Regulation 2(5) and Schedule 10
1. In these Regulations “pre-basic seed” means seed of a generation prior to basic seed that —
(a)has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety, and
(b)is intended to be used for the production of more pre-basic seed, basic seed, or, with the breeder’s authority, CS seed.
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 III 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 (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 —
(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 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 —
(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 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.
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 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, 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 III 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 (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 —
(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 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. 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)overseas tested officially certified pre-basic seed of a listed variety;
(d)UK officially certified early movement pre-basic seed of a listed variety; and
(e)EC officially certified early movement pre-basic seed of a listed variety.
8.—(1) In these Regulations, other than in relation to a component of a hybrid, “basic seed” means 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 CS seed.
(2) In these Regulations, in relation to a component of a hybrid variety, “basic seed” means seed of the component —
(a)that has been produced by or under the responsibility of the breeder, and
(b)that is intended to be used for the production of CS seed of a hybrid variety.
9.—(1) In these Regulations “UK officially certified basic seed of a listed variety” means seed to which paragraph (2), (3) or (4) applies.
(2) This paragraph applies to —
(a)seed of a listed variety officially certified as basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and
(b)seed of a previously listed variety officially certified as basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.
(3) This paragraph applies to —
(a)basic seed of a listed variety —
(i)that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;
(ii)that satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and
(iii)for which a seed test report has been issued stating that it has been found by an official UK seed test (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 —
(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 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 —
(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)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.
10. 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.
11. In these Regulations “overseas tested officially certified basic seed of a listed variety” means basic seed —
(a)that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;
(b)for which a seed test report has been issued 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, 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).
12.—(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 III 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 (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 —
(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 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.
13. 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.
14.—(1) In these Regulations “UK officially certified basic seed of a component of a listed hybrid variety” means seed to which paragraph (2) or (3) applies.
(2) This paragraph applies to —
(a)seed of a component of a listed hybrid variety officially certified as basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and
(b)seed of a component of a previously listed hybrid variety officially certified as basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force in respect of seed of the hybrid variety.
(3) This paragraph applies to —
(a)basic seed of a component of a listed hybrid variety —
(i)that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;
(ii)that satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and
(iii)for which a seed test report has been issued stating that it has been found by an official UK seed test (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 of a component 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.
15. 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.
16. In these Regulations “overseas tested officially certified basic seed of a component of a listed hybrid variety” means basic seed —
(a)that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;
(b)for which a seed test report has been issued 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, 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).
17.—(1) In these Regulations “UK officially certified early movement basic seed of a component of a listed hybrid variety” means seed of which paragraph (2) or (3) applies.
(2) This paragraph applies to —
(a)seed of a component of a listed hybrid variety officially certified as early movement basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and
(b)seed of a component of a previously listed hybrid variety officially certified as early movement basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force in respect of seed of the hybrid variety.
(3) This paragraph applies to —
(a)basic seed of a component of a listed hybrid variety —
(i)that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;
(ii)that, subject to paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed;
(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 (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 of a component 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.
18. 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 for which a marketing extension is in force in respect of seed of the hybrid variety.
19. 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)overseas tested officially certified basic seed of a listed variety;
(d)UK officially certified early movement basic seed of a listed variety;
(e)EC officially certified early movement basic seed of a listed variety;
(f)UK officially certified basic seed of a component of a listed hybrid variety;
(g)EC officially certified basic seed of a component of a listed hybrid variety;
(h)overseas tested officially certified basic seed of a component of a listed hybrid variety;
(i)UK officially certified early movement basic seed of a component of a listed hybrid variety; and
(j)EC officially certified early movement basic seed of a component of a listed hybrid variety.
20. In these Regulations “CS seed” means seed that —
(a)has been produced directly from officially certified basic seed or, with the breeder’s authority, from officially certified pre-basic seed, and
(b)is intended for purposes other than the production of vegetable seed.
21.—(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) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS seed is to be produced;
(ii)that satisfies the conditions laid down in Parts II and III of Schedule 4 for CS seed; and
(iii)for which a seed test report has been issued stating that it has been found by an official UK seed test (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 —
(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State, and
(ii)that 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; and
(e)CS seed —
(i)that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State F1...;
(ii)that 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 CS seed.
Textual Amendments
F1Words in Sch. 1 para. 21(3)(e) deleted (8.10.2004) by The Vegetable Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2389), regs. 1, 2(6)
22. 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.
