[^F1Title, extent and commencement _I1

1. These Regulations may be cited as the Vegetable Seeds Regulations 1993 shall apply to Great Britain and shall come into operation on 1st September 1993.

Revocation _I2

2. The Vegetable Seeds Regulations 1985(3), the Vegetable Seeds (Amendment) Regulations 1987(4) and the Vegetable Seeds (Amendment) Regulations 1989(5) are hereby revoked.

Interpretation _E1

3.^F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation _I44E3

3.—(1) In these Regulations, unless the context otherwise requires—

“the Act” means the Plant Varieties and Seeds Act 1964 ;

[^F85 “additional region” means the region for seed production approved by the Ministers for the purposes of the second paragraph of Article 13.1 (additional regions) of Commission Directive 2009/145 [^F86 , with Article 13.1 of that Directive being read as if for the reference to “Member States” in each place where it occurs there were substituted “ the Scottish Ministers ^F86] ; ^F85]

[^F85 “Amateur Variety” means a variety of vegetable species with no intrinsic value for commercial crop production which is developed for growing under particular conditions and is contained within [^F87 a GB Variety List or an NI Variety List ^F87] ; ^F85]

[^F88 “breeder”—

[^F88 “breeder’s confirmation” means a document issued by [^F9 the Ministers ^F9] in accordance with Schedule 2A containing in respect of the seed to which it relates the particulars specified in Schedule 3A; ^F88]

[^F90 “Commission Directive 2009/145” means Commission Directive 2009/145/EC providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties [^F91 , as amended by Commission Implementing Directive 2013/45/EU ^F91] ; ^F90]

^F92...

[^F93 “Conservation Variety” means a landrace or variety of vegetable species which is naturally adapted to local and regional conditions and threatened by genetic erosion and is contained within [^F94 a GB Variety List or an NI Variety List ^F94] and for these purposes—

[^F95 “ country granted equivalence ” means a country that has been—

“ Crown Dependency ” means any of the Channel Islands or the Isle of Man;

“DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland; ^F95]

[^F96 “ Directive 2001/18/EC ” means Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC , as last amended by [^F97 Regulation (EU) 2019/1381 ^F97] ; ^F96]

[^F98 “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC ; ^F98]

[^F99 “the Food and Feed Regulation” means Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed; ^F99]

[^F100 “ genetically modified ” has the same meaning as it has for the purposes of Directive 2001/18/EC ; ^F100]

[^F101 “the GMO Regulations” means—

[^F101 “GB Authority” means the Scottish Ministers, the Secretary of State or the National Assembly for Wales; ^F101]

[^F101 “GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation; ^F101]

[^F101 “GB Variety List” is a list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001 ; ^F101]

[^F101 “International Authority” means a GB Authority, the NI Authority or the competent seed certification authority of a country other than the United Kingdom, and “by an International Authority” means–

“maintainer” means a person who is indicated in [^F102 a GB Variety List, an NI Variety List or an equivalent list in a country granted equivalence ^F102] as responsible for maintaining a plant variety in accordance with the characteristics to which regard was had when the plant variety was entered in [^F102 a GB Variety List, an NI Variety List or an equivalent list in a country granted equivalence ^F102] ;

“maintenance” in regulation 9(10) means a method of maintaining Standard Seed of a plant variety entered in [^F103 a GB Variety List or an NI Variety List ^F103] , such method being designated by a name applied by the person responsible for it;

^F104...

^F105...

^F104...

[^F106 “the Ministers” means the Scottish Ministers; ^F106]

^F107...

[^F108 “NI Authority” means DAERA; ^F108]

[^F108 “NI Variety List” means a list of plant varieties prepared and published by DAERA in accordance with legislation having equivalent effect in Northern Ireland to the Seeds (National Lists of Varieties) Regulations 2001 ^F108] ;

“official certificate” means a certificate issued by [^F9 the Ministers ^F9] in accordance with Schedule 2 subject to the payment of any fees payable under seeds regulations and containing in respect of the seed to which it relates the particulars specified inSchedule 3 and “officially certified” shall be construed accordingly;

[^F109 “official examination” means—

“official label” means a label issued or authorised by [^F9 the Ministers ^F9] , subject to the payment of any fees payable under seeds regulations, and “official inner label” shall be construed accordingly;

[^F110 “official post control” means a control plot has been sown with seed from the relevant seed lot and has produced plants which have been examined by or on behalf of the relevant [^F111 International ^F111] Authority and for these purposes—

[^F114 “PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas) , paragraph 1 of the EU Plant Health Regulation; ^F114]

[^F110 “region of origin” means the region forming a part or the whole of [^F115 Great Britain ^F115] identified by the Ministers for the purposes of Article 8.1 (region of origin) of Commission Directive 2009/145 [^F116 , with Article 8.1 of that Directive being read as if—

[^F117 “RNQP” means a [^F118 GB ^F118] regulated non-quarantine pest within the meaning given in Article 36 (definition of [^F118 GB ^F118] regulated non-quarantine pests) of the EU Plant Health Regulation; ^F117]

“seed lot” means an identifiable consignment of seeds of a weight not exceeding that specified in Part II of Schedule 5, bearing a unique reference number, in which the seeds shall have been so mixed or blended that, as far as is practicable, the seed lot shows no evidence of heterogeneity;

“seeds regulations” means regulations made under section 16 of the Act and for the time being in force;

“small package” means a package of Certified Seed or Standard Seed containing a net weight of not more than 5 kilograms of seeds as regards runner beans, French bean, pea [^F119 , broad bean, sweet corn or popcorn ^F119] , 500 grams of seeds as regards onion, asparagus, spinach beet or leaf beet or chard, red beet or beetroot, turnip, gourd, marrow, carrot, spinach or radish and 100 grams of seeds as regards other kinds of vegetables;

^F120...

(2) A reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

(3) In these Regulations—

• “Uncertified Pre-basic Seed” means seeds of a generation earlier than that of Basic Seed—

  (a)

  which have been produced [^F121by or under the responsibility of the breeder^F121] , and

  (b)

  which are intended for the production of Uncertified Pre-basic Seed, Pre-basic Seed or Basic Seed;

• [^F122 “Pre-basic Seed” means seeds of a generation earlier than that of Basic Seed—

  (a)

  which have been produced by or under the responsibility of the breeder;

  (b)

  which are intended for the production of Pre-basic Seed, Basic Seed or, with the written authority of the breeder and [^F9 the Ministers^F9] , Certified Seed; and

  (c)

  which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which—

  (i)

  an official certificate has been issued in accordance with Schedule 2; or

  (ii)

  a breeder’s confirmation has been issued in accordance with Schedule 2A;^F122]

• “Basic Seed” means seeds—

  (a)

  which have been produced [^F123by or under the responsibility of the breeder^F123] from Uncertified Pre-basic Seed or Pre-basic Seed,

  (b)

  which are intended for the production of Certified Seed, and

  (c)

  [^F124 which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which—

  (i)

  an official certificate has been issued in accordance with Schedule 2; or

  (ii)

  a breeder’s confirmation has been issued in accordance with Schedule 2A;^F124]

• “Certified Seed” means seeds—

  (a)

  which have been produced directly from Basic Seed or, with the written authority of the [^F125breeder^F125] and [^F9the Ministers^F9] , from Pre-basic Seed,

  (b)

  which are intended to be used mainly for the production of plants or parts of plants for human or animal consumption, and

  (c)

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

• [^F126 “Certified Seed of a Conservation Variety” means seed of a Conservation Variety which—

  (a)

  is produced in the region of origin or an additional region;

  (b)

  descends from seed produced according to well defined practices for the maintenance of the variety;

  (c)

  satisfies the requirements of paragraphs 2, 4, 5, 6 and 7 of Part I of Schedule 4, paragraphs 2 and 3 of Part II of Schedule 4 and Part III of Schedule 4; and

  (d)

  has sufficient varietal purity;^F126]

• [^F127 “Standard Seed” means seed, other than Standard Seed of a Conservation Variety and Standard Seed of an Amateur Variety, which is intended to be used mainly for the production of plants or parts of plants for human or animal consumption and which satisfies the requirements for Standard Seed set out in Part II of Schedule 4; ^F127]

• [^F128 “Standard Seed of a Conservation Variety” means seed of a Conservation Variety which—

  (a)

  is produced in the region of origin or additional region;

  (b)

  descends from seed produced according to well defined practices for the maintenance of the variety;

  (c)

  satisfies the requirements in paragraphs 2 and 3 of Part II of Schedule 4 and Part III of Schedule 4; and

  (d)

  has sufficient varietal purity;^F128]

• [^F128 “Standard Seed of an Amateur Variety” means seed of an Amateur Variety which—

  (a)

  satisfies the requirements in paragraphs 2 and 3 of Part II of Schedule 4 and Part III of Schedule 4; and

  (b)

  has sufficient varietal purity.^F128]

[^F129 (3A) For the purposes of these Regulations, seeds–

(a)produced and packaged in [^F130 a country^F130] other than the United Kingdom;

(b)accompanied by a document issued by a competent authority concerned with the certification of vegetable seeds in [^F131 that [^F132 country^F132,F131]] containing the information specified at paragraph C(b) of Part I of Schedule 6; and

(c)in respect of which an application has been made for a breeder’s confirmation under these Regulations,

shall be deemed to be seeds produced from seeds issued with a breeder’s confirmation.

(3B) For the purposes of these Regulations, seeds–

(a)produced and packaged in [^F133 a country^F133] other than the United Kingdom;

(b)accompanied by a document issued by a competent authority concerned with the certification of vegetable seeds in [^F134 that [^F135 country^F135,F134]] containing the information specified (in respect of packages of seed not finally certified) at paragraph C(b) of Part I of Schedule 6; and

(c)in respect of which an application has been made for an official certificate under these Regulations,

shall be deemed to be seeds produced from seeds issued with such a breeder’s confirmation or an official certificate.

