SCHEDULE 1INTERPRETATION

Regulation 2(5) and Schedule 10

PART I Meaning of pre-basic seed and similar expressions

Pre-basic seed1

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.

UK officially certified pre-basic seed of a listed variety2

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 Secretary of State 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 Secretary of State 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 or by a UK seed test carried out under official supervision (in either case 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 Secretary of State 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 National Assembly under regulation 13 to re-grade it as pre-basic seed.

EC officially certified pre-basic seed of a listed variety3

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.

Overseas tested officially certified pre-basic seed of a listed variety4

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—

i

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, or

ii

by a licensed EC seed testing station in either of the member States referred to in paragraph (i),

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).

UK officially certified early movement pre-basic seed of a listed variety5

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 Secretary of State 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 Secretary of State 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 or by a UK seed test carried out under official supervision(in either case 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 Secretary of State 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 National Assembly under regulation 13 to re-grade it as early movement pre-basic seed.

EC officially certified early movement pre-basic seed of a listed variety6

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.

Officially certified pre-basic seed7

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.

PART II Meaning of basic seed and similar expressions

Basic seed8

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.

UK officially certified basic seed of a listed variety9

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 Secretary of State 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 Secretary of State 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 or by a UK seed test carried out under official supervision(in either case 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 Secretary of State 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 National Assembly under regulation 13 to re-grade it as basic seed.

EC officially certified basic seed of a listed variety10

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.

Overseas tested officially certified basic seed of a listed variety11

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—

i

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, or

ii

by a licensed EC seed testing station in either of the member States referred to in pargraph (i),

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).

UK officially certified early movement basic seed of a listed variety12

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 Secretary of State 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 Secretary of State 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 or by a UK seed test carried out under official supervision(in either case 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 Secretary of State 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 National Assembly under regulation 13 to re-grade it as early movement basic seed.

EC officially certified early movement basic seed of a listed variety13

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.

UK officially certified basic seed of a component of a listed hybrid variety14

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 Secretary of State 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 Secretary of State 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 or by a UK seed test carried out under official supervision (in either case 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 Secretary of State or the Department of Agriculture and Rural Development that has not been finally determined.

EC officially certified basic seed of a component of a listed hybrid variety15

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.

Overseas tested officially certified basic seed of a component of a listed hybrid variety16

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—

i

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, or

ii

by a licensed EC seed testing station in either of the member States referred to in paragraph(i)

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).

UK officially certified early movement basic seed of a component of a listed hybrid variety17

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 Secretary of State 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 Secretary of State 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 or by a UK seed test carried out under official supervision(in either case 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 Secretary of State or the Department of Agriculture and Rural Development that has not been finally determined.

EC officially certified early movement basic seed of a component of a listed hybrid variety18

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.

Officially certified basic seed19

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.

PART III Meaning of CS seed and similar expressions

CS seed20

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.

UK officially certified CS seed of a listed variety21

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 Secretary of State 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 Secretary of State 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) or, in the case of a crop that has been produced from seed that has been subject to satisfactory official post control, by a UK field inspection carried out under official supervision following the listing of the varietyto 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 or by a UK seed test carried out under official supervision(in either case 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;

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 Secretary of State 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 National Assembly under regulation 13 to re-grade it as CS seed.

EC officially certified CS seed of a listed variety22

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.

Overseas tested officially certified CS seed of a listed variety23

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—

i

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, or

ii

by a licensed EC seed testing station in either of the member States referred to in paragraph (i),

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).

UK officially certified early movement CS seed of a listed variety24

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 Secretary of State 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 Secretary of State 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) or, in the case of a crop that has been produced from seed that has been subject to satisfactory official post control, by a UK field inspection carried out under official supervision following the listing of the variety 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 or by a UK seed test carried out under official supervision(in either case 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 Secretary of State 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 National Assembly under regulation 13 to re-grade it as early movement CS seed.

EC officially certified early movement CS seed of a listed variety25

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.