23. In these Regulations “overseas tested officially certified CS seed of a listed variety” means CS seed —
(a)that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop had been found to satisfy the relevant Directive crop conditions for CS seed;
(b)for which a seed test report has been issued 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, 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).
24.—(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) 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 and III 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 (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)that complies with the requirements of paragraph (a)(ii) to (iv); and
(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,
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.
25. 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.
26. 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)overseas tested officially certified CS seed of a listed variety;
(d)UK officially certified early movement CS seed of a listed variety; and
(e)EC officially certified early movement CS seed of a listed variety.
27.—(1) The requirement contained in paragraph 20(a) (that CS seed be produced directly from officially certified basic seed, or, with the breeder’s 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 (“the harvested CS seed”) was harvested from a crop produced from pre-basic seed to which sub-paragraph (2) applies or basic seed to which sub-paragraph (3) or (4) 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) 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 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 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 seed.
(3) 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, 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 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 to satisfy the Directive seed conditions for basic seed; and
(c)that was of the same variety as the harvested CS seed.
(4) This sub-paragraph applies to basic seed of a component of a hybrid variety —
(a)that complied with the requirements of sub-paragraph (3)(a) and (b), and
(b)that was a component in the production of the harvested CS seed of the hybrid variety.
28. In these Regulations “standard seed” means seed of a listed variety —
(a)that is intended mainly for the production of vegetables, and
(b)satisfies the conditions laid down in Annex II to the Vegetable Seed Directive.
29.—(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 27(1) of the Vegetable 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; or
(c)a previously listed 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 name of the authority responsible for the field inspection of the crop and the member State or their commonly used initials;
(b)the species of the seed, indicated at least in Roman characters —
(i)under its botanical name, which may be given in abridged form and without the author’s name; or
(ii)under its common name; or
(iii)under both;
(c)the variety of the seed, indicated at least in Roman characters;
(d)the category of the seed;
(e)the field or lot reference number of the seed;
(f)the declared net or gross weight of the seed; and
(g)the words “seed not finally certified”.
30.—(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 27(1) of the Vegetable 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 29(3).
31.—(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
(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, 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 27(1) of the Vegetable 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 29(3).
Regulations 2(1), 5(1), 23(3)(b) and 25(3)(b)
1. Asparagus.U.K.
2. The following species of beans —U.K.
(a)broad bean;
(b)French bean; and
(c)runner bean.
3. Beetroot (also known as red beet).U.K.
4. Brussels sprouts.U.K.
5. The following species of cabbage —U.K.
(a)red cabbage;
(b)savoy cabbage; and
(c)white cabbage.
6. Carrot.U.K.
7. Cauliflower.U.K.
8. Celery.U.K.
9. Chard and spinach beet.U.K.
10. Chinese cabbage.U.K.
11. Cucumber and gherkin.U.K.
12. Curly kale.U.K.
13. Endive.U.K.
14. Gourd.U.K.
15. Kohlrabi.U.K.
16. Larged-leave chicory (also known as Italian chicory) and Witloof chicory.U.K.
17. Leek.U.K.
18. Lettuce.U.K.
19. Marrow.U.K.
20. Melon.U.K.
21. Onion.U.K.
22. Parsley.U.K.
23. Pea other than field pea.U.K.
24. Radish.U.K.
25. Spinach.U.K.
26. Sprouting broccoli (also known as calabrese).U.K.
27. Tomato.U.K.
28. Turnip.U.K.
Regulations 8(4), (5), (6) and (7)(b), 10(3), (4)(a) and (b)(ii), 11(13)(a) and (b), 13(5)(d) and 14(1)(b) and paragraphs 2(3)(a), 5(3)(a), 9(3)(a), 12(3)(a), 14(3)(a), 17(3)(a), 21(3)(a), 24(3)(a) and 27(2)(a) and (3)(a) of Schedule 1
