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Statutory Instrument 2002 No. 3173The Cereal Seed (England) Regulations 2002(The document as of February, 2008) STATUTORY INSTRUMENTS2002 No. 3173SEEDS, ENGLANDThe Cereal Seed (England) Regulations 2002
The Secretary of State in exercise of the powers conferred on her by sections 16(1), (1A), (2), (3), (4), (5) and (5A) and 36 of the Plant Varieties and Seeds Act 1964[1] after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to her to be concerned, hereby makes the following Regulations: Title, extent and commencement 1.These Regulations may be cited as the Cereal Seed (England) Regulations 2002, shall extend to England and shall come into force on 31st January 2003. General interpretation 2. - (1) In these Regulations -
(b) any of the species referred to in Schedule 2 except maize in the case of seed officially certified by an approved seed certification authority in Australia or Poland; and (c) maize in the case of seed officially certified by an approved seed certification authority in Slovenia and South Africa;
(b) has come from different sources; and (c) either -
(ii) has not been officially certified but has been harvested from a seed crop for which a field inspection report has been issued showing that the crop met the Directive crop conditions for the relevant category of seed; or (iii) is made up of seed that has been officially certified and seed that has not but for which a field inspection report of the type specified in sub-paragraph (ii) has been issued;
(b) in relation to a variety that has been so entered, means the maintainer of the variety;
(b) in the case of basic seed, a component of a hybrid variety;
(b) having met the higher voluntary standards for basic seed laid down in Schedule 4;
(b) having met the higher voluntary standards for C1 seed laid down in Schedule 4;
(b) having met the higher voluntary standards for C2 seed laid down in Schedule 4;
(b) in the case of maize, Rule 6(2)(3) of, and Appendix 8 to, the OECD Maize and Sorghum Seed Scheme, to carry out field inspections of crops in that country;
(b) having met the higher voluntary standards for basic seed laid down in Schedule 4;
(b) having met the higher voluntary standards for C1 seed laid down in Schedule 4;
(b) having met the higher voluntary standards for C2 seed laid down in Schedule 4;
(b) the receipt and acknowledgement of notifications given under regulation 7, and such other activities as may be necessary for those purposes;
(b) the Common Catalogue, but which has been removed from both of them;
(ii) paragraphs 1 to 5, 7, 10, 17, 18 and 20 of Schedule 4, and (b) the category and, where appropriate, level of the seed to be produced, to be satisfactory seed from which to produce that category and, where applicable, level of seed;
(b) a package of a mixture of seeds to which regulation 22 applies, not exceeding 15 kilograms in weight;
(b) in relation to an official UK field inspection of a crop being grown to produce seed of a previously listed variety or a component of a previously listed hybrid variety, means an inspection carried out while the variety or hybrid variety was listed or after it became unlisted; (c) in relation to an official UK seed test or a UK seed test carried out under official supervision of seed of a listed variety or a component of a listed hybrid variety, means a test carried out before or after the listing of the variety or hybrid variety; and (d) in relation to an official UK seed test or a UK seed test carried out under official supervision of seed of a previously listed variety or a component of a previously listed hybrid variety, means a test carried out while the variety or hybrid variety was listed or after it became unlisted. (2) In these Regulations, in relation to varieties, hybrids and inbred lines of maize -
(3) All applications, approvals, authorisations, notices, notifications and statements to which these Regulations apply shall be made in writing.
(b) notifications required to be made by the Secretary of State to any person shall only be made by an electronic communication if the intended recipient has himself used the same form of electronic communication in communicating with the Secretary of State for the purpose of these Regulations or has otherwise represented that that form of electronic communication is a means by which the Secretary of State can communicate with him. (5) Expressions in these Regulations which are not defined in this regulation or elsewhere in these Regulations or in a Schedule to these Regulations and which appear in the Cereal Seed Directive have the same meaning in these Regulations as they have in that Directive.
Definition of marketing
(b) any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties, whether or not for consideration, and "market" and "marketed" shall be construed accordingly.
(b) the supply of seed to a person who provides processing or packaging services but who does not thereby acquire title to the seed supplied, shall not be regarded as marketing of seed of that variety. Entry of seed lots 6. - (1) Subject to paragraph (2), an application to enter a seed lot from which it is intended that a crop is to be produced from which pre-basic, basic, CS, C1 or C2 seed is to be harvested may be made to the Secretary of State by a registered person. (2) An application made under this regulation -
(b) shall be made -
(ii) in the case of an application to enter a seed lot made after that time, at such time as the Secretary of State may otherwise allow; and (c) shall be accompanied -
(ii) by such information and other documents as the Secretary of State may require, including, if required, a copy of a qualifying seed test report relating to the seed lot. (3) At an appropriate time following the receipt of an application made under this regulation, the Secretary of State -
(b) in the case of an application to enter a seed lot from which it is intended to produce a crop from which CS seed of a hybrid variety of rye is to be harvested, shall sow a control plot with seed taken from an official sample of seed taken from the seed lot unless a control plot has already been sown with seed from an official sample of the seed lot. (4) In this regulation -
(b) in a case where an official sample taken from the seed lot has been found to meet the conditions for the category of seed for which it was tested under regulation 11(6)(b), a seed test report issued in accordance with regulation 11(12)(b). Entry of crop
(b) shall be given within such time as the Secretary of State may require; (c) shall specify the reference number of the seed lot from which the sown seed has been taken; and (d) shall be accompanied by such information and other documents as the Secretary of State may require. (3) Subject to paragraph (4), the Secretary of State shall acknowledge receipt of a notification given under this regulation.
