i)has been produced in an equivalent third country directly from officially certified basic seed or C1 seed; and
(ii)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 A of Annex II to the Third Country Equivalence Decision, to satisfy the Directive crop conditions for C2 seed;
(c)that has been packed in a sealed package and labelled in accordance with the requirements specified in paragraph 2 of Part A of Annex II 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 an Annex 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 C2 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.]
Textual Amendments
F60Sch. 1 para. 72 inserted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(11)(t)
Regulation 5(1)
1. Black mustard.U.K.
2. Brown mustard.U.K.
3. Flax.U.K.
[F613A. Hemp.]U.K.
Textual Amendments
F61Sch. 2 para. 3A inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(13)
4. Linseed.U.K.
5. Soya bean.U.K.
6. Sunflower.U.K.
7. Swede rape including fodder rape and oilseed rape.U.K.
8. Turnip rape.U.K.
9. White mustard.U.K.
Regulations 8(8)(a) and (b), (10) to (13), (15)(c), 10(3)(a) and (b) and (4)(a), (b), (c) and (d), 11(6) and (15)(a) and (b), 13(5)(e), 14(1)(b), paragraphs 2(3)(a), 5(3)(a), 7(3)(a), 10(3)(a), 14(3)(a), 18(3)(a), 20(3)(a), 24(3)(a), 28(3)(a), 32(3)(a), 36(3)(a), 40(3)(a), 44(3)(a), 47(3)(a), 51(3)(a), 54(3)(a) and 63(7)(a), (9)(a) and (10)(a) of Schedule 1 and paragraph 4 of Schedule 4
1.—(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.U.K.
(2) In the case of a hybrid of swede rape F62... the crop shall be raised in a production ground where five years have elapsed since plants of cruciferae were last grown.
Textual Amendments
F62Words in Sch. 3 para. 1(2) revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(14)(a)
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—U.K.
Crop | Minimum distance |
---|---|
1 | 2 |
(a)Black mustard, brown mustard, [F63dioecious hemp,] swede rape,turnip rape and white mustard except hybrids of swede rape F64...— | |
(i)for the production of basic seed | 400 metres |
(ii)for the production of CS seed | 200 metres |
(b)Hybrids of swede rape F65...— | |
(i)for the production of basic seed | 500 metres |
(ii)for the production of CS seed | 300 metres |
(c)Sunflower— | |
(i)for the production of basic seed of hybrids | 1,500 metres |
(ii)for the production of basic seed of varieties other than hybrids | 750 metres |
(iii)for the production of CS seed (hybrids and non-hybrids) | 500 metres |
[F66(d)Monoecious hemp | |
(i)for the production of basic seed | 5,000 metres |
(ii)for the production of [F67C1 and C2] seed | 1,000 metres] |
Textual Amendments
F63Words in Sch. 3 para. 2 inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 12(14)(b)(i)(aa)
F64Words in Sch. 3 para. 2 revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(14)(b)(i)(bb)
F65Words in Sch. 3 para. 2 revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(14)(b)(ii)
F66Words in Sch. 3 para. 2 inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(14)(c)
F67Words in Sch. 3 para. 2(d)(ii) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(12)
3. Paragraph 2 shall not apply if there is sufficient protection from any undesirable foreign pollination.U.K.
4. Subject to paragraphs 5 and 6, the crop shall have sufficient varietal identity and varietal purity.U.K.
5. In the case of an inbred line F68..., the crop shall have sufficient identity and purity as regards its characteristics.U.K.
Textual Amendments
F68Words in Sch. 3 para. 6 revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(14)(d)
6. For the production of seed of a hybrid variety F68..., the requirement for sufficient identity and purity shall also apply to the characteristics of the components including male sterility or fertility restoration.U.K.
Textual Amendments
F68Words in Sch. 3 para. 6 revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(14)(d)
7. In the case of black and brown mustard, [F69and dioecious hemp,] the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed—U.K.
(a)one per 30 square metres for the production of basic seed, and
(b)one per 10 square metres for the production of CS seed.
Textual Amendments
F69Words in Sch. 3 para. 7 inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(14)(e)
[F707A. In the case of monoecious hemp, the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed—U.K.
(a)one per 30 square metres for the production of basic seed; and
(b)one per 10 square metres for the production of C1 and C2 seed.]
Textual Amendments
F70Sch. 3 para. 7A inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(14)(f)
8. In the case of a hybrid of sunflower, the percentage by number of plants which are recognisable as obviously not being true to the inbred line or the component shall not exceed—U.K.
(a)for the production of basic seed—
(i)in the case of an inbred line; 0.2%;
(ii)in the case of a male parent of a simple hybrid which has shed pollen while 2% or more of the female plants have receptive flowers; 0.2%; and
(iii)in the case of a female parent; 0.5%;
(b)for the production of CS seed—
(i)in the case of a male component which has shed pollen while 5% or more of the female plants have receptive flowers; 0.5%; and
(ii)in the case of a female component; 1%;
9. In the case of the production of seed of a hybrid variety of sunflower—U.K.
(a)sufficient pollen shall be shed by the plants of the male component while the plants of the female component are in flower;
(b)where the female component plants have receptive stigmas, the percentage by number of female component plants which have shed pollen or are shedding pollen shall not exceed 0.5%;
(c)for the production of basic seed, the total percentage by number of plants of the female component which are recognisable as obviously not being true to the component and which have shed pollen or are shedding pollen shall not exceed 0.5%; and
(d)where a female male sterile component and a male component which contains a specific restorer line or lines which restore male fertility has been used for the production of CS seed, at least one third of the plants grown from CS seed of the resulting hybrid shall produce pollen which appears normal in all respects.
