(1) The title of these Regulations is the Seed Marketing (Wales) Regulations 2012.
(2) These Regulations apply in relation to Wales and come into force on 27 February 2012.
S.I. 2012/245 (W.)
The Seed Marketing (Wales) Regulations 2012 (S.I. 2012/245 (W.))
These Regulations which apply in relation to Wales, implementβ
Data synced
PART 1 β Introduction
(1) In these Regulations β marketing β (β marchnata β) means the sale, holding with a view to sale, offer for sale or any disposal, supply or transfer aimed in each case at commercial exploitation of seed to third parties, whether or not for consideration.
(2) But marketing does not include trade that is not aimed at commercial exploitation, such asβ
(a) the supply of seed to official testing and inspection bodies; or
(b) the supply of seed to a person who provides processing services but who does not acquire title to the seed.
(1) For the purposes of these Regulationsβ
(a) the βGB Variety Listβ is the 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;
(b) a βcountry granted equivalenceβ meansβ
(i) a country that has been granted equivalence under Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries; or
(ii) a country that has been assessed by the Welsh Ministers that the seed from that country is produced under conditions equivalent to the requirements in these Regulations for seed to which these Regulations apply;
(c) βCrown Dependencyβ means any of the Channel Islands or the Isle of Man;
(d) the βNI Variety Listβ means the list of plant varieties prepared and published by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland in accordance with legislation having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001.
(2) In these Regulations all references toβ
(a) Council Directive 2002/54/ EC on the marketing of beet seed ,
(b) Council Directive 66/402/ EEC on the marketing of cereal seed ,
(c) Council Directive 66/401/EEC on the marketing of fodder plant seed ,
(d) Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants ,
(e) Council Directive 2002/55/EC on the marketing of vegetable seed,
(f) Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties ,
(g) 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 , ...
(h) Commission Directive 2010/60/ EU providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment , and
(i) Council Decision 2003/17/ EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries,
are references to those instruments as amended from time to time.
PART 2 β Categories of seed
(1) These Regulations apply in relation to seed of the plants in the first column of the table in Schedule 1 intended to be used for agricultural or horticultural production, but do not apply in relation to seed intended to be used for ornamental plants.
(2) These Regulations do not apply in relation to seed intended for export outside Great Britain (other than regulation 26 which relates to certification for export).
Seed is divided into the following categories, commonly known by the abbreviations givenβ
(a) breeder's seed (βBRβ);
(b) pre-basic seed (βPBβ);
(c) basic seed (β BS β);
(d) certified seed (βCSβ);
(e) certified seed, first generation (βC1β);
(f) certified seed, second generation (βC2β);
(g) certified seed, third generation (βC3β);
(h) commercial seed (βCMβ);
(i) standard seed (vegetables only) (βSTβ);
(j) seed of a higher voluntary standard (βHVSβ).
Breeder's seed is seed produced by or under the responsibility of the breeder and intended for the production of pre-basic seed or basic seed.
Pre-basic seed and basic seed may only be produced with the written authorisation of the person listed as the maintainer of that seed in the GB Variety List, NI Variety List or an equivalent list in a country granted equivalence .
PART 3 β Marketing seed
Seed to which these Regulations apply may only be marketed as seed if it isβ
(a) certified under regulations 10 and 11 as being one of the categories in regulation 5;
(b) packaged and sealed in accordance with regulation 16;
(c) labelled in accordance with regulation 17;
(d) marketed by a person licensed to do so in accordance with regulation 20.
(1) The requirement for certification does not apply in relation to breeder's seed.
(2) Schedule 4 makes provision for the marketing of seed not fully complying with regulation 8.
To be certified under these Regulations as one of the categories in regulation 5 seed mustβ
(a) be a variety entered in the GB Variety List ;
(b) be grown from a seed eligible to produce that category in accordance with Schedule 2;
(c) come from a crop inspected under these Regulations and certified as complying with the requirements of Schedule 2;
(d) be tested in accordance with these Regulations.
(1) In order to be certified a sample of the seed from which the crop is going to be produced must be entered with the Welsh Ministers in sufficient time for the Welsh Ministers to grow a control plot.
(2) The Welsh Ministers may accept the entry of a sample of the seed after this time, but in this case the crop grown to produce the seed must be inspected by an official crop inspector in accordance with regulation 12.
(3) The crop used to produce the seed must be inspected by a crop inspector in accordance with the provisions relating to that crop in Schedule 2, and the crop inspector must certify thatβ
(a) the crop meets the standard for that crop specified in Schedule 2, or
(b) the crop meets a lower standard but still meets one of the standards in Schedule 2,
and lodge a report to that effect with the Welsh Ministers.
(4) The crop inspector may indicate that remedial action or further inspection is necessary before the crop is certified as meeting the required standard.
(5) Once the crop has been harvested and processed, a sample of the seed must be taken by a licensed seed sampler (using current international sampling methods in so far as they exist) in accordance with the provisions relating to that crop in Schedule 2 (for the avoidance of doubt the seed lot sizes and sample weights are specified in each of the Directives in that Schedule dealing with the seed).
(6) The seed must be tested in a seed testing station (either licensed or operated by the Welsh Ministers), which must test the seed (using current international sampling and testing methods in so far as they exist) to ensure that the certification standards in Schedule 2 are complied with and issue a seed test report stating the results and lodge the report with the Welsh Ministers.
A crop inspection for certification must be carried out by a licensed crop inspector; except for the inspection ofβ
(a) a crop intended for the production of pre-basic or basic seed, or
(b) a crop producing seed when the entry of the seed under regulation 11 was too late to allow the Welsh Ministers to grow a control plot,
when the inspection must be carried out by an official crop inspector appointed by the Welsh Ministers for the purposes of such inspection.
At the time of marketing the seed must as a minimum comply with the standards in Schedule 2 relating to that type of seed.
For the avoidance of doubt, if a crop or seed has been certified as belonging to one category, but complies with the requirements of another category for that seed, it may be re-graded as any category for which it satisfies the requirements.
(1) The Welsh Ministers must carry out any necessary tests on the entered seed, and in particular must grow the seed in a control plot.
(2) If the tests or the control plot meets the requirements for varietal identity and varietal purity, no further action is taken.
(3) Otherwise the Welsh Ministers must obtain more information from crops grown from that seed and, if the Welsh Ministers decide that the crop is not satisfactory, notify the applicant that the crop may not be certified, or must be downgraded to a lower category.
(1) All seed, other than loose sales (for which see Part 5 of Schedule 3) must be supplied in a sealed package by a person licensed to do so under regulation 20.
(2) The packaged seed must be in homogeneous lots.
(3) A package must be sealed by or under the supervision of a licensed seed sampler using an official seal.
(4) A package must either have a non-re-useable sealing system or be sealed in such a manner that opening the packageβ
(a) damages the sealing system; or
(b) leaves evidence of tampering on either the label or the package.
(5) If a package is opened other than by the final consumer it must be re-labelled and re-sealed by or under the supervision of a licensed seed sampler, and the fact of resealing, the most recent date of resealing and the authority responsible for it must be stated on the label.
(6) This regulation does not apply in relation to the marketing of small packages of seed as defined in Schedule 3.
(1) All seed must be labelled in accordance with Schedule 3 by a person licensed to do so under regulation 20.
(2) No person may reproduce, remove, alter, deface, conceal or misuse in any way any label produced for the purposes of these Regulations.
A mixture of seed may only be marketed if the mixture is permitted under the following table.
(1) Any person whoβ
(a) markets seed,
(b) packs, seals, labels, re-packs, re-seals or re-labels seed for marketing,
(c) prepares mixtures of seed for marketing, or
(d) cleans, treats or in any other way processes seed intended for marketing,
must make sufficient records (either written or electronic) to create an audit trail so that the identity and provenance of any seed marketed or otherwise dealt with in the course of the operation can be established.