(b) a crop being produced in England from an entered or late entered seed lot from which it is intended that pre-basic seed of barley, durum wheat, oats, spelt wheat or wheat, other than a component used in the production of a listed hybrid variety, is to be harvested ("a regulation 8(1)(b) crop"); (c) a crop being produced in England from an entered or late entered seed lot from which it is intended that basic seed of maize or rye (including a component of a hybrid variety in each case), triticale or a component of a hybrid variety of barley, durum wheat, oats, self-pollinating triticale, spelt wheat or wheat is to be harvested ("a regulation 8(1)(c) crop"); (d) a crop being produced in England from an entered or late entered seed lot from which it is intended that HVS level basic seed of barley, durum wheat, oats, spelt wheat or wheat, other than a component of a hybrid variety, is to be harvested ("a regulation 8(1)(d) crop"); (e) a crop being produced in England from an entered or late entered seed lot from which it is intended that minimum level basic seed of barley, durum wheat, oats, spelt wheat or wheat, other than a component of a hybrid variety, is to be harvested ("a regulation 8(1)(e) crop"); (f) a crop being produced in England from a late entered seed lot from which it is intended that CS seed of -
(ii) rye, except for a hybrid of rye; or (iii) a hybrid of barley, durum wheat, oats, a self-pollinating variety of triticale, spelt wheat or wheat; is to be harvested ("a regulation 8(1)(f) crop");
(ii) a hybrid of barley, durum wheat, oats, a self-pollinating variety of triticale, spelt wheat or wheat, is to be harvested of a variety that is not listed but for which an outstanding application for listing has been made ("a regulation 8(1)(m) crop"); (2) An application made under paragraph (1) shall not be made in respect of a regulation 8(1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or (l) crop to produce seed of a variety or hybrid variety that is not listed, or seed of a component of a hybrid variety that is not listed, unless -
(b) a marketing extension is in force in respect of the variety or hybrid variety. (3) Subject to paragraph (4), an application may be made to a licensed crop inspector by a registered person for the field inspection of -
(ii) a hybrid of barley, durum wheat, oats, self-pollinating triticale, spelt wheat or wheat, is to be harvested ("a regulation 8(3)(a) crop"); (4) An application made under paragraph (3) shall not be made -
(b) except in respect of a crop that is being produced from -
(ii) seed that is subject to official post control and for which a determination as to whether the seed is satisfactory seed from which to produce seed of the category and, where applicable, level to which the application relates is awaited. (5) If required by the Secretary of State, an application made under paragraph (3) shall be considered by her instead of by a licensed crop inspector.
(b) unless requested not to do so by the applicant, whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any other category and level of seed to which paragraph (17) applies. (9) Subject to paragraph (13), where in the case of an application made to the Secretary of State under paragraph (1) or an application made under paragraph (3) that is being considered by her under paragraph (5) or has been made to her under paragraph (6), the inspected crop is found to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of -
(b) where applicable, any other category and level of seed to which paragraph (17) applies, the Secretary of State shall issue a field inspection report (which she shall retain as a lodged report unless instructed not to do so by the applicant) stating (by reference to the relevant category or categories and, where applicable, level of seed) that the crop has been found to meet those conditions and shall send the report, or (in a case where the original report is to be retained as a lodged report by the Secretary of State) a copy of the report, to the applicant.
(b) where applicable, any other category and level of seed to which paragraph (17) applies, the licensed crop inspector shall issue a field inspection report to the applicant stating (by reference to the relevant category or categories and, where applicable, level of seed) that the crop has been found to meet those conditions.
(b) in a case where the crop has been inspected to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any other category and, where applicable, level of seed to which paragraph (17) applies, stating the conditions (by reference to the relevant category or categories and, where applicable, level of seed), if any, met by the crop, and shall send the report, or (in a case where the original report is to be retained as a lodged report by the Secretary of State) a copy of the report, to the applicant.