[F719A. In the case of the production of a hybrid variety of swede rape produced using the male sterility the percentage by number of plants which are recognisable as obviously not being true to the inbred line or the component shall not exceed—U.K.
(a)for the production of basic seed—
(i)in the case of an inbred line; 0.1%;
(ii)in the case of a male component of a simple hybrid; 0.1%; and
(iii)in the case of a female component of a simple hybrid; 0.2%; and
(b)for the production of CS seed—
(i)in the case of a male component; 0.3%; and
(ii)in the case of a female component; 1.0%.]
Textual Amendments
F71Sch. 3 para. 9A inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(14)(g)
10. In a case where a male-sterile component is used for the production of seed of a hybrid variety of swede rape F72... male sterility shall be [F73at least 99% for the production of basic seed and at least 98% for the production of CS seed.] The level of male sterility shall be assessed by examining flowers for the absence of fertile anthers.U.K.
Textual Amendments
F72Words in Sch. 3 para. 10 revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(14)(h)(i)
F73Words in Sch. 3 para. 10 substituted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(14)(h)(ii)
11. Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level including, in the case of soya bean, Pseudomonas syringae pv. glycinea, Diaporthe phaseolorum var. caulivora and var. sojae, Phialophora gregata and Phytophthora megasperma f.s.p. glycinea.U.K.
12.—(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.U.K.
(2) A crop from which CS, C1, C2 or C3 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) Subject to sub-paragraphs (5) and (6), at least one field inspection of the crop shall be carried out.
(5) At least two field inspections shall be carried out in the case of a hybrid of sunflower.
(6) At least three field inspections shall be carried out in the case of a hybrid of swede rape F74... and shall be carried out as follows—
(a)the first inspection shall be carried out before the flowering stage;
(b)the second inspection shall be carried out at the early flowering stage; and
(c)the third inspection shall be carried out at the end of the flowering stage.
Textual Amendments
F74Words in Sch. 3 para. 12 (6) revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(14)(i)
13. 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.U.K.
Regulations 2(1), 8(8)(a) and (b), (10) to (13), (15)(c), 10(3)(a) and (b) and (4)(a), (b), (c) and (d) ,11(6), (8)(a), (10) to (13), (15)(a) and (b), 13(3) and (5)(e), (f) and (g), 14(1)(b) and (c), paragraphs 2(3)(a), 5(3)(a), 7(3)(a), 10(3)(a), 14(3)(a), 18(3)(a), 20(3)(a), 24(3)(a), 28(3)(a), 32(3)(a), 36(3)(a), 40(3)(a), 44(3)(a), 47(3)(a), 51(3)(a), 54(3)(a), 58(3)(a) and (b), 60(3)(a) and (c), 63(5)(a) and (b), (7)(a) and (b), (9)(a) and (b) and (10)(a) and (b) of Schedule 1 and paragraph 12(1) and (2) of Schedule 2
1. The seed shall have sufficient varietal identity and varietal purity.U.K.
2. In the case of seed of a hybrid variety of swede rapeF75..., the requirement for sufficient identity and purity shall also apply to the varietal characteristics of its components including restoration of male sterility or fertility (as the case may be)U.K.
Textual Amendments
F75Words in Sch. 4 para. 2 revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(15)(a)
3. 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—U.K.
[F76Species and category | Minimum varietal purity |
---|---|
(percentage) | |
Column (1) | Column (2) |
(a)Flax — (i)basic seed (ii)C1 seed (iii)C2 seed (iv)C3 seed | 99.7 98.0 97.5 97.5 |
(b)Linseed — (i)basic seed (ii)C1 seed (iii)C2 seed [F77(iv) C3 linseed | 99.7 98.0 97.5 97.5] |
(c)Soya bean — (i)basic seed (ii)C1 seed (iii)C2 seed | 99.5 99.0 99.0 |
(d)Sunflower except hybrid varieties and components of hybrid varieties — (i)basic seed (ii)CS seed | 99.7 99.0 |
(e)Swede rape and turnip rape except hybrid varieties, components of hybrid varieties and varieties to be used solely for fodder purposes — (i)basic seed (ii)CS seed | 99.9 99.7 |
(f)Swede rape and turnip rape varieties to be used solely for fodder purposes except hybrid varieties and components of hybrid varieties — (i)basic seed (ii)CS seed | 99.7 99.0 |
(g)Components of hybrid varieties of swede rape and hybrid varieties produced using male sterility — (i)basic seed, female component (ii)basic seed, male component (iii)CS seed | 99.0 99.9 90.0] |
Textual Amendments
F76Sch. 4 para. 3 Table substituted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(15)(b)
F77Words in Sch. 4 inserted (26.10.2005) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2674), regs. 1, 2(10)(a)
4. For the purposes of paragraph 3, the minimum varietal purity of seed shall be examined mainly in field inspections carried out in accordance with the conditions laid down in paragraph 12 of Schedule 3.U.K.
5. Where a female male-sterile component and a male component which does not restore male fertility are used for the production of CS seed of a hybrid variety of sunflower, the seed produced by the female male sterile component shall be blended with seed produced by the male component. The ratio of seed produced by the female male sterile component to seed produced by the male fertile component shall not exceed two to one.U.K.