(2) Records must be kept for at least 3 years and produced on demand to an officer of the Welsh Ministers (in the case of electronic records a printout must be provided).
PART 4 β Licensing
(1) Any person carrying out any of the following operations must be licensed to do so by the Welsh Ministersβ
(a) marketing seed;
(b) packing, sealing or labelling seed;
(c) re-packing, re-sealing or re-labelling seed;
(d) preparing mixtures of seed for marketing;
(e) cleaning, treating or in any other way processing seed intended for marketing.
(2) But the requirement for a licence does not apply in relation to the marketing ofβ
(a) small packages of seed as defined in Schedule 3;
(b) unpacketed seed; or
(c) seed, as grown, for processing, provided the identity of the seed is ensured under paragraph 2 of Schedule 4.
(1) The Welsh Ministers may license crop inspectors, seed samplers and seed testing stations to act under these Regulations.
(2) Before licensing a crop inspector or seed sampler the Welsh Ministers must be satisfied that the person is competent to act as such, and has passed an examination specified by the Welsh Ministers.
(3) Before licensing a seed testing station the Welsh Ministers must be satisfied that the station has adequate premises, qualified personnel and equipment to test for the purposes of these Regulations.
(4) A licensed crop inspector, seed inspector or seed testing station may charge reasonable fees for carrying out functions under these Regulations but may not derive any private gain in connection with the carrying out of such functions.
(1) The Welsh Ministers may by licence exempt any person or class of person from compliance with any provision of these Regulations for the purposes of a temporary experiment seeking improved alternatives to provisions of these Regulations and organised in accordance with regulations made under section 16(5) of the Plant Varieties and Seeds Act 1964 .
(2) The duration of an experiment must not exceed 7 years.
(1) A licence must be in writing, and may be subject to such conditions as the Welsh Ministers consider appropriate.
(2) The Welsh Ministers may vary, suspend or revoke a licence by notice in writing at any time.
PART 5 β Administration and revocations
(1) The Welsh Ministers may withdraw certification from any seed if satisfied thatβ
(a) the seed, or the seed from which the crop producing the seed was grown, was incorrectly sampled;
(b) the crop from which the seed was harvested did not meet the conditions in Schedule 2; or
(c) the seedβ
(i) did not meet the conditions in Schedule 2 when it was tested; or
(ii) no longer meets those conditions.
(2) If certification is withdrawn the Welsh Ministers must notify the applicant.
(3) Within 7 days of being notified the applicant must notify any person to whom they have sold or supplied the seed.
(1) A sample of seed taken for the purposes of enforcing these Regulations must be taken by an authorised officer of the Welsh Ministers, who must divide it into three parts.
(2) One part must be given to the owner of the seed (or a representative of the owner) and the other two parts must be sent to an official testing station, one for testing and the other for retention pending production to a court in accordance with section 26(7) of the Plant Varieties and Seeds Act 1964 .
(3) The two parts of the sample sent to an official testing station must be retained for at least two years.
(1) For the purposes of section 26(3) of the Plant Varieties and Seeds Act 1964, a certificate of how a sample was taken for the purpose of enforcing these Regulations mustβ
(a) make reference to these Regulations, and must certify that the sample was taken and treated in accordance with regulation 24;
(b) specifyβ
(i) the name and address of the person taking the sample;
(ii) the premises at which the sample was taken;
(iii) the type of seed sampled;
(iv) the date the sample was taken;
(v) the reference number of the seed lot;
(vi) the quantity sampled.
(2) For the purposes of section 24(5) of the Plant Varieties and Seeds Act 1964, a certificate of the result of a test at an official seed testing station of a sample taken by an authorised officer for the purposes of that Act mustβ
(a) make reference to these Regulations;
(b) identify the seed tested;
(c) contain all test results relating to the standard required for that seed.
The Welsh Ministers may certify the quality of any seed intended for export ....
(1) Seed imported from a country granted equivalence mustβ
(a) be a variety listed in the GB Variety List; and
(b) be labelled withβ
(i) for standard vegetable seed, a supplierβs label in accordance with paragraph 25(4) or (5) of Schedule 3;
(ii) for all other seed, a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.
(2) If the seed is to be further multiplied the person intending to multiply it must first submit a sample to the Welsh Ministers for verification.
(3) Any person marketing seed that has been imported from a country granted equivalence and exceeds two kilograms must supply the Welsh Ministers, in writing and within one month of the first marketing of the seed, with the following particulars relating to the seedβ
(a) the species;
(b) the variety;
(c) the category;
(d) the country of production and the official inspection authority;
(e) the country of despatch;
(f) the importer; and
(g) the quantity of seed.
(1) Any person who is aggrieved by a decision of the Welsh Ministers toβ
(a) vary, suspend, revoke or refuse to grant a licence of a crop inspector, seed sampler, seed testing station, or a person requiring a licence under regulation 20,
(b) refuse to certify seed,
(c) withdraw certification of seed,
may, within 21 days of being notified of the decision, appeal against it to a person appointed for the purpose by the Welsh Ministers.
(2) The appointed person must consider the appeal and any representations made by the Welsh Ministers, and within 21 days report in writing with a recommended course of action to the Welsh Ministers.
(3) The Welsh Ministers must then make a final decision and notify the appellant, together with the reasons.
(1) The Welsh Ministers may make such arrangements with any person (βAβ) as the Welsh Ministers consider necessary or desirable for the purpose of enabling A to carry out official measures on the Welsh Ministersβ behalf.
(2) The Welsh Ministers must not make any arrangement under this regulation unless satisfied that the arrangement makes provision for the purpose of preventing any person fromβ
(a) deriving any private gain from any official measures carried out under the arrangement; and
(b) carrying out any official measures under the arrangement except under official supervision.
(3) The Welsh Ministers may include in any arrangement such conditions as the Welsh Ministers consider necessary or desirable for the purposes referred to in paragraphs (1) and (2), including conditionsβ
(a) specifyingβ
(i) the official measures that A must carry out;
(ii) the species and generation of seed in respect of which A may carry out the official measures;
(iii) the methods to be used in connection with the official measures that A carries out;
(iv) the fees that A may charge in relation to the official measures that A carries out;
(v) the records that A must keep in connection with the official measures that A carries out;
(b) prohibiting A fromβ
(i) charging fees in relation to the official measures that A carries out under the arrangement except to the extent that the fees do not exceed the costs that A incurs in carrying them out;
(ii) carrying out the official measures except under official supervision;
(c) prohibiting A from making any further arrangement with any other person (βBβ) for any purpose in connection with the carrying out of the official measures that A has arranged with the Welsh Ministers to carry out, unlessβ
(i) the Welsh Ministers have approved all the conditions of the further arrangement and A has received the prior written approval of the Welsh Ministers to make the further arrangement;
(ii) the further arrangement includes a condition prohibiting B from making any subsequent arrangements for any purpose connected with the carrying out of the official measures in respect of which the Welsh Ministers made an arrangement with A;
(iii) the further arrangement includes an acknowledgement by A that the Welsh Ministers may vary, revoke or suspend the further arrangement if it appears to the Welsh Ministers that B is not complying, or has failed to comply, with any condition of the further arrangement; and
(iv) the further arrangement includes the conditions specified in sub-paragraphs (a) and (b) of this paragraph and for these purposes references in those sub-paragraphs to A are to be construed as references to B and references to βthe arrangementβ are to be construed as references to the further arrangement.
(4) The Welsh Ministers must not approve the making of any further arrangement under this regulation unless satisfied that B will notβ
(a) derive any private gain from any official measures that B is to be authorised to carry out under the further arrangement;
(b) carry out any official measures under the further arrangement except under official supervision.