(b) in a case where the crop has been inspected to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any other category and, where applicable, level of seed to which paragraph (17) applies, stating the conditions (by reference to the relevant category or categories and, where applicable, level of seed), if any, met by the crop. (13) Where -
(b) the results of the examination of the control plot show that the plants produced in the plot do not meet the conditions laid down in Schedule 3 or Parts I and III of Schedule 4 for the production of the category and, where appropriate, level of seed intended to be harvested, the Secretary of State may take account of the results of that examination when carrying out an inspection of the crop to which the paragraph (1) or (3) application relates and in determining whether she should issue a field inspection report under paragraph (9) or (11).
(ii) any other crops that are being produced from seed that has been taken from the same seed lot and in respect of which an application has been made under paragraph (3); or (iii) both the crops referred to in paragraphs (i) and (ii). (15) This paragraph applies where -
(b) the plants produced in the control plot being used for the purpose of the official post control have been examined by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development; and (c) it has been determined by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, having regard to -
(ii) the category and, where applicable, level of seed to which the application relates, that the plants produced in the control plot are not satisfactory plants from which to produce seed of the category and, where applicable, level to which the application relates. (16) Where the Secretary of State has carried out an examination of the crop referred to in paragraph (14)(i) or the crops referred to in paragraph (14)(ii), or has carried out an examination of both the crop referred to in paragraph (14)(i) and the crops referred to in paragraph (14)(ii), she shall inform the applicant whether she is satisfied that the seed used to produce the crop to which his application relates was satisfactory seed to be used for the production of the category, and, where applicable, level of seed to which his application relates, and, if the Secretary of State is satisfied that this is the case, the seed used to produce the crop, and seed from the same seed lot, shall be treated as being seed that has been subject to satisfactory official post control for the production of that category and, where applicable, level of seed.
(b) in the case of an application made under paragraph (1) relating to a regulation 8(1)(a) crop of maize or rye, other than a component used in the production of a listed hybrid variety in each case, that has been produced from officially certified pre-basic seed, to the categories of basic and CS seed; (c) in the case of an application made under paragraph (1) relating to a regulation 8(1)(a) crop of triticale, other than a component used in the production of a listed hybrid variety, that has been produced from officially certified pre-basic seed, to the categories of basic, C1 and C2 seed; (d) in the case of an application made under paragraph (1) relating to a regulation 8(1)(a) crop of a component used in the production of a listed hybrid variety, to the category of basic seed; (e) in the case of an application made under paragraph (1) relating to a regulation 8(1)(b) crop of barley, durum wheat, oats, spelt wheat or wheat, other than a component used in the production of a listed hybrid variety in each case, that has been produced from breeder's seed, to the categories of HVS level and minimum level basic seed; (f) in the case of an application made under paragraph (1) relating to a regulation 8(1)(b) crop of barley, durum wheat, oats, spelt wheat or wheat, other than a component of a hybrid variety in each case, that has been produced from officially certified pre-basic seed, to the categories of HVS level basic, minimum level basic, HVS level C1, minimum level C1, HVS level C2 and minimum level C2 seed; (g) in the case of an application made under paragraph (1) relating to a regulation 8(1)(c) crop of a component of a hybrid variety of barley, durum wheat, maize (other than a regulation 8(1)(c) crop of maize being grown to produce a simple hybrid of maize as a component of a more complex hybrid), oats, rye, self-pollinating triticale, spelt wheat or wheat, to the category of pre-basic seed; (h) in the case of an application made under paragraph (1) relating to a regulation 8(1)(c) crop of maize or rye produced from officially certified pre-basic seed, other than a component of a hybrid in each case, to the categories of pre-basic and CS seed; (i) in the case of an application made under paragraph (1) relating to a regulation 8(1)(c) crop of triticale, other than a component of a hybrid variety, produced from officially certified pre-basic seed, to the categories of pre-basic, C1 and C2 seed; (j) in the case of an application made under paragraph (1) relating to a regulation 8(1)(d) crop of barley, durum wheat, oats, rye, spelt wheat, triticale or wheat produced from breeder's seed, to the categories of pre-basic and minimum level basic seed; (k) in the case of an application made under paragraph (1) relating to a regulation 8(1)(d) crop of barley, durum wheat, oats, spelt wheat or wheat produced from officially certified pre-basic seed, to the categories of pre-basic, minimum level basic, HVS level C1, minimum level C1, HVS level C2 and minimum level C2 seed; (l) in the case of an application made under paragraph (1) relating to a regulation 8(1)(e) crop of barley, durum wheat, oats, spelt wheat or wheat that has been produced from breeder's seed, to the categories of pre-basic and HVS level basic seed; (m) in the case of an application made under paragraph (1) relating to a regulation 8(1)(e) crop of barley, durum wheat, oats, spelt wheat or wheat that has been produced from officially certified pre-basic seed, to the categories of pre-basic, HVS level basic, HVS level C1, minimum level C1, HVS level C2 and minimum level C2 seed; (n) in the case of an application made under paragraph (1) relating to a regulation 8(1)(g) or (n) crop or an application made under paragraph (3) relating to a regulation 8(3)(b) crop of barley, durum wheat, oats, spelt wheat or wheat, to the categories of minimum level C1, HVS level C2, and minimum level C2 seed; (o) in the case of an application made under paragraph (1) relating to a regulation 8(1)(h) or (o) crop or an application made under paragraph (3) relating