6. In the case of basic seed of a component of a hybrid variety of swede rape F78..., the varietal purity of that seed may be assessed by a biochemical method where the official post-control of samples of the basic seed has not been carried out in accordance with paragraph 10.U.K.
Textual Amendments
F78Words in Sch. 4 para. 6 revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(15)(c)
7.—(1) Subject to paragraph (2), the seed shall conform to the following standards or other conditions as regards analytical purity and content of seeds of other plant species—U.K.
Species and category | Minimum analytical purity (% by weight) | Maximum content of seed of other plant species (percentage by weight) | Maximum content by number of seeds of other plants species in a sample of the weight specified in column 4 of the table in Schedule 7 | ||||||
---|---|---|---|---|---|---|---|---|---|
All other plant species (including seeds of the species specified in columns 5 to 10) | Wild oat (Avena fatua, Avena sterilis and Avena ludoviciana) | Dodder (Cuscuta spp.) | Wild radish Raphanus raphanistrum | Docks (Rumex spp. other than R. acetosella) | Blackgrass (Alopecurus myosuroides) | Lolium remotum | |||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
Black mustard, brown mustard, white mustard, swede rape and turnip rape— | |||||||||
(a)basic seed | 98 | 0.3 | Not applicable | 0 | 0 | 10 | 2 | Not applicable | Not applicable |
(b)CS seed | 98 | 0.3 | Not applicable | 0 | 0 | 10 | 5 | Not applicable | Not applicable |
Flax—basic, C1, C2 and C3 seed | 99 | Not applicable | 15 | 0 | 0 | Not applicable | Not applicable | 4 | 2 |
[F79Hemp – basic, CS, C1 and C2 seed (*) | 98 | Not applicable | 30 | 0 | 0 | Not applicable | Not applicable | Not applicable | Not applicable] |
[F80Linseed—basic, C1, C2 and C3 seed] | 99 | Not applicable | 15 | 0 | 0 | Not applicable | Not applicable | 4 | 2 |
Soya bean—basic, C1 and C2 seed | 98 | Not applicable | 5 | 0 | 0 | Not applicable | Not applicable | Not applicable | Not applicable |
Sunflower—basic and CS seed | 98 | Not applicable | 5 | 0 | 0 | Not applicable | Not applicable | Not applicable | Not applicable |
[F81(*) Hemp seed shall be free from Orobanche spp. However, the presence of one seed of Orobanche spp. in a sample of 100 grams shall not be regarded as an impurity where a second sample of 200 grams is free from any such seeds.]
(2) The presence of one seed of dodder (Cuscuta spp.) in a sample of —
(a)brown mustard;
(b)black mustard;
(c)flax;
(d)linseed;
(e)swede rape;
(f)turnip rape; or
(g)white mustard;
shall not be regarded as an impurity where a second sample of the same weight is free from any seeds of dodder.
Textual Amendments
F79Words in Sch. 4 para. 7(1) inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(15)(d)
F80Words in Sch. 4 substituted (26.10.2005) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2674), regs. 1, 2(10)(b)(i)
F81Words in Sch. 4 para. 7(1) inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(15)(e)
8. It shall be determined, by way of a germination test, whether the seed attains the applicable percentage of germination set out in column 2 of the table below—U.K.
Species and category | Minimum germination (% of pure seed) |
---|---|
Column (1) | Column (2) |
Basic, C1, C2 and C3 seed of flax | 92 |
[F82Basic, CS, C1 and C2 seed of hemp | 75] |
[F83Basic, C1, C2 and C3 seed of linseed] | 85 |
Basic and CS seed of black mustard, brown mustard, swede rape and turnip rape | 85 |
Basic and CS seed of white mustard | 85 |
Basic, C1 and C2 seed of soya bean | 80 |
Basic and CS seed of sunflower | 85 |
Textual Amendments
F82Words in Sch. 4 para. 8 inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(15)(f)
F83Words in Sch. 4 substituted (26.10.2005) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2674), regs. 1, 2(10)(b)(ii)
9.—(1) Subject to paragraph (2), in any sample of seed of the species specified in column 1 of the following table harmful organisms of the type specified in columns 2, 3 and 4 of the table shall not exceed the number specified in the relevant corresponding entry of the table—U.K.
Species | Harmful organisms | ||
---|---|---|---|
Maximum percentage by number of seeds contaminated by harmful organisms (total per column) | |||
Botrytis | Alternaria spp., Ascochyta linicola (syn. Phoma linicola), Collectotrichum lini, Fusarium spp. | Sclerotinia sclerotiorum (maximum number of sclerotia or fragments of sclerotia in a sample of the weight specified in column 4 of the table in Schedule 7 | |
Column (1) | Column (2) | Column (3) | Column (4) |
Flax | 5 | 5 | Not applicable |
[F84Hemp | 5 | Not applicable | Not applicable] |
Linseed | 5 | 5 | Not applicable |
Sunflower | 5 | Not applicable | 10 |
Swede rape | Not applicable | Not applicable | 10 |
Turnip rape | Not applicable | Not applicable | 5 |
White mustard | Not applicable | Not applicable | 5 |
(2) In the case of flax, the maximum percentage by number of seeds contaminated by Ascochyta linicola (syn Phoma linicola) shall not exceed 1%.
(3) In the case of seed of soya bean—
(a)the maximum number of sub-samples within a sample of 5,000 seeds minimum per lot sub-divided into 5 sub-samples which have been found to be contaminated by Pseudomonas syringae pv. glycinea shall not exceed 4;
(b)the maximum number of seeds contaminated by Diaporthe phaseolorum shall not exceed 15%; and
(c)the percentage by weight of inert matter shall not exceed 0.3%.