(5) The Welsh Ministers may, by written notice to A or B (as the case may be), vary, suspend or revoke an arrangement or further arrangement, or any conditions of an arrangement or further arrangement made under this regulation.
(6) A notice given under paragraph (5) must specifyβ
(a) in respect of a variation or revocation, the date from which the variation or revocation takes effect;
(b) in respect of a suspension, the period during which the suspension has effect.
(7) When a variation, revocation or suspension has effect, the Welsh Ministers may, for any purposes in relation to these Regulations, continue to have regard to such of the official measures carried out under an arrangement (or further arrangement) which was varied, revoked or suspended as appear to the Welsh Ministers to be official measures carried out in accordance with the provisions of these Regulations.
(8) In this regulation, βofficial measuresβ (β mesurau swyddogol β) include official examinations, growing trials, tests and assessments.
The Welsh Ministers may charge a reasonable fee for anything done under these Regulations.
The Welsh Ministers may temporarily permit the marketing of seed not satisfying the requirements of minimum germination under conditions determined in accordance with Commission Regulation (EC) No 217/2006 laying down rules for the application of Council Directives 66/401/EEC , 66/402/EEC , 2002/54/EC , 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination .
If the breeder so requests, the description of genealogical components of seed must not be disclosed by the Welsh Ministers.
(1) Any seed certified in another part of the United Kingdom may be marketed in Wales.
(2) A crop inspector, seed sampler or seed testing station licensed to act as such in another part of the United Kingdom may act as such under these Regulations.
Any seed certified and labelled in a Crown Dependency or a country granted equivalence under legislation recognised by the Welsh Ministers to have equivalent effect to these Regulations may be marketed in Wales.
For the purposes of regulation 17 and paragraphs 7(1)(a) and 8(1)(a) of Schedule 3, an official label pre-printed before implementation period completion day containing the statement βEU Rules and Standardsβ may be used as an official label before the end of the period of one year beginning with the day after the day on which implementation period completion day falls.
(1) A crop inspector, seed sampler or seed testing station licensed at the time these Regulations come into force under the Seed (Registration, Licensing and Enforcement) (Wales) Regulations 2005 continues to be licensed as such under these Regulations.
(2) A person requiring to be licensed under regulation 20 of these Regulations who was licensed under the Seed (Registration, Licensing and Enforcement) (Wales) Regulations 2005, at the time these Regulations come into force, is now licensed to act as such under these Regulations subject to such conditions as may be notified by the Welsh Ministers and continues to be licensed unless the licence is subsequently suspended or revoked by the Welsh Ministers under these Regulations.
The following Regulations are revokedβ
(a) the Oil and Fibre Plant Seed (Wales) Regulations 2004 ;
(b) the Vegetable Seed (Wales) Regulations 2005 ;
(c) the Cereal Seed (Wales) Regulations 2005 ;
(d) the Beet Seed (Wales) Regulations 2005 ;
(e) the Fodder Plant Seed (Wales) Regulations 2005 ;
(f) the Seed (Registration, Licensing and Enforcement) (Wales) Regulations 2005 ;
(g) the Cereal Seed (Wales) and Fodder Plant Seed (Wales) (Amendment) Regulations 2006 ;
(h) the Seed (Wales) (Amendments for Tests and Trials etc ) Regulations 2007 ;
(i) the Seed (Conservation Varieties Amendments) (Wales) Regulations 2009 ;
(j) the Seed (Miscellaneous Amendments) (Wales) Regulations 2010 ;
(k) the Vegetable Seed (Wales) (Amendment) Regulations 2011 .
Schedules
SCHEDULE 2 β Certification requirements
PART A1 β Introduction
In this Scheduleβ
βEU Plant Health Regulationβ (β Rheoliad Iechyd Planhigion yr UE β) means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;
β PFA quarantine pest β (β pla cwarantin ardal syβn rhydd rhag plΓ’u β) means a pest within the meaning given by Article 32(1) of the EU Plant Health Regulation;
βRNQPβ (β PRHG β) means a GB regulated non-quarantine pest within the meaning given by Article 36 of the EU Plant Health Regulation;
β GB quarantine pest β (β pla cwarantin Prydain Fawr β) means a pest within the meaning given by Article 4 of the EU Plant Health Regulation.
PART 1 β Beet
This Part regulates the type of beet in Schedule 1.
In these Regulationsβ
(a) β monogerm seed β (β hadau uneginol β) means seed that is genetically monogerm; and
(b) β precision seed β (β hadau trachywir β) means seed designed for use in precision drills to produce single seedlings.
Beet seed must beβ
(a) pre-basic seed;
(b) basic seed; or
(c) certified seed.
Pre-basic seed is seedβ
(a) produced from a generation prior to pre-basic seed by or under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; and
(b) intended for the production ofβ
(i) more pre-basic seed;
(ii) basic seed; or
(iii) with the breeder's written authority, certified seed.
Basic seed is seedβ
(a) produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; and
(b) intended for the production of certified seed.
Certified seed is seed that is of direct descent from basic seed and is intended for the production of beet.
(1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(3)(A) (a) to (d) of, and Annex I(A) to, Council Directive 2002/54/EC on the marketing of beet seed , and the crop must satisfy the conditions in that Annex.
(2) The seed produced by the crop must be sampled in accordance with Article 9(2) and Annex II to that Directive, and must satisfy the conditions in Annex I(B) to that Directive.
(3) The seed must be labelled in accordance with Schedule 3 .
(4) The maximum moisture content must not exceed 15% by weight.
(5) Diseases and harmful organisms that reduce the usefulness of the seed must be at the lowest possible level.
(6) For the purposes of this regulation, Council Directive 2002/54/EC is to be read as ifβ
(a) in Article 2(3)(A)(a)(iii), for βofficially licensed by the seed certification authority of the Member State concernedβ there were substituted β licensed by the Welsh Ministers β ;
(b) in Annex 1β
(i) in point Aβ
(aa) in paragraph 3, for βcertification authorityβ there were substituted β Welsh Ministers β ;
(bb) in the last paragraph, for the words from βcommonβ to βthat Directiveβ there were substituted βGB Variety Listβ ;
(ii) in point B, in paragraph 3(c)β
(aa) the reference to βMember Statesβ were a reference to βThe Welsh Ministersβ;
(bb) the reference to βCommunityβ were omitted.
PART 2 β Cereals
CHAPTER 1 β Types of seed
This Part regulates the types of cereal in Schedule 1.
(1) Cereal seed must beβ
(a) pre-basic seed;
(b) basic seed;
(c) certified seed;
(d) certified seed, first generation;
(e) certified seed, second generation; or
(f) seed of a higher voluntary standard.
(2) The seed may be a mixture of cereal species of different varieties provided that each variety in the mixture is certified and is effective against the propagation of harmful organisms.
Pre-basic seed (including hybrids) is seedβ
(a) produced from a generation prior to pre-basic seed or from pre-basic seed by or under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; and
(b) intended for the production ofβ
(i) more pre-basic seed;
(ii) basic seed; or
(iii) with the breeder's written authority, certified seed of categories CS, C1 or C2 (hybrid varieties may not be produced to C1 or C2).
Basic seed is seed complying with the following conditions.
Certified seed is seedβ
(a) of rye, maize, or triticale and hybrids of barley, oats, wheat, durum wheat, spelt wheat;
(b) that has been produced directly from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed that satisfies the conditions for basic seed; and
(c) that is intended for purposes other than the production of cereal seed.
Certified seed, first generation is seedβ
(a) of oats, barley, triticale, wheat, durum wheat or spelt wheat, other than hybrids in each case;
(b) produced directly from basic seed or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed; and
(c) intended either for the production of seed of the category 'certified seed, second generation' or for purposes other than the production of cereal seed.