to a regulation 8(3)(c) crop of barley, durum wheat, oats, spelt wheat or wheat, to the categories of HVS level C1, HVS level C2 and minimum level C2 seed; (p) in the case of an application made under paragraph (1) relating to a regulation 8(1)(i) or (p) crop or an application made under paragraph (3) relating to a regulation 8(3)(d) crop of triticale, to the category of C2 seed; and (q) in the case of an application made under paragraph (1) relating to a regulation 8(1)(j) or (q) crop or an application made under paragraph (3) relating to a regulation 8(3)(e) crop of barley, durum wheat, oats, spelt wheat or wheat, to the category of minimum level C2 seed; and (r) in the case of an application made under paragraph (1) relating to a regulation 8(1)(k) or (r) crop or an application made under paragraph (3) relating to a regulation 8(3)(f) crop of barley, durum wheat, oats, spelt wheat or wheat, to the category of HVS level C2 seed. (18) In this regulation "seed that is subject to official post control" means seed from a seed lot for which a control plot has been sown by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development to produce plants which are to be, or have been, examined by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, as the case may be, to determine whether, having regard to -
(ii) paragraphs 1 to 5, 7, 10, 17, 18 and 20 of Schedule 4, and (b) the category and, where applicable, level of the seed, the plants produced in the plot indicate that the corresponding plants in the field are satisfactory plants from which to harvest the category and, where applicable, level of seed in respect of which the paragraph (3) application has been made.
(b) in relation to a crop produced in the United Kingdom elsewhere than in England, to a report relating to the crop equivalent to that specified in sub-paragraph (a) issued -
(ii) by a licensed crop inspector; (c) in relation to a crop produced in another member State, to an Annex V(C) document relating to the crop issued by or on behalf of the competent seed certification authority in the member State; and (3) An application made under this regulation -
(b) shall be made within such time as the Secretary of State may require but, unless otherwise permitted by the Secretary of State, shall be made not later than the time when any seed test report relating to the seed harvested from the crop is lodged with the Secretary of State under regulation 12; (c) shall, subject to paragraph (4), be accompanied -
(ii) in relation to a crop produced in the United Kingdom elsewhere than in England, by a copy of the document referred to in paragraph 2(b) except that this need not be provided in a case where confirmation that the crop meets the conditions for the production of the appropriate category and, where applicable, level of seed has already been provided to the Secretary of State by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development (as the case may be); (iii) in relation to a crop produced in another member State, by a copy of the document referred to in paragraph 2(c); (iv) in relation to a crop produced in an equivalent third country, by a copy of the document referred to in paragraph 2(d); and (v) by such other information and documents as the Secretary of State may require. (4) The Secretary of State may permit, subject to any conditions that she may impose, an application made under this regulation relating to a crop for which the applicant previously made an application under regulation 8(3) to be accompanied by the following document instead of the field inspection report issued under regulation 8(10) or (12), namely a document relating to the crop (whether relating to that crop alone or relating to other crops in respect of which an application has been made by the applicant under regulation 8(3)) -
(b) that identifies the licensed crop inspector or inspectors who inspected the crop; (c) that states that during a period of three years from the date of issue of the field inspection report, the original report will be produced to the Secretary of State on demand and that a copy of the report will be made available to her on request during that period; and (d) that contains such other information as the Secretary of State may require. (5) Where a document of the type specified in paragraph (4) accompanies an application made under this regulation instead of a field inspection report, the applicant shall produce the field inspection report referred to in paragraph (3) to the Secretary of State on demand during the period of three years from the date of the issue of the field inspection report and shall make a copy of the report available to her on request during that period.
(b) such other information as the Secretary of State may require for the purpose of determining the application. (3) Where an application made under this regulation has been made in respect of a crop that has not been harvested -
(ii) the condition and stage of development of the crop permit an adequate examination; and (b) the Secretary of State may, in the case of an application to re-grade a crop as a crop to produce CS, C1 or C2 seed, carry out a field inspection of the crop to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category and, where appropriate, level of seed if the condition and stage of development of the crop permit an adequate examination. (4) If the Secretary of State -
(ii) is satisfied that the crop has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; and (iii) is satisfied that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category and, where appropriate, level of seed; (b) in the case of an application to re-grade a crop as a crop to produce CS or C1 seed -
(ii) is satisfied that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category and, where appropriate, level of seed; (c) in the case of an application to re-grade a crop as a crop to produce C2 seed -
(ii) is satisfied that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category and, where appropriate, level of seed, she shall notify the applicant that the crop has been found to meet or (if the crop has already been harvested) it has been found that it would have met the conditions referred to in sub-paragraph (a)(iii), (b)(ii) or (c)(ii), as the case may be, and that his application to re-grade the crop has been successful. (5) If the Secretary of State is satisfied that the conditions specified in paragraph (4) for the relevant category and, where applicable, level of seed have not been met she shall notify the applicant that his application to re-grade the crop has been unsuccessful.