Textual Amendments
F84Words in Sch. 4 para. 9(1) inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(15)(g)
10. Subject to paragraph 6, seed of a hybrid variety of swede rape F85... shall not be certified as CS seed unless due account has been taken of the results of official post-control tests on samples of basic seed and carried out during the growing season of the seed entered for certification as CS seed to ascertain whether the basic seed has met the requirements for basic seed laid down in these Regulations in respect of identity and purity as regards the characteristics of the components, including male sterility.U.K.
Textual Amendments
F85Words in Sch. 4 para. 10(1) revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(15)(h)
11. Subject to paragraph 9, harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level that can be achieved.U.K.
12. For the purpose of determining whether seed meets the conditions laid down in this Schedule—U.K.
(a)pre-basic seed shall be treated in the same way as basic seed, and
(b)the provisions of Part II shall apply, insofar as they may be relevant, to commercial seed in the same way as they apply to CS seed.
Regulation 13(1)
Column (1) | Column (2) |
---|---|
1.—(a) UK, EC [F86, third country] 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 black mustard, brown mustard, [F87dioecious hemp,] sunflower, swede rape, turnip rape and white mustard, UK, EC, third country or overseas tested officially certified CS seed of a listed variety (d)in the case of flax, linseed [F87, monoecious hemp] and soya bean, UK, EC, third country or overseas tested officially certified C1 seed of a listed variety (e)in the case of flax, linseed [F87, monoecious hemp] and soya bean, UK, EC [F88, third country] or overseas tested officially certified C2 seed of a listed variety (f)in the case of flax [F89and linseed] , UK, EC [F90, third country] or overseas tested officially certified C3 seed of a listed variety | (a)UK officially certified pre-basic seed of a listed variety (b)UK officially certified basic seed of a listed variety (c)in the case of black mustard, brown mustard,[F87dioecious hemp,] sunflower, swede rape, turnip rape and white mustard, UK officially certified CS seed of a listed variety (d)in the case of flax, linseed[F87, monoecious hemp] and soya bean, UK officially certified C1 seed of a listed variety (e)in the case of flax, linseed[F87, monoecious hemp] and soya bean, UK officially certified C2 seed of a listed variety (f)in the case of flax [F91and linseed] , UK officially certified C3 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 black mustard, brown mustard,[F87dioecious hemp,] sunflower, swede rape, turnip rape and white mustard, UK or EC officially certified early movement CS seed of a listed variety (d)in the case of flax, linseed[F87, monoecious hemp] and soya bean, UK or EC officially certified early movement C1 seed of a listed variety (e)in the case of flax, linseed[F87, monoecious hemp] and soya bean, UK or EC officially certified early movement C2 seed of a listed variety (f)in the case of flax [F92and linseed] , UK or EC officially certified early movement C3 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 black mustard, brown mustard,[F87dioecious hemp,] sunflower, swede rape, turnip rape and white mustard, UK officially certified early movement CS seed of a listed variety (d)in the case of flax, linseed[F87, monoecious hemp] and soya bean, UK officially certified early movement C1 seed of a listed variety (e)in the case of flax, linseed[F87, monoecious hemp] and soya bean, UK officially certified early movement C2 seed of a listed variety (f)in the case of flax [F92and linseed], UK officially certified early movement C3 seed of a listed variety |
3. F93...— (a)UK, EC [F86, third country] or overseas tested officially certified pre-basic seed of a component used in the production of a listed hybrid variety (b)UK, EC, third country or overseas tested officially certified basic seed of a component of a listed hybrid variety | F93...— (a) UK officially certified pre-basic seed of a component used in the production of a listed hybrid variety (b) UK officially certified basic seed of a component of a listed hybrid variety. |
4. F93...— (a)UK or EC officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety (b)UK or EC officially certified early movement basic seed of a component of a listed hybrid variety. | F93... — (a) UK officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety (b) UK officially certified early movement basic seed of a component of a listed hybrid variety. |
Textual Amendments
F86Words in Sch. 5 inserted (27.7.2007) by The Seed (Miscellaneous Amendments) (England) Regulations 2007 (S.I. 2007/1872), regs. 1, 5(8)
F87Words in Sch. 5 inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(16)(a)-(d)
F88Words in Sch. 5 para. 1(e) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(13)(a)
F89Words in Sch. 5 inserted (26.10.2005) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2674), regs. 1, 2(11)(a)
F90Words in Sch. 5 para. 1(f) substituted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(13)(b)
F91Words in Sch. 5 inserted (26.10.2005) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2674), regs. 1, 2(11)(b)
F92Words in Sch. 5 inserted (26.10.2005) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2005 (S.I. 2005/2674), regs. 1, 2(11)(c)(d)
F93Words in Sch. 5 revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(16)(e)-(h)
Regulation 15(1)
1. Breeders seed.
2. UK officially certified pre-basic seed of a listed variety.
3. EC officially certified pre-basic seed of a listed variety.
[F943A. Third country officially certified pre-basic seed of a listed variety.]
Textual Amendments
F94Sch. 6 para. 3A inserted (27.7.2007) by The Seed (Miscellaneous Amendments) (England) Regulations 2007 (S.I. 2007/1872), regs. 1, 5(9)(a)
4. Overseas tested officially certified pre-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.
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.
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.
17. UK officially certified C2 seed of a listed variety.
18. EC officially certified C2 seed of a listed variety.
[F9518A. Third country officially certified C2 seed of a listed variety.]
