The Seed Marketing (Wales) Regulations 2012
PART 1Introduction
1Title, application and commencement
2Meaning of “marketing”
3Interpretation of other terms
PART 2Categories of seed
4Seed to which these Regulations apply
5Categories of seed
6Breeder's seed
7Maintainers for pre-basic and basic seed
PART 3Marketing seed
8Marketing seed
9Exceptions
10Overriding requirements for certification
11Detailed requirements for certification
12Crop inspections
13Standard of seed at the time of marketing
14Re-grading a crop or seed
15Control plots and tests
16Packaging and sealing
17Labelling
18Mixtures of seed
Permitted mixtures
19Records
PART 4Licensing
20Operations requiring a licence from the Welsh Ministers
21Licensing crop inspectors, seed samplers and seed testing stations
22General provisions relating to licences
PART 5Administration and revocations
23Withdrawing certification
24Sampling for enforcement purposes
25Forms of certificates used for enforcement
26Certification for export
27Importation from outside the European Union
28Appeals
29Fees
30Marketing seed under a specific derogation
31Confidentiality
32Licensing and certifying in another part of the United Kingdom
33Transitional provisions
34Revocation
SCHEDULE 1Seed to which these Regulations apply
  Plants to which the Regulations apply Common name (for...
SCHEDULE 2Certification requirements
PART 1Beet
1Scope of Part 1
2Interpretation
3Permitted types of beet seed
4Meaning of “pre-basic seed”
5Meaning of “basic seed”
6Meaning of “certified seed”
7Crop and seed requirements
PART 2Cereals
CHAPTER 1Types of seed
8Scope of Part 2
9Permitted types of cereal seed
10Meaning of “pre-basic seed” (including hybrids)
11Meaning of “basic seed”
12Meaning of “certified seed”
13Meaning of “certified seed, first generation”
14Meaning of “certified seed, second generation”
15Crop and seed requirements
CHAPTER 2Higher voluntary standards
16Higher voluntary standards for cereals
17Additional requirements for barley, wheat, durum wheat and spelt wheat
18Seed from other plants
Seed of other species
19Ergot and sclerotia
PART 3Fodder plants
CHAPTER 1Basic standards
20Scope of Part 3
21Permitted types of fodder seed
22Meaning of “pre-basic seed”
23Meaning of “basic seed”
24Meaning of “certified seed”
25Meaning of “certified seed, first generation”
26Meaning of “certified seed, second generation”
27Meaning of “commercial seed”
28Crop and seed requirements
CHAPTER 2Higher voluntary standards
29Higher voluntary standards for fodder seed
30Minimum standards for purity and other species of seed in the sample
PART 4Oil and fibre
31Scope of Part 4
32Permitted types of oil and fibre seed
33Meaning of “pre-basic seed”
34Meaning of “basic seed” for non-hybrid varieties
35Meaning of “basic seed” for inbred lines
36Meaning of “basic seed” for simple hybrids
37Meaning of “certified seed”
38Meaning of “certified seed, first generation”
39Meaning of “certified seed, second generation”
40Meaning of “certified seed, third generation”
41Meaning of “commercial seed”
42Crop and seed requirements
43Requirements for a varietal association
PART 5Vegetables
44Scope of Part 5
45Permitted types of vegetable seed
46Meaning of “pre-basic seed”
47Meaning of “basic seed”
48Meaning of “certified seed”
49Meaning of “standard seed”
50Crop and seed requirements
SCHEDULE 3Labelling and loose sales
PART 1Introduction
1Types of label
2Time of labelling
3Genetically modified varieties
4Chemical treatment of seed
PART 2Official labels
5Official labels: general requirements
6Official labels for pre-basic seed
7Official labels for basic seed and certified seed
8Official labels for commercial seed not certified as to variety
9Labelling mixtures
PART 3Additional requirements for official labels for specific species
10Introduction
11Additional requirements for beet seed
12Additional requirements for cereal seed
13Additional requirements for fodder seed
14Additional requirements for oil and fibre seed
PART 4Supplier's labels
15Meaning of “supplier's label”
16Labelling a package
17References to weights in this Part
18Breeder's seed: supplier's labels
19Beet seed: supplier's labels
20Cereal seed: supplier's labels
21Fodder seed (agricultural or amenity): packages that may be labelled with a supplier's label
22Fodder seed other than a mixture: labelling requirements
23Fodder seed mixture: labelling requirements
24Oil and fibre seed: supplier's labels
25Vegetable seed: supplier's labels
PART 5Sales of loose seed
26Sales of loose seed
SCHEDULE 4Exceptions
PART 1Supply of seed other than by way of marketing
1Early multiplication of seed
2Seed as grown
3Farm saved seed
PART 2Marketing seed that does not comply with Schedule 2
4Seed with a declared lower germination
5Early movement of seed
6Tetrazolium testing for cereal seed
7Marketing seed of conservation varieties
8Marketing preservation mixtures which include uncertified fodder seed
9Marketing unlisted varieties (other than vegetable seed) for tests and trials
10Marketing unlisted varieties of vegetable seed
11Marketing for scientific or selection purposes
12Restrictions relating to genetically modified seed
13Marketing imported seed to be labelled as HVS
14Marketing seed certified in another member State
15Marketing seed of amateur vegetable varieties
PART 3Certifying seed that does not fully comply with these Regulations
16Seed not finally certified, harvested in another member State
17Seed not finally certified, harvested in a third country
18Marketing extensions

2012 No. 245 (W.39)

SEEDS, WALES

The Seed Marketing (Wales) Regulations 2012

Made

Laid before the National Assembly for Wales

Coming into force

The Welsh Ministers make these Regulations in exercise of the powers in sections 16(1), (1A), (2), (3), (4), (5) and (5A) and 36 of the Plant Varieties and Seeds Act 1964 M1, after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to be concerned, and in exercise of the powers in paragraph 1A of Schedule 2 to the European Communities Act 1972 M2.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for the references in these Regulations to the Directives specified in regulation 3(2) to be construed as references to those Directives as amended from time to time.

Annotations:
Marginal Citations
M1

1964 c. 14; section 16 was amended by section 4(1) of, and paragraph 5(1), (2) and (3) of Schedule 4 to, the European Communities Act 1972 (c. 68), S.I. 1977/1112 and section 2 of the Agriculture Act 1986 (c. 49). See section 38(1) for a definition of “the Minister”. Under the Transfer of Functions (Wales) (No.1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State and under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1, the functions transferred to the Secretary of State by the 1978 transfer Order were transferred to the National Assembly for Wales. By virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 those functions are exercisable by the Welsh Ministers.

M2

1972 c. 68; paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).