Certified seed, second generation is seedβ
(a) of oats, barley, triticale, wheat, durum wheat or spelt wheat, other than hybrids in each case;
(b) produced directly from basic seed, from certified seed, first generation or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed; and
(c) intended for purposes other than the production of cereal seed.
(1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(3)(A) (a) to (d) of, and Annex I to, Council Directive 66/402/EEC on the marketing of cereal seed , and the crop must satisfy the conditions in that Annex.
(2) The seed produced by the crop must be sampled in accordance with Article 7 of, and Annex III to, that Directive (except paragraphs 1a(f) and 1b of Article 7) and must satisfy the conditions in Annex II to that Directive.
(2A) For the purposes of sub-paragraphs (1) and (2), Council Directive 66/402/EEC is to be read as ifβ
(a) in Article 2(3)(A)(a)(iii), for βofficially licensed by the seed certification authority of the Member State concernedβ there were substituted β licensed by the Welsh Ministers β ;
(b) in Article 7β
(i) references to βMember Statesβ were references to βWelsh Ministersβ;
(ii) in paragraph 1a(a), for βseed certification authority of the Member State concernedβ there were substituted β Welsh Ministers β .
(3) The maximum moisture content must not exceed 17% by weight.
(4) The crop and the seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.
(5) The crop and the seed produced by the crop must comply with the requirements concerning GB quarantine pests, PFA quarantine pests and RNQPs set out in implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.
CHAPTER 2 β Higher voluntary standards
(1) Barley, oats, wheat (including durum wheat and spelt wheat) or naked oats classified as basic seed, or certified seed of categories C1 or C2, may be marketed as being of a higher voluntary standard, which is a standard higher than that regulated under Chapter 1, if it meets the higher standards in this Chapter.
(2) The crop must have at least 99.99% (by number) species purity.
(3) Other than a hybrid, the minimum varietal purity of seed isβ
(a) 99.95% for basic seed;
(b) 99.9% for C1 seed;
(c) 99.7% for C2 seed.
(4) In the case of C1 and C2 the seed must have 99% by weight analytical purity.
In the case of barley, wheat, durum wheat and spelt wheatβ
(a) the maximum number of wild oats in a crop is 7 per hectare.
(b) the maximum percentage by number of loose smut infection in seed isβ
(i) 0.1% for basic seed;
(ii) 0.2% for C1 and C2 seed.
The number of seeds from other plant species in a sample of 1000g must not exceed the following.
In a sample of 1000gβ
(a) in the case of basic seed there must be no ergot or sclerotia;
(b) in the case of certified seed (C1 or C2) there must be no more than one piece of ergot or sclerotia.
PART 3 β Fodder plants
CHAPTER 1 β Basic standards
This Part regulates the types of fodder plants in Schedule 1.
(1) Fodder seed must beβ
(a) pre-basic seed;
(b) basic seed;
(c) certified seed;
(d) certified seed, first generation;
(e) certified seed, second generation;
(f) commercial seed; or
(g) seed of a higher voluntary standard.
(2) The seed may be a mixture of fodder species of different varieties provided that each variety in the mixture is certified.
Pre-basic seed is seedβ
(a) produced from a generation prior to pre-basic seed by or under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; and
(b) intended for the production ofβ
(i) more pre-basic seed;
(ii) basic seed; or
(iii) with the breeder's written authority, certified seed CS, C1 or C2.
(1) Basic seed is seed ofβ
(a) bred varieties; or
(b) local varieties.
(2) Seed of bred varieties is seedβ
(a) produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety;
(b) intended for the production of certified seed.
(3) Seed of local varieties is seedβ
(a) produced under official control from material officially accepted as being of the local variety on one or more holdings situated within a clearly demarcated region of origin;
(b) intended for the production of certified seed.
Certified seed is seed (other than of field beans, field peas, lucerne ( Medicago sativa ), lupins and vetches)β
(a) produced directly from basic seed or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed; and
(b) intended for purposes other than the production of seed.
Certified seed, first generation in relation to field beans, field peas, lucerne ( Medicago sativa ), lupins and vetches is seedβ
(a) produced directly from basic seed or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed; and
(b) intended forβ
(i) the production of certified seed, second generation (in the case of field beans and field peas only); or
(ii) purposes other than the production of seed (in all cases).
Certified seed, second generation in relation to field beans, field peas, lucerne ( Medicago sativa ), lupins and vetches is seedβ
(a) produced directly from basic seed, from certified seed, first generation (C1) or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed; and
(b) intended for purposes other than the production of seed of fodder plants.
Commercial seed is seed of annual meadowgrass, Hungarian vetch or sainfoin that is identifiable as belonging to a species.
(1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(3)(A) (a) to (d) of, and Annex I to, Council Directive 66/401/EEC on the marketing of fodder plant seed , and the crop must satisfy the conditions in that Annex.
(1A) For the purposes of sub-paragraph (1), Council Directive 66/401/EEC is to be read as ifβ
(a) in Article 2(3)(A)(a)(iii), for βofficially licensed by the seed certification authority of the Member State concernedβ there were substituted β licensed by the Welsh Ministers β ;
(b) in Annex 1, in paragraph 4, in the second sub-paragraph, the words from βUponβ to the end were omitted.
(2) The seed produced by the crop must be sampled in accordance with Annex III to that Directive, and must satisfy the conditions in Annex II to that Directive.
(3) The crop and the seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.
(4) The crop and seed produced by the crop must comply with the requirements concerning GB quarantine pests, PFA quarantine pests and RNQPs set out in implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.
CHAPTER 2 β Higher voluntary standards
The following may be marketed as seed of a higher voluntary standardβ
(a) cocksfoot, festulolium, hybrid ryegrass, Italian ryegrass, meadow fescue, perennial ryegrass, red clover, red fescue, sainfoin, small timothy, timothy, smooth stalked meadow grass, tall fescue and white clover, where any of these are classified as certified seed (CS);
(b) lucerne, classified either as certified seed of the first generation (CI) or certified seed of the second generation (C2).
The sample taken under paragraph 28(2) for the purpose of Council Directive 66/401/EEC must have the minimum standards set out in the following table.
PART 4 β Oil and fibre
This Part regulates the types of oil and fibre plants in Schedule 1.
Oil and fibre seed must beβ
(a) pre-basic seed;
(b) basic seed;
(c) certified seed;
(d) certified seed, first generation;
(e) certified seed, second generation;
(f) certified seed, third generation; or
(g) commercial seed.
(1) βPre-basic seedβ is seed of a generation prior to basic seedβ
(a) that has been produced by or under the responsibility of the breeder according to well-defined practices for the maintenance of the variety, and
(b) intended to be used for the production of more pre-basic seed, basic seed, or with the breeder's written authorityβ
(i) in the case of black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape or white mustard, CS seed;
(ii) in the case of monoecious hemp or soya bean, C1 or C2 seed;
(iii) in the case of flax or linseed, C1, C2 or C3 seed.
(2) But in relation to a component of a hybrid variety, β pre-basic seed β means seed of a generation prior to basic seed that is intended to be used for the production ofβ
(a) more pre-basic seed;
(b) basic seed; or
(c) with the breeder's written authority, CS seed.
In the case of a non-hybrid variety, basic seed is seedβ
(a) produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety;
(b) intended for the production ofβ
(i) certified seed,
(ii) certified seed, first generation,
(iii) certified seed, second generation; or
(iv) certified seed, third generation.
In the case of an inbred line, basic seed is seed of an inbred line of a hybrid that satisfies the conditions for basic seed.
In the case of a simple hybrid, basic seed is seed intended for the production of hybrids.