Textual Amendments
F95Sch. 6 para. 18A inserted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(14)(a)
19. Overseas tested officially certified C2 seed of a listed variety.
20. UK officially certified C3 seed of a listed variety.
21. EC officially certified C3 seed of a listed variety.
[F9621A. Third country officially certified C3 seed of a listed variety.]
Textual Amendments
F96Sch. 6 para. 21A inserted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(14)(b)
22. Overseas tested officially certified C3 seed of a listed variety.
23. UK officially certified commercial seed.
24. EC officially certified commercial seed.
25. UK officially certified early movement pre-basic seed of a listed variety.
26. EC officially certified early movement pre-basic seed of a listed variety.
27. UK officially certified early movement basic seed of a listed variety.
28. EC officially certified early movement basic seed of a listed variety.
29. UK officially certified early movement CS seed of a listed variety.
30. EC officially certified early movement CS seed of a listed variety.
31. UK officially certified early movement C1 seed of a listed variety.
32. EC officially certified early movement C1 seed of a listed variety.
33. UK officially certified early movement C2 seed of a listed variety.
34. EC officially certified early movement C2 seed of a listed variety.
35. UK officially certified early movement C3 seed of a listed variety.
36. EC officially certified early movement C3 seed of a listed variety.
37. UK officially certified early movement commercial seed.
38. EC officially certified early movement commercial seed.
39. UK officially certified pre-basic seed of a component used in the production of a listed hybrid variety.
40. EC officially certified pre-basic seed of a component used in the production of a listed hybrid variety.
[F9740A. Third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety.]
Textual Amendments
F97Sch. 6 para. 40A inserted (27.7.2007) by The Seed (Miscellaneous Amendments) (England) Regulations 2007 (S.I. 2007/1872), regs. 1, 5(9)(b)
41. Overseas tested officially certified pre-basic seed of a component used in the production of a listed hybrid variety.
42. UK officially certified basic seed of a component of a listed hybrid variety.
43. EC officially certified basic seed of a component of a listed hybrid variety.
44. Third country officially certified basic seed of a component of a listed hybrid variety.
45. Overseas tested officially certified basic seed of a component of a listed hybrid variety.
46. UK officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety.
47. EC officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety.
48. UK officially certified early movement basic seed of a component of a listed hybrid variety.
49. EC officially certified early movement basic seed of a component of a listed hybrid variety.
Regulations 2(1), 23((2),(3), (4) and 27(6)
Column 1 | Column 2 | Column 3 | Column 4 |
---|---|---|---|
Species | Maximum weight of a seed lot | Minimum weight of a sample to be drawn from a seed lot | Weight of the sample for determination by number in accordance with Part II of Schedule 4 |
(tonnes) | (grams) | (grams) | |
Flax | 10 | 300 | 150 |
[F98Hemp | 10 | 600 | 600] |
Linseed | 10 | 300 | 150 |
Black mustard | 10 | 100 | 40 |
Brown mustard | 10 | 100 | 40 |
White mustard | 10 | 400 | 200 |
Soya bean | 25 | 1,000 | 1,000 |
Sunflower | 25 | 1,000 | 1,000 |
Swede rape | 10 | 200 | 100 |
Turnip rape | 10 | 200 | 70 |
Textual Amendments
F98Words in Sch. 7 inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(17)
Regulation 26(2), (3)(a), (4)(a),(5), (6)(a),(7),(8)(a)(ii), (10)(a),(16) and (17)(a) and (b).
1. The following particulars shall be given—U.K.
(a)“complies with legal standards”;
(b)the species; and
(c)except in the case of commercial seed, the variety.
2. The package shall be labelled, not later than the time of sealing, on the outside with a supplier’s label containing the following particulars—U.K.
(a)the name and address of the supplier responsible for affixing the labels or his registered number;
(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.
3. The label referred to in paragraph 2 shall be coloured buff.U.K.
4. 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—U.K.
(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.
5. The label referred to in paragraph 4 shall be coloured white with a diagonal violet line.U.K.
6. The minimum size of the label referred to in paragraph 4 shall be 110 mm x 67 mm.U.K.
7. The label referred to in paragraph 4—U.K.
(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.
8. 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;
(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;
(k)in the case of basic seed which is a component of a hybrid variety, where the component has been officially accepted on a National List or the Common Catalogue, the name under which it has been officially accepted, with or without a reference to the hybrid variety, accompanied, in the case of a component intended solely as a component for a hybrid variety, by the word “component”;
(l)in the case of basic seed which is a component of a hybrid variety where the component has not been officially accepted on a National List or the Common Catalogue, the name of the component, which may be given in code form, accompanied by a reference to the hybrid variety, with or without reference to its function (male or female) and accompanied by the word “component”; and
(m)in the case of CS seed which is a hybrid, the name of the variety to which the seed belongs, accompanied by the word “hybrid”; and
(n)in the case of officially certified CS seed that is intended to be used as a component of a varietal association F99..., a reference to its function (male or female), accompanied by the word “component” and the name of the final varietal association.
Textual Amendments
F99Words in Sch. 8 para. 8(n) revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(18)(a)
9. Where at least germination has been retested, the words “retested” followed by the month and year of retesting and the service responsible for such retesting may be indicated on the official label referred to in paragraph 8 or on an official sticker attached to the official label.