1. The crop shall have sufficient varietal identity and varietal purity.U.K.
2.—(1) 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 (metres) |
---|---|
1 | 2 |
(a)Beta vulgaris — | |
(i)from any pollen source of the genus Beta other than those specified in (ii) and (iii) below — | 1,000 |
(ii)from any pollen source of a variety of the same sub species belonging to a different group of varieties — | |
(aa)for the production of basic seed | 1,000 |
(bb)for the production of CS seed | 600 |
(iii)From any pollen source of a variety of the same sub species belonging to the same group of varieties — | |
(aa)for the production of basic seed | 1,000 |
(bb)for the production of CS seed | 600 |
(b)Brassica species — | |
(i)for the production of basic seed | 1,000 |
(ii)for the production of CS seed | 600 |
(c)cross fertilised species other than Beta and Brassica species — | |
(i)for the production of basic seed | 500 |
(ii)for the production of CS seed | 300 |
(2) For the purposes of this sub-paragraph the groups of varieties of the Beta species shall be those set out in the following table classified in groups according to their characteristics —
(a) Beetroot | |
---|---|
Group | Characteristic |
1 | Transverse narrow elliptic or transverse elliptic shape of root longitudinal section and root flesh red or purple |
2 | Circular or broad elliptic shape of root longitudinal section and root flesh white |
3 | Circular or broad elliptic shape of root longitudinal section and root flesh yellow |
4 | Circular or broad elliptic shape of root longitudinal section and root flesh red or purple |
5 | Narrow oblong shape of root longitudinal section and root flesh red or purple |
6 | Narrow obtriangular shape of root longitudinal section and root flesh red or purple |
(b)Chard and spinach beet | |
Group | Characteristic |
1 | White petiole and pale green leaf blade, without anthocyanin coloration |
2 | White petiole and medium or dark green leaf blade, without anthocyanin coloration |
3 | Green petiole and medium or dark green leaf blade, without anthocyanin coloration |
4 | Pink petiole and medium or dark green leaf blade |
5 | Red petiole and leaf blade, with anthocyanin coloration |
3. Paragraph 2 shall not apply if there is sufficient protection from any undesirable foreign pollination.U.K.
4. Diseases and harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.U.K.
5.—(1) A crop from which basic or CS seed is to be produced shall be examined by at least one official field inspection to determine whether the crop meets the requirements set out in this Schedule and in Part I of Schedule 4.U.K.
(2) Field inspections shall be carried out at a time when the cultural condition of the field and the stage of development of the crop permit the varietal identity, varietal purity and health status of the crop to be adequately checked.
6. 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(4), (5), (6) and (7)(b), 10(3) and (4)(a) and (b), 11(4) to (11) and (13)(a), 13(4) and (5)(d) to (f), 14(1)(b) and (c)(i) and (ii) and paragraphs 2(3)(a), 5(3)(a), 9(3)(a), 12(3)(a), 14(3)(a), 17(3)(a), 21(3)(a), 24(3)(a) and 27(2)(a) and (b) and (3)(a) and (b) of Schedule 1
1. The seed shall have sufficient varietal identity and varietal purity.U.K.
2. In the case of seed of turnips the minimum varietal purity shall be —U.K.
(a)99.7% in the case of basic seed, and
(b)98% in the case of CS seed.
3. The seed shall conform to the following standards or other conditions as regards analytical purity and the content of seeds of other plant species —U.K.
Column 1 | Column 2 | Column 3 |
---|---|---|
Species | Minimum analytical purity (percentage by weight) | Maximum content of seeds of other plant species (percentage by weight) |
(a)asparagus | 96 | 0.5 |
(b)beans of the following species — | ||
(i)broad bean | 98 | 0.1 |
(ii)French bean | 98 | 0.1 |
(iii)runner bean | 98 | 0.1 |
(c)beetroot | 97 | 0.5 |
(d)Brussels sprouts | 97 | 1.0 |
(e)red, Savoy and white cabbage | 97 | 1.0 |
(f)carrot | 95 | 1.0 |
(g)cauliflower | 97 | 1.0 |
(h)celery | 97 | 1.0 |
(i)chard and spinach beet | 97 | 0.5 |
(j)Chinese cabbage | 97 | 1.0 |
(k)cucumber and gherkin | 98 | 0.1 |
(l)curly kale | 97 | 1.0 |
(m)endive | 95 | 1.0 |
(n)gourd | 98 | 0.1 |
(o)kohlrabi | 97 | 1.0 |
(p)large-leaved chicory and Witloof chicory | 95 | 1.5 |
(q)leek | 97 | 0.5 |
(r)lettuce | 95 | 0.5 |
(s)marrow | 98 | 0.1 |
(t)melon | 98 | 0.1 |
(u)onion | 97 | 0.5 |
(v)parsley | 97 | 1.0 |
(w)pea | 98 | 0.1 |
(x)radish | 97 | 1.0 |
(y)spinach | 97 | 1.0 |
(z)sprouting broccoli | 97 | 1.0 |
(aa)tomato | 97 | 0.5 |
(bb)turnip | 97 | 1.0 |
4.—(1) 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.