Officially certified CS seed26

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.

Early multiplication27

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 or a UK seed test carried out under official supervision 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 or a licensed EC seed testing station 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,

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 or a UK seed test carried out under official supervision 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 or a licensed EC seed testing station 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.

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.

PART IV Meaning of standard seed

Standard seed28

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.

PART V Meaning of expressions relating to imported not finally certified seed

Not finally certified pre-basic seed harvested in another member State29

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”.

Not finally certified basic seed harvested in another member State30

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).

Not finally certified CS seed harvested in another member State31

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 or in the case of seed that has been harvested from a crop that has been produced from seed that has undergone official post control the results of which have been satisfactory, by a field examination of the crop carried out by a licensed EC crop inspector in that 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).

SCHEDULE 2SPECIES OF SEED TO WHICH THESE REGULATIONS APPLY

Regulations 2(1), 5, 23(3)(b) and 25(3)(a)(ii)

1

Asparagus.

2

The following species of beans—

a

broad bean;

b

French bean; and

c

runner bean.

3

Beetroot (also known as red beet).

4

Brussels sprouts.

5

The following species of cabbage—

a

red cabbage;

b

savoy cabbage; and

c

white cabbage.

6

Carrot.

7

Cauliflower.

8

Celery.

9

Chard and spinach beet.

10

Chinese cabbage.

11

Cucumber and gherkin.

12

Curly kale.

13

Endive.

14

Gourd.

15

Kohlrabi.

16

Large-leaved chicory (also known as Italian chicory) and Witloof chicory.

17

Leek.

18

Lettuce.

19

Marrow.

20

Melon.

21

Onion.

22

Parsley.

23

Pea other than field pea.

24

Radish.

25

Spinach.

26

Sprouting broccoli (also known as calabrese).

27

Tomato.

28

Turnip.

SCHEDULE 3CONDITIONS RELATING TO CROPS FROM WHICH SEED IS TO BE HARVESTED

Regulations 2(1), 8(8) to (12), (13)(b), 8(15)(b), (15)(c) and 18(a),10(3), (4)(a) and (b)(ii), 11(15)(a) and (b), 13(3), 13(5)(e) to (g) and 14(1)(b), 17(2) 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.

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—

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.

4

Diseases and harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

5

1

A crop from which basic is to be produced shall be examined by at least one official UK field inspection to determine whether the crop meets the requirements in this Schedule and in Part I of Schedule 4.

2

A crop from which CS seed is to be produced shall be examined by at least one official UK field inspection or a UK field inspection carried out under official supervision to determine whether the crop meets the requirements in this Schedule and in Part I of Schedule 4.

3

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.

SCHEDULE 4CONDITIONS TO BE SATISFIED BY THE SEED

Regulations 2(1), 8(8) to (12), (13(b)), (15(c)) and (18)(a), 10(3) and (4)(a) and (b), 11(6) to (13) and (15)(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

PART IConditions to be examined mainly by field inspections

1

The seed shall have sufficient varietal identity and varietal purity.

2

In the case of seed of turnips the minimum varietal purity shall be—

a

99.7% in the case of basic seed, and

b

98% in the case of CS seed.

PART IIConditions to be examined by seed testing

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—

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—

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).

6

Seed of broad beans, French beans, runner beans and peas shall not be contaminated by—

a

Acanthoscelides obtectus Sag.;

b

Bruchus affinis Froel.;

c

Bruchus atomarius L.;

d

Bruchus pisorum L.; or

e

Bruchus rufimanus Boh.

PART III Other conditions

7

Diseases and harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level that can be achieved.

PART IV General provisions

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.