(3C) For the purposes of these Regulations, seeds–

(a)produced and packaged in [^F136 a country^F136] other than the United Kingdom;

(b)labelled in accordance with the requirements of regulation 9; and

(c)in the case of a small package of seeds, sealed in accordance with the requirements of regulation 8(3), or, in the case of seeds other than a small package of seeds, sealed by a competent authority concerned with the certification of vegetable seeds in [^F137 that [^F138 country^F138,F137]] ,

shall be deemed to fall within the meaning of the appropriate category of seeds set out in paragraph (3) above.^F129]

(4) For the purpose of these Regulations, seed marketed in accordance with regulation 5(1)(b) or (c) below shall be deemed to fall within the meaning of the appropriate category of seeds set out in paragraph (3) above.

[^F139 (5) In these Regulations “marketing” means–

(a)selling, holding with a view to sale and offering for sale; and

(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.

(6) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations, shall not be treated as marketing of seed of that variety–

(a)the supply of seed to official testing and inspection bodies; or

(b)the supply of seed to any person for the purpose of processing or packaging the seed provided he does not acquire title to the seed supplied.^F139]

Interpretation _E4

^F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seeds to which the regulations apply _I3

4.—(1)[^F2 Subject to paragraph (2) below^F2] , these Regulations apply to vegetable seeds of the kinds set out in Schedule 1 being seeds intended to be used only for the production of agricultural or horticultural crops.

[^F3 (2) These Regulations do not apply to seed intended for export outside Great Britain (other than regulation 6C (certification and labelling for export)).^F3]

^F4(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marketing of seeds _E2

5.^F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marketing of seeds _I45E5

5.—(1) Subject to the provisions of this regulation [^F140no person shall market any seeds of a plant variety of a species specified in Part I of Schedule 1 to the Seeds (National Lists of Varieties) Regulations 2001 unless the variety is accepted on to [^F141 a GB Variety List or an NI Variety List^F141] and no person shall market any seeds of a plant variety of a derogated species specified in paragraph 1 of Part II of Schedule 1 to those Regulations unless the variety is accepted on to [^F142 a GB Variety List or an NI Variety List^F142] ; and no person shall market any seeds of a plant variety of a species specified in Part I of that Schedule or paragraph 1 of Part II of that Schedule unless the seeds are marketed in seed lots or parts of seed lots and unless they are^F140] —

[^F143 (a)Uncertified Pre-basic Seed, Pre-basic Seed, Basic Seed, Certified Seed in respect of which an official certificate has been issued, Standard Seed, Certified Seed of a Conservation Variety in respect of which an official certificate has been issued, Standard Seed of a Conservation Variety or Standard Seed of an Amateur Variety; or^F143]

(b)seeds which have been produced and packaged in [^F144a country^F144] other than the United Kingdom, which have been labelled appropriately in accordance with the requirements of [^F145regulation 9(1), (1B),^F145] , (2), (5), (6), (7), (9), (10) and (12) and which—

(i)in the case of Standard Seed or a small package of seeds, have been sealed in accordance with regulation 8(3), or

(ii)in the case of all other seeds, have been officially sealed in [^F146a country other than the United Kingdom^F146] other than the United Kingdom, or

[^F147 (bb)Standard Seed of an Amateur Variety which has been produced and packaged in [^F148 a country^F148] other than the United Kingdom and which has been sealed in accordance with Article 29 and labelled in accordance with Article 30 of Commission Directive 2009/145; or^F147]

(c)seeds which have been produced [^F149outside the United Kingdom^F149] and which are—

(i)Standard Seed which has been sealed in accordance with regulation 8(3) and labelled in accordance with regulation 9(6) and (7), or

(ii)Seeds 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;

[^F150 (d)in respect of genetically modified seeds, clearly indicated, in the sales catalogue of the person marketing the seeds and in any other marketing information or marketing representations provided by that person, as having been genetically modified.^F150]

[^F151 (1A) Paragraph (1) above shall not prevent the marketing of seed as grown, marketed for processing, provided the identity of the seed is ensured.^F151]

(2) Except as provided in paragraph (3) below, no person shall market any seeds comprising a mixture of kinds of seeds or varieties of seeds of the same kind.

[^F152 (2A) Where there is an arrangement under which–

(a) seed, other than seed which contains any genetically modified material, under the control of one person (“the first person”) is used by another person (“the second person”) for the purpose of–

(i)increasing the first person’s stock of the seed for sowing; or

(ii)carrying out tests or trials on the seed; and

(b)everything produced from the seed, whether directly or indirectly, and any unused seed, become or remain the property of the first person,

the prohibitions in paragraph (1) above shall not apply to the marketing of the seed by the first person to the second person as part of that arrangement or to the marketing by the second person to the first person of any seed produced (whether directly or indirectly) from that seed.

(2B) The prohibitions in paragraph (1) above shall not apply to the marketing by producers of small quantities of seed, other than seed which contains any genetically modified material, for scientific purposes or selection work.

(2C) If the conditions specified in paragraph (2D) below are satisfied, the prohibitions in paragraph (1) above shall not apply to–

(a)the marketing, as part of any arrangement referred to in paragraph (2A) above by the first person referred to in that paragraph to the second person referred to in that paragraph, of seed which contains any genetically modified material;

(b)the marketing, as part of any arrangement referred to in paragraph (2A) above by the second person referred to in that paragraph to the first person referred to in that paragraph, of seed produced (whether directly or indirectly) from the seed marketed to him as part of any such arrangement which contains any genetically modified material; or

(c)the marketing by producers, for scientific purposes or selection work, of small quantities of seed which contains any genetically modified material.

[^F153 (2D) The conditions referred to in paragraph (2C) are that the marketing and release of the genetically modified material by the applicant has been authorised—

(a)before the day on which IP completion day falls, under Part C of Directive 2001/18/EC,

(b)under the Food and Feed Regulation, or

(c)under the GMO Regulations.^F153,F152]]

(3) Mixtures of different varieties of Standard Seed of lettuce or of different varieties of Standard Seed of radish may be marketed, subject to compliance with the additional requirement as to labelling in Part III of Schedule 6, in packages containing not more than 50 grams of seed and paragraph (1) above shall not prevent the marketing of kinds or varieties of vegetable seeds included in mixtures of seeds permitted by [^F154the Fodder Plant Seed (Scotland) Regulations 2005^F154] , but each constituent of such mixtures, to which these Regulations apply, shall consist of seeds meeting the requirements of paragraph (1) above.

[^F155 (4) The Scottish Ministers may, by a general licence, authorise a temporary experiment (the duration of which must not exceed 7 years) seeking improved alternatives to provisions of these Regulations and organised in accordance with regulations made under section 16(5) of the Act.^F155]

[^F156 (4A) Paragraph (1) above shall not prevent the marketing of seeds of a variety intended for use solely as a component of a final variety where ^F157... the component is not included on [^F158 a GB Variety List or an NI Variety List^F158] and the seeds are not marketed under the names of the component.^F156]

(5) Any person may market to a person engaged in the business of trading in seeds, other than by way of retail sale, seeds which have been imported [^F159from outside the United Kingdom^F159] notwithstanding that such marketing would otherwise be prohibited by virtue of paragraph (1)(c) above.

(6) Notwithstanding the requirement in Part II of Schedule 4 that Basic Seed shall attain the minimum standards of germination specified in the said Schedule any person may, subject to the requirements of regulation 9(4), market as Pre-basic Seed or Basic Seed, seeds which in other respects satisfy the requirements for Basic Seed set out in the said Schedule and in respect of which an official certificate has been issued in accordance withSchedule 2 but which attain a lower percentage of germination than that specified in Schedule 4 in relation to seeds of that kind.

(7) In a case where the official examination in respect of the germination of any seed lot has not been completed, but a preliminary test of germination has shown that the seeds attain the appropriate minimum standard of germination specified in Part II of Schedule 4 and the seeds in other respects satisfy the appropriate requirements of the said Schedule, the seed or any part of the seed lot may, subject to the requirements of paragraph (9) below and regulations 8 and 9, be marketed. In the event of any such marketing the seller of the seeds shall, upon or before delivery, provide the purchaser with a written statement that the seeds are marketed before the completion of the official germination test together with the result of the preliminary test of germination. In the event of the official germination test showing the failure of the seeds to comply with the minimum germination standard required by paragraph 2 of Part II of Schedule 4 for seeds of that kind, the seller shall provide the purchaser with the result of the completed test, in writing, as soon as practicable and in any event not later than seven days after being informed of it.

(8) The provisions of paragraph (7) above shall not apply to the marketing of any seed lot or part of any seed lot in respect of which a previous official examination has shown that the seed fails to meet the standards set out for such seed in Part II of Schedule 4.

(9) A person who sells any seeds in accordance with paragraph (7) above shall make and, during a period of twelve months following the delivery of the seeds, keep available for inspection by an officer of [^F9the Ministers^F9] a record of the date of such delivery, of the reference number of the seed lot delivered, of the name and address of the purchaser, of the date on which the preliminary test of germination was carried out and of the result of that test and, if appropriate, of the date on which the purchaser was informed of the result of the completed official germination test.

[^F160 (9A) Vegetable seeds produced and packaged in [^F161 a country^F161] other than the United Kingdom which have not yet been officially certified shall not be marketed unless they are–

(a)sealed and labelled as required by regulations 8 and 9; and

(b)accompanied by an official document, containing all the information in respect of seeds specified at paragraph C of Part I of Schedule 6.

