The Fodder Plant Seed (Wales) Regulations 2005

Mixtures

22.—(1) The prohibition in regulation 15(1) shall not apply to the marketing of a mixture of various genera, species or varieties of seeds that includes seed to which these Regulations apply and that is not intended to be used to produce fodder plants if —

(a) the seed in the mixture to which these Regulations apply complied, before mixing, with the relevant provisions of these Regulations, and

(b) if any seeds in the mixture are cereal seeds, oil and fibre plant seeds or vegetable seeds, they complied, before mixing, with the relevant provisions of the Cereal Seeds Regulations 2003(1), the Oil and Fibre Plant Seed (Wales) Regulations 2004(2) or the Vegetable Seeds Regulations 2003(3) respectively.

(2) The prohibition in regulation 15(1) shall not apply to the marketing of a mixture of various genera, species or varieties of seeds that is intended to be used to produce a mixture of plants, including plants of a species specified in Schedule 2, which are intended for use as fodder plants, if —

(a) the seed in the mixture is a mixture of seed to which these Regulations apply and the seed in the mixture complied, before mixing, with the relevant provisions of these Regulations, or

(b) the seed in the mixture is a mixture of —

(i) seed to which these Regulations apply that complied, before mixing, with the relevant provisions of these Regulations; and

(ii) cereal seeds, oil and fibre plant seeds or vegetable seeds to which the Cereal Seed (Wales) Regulations 2003, the Oil and Fibre Plant Seed (Wales) Regulations 2003 or the Vegetable Seed (Wales) Regulations 2003 respectively apply and that complied, before mixing, with the relevant provisions of those Regulations, and

the mixture does not include any grass seed of a variety which has not been examined for its value for cultivation and use for the purposes of Article 4(1) of the Common Catalogue Directive because the breeder has declared that seed of that variety is not intended for the production of fodder plants.

(3) A person who wishes to market a mixture of seeds to which paragraph (1) or (2) applies without including the percentage by weight of each of the components by species and, where appropriate, by variety on the label referred to in regulation 26(11), (12) or (13) may apply to the National Assembly for Wales to register the mixture.

(4) Any application referred to in paragraph (3) shall include the name under which the mixture is to be marketed and the percentage, by weight, of each of the components by species and, where appropriate, by variety.

(5) The National Assembly for Wales shall register a mixture in respect of which an application has been made under paragraph (3) and in accordance with paragraph (4) if the name under which the mixture is to be marketed has not already been registered with it.

(6) Any person who sells or supplies a package (other than a small EC A or EC B package) containing a registered mixture of seeds and does so under its registered name and without including —

(a) the species and, where appropriate, the variety of each of the components in the mixture, and

(b) the percentage by weight of each of those components,

on the label referred to in regulation 26(11), shall, on or before the sale or supply of such package, provide the person to whom the package of seeds is sold or supplied with a notice containing the information referred to in paragraphs (a) and (b).

(7) Any person (“the seller”) who sells or supplies a small EC A or EC B package containing a registered mixture of seeds produced in the United Kingdom and does so —

(a) under its registered name, and

(b) in a package that includes the species and, where appropriate, the variety of each of the components in the mixture on the label referred to in regulation 26(12) in the case of a small EC A package of seeds and regulation 26(13) in the case of a small EC B package of seeds, but does not include the percentage by weight of each of those components in the mixture,

shall, on or before the sale or supply of such seed, notify the person (“the purchaser”) to whom the package of seeds is sold or supplied that the seller shall provide the information relating to the percentage by weight of each of the components in the mixture to the purchaser on request.

(8) A person who has registered a mixture of seeds with the National Assembly for Wales in accordance with this regulation may apply to the National Assembly for Wales to cancel the registration and the National Assembly for Wales, having received such an application, shall cancel the registration and notify the applicant that this has been done.

(1)

S.I. 1993/2005.

(2)

S.I. 2004/2881.

(3)

S.I. 1993/2008.