The Seed Marketing (Wales) Regulations 2012

CHAPTER 1 E+W Types of seed

Scope of Part 2 E+W

8.  This Part regulates the types of cereal in Schedule 1.

Permitted types of cereal seed E+W

9.—(1) Cereal seed must be—

(a) pre-basic seed;

(b) basic seed;

(c) certified seed;

(d) certified seed, first generation;

(e) certified seed, second generation; or

(f) seed of a higher voluntary standard.

(2) The seed may be a mixture of cereal species of different varieties provided that each variety in the mixture is certified and is effective against the propagation of harmful organisms.

Meaning of “pre-basic seed” (including hybrids) E+W

10.  Pre-basic seed (including hybrids) is seed—

(a) produced from a generation prior to pre-basic seed or from pre-basic seed by or under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; and

(b) intended for the production of—

(i) more pre-basic seed;

(ii) basic seed; or

(iii) with the breeder's written authority, certified seed of categories CS, C1 or C2 (hybrid varieties may not be produced to C1 or C2).

Meaning of “basic seed” E+W

11.  Basic seed is seed complying with the following conditions.

Type of cereal	Condition
Self-pollinating varieties of oats, naked oats, barley, rye, triticale, wheat, durum wheat and spelt wheat	The seed must be— (a) produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; and (b) intended for the production of certified seed of categories CS C1 or C2
Hybrid varieties of oats, barley, rye, wheat, durum wheat, spelt wheat, triticale and maize	The seed must be intended for the production of hybrids
Maize spp open-pollinated varieties	The seed must be— (a) produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; (b) intended for the production of seed of this variety of the category 'certified seed' triple cross or of top cross hybrid variety or of intervarietal hybrids
Maize, inbred lines	Any seed

Meaning of “certified seed” E+W

12.  Certified seed is seed—

(a) of rye, maize, or triticale and hybrids of barley, oats, wheat, durum wheat, spelt wheat;

(b) that has been produced directly from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed that satisfies the conditions for basic seed; and

(c) that is intended for purposes other than the production of cereal seed.

Meaning of “certified seed, first generation” E+W

13.  Certified seed, first generation is seed—

(a) of oats, barley, triticale, wheat, durum wheat or spelt wheat, other than hybrids in each case;

(b) produced directly from basic seed or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed; and

(c) intended either for the production of seed of the category 'certified seed, second generation' or for purposes other than the production of cereal seed.

Meaning of “certified seed, second generation” E+W

14.  Certified seed, second generation is seed—

(a) of oats, barley, triticale, wheat, durum wheat or spelt wheat, other than hybrids in each case;

(b) produced directly from basic seed, from certified seed, first generation or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed; and

(c) intended for purposes other than the production of cereal seed.

Crop and seed requirements E+W

15.—(1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(3)(A) of, and Annex I to, Council Directive 66/402/EEC on the marketing of cereal seed M1 , and the crop must satisfy the conditions in that Annex.

(2) The seed produced by the crop must be sampled in accordance with Article 7 of, and Annex III to, that Directive and must satisfy the conditions in Annex II to that Directive.

(3) The maximum moisture content must not exceed 17% by weight.

[F1 (4) The crop and the seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.

(5) The crop and the seed produced by the crop must comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs set out in implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.]

Textual Amendments

F1 Sch. 2 para. 15(4)(5) substituted for Sch. 2 para. 15(4) (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 4(2)(b)

Marginal Citations

M1 OJ No L 125, 11.7.1966, p. 2309, as last amended by Commission Directive 2009/74/EC (OJ No L 166, 27.6.2009, p. 40).