(9B) A person who imports a package containing a net weight of more than 2 kilograms of vegetable seeds produced [^F162 outside the United Kingdom^F162] shall make available to the Ministers, in such manner and at such a time as the Ministers may require, the information in respect of the seeds specified in Part IV of Schedule 6.^F160]

(10) Paragraphs (6) and (7) of this regulation shall not apply to seeds which have been imported from a country [^F163outside the United Kingdom^F163] unless they have been produced directly from Pre-Basic Seed, or Basic Seed[^F164 produced in the United Kingdom^F164] .

^F165(11) Notwithstanding the requirements of ... paragraph (1) above, any person may market Standard Seed of asparagus, chicory, sprouting broccoli or calabrese which is not of a variety which is entered in [^F166a GB Variety List or an NI Variety List^F166] or which is marketed otherwise than under a varietal name.

(12) Where seeds are sampled for the official examination referred to in paragraph 2(c) of Schedule 2 in an untreated state and are subsequently subjected to chemical treatment the seller shall, upon or before delivering the seeds to the purchaser, provide him with a statement in writing that the seeds have been subsequently subjected to chemical treatment and specifying the chemical nature of such treatment.

^F169(13) Seeds which have been produced and packaged in [^F167a country^F167] other than the United Kingdom, notwithstanding that they have not been officially certified as Certified Seed in [^F168that EEA state^F168] , ... shall not be marketed in the United Kingdom until they have been officially certified in the United Kingdom.

^F170(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marketing of seeds _E6

^F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F5Conservation Varieties

5A.—(1) The Ministers shall ascertain, so far as practicable, whether seed of a Conservation Variety has sufficient varietal purity by the use of official post control and the consideration of any other relevant information.

(2) Where the results of official post control show that the seed does not have sufficient varietal purity, the Ministers shall notify in writing the person marketing the relevant seed lot of that fact.

(3) Where, in the case of Standard Seed of a Conservation Variety, notice is given under paragraph (2), no further marketing of the relevant seed lot shall occur.

(4) No person shall market seed of a Conservation Variety other than in its region of origin or an additional region.

(5) A person proposing to produce seed of a Conservation Variety must supply the Ministers, in such manner and form as the Ministers shall require, with the following details in writing—

(a)the size (in hectares); and

(b)the location,

of the area to be used to produce the seed.

(6) For the purposes of Article 15 (quantitative restrictions) of Commission Directive 2009/145, the Ministers may specify the maximum amount of seed of a Conservation Variety which may be marketed in any given growing season and specify different maxima for different persons or classes of person.

[^F6 (6A) For the purposes of paragraph (6), Article 15 of Commission Directive 2009/145 is to be read as if—

(a) “Each Member State shall ensure that,” were omitted,

(b) for “does not exceed”, there were substituted “ may not exceed ”. ^F6]

(7) Where a person proposing to produce seed of a Conservation Variety has supplied the Ministers with details under paragraph (5), the Ministers may in writing authorise the person to market seed of a Conservation Variety not exceeding the amount specified in the authorisation and shall give notice of that authorisation to the person.

(8) No person shall market more than the maximum amount of seed of a Conservation Variety specified in an authorisation given to that person under paragraph (7).

Amateur varieties

5B.—(1) The Ministers shall ascertain, so far as practicable, whether Standard Seed of an Amateur Variety has sufficient varietal purity by the use of official post control and the consideration of any other relevant information.

(2) Where the results of official post control show that the seed does not have sufficient varietal purity, the Ministers shall notify in writing the person marketing the relevant seed lot of that fact.

(3) Where, in the case of Standard Seed of an Amateur Variety, notice is given under paragraph (2), no further marketing of the relevant seed lot shall occur.

(4) The seed must be in a package not exceeding the maximum net weight specified for each species in Annex II to Commission Directive 2009/145/EC.^F5]

Official certificates _I4

6.—(1) An application for the issue of an official certificate in respect of a seed lot of Pre-basic Seed, Basic Seed [^F7 , Certified Seed or Certified Seed of a Conservation Variety^F7] —

[^F8 (a)shall be made in writing to [^F9 the Ministers^F9] in such form and manner, and shall include such information, records, illustrations, material and seeds, as [^F9 the Ministers^F9] may require; and^F8]

(b)shall be made not later than the thirty-first day of December of the year following the year of harvest of the crop from which the seed is obtained or within such other time as [^F9 the Ministers^F9] may allow.

(2) Where an application for the issue of an official certificate is made to [^F9 the Ministers^F9] in accordance with paragraph (1) above [^F9 the Ministers^F9] shall deal with the application in accordance with the provisions of Schedule 2.

(3) An official certificate which has been issued by [^F9 the Ministers^F9] may be withdrawn by him in respect of either the whole of a seed lot or any part of a seed lot and any seeds from which an official certificate has been so withdrawn shall be deemed not to have been officially certified if—

(a)the results of an official examination of the seeds in respect of which theofficial certificate has been issued are declared null and void in accordance withparagraph (2) of regulation 7, or

[^F10 (aa)in the case of Certified Seed of a Conservation Variety—

(i)the results of an examination are declared null and void in accordance with regulation 7(3); or

(ii)the results of official post control show that the seed does not have sufficient varietal purity; or^F10]

(b)information has been received by him which, if known to him before the official certificate was issued, would have resulted in the application for its issue being refused on the grounds that the seeds did not meet the requirements of seed regulations.

(4) Where, in accordance with paragraph (3) above, seeds are deemed not to have been officially certified the seller of the seeds shall, as soon as practicable and in any case not later than 7 days after being informed of it, notify the purchaser, in writing, that the seeds have not been officially certified.

[^F11 (5) A breeder may apply to [^F9 the Ministers^F9] for the issue of an official certificate in place of a breeder’s confirmation once the seed of that variety may be marketed in accordance with [^F12 regulation 5(1) above^F12] .

(6) An application under paragraph (5) above—

(a)shall be made in writing to [^F9 the Ministers^F9] in such form and manner, and shall be accompanied by such documents, as [^F9 the Ministers^F9] may require; and

(b)shall be made not later than the thirty-first day of December of the year following the year of harvest of the crop from which the seed lot is obtained or within such other time as [^F9 the Ministers^F9] may allow.

(7)[^F9 The Ministers^F9] shall issue an official certificate in the circumstances described in paragraph (5) above provided he is satisfied that—

(a)the seed is the seed in respect of which the breeder’s confirmation was issued;

(b)the breeder’s confirmation has not been withdrawn pursuant to regulation 6A(3); and

(c)there is no reason why the breeder’s confirmation should be withdrawn pursuant to regulation 6A(3).

(8) Schedule 2 below shall not apply to an application for an official certificate made under paragraph (5) above.

(9) Where an official certificate is issued under paragraph (7) above in respect of any seed, no person shall market the seed unless it has been re-labelled with a label which complies with regulation 9.^F11]

[^F13Breeder’s confirmations

6A.—(1) An application for the issue of a breeder’s confirmation in respect of a seed lot—

(a)shall be made in writing by the breeder to [^F9 the Ministers^F9] in such form and manner, and shall include such information, records, illustrations, material and seeds, as [^F9 the Ministers^F9] may require;

(b)shall be made not later than the thirty-first day of December of the year following the year of harvest of the crop from which the seed lot is obtained or within such other time as [^F9 the Ministers^F9] may allow; and

(c)shall be made only for seed of a variety when an application has been made to add the variety to [^F14 a GB Variety List or an NI Variety List^F14] .

(2) Where an application for the issue of a breeder’s confirmation is made to [^F9 the Ministers^F9] in accordance with paragraph (1) above [^F9 the Ministers^F9] shall deal with the application in accordance with the provisions of Schedule 2A.

(3) A breeder’s confirmation which has been issued by [^F9 the Ministers^F9] may be withdrawn by him in respect of either the whole of a seed lot or any part of a seed lot and any seeds from which a breeder’s confirmation has been so withdrawn shall be deemed not to have had a breeder’s confirmation if—

(a)the results of an official examination of the seeds in respect of which the breeder’s confirmation has been issued are declared null and void in accordance with paragraph (2) of regulation 7, or

(b)information has been received by him which, if known to him before the breeder’s confirmation was issued, would have resulted in the application for its issue being refused on the grounds that the seeds did not meet the requirements of the seeds regulations.^F13]

[^F15Importation from [^F16a country granted equivalence^F16]

6B. Seed imported from [^F17 a country granted equivalence^F17] must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.

Certification and labelling for export

6C.—(1) The Scottish Ministers may certify the quality of any seed intended for export.

(2) Following certification in accordance with paragraph (1), any seed exported must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.^F15]

Sampling _I5

7.—(1) A sample of seeds taken for the purposes of an official examination shall be taken, subject to the payment of any fees payable under seeds regulations, by a person authorised by [^F9 the Ministers^F9] in that behalf and in accordance with the requirements contained in Schedule 5.

[^F18 (1A) A sample of seed of a Conservation Variety or Standard Seed of an Amateur Variety taken for the purposes of checking compliance with these Regulations shall be taken in accordance with the requirements contained in Schedule 5.^F18]

(2) If a sample of seeds taken for the purposes of an official examination is found not to have been taken in accordance with the requirements of seeds regulations no, or no further, official examination shall be made of that sample, and any findings or results obtained in the course of any official examination of the sample of seeds already made shall be deemed null and void.

[^F19 (3) If a sample of seed of a Conservation Variety or Standard Seed of an Amateur Variety taken for the purposes of an examination is found not to have been taken in accordance with the requirements of seeds regulations, no examination or no further examination shall be made of that sample and any finding shall be null and void.^F19]

Sealing of packages _I6

8.—(1) No person shall market in accordance with regulation 5(1)(a) or (2) a package (other than a package of Uncertified Pre-basic Seed, a package of Standard Seed or a small package of seeds) of Pre-basic Seed, Basic Seed or Certified Seed unless it has been, not later than at the time of sampling, sealed by or under the supervision of a person authorised by [^F9 the Ministers^F9] in that behalf in such a manner that when the package is opened the sealing device will be broken and cannot be re-used.

