50.—(1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(4)(A) [F1(a) to (d)] of, and Annex I to, Council Directive 2002/55/EC on the marketing of vegetable seed(1), and the crop must satisfy the conditions in that Annex.
(2) The seed produced by the crop must be sampled in accordance with Article 25 [F2(except paragraphs 1a(f) and 1b)] of, and Annex III to, that Directive and must satisfy the conditions in Annex II to that Directive.
[F3(2A) For the purposes of sub-paragraphs (1) and (2), Council Directive 2002/55/EC is to be read as if—
(a)in Article 2(4)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Secretary of State ”;
(b)in Article 25—
(i)references to “Member States” were references to “the Secretary of State”;
(ii)in paragraph 1a(a), for “seed certification authority of the Member State concerned” there were substituted “ Secretary of State ”.]
(3) Sub-paragraph (1) does not apply in the case of standard seed.
[F4(4) The crop and seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.
(4A) The crop and seed produced by the crop must comply with the requirements concerning [F5GB] quarantine pests, [F6PFA] quarantine pests and RNQPs set out in implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.]
(5) After marketing, vegetable seed is subject to control by the Secretary of State for varietal identity and varietal purity.
Textual Amendments
F1Words in Sch. 2 para. 50(1) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1(b), 7(13)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Sch. 2 para. 50(2) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1(b), 7(13)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F3Sch. 2 para. 50(2A) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1(b), 7(13)(f)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F4Sch. 2 para. 50(4)(4A) substituted for Sch. 2 para. 50(4) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 4(3)(d)
F5Word in Sch. 2 para. 50(4A) substituted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 2(2)(b)(ii)
F6Word in Sch. 2 para. 50(4A) substituted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 2(2)(b)(i)
OJ No L 193, 20.7.2002, p. 33, as last amended by Commission Directive 2009/74/EC (OJ No L 166, 27.6.2009, p. 40).