Column 1 | Column 2 |
---|---|
Species | Minimum germination (percentage clusters or pure seed) |
(a)asparagus | 70 |
(b)beans of the following species — | |
(i)broad bean | 80 |
(ii)French bean | 75 |
(iii)runner bean | 80 |
(c)beetroot — | |
(i)all except the Cheltenham variety | 70 |
(ii)the Cheltenham variety | 50 |
(d)Brussels sprouts | 75 |
(e)red, Savoy and white cabbage | 75 |
(f)carrot | 65 |
(g)cauliflower | 70 |
(h)celery | 70 |
(i)chard and spinach beet | 70 |
(j)Chinese cabbage | 75 |
(k)cucumber and gherkin | 80 |
(l)curly kale | 75 |
(m)endive | 65 |
(n)gourd | 80 |
(o)kohlrabi | 75 |
(p)large-leaved chicory and Witloof chicory | 65 |
(q)leek | 65 |
(r)lettuce | 75 |
(s)marrow | 75 |
(t)melon | 75 |
(u)onion | 70 |
(v)parsley | 65 |
(w)pea | 80 |
(x)radish | 70 |
(y)spinach | 75 |
(z)sprouting broccoli | 75 |
(aa)tomato | 75 |
(bb)turnip | 80 |
5. The seed shall not be contaminated by live Acarina (commonly known as mites).U.K.
6. Seed of broad beans, French beans, runner beans and peas shall not be contaminated by —U.K.
(a)Acanthoscelides obtectus Sag.;
(b)Bruchus affinis Froel.;
(c)Bruchus atomarius L.;
(d)Bruchus pisorum L.; or
(e)Bruchus rufimanus Boh.
7. Diseases and harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level that can be achieved.U.K.
8. For the purpose of determining whether seed meets the conditions laid down in this Schedule pre-basic seed shall be treated in the same way as basic seed.U.K.
Regulation 13(1)
Column (1) | Column (2) |
---|---|
1.—(a) UK, EC or overseas tested officially certified pre-basic seed of a listed variety | (a) UK officially certified pre-basic seed of a listed variety |
(b)UK, EC or overseas tested officially certified basic seed of a listed variety | (b)UK officially certified basic seed of a listed variety |
(c)UK, EC or overseas tested officially certified CS seed of a listed variety | (c)UK officially certified CS seed of a listed variety |
2.—(a) UK and EC officially certified early movement pre-basic seed of a listed variety | (a) UK officially certified early movement pre-basic seed of a listed variety |
(b)UK and EC officially certified early movement basic seed of a listed variety | (b)UK officially certified early movement basic seed of a listed variety |
(c)UK and EC officially certified early movement CS seed of a listed variety | (c)UK officially certified early movement CS seed of a listed variety |
Regulation 15(1)