(2) If a package of seeds which has been sealed in accordance with paragraph (1) above or imported in accordance with regulations 5(1)(b)(ii) or (c)(ii) shall have been opened it may only be re-sealed or further re-sealed by or under the supervision of a person authorised by [^F9 the Ministers^F9] in that behalf.

(3) No person shall market a package of Uncertified Pre-basic Seed, a package of Standard Seed or a small package of seeds unless it has been sealed with a dealing device in such a manner that when the package is opened the sealing device will be broken and cannot be re-used.

[^F20 (4) No person shall market a package of seed of a Conservation Variety or a package of Standard Seed of an Amateur Variety unless it has been sealed by the supplier using a non-reusable sealing system or some other sealing system—

(a)including the use of a label or the affixing of a seal; and

(b)in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or the package.^F20]

[^F21Sealing of packages—breeder’s confirmation

8A.—(1) No person shall have in his possession any package of seed in respect of which a breeder’s confirmation for Pre-basic Seed or Basic Seed has been applied for unless it has been sealed in accordance with this regulation by or under the supervision of a person authorised by [^F9 the Ministers^F9] in that behalf in such manner that when the package is opened the sealing device will be broken and cannot be re-used.

(2) Sealing under paragraph (1) above shall take place not later than at the time of sampling or, in the case of seed that is wholly or partly re-packaged, the sealing of the original package shall take place no later than that time.

(3) No person shall open a package of seed which has been sealed in accordance with paragraph (1) above except—

(a)for the purpose of sowing all the seed;

(b)where—

(i)any action carried out in relation to the package is done immediately after opening;

(ii)some seed remains in the package after that action has been done; and

(iii)the package is re-sealed under paragraph (4) below immediately after the completion of that action; or

(c)for the purpose of re-packaging and re-sealing all of the seed.

(4) If a package of seeds which has been sealed in accordance with paragraph (1) above shall (in accordance with paragraph (3) above or otherwise) have been opened neither it nor any other package containing any of those seeds may be sealed, re-sealed or further re-sealed (as the case may be) except by or under the supervision of a person authorised by [^F9 the Ministers^F9] in that behalf.

(5) If the details on any label required by regulation 9A cease to be correct as a consequence of any action of the kind described in paragraph (3) above the label shall be replaced, by or under the supervision of a person authorised by [^F9 the Ministers^F9] in that behalf, at the time the package is re-sealed under paragraph (4) above.^F21]

Labelling of packages _I7

9.—(1) Subject to paragraph (10) below, no person shall market any seeds in accordance with regulation 5(1)(a) or (2) except in a package which, not later than at time of sealing, is labelled, inscribed or otherwise dealt with in accordance with this regulation.

[^F22 (1A) In the case of a package of seeds in respect of which [^F9 the Ministers ^F9] has issued an official certificate under regulation 6(7), paragraph (1) above shall apply as if the words “not later than at the time of sealing” were omitted. ^F22]

[^F23 (1B) If a variety has been genetically modified, any label or document, whether official or otherwise, affixed to or accompanying a seed lot or any part of a seed lot in accordance with the provisions of this regulation, shall clearly indicate that the variety has been genetically modified.^F23]

(2) Subject to the exception in paragraph (3) below, a package of Pre-basic Seed or of Basic Seed or a package, other than a small package, of Certified Seed, shall have affixed on the outside an official label, as appropriate to the seeds, which shall be of at least the minimum size and of the colour specified in Part I of Schedule 6, and shall contain particulars of the matters also specified in the said Part I, such label being either an adhesive label of a label secured to the package by a sealing device approved by [^F9 the Ministers^F9] , the label being affixed (in either case) by or under the supervision of a person authorised by [^F9 the Ministers^F9] in that behalf.

(3) The official label referred to in paragraph (2) above shall not be required when all of the particulars to be included therein are included in the official inner label placed in the package in accordance with paragraph (5) of this regulation and the package is sufficiently transparent to enable such particulars to be readily legible through it.

(4) If in accordance with regulation 5(6) a person shall market Pre-basic Seed or Basic Seed of a lower percentage of germination than that specified in Schedule 4 the fact shall be stated on the official label and a suppliers label affixed to the outside of the package shall contain a statement of the germination of the seeds together with the name and address of the seller and the reference number of the lot.

(5) A package of Pre-basic Seed or of Basic Seed or a package, other than a small package, of Certified Seed shall contain an official inner label which shall be of the same colour as, and in addition to, the official label affixed to the outside of the package in accordance with paragraph (2) above. The official inner label shall contain particulars of the reference number of the lot, and of the kind and the variety of the seeds; except that if such particulars are printed indelibly on the outside of the package or if the official label is an adhesive or a tear-resistant label the official inner label referred to in this paragraph shall not be required.

(6) A package of Uncertified Pre-basic Seed or a package, other than a small package, of Standard Seed shall have affixed on the outside a label, as appropriate to the seeds, which shall be of at least the minimum size and of the colour specified in Part II of Schedule 6 and which shall contain particulars of the matters also specified in the said Part II; except that if all such particulars are printed indelibly on the outside of the package the said label shall not be required and if some of such particulars are so printed they may be omitted from the said label.

(7) A small package of Certified Seed or a small package of Standard Seed shall have affixed on the outside a label, as appropriate to the seeds, which shall be of the colour specified in Part III of Schedule 6 and which shall contain particulars of the matters also specified in the said Part III; except that if all such particulars are printed indelibly on the outside of the package the said label shall not be required and if some of such particulars are so printed they may be omitted from the said label.

(8) If a package of Pre-basic Seed, Basic Seed or Certified Seed shall have been re-sealed in accordance with regulation 8(2) above this fact shall be stated on the official label together with the month and year of re-sealing and the name of the authority responsible for the re-sealing either on the official label referred to in paragraph (2) above or on the official inner label in the circumstances referred to in paragraph (3) above.

(9)[^F24 Subject to the exception in paragraphs (12B) and (12C) in respect of seed of a Conservation Variety and Standard Seed of an Amateur Variety,^F24] if any seeds have been subjected to any chemical treatment this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either—

(a)on a separate supplier’s label, or

(b)on the label referred to in paragraph (2), (6) or (7) above or, where such a label is not required, with the particulars otherwise given in accordance with those paragraphs,

and also, except where the label referred to in paragraph (2), (6) or (7) above is not required or where the information prescribed by this paragraph is given on an adhesive or tear-resistant label, either on the outside of the package or in a statement enclosed in the package.

^F25(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)[^F26 Except in relation to seed of a Conservation Variety or Standard Seed of an Amateur Variety,^F26] a person may sell any seeds otherwise than in a package which is labelled, inscribed or otherwise dealt with in accordance with this regulation where—

(a)the seeds are sold by way of retail sale in quantity not exceeding the appropriate maximum weight indicated in Schedule 7, and

(b)the seeds are taken, in the presence of the purchaser, from a container on which there is clearly and visibly marked or near which there is clearly and visibly displayed a statement containing particulars of the matters specified in [^F27 Part V^F27] of Schedule 6.

(12) The particulars and information given in accordance with this regulation shall be given in [^F28 English but may also be given in other languages^F28] .

[^F29 (12A) Where the kind or variety of seed is indicated on a label or marking it must be in Roman characters and the kind of seed may be designated by common name only or by common name and Latin name.^F29]

[^F30 (12B) A package of seed of a Conservation Variety shall bear a supplier’s label or a printed or stamped notice containing the information specified in Part VI of Schedule 6 (and for the avoidance of doubt neither an official label nor an official inner label is required).

(12C) A package of Standard Seed of an Amateur Variety shall bear a supplier’s label or a printed or stamped notice containing the information specified in Part VII of Schedule 6 (and for the avoidance of doubt neither an official label nor an official inner label is required).^F30]

(13) Subject to the provisions of the Act and of these Regulations, no person shall, in the course of the marketing or the preparation for marketing of any seeds by himself or by any other person, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label affixed to, contained in or marked on any package of seeds or to be so affixed, contained or marked.

[^F31Labelling of packages—breeder’s confirmation

9A.—(1) No person shall have in his possession any package of seed in respect of which a breeder’s confirmation for Pre-basic Seed or Basic Seed has been applied for unless it has been, not later than the time of sealing under regulation 8A, labelled, inscribed or otherwise dealt with in accordance with paragraphs (2) to (9) of this regulation.

(2) Subject to the exception in paragraph (3) below, packages of seeds shall have affixed on the outside an official label containing, as appropriate to the seeds, particulars of the matters specified, and being at least the size and of the colour also specified in Part I of Schedule 6 and over-stamped “not certified”, which shall be either an adhesive label or a label secured to the package by a sealing device approved by [^F9 the Ministers ^F9] .

(3) The official label referred to in paragraph (2) above shall not be required when all of the particulars to be included therein are included in the official inner label placed in the package in accordance with paragraph (5) below and the package is sufficiently transparent to enable such particulars to be readily legible through it.

(4) If in accordance with paragraph 2 of Schedule 2A (applications for breeder’s confirmation) a breeder’s confirmation shall have been issued in respect of seed of a lower percentage of germination than that specified in Schedule 4 the fact shall be stated on the official label and where possession of the package is transferred to another person, the transferor shall affix a label to the outside of the package containing a statement of the germination of the seeds together with his name and address and the reference number of the lot.

(5) A package shall contain an official inner label which shall be of the same colour as, and in addition to the official label affixed to the outside of the package in accordance with paragraph (2) above. The official inner label shall contain particulars of the reference number of the lot and of the kind of seed and the variety; except that if such particulars are printed indelibly on the outside of the package or if the official label is an adhesive or tear-resistant label, an official inner label shall not be required.