SCHEDULE 5RE-GRADING OF SEED

Regulation 13(1)

Column (1)

Column (2)

1

UK, EC or overseas tested officially certified pre-basic seed of a listed variety

UK officially certified pre-basic seed of a listed variety

UK, EC or overseas tested officially certified basic seed of a listed variety

UK officially certified basic seed of a listed variety

UK, EC or overseas tested officially certified CS seed of a listed variety

UK officially certified CS seed of a listed variety

2

UK and EC officially certified early movement pre-basic seed of a listed variety

UK officially certified early movement pre-basic seed of a listed variety

UK and EC officially certified early movement basic seed of a listed variety

UK officially certified early movement basic seed of a listed variety

UK and EC officially certified early movement CS seed of a listed variety

UK officially certified early movement CS seed of a listed variety

SCHEDULE 6CATEGORIES OF SEED THAT MAY BE MARKETED

Regulation 15(1)

Breeder's seed1

Breeder's seed.

Pre-basic seed of a listed variety2

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.

Basic seed of a listed variety5

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.

CS seed of a listed variety8

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.

Early movement pre-basic seed of a listed variety11

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.

Early movement basic seed of a listed variety13

UK officially certified early movement basic seed of a listed variety.

14

EC officially certified early movement basic seed of a listed variety.

Early movement CS seed of a listed variety15

UK officially certified early movement CS seed of a listed variety.

16

EC officially certified early movement CS seed of a listed variety.

Basic seed of a component of a listed hybrid variety17

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.

Early movement basic seed of a component of a listed hybrid variety20

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.

Standard seed22

Standard seed.

SCHEDULE 7LOT AND SAMPLE WEIGHTS

Regulations 2(1), 22(3) to (5), 26(3) and 27(7)

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

5

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

SCHEDULE 8LABELLING

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

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

1

The following particulars shall be given—

a

“complies with legal standards”;

b

the species, indicated at least in Roman characters; and

c

the variety.

PART II 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—

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.

PART III Labelling of packages of officially certified pre-basic seed

Official label for a package of officially certified pre-basic seed4

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.

6

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

7

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 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 Labelling of packages of officially certified basic and CS seed

Official label for a package of officially certified basic or CS seed8

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.

10

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

11

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

12

The label referred to in paragraph 8—

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 seed13

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.

PART V Labelling of packages of standard seed

Supplier's label for a package of standard seed other than a small package of such seed15

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.

17

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

18

The label referred to in paragraph 15 shall be coloured dark yellow.

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.

Supplier's label for a small package of standard seed other than a mixture20

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.

22

The label referred to in paragraph 20 shall be coloured dark yellow.

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.

Supplier's label for a small package of a mixture of standard seed24

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.

26

The label referred to in paragraph 24 shall be coloured dark yellow.

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.

PART VI 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.

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—

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.

SCHEDULE 9LIMITS OF VARIATION

Regulation 27(2)

GERMINATION

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

ANALYTICAL PURITY

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

CONTENT OF SEEDS OF OTHER PLANT SPECIES

Stated minimum percentage of analytical purity (expressed to one decimal point)

Limit of variation 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

SCHEDULE 10INDEX OF WORDS AND EXPRESSIONS USED IN THESE REGULATIONS

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

Deliberate 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 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 L Listed variety

Paragraph 13 of Schedule 1

EC officially certified early movement basic seed of a component of a listed hybrid variety

Paragraph 18 of Schedule 1

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)

Food 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 crop inspector

Regulation 2(1)

Licensed EC crop inspector

Regulation 2(1)

Licensed EC seed testing station

Regulation 2(1)

Licensed seed sampler

Regulation 2(1)

Licensed seed testing station

Regulation 2(1)

Listed variety

Regulation 2(1)

Listing

Regulation 2(1)

Maintainer

Regulation 2(1)

Maintenance

Paragraph 29(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 State

Paragraph 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) (11) and (12)

Qualifying seed lot

Regulation 11(15)

Qualifying seed test report

Regulation 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 that is subject to official post control

Regulation 8(18)

Seed that has been subject to satisfactory post control

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 field inspection carried out under official supervision

Regulation 2(1)

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

UK seed test carried out under official supervision

Regulation 2(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)