Statutory Instrument 1999 No. 1861

      The Beet Seeds (Amendment) Regulations 1999


      © Crown Copyright 1999

      The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

      It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints.

      The text of this Internet version of the Statutory Instruments has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Beet Seeds (Amendment) Regulations 1999 , ISBN 0 11 085015 7. Purchase this item.For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles

      To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.


STATUTORY INSTRUMENTS


1999 No. 1861

SEEDS

The Beet Seeds (Amendment) Regulations 1999

  Made 29th June 1999 
  Laid before Parliament 30th June 1999 
  Coming into force 30th July 1999 

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

Title and commencement
     1. These Regulations may be cited as the Beet Seeds (Amendment) Regulations 1999 and shall come into force on 30th July 1999.

Interpretation
    
2. In these Regulations "the principal Regulations" means the Beet Seeds Regulations 1993[3].

Amendment of the Beet Seeds Regulations 1993
     3.  - (1) The principal Regulations shall be amended in accordance with the provisions of this regulation.

    (2) In regulation 3(1), after the definition of "the Act" there shall be inserted - 

      " "breeder" - 

      (a) in relation to a variety which has not been entered in the National List or the Common Catalogue, includes any person lawfully multiplying (on his own account) seed bred by another; and

      (b) in relation to a variety which has been so entered, means the maintainer of the variety;

      "breeder's confirmation" means a document issued by the Minister in accordance with Schedule 2A containing in respect of the seed to which it relates the particulars specified in Schedule 3A;".

    (3) In regulation 3(3) - 

    (a) in the definition of "Uncertified Pre-basic Seed" in paragraph (a) for the words - 

           " in the United Kingdom by or under the responsibility of the maintainer"

         there shall be substituted the words - 

           " by or under the responsibility of the breeder";

    (b) for the definition of "Pre-basic Seed" there shall be substituted - 

      " "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 the Minister, 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;";

    (c) in the definition of "Basic Seed" - 

      (i) in paragraph (a) for the words - 

           " by or under the responsibility of the maintainer"

           there shall be substituted the words - 

           " by or under the responsibility of the breeder"; and

      (ii) for paragraph (c) there shall be substituted - 

      " (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;"; and

    (d) in the definition of Certified Seed for the word "maintainer" there shall be substituted the word "breeder".

    (4) In regulation 5(1)(a) (marketing of seeds) after the words "or Certified Seed" there shall be inserted the words "in respect of which an official certificate has been issued".

    (5) In regulation 6 (official certificates) - 

    (a) for paragraph (1)(a) there shall be substituted - 

      " (a) shall be made in writing to the Minister in such form and manner, and shall include such information, records, illustrations, material and seeds, as the Minister may require; and"; and

    (b) after paragraph (4) there shall be added - 

        " (5) A breeder may apply to the Minister 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 regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982[4].

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

      (a) shall be made in writing to the Minister in such form and manner, and shall be accompanied by such documents, as the Minister 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 the Minister may allow.

        (7) The Minister 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.".

    (6) After regulation 6 (official certificates) there shall be inserted - 

    (7) After regulation 8 (sealing of packages) there shall be inserted - 

    (8) After regulation 9(1) (labelling of packages) there shall be inserted - 

    (9) After regulation 9 (labelling of packages) there shall be inserted - 

    (10) After Schedule 2 (official certificates) there shall be inserted - 



    (11) After Schedule 3 (particulars to be specified in an official certificate) there shall be inserted - 



    (12) For Schedule 4, Part I, paragraph 2 (varietal identity and varietal purity) there shall be substituted - 

Transitional provisions
    
4.  - (1) Where the Minister is satisfied in relation to a seed lot that - 

he shall disregard the absence of such certificate or confirmation in deciding whether to issue an official certificate in respect of that seed lot.

    (2) Where the Minister is satisfied in relation to a seed lot that - 

he shall disregard the absence of such confirmation in deciding whether to issue a breeder's confirmation in respect of that seed lot.

    (3) Paragraph 2(a) of Schedule 2A to the principal Regulations (registration of seed lots) shall not apply in the case of an application for the issue of a breeder's confirmation in respect of a seed lot produced from a crop or crops sown before the coming into force of these Regulations, but without prejudice to regulation 6A(1)(a) of the principal Regulations (form of application etc.), the Minister shall refuse to issue a breeder's confirmation in respect of that seed lot unless he is satisfied - 


Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food

29th June 1999


Calum MacDonald
Parliamentary Under Secretary of State, Scottish Office

29th June 1999



Signed by authority of the Secretary of State for Wales


Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office

29th June 1999



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Beet Seeds Regulations 1993 (as amended) to provide for the issue to a breeder of a document called a breeder's confirmation in respect of seed in the categories Pre-basic Seed and Basic Seed prior to the entry of that variety of seed on a United Kingdom National List (regulation 3(2) and (3)).

The Regulations provide that a breeder's confirmation is issued in similar circumstances to an official certificate (regulation 3(6), (10), (11) and (12)). However, seed in respect of which a breeder's confirmation is issued cannot be marketed (regulation 3(4)).

The Regulations provide for similar sealing and labelling requirements for seed in respect of which a breeder's confirmation has been issued to those which apply to seed in respect of which an official certificate has been issued (regulation 3(7) and (9)).

The Regulations provide that once a variety has been entered on a National List a breeder's confirmation which is issued in respect of seed of that variety may be exchanged for an official certificate for that seed provided certain conditions are fulfilled. When the official certificate has been issued, the seed may be marketed provided it has been relabelled (regulation 3(5)(b) and (8)).

The Regulations include transitional provisions to provide that seed which would have satisfied the provisions of these Regulations if they had been in force may be issued with an official certificate or breeder's confirmation, as appropriate (regulation 4).

The Regulations also - 

    (a) revise the items which may be required to accompany an application for an official certificate (regulation 3(5)(a)); and

    (b) remove the requirement that seed in the category Uncertified Pre-basic Seed shall be produced in the United Kingdom (regulation 3(3)(a)).


Notes:

[1] 1964 c.14; section 16 was amended by section 4(1) and paragraph 5(1), (2) and (3) of Schedule 4 to the European Communities Act 1972 (c.68). See section 38(1) for a definition of "the Ministers".back

[2] In the case of the Secretary of State for Wales by virtue of S.I. 1978/272.back

[3] S.I. 1993/2006 as amended by 1997/616.back

[4] S.I. 1982/844, as amended by S.I. 1985/1529, 1989/1314, 1990/1353, 1992/1615 and 1998/2726.back



ISBN 0 11 085015 7


 

Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland |  Her Majesty's Stationery Office


We welcome your comments on this site
© Crown copyright 1999
Prepared 4 August 1999