The Beet Seed (Wales) Regulations 2005

Re-grading of seed

12.—(1) An application to re-grade—

(a) seed of the type specified in entry 1, 2, 3 or 4 in column 1 of the table in Schedule 5 as seed of the type specified in the corresponding entry in column 2 of the table (“the new category”), or

(b) seed of the type specified in entry 5 in column 1 of the table in Schedule 5 as seed of either of the types specified in the corresponding entry in column 2 of the table (“the new category”),

may be made to the National Assembly by a registered person.

(2) An application made under this regulation shall be made in such form and manner and at such time as the National Assembly shall require and, if required by the National Assembly , shall be accompanied by—

(a) an official sample of the seed to which the application relates;

(b) an application made under regulation 10 for the testing of an official sample of the seed lot; and

(c) such other information and other documents as the National Assembly may require for the purpose of determining the application.

(3) The National Assembly may test, or arrange for a licensed seed testing station to test, seed from an official sample of a seed lot in respect of which an application has been made under this regulation to determine whether it meets the conditions laid down in Part II of Schedule 4 for the new category of seed.

(4) Where—

(a) the National Assembly is satisfied that the seed has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety;

(b) in a case where the seed was harvested from a crop produced in Wales, the National Assembly carried out a field inspection of the crop;

(c) in a case where the seed was harvested from a crop produced in the United Kingdom elsewhere than in Wales, a field inspection of the crop was carried out by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;

(d) in a case where the seed was harvested from a crop produced in another member State, a field inspection of the crop was carried out by or on behalf of the seed certification authority in the member State; and

(e) in a case where the seed was harvested from a crop produced in an equivalent third country, a field inspection of the crop was carried out by the approved seed certification authority in the third country;

(f) the National Assembly is satisfied that the seed was harvested from a crop that met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed;

(g) in a case where the official sample referred to in paragraph (2) has been tested, it has been found to satisfy the conditions laid down in Part II of Schedule 4 for the new category of seed; and

(h) in a case where the official sample referred to in paragraph (2) has not been tested, the National Assembly is satisfied on the basis of the information contained in a seed test report previously issued in respect of the lot—

(i) by on behalf of the National Assembly, the Secretary of State, the Scottish Ministers, the Department of Agriculture and Rural Development or by a licensed seed testing station;

(ii) by on behalf of the competent seed certification authority in another member State or by a licensed EC seed testing station in another member State; or

(iii) by the approved seed certification authority or by a licensed third country seed testing station in an equivalent third country,

that the seed in the lot satisfies the conditions laid down in Part II of Schedule 4 for the new category of seed,

the National Assembly shall notify the applicant that the application to re-grade the seed lot has been successful.

(5) Where the National Assembly is satisfied that the conditions specified in paragraph (4) have not been met it shall inform the applicant that the application to re-grade the seed lot has been unsuccessful.