The Plant Breeders' Rights (Amendment) Regulations 1993

• Citation: S.I. 1993/2775
• Sections: 33

Section 1 Title and commencement

These Regulations may be cited as the Plant Breeders' Rights (Amendment) Regulations 1993 and shall come into force on 1st December 1993.

Section 2 Revocations

The Plant Breeders' Rights (Amendment) Regulations 1990 , the Plant Breeders' Rights (Amendment) (No.2) Regulations 1990 and the Plant Breeders' Rights (Amendment) Regulations 1992 are hereby revoked.

Section 3 Amendment of principal Regulations

For Schedule 3 to the Plant Breeders' Rights Regulations 1978 (reproductive and other plant material to be delivered to the Controller) there shall be substituted the provisions of the Schedule to these Regulations.

Section 1 Quantity

(1) During the year beginning with the making of the application the following amounts of ears of seed shall be delivered:—

(2) Attached to each ear there shall be a minimum of 25 centimetres of straw.

(3) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered such reproductive and other plant material in such quantity and of such description and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.

Section 1 Quantity

(1) During the year beginning with the making of the application 200 seed tubers shall be delivered; these seed tubers shall be from stocks grown in Scotland or Northern Ireland or the English counties of Northumberland (excluding the districts of Blyth Valley and Wansbeck) and Cumbria (excluding the districts of Barrow-in-Furness and South Lakeland).

(2) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered seed tubers taken from stocks grown in any of the places specified in sub-paragraph 1 (1) above in such quantity and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.

(3) The applicant shall arrange for the growing in the United Kingdom of a plot of at least 2,000 plants of the potato variety to be observed under normal conditions during each of the seasons following the delivery of the seed tubers.

Section 1 Quantity

(1) During the year beginning with the making of the application the following amounts of seed shall be delivered:—

(2) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered such reproductive and other plant material in such quantity and of such description and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.

Section 1 Quantity

(1) During the year beginning with the making of the application the following amounts of seed shall be delivered:—

Section 1 Quantity

(1) During the year beginning with the making of the application the following amounts of seed shall be delivered:—

(2) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered such reproductive and other plant material in such quantity and of such description and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.

Section 1 Quantity

(1) The following shall be delivered:

Apples

(2) Eight trees on M9 rootstocks, not less than two and not more than three years old.Alternatively budwood or graftwood sufficient to produce fifteen trees.

Pears

(3) Three trees on Quince A rootstock, double-worked where necessary.The trees shall be not less than two and not more than three years old. Alternatively, if the Controller shall so allow, scion or bud wood sufficient to produce four trees may be delivered instead of the three trees as mentioned above.

Plums and Damsons

(4) Three trees on St. Julien A rootstocks shall be delivered.The trees shall not be less than two and not more than three years old. Alternatively, if the Controller shall so allow, scion or bud wood sufficient to produce four trees may be delivered instead of the three trees as mentioned above.

Cherries

(5) Three trees on F12/1 or Colt rootstocks.The trees shall be not less than two and not more than three years old.

Apple rootstocks, Pear rootstocks, Plum and Damson rootstocks, Cherry rootstocks and Quince rootstocks.

(6) Twenty-five well-rooted rootstocks of not less than 7mm in diameter selected from the stool or layer bed.

Section 1 Quantity

(1) The following shall be delivered:

Black Currants

(2) Twelve visually healthy two-year old bushes.

Gooseberries

(3) Five visually healthy two-year old bushes.

Raspberries

(4) Forty visually healthy canes.

Rubus (other than raspberries)

(5) Six visually healthy young plants

Strawberries

(6) Forty visually healthy plants.

Red Currants

(7) Four vigorous healthy plants with at least three strong shoots.The plants shall not be more than two years old.

Section 1 Quantity

Four plants of the parent stock sufficient to provide 12 single bud roots.

Section 1 Quantity

Six one year bedded sets shall be delivered.

Section 1 Quantity

(1) The following shall be delivered:

Carnations

(2) a Border carnations and pinks

Ten visually healthy young plants, typical of the variety.

(b) Perpetual flowering carnations

Seventy-five unrooted, visually healthy cuttings, each furnished with at least four but notmore than five clearly visible internodes.

Perennial Chysanthemums

(3) a Year round varieties

Fifty visually healthy cuttings of normal commercial standard.

(b) Other varieties

Twenty-five visually healthy cuttings of normal commercial standard.

Dahlias

(4) Four plants of each disbudded variety and seven plants of each dwarf bedding variety shall bedelivered.The plants shall be typical of the variety and young, visually healthy, green plants.

