Statutory Instrument 1989 No. 1313

The Oil and Fibre Plant Seeds (Amendment) Regulations 1989

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1989 No. 1313

SEEDS

The Oil and Fibre Plant Seeds (Amendment) Regulations 1989

Made	26th July 1989

Laid before Parliament

11th August 1989

Coming into force

1st September 1989

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 16(1), (1A), (2), (3), (4) and (8), 36 and 38(1) of the Plant Varieties and Seeds Act 1964^[1] and of all other powers enabling them in that behalf, after consultation in accordance with the said section 16(1) with representatives of such interests as appear to them to be concerned, hereby make the following Regulations:

Title and commencement
    1.    These Regulations may be cited as the Oil and Fibre Plant Seeds (Amendment) Regulations 1989 and shall come into force on 1st September 1989.

Amendment
    2.—(1)  The Oil and Fibre Plant Seeds Regulations 1985^[2] shall be amended in accordance with the following provisions of this regulation.

    (2)  In regulation 3 (interpretation)-
 (a) in paragraph (3)-
 (i) for the definition of "Basic Seed" there shall be substituted the following definition-
""Basic Seed" means-

(a) seeds, other than of hybrids of sunflower, which-
(i) have been produced by or under the responsibility of the maintainer from Pre-basic Seed or, with the written authority of the Minister, from Breeder's Seed,

(ii) are intended for the production of Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or, as regards flax, Certified Seed of the Third Generation, and

(iii) satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;

(b) seeds, in the case of inbred lines of sunflower intended for the production of hybrids, which have been produced from Breeder's Seed or Pre-basic Seed and which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;

(c) seeds, in the case of single cross hybrids of sunflowers, which-
(i) have been produced from Breeder's Seed or Pre-basic Seed and are intended for the production of double-cross hybrids or of three-way cross hybrids, and

(ii) satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2.";

 (ii) in the definition of "Commercial Seed" the words "brown mustard" shall be deleted;
 (b) in paragraph (4) for the words "regulation 5(1)(b), (c) or (d)" there shall be substituted "regulation 5(1)(b), (ii) or (iii)";
 (c) after paragraph (4) there shall be added the following paragraph-
"  (5)  In these Regulations, in relation to varieties, inbred lines and hybrids of sunflower-
"inbred line" means a sufficiently uniform and stable line obtained either by artificial self-fertilisation with selection over several successive generations or by equivalent operations;
"single cross hybrid" means the first generation of a cross between two inbred lines, defined by the maintainer;
"double cross hybrid" means the first generation of a cross between two single cross hybrids, defined by the maintainer;
"three way cross hybrid" means the first generation of a cross between an inbred line and a single cross hybrid, defined by the maintainer.".


    (3)  In regulation 5 (marketing of seeds)-
 (a) for paragraph (1) there shall be substituted the following paragraph-
"  (1)  Subject to the provisions of this regulation, no person shall market any seeds unless they are marketed in seed lots or in parts of seed lots and unless they are-
(a) Commercial Seed, or

(b) seeds of plant varieties which may, for the time being, be marketed in accordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982 and which are-
(i) Breeder's Seed, Pre-basic Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation, or Certified Seed of the Third Generation, or

(ii) seeds which have been produced and packaged in a Member State other than the United Kingdom, which have been labelled appropriately in accordance with the requirements of regulation 9(1), (2), (3), (4), (5), (6) and (8) and which-
-in the case of a small package of seeds, a small EEC A package of seeds or a small EEC B package of seeds, have been sealed in accordance with the requirements of regulation 8(3), or

-in the case of all other seeds, have been officially sealed in a Member State other than the United Kingdom, or



(iii) seeds which have been produced elsewhere than in a Member State and which are marketed in accordance with, and subject to, the conditions imposed by a general licence granted by the Ministers under the authority of this paragraph, which licence shall have effect during the period specified in it unless the Ministers earlier revoke it.";

 (b) after paragraph (10) there shall be inserted the following paragraph-
"  (11)  Seeds which have been produced and packaged in a Member State other than the United Kingdom, notwithstanding that they have not been officially certified as Certified Seed in that Member State, may be imported but shall not be marketed in the United Kingdom until they have been officially certified in the United Kingdom.".


    (4)  For Schedule 1 (kinds of seeds to which the Regulations apply) there shall be substituted the following-

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Notes:

[1] 1964 c. 14; section 16 was amended by the European Communities Act 1972 (c. 68), section 4(1) and paragraph 5(1), (2) and (3) of Schedule 4; section 38(1) (as amended by S.I. 1978/272) contains a definition of "the Ministers" relevant to the exercise of the statutory powers under which these Regulations are made.

[2] S.I. 1985/977, amended by S.I. 1987/1097.

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