(b) basic seed of maize, rye or triticale, other than a component of a hybrid in each case; (c) basic seed of a component of a hybrid variety of barley, durum wheat, maize (other than a simple hybrid of maize which is a component of a more complex hybrid), oats, rye, self-pollinating triticale, spelt wheat or wheat; (d) in the case of barley, durum wheat, oats, spelt wheat or wheat, HVS level basic seed; (e) in the case of barley, durum wheat, oats, spelt wheat or wheat, minimum level basic seed; (f) in the case of maize or rye, other than a hybrid, CS seed; (g) in the case of barley, durum wheat, oats, spelt wheat or wheat, HVS level C1 seed; (h) in the case of barley, durum wheat, oats, spelt wheat or wheat, minimum level C1 seed; (i) in the case of triticale, C1 seed; (j) in the case of barley, durum wheat, oats, spelt wheat or wheat, HVS level C2 seed; (k) in the case of barley, durum wheat, oats, spelt wheat or wheat, minimum level C2 seed; and (l) in the case of triticale, C2 seed. Seed testing
(b) seed of -
(ii) triticale; or (iii) a hybrid of barley, durum wheat, oats, self-pollinating triticale, spelt wheat or wheat, as basic seed ("a regulation 11(1)(b) seed lot"); (c) barley, durum wheat, oats, spelt wheat or wheat seed, other than a component of a hybrid variety in each case, as HVS level basic seed ("a regulation 11(1)(c) seed lot");
(ii) a hybrid of barley, durum wheat, oats, self-pollinating triticale, spelt wheat or wheat, as CS seed ("a regulation 11(1)(e) seed lot"); (f) barley, durum wheat, oats, spelt wheat or wheat seed as HVS level C1 seed ("a regulation 11(1)(f) seed lot"); (2) An application made under this regulation shall not be made in respect of seed of a variety, or a component of a hybrid variety, that is not listed unless -
(b) a marketing extension is in force in respect of the variety or hybrid variety. (3) An application made under this regulation may be considered by the Secretary of State instead of a licensed seed testing station.
(b) shall be accompanied by an official sample of the seed to be tested and such other information, material, seeds, records, illustrations and other documents as the Secretary of State may require. (6) Following the receipt of an application made under this regulation the licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies) shall, subject to paragraph (7), test seed taken from the official sample provided under paragraph (5)(b) to determine whether it meets the conditions laid down in Part II of Schedule 4 -
(b) unless requested not to do so by the applicant, for any other category and level of seed to which paragraph (14) applies. (7) Where a seed test report has previously been issued by a licensed seed testing station (or the Secretary of State in a case where an application made under this regulation is being considered by her under paragraph (3) or has been made to her under paragraph (4)) in accordance with paragraph (8)(a), (9), (10), (11) or (12) in respect of a seed lot, the licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies) may decide not to test any further official sample of that seed lot for the purposes of paragraph (6) if the information contained in the previously issued report contains sufficient information to enable it (or her) to determine that the official sample would meet the conditions laid down in Part II of Schedule 4 -
(b) where applicable, for any other category and level of seed to which paragraph (14) applies. (8) Subject to paragraph (13), where -
(ii) where applicable, for any other category and level of seed to which paragraph (14) applies, or (b) the provisions of paragraph (7) apply,
(9) Subject to paragraph (13), where it has been determined, by way of a Schedule 4 germination test, that the official sample taken from a regulation 11(1)(a), (b), (c) or (d) seed lot will not meet the applicable germination condition but the sample is found to satisfy all the other conditions laid down in Part II of Schedule 4 for the appropriate category of seed, the licensed seed testing station (or the Secretary of State where paragraph (3) or (4) applies), shall issue a seed test report to the applicant containing a statement to that effect.
(b) where applicable, for any other category and, where applicable, level of seed to which paragraph (14) applies,
(11) Where, following the issue of an interim seed test report under paragraph (10), the tested seed is found to meet the applicable germination condition, the licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies), shall, subject to paragraph (13), issue a seed test report to the applicant stating that the official sample has been found to meet the conditions laid down in Part II of Schedule 4 for the appropriate category and, where applicable, level of seed, and, where applicable, for any other category and level of seed to which paragraph (14) applies.