10. The minimum size of the label referred to in paragraph 8 shall be 110 mm x 67 mm.
11. The label referred to in paragraph 8 shall be coloured—
(a)white for basic seed;
(b)blue for CS and C1 seed; and
(c)red for C2 and C3 seed.
12. The label referred to in paragraph 8—
(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
13. The package shall be labelled, not later than the time of sealing—
(a)subject to paragraph 14, on the outside;
(b)with a label, a printed notice or stamp containing the following information—
(i)“EC rules and standards”;
(ii)the name and address of the supplier responsible for fixing the label or his registration number;
(iii)the reference number of the seed lot;
(iv)the species;
(v)the variety;
(vi)the category;
(vii)the declared weight or declared number of seeds except in the case of packages not exceeding 15 grams net weight.
14. If the packaging material is transparent the label, notice or stamp referred to in paragraph 13 may be placed inside the package provided it can be read through the packaging.
15. The label, notice or stamp referred to in paragraph 13 shall be coloured—
(a)white for basic seed;
(b)blue for CS and C1seed; and
(c)red for C2 and C3 seed.
16. 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; and
(i)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.
17. Where at least germination has been retested, the words “retested” followed by the month and year of retesting and the service responsible for such retesting may be indicated on the official label referred to in paragraph 16 or on an official sticker attached to the official label.
18. The minimum size of the label referred to in paragraph 16 shall be 110 mm x 67 mm.
19. The label referred to in paragraph 16 shall be coloured brown.
20. The label referred to in paragraph 16—
(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 Secretary of State in that behalf or by or under the supervision of a licensed seed sampler.
21. The package shall be labelled, not later than the time of sealing—
(a)subject to paragraph 22, on the outside;
(b)with a label, a printed notice or stamp containing the following information—
(i)“EC rules and standards”;
(ii)the name and address of the supplier responsible for fixing the label or his registration number;
(iii)the reference number of the seed lot;
(iv)the species;
(v)the words “commercial seed (not certified as to variety)”;
(vi)the declared weight or declared number of seeds except in the case of packages not exceeding 15 grams net weight.
22. If the packaging material is transparent the label, notice or stamp referred to in paragraph 21 may be placed inside the package provided it can be read through the packaging.
23. The label, notice or stamp referred to in paragraph 21 shall be coloured brown.
24. 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—U.K.
(a)the words “EC rules and standards” F100...;
(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 expressed by the word “Sealed” followed by the month and year of sealing;
(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 words “varietal association” followed by its name;
(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 additive and also the approximate ratio between the weight of pure seeds and the total weight;
(k)the percentages by [F101weight] of the various components in the varietal association shown by variety unless this has been notified to the purchaser on request and notified to the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development.
Textual Amendments
F100Words in Sch. 8 para. 24(a) revoked (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(18)(b)(i)
F101Word in Sch. 8 para. 24(k) substituted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(18)(b)(ii)
25. Where at least germination of the components of the varietal association have been retested, the words “retested” followed by the month and year of retesting and the service responsible for such retesting may be indicated on the official label referred to in paragraph 24 or on an official sticker attached to the official label.U.K.
26. The minimum size of the label referred to in paragraph 24 shall be 110 mm x 67 mm.U.K.
27. The label referred to in paragraph 24 shall be coloured blue with a diagonal green line.U.K.
28. The label referred to in paragraph 24—U.K.
(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.
29. The printing or stamping of the packages shall be under the supervision of the Secretary of State.
30. 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 8.
31. Arrangements shall be made with the printers for returns to be made to the Secretary of State of the number of packages printed or stamped pursuant to regulation 26(18) and of the individual serial numbers of such packages.
32. 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 the authorised officer or licensed seed sampler at the time of sampling for official examination.
33. There shall be kept such records or seed packaged and marketed pursuant to regulation 26(18) as may be required by the Secretary of State.
34. Each package of seed marketed in accordance with regulation 26(18) 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 16.
35. 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.
Textual Amendments
F102Sch. 9 Pt. 8 inserted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 5(8)
36. 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 name of the certifying authority and member State or their distinguishing abbreviations;
(b)the reference number of the lot;
(c)the month and year of sealing;
(d)the species;
(e)the denomination of the variety under which the seed is to be marketed (which may be the breeder’s reference, the proposed denomination or the approved denomination) and the official application number for listing the variety, if any;
(f)the statements “variety not yet officially listed” and “for tests and trials only”;
(g)the declared net or gross weight or declared number of pure seeds or, where applicable, clusters; and
(h)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and the approximate ratio between the weight of pure seeds or, where applicable, clusters and the total weight.
37. The label referred to in paragraph 36 shall be coloured orange.
38. The label referred to in paragraph 36 shall be—
(a)adhesive; and
(b)affixed 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.]
Textual Amendments
F103Sch. 8 Pt. 9 inserted (30.6.2009) by The Seed (Conservation Varieties Amendments) (England) Regulations 2009 (S.I. 2009/1274), regs. 1, 30
39.—(1) The package must be labelled, not later than the time of sealing, on the outside with a supplier’s label, or a printed or stamped notice, containing the following particulars—
(a)the words “EC rules and standards”;
(b)the name and address, or the registration number, of the person responsible for affixing the label or notice;
(c)the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word “sealed” or “sampled” (as the case may be), followed by the year in question;
(d)the species;
(e)the denomination of the conservation variety;
(f)the words “conservation variety”;
(g)the region of origin;
(h)where the region of seed production is different from the region of origin, the indication of the region of seed production;
(i)the reference number of the lot given by the person responsible for affixing the label;
(j)the declared net or gross weight or declared number of seeds; and
(k)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight.