Certified seed is seed of black, brown and white mustard, dioecious hemp, sunflower, swede rape or turnip rapeβ
(a) produced directly from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed that satisfies the conditions for basic seed;
(b) intended for purposes other than the production of seed of oil or fibre plants.
Certified seed, first generation is seed of monoecious hemp, flax, linseed or soyaβ
(a) produced directly from basic seed or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed;
(b) intended either for the production ofβ
(i) certified seed, second generation;
(ii) where appropriate, certified seed, third generation; or
(iii) for purposes other than the production of seed of oil or fibre plants.
(1) Certified seed, second generation is seed of flax, linseed, soya or monoecious hemp.
(2) In the case of flax, linseed, soya, it is seedβ
(a) produced directly from basic seed, from certified seed of the first generation or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed; and
(b) intended forβ
(i) purposes other than the production of seed or,
(ii) where appropriate, the production of certified seed, third generation seed.
(3) In the case of monoecious hemp it is seedβ
(a) produced directly from certified seed of the first generation established and officially controlled with a view to the production of certified seed of the second generation; and
(b) intended for the production of hemp to be harvested in flower.
Certified seed, third generation is seed from flax or linseedβ
(a) of direct descent from basic seed, from certified seed of the first or second generation or, if the breeder so requests, from seed of a generation prior to basic seed; and
(b) intended for purposes other than the production of seed.
Commercial seed (black mustard seed only) is seed that is identifiable as belonging to a species.
(1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(5)(A) (a) to (d) of, and Annex I to, Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants , and the crop must satisfy the conditions in that Annex.
(1A) For the purposes of sub-paragraph (1), Council Directive 2002/57/EC is to be read as ifβ
(a) in Article 2(5)(A)(a)(iii), for βofficially licensed by the seed certification authority of the Member State concernedβ there were substituted β licensed by the Welsh Ministers β ;
(b) in Annex 2, in Part 1, in paragraph 5C, the last sub-paragraph were omitted.
(2) The seed produced by the crop must be sampled in accordance with Annex III to that Directive and must satisfy the conditions in Annex II to that Directive.
(3) The crop and the seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.
(4) The crop and seed produced by the crop must comply with the requirements concerning GB quarantine pests, PFA quarantine pests and RNQPs set out in implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.
(1) Seed marketed as a varietal association must comply with this paragraph.
(2) The varietal association must be an association of certified CS seed of a specified pollinator-dependant hybrid variety with certified CS seed of one or more specified pollinator varieties both of which have been accepted on to the GB Variety List .
(3) The seed of the female and male components of a varietal association must have been dressed using seed dressings of different colours.
(4) The seed must be mechanically combined in the proportions jointly determined by the persons responsible for the maintenance of these components.
(5) The proportions must be notified to the Welsh Ministers by the person responsible for the maintenance of the pollinator-dependent hybrid and pollinators within the varietal association.
(6) In this paragraphβ
(a) β pollinator-dependent hybrid β (β hybrid peillydd-ddibynnol β) means the male-sterile component within the varietal association (female component);
(b) β pollinator β (β peillydd β) means a component shedding pollen within a varietal association.
PART 5 β Vegetables
This Part regulates the types of vegetables in Schedule 1.
(1) Vegetable seed must beβ
(a) pre-basic seed;
(b) basic seed;
(c) certified seed; or
(d) standard seed.
(2) The seed may be a mixture of different varieties of the same vegetable species provided that each variety in the mixture is standard seed.
Pre-basic seed is seedβ
(a) produced from a generation prior to pre-basic seed by or under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; and
(b) intended for the production ofβ
(i) more pre-basic seed;
(ii) basic seed; or
(iii) with the breeder's written authority, certified seed.
(1) Basic seed is seedβ
(a) produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety;
(b) intended for the production of certified seed.
(2) For the avoidance of doubt this includes seeds intended as a component of a hybrid variety of vegetable.
Certified seed is seedβ
(a) produced directly from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed that satisfies the conditions for basic seed;
(b) intended mainly for the production of vegetables.
Standard seed is seed that is intended mainly for the production of vegetables and has been approved by the Welsh Ministers as having sufficient varietal purity and varietal identity.
(1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(4)(A) (a) to (d) of, and Annex I to, Council Directive 2002/55/EC on the marketing of vegetable seed , and the crop must satisfy the conditions in that Annex.
(2) The seed produced by the crop must be sampled in accordance with Article 25 (except paragraphs 1a(f) and 1b) of, and Annex III to, that Directive and must satisfy the conditions in Annex II to that Directive.
(2A) For the purposes of sub-paragraphs (1) and (2), Council Directive 2002/55/EC is to be read as ifβ
(a) in Article 2(4)(A)(a)(iii), for βofficially licensed by the seed certification authority of the Member State concernedβ there were substituted β licensed by the Welsh Ministers β ;
(b) in Article 25β
(i) references to βMember Statesβ were references to βWelsh Ministersβ;
(ii) in paragraph 1a(a), for βseed certification authority of the Member State concernedβ there were substituted β Welsh Ministers β .
(3) Sub-paragraph (1) does not apply in the case of standard seed.
(4) The crop and seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.
(4A) The crop and seed produced by the crop must comply with the requirements concerning GB quarantine pests, PFA quarantine pests and RNQPs set out in implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.
(5) After marketing, vegetable seed is subject to control by the Welsh Ministers for varietal identity and varietal purity.
SCHEDULE 3 β Labelling and loose sales
PART 1 β Introduction
(1) There are two types of label for seed, official labels and supplier's labels.
(2) A supplier's label must be used on a package of breeder's seed, and may be used on a small package of seed specified in Part 4 of this Schedule and on a package of standard vegetable seed of any size.
(3) An official label must be used on any other package of seed.
A package must be labelled at the time of sealing.
If a variety has been genetically modified, this must be stated on the label.
If seed has been subjected to any chemical treatment, this fact and the nature of the treatment or the proprietary name of the chemical used must be stated on the label.
PART 2 β Official labels
(1) An official label is a label supplied by the Welsh Ministers.
(2) It must be on the outside of the package.
(3) It must not have been previously used.
(4) It must be adhesive, or secured by a sealing device approved by the Welsh Ministers.
(5) It must be in English, but may also be in other languages .
(6) It must be at least 110 mm x 67 mm.
(7) It must have a unique number.
(8) It must be fixed to the package by an authorised officer of the Welsh Ministers, a licensed seed sampler or any person being supervised by such a person.
(9) By way of derogation from the above, in the case of cereal seed, fodder seed and oil and fibre seed, classified in each case as CS, C1, C2 or C3, the whole bag may be used as the label, provided that this is done with the approval of the Welsh Ministers and the bag is the same colour as is required for the label.
(1) The following must appear on an official label on pre-basic seedβ
(a) the name and country or country initials of the certification authority;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) the reference number of the seed lot;
(d) the country of production;
(e) the month and year of sealing expressed as βsealed ...β (month and year);
(f) the species (this must be the botanical name, which may be given in abridged form and without the authorities' names, except that, in the case of beet or vegetable seed, the common name may be used);
(g) the variety;
(h) the description βpre-basicβ or βPBβ;
(i) the declared net or gross weight or number of seeds (or, in the case of beet, the declared number of clusters or pure seed);
(j) where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and the approximate ratio between the weight of the seed and the total weight (or, in the case of beet, the ratio between the weight of pure seed and the total weight);
(k) the number of generations preceding the category βcertified seed (CS) β or βcertified first generation (C1) seedβ.
(2) The label must be white with a diagonal violet stripe.