(b) subject to paragraph (13), in a case where the seed has been tested to determine whether it meets the conditions laid down in Part II of Schedule 4 for any other category and, where applicable, level of seed to which paragraph (14) applies, stating (by reference to the relevant category and level) whether the seed has been found to meet the conditions for any such category and level. (13) If it appears to the Secretary of State that an official sample of the seed lot taken for the purpose of a test in order to ascertain whether it met the appropriate conditions laid down in Part II of Schedule 4 was not taken in accordance with the requirements of regulation 23 the Secretary of State may -
(b) in a case where paragraph (3) or (4) does not apply, direct the licensed seed testing station to refuse to issue a seed test report in accordance with those paragraphs and the licensed seed testing station shall comply with that direction and shall notify the applicant of the reason for its refusal to issue the report. (14) This paragraph applies to the following categories and levels of seed -
(b) in the case of an application made under this regulation relating to a regulation 11(1)(a) seed lot of triticale, other than a component used in the production of a listed hybrid variety, to the categories of basic, C1 and C2 seed; (c) in the case of an application made under this regulation relating to a regulation 11(1)(a) seed lot of maize or rye, other than a component used in the production of a listed hybrid variety, to the categories of basic and CS seed; (d) in the case of an application made under this regulation relating to a regulation 11(1)(a) seed lot of a component used in the production of a listed hybrid variety of barley, durum wheat, oats, rye, self-pollinating triticale, spelt wheat or wheat, to the category of basic seed; (e) in the case of an application made under this regulation relating to a regulation 11(1)(a) seed lot of a component used in the production of a listed hybrid variety of maize (other than where the component itself is a hybrid and is a component of a hybrid variety which is itself a component of another hybrid variety) to the category of basic seed; (f) in the case of an application made under this regulation relating to a regulation 11(1)(b) seed lot of triticale, other than a component of a hybrid variety, to the categories of pre-basic, C1 and C2 seed; (g) in the case of an application made under this regulation relating to a regulation 11(1)(b) seed lot of maize or rye, other than a component of a hybrid variety, to the categories of pre-basic and CS seed; (h) in the case of an application made under this regulation relating to a regulation 11(1)(b) seed lot of a component of a hybrid variety, other than a component which is itself a hybrid, to the category of pre-basic seed; (i) in the case of an application made under this regulation relating to a regulation 11(1)(c) seed lot of barley, durum wheat, oats, spelt wheat or wheat, other than a component of a hybrid variety in each case, to the categories of pre-basic, minimum level basic, minimum level C1 and minimum level C2 seed, and, if requested by the applicant, to the categories of HVS level C1 and HVS level C2 seed; (j) in the case of an application made under this regulation relating to a regulation 11(1)(d) seed lot of barley, durum wheat, oats, spelt wheat or wheat, other than a component of a hybrid variety in each case, to the categories of pre-basic, minimum level C1 and minimum level C2 seed, and, if requested by the applicant, to the categories of HVS level C1 and HVS level C2 seed; (k) in the case of an application made under this regulation relating to a regulation 11(1)(f) seed lot of barley, durum wheat, oats, spelt wheat or wheat, to the categories of minimum level C1 and minimum level C2 seed, and, if requested by the applicant, the category of HVS level C2 seed; (l) in the case of an application made under this regulation relating to a regulation 11(1)(g) seed lot of barley, durum wheat, oats, spelt wheat or wheat, to the category of minimum level C2 seed, and, if requested by the applicant, the category of HVS level C2 seed; (m) in the case of an application made under this regulation relating to a regulation 11(1)(h) seed lot of triticale, to the category of C2 seed; and (n) in the case of an application made under this regulation relating to a regulation 11(1)(i) seed lot of barley, durum wheat, oats, spelt wheat or wheat, to the category of minimum level C2 seed. (15) In this regulation "qualifying seed lot" means a seed lot -
(ii) regulation 8(10); (iii) regulation 8(11) in a case where the crop has been found to meet the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any category and, where applicable, level of seed referred to in regulation 8(11)(b); (iv) regulation 8(12) in a case where the crop has been found to meet the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any category and, where applicable, level of seed referred to in regulation 8(12)(b); (b) containing seed harvested from a crop produced in the United Kingdom elsewhere than in England -
(ii) for which a copy of the field inspection report relating to the crop has been lodged with the Secretary of State in accordance with regulation 9; or (c) imported into the United Kingdom as -
(ii) not finally certified CS or C1 seed harvested in an equivalent third country and for which the Part II.A(3) official certificate relating to the crop from which the seed in the seed lot was harvested has been lodged with the Secretary of State in accordance with regulation 9. Lodging of seed test reports
(b) in a case where the seed to which the final seed test report relates -
(ii) is an unlisted component of a hybrid variety that is not listed, within one month of the date on which the variety or hybrid variety (as the case may be) is listed or within such time as the Secretary of State may otherwise allow. (2) An application to lodge a final seed test report -
(b) shall be accompanied by the final seed test report and such other information and documents as the Secretary of State may require. (3) Subject to paragraph (4), the Secretary of State shall acknowledge receipt of each final seed test report lodged with her.