Perennial Delphiniums

(5) Six well-rooted cuttings, or fifteen young plants ex-microprop.

Freesias

(6) Twenty-five visually healthy corms of flowering size, typical of the variety.

Gladioli

(7) Twelve visually healthy corms of flowering size, typical of the variety, shall be delivered each year.

Narcissi

(8) Ten visually healthy single nosed bulbs, typical of the variety.

Rhododendrons

(9) a Varieties to be flowered outdoors

Three plants each with at least three flower buds.

(b) Pot plant varieties

Thirty plants, twice pinched.

Roses

(10) In the case of a miniature variety six trees, in the case of a bush variety four trees, in the case of a shrub variety three trees and in the case of a climbing variety or ground cover variety two trees. The trees shall be first quality visually healthy maiden trees typical of the variety.If the Controller is satisfied that maiden trees cannot be supplied, two-year-old trees may be delivered.

Herbaceous perennials

(11) Four visually healthy vegetatively reproduced plants typical of the variety, each one year old.

Cymbidiums

(12) One mature plant in full flower.

Pelargoniums

(13) Ten rooted or unrooted cuttings.

Streptocarpus

(14) Five full grown plants.

Lilies.

(15) Ten visually healthy bulbs of flowering size.

Elatior begonias

(16) Thirty healthy young plants with no visible evidence of flower buds.The plants shall not have been treated with a growth regulator.

Saintpaulia

(17) Twenty healthy young plants.

Nerine

(18) Fifteen dormant bulbs.

Poinsettia

(19) Ten rooted cuttings.

Cacti

(20) Twenty unrooted cuttings.

Gerbera

(21) Twelve young plants of normal commercial standard.

Kalanchoe

(22) Twenty young plants, not cut back, in peat blocks.

Impatiens

(23) Twenty young plants, of good commercial quality, not cut back, in peak blocks.

Euphorbia milii

(24) Twenty, three month old plants.

Scaevola aemula

(25) Twenty young plants.

Osteospermum

(26) Twenty young plants, of good commercial quality, not cut back, in peak blocks.

Galtonia candicans

(27) Six visually healthy bulbs.

Agapanthus

(28) Four visually healthy plants.

Cheiranthus

(29) Twenty young plants.

Erysimum

(30) Twenty young plants.

Festuca ovina Glauca

(31) Four young plants.

Petunia

(32) Ten grams of seed.

Trifolium arvense

(33) Twenty young plants.

Section 2 Packing

The ears shall be packed in bundles of not more than 100, lightly wrapped, in a stiff-sided container.The seeds shall be packed in a suitable container of sufficient strength to withstand mechanical damage during transit due to handling.

Section 2 Packing

The seed tubers shall be securely packed in new sacks or other new containers which are capable of withstanding the hazards that may be encountered by perishable produce during transit.The packing material shall be adequate in quantity and quality to protect the tubers from low temperature which may cause chilling or frosting and from damage due to handling.

Section 2 Packing

The seed shall be packed in a suitable container of sufficient strength to withstand damage during transit due to handling.

Section 2 Packing

The seed shall be packed in a suitable container of sufficient strength to withstand damage during transit due to handling.

Section 2 Packing

The seed shall be packed in a suitable container of sufficient strength to withstand damage during transit due to handling.

Section 2 Health

Complete trees and rootstocks 1 a The trees and rootstocks shall not show symptoms of any virus disease.

(b) The trees and rootstocks shall be healthy.They shall not be lacking in vigour, or affected by any pests or diseases.

Scion or bud wood or graftwood

(2) Scion or bud wood or graftwood shall be the produce either of a tree of the variety growing on its own roots or of a tree of the variety which satisfies the requirements set out in paragraph 2(1)(a) and (b) above.

Section 2 Health

The plant material shall be visibly healthy and shall not be lacking in vigour or affected by pests or diseases.

Section 2 Health

(a) The sets shall not show symptoms of any virus disease.

(b) The sets shall be healthy.They shall not be lacking in vigour or affected by pests or diseases.

Section 3 Quality

(1) The seed shall comply with the following standards:—

(a) Wheat, Barley, Oats and Rye

(b) Maize

(c) Triticale

The minimum germination by number of pure seeds shall be 85%. The seed shall not be affected by harmful organisms and must originate from the growing period immediately preceding the tests.

(2) The seed shall be free from insects.

Section 3 Grading and Condition

The seed tubers shall be graded so as to be capable of being retained by meshes of a riddle each measuring 35mm square and passed by meshes of a riddle each measuring 50mm square.The seed tubers shall be in sound condition and not be visibly unfit for planting through damage due to handling or attack by any insect, pest or disease or any other condition which would impair their subsequent growth.The seed tubers shall be reasonably free from soil.

