SCHEDULE 2Certification requirements

PART 5Vegetables

Scope of Part 544

This Part regulates the types of vegetables in Schedule 1.

Permitted types of vegetable seed45

1

Vegetable seed must be—

a

pre-basic seed;

b

basic seed;

c

certified seed; or

d

standard seed.

F22

The seed may be a mixture of different varieties of the same vegetable species provided that each variety in the mixture is standard seed.

Meaning of “pre-basic seed”46

Pre-basic seed is seed—

a

produced from a generation prior to pre-basic seed by or under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; and

b

intended for the production of—

i

more pre-basic seed;

ii

basic seed; or

iii

with the breeder’s written authority, certified seed.

Meaning of “basic seed”47

1

Basic seed is seed—

a

produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety;

b

intended for the production of certified seed.

2

For the avoidance of doubt this includes seeds intended as a component of a hybrid variety of vegetable.

Meaning of “certified seed”48

Certified seed is seed—

a

produced directly from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed that satisfies the conditions for basic seed;

b

intended mainly for the production of vegetables.

Meaning of “standard seed”49

Standard seed is seed that is intended mainly for the production of vegetables and has been approved by the Secretary of State as having sufficient varietal purity and varietal identity.

Crop and seed requirements50

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 seed21, 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 F4(except paragraphs 1a(f) and 1b) of, and Annex III to, that Directive and must satisfy the conditions in Annex II to that Directive.

F52A

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.

F34

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 Union quarantine pests, protected zone 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.