(b) an application made under regulation 11 for the testing of an official sample of the seed lot; and (c) such other information and other documents as the Secretary of State may require for the purpose of determining the application. (3) The Secretary of State -
(ii) UK, EC, third country or overseas tested officially certified basic seed of a listed variety as UK officially certified pre-basic seed of a listed variety; (iii) seed of a category specified in entry 3 in column 1 of the table in Schedule 5 as seed of the other category specified in entry 3 in column 2 of the table; or (iv) seed of a category specified in entry 4 in column 1 of the table in Schedule 5 as seed of the other category specified in entry 4 in column 2 of the table; and (b) subject to paragraph (4), shall test, or arrange for a licensed seed testing station to test, the official sample in the case of any other application 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.
(b) in the case of an application to re-grade seed as pre-basic or basic seed -
(ii) in a case where the seed was harvested from a crop produced in the United Kingdom elsewhere than in England, 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; (iii) 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 (iv) 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; (c) in the case of an application to re-grade pre-basic seed as CS, C1 or C2 seed, the Secretary of State is satisfied that the seed has been produced from UK, EC or overseas tested officially certified pre-basic seed of a listed variety;
(ii) with the breeder's written authority, from UK, EC, third country or overseas tested officially certified pre-basic seed of a listed variety; (f) the Secretary of State 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;
(ii) by or 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,
the Secretary of State shall notify the applicant that his application to re-grade the seed lot has been successful.
(b) on the basis of information received by the Secretary of State she is satisfied that the crop from which the seed in the seed lot was harvested did not meet the conditions laid down in Schedule 3 or Part I of Schedule 4; or (c) on the basis of information received by the Secretary of State she is satisfied that the seed in the lot, or part of the lot -
(ii) although it met the requirements of Part II of Schedule 4 at the time of such testing it no longer meets them. (2) The Secretary of State may withdraw the official certification in respect of a seed lot, or any part of a seed lot, by giving notice to -
(b) any person marketing, or who has marketed, any of the seed. (3) Where the official certification of a seed lot, or part of a seed lot, is withdrawn under this regulation, the Secretary of State may notify -
(b) any person marketing, or who has marketed, any of the seed; and (c) any person who has purchased, or been supplied with, any of the seed, that the official certification in respect of the lot, or part of the lot (as the case may be) has been withdrawn.
(b) pursuant to paragraph (4), by the person who sold or supplied the seed to him, and, in any case, not later than 7 days after receiving such notice. Marketing of seed 15. - (1) Subject to paragraph (2) and regulations 19 to 22, no person shall market any seed to which these Regulations apply except for seed listed in Schedule 6. (2) Paragraph (1) shall not apply to the marketing of seed, as grown, for processing, provided that the identity of the seed is ensured. (3) Any person marketing seed that has been imported from a third country and exceeds two kilograms shall supply the Secretary of State, in writing and within one month of the first marketing of the seed, with the following particulars relating to the seed -
(b) the variety; (c) the category; (d) the country of production and the official inspection authority; (e) the country of despatch; (f) the importer; and (g) the quantity of seed. Marketing of HVS seed
(b) the seed meets the Higher Voluntary Standards for such seed laid down in Part II of Schedule 4; and (c) a successful application has been made to the Secretary of State under paragraph (3) verifying that the crop and seed has attained those standards. (3) An application for verification that basic, C1 or C2 seed of barley, durum wheat, oats, spelt wheat or wheat has attained the Higher Voluntary Standards for such seed may be made to the Secretary of State in such form and manner and containing such information and accompanied by such documents as the Secretary of State may require and the Secretary of State shall grant the application if the Secretary of State is satisfied that -
(b) the seed meets the Higher Voluntary Standards for such seed laid down in Part II of Schedule 4. Marketing of officially certified lower germination seed
(b) the person marketing the seed guarantees a specific minimum percentage of germination for the seed; and (c) another label is attached to the outside of the package containing the seed specifying the specific minimum percentage of germination guaranteed by the person marketing the seed, his name and address and the reference number of the seed lot. Marketing of officially certified early movement seed
(ii) less than the EC minimum percentage of germination for the relevant species of seed and the same as the percentage of germination ascertained by the provisional analysis on which the certification of the seed was based; and (b) he provides the purchaser, upon or before delivery of the seed, with a statement -
(ii) specifying the guaranteed minimum percentage of germination; and (iii) specifying the name and address of the person marketing the seed and the reference number of the seed lot. (2) No person shall market officially certified early movement CS, C1 or C2 seed unless -
(ii) the same as, or less than, the percentage of germination for the seed ascertained by the provisional analysis on which the certification of the seed was based, and (b) he provides the purchaser, upon or before delivery of the seed, with a statement -
(ii) specifying the guaranteed minimum percentage of germination; and (iii) specifying the name and address of the person marketing the seed and the reference number of the seed lot. (3) Where any person -
(b) the official germination test shows that the percentage of germination of the seed is less than the minimum percentage of germination guaranteed in accordance with the requirements of paragraph (1)(a) or (2)(a) as the case may be, he shall provide the purchaser with the result of the completed official germination test as soon as practicable and, in any event, not later than seven days after being informed of it.