(6) If a package of seeds shall have been re-sealed in accordance with regulation 8A(4) this fact shall be stated on the official label, together with the month and year of re-sealing and the name of the authority responsible for the re-sealing.

(7) If any seeds have been subjected to any chemical treatment this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either—

(a)on a separate label,

(b)on the label referred to in paragraph (2) or (4) above, or

(c)where paragraph (3) above applies, on the official inner label referred to in that paragraph,

and also, except where the information prescribed by this paragraph is given on an adhesive or tear-resistant label, either on the outside of the package or in a statement enclosed in the package.

(8) The particulars and information given in accordance with this regulation shall be given in [^F32 English but may also be given in other languages^F32] .

[^F33 (8A) Where the kind or variety of seed is indicated on a label or marking it must be in Roman characters and the kind of seed may be designated by common name only or by common name and Latin name.^F33]

(9) For the purposes of this regulation, references in Schedule 6 to the “Certifying Authority” shall, in the case of a breeder’s confirmation, be taken to be references to that authority as issuer of the confirmation.

(10) Subject to the provisions of these Regulations, no person shall wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label affixed to, contained in or marked on any package of seeds or which is to be so affixed, contained or marked, except as may occur in the course of opening the package for the purpose of sowing or for any other lawful purpose.^F31]

Record of transactions _I8

10.—(1) A person who in the course of marketing any Standard Seed affixes or causes to be affixed, in accordance with regulation 9(6), a label on the outside of a package of Standard Seed or prints or stamps or causes to be printed or stamped on the outside of such a package the particulars referred to in the said regulation 9(6) shall maintain and keep available for inspection by an officer of [^F9 the Ministers^F9] a record of the dates on which and of the packages on which such labels were affixed or particulars printed or stamped and shall, if so required by [^F9 the Ministers^F9] , furnish him with a copy of such record.

(2) A person referred to in paragraph (1) above shall keep and retain for a period of at least three years a record of the seed lots of Standard Seed marketed by him, and shall take and retain for a period of at least two years a sample of each such seed lot of at least the appropriate minimum weight specified in Part II of Schedule 5 and, if so required by [^F9 the Ministers^F9] , or by an officer of [^F9 the Ministers^F9] , shall produce such record or deliver any such sample to him.

Civil liabilities of sellers of seeds _I9

11.—(1) The particulars given to a purchaser by the seller of seeds to which these Regulations apply, whether given in pursuance of these Regulations expressly or by implication arising from the description under which the seeds are sold, shall constitute a statutory warranty for the purpose of section 17 of the Act in so far as they relate to the category of the seeds, the percentage germination of the seeds, the percentage analytical purity of the seeds, the content of seeds of other plant species and the varietal identity and the varietal purity of the seeds or, in the case of a mixture of seeds permitted by regulation 5(2), of each of its constituents to which these Regulations apply.

(2) Section 17(2) of the Act shall apply to any particulars given to a purchaser by the seller of seeds, being particulars given or implied as in paragraph (1) above, in so far as they relate to the percentage germination, the percentage analytical purity, or the content of seeds of other plant species and there are hereby prescribed in respect of such matters the limits of variation set out in Schedule 8.

(3) Section 17(3) of the Act shall apply to any particulars given to a purchaser by the seller of seeds, being particulars given or implied as in paragraph (1) above, in so far as they relate to the percentage germination, the percentage analytical purity or the content of seeds of other plant species.

(4) A purchaser who intends to obtain a test of seeds for the purpose of section 17(3) of the Act shall, not more than 10 days after delivery to him of the seeds, give to the seller written notice of his intention and thereupon the seller may indicate a day (not being more than 21 days after delivery of the seeds to the purchaser) and a reasonable time on that day at which a sample of the seeds may be taken in the presence of himself or of his representative and the purchaser shall afford to the seller reasonable facilities for that purpose.

(5) On the day and at the time appointed by the seller in accordance with paragraph (4) above or, if the seller shall have failed to appoint such a day and time, on a day not more than 28 days after delivery of the seeds to the purchaser, the purchaser or his representative may, and if the seller or his representative is present shall, take a sample of the seeds. Such sample shall be taken and divided by the purchaser or his representative into two parts in accordance with the requirements contained in Part I of Schedule 5, each part being of at least the appropriate minimum weight specified in Part II of Schedule 5, of which one part shall be sent to the Chief Officer of an official seed testing station for the purpose of being tested and the other part delivered or tendered to the seller or his representative or, if he or his representative was not present when the sample was taken, sent to him by post.

[^F34Certification in a Crown Dependency or a country granted equivalence

11A. Any seed certified and labelled in a Crown Dependency or a country granted equivalence under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations may be marketed in Scotland.

Transitional provision for official labels and supplier's labels on IP completion day

11B. A label pre-printed before IP completion day which at the date on which it was printed was an official label or a supplier's label for the purposes of these Regulations, is to be treated as an official label or, as the case may be, a supplier's label for packages of Basic Seed, Certified Seed, Standard Seed, Seed of a Conservation Variety or Standard Seed of an Amateur Variety or, as the case may be, small packages of Certified Seed or Standard Seed, for the purposes of any use of that label before the end of the period of twelve months beginning with the day after the day on which IP completion day falls.^F34]

Regulation 4(1)

[^F1SCHEDULE 1 [^F35KINDS OF SEED TO WHICH THESE REGULATIONS APPLY

This table includes hybrids of the species and Groups listed.^F35]

Regulations 3(1) and (3), 5(4), (6) and (12) and 6(2)

SCHEDULE 2 OFFICIAL CERTIFICATES _I10,I11,I12

1. On receipt of an application in accordance with regulation 6(1) for the issue of an official certificate in respect of a seed lot of Pre-basic Seed, Basic Seed [^F36 , Certified Seed or Certified Seed of a Conservation Variety^F36] , [^F9 the Ministers^F9] shall, subject to paragraphs 2 and 3 below and to the payment of any fees payable under seeds regulations, issue in respect of such a seed lot an official certificate containing the particulars specified in Schedule 3.

2.[^F37 Except in the case of Certified Seed of a Conservation Variety,^F37] [^F9 the Ministers^F9] shall refuse to issue an official certificate in respect of a seed lot unless—

(a) an application has been made to [^F9 the Ministers^F9] , in such form and manner and at such time as he may require, for registration by him of—

(i) the seed lot or seed lots to be used for the production of the crop or crops from which the seed lot is to be obtained, and

(ii) the crop or crops from which the seed lot is to be obtained;

(b) an official examination of the crop or crops from which the seed lot was obtained shall have shown that the crop or crops meet the standards appropriate to the category set out in Part I of Schedule 4; and

(c) an official examination of a sample of the seed lot shall have shown that the seeds meet the standard appropriate to the category set out in Part II of Schedule 4;

except that—

(i) sub-paragraph (c) above, in so far as it relates to standards of germination set out in Part II of Schedule 4, shall not apply in relation to an application for the issue of an official certificate in respect of seeds which are marketed in accordance with and subject to the requirements of regulation 5(6), and

(ii) [^F9 the Ministers^F9] shall issue an official certificate in respect of a seed lot marketed in accordance with, and subject to any conditions imposed by, a general licence granted by [^F9 the Ministers^F9] under regulation 5(4).

[^F38 2A. In the case of Certified Seed of a Conservation Variety, the Ministers shall refuse to issue an official certificate in respect of a seed lot unless—

(a) an application has been made to the Ministers, in such form and manner and at such time as they may require, for registration by them of—

(i) the seed lot or seed lots to be used for the production of the crop or crops from which the seed lot is to be obtained; and

(ii) the crop or crops from which the seed lot is to be obtained;

(b) an examination of the crop of crops from which the seed lot was obtained shall have shown that the crop or crops meets paragraphs 2, 3, 4, 5, 6 and 7 of Part I of Schedule 4; and

(c) an examination of a sample of the seed lot shows that the seed meets paragraphs 2 and 3 of Part II of Schedule 4.^F38]

3.[^F39 Except in the case of Certified Seed of a Conservation Variety,^F39] [^F9 the Ministers^F9] may refuse to issue an official certificate in respect of a seed lot if it appears to him that—

(a) a sample of the seed lot taken for the purpose of an official examination in order to ascertain whether the seed lot meets the appropriate standards set out in Part II of Schedule 4 has not been taken in accordance with the requirements contained in Schedule 5;

(b) an official examination of a plot sown with a sample of the seed lot sown in the field shows that the crop does not meet the appropriate standards set out in Part I of Schedule 4;

(c) there has been any breach of seeds regulations in relation to the seed lot in respect of which application for an official certificate has been made.

[^F40 3A. In the case of Certified Seed of a Conservation Variety the Ministers may refuse to issue an official certificate in respect of a seed lot if it appears to them that—

(a) a sample of the seed lot taken for the purpose of an examination in order to ascertain whether the seed lot meets the appropriate standards set out in paragraphs 2 and 3 of Part II of Schedule 4 has not been taken in accordance with the requirements contained in Schedule 5;

(b) official post control shows that the seed does not have sufficient varietal purity; or

(c) there has been any breach of seeds regulations in relation to the seed lot in respect of which an application for an official certificate has been made.^F40]

Regulations 3(1) and (3), and 6A(2)

SCHEDULE 2A [^F41BREEDER'S CONFIRMATIONS

1. On receipt of an application made in accordance with regulation 6A(1) for the issue of a breeder’s confirmation in respect of a seed lot, for Pre-basic Seed or Basic Seed, [^F9 the Ministers^F9] shall, subject to paragraphs 2 and 3 below and to the payment of any fees payable under seeds regulations, issue in respect of such seed lot a breeder’s confirmation containing the particulars specified in Schedule 3A.

