The Vegetable Seed (Wales) Regulations 2005

Regulation 25(3), (4), (5)(a), (6)(a), (7)(a), (8)(a), (9)(a), (10) and (11)(a)

SCHEDULE 8 E+W LABELLING

PART I E+W Particulars to be marked or displayed on the sale of unpackaged seed (loose sales)

1.  The following particulars shall be given— E+W

(a) “complies with legal standards”;

(b) the species, indicated at least in Roman characters; and

(c) the variety.

PART II E+W Labelling of packages of breeder's seed

2.  Subject to paragraph 28, the package shall be labelled, not later than the time of sealing, on the outside with a supplier's label containing the following particulars— E+W

(a) the name and address of the supplier responsible for affixing the labels or the supplier's 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. E+W

PART III E+W Labelling of packages of officially certified pre-basic seed

Official label for a package of officially certified pre-basic seed E+W

4.  Subject to paragraph 28, 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.

5.  The label referred to in paragraph 4 shall be coloured white with a diagonal violet line. E+W

6.  The minimum size of the label referred to in paragraph 4 shall be 110 mm x 67 mm. E+W

7.  The label referred to in paragraph 4— E+W

(a) shall be—

(i) an adhesive label, or

(ii) a label secured to the package by a sealing device approved by the National Assembly, the Scottish Ministers, the Secretary of State 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..

PART IV E+W Labelling of packages of officially certified basic and CS seed

Official label for a package of officially certified basic or CS seed E+W

8.  Subject to paragraph 28, 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”.

9.  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 8 or on an official sticker attached to the official label. E+W

10.  The minimum size of the label referred to in paragraph 8 shall be 110 mm x 67 mm. E+W

11.  The label referred to in paragraph 8 shall be coloured white for basic seed and blue for CS seed. E+W

12.  The label referred to in paragraph 8— E+W

(a) shall be—

(i) an adhesive label, or

(ii) a label secured to the package by a sealing device approved by the National Assembly, the Scottish Ministers, the Secretary of State 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..

Supplier's label for a small package of officially certified CS seed E+W

13.  The package shall be labelled—

(a) subject to paragraph 28, 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 the supplier's 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.

14.  The label, notice or stamp referred to in paragraph 13 shall be coloured blue. E+W

PART V E+W Labelling of packages of standard seed

Supplier's label for a package of standard seed other than a small package of such seed E+W

15.  The package shall be labelled not later than the time of sealing—

(a) subject to paragraph 28, 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 the supplier's 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.

16.  Subject to paragraph 29, a reference to any maintenance of the variety may be included on the label, printed notice or stamp referred to in paragraph 15. E+W

17.  The minimum size of the label referred to in paragraph 15 shall be 110 mm x 67 mm. E+W

18.  The label referred to in paragraph 15 shall be coloured dark yellow. E+W

19.  The label referred to in paragraph 15 shall be fixed to the package by a person registered under regulation 5 of the Seed (Registration, Licensing and Enforcement) (Wales) Regulations 2005 M1 as a person who may label standard seed of vegetables. E+W

Marginal Citations

M1 S.I. 2005/3038 (W.226).

Supplier's label for a small package of standard seed other than a mixture E+W

20.  The package shall be labelled—

(a) subject to paragraph 28, 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 the supplier's 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.

21.  Subject to paragraph 29, a reference to any maintenance of the variety may be included on the label, printed notice or stamp referred to in paragraph 20. E+W

22.  The label referred to in paragraph 20 shall be coloured dark yellow. E+W

23.  The label referred to in paragraph 20 shall be fixed to the package by a person registered under regulation 5 of the Seed (Registration, Licensing and Enforcement) (Wales) Regulations 2005 as a person who may label standard seed of vegetables. E+W

Supplier's label for a small package of a mixture of standard seed E+W

24.  The package shall be labelled—

(a) subject to paragraph 28, 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 the supplier's 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.

25.  Subject to paragraph 29, 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 24. E+W

26.  The label referred to in paragraph 24 shall be coloured dark yellow. E+W

27.  The label referred to in paragraph 24 shall be fixed to the package by a person registered under regulation 5 of the Seed (Registration, Licensing and Enforcement) (Wales) Regulations 2005 as a person who may label standard seed of vegetables. E+W

PART VI E+W General provisions

28.  If the packaging material is transparent the label, printed notice or stamp referred to in paragraph 2, 4, 8, 13, 15, 20 and 24 may be placed inside the package provided it can be read through the packaging. E+W

29.—(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— E+W

(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 1 July 1970;

(ii) in Denmark, Ireland or the United Kingdom on 1 July 1973; or

(iii) in Spain on 1 March 1986.

(b) the National Assembly 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.