(b) an authorisation has been granted to the producer by or on behalf of -
(ii) the National Assembly for Wales; (iii) the Department of Agriculture and Rural Development; or (iv) a competent seed certification authority in another member State, pursuant to Article 4a(1)(a) of the Cereal Seed Directive. (2) A producer in England may apply to the Secretary of State for a regulation 19 authorisation.
(b) impose such conditions as the Secretary of State may think necessary or desirable having regard to the nature of the scientific purpose or selection work involved and the nature of the seed to which the authorisation relates, including a condition relating to the keeping of records in respect of the marketing of the seed. Exception for test and trials
(b) an authorisation has been granted to the producer by or on behalf of -
(ii) the National Assembly for Wales; (iii) the Department of Agriculture and Rural Development; or (iv) a competent seed certification authority in another member State, pursuant to Article 4a(1)(b) of the Cereal Seed Directive. (2) A producer in England may apply to the Secretary of State for a regulation 20 authorisation.
(b) an application has been submitted to the relevant authority under regulation 4(1)(a) of the Seeds (National Lists of Varieties) Regulations 2001[17] for acceptance of the variety concerned on to a National List that has not been withdrawn or finally determined; and (c) in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety concerned under Part C of Council Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC. (5) A regulation 20 authorisation -
(b) may impose such conditions as the Secretary of State may think necessary or desirable having regard to the nature of the test or trial and the nature of the seed to which the authorisation relates, including a condition relating to the keeping of records in respect of the marketing of the seed. General exemptions
(b) to give effect to the provisions of a Council Decision made under Article 16 of the Cereal Seed Directive and amendments made to such a Decision; or (c) to the extent that the provisions of the general licence are permitted in accordance with measures taken pursuant to Article 17 of the Cereal Seed Directive. (4) A general licence issued under paragraph (2) -
(b) may impose such conditions as the Secretary of State may think necessary or desirable having regard to the marketing permitted by the general licence and the nature of the seed to which it relates, including a condition relating to the keeping of records in respect of the marketing of the seed. Mixtures
(ii) each component of which complied, before mixing, with the relevant provisions of these Regulations; (b) a mixture of different species of seeds, each component of which complied, before mixing, with the relevant provisions of these Regulations; and Sampling
(ii) a licensed seed sampler acting under the supervision of the authority who appointed him; (b) in accordance with the method laid down in Schedule 5 of the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002[19]; and (2) Subject to paragraph (3), the maximum weight of a seed lot shall be that set out in column (3) of the table in Schedule 7.
(b) is taken from a seed lot that does not comply with paragraph (2); or (c) does not comply with paragraph (4) or (5); no further use of that sample shall be made under these Regulations, and any findings or results already obtained from testing seed taken from that sample, or from inspecting plants grown in a control plot that has been sown with seed from that sample, shall be disregarded.
(b) a mixture of seeds to which regulation 22 applies, unless it is marketed in a sufficiently homogeneous seed lot or in part of such a seed lot.
(b) officially certified pre-basic, basic, CS, C1 or C2 seed; or (c) a mixture of seeds to which regulation 22 applies, unless it is in a properly sealed package.
(b) the marketing of officially certified CS seed (other than maize), C1 seed or C2 seed in bulk direct to the final consumer in a container that is closed after filling and in respect of which the person marketing the seed delivers a note to the final consumer containing the information given on the official label on the container from which the seed was taken. (4) In this regulation, in the case of breeder's seed, "properly sealed package" means a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.
(ii) by a person to whom regulation 25(5) applies; (iii) using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal; and (iv) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package; (b) in the case of a package of seed sealed in -
(ii) another member State, a sealed package of seed that has been sealed in accordance with the provisions of Article 9(1) of the Cereal Seed Directive; (6) This paragraph applies to a package of officially certified pre-basic, basic, CS, C1 or C2 seed other than a small package of such seed that has been sealed in the United Kingdom.
(ii) using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal; and (iii) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package; (8) This paragraph applies to a package of a mixture of seeds to which regulation 22 applies other than a small package of such seed that has been sealed in the United Kingdom.
(b) a small package of a mixture of seeds to which regulation 22 applies, that has been sealed in the United Kingdom "properly sealed package" means a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.
(ii) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package; (b) in the case of a package of seed that has been resealed in -
(ii) another member State, a sealed package of seed that, on each occasion it has been resealed, has been sealed in accordance with the provisions of Article 9(2) of the Cereal Seed Directive; |