(2) The label or notice must be coloured brown.]
Regulation 27(2)
Stated minimum percentage of germination | Limit of variation |
---|---|
(expressed as an integer) | Per cent |
99-100 | 2 |
97-98 | 3 |
94-96 | 4 |
91-93 | 5 |
87-90 | 6 |
82-86 | 7 |
76-81 | 8 |
70-75 | 9 |
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 |
Stated maximum percentage of number 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 | 0.5 |
Maximum number of seeds of other species | Limit of variation |
---|---|
number | |
0 | 1 |
1 | 3 |
2 | 4 |
3 and 4 | 5 |
5 and 6 | 6 |
7 and 8 | 7 |
9 to 11 | 8 |
12 to 14 | 9 |
15 to 17 | 10 |
18 to 21 | 11 |
22 to 25 | 12 |
26 to 29 | 13 |
30 to 34 | 14 |
35 to 40 | 15 |
41 to 45 | 16 |
46 to 50 | 17 |
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 |
---|---|
[F104the 2004 Commission Decision | Regulation 2(1)] |
the Act | Regulation 2(1) |
[F105Annex II.A(3) official certificate | Regulation 2(1)] |
Annex V(C) document | Regulation 2(1) |
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 13 of Schedule 1 |
black mustard | Regulation 3 |
blended seed lot | Regulation 2(1) |
brown mustard | Regulation 3 |
breeder | Regulation 2(1) |
breeder’s seed | Regulation 2(1) |
C1 seed | Paragraph 35 of Schedule 1 |
C2 seed | Paragraph 43 of Schedule 1 |
C3 seed | Paragraph 50 of Schedule 1 |
commercial seed | Paragraph 57 of Schedule 1 |
CS seed | Paragraph 27 of Schedule 1 |
Common Catalogue | Regulation 2(1) |
Common Catalogue Directive | Regulation 2(1) |
component | Regulation 2(1) |
control plot | Regulation 2(1) |
[F106Deliberate Release Directive | Regulation 2(1)] |
Department of Agriculture and Rural Development | Regulation 2(1) |
Directive crop conditions | Regulation 2(1) |
Directive seed conditions | Regulation 2(1) |
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 21 of Schedule 1 |
EC officially certified basic seed of a listed variety | Paragraph 15 of Schedule 1 |
EC officially certified early movement basic seed of a component of a listed hybrid variety | Paragraph 25 of Schedule 1 |
EC officially certified early movement basic seed of a listed variety | Paragraph 19 of Schedule 1 |
EC officially certified early movement C1 seed of a listed variety | Paragraph 41 of Schedule 1 |
EC officially certified early movement C2 seed of a listed variety | Paragraph 48 of Schedule 1 |
EC officially certified early movement C3 seed of a listed variety | Paragraph 55 of Schedule 1 |
EC officially certified early movement commercial seed | Paragraph 61 of Schedule 1 |
EC officially certified early movement CS seed of a listed variety | Paragraph 33 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 37 of Schedule 1 |
EC officially certified C2 seed of a listed variety | Paragraph 45 of Schedule 1 |
EC officially certified C3 seed of a listed variety | Paragraph 52 of Schedule 1 |
EC officially certified commercial seed | Paragraph 59 of Schedule 1 |
EC officially certified CS seed of a listed variety | Paragraph 29 of Schedule 1 |
EC officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety | Paragraph 11 of Schedule 1 |
EC officially certified pre-basic seed of a component used in the production of a listed hybrid variety | Paragraph 8 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) |
final seed test report | Regulation 12(6) |
flax | Regulation 3 |
[F107Food and Feed Regulation | Regulation 2(1)] |
genetically modified | Regulation 2(1) |
germination condition | Regulation 2(1) |
grey label | Paragraph 64(3) of Schedule 1 |
[F108hemp | Regulation 3.] |
homogeneous seed lot | Regulation 2(1) |
ISTA | Regulation 2(1) |
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) |
linseed | Regulation 3 |
listed variety | Regulation 2(1) |
listing | Regulation 2(1) |
maintainer | Regulation 2(1) |
marketing | Regulation 4 |
marketing extension | Regulation 2(1) |
member State | Regulation 2(1) |
a National List | Regulation 2(1) |
not finally certified basic seed harvested in another member State | Paragraph 65 of Schedule 1 |
not finally certified C1 seed harvested in an equivalent third country | Paragraph 71 of Schedule 1 |
not finally certified CS seed harvested in an equivalent third country | Paragraph 70 of Schedule 1 |
not finally certified C1 seed harvested in another member State | Paragraph 67 of Schedule 1 |
not finally certified C2 seed harvested in another member State | Paragraph 68 of Schedule 1 |
not finally certified C3 seed harvested in another member State | Paragraph 69 of Schedule 1 |
not finally certified CS seed harvested in another member State | Paragraph 66 of Schedule 1 |
not finally certified pre-basic seed harvested in another member State | Paragraph 64 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 26 of Schedule 1 |
officially certified C1 seed | Paragraph 42 of Schedule 1 |
officially certified C2 seed | Paragraph 49 of Schedule 1 |
officially certified C3 seed | Paragraph 56 of Schedule 1 |
officially certified commercial seed | Paragraph 62 of Schedule 1 |
officially certified CS seed | Paragraph 34 of Schedule 1 |
officially certified pre-basic seed | Paragraph 12 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) |
the Oil and Fibre Plant Seed Directive | Regulation 2(1) |
overseas tested officially certified basic seed of a component of a listed hybrid variety | Paragraph 23 of Schedule 1 |
overseas tested officially certified basic seed of a listed variety | Paragraph 17 of Schedule 1 |