2.[^F9 The Ministers^F9] shall refuse to issue a breeder’s confirmation in respect of a seed lot unless—

(a) an application has been made to [^F9 the Ministers^F9] , at such time as he may require, for registration by him of—

(i) the seed lot or seed lots to be used for the production of the crop or crops from which the seed lot is to be obtained, and

(ii) the crop or crops from which the seed lot is to be obtained;

(b) an official examination of the crop or crops from which the seed lot was obtained shall have shown that the crop or crops meet the standards appropriate to the category and the level set out in Part I of Schedule 4; and

(c) an official examination of a sample of the seed lot shall have shown that the seeds meet the standards appropriate to the category and the level set out in Part II of Schedule 4;

except that paragraph 2(c) above, in so far as it relates to standards of germination set out in Part II of Schedule 4, shall not apply in relation to the issue of a breeder’s confirmation for Pre-basic Seed or Basic Seed in respect of seeds which attain a lower percentage of germination than that specified in Schedule 4.

3. An application under paragraph 2(a) above shall be in writing in such form and manner as [^F9 the Ministers^F9] may require and shall be accompanied by such information and records as he may require in order to satisfy himself as to the identity of the seed lot or lots or crop or crops to be registered.

4.[^F9 The Ministers^F9] may refuse to issue a breeder’s confirmation in respect of a seed lot if it appears to him—

(a) a sample of the seed lot taken for the purpose of an official examination in order to ascertain whether the seed lot meets the appropriate standards set out in Part II of Schedule 4 has not been taken in accordance with the requirements contained in Schedule 5;

(b) an official examination of a plot sown with a sample of the seed lot sown in the field shows that the crop does not meet the appropriate standards set out in Part I of Schedule 4; or

(c) there has been a breach of seeds regulations in relation to the seed lot in respect of which application for a breeder’s confirmation has been made.^F41]

Regulation 3(1)

SCHEDULE 3 PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE _I13

Regulation 3(1)

SCHEDULE 3A [^F43PARTICULARS TO BE SPECIFIED IN A BREEDER'S CONFIRMATION

Regulations 3(1) and (3), 5(4), (6), (7) and (8) and 9(2)

SCHEDULE 4 [^F44REQUIREMENTS FOR BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF A CONSERVATION VARIETY, STANDARD SEED, STANDARD SEED OF A CONSERVATION VARIETY AND STANDARD SEED OF AN AMATEUR VARIETY^F44]

PART I BASIC SEED AND CERTIFIED SEED

CONDITIONS RELATING TO CROPS FROM WHICH SEEDS ARE OBTAINED _I14

1. So far as [^F9 the Ministers^F9] can ascertain them, by the use of methods which shall include official examination of the crop and which may, at such stages in the production of a variety as [^F9 the Ministers^F9] may require, include examination of a plot sown with a sample from the seed lot sown in the field and the consideration of any other relevant information, the requirements for the crop set out below shall be met.

Varietal identity and varietal purity

[^F45 2. The characteristics for the determination of varietal identity and varietal purity shall be—

(a)in respect of an official certificate, those recognised as those of the variety for the purposes of [^F46 a GB Variety List or an NI Variety List^F46] ; and

(b)in respect of a breeder’s confirmation, those recognised as those of the variety used in testing for the purposes of [^F47 a GB Variety List or an NI Variety List.^F47,F45]]

Crop inspections _I15

3. The crop shall be officially examined in such manner and at such times (when the cultural condition of the field and the stage of development and condition of the crop are such as to permit suitable checks of varietal identity, varietal purity and species purity to be made) as [^F9 the Ministers^F9] may reasonably require.

Crop health

[^F48 4. The crop must—

(a)be practically free from any pests which reduce the usefulness and quality of the propagation material; and

(b)comply with the requirements concerning [^F49 GB^F49] quarantine pests, [^F50 PFA^F50] quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as with the measures adopted pursuant to Article 30(1) of that Regulation.^F48]

Previous cropping _I16

5. The crop may be grown only on land which has not previously been cropped in a manner that might adversely affect the nature or quality of the seeds to be produced and which complies with [^F51 the Ministers'^F51] requirements in that respect.

Isolation distances _I17

6. There shall be either a physical barrier or at least 2 metres of fallow between the seed crop and any crop likely to cause contamination in the seed.

7. Throughout the period of flowering of the crop there shall be the following minimum distances from sources of undesirable pollen capable of fertilising the seed crop—

(a)Beta species

(ii)from pollen sources of varieties of the same sub-species belonging to a different group of varieties—

(iii)from pollen sources of varieties of the same sub-species belonging to the same group of varieties—

(b)Brassica species—

(c)other cross-fertilised vegetable species—

With the approval of [^F9 the Ministers^F9] , these distances may be modified if there is adequate protection against undesirable pollen.

For the purposes of this paragraph the groups of varieties of the Beta species shall be those set out in the following table classified in groups according to their characteristics. Where the crop is of a genetically monogerm variety, multigerm varieties shall be deemed to belong to a different group—

Varietal purity standards _I19

8.—(a) for crops of those Groups listed in the first column of the table, the minimum varietal purity standards must be:—

(b)Within the standards laid down in (a) above the maximum percentage of flower colour off-types shall not exceed the percentages here specified:—

PART II

BASIC SEED, CERTIFIED SEED AND STANDARD SEED CONDITIONS RELATING TO THE SEEDS _I20,I21,I22

1. The seeds shall possess adequate varietal identity and varietal purity.

2. The seeds shall meet the following minimum standards:—

[^F56 (a)

[^F57 (b) The presence of RNQPs on vegetable seed must, at least upon visual inspection, not exceed the respective thresholds set out in the following table:—

[^F58 (c) In the case of varieties of Zea mays (Sweet corn – super-sweet types) the required minimum germination capacity is reduced to 80% of pure seed. The official label or the supplier’s label, where appropriate, shall be endorsed ‘minimum germination capacity 80%’. ^F58]

[^F59 3. Seed must—

(a) be practically free from any pests which reduce the usefulness and quality of the propagation material; and

(b) comply with the requirements concerning [^F60 GB^F60] quarantine pests, [^F61 PFA^F61] quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as with the measures adopted pursuant to Article 30(1) of that Regulation.^F59]

[^F62PART III EXAMINATIONS USED TO ASCERTAIN WHETHER A CROP OR SEED LOT MEETS THE CONDITIONS RELATING TO CERTIFIED SEED OF A CONSERVATION VARIETY, STANDARD SEED OF A CONSERVATION VARIETY AND STANDARD SEED OF AN AMATEUR VARIETY

All examinations of Certified Seed of a Conservation Variety, Standard Seed of a Conservation Variety and Standard Seed of an Amateur Variety used to ascertain whether the crops or seed lots meet the standards in this Schedule applicable to the category shall be carried out in accordance with current international methods insofar as such methods exist.^F62]

Regulations 3(1), 7(1) and (2) and 11(5)

SCHEDULE 5

PART I

SAMPLING OF SEED LOTS _I23

1. A sample shall be obtained from the seed lot by taking primary samples at random from different positions in the lot and combining them to form a composite sample. The composite sample may be submitted for testing intact but if the composite sample is too large it may be reduced in weight by using an approved seed sample divider, to give the submitted sample.

Primary sample size _I24

2. At each position of sampling of a seed lot, primary samples of approximately equal size shall be taken.

Condition of the Seed Lot _I25

3. The seed lot to be sampled shall have been subject to appropriate mixing and blending techniques so that it is as uniform as practicable. There shall be no documentary or other evidence of heterogeneity. If a seed lot is presented for sampling in more than one container, the containers shall be of the same size and type and contain approximately the same weight of seed.

Sampling from Sacks _I26,I27

4. When the seed lot is in sacks or similar sized containers each containing more than 15 kg of seed and not more than 100 kg of seed, the minimum number of containers to be sampled shall be in accordance with the following table:—

5. The containers to be sampled shall be selected at random and primary samples drawn from the top, middle and the bottom of containers, but not necessarily from more than one position in any container. The position from which the seed is taken shall be varied from container to container.

Sampling from small containers _I28,I29

6. For sampling seed lots in containers holding 15 kg of seed or less, a 100 kg weight of seed shall be taken as the basic unit and the small containers shall be combined to form sampling units not exceeding this weight (eg six packages of 15 kg, 20 packages of 5 kg). For sampling purposes each unit shall be regarded as one container and the sampling procedures prescribed in paragraphs 4 and 5 above shall be used.

7. When seed is in moisture-proof containers the opened or pierced containers shall be adequately closed or the residues from sampling transferred to new containers. When seeds are in very small packets (100 g or less) each packet may be considered as a primary sample and sufficient shall be taken at random to obtain a submitted sample of the minimum size prescribed in Part II of this Schedule.

Sampling from large containers or seed in bulk _I30

8. For the sampling of containers holding more than 100 kg of seed, and for the sampling of seed in bulk, primary samples shall be taken from different horizontal and vertical positions selected at random and the following shall be regarded as the minimum requirement:—

Sampling from a seed stream _I31

9. Samples may be drawn from a seed stream during processing using an automatic sampling device, which shall uniformly sample the entire cross-section of the seed stream when a sample is taken. Portions of seed shall be taken at regular intervals throughout the processing of the lot using the same sampling intensity as for seed in bulk (see paragraph 8 above).

Sampling Instruments _I32

10. Sampling instruments shall be capable of sampling all parts of the seed lot. Where it is not practicable to use one of the instruments or methods described in this Schedule other instruments or methods may be used at the discretion of [^F9 the Ministers^F9] .

11. The instrument used for drawing primary samples shall be one of those described below as appropriate to the location of the seeds, or any other suitable instrument for the time being approved by [^F9 the Ministers^F9] .