1. Breeder’s seed.
2. UK officially certified pre-basic seed of a listed variety.
3. EC officially certified pre-basic seed of a listed variety.
4. Overseas tested officially certified pre-basic seed of a listed variety.
5. UK officially certified basic seed of a listed variety.
6. EC officially certified basic seed of a listed variety.
7. Overseas tested officially certified basic seed of a listed variety.
8. UK officially certified CS seed of a listed variety.
9. EC officially certified CS seed of a listed variety.
10. Overseas tested officially certified CS seed of a listed variety.
11. UK officially certified early movement pre-basic seed of a listed variety.
12. EC officially certified early movement pre-basic seed of a listed variety.
13. UK officially certified early movement basic seed of a listed variety.
14. EC officially certified early movement basic seed of a listed variety.
15. UK officially certified early movement CS seed of a listed variety.
16. EC officially certified early movement CS seed of a listed variety.
17. UK officially certified basic seed of a component of a listed hybrid variety.
18. EC officially certified basic seed of a component of a listed hybrid variety.
19. Overseas tested officially certified basic seed of a component of a listed hybrid variety.
20. UK officially certified early movement basic seed of a component of a listed hybrid variety.
21. EC officially certified early movement basic seed of a component of a listed hybrid variety.
22. Standard seed.
Regulations 2(1), 22(3) to (6), 26(3) and 27(6)
Column 1 | Column 2 | Column 3 |
---|---|---|
Species | Maximum weight of a lot | Minimum weight of a sample to be drawn from a lot |
(tonnes) | (grams) | |
1. Asparagus | 10 | 100 |
2. Beans of the following species — | ||
(a)Broad bean | 25 | 1,000 |
(b)French bean | 25 | 700 |
(c)Runner bean | 20 | 1,000 |
3. Beetroot | 20 | 100 |
4. Brussels sprouts | 10 | 25 |
5. Cabbages of the following species — | ||
(a)Red cabbage | 10 | 25 |
(b)Savoy Cabbage | 10 | 25 |
(c)White cabbage | 10 | 25 |
6. Carrot | 10 | 25 |
7. Cauliflower | 10 | 25 |
8. Celery | 10 | 25 |
9. Chard and spinach beet | 20 | 100 |
10. Chinese cabbage | 10 | 25 |
11. Cucumber and gherkin | 20 | 25 |
12. Curly kale | 10 | 25 |
13. Endive | 10 | 25 |
14. Gourd | 20 | 250 |
15. Kohlrabi | 10 | 25 |
16. Large-leaved chicory and Witloof chicory | 10 | 25 |
17. Leek | 10 | 25 |
18. Lettuce | 10 | 25 |
19. Marrow | 20 | 150 |
20. Melon | 20 | 100 |
21. Onion | 10 | 25 |
22. Parsley | 10 | 25 |
23. Pea | 25 | 500 |
24. Radish | 10 | 50 |
25. Spinach | 10 | 75 |
26. Sprouting broccoli | 10 | 25 |
27. Tomato | 10 | 25 |
28. Turnip | 10 | 25 |
Regulation 25(3), (4), (5)(a), (6)(a), (7)(a), (8)(a), (9)(a), (10) and (11)(a)
1. The following particulars shall be given —U.K.
(a)“complies with legal standards”;
(b)the species, indicated at least in Roman characters; and
(c)the variety.
2. Subject to paragraph 31, 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 registration number;
(b)the reference number of the 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,
except where those particulars are printed indelibly on the outside of the package.
3. The label referred to in paragraph 2 shall be coloured buff.U.K.
4. Subject to paragraph 31, the package shall be labelled, not later than the time of sealing, on the outside with an official label which has not previously been used containing the following particulars —
(a)the certification authority and member State or their commonly used initials;
(b)the reference number of the 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 in Roman characters —
(i)under its botanical name, which may be given in abridged form and without the author’s name; or
(ii)under its common name; or
(iii)under both;
(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;
(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.
F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2 Sch. 8 para. 5 omitted (8.10.2004) by The Vegetable Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2389), regs. 1, 2(7)
6. The label referred to in paragraph 4 shall be coloured white with a diagonal violet line.
7. The minimum size of the label referred to in paragraph 4 shall be 110 mm x 67 mm.
8. The label referred to in paragraph 4—
(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)in a case where the package is being relabelled, by a licensed seed sampler or any person being supervised by such a person.
9. Subject to paragraph 31, 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 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 in Roman characters —
(i)under its botanical name, which may be given in abridged form and without the author’s name; or
(ii)under its common name; or
(iii)under both;
(f)the variety, indicated at least in Roman characters;
(g)the category;
(h)the country of production;
(i)the declared net or gross weight or declared number of seeds;
(j)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight;
(k)in the case of —
(i)basic seed which is a component of a hybrid variety and the component has been officially accepted on a National List or the Common Catalogue, the name under which the component has been officially accepted, with or without 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”;
(ii)basic seed which is a component of a hybrid variety and 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 final variety, with or without reference to its function (male or female) and accompanied by the word “component”; and
(iii)CS seed which is a hybrid, the name of the variety accompanied by the word “hybrid”.
10. Where at least germination has been retested, the words “retested” followed by the month and year of retesting and the authority responsible for such retesting may be indicated on the official label referred to in paragraph 9 or on an official sticker attached to the official label.
F311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3 Sch. 8 para. 11 omitted (8.10.2004) by The Vegetable Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2389), regs. 1, 2(7)
12. The minimum size of the label referred to in paragraph 9 shall be 110 mm x 67 mm.
13. The label referred to in paragraph 9 shall be coloured white for basic seed and blue for CS seed.
14. The label referred to in paragraph 9—
(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)in a case where the package is being relabelled, by a licensed seed sampler or any person being supervised by such a person.