(1) The following must appear on an official label on certified seedβ
(a) the words β GB Rules and standardsβ;
(b) the name and country or country initials of the certification authority;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) the reference number of the seed lot;
(e) eitherβ
(i) the month and year of sealing expressed as βsealed ...β (month and year); or
(ii) the month and year of the last official sampling for the purposes of certification expressed as βsampled ...β (month and year);
(f) the species (this must be the botanical name, either in full or in abridged form except that, in the case of beet or vegetable seed, the common name may be used);
(g) the variety;
(h) the category;
(i) the country of production;
(j) the declared net or gross weight or number of seeds or in the case of beet the declared number of clusters of pure seed;
(k) where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and the approximate ratio between the weight of the seed and the total weight (or, in the case of beet, the ratio between the weight of pure seed and the total weight);
(l) where the germination has been retested the word βretestedβ followed by the month and year of re-testing.
(2) The label must be colouredβ
(a) white for basic seed;
(b) blue for certified seed and certified seed of the first generation;
(c) red for certified seed of the second and third generation.
(1) The following must appear on an official label on commercial seed not certified as to varietyβ
(a) the words β GB Rules and standardsβ;
(b) the name and country or country initials of the certification authority;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) the reference number of the seed lot;
(e) eitherβ
(i) the month and year of sealing expressed as βsealed ...β (month and year); or
(ii) the month and year of the last official sampling for the purposes of certification expressed as βsampled ...β (month and year);
(f) the species (this must be the botanical name, either in full or in abridged form except that, in the case of beet or vegetable seed, the common name may be used);
(g) the words βcommercial seed not certified as to varietyβ;
(h) the country or region of production;
(i) the declared net or gross weight or number of seeds;
(j) where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and the approximate ratio between the weight of the seed and the total weight;
(k) where the germination has been retested the word βretestedβ followed by the month and year of re-testing.
(2) The label must be coloured brown.
(1) The following must appear on an official label on a mixture of seedβ
(a) the name and country or country initials of the authority responsible for sealing the package;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) the reference number of the seed lot;
(d) the month and year of sealing expressed as βsealed . . . .β (month and year);
(e) the species, category, variety, country of production and proportion by weight of each of the components;
(f) the declared net or gross weight, or declared number of seeds;
(g) where the weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and the approximate ratio between the weight of the pure seed and the total weight;
(h) where the germination of all the components of the mixture has been retested, the word βretestedβ followed by the month and year of re-testing;
(i) in the case of cereals the words βmixture ofβ followed by the species and varieties and a qualifying statement that the mixture is effective against the propagation of a harmful organism;
(j) in the case of fodder plants the words βmixture of seeds forβ followed by an indication of the intended use.
(2) But for fodder mixtures registered with the Welsh Ministers, provided the label shows the registered name of the mixture, the percentage by weight of each of the components may be omitted provided thatβ
(a) this information is supplied to the customer on request, and
(b) customers are informed that they can request these details.
(3) The label must be coloured green.
PART 3 β Additional requirements for official labels for specific species
The following requirements for specific species are in addition to the requirements in Part 2.
An official label for beet seed must specifyβ
(a) βmonogermβ or βprecisionβ as appropriate;
(b) βfodder beetβ or βsugar beetβ as appropriate.
(1) An official label for C1 and C2 naked barley must include the words βminimum germination capacity 75%β.
(2) An official label for basic cereal seed of varieties that are hybrids or inbred lines must includeβ
(a) for basic seed where the hybrid or inbred line to which the seed belongs has been accepted on to the GB Variety List , the name under which it has been officially accepted, with or without reference to the final variety, and if the seed is intended solely as a component for final varieties the word βcomponentβ;
(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 βcomponentβ.
(3) An official label for certified cereal seed (CS, C1 or C2) of varieties that are hybrids or inbred lines must include the word βhybridβ after the variety.
(4) Where seed is marketed as being of the higher voluntary standard the label must contain the letters βHVSβ.
An official label for fodder seed must includeβ
(a) for certified seed, second and subsequent generations, the number of generations after basic seed;
(b) in the case of seed of grass varieties in respect of which no official examination of their value for cultivation and use has been carried out the words βNot intended for fodder productionβ;
(c) where seed is marketed at the higher voluntary standard the letters βHVSβ.
(1) An official label for basic oil and fibre seed of varieties that are hybrids or inbred lines must includeβ
(a) for basic seed where the hybrid or inbred line to which the seed belongs has been officially accepted on to the GB Variety List , the name under which it has been officially accepted, with or without reference to the final variety, and if the seed is intended solely as a component for final varieties the word βcomponentβ;
(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 βcomponentβ.
(2) An official label for certified oil and fibre seed (CS, C1 or C2) of varieties that are hybrids or inbred lines must include the word βhybridβ after the variety.
(3) An official label for certified seed of a varietal association must be blue with a diagonal green line.
PART 4 β Supplier's labels
A supplier's label is a label that has not been provided by the Welsh Ministers.
A supplier's label must either be attached to the package in the same way as an official label or printed indelibly on the package.
In this Part references to the weight exclude any granulated pesticides, pelleting substances or other solid additives.
(1) The following must appear on a supplier's label on a package of breeder's seedβ
(a) the name, address and registration number of the supplier responsible for attaching the label;
(b) the reference number of the seed lot;
(c) the species;
(d) the variety;
(e) the words βbreeder's seedβ;
(f) the declared net or gross weight or number of seeds.
(2) The label must be buff-coloured.
(1) A supplier's label may be used on a small package of beet seed.
(2) A small package of beet seed (known as a β small ... package β (β pecyn ... bach β)) is a package thatβ
(a) in the case of basic and certified beet seed of precision or monogerm varieties, either weighs not more than 2.5 kg or consists of not more than 100,000 clusters;
(b) for all other beet seed weighs not more than 10kg.
(3) The label must be the same colour as the official label for that category of seed.
(4) The following must appear on the labelβ
(a) the words βSmall ... packageβ;
(b) the name, address and identification number of the person affixing the label;
(c) the serial number;
(d) the service that assigned the serial number;
(e) the name or initials of the country of production ;
(f) the reference number if the official serial number does not enable the lot to be identified;
(g) the species;
(h) either βsugar beetβ or βfodder beetβ as appropriate;
(i) the variety;
(j) the category;
(k) the net or gross weight or number of clusters or pure seeds;
(l) 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 clusters or pure seeds and the total weight;
(m) either βmonogermβ or βprecisionβ as appropriate.
(1) A supplier's label may be used on a small package of cereal seed.
(2) A small package of cereal seed is a package of any certified seed, or any mixture of certified seed, not exceeding 15kg.
(3) The label must be the same colour as the official label for that category of seed.
(4) The following must appear on the labelβ
(a) the words β GB rules and standardsβ;
(b) the name, address and registration number of the supplier responsible for affixing the label;
(c) the reference number of the seed lot;
(d) the species;
(e) the variety;
(f) the category;
(g) the declared net weight or declared number of seeds;
(h) for hybrid varieties of maize, the word βhybridβ;
(i) in the case of C1 and C2 seed of naked barley, the words βminimum germination capacity 75%β.
Sch 3 para 21Fodder seed (agricultural or amenity): packages that may be labelled with a supplier's labelOpen β
(1) A supplier's label may be used on a small package of fodder seed, either agricultural or amenity (including a mixture of fodder seed).
(2) A small package of fodder seed is either a small ... 'A' package or a small ... 'B' package.
(3) A small ... 'A' package is a package containing a mixture of seed not intended for the production of fodder plants, with a net weight not exceeding 2 kg.
(4) A small ... 'B' package is a package containingβ
(a) basic seed,
(b) certified seed (CS, C1 or C2),
(c) commercial seed, or
(d) (unless the package is a small ... 'A' package) a mixture of seed,
with a net weight not exceeding 10 kg.
(1) A supplier's label on a small package of fodder seed (other than a preservation mixture, for which see paragraph 23) must be the same colour as the official label for that category of seed.