(a) Dynamic Spear Sampler

This instrument may be used, in accordance with the methods described in paragraph 12(a) below, for sampling seeds in sacks or small containers. It shall be a hollow, cylindrical, solid-pointed metal spear or trier which shall be long enough to reach beyond the middle of the sack from the side and shall have an aperture so positioned that portions of seed of equal volume are removed from each part of the sack through which it travels.

(b) Stick Samplers

These instruments shall have an aperture or apertures which shall be of sufficient size to allow the unrestricted entry of seeds or other particles and which shall be capable of being opened and closed during the sampling procedure as appropriate to the method of use described in paragraph 12(b).

(i)Single chamber type

This instrument may be used for sampling seeds in open sacks, in large containers or in bulk.

(ii)Multi-chamber type

This instrument may be used to sample seeds in sacks or, subject to the requirements of paragraph 10 above, any other containers. The apertures shall open into chambers that shall be separated from one another by transverse partitions. The contents of each chamber shall be regarded as a primary sample.

(c) Cargo Sampler

This instrument shall only be used, in accordance with the method described in paragraph 12(c) below, for sampling seed in large containers or bulk and shall only be used in the vertical position.

(d) Seed Stream Samplers _I33

Seed stream samplers shall uniformly sample the cross section of the seed stream without any loss of the seeds that enter the sampler, in accordance with the method described in paragraph 12(d) below. Timing devices shall be attached so that the frequency and duration of sampling can be adjusted to meet the requirements of paragraph 9.

Methods of Use

12. All instruments shall be clean before use. The methods of using these instruments shall be as follows:—

(a) Dynamic Spear Sampler

These samplers may be used in two ways as appropriate to their length.

• Method 1(For instruments in which the aperture reaches only to the centre of the sack or small container.)

• The instrument shall be inserted into the sack in an upward direction at an angle of approximately 30° to the horizontal with its aperture downwards until the aperture reaches the centre of the sack or container. The instrument shall be lightly tapped to remove any seed taken in and then rotated to bring the aperture uppermost. It shall be withdrawn immediately with a vibratory or oscillatory motion and at a decreasing speed so that the quantity of seed obtained from successive locations increases progressively from the centre to the side of the sack. Seed passing through the instrument shall be collected in a clean container.

• Method 2(For instruments in which the aperture reaches to the far side of a sack or small container.)

• A longer instrument shall be inserted in the manner described in Method 1 above until its aperture reaches almost to the far side of the sack or container. It shall be tapped and rotated in the manner described above and then withdrawn at a uniform speed. Seed passing through the instrument shall be collected in a clean container.

(b) Stick Sampler

(i)Single chamber type

a.The sleeve shall move freely.

b.The instrument shall be inserted vertically downwards till the aperture reaches the appropriate primary sampling position ensuring that the sleeve covers the aperture as it enters the seed.

c.The instrument shall be withdrawn sufficiently to uncover the aperture.

d.The instrument shall be left in position until the primary sample has been collected.

e.The instrument shall be withdrawn and the contents emptied into a clean container.

(ii)Multi-chamber type

a.The apertures shall be closed before insertion.

b.The instrument shall be inserted diagonally into sacks or vertically into large containers so that all apertures are fully covered.

c.The apertures shall be opened.

d.The instrument shall be agitated so that seed enters.

e.The apertures shall be closed gently to ensure that trapped seed is not broken or damaged.

f.The instrument shall be withdrawn and if the chambers are full the contents shall be emptied onto a clean surface or into a clean container.

g.If all the chambers are not full, the contents shall be discarded and procedures a-f shall be repeated.

(c) Cargo Sampler

a.The lid shall open and close easily.

b.The instrument shall be inserted with the lid closed to the appropriate primary sampling position which shall be at least 300mm below the surface of the seed.

c.The handle shall be raised sufficiently to open the lid.

d.The instrument shall be left in position until the primary sample has been collected.

e.The instrument shall be withdrawn and the contents shall be emptied into a clean container.

(d) Seed Stream Samplers _I34

Such instruments shall be required to take the number of primary samples necessary for the weight of lot being sampled, the primary samples being taken from the lot at regular intervals and the resultant composite sample being of a weight not less than that prescribed in Part II below and not greater than can conveniently be reduced by means of one of the methods of sample reduction described in paragraph 14 below. They shall be installed in such a way that the composite sample shall be readily identifiable with the seed lot from which it was taken.

Obtaining submitted sample—composite sample division instruments

13. Provided the composite sample is of at least the minimum weight prescribed in Part II below for a submitted sample for a particular kind of seed, it may be used as the submitted sample. Where the composite sample exceeds the weight prescribed for the submitted sample, any of the following instruments may be used to obtain the submitted sample. Other instruments and methods may be used at the discretion of [^F9 the Ministers^F9] .

(a) Riffle Divider

The riffle divider shall consist of a rectangular hopper leading to a series of evenly spaced chutes, arranged so that seed is distributed equally on two sides. There shall be a minimum of 18 chutes, each discharging in the opposite direction to its immediate neighbour.

Three (or more) metal collecting vessels (pans) of sufficient depth to prevent seed bouncing out shall be used.

(b) Centrifugal Divider _I35

The centrifugal divider shall consist of a hopper from which seed flows on to a shallow cup which is then rotated by an electric motor. The seed shall be distributed by centrifugal force onto a stationary baffle which divides it into two equal parts which are then discharged through separate spouts.

Four metal collecting vessels (pans) of sufficient depth to prevent seed bouncing out shall be used.

Methods of Use

14. The methods of using these instruments shall be as follows:

(a) Riffle Divider

a.The divider shall be placed on a firm level surface.

b.The divider and pans shall be clean.

Sample Mixing

c.An empty pan shall be placed on each side of the divider to receive the discharge from the chutes.

d.The entire composite sample shall be poured evenly into the other pan(s).

e.The seed shall then be poured from the pan(s) evenly along the entire length of the hopper.

f.The two pans into which the seed has passed shall then be replaced with empty pans.

g.Procedures e. and f. shall then be repeated twice to mix the sample thoroughly.

Sample Reduction

h.Before reduction, the composite sample shall have been thoroughly mixed using procedures c.-g. The contents of one of the two receiving pans shall then be set aside. If the seed in the second pan is of at least the minimum weight prescribed in Part II below for a submitted sample of a particular kind of seed, it may be used as the submitted sample. If the weight of seed in the second pan is greater than the appropriate minimum weight prescribed in Part II below for a submitted sample, it may be reduced using the following procedures i.-k.

i.An empty pan shall be placed on each side of the divider to receive the discharge from the chutes.

j.The contents of the second pan shall be poured evenly along the entire length of the hopper.

k.The contents of one of the two pans into which the seed has passed shall then be set aside. If the weight of seed in the other pan is still greater than the appropriate minimum weight prescribed in Part II below for the submitted sample, it may be submitted intact or it may be reduced further using procedures i.-k.

1.If the weight of seed in either of the two pans at either h. or k. is less than the appropriate minimum weight prescribed in Part II below for a submitted sample, the following procedures m.-q. shall be used.

m.An empty pan shall be placed on each side of the divider to receive the discharge from the chutes.

n.The contents of one of the pans shall be set aside. The contents of the other pan shall be poured evenly along the entire length of the hopper.

o.One receiving pan and its contents shall then be removed and replaced with an empty pan. The other pan, with its contents, shall be left in place.

p.The contents of the pan removed at o. shall be poured evenly along the entire length of the hopper so that two subsamples of different weight shall be produced.

q.Procedures o. and p. above, when repeated, constitute the process of continuous halving, and shall be repeated using whichever subsample is appropriate until sufficient seed is obtained in one pan, which when added to the seed set aside at n. produces a submitted sample of at least the appropriate minimum weight prescribed in Part II below.

Obtaining more than one submitted sample

r.Two submitted samples shall be obtained from a composite sample by first obtaining a sample of at least twice the appropriate minimum weight prescribed in Part II below for a submitted sample, using procedures c.–g., and h.–q. as appropriate, and then dividing it into two parts by passing it once through the divider.

s.When three submitted samples are required from one composite sample, one sample of at least the appropriate minimum weight prescribed in Part II below for a submitted sample, shall be extracted using procedures c.–g., and h.–q. as appropriate. All portions of seed which have been set aside shall then be recombined and the residue of the composite sample so obtained shall be subject to the procedure at r. above.

(b) Centrifugal Divider

a.The divider shall be levelled prior to use.

b.The divider and pans shall be clean.

Sample Mixing

c.An empty pan shall be placed under each spout of the divider.

d.The entire composite sample shall be poured into the centre of the hopper.

e.The motor shall be operated so that the seed passes into the pans.

f.The motor shall be switched off.

g.The two pans containing seed shall be removed and replaced by empty ones.

h.The contents of both pans removed at g. shall be poured together into the centre of the hopper, the seed being allowed to blend as it flows in. Procedures e., f. and g. shall be repeated.

i.Procedure h. shall be repeated to mix the sample thoroughly.

Sample Reduction

j.Before reduction, the composite sample shall have been thoroughly mixed using procedures c.–i. The contents of one of the two receiving pans shall then be set aside. If the seed in the second pan is of at least the minimum weight prescribed in Part II below for a submitted sample of a particular kind of seed, it may be used as the submitted sample. If the weight of the seed in the second pan is greater than the appropriate minimum weight prescribed in Part II below for a submitted sample, it may be reduced using the following procedures (k.–m.).

k.Empty pans shall be placed under the spouts.

l.The contents of the second pan shall be poured into the hopper and procedures e. and f. shall be repeated.

m.The contents of one of the two pans into which the seed has passed shall then be set aside. If the weight of seed in the other pan is still greater than the appropriate minimum weight prescribed in Part II below for a submitted sample, it may be submitted intact or it may be reduced further using procedures k.–m.

n.If the weight of seed in either of the two pans at either j. or m. is less than the appropriate minimum weight prescribed in Part II below for a submitted sample, the following procedures (o.–s.) shall be used.

o.Empty pans shall be placed under the spouts.

p.The contents of one of the pans shall be set aside. The contents of the other pan shall be poured into the centre of the hopper and procedures e. and f. shall be repeated.

q.One receiving pan and its contents shall then be removed and replaced with an empty pan. The other pan, with its contents, shall be left in place.

r.The contents of the pan removed at q. shall be poured into the centre of the hopper and procedures e. and f. shall be repeated so that two subsamples of different weight shall be produced.

s.Procedures q. and r. above, when repeated, constitute the process of continuous halving, and shall be repeated using whichever subsample is appropriate until sufficient seed is obtained in one pan, which when added to the seed set aside at p., produces a submitted sample of at least the appropriate minimum weight prescribed in Part II below.