15. The package shall be labelled —
(a)subject to paragraph 31, on the outside;
(b)with a label, a printed notice or stamp containing the following information —
(i)the words “EC rules and standards”;
(ii)the name and address of the supplier responsible for affixing the label or his identification mark;
(iii)the marketing year of sealing or the marketing year of last examination of germination, which may be given by reference to the end of the marketing year;
(iv)a reference number which enables the seed lot reference number of the seed lot from which the seed in the package has been taken to be identified;
(v)the species, indicated at least in Roman characters;
(vi)the variety, indicated at least in Roman characters;
(vii)the words “certified seed” or the letter “C” or “Z”;
(viii)the declared net or gross weight or declared number of seeds except in the case of a small package of seed not exceeding 500 grams in weight; and
(ix)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight.
F416. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4 Sch. 8 para. 16 omitted (8.10.2004) by The Vegetable Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2389), regs. 1, 2(7)
17. The label, notice or stamp referred to in paragraph 15 shall be coloured blue.
18. The package shall be labelled not later than the time of sealing —
(a)subject to paragraph 31, on the outside;
(b)with a label, a printed notice or stamp containing the following information —
(i)the words “EC rules and standards”;
(ii)the name and address of the supplier responsible for affixing the label or his identification mark;
(iii)the marketing year of sealing or the marketing year of last examination of germination, which may be given by reference to the end of the marketing year;
(iv)the species, indicated at least in Roman characters;
(v)the variety, indicated at least in Roman characters;
(vi)the words “standard seed”;
(vii)a reference number given by the person responsible for affixing the label which enables the seed lot from which the seed in the package has been taken to be identified;
(viii)the declared net or gross weight or declared number of seeds; and
(ix)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight.
19. Subject to paragraph 32, a reference to any maintenance of the variety may be included on the label, printed notice or stamp referred to in paragraph 18.
20. The minimum size of the label referred to in paragraph 18 shall be 110 mm x 67 mm.
21. The label referred to in paragraph 18 shall be coloured dark yellow.
22. The label referred to in paragraph 18 shall be fixed to the package by a person registered under regulation 5 of the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002(1) as a person who may label standard seed of vegetables.
23. The package shall be labelled —
(a)subject to paragraph 31, on the outside;
(b)with a label, a printed notice or stamp containing the following information —
(i)the words “EC rules and standards”;
(ii)the name and address of the supplier responsible for packing the seeds or his identification mark;
(iii)the marketing year of sealing or the marketing year of last examination of germination, which may be given by reference to the end of the marketing year;
(iv)the species, indicated at least in Roman characters;
(v)the variety, indicated at least in Roman characters;
(vi)the words “standard seed” or the letters “ST”;
(vii)a reference number given by the person responsible for affixing the label which enables the seed lot from which the seed in the package has been taken to be identified;
(viii)the declared net or gross weight or declared number of seeds except in the case of small packages not exceeding 500 grams; and
(ix)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight.
24. Subject to paragraph 32, a reference to any maintenance of the variety may be included on the label, printed notice or stamp referred to in paragraph 23.
25. The label referred to in paragraph 23 shall be coloured dark yellow.
26. The label referred to in paragraph 23 shall be fixed to the package by a person registered under regulation 5 of the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002 as a person who may label standard seed of vegetables.
27. The package shall be labelled —
(a)subject to paragraph 31, on the outside;
(b)with a label, a printed notice or stamp containing the following information —
(i)the words “EC rules and standards”;
(ii)the name and address of the supplier responsible for packing the seeds or his identification mark;
(iii)the marketing year of sealing;
(iv)the species, indicated at least in Roman characters;
(v)the varieties in the mixture, indicated at least in Roman characters;
(vi)the words “standard seed” or the letters “ST”;
(vii)a reference number given by the person responsible for affixing the label which enables the seed lot from which the seed in the package has been taken to be identified;
(viii)the declared net or gross weight or declared number of seeds; and
(ix)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight.
28. Subject to paragraph 32, a reference to any maintenance of a variety included in the mixture may be included on the label, printed notice or stamp referred to in paragraph 27.
29. The label referred to in paragraph 27 shall be coloured dark yellow.
30. The label referred to in paragraph 27 shall be fixed to the package by a person registered under regulation 5 of the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002 as a person who may label standard seed of vegetables.