Section 3 Quality

The seed shall comply with the following standards:—

Up to the maximum content indicated, hard seeds present shall be considered as seeds capable of germination.

All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.

Section 3 Quality

(1) The seed shall comply with the following standards:—

Maximum content by number of seeds of other plant species in a sample of the following weight:

Swede rape including oilseed rape

— 100 grams

Flax and linseed

— 150 grams

White mustard

— 200 grams

Brown and black mustard

— 40 grams

Sunflower

— 1,000 grams

Turnip rape

— 70 grams

One seed of dodder in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of the same weight is free from any seeds of dodder.

(2) The seed shall be of a satisfactory state of health as far as seed-borne organisms and diseases affecting the seeds are concerned. In particular the seed shall not exceed the following standards:—

In flax the maximum percentage by number of seeds contaminated by Phoma exigua var.linicola shall not exceed 1%.

Section 4 Dressings and Treatments

The seed shall not have been subjected to any fungicidal or insecticidal treatment.

Section 4 Dressings and Treatments

The seed tubers shall not have been treated with a fungicide, pesticide or sprout inhibitor.

Section 4 Quality

The seeds shall also comply with the following standards where appropriate:

In perennial ryegrass awned ryegrass seeds shall not exceed 1% by weight in seeds of a variety known not to produce seeds with awns.

I seed of dodder in a sample of the size specified in column 2 shall not be regarded as an impurity if a second sample of the same weight is free from dodder.

In meadow fescue there shall be no more than a total of 20 seeds of rye grass in a sample of the size specified in column 2.

In meadowgrasses a maximum of 0.8% by weight of seeds of other meadowgrasses shall not be regarded as an impurity.

In lupins the percentage by number of bitter lupin seeds in sweet varieties shall not exceed 3.0 and the percentage by number of seeds of another colour shall not exceed 2.0 in bitter lupins and 1.0 in other lupins.

In lupins the presence of a maximum of 0.5% by weight in total of seeds of other lupins, Hungarian, common or hairy vetch, field pea and field bean shall not be regarded as an impurity.

Section 4 Dressings and Treatments

The seed shall not have been subjected to any fungicidal or insecticidal treatment.

Section 4 Dressings and Treatments

The seed shall not have been subjected to any fungicidal or insecticidal treatment.

Section 4 Health

The seeds shall be of a satisfactory state of health in so far as seed-borne diseases and organisms affecting the seeds are concerned.

Section 5 Health

(1) The land on which the seed tubers have been produced shall be land which:—

(a) is not deemed for the purpose of the Plant Health (Great Britain) Order 1993 or the Plant Health (Northern Ireland) Order 1993 to be land on which wart disease of potatoes (Synchytrium endobioticum (Schilb.) (Perc.)) is present;

(b) is not declared for the purposes of the Plant Health (Great Britain) Order 1993 to be land on which potato cyst eelworm (Globodera rostochiensis (Woll) Mulvey and Stone and Globodera pallida (Stone) Mulvey and Stone) is present;

(c) is not land on which the occupier has been served with a notice under the Plant Health Order (Northern Ireland) 1993 requiring him to adopt measures for the prevention of the spread of potato cyst eelworm as specified by the notice; and

(d) is land which has not at any time been used for growing potatoes during the period of five years immediately preceding the planting of the crop from which the seed tubers are produced.

(2) The seed tubers shall be accompanied by a certificate issued by as the case may be the Ministry of Agriculture, Fisheries and Food, The Scottish Office Agriculture and Fisheries Department or the Department of Agriculture for Northern Ireland stating:—

(a) the seed tubers are the produce of a crop grown on land not known to be infected by wart disease of potatoes or infested by potato cyst eelworm;

(b) the seed tubers are the produce of a crop which was inspected during the growing season and deemed on visual examination to be free from infection with tobacco veinal necrosis virus and to contain not more than the following tolerances for other diseases and impurities—

(i) 0.05% of rogues, undesirable variations, wildings and bolters;

(ii) 0.02% with leaf roll or severe mosaic;

(iii) 0.20% of plants with mild mosaic;

(iv) 1% of plants with blackleg.

(c) the seed tubers were found on visual examination to be free from signs of wart disease of potatoes; and

(d) the seed crop from which the tubers were produced was not so affected by any other disease or pest as to render it unsuitable for seed purposes.

Section 5 Dressings and Treatments

The seed shall not have been subjected to any fungicidal or insecticidal treatment and shall not be pelleted.