Obtaining more than one submitted sample _I36

t.Two submitted samples shall be obtained from a composite sample by first obtaining a sample of at least twice the appropriate minimum weight prescribed in Part II below for a submitted sample, using procedures c.–i., and j.–s. as appropriate, and then dividing it into two parts by passing it once through the divider.

u.When three submitted samples are required from one composite sample, one sample, of at least the appropriate minimum weight prescribed in Part II below for a submitted sample, shall be extracted using procedures c.–i., and j.–s. as appropriate. All portions of seed which have been set aside shall then be recombined and the residue of the composite sample so obtained shall be subject to procedure t. above.

PART II _I37

MAXIMUM WEIGHT OF A SEED LOT AND MINIMUM WEIGHT OF A SUBMITTED SAMPLE

The maximum weight of a seed lot shall be as indicated below (or a weight which does not exceed that indicated below by more than 5%) and the minimum weight of a submitted sample shall be as indicated below:—

Regulations 5(4) and (14) and 9(2), (6), (7), (11) and (12)

SCHEDULE 6 [^F66LABELS AND MARKING^F66]

PART I _I38

Official Label for a Package of Pre-basic Seed

A.

(a)Prescribed contents

(1)Certification Authority and [^F67 country or country initials^F67]

(2)Reference number of the lot

(3)Month and year when officially sealed

(4)Kind

(5)Variety

(6) “Pre-basic Seed”

(7)Country of production

(8) Number of generations preceding seeds of the category “Certified Seed”

(9)Declared net or gross weight or declared number of seeds

(10)Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used the nature of the additive and also the approximate ratio between the weight of the seed and the total weight

(b)Minimum size of the label—110 mm × 67 mm

(c)The label shall be white with a diagonal violet line.

Official Label for a Package of Basic Seed or for a Package (Other than a Small Package) of Certified Seed

B.

(a)Prescribed contents

(1) “ [^F68 GB ^F68] rules and standards”

(2)Certification Authority and [^F69 country or country initials^F69]

[^F70 (2A)Officially assigned serial number^F70]

(3)Month and year when officially sealed

(4)Reference number of the lot

(5)Kind

(6)Variety

(7)Category

(8)Country of production

(9)Declared net or gross weight or declared number of seeds

(10)Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of seed and the total weight

(11)In the case of varieties which are hybrids or inbred lines—

(a)for the Basic Seed where the hybrid or inbred line to which the seed belongs has been officially accepted on [^F71 a GB Variety List or an NI Variety List^F71] —

• the name of this component, under which it has been officially accepted, with or without reference to the final variety, accompanied, in the case of hybrids or inbred lines which are intended solely as components for final varieties, by the word “component”;

(b)for Basic Seed in other cases—

• the name of the component to which the Basic Seed belongs, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female), and accompanied by the word “component”;

(c)for Certified Seed—

• the name of the variety to which the seed belongs, accompanied by the word “hybrid”.

(b)Minimum size of the label—110 mm × 67 mm

(c)The label shall be white for Basic Seed and Blue for Certified Seed.

Official Label for a Package of Seed not Finally Certified

C.

(a)Prescribed contents of the label

(1)Certifying authority

[^F72 (1A)Officially assigned serial number^F72]

(2)Kind

(3)Variety

(4)Category

(5)Crop Identity Number

(6)Declared net or gross weight (Tonnes)

(7) The words “seed not finally certified”

The label shall be coloured grey.

(b)Information required for the document

(1)Certifying authority

[^F73 (1A)Officially assigned serial number^F73]

(2)Kind

(3)Variety

(4)Category

(5)Seed Lot Reference Number ([^F74 GB^F74] ) or Reference Number (other than [^F74 GB^F74] ) of the seed used to sow the field and name of the country or countries which certified that seed

(6)Crop Identity Number

(7)Area cultivated for the production of the lot covered by document (Hectares)

(8)Quantity of seed harvested and number of packages

(9)Number of generations after basic seed, in the case of certified seed

(10)Attestation that the conditions to be satisfied by the crop from which the seed comes have been fulfilled

(11)Where appropriate, results of a preliminary seed analysis.

PART II _I39

Supplier’s Label for a Package of Standard Seed, other than a Small Package

A.

(a)Prescribed contents

(1) “ [^F75 GB ^F75] rules and standards”

(2)Name and address of the supplier responsible for affixing the label or his identification mark

(3)Month and year when sealed

(4)Kind

(5)Variety

(6) “Standard Seed”

(7)Lot reference number given by the supplier responsible for affixing the labels

(8)Declared net or gross weight or declared number of seeds

(9)Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used the nature of the additive and also the approximate ratio between the weight of the seed and the total weight.

(b)Minimum size of the label—110 mm × 67 mm

(c)The label shall be dark yellow.

Supplier’s label for a Package of Uncertified Pre-basic Seed

B.

(a)Prescribed contents

(1)Name and address of the supplier responsible for fixing the labels or his identification mark

(2)Reference number of the lot

(3) “Kind”

(4)Variety

(5) “Uncertified Pre-basic Seed”

(6)Declared net or gross weight or declared number of seeds.

(b)The label shall be coloured buff.

PART III _I40

SMALL PACKAGES

Supplier’s Label for a Small Package of Certified Seed

A.

(a)Prescribed contents

(1) “ [^F76 GB ^F76] rules and standards”

(2)Name and address of the supplier responsible for affixing the labels or his identification mark

(3)Year of sealing

(4)Kind

(5)Variety

(6) “Certified Seed”

(7)Reference number enabling the certified lot to be identified

(8)Declared net or gross weight or declared number of seeds, except in the case of packages not exceeding 500 grams

(9)Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used the nature of the additive and also the approximate ratio between the weight of the seed and the total weight.

(b)The label shall be blue.

Supplier’s Label for a Small Package of Standard Seed

B.

(a)Prescribed contents

(1) “ [^F77 GB ^F77] rules and standards”

(2)Kind

(3)Variety

(4)Name and address of packeter or his identifying reference number

(5)Declared net or gross weight or declared number of seeds, except in the case of packages not exceeding 500 grams

(6) “Standard Seed”

(7)Year of sealing (packeting)

(8)Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used the nature of the additive and also the approximate ratio between the weight of the seed and the total weight.

(b)Where the seeds comprise a mixture of seeds of different varieties of lettuce or of different varieties of radish the label shall also state the names of the constituent varieties.

(c)The label shall be dark yellow.

PART IV [^F78INFORMATION IN RESPECT OF SEEDS IMPORTED FROM [^F79COUNTRIES OUTSIDE THE UNITED KINGDOM^F79] IN PACKAGES OF MORE THAN 2 KILOGRAMS IN NET WEIGHT

1. Kind.

2. Variety.

3. Category.

4. Country of production and official inspection authority.

5. Country of despatch.

6. Importer.

7. Quantity of seed.^F78]

PART [^F80V^F80] _I41

PARTICULARS TO BE MARKED OR DISPLAYED ON THE SALE OF UNPACKETED SEEDS

1. “Complies with legal standards”

2. Kind

3. Variety.

[^F81PART VI SUPPLIER’S LABEL FOR A PACKAGE OF SEED OF A CONSERVATION VARIETY

The supplier’s label for a package of seed of a Conservation Variety shall be a minimum size of 110 millimetres by 67 millimetres, be coloured brown and contain the following information:—

(a) the words “ [^F82 GB ^F82] rules and standards”;

(b)the name and address of the person responsible for affixing the label or notice or that person’s identification mark;

(c) the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word “sealed” or “sampled” (as the case may be), followed by the year in question;

(d)the species;

(e)the denomination of the conservation variety;

(f) the words “Certified Seed of a Conservation Variety” or “Standard Seed of a Conservation Variety”;

(g)the region of origin;

(h)where the region of seed production is different from the region of origin, the indication of the region of seed production;

(i)the reference number of the lot given by the person responsible for affixing the labels;

(j)the declared net or gross weight or declared number of seeds;

(k)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight.^F81]

[^F83PART VII SUPPLIER’S LABEL FOR A PACKAGE OF STANDARD SEED OF AN AMATEUR VARIETY

The supplier’s label for a package of Standard Seed of an Amateur Variety shall contain the following information:—

(a) the words “ [^F84 GB ^F84] rules and standards”;

(b)the name and address of the person responsible for affixing the label or notice or that person’s identification mark;

(c) the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word “sealed” or “sampled” (as the case may be), followed by the year in question;

(d)the species;

(e)the denomination of the Amateur Variety;

(f) the words “Amateur Variety”;

(g)the reference number of the lot given by the person responsible for affixing the labels;

(h)the declared net or gross weight or declared number of seeds;

(i)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight.^F83]

Regulation 9(11)

SCHEDULE 7 MAXIMUM WEIGHTS FOR RETAIL SALES OF UNPACKETED SEEDS _I42

Regulation 11(2)

SCHEDULE 8 LIMITS OF VARIATION _I43

GERMINATION