31. If the packaging material is transparent the label, printed notice or stamp referred to in paragraph 2, 4, 9, 15, 18, 23 or 27 may be placed inside the package provided it can be read through the packaging.U.K.
32.—(1) A reference to the maintenance of a variety shall not be included on the label, printed notice or stamp with which a package is labelled except where —U.K.
(a)the existence of the variety was a matter of common knowledge —
(i)in Belgium, France, the Federal Republic of Germany (as it was prior to German unification), Italy, Luxembourg or the Netherlands on 1st July 1970;
(ii)in Denmark, Ireland or the United Kingdom on 1st July 1973; or
(iii)in Spain on 1st March 1986.
(b)the Secretary of State has been notified that it is intended to include such a reference to the maintenance of the variety on the label; and
(c)the name of the maintenance appears after the name of the variety, is separated by a dash and is given no greater prominence than the name of the variety.
(2) In this paragraph “maintenance” means a method of maintaining standard seed of a variety entered in a National List or the Common Catalogue, such method being designated by a name chosen by the person responsible for it.
Regulation 27(2)
Stated minimum percentage of germination (expressed as an integer) | Limit of variation Per cent |
---|---|
99–100 | 2 |
97–98 | 3 |
94–96 | 4 |
91–93 | 5 |
87–90 | 6 |
82–86 | 7 |
76–81 | 8 |
69–75 | 9 |
60–68 | 10 |
50–59 | 11 |
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 seeds of other plant species | Limit of variation |
---|---|
(expressed to one decimal point) | Per cent |
0.0 | 0.1 |
0.1–0.2 | 0.3 |
0.3–0.4 | 0.4 |
0.5–0.6 | 0.5 |
0.7–0.9 | 0.6 |
1.0–1.4 | 0.7 |
1.5 | 0.8 |
Regulation 31
The expressions listed in the left-hand column of the following table are defined in the corresponding provisions listed in the right-hand column of the table —
Expression | Provision of these Regulations in which the expression is defined |
---|---|
the Act | Regulation 2(1) |
Annex V(C) document | Regulation 2(1) |
another member State | Regulation 2(1) |
appropriate time | Regulation 6(4) |
asparagus | Regulation 3 |
authorised officer | Regulation 2(1) |
basic seed | Paragraph 8 of Schedule 1 |
beetroot | Regulation 3 |
blended seed lot | Regulation 2(1) |
broad bean | Regulation 3 |
breeder | Regulation 2(1) |
breeder’s seed | Regulation 2(1) |
Brussels sprouts | Regulation 3 |
carrot | Regulation 3 |
cauliflower | Regulation 3 |
celery | Regulation 3 |
chard and spinach beet | Regulation 3 |
Chinese cabbage | Regulation 3 |
Common Catalogue | Regulation 2(1) |
component | Regulation 2(1) |
control plot | Regulation 2(1) |
CS seed | Paragraph 20 of Schedule 1 |
cucumber and gherkin | Regulation 3 |
curly kale | Regulation 3 |
[F5Deliberate 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) |
EC minimum percentage of germination | Regulation 2(1) |
EC officially certified basic seed of a listed variety | Paragraph 10 of Schedule 1 |
EC officially certified basic seed of a component of a listed hybrid variety | Paragraph 15 of Schedule 1 |
EC officially certified early movement basic seed of a listed variety | Paragraph 13 of Schedule 1 |
EC officially certified early movement basic seed of a component of a listed hybrid varietyParagraph 18 of Schedule 1 | |
Expression | Provision of these Regulations in which the expression is defined |
EC officially certified early movement CS seed of a listed variety | Paragraph 25 of Schedule 1 |
EC officially certified early movement pre-basic seed of a listed variety | Paragraph 6 of Schedule 1 |
EC officially certified CS seed of a listed variety | Paragraph 22 of Schedule 1 |
EC officially certified pre-basic seed of a listed variety | Paragraph 3 of Schedule 1 |
EEA State | Regulation 2(1) |
endive | Regulation 3 |
entered seed lot | Regulation 2(1) |
final seed test report | Regulation 12(6) |
[F6Food and Feed Regulation | Regulation 2(1)] |
French bean | Regulation 3 |
genetically modified | Regulation 2(1) |