(2) The following must appear on the labelβ
(a) the words βsmall ... 'B' packageβ;
(b) the name and the address or identification number of the person affixing the label;
(c) the serial number;
(d) the reference number if the serial number does not enable the seed lot to be identified;
(e) the species;
(f) the net or gross weight of pure seed or the number of pure seeds;
(g) where 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;
(h) in the case of certified seedβ
(i) the variety;
(ii) the category;
(iii) for grass seed of a variety for which an examination of its value for cultivation and use is not required the words βnot intended for the production of fodder plantsβ;
(i) in the case of commercial seed the words βcommercial seedβ.
(1) A supplier's label on small package of a mixture of fodder seed must be the same colour as the official label for that category of seed.
(2) The following must appear on the labelβ
(a) words βsmall ... 'A' packageβ or βsmall ... 'B' packageβ as appropriate;
(b) the name, address and identification number of the person affixing the label;
(c) for a small ... 'A' packageβ
(i) the reference number enabling the seed lots used in the mixture to be identified;
(ii) the name or initials of the country of production ;
(d) for a small ... 'B' packageβ
(i) the officially assigned serial number;
(ii) the person that assigned the serial number;
(iii) the name or initials of the country of production ;
(iv) the reference number if the official serial number does not enable the used seed lots to be identified;
(e) the words βSeed-mixture for ... (intended use)β;
(f) the net or gross weight or number of pure seeds;
(g) where 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;
(h) the percentage by weight of the various components shown by species and, where appropriate, by variety.
(3) But for mixtures registered with the Welsh Ministers, provided the label shows the registered name of the mixture, the percentage by weight of each of the components may be omitted provided thatβ
(a) this information is supplied to the customer on request; and
(b) customers are informed that they can request these details.
(1) A supplier's label may be used on a small package of oil and fibre seed.
(2) A small package of oil and fibre seed is a package of any certified or commercial oil and fibre seed that does not weigh more than 15 kg.
(3) The label must be the same colour as the official label for that category of seed.
(4) The following must appear on the labelβ
(a) the words β GB Rules and standardsβ;
(b) the name, address and registration number of the supplier responsible for affixing the label;
(c) the reference number of the seed lot;
(d) the species (this must be the botanical name, either in full or in abridged form);
(e) the variety;
(f) for certified seed, the category;
(g) for commercial seed the words βcommercial seed (not certified as to variety)β;
(h) the declared net or gross weight of clusters of pure seeds (except for packages not exceeding 500 grams);
(i) where 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.
(1) A supplier's label may be used onβ
(a) a package of standard vegetable seed, no matter what the weight;
(b) a small package of certified (CS) vegetable seed; and
(c) a small package of mixtures of standard vegetable seed of different varieties of the same species.
(2) A small package is a package of seed that weighs no more thanβ
(a) for legumes, 5 kg;
(b) for asparagus, beetroot, carrot, chard or spinach beet, gourd, marrow, onion, radish, spinach or turnip, 500 grams;
(c) for any other vegetable species, 100 grams.
(3) The label must be coloured dark yellow for standard seed or blue for certified seed.
(4) The following must appear on the label on a package of standard seed (other than a mixture of different varieties of standard seed of the same species) and certified seedβ
(a) the words β GB rules and standardsβ;
(b) the name, address and identification number of the person affixing the label;
(c) the marketing year of the sealing or of the last examination of germination (the end of the marketing year may be indicated);
(d) the species;
(e) the variety;
(f) the category: in the case of small packages, certified seed may be marked with the letter 'C' or 'Z' and standard seed with the letters 'ST';
(g) in the case of standard seed, the reference number given by the person responsible for affixing the labels;
(h) in the case of certified seed the reference number enabling the certified lot to be identified;
(i) the declared net or gross weight or declared number of seeds, except for small packages of up to 500 grams;
(j) 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 clusters or pure seeds and the total weight.
(5) The following must appear on the label on a package of a mixture of different varieties of standard seed of the same speciesβ
(a) the words β GB rules and standardsβ;
(b) the name and address or identification number of the person affixing the label;
(c) the year of sealing expressed as βsealed...[year]β or the year of the last sampling for the purposes of the last testing of germination expressed as βsampled...[year]β (the words βuse before...[date]β may be added);
(d) the words βmixture of varieties of...[name of the species]β;
(e) the varieties;
(f) the proportion of the varieties, expressed as net weight or as the number of seeds;
(g) the reference number given by the person responsible for affixing the labels;
(h) the net or gross weight or the number of seeds;
(i) 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 clusters or pure seeds and the total weight.
PART 5 β Sales of loose seed
(1) Loose (unpackaged) seed may be sold in accordance with this paragraph.
(2) The maximum quantity that may be sold isβ
(a) for fodder seedβ
(i) 3 kg in the case of field beans and field peas;
(ii) 2 kg in the case of all other fodder seed;
(iii) 7 kg in the case of a mixture of seed;
(b) for cereal seed, 5 kg;
(c) for beet seed, 2.5 kg;
(d) for oil and fibre seed, 5 kg;
(e) for vegetable seedβ
(i) 3 kg in the case of legumes;
(ii) 1 kg in the case of all other vegetable seed.
(3) The sale must be to the final consumer, and the information that would have been required on a package of that seed must be displayed near the point of sale.
SCHEDULE 4 β Exceptions
PART 1 β Supply of seed other than by way of marketing
(1) Seed of an unlisted variety may be supplied by a person licensed to market seed for multiplication for progression through the different generation categories of seed.
(2) Each generation of seed supplied must have reached the standard required for certification.
(3) The seed produced must remain the property of the licensed person, and may not be marketed.
Seed as grown may be sent by the grower for cleaning prior to certification, and to a testing or inspection body for the purposes of certification.
Farm-saved seed may only be used by the person who grew it, and may not be marketed or supplied to any other person, but it may be sent for cleaning provided that the person who cleans it returns all the seed to the holding where it was grown.
PART 2 β Marketing seed that does not comply with Schedule 2
(1) Pre-basic and basic seed with a minimum percentage germination standard lower than required in these Regulations relating to that seed specified in Schedule 2 may be marketed provided that the supplier guarantees a specific minimum percentage germination.
(2) The germination must be stated on the official label together with the supplier's name and address and the reference number of the seed lot.
(1) To ensure the early availability of seed, pre-basic, basic and certified seed may be marketed before the official germination result has been received ifβ
(a) a seed test report has been issued under these Regulations, indicating that the seed has achieved the required minimum analytical purity standard set out in the Directive relating to that seed specified in Schedule 2, and
(b) the supplier guarantees the minimum germination for that seed.
(2) This paragraph does not apply in the case of seed imported into the United Kingdom .
Cereal seed may be marketed if it has been subjected to a tetrazolium test approved by the Welsh Ministers to establish the viability of the seed instead of the tests specified in these Regulations on the marketing of cereal seed.
(1) The Welsh Ministers may authorise the marketing of seed of a conservation variety in accordance with this paragraph.
(2) The seed must be of a variety listed as a conservation variety in the GB Variety List.
(3) The seed must be produced from a crop grown in the region of origin specified for the variety in the GB Variety List or as authorised by the Welsh Ministers.
(4) The seed may only be marketed and used in the stated region of origin.
(5) The total amount of seed marketed in any year must be limited in accordance with Article 14 of Commission Directive 2008/62/EC (which relates to agricultural conservation varieties) and Article 15 of and Annex I to Commission Directive 2009/145/EC (which relates to vegetable conservation varieties).
