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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 Cereal Seeds (Amendment) Regulations 1999 and shall come into force on 30th July 1999. Interpretation 2. In these Regulations "the principal Regulations" means the Cereal Seeds Regulations 1993[3]. Amendment of the Cereal 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 -
(b) in relation to a variety which has been so entered, means the maintainer of the variety;
(3) In regulation 3(3) -
there shall be substituted the words -
(ii) a breeder's confirmation has been issued in accordance with Schedule 2A;";
(c) for the definition of "Pre-basic Seed" there shall be substituted -
(b) which -
(ii) as respects seeds of oats, barley, wheat, durum wheat, spelt wheat, triticale or rye, have been produced -
(bb) from Pre-basic Seed, and are intended to be used for the production of Pre-basic Seed, Basic Seed or, with the written authority of the breeder, Certified Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation, and
(c) which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which -
(ii) a breeder's confirmation has been issued in accordance with Schedule 2A;";
(d) in the definition of "Basic Seed" -
(ii) for sub-paragraph (a)(iii) there shall be substituted -
(bb) a breeder's confirmation has been issued in accordance with Schedule 2A;";
(iii) for sub-paragraph (b)(ii) there shall be substituted -
(bb) a breeder's confirmation has been issued in accordance with Schedule 2A;";
(iv) for sub-paragraph (c)(iii) there shall be substituted -
(bb) a breeder's confirmation has been issued in accordance with Schedule 2A;";
(v) for paragraph (d) there shall be substituted -
(ii) a breeder's confirmation has been issued in accordance with Schedule 2A;";
(vi) for sub-paragraph (e)(ii) there shall be substituted -
(bb) a breeder's confirmation has been issued in accordance with Schedule 2A;";
(e) in the definition of "Certified Seed" for the word "maintainer" each time it occurs there shall be substituted the word "breeder";
(4) In regulation 3(5) for the word "maintainer" each time it occurs there shall be substituted the word "breeder".
(b) after paragraph (4) there shall be added -
(6) An application under paragraph (5) above -
(b) shall be made not later than the fifteenth day of March of the second 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 -
(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.
(7) After regulation 6 (official certificates) there shall be inserted -
6A. - (1) An application for the issue of a breeder's confirmation in respect of a seed lot -
(b) shall be made not later than the fifteenth day of March of the second 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; and (c) shall be made only for seed of a variety when an application has been made to add the variety to the National List (or to an equivalent list in another Member State).
(2) Where an application for the issue of a breeder's confirmation is made to the Minister in accordance with paragraph (1) above the Minister shall deal with the application in accordance with the provisions of Schedule 2A.
(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.".
(8) After regulation 8 (sealing of packages) there shall be inserted -
8A. - (1) No person shall have in his possession any package of seed in respect of which a breeder's confirmation for Breeder's Seed, 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 the Minister 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 -
(b) where -
(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 the Minister in that behalf.
(9) After regulation 9(1) (labelling of packages) there shall be inserted -
(10) After regulation 9 (labelling of packages) there shall be inserted -
9A - (1) No person shall have in his possession any package of seed in respect of which a breeder's confirmation for Breeder's Seed, 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) 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 the Minister and shall be affixed (in either case) by or under the supervision or a person authorised by the Minister in that behalf. (3) 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, or included in the particulars printed or stamped on the package in accordance with paragraph (4) of this regulation, 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. (4) Notwithstanding paragraphs (2) and (3) above, a package of seeds need not be labelled if -
(b) the requirements of Section A of Part V of that Schedule are satisfied.
(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 of 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.
(b) on the label referred to in paragraph (2) or (3) above or the printing or stamp referred to in paragraph (4) above,
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.
(11) After Schedule 2 (official certificates) there shall be inserted - 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 Breeder's Seed, Pre-basic Seed or Basic Seed, the Minister 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. The Minister shall refuse to issue a breeder's confirmation in respect of a seed lot unless -
(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
except that -
(ii) 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 Breeder's Seed, 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 the Minister 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.
(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.".
(12) After Schedule 3 (particulars to be specified in an official certificate) there shall be inserted -
(ii) Applicant's name, address and registered number (iii) Seed lot reference number (iv) Kind/variety/category/level (v) Net weight of seed lot and number of containers (vi) Seed treatment (if applicable) (vii) Statement that the breeder's confirmation does not constitute an official certificate and does not permit marketing of the seed".
(13) For Schedule 4, Part I, paragraph 2 (varietal identity and varietal purity) there shall be substituted -
(b) in respect of a breeder's confirmation, those recognised as those of the variety used in testing for the purposes of the National List or an equivalent list in another Member State.".
Transitional provisions
(b) if these Regulations had been in force at the time the earlier generation of seed was sown he would (on application having duly been made) have issued a breeder's confirmation in respect of it,
he shall disregard the absence of such certificate or confirmation in deciding whether to issue an official certificate in respect of that seed lot.
(b) if these Regulations had been in force at the time the earlier generation of seed was sown he would (on application having duly been made) have issued a breeder's confirmation in respect of it,
he shall disregard the absence of such confirmation in deciding whether to issue a breeder's confirmation in respect of that seed lot.
(ii) the crop or crops from which the seed lot was obtained; and
(b) that the crop or crops from which the seed lot was obtained was or were examined by him or on his behalf with a view to establishing whether standards equivalent to those specified in Part I of Schedule 4 to the principal Regulations were met.
(This note is not part of the Regulations) These Regulations amend the Cereal 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 Breeder's Seed, Pre-basic Seed and Basic Seed prior to the entry of that variety of seed on a United Kingdom National List (regulation 3(2), (3) and (4)). The Regulations provide that a breeder's confirmation is issued in similar circumstances to an official certificate (regulation 3(7), (11), (12) and (13)). However, seed in respect of which a breeder's confirmation is issued can not be marketed (regulation 3(5)). 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(8) and (10)). 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(6)(b) and (9)). 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 -
(b) remove the requirement that seed in the categories Uncertified Pre-basic Seed and Breeder's Seed shall be produced in the United Kingdom (regulation 3(3)(a) and (b)).
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. 1993/2005 as amended by S.I. 1995/1482 and 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 085014 9
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