overseas tested officially certified C1 seed of a listed variety | Paragraph 39 of Schedule 1 |
overseas tested officially certified C2 seed of a listed variety | Paragraph 46 of Schedule 1 |
overseas tested officially certified C3 seed of a listed variety | Paragraph 53 of Schedule 1 |
overseas tested officially certified CS seed of a listed variety | Paragraph 31 of Schedule 1 |
overseas tested officially certified pre-basic seed of a component used in the production of a listed hybrid variety | Paragraph 9 of Schedule 1 |
overseas tested officially certified pre-basic seed of a listed variety | Paragraph 4 of Schedule 1 |
F109. . . | F109. . . |
pollinator | Regulation 22(6) |
pollinator-dependent hybrid | Regulation 22(6) |
pre-basic seed | Paragraph 1 of Schedule 1 |
previously listed variety | Regulation 2(1) |
properly sealed package | Regulation 24(5), (6), (8), (9) and (10) |
qualifying seed lot | Regulation 11(15) |
qualifying seed test report | Regulation 6(4) |
registered person | Regulation 2(1) |
regulation 18 authorisation | Regulation 2(1) |
regulation 19 authorisation | Regulation 2(1) |
Schedule 4 germination test | Regulation 2(1) |
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) |
seed that is subject to official post control | Regulation 8(18) |
soya bean | Regulation 3 |
small package | Regulation 2(1) |
sunflower | Regulation 3 |
swede rape | Regulation 3 |
[F110test and trial seed | Regulation 2(1)] |
third country | Regulation 2(1) |
the Third Country Equivalence Decision | Regulation 2(1) |
third country officially certified basic seed of a listed variety | Paragraph 16 of Schedule 1 |
third country officially certified C1 seed of a listed variety | Paragraph 38 of Schedule 1 |
[F111third country officially certified C2 seed of a listed variety; | Paragraph 45A of Schedule 1] |
[F111third country officially certified C3 seed of a listed variety. | Paragraph 52A of Schedule 1] |
third country officially certified basic seed of a component of a listed hybrid variety | Paragraph 22 of Schedule 1 |
third country officially certified CS seed of a listed variety | Paragraph 30 of Schedule 1 |
[F112third country officially certified pre-basic seed of a component used in the production of a listed hybrid variety | Paragraph 8A of Schedule 1] |
[F112third country officially certified pre-basic seed of a listed variety | Paragraph 3A of Schedule 1] |
turnip rape | Regulation 3 |
UK field inspection carried out under official supervision | Regulation 2(1) |
UK officially certified basic seed of a listed variety | Paragraph 14 of Schedule 1 |
UK officially certified basic seed of a component of a listed hybrid variety | Paragraph 20 of Schedule 1 |
UK officially certified C1 seed of a listed variety | Paragraph 36 of Schedule 1 |
UK officially certified C2 seed of a listed variety | Paragraph 44 of Schedule 1 |
UK officially certified C3 seed of a listed variety | Paragraph 51 of Schedule 1 |
UK officially certified commercial seed | Paragraph 58 of Schedule 1 |
UK officially certified CS seed of a listed variety | Paragraph 28 of Schedule 1 |
UK officially certified early movement basic seed of a listed variety | Paragraph 18 of Schedule 1 |
UK officially certified early movement C1 seed of a listed variety | Paragraph 40 of Schedule 1 |
UK officially certified early movement C2 seed of a listed variety | Paragraph 47 of Schedule 1 |
UK officially certified early movement C3 seed of a listed variety | Paragraph 54 of Schedule 1 |
UK officially certified early movement commercial seed | Paragraph 60 of Schedule 1 |
UK officially certified early movement CS seed of a listed variety | Paragraph 32 of Schedule 1 |
UK officially certified early movement basic seed of a component of a listed hybrid variety | Paragraph 24 of Schedule 1 |
UK officially certified early movement pre-basic seed of a component used in the production of a listed hybrid variety | Paragraph 10 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 component used in the production of a listed hybrid variety | Paragraph 7 of Schedule 1 |
UK officially certified pre-basic seed of a listed variety | Paragraph 2 of Schedule 1 |
a UK seed test carried out under official supervision | Regulation 2(1) |
unlisted variety | Regulation 2(1) |
varietal association | Regulation 22(6) |
whenever carried out | Regulation 2(1) |
white mustard | Regulation 3 |
writing | Regulation 2(3) |
Textual Amendments
F104Words in Sch. 10 inserted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 5(9)(a)
F105Words in Sch. 10 inserted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(15)(a)
F106Words in Sch. 10 inserted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(15)(b)
F107Words in Sch. 10 inserted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(15)(c)
F108Words in Sch. 10 inserted (31.12.2003) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 (S.I. 2003/3101), regs. 1, 2(19)
F109Words in Sch. 10 deleted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(15)(d)
F110Words in Sch. 10 inserted (23.9.2006) by The Seed (England) (Amendments for Tests and Trials etc.) Regulations 2006 (S.I. 2006/2314), regs. 1, 5(9)(b)
F111Words in Sch. 10 inserted (8.10.2004) by The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2388), regs. 1, 2(15)(e)
F112Words in Sch. 10 inserted (27.7.2007) by The Seed (Miscellaneous Amendments) (England) Regulations 2007 (S.I. 2007/1872), regs. 1, 5(10)
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