(5A) For the purposes of sub-paragraph (5)β
(a) Article 14 of Commission Directive 2008/62/EC is to be read as ifβ
(i) in the first paragraphβ
(aa) the words βEach Member State shall ensure that, β were omitted;
(bb) for the reference to βthat Member Stateβ there were substituted βGreat Britainβ ;
(ii) in the second paragraphβ
(aa) the words βin each Member Stateβ were omitted;
(bb) for the references to βthe Member Stateβ, in both places where it occurs, there were substituted βGreat Britainβ ;
(b) Article 15 of Commission Directive 2009/145/EC is to be read as ifβ
(i) the words βEach Member State shall ensure that,β were omitted;
(ii) for βdoesβ there were substituted β must β .
(6) Except in the case of seed of a vegetable conservation variety which is verified as standard seed, the seed must descend from seed produced according to well-defined practices for maintenance of the variety.
(7) In the case of beet seed, cereal seed, fodder plant seed and oil and fibre seed, the seed must comply with the requirements for certification of certified seed set out in these Regulations , except the requirements in respect of minimal varietal purity and examination.
(8) Vegetable seed must comply withβ
(a) the requirements for certification of certified seed set out in Schedule 2 , except the requirements in respect of minimal varietal purity and examination; or
(b) the requirements for marketing of standard seed set out in these Regulations , except the requirements in respect of minimal varietal purity.
(9) Seed of a conservation variety must have sufficient varietal purity.
(10) The seed must not be sold as loose seed under paragraph 26 of Schedule 3.
(11) The seed must be labelled with a supplier's label or a printed or stamped notice which, in addition to complying with the applicable provisions of the paragraph of Part 4 of Schedule 3 which applies to the type of seed in question (except provisions specifying a colour of label)β
(a) containsβ
(i) in the case of an agricultural conservation variety, the words βconservation varietyβ, or
(ii) in the case of a vegetable conservation variety, the words βcertified seed of a conservation varietyβ or βstandard seed of a conservation varietyβ;
(b) states the region of origin; and
(c) is coloured brown.
(12) In this paragraph β conservation variety β (β amrywogaeth gadwraeth β) has the meaning given by regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001 .
(1) The Welsh Ministers may authorise the marketing of preservation mixtures in accordance with this paragraph.
(2) An application for an authorisation must be made by the producer and must containβ
(a) the information listed in Article 4(2) of Commission Directive 2010/60/EU, as read with Article 4(3) of that Directive, and
(b) such other information as the Welsh Ministers may require to verify compliance with Article 5 of that Directive (in the case of directly harvested preservation mixtures) and Article 6 of that Directive (in the case of crop-grown preservation mixtures).
(3) An authorisationβ
(a) may only be granted if the preservation mixture complies with Article 5 of Commission Directive 2010/60/EU (in the case of a directly harvested preservation mixture) or Article 6 of that Directive (in the case of a crop-grown preservation mixture),
(b) may only be granted for the marketing of a preservation mixture in its region of origin as determined by the Welsh Ministers having taken account of any available information from plant genetic resource organisations ,
(c) may only be granted for a preservation mixture that contains a conservation variety if that variety complies with the requirements of paragraph 7, sub-paragraphs (1) to (7), (9) and (10); and
(d) must specify the matters listed in Article 4(2) of Commission Directive 2010/60/EU, as read with Article 4(3) of that Directive.
(4) The seed must be labelled with a pink supplier's label or a printed or stamped notice which, instead of containing the labelling information for mixtures of seed set out in Schedule 3, contains the following informationβ
(a) the words β GB rules and standardsβ;
(b) the name and address, or the identification mark, of the person affixing the labels;
(c) the harvesting method;
(d) the year of sealing expressed as βsealed...β (year);
(e) the region of origin;
(f) the source area;
(g) the collection site;
(h) the habitat type of the collection site;
(i) the words βpreservation seed mixtureβ;
(j) the reference number of the lot given by the person affixing the labels;
(k) in the case of crop-grown preservation mixturesβ
(i) the percentage by weight of the components as species and, where relevant, sub-species;
(ii) the specific germination rate for the fodder seed components of the mixture that do not comply with the germination requirements set out in paragraph 28(2) of Schedule 2 (unless the mixture contains more than five such fodder seed components, in which case the average germination rate for those components may be used);
(l) in the case of directly-harvested preservation mixtures, the percentage by weight of those components as species and, where relevant, sub-species that are typical for the habitat type of the collection site and that are, as components of the mixture, of importance for the preservation of the natural environment in the context of the conservation of genetic resources;
(m) declared net or gross weight; and
(n) where 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 clusters or pure seeds and the total weight.
(5) The total quantity of the seed authorised to be marketed each year must not exceed 5% of the total weight of fodder seed mixtures marketed in the United Kingdom in the same year.
(6) In this paragraph β conservation variety β (β amrywogaeth gadwraeth β) has the meaning given by regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001.
(7) Expressions used both in this paragraph and Commission Directive 2010/60/EU have subject to sub-paragraph (8) the same meaning in this paragraph as they have in that Directive.
(8) For the purposes of this paragraph, Article 1(a) of Commission Directive 2010/60/EU is to be read as if the definition of βsource areaβ contained in that Article defined it to mean an area designated as a special area of conservation or an area contributing to the conservation of plant genetic resources in accordance with retained EU law.
(1) The Welsh Ministers may authorise the marketing of seed for which an application for entry in the GB Variety List has been submitted but not yet granted.
(2) This paragraph does not apply in relation to vegetable seed (for which see the following paragraph).
(3) An applicant must be a producer established in Wales.
(4) An authorisation is valid for one year and is renewable.
(5) An authorisation becomes invalid once the variety is added to the GB Variety List or the application to be listed is withdrawn or rejected.
(6) The authorisation may only be requested by the person who has submitted an application for entry of the varieties concerned in the GB Variety List.
(7) An authorisation may only be granted for tests or trials carried out at agricultural enterprises to gather information on the cultivation or use of the variety.
(8) The quantities authorised for each variety must not exceed the following percentages of seed of the same species used annually in Great Britain β
(a) in the case of durum wheat: 0.05 %,
(b) in the case of field pea, field bean, oats, barley and wheat: 0.3 %,
(c) in all other cases: 0.1 %,
except that, if such quantities are not sufficient to sow 10 hectares, the quantity needed for such an area may be authorised.
(9) Fodder seed must comply with the conditions forβ
(a) certified seed (all species other than field peas and field beans); or
(b) certified seed, second generation (field peas and field beans).
(10) Cereal seed must comply with the conditions forβ
(a) certified seed (rye, maize and hybrids of oats and red oats, barley, wheat, durum wheat, spelt wheat and triticale other than self-pollinating varieties); or
(b) certified seed, second generation oats and red oats, barley, wheat, durum wheat, spelt wheat and self-pollinating varieties of triticale, other than hybrids in each case.
(11) Beet seed must comply with the conditions for certified seed.
(12) Seed of oil and fibre plants must comply with the conditions forβ
(a) certified seed (all species other than flax and linseed);
(b) certified seed, second and third generation (flax and linseed).
(13) The package must be labelled with an orange label which must include the words βvariety not yet officially listed; for tests and trials onlyβ and, where applicable βgenetically modified varietyβ in addition to the other labelling requirements in these Regulations.
(1) For the purpose of gaining knowledge and practical experience of a variety during cultivation, the Welsh Ministers may authorise the marketing of vegetable seed not listed on the GB Variety List provided an application has been made for entry into the GB Variety List or the NI Variety List .
(2) An authorisation is valid for one year and is renewable twice for a period not exceeding one year at each renewal.
(3) There are no quantitative restrictions on the amount that may be authorised.
(4) The authorisation may only be requested by the person who has submitted an application for entry of the varieties concerned on to the GB Variety List or the NI Variety List .
(5) The package must have an orange label and include the words βVariety not yet officially listedβ in addition to the other labelling requirements of these Regulations (except that the name of the certifying authority and the country of origin need not appear).
(6) The person marketing the seed mustβ
(a) retain a sample of each seed lot marketed and keep it for at least two years