germination condition | Regulation 2(1) |
gourd | Regulation 3 |
grey label | Paragraph 29(3) of Schedule 1 |
homogeneous seed lot | Regulation 2(1) |
kohlrabi | Regulation 3 |
large-leaved chicory and Witloof chicory | Regulation 3 |
late entered seed lot | Regulation 2(1) |
leek | Regulation 3 |
legume | Regulation 3 |
lettuce | Regulation 3 |
licensed seed sampler | Regulation 2(1) |
listed variety | Regulation 2(1) |
listing | Regulation 2(1) |
maintainer | Regulation 2(1) |
maintenance | Paragraph 32(2) of Schedule 8 |
marketing | Regulation 4 |
marketing extension | Regulation 2(1) |
marketing year | Regulation 2(1) |
marrow | Regulation 3 |
melon | Regulation 3 |
member State | Regulation 2(1) |
a National List | Regulation 2(1) |
not finally certified basic seed harvested in another member State | Paragraph 30 of Schedule 1 |
not finally certified CS seed harvested in another member State | Paragraph 31 of Schedule 1 |
not finally certified pre-basic seed harvested in another member StateParagraph 29 of Schedule 1 | |
official label | Regulation 2(1) |
officially certified basic seed | Paragraph 19 of Schedule 1 |
officially certified CS seed | Paragraph 26 of Schedule 1 |
officially certified pre-basic seed | Paragraph 7 of Schedule 1 |
official measures | Regulation 2(1) |
official sample | Regulation 2(1) |
official UK field inspection | Regulation 2(1) |
official UK seed test | Regulation 2(1) |
onion | Regulation 3 |
overseas tested officially certified basic seed of a listed variety | Paragraph 11 of Schedule 1 |
overseas tested officially certified basic seed of a component of a listed hybrid variety | Paragraph 16 of Schedule 1 |
overseas tested officially certified CS seed of a listed variety | Paragraph 23 of Schedule 1 |
overseas tested officially certified pre-basic seed of a listed variety | Paragraph 4 of Schedule 1 |
parsley | Regulation 3 |
pea | Regulation 3 |
pre-basic seed | Paragraph 1 of Schedule 1 |
previously listed variety | Regulation 2(1) |
properly sealed package | Regulation 23(4), (5), (7), (8), (9), (11) and (12) |
qualifying seed lotRegulation 11(13) | qualifying seed test reportRegulation 6(4) |
radish | Regulation 3 |
red cabbage | Regulation 3 |
registered person | Regulation 2(1) |
regulation 18 authorisation | Regulation 2(1) |
regulation 19 authorisation | Regulation 2(1) |
runner bean | Regulation 3 |
Savoy cabbage | Regulation 3 |
Schedule 4 germination test | Regulation 2(1) |
Secretary of State | Regulation 2(1) |
seed industry activity | Regulation 2(1) |
seed lot | Regulation 2(1) |
small package | Regulation 2(1) |
spinach | Regulation 3 |
sprouting broccoli | Regulation 3 |
standard seed | Paragraph 28 of Schedule 1 |
third country | Regulation 2(1) |
tomato | Regulation 3 |
turnip | Regulation 3 |
UK officially certified basic seed of a listed variety | Paragraph 9 of Schedule 1 |
UK officially certified basic seed of a component of a listed hybrid variety | Paragraph 14 of Schedule 1 |
UK officially certified CS seed of a listed variety | Paragraph 21 of Schedule 1 |
UK officially certified early movement basic seed of a listed variety | Paragraph 12 of Schedule 1 |
UK officially certified early movement CS seed of a listed variety | Paragraph 24 of Schedule 1 |
UK officially certified early movement pre-basic seed of a listed variety | Paragraph 5 of Schedule 1 |
UK officially certified early movement basic seed of a component of a listed hybrid variety | Paragraph 17 of Schedule 1 |
UK officially certified pre-basic seed of a listed variety | Paragraph 2 of Schedule 1 |
unlisted variety | Regulation 2(1) |
the Vegetable Seed Directive | Regulation 2(1) |
whenever carried out | Regulation 2(1) |
white cabbage | Regulation 3 |
writing | Regulation 2(3) |
Textual Amendments
F5Words in Sch. 10 inserted (8.10.2004) by The Vegetable Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2389), regs. 1, 2(8)(a)
F6Words in Sch. 10 inserted (8.10.2004) by The Vegetable Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2389), regs. 1, 2(8)(b)
S.I. 2002/3176.