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20. This Part regulates the types of fodder plants in Schedule 1.
21.—(1) Fodder seed must be—
(a)pre-basic seed;
(b)basic seed;
(c)certified seed;
(d)certified seed, first generation;
(e)certified seed, second generation;
(f)commercial seed; or
(g)seed of a higher voluntary standard.
(2) The seed may be a mixture of fodder species of different varieties provided that each variety in the mixture is certified.
22. Pre-basic seed is seed—
(a)produced from a generation prior to 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 CS, C1 or C2.
23.—(1) Basic seed is seed of—
(a)bred varieties; or
(b)local varieties.
(2) Seed of bred varieties is seed—
(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 certified seed.
(3) Seed of local varieties is seed—
(a)produced under official control from material officially accepted as being of the local variety on one or more holdings situated within a clearly demarcated region of origin;
(b)intended for the production of certified seed.
24. Certified seed is seed (other than of field beans, field peas, lucerne (Medicago sativa), lupins and vetches)—
(a)produced directly from basic seed or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed; and
(b)intended for purposes other than the production of seed.
25. Certified seed, first generation in relation to field beans, field peas, lucerne (Medicago sativa), lupins and vetches is seed—
(a)produced directly from basic seed or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed; and
(b)intended for—
(i)the production of certified seed, second generation (in the case of field beans and field peas only); or
(ii)purposes other than the production of seed (in all cases).
26. Certified seed, second generation in relation to field beans, field peas, lucerne (Medicago sativa), lupins and vetches is seed—
(a)produced directly from basic seed, from certified seed, first generation (C1) or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed; and
(b)intended for purposes other than the production of seed of fodder plants.
27. Commercial seed is seed of annual meadowgrass, Hungarian vetch or sainfoin that is identifiable as belonging to a species.
28.—(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 66/401/EEC on the marketing of fodder plant 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 Annex III to that Directive, and must satisfy the conditions in Annex II to that Directive.
[F1(3) 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.
(4) The crop and 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
F1Sch. 2 para. 28(3)(4) substituted for Sch. 2 para. 28(3) (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 4(2)(c)
Marginal Citations
M1OJ No L 125, 11.7.1966, p. 2298, as last amended by Commission Directive 2009/74/EC (OJ No L 166, 27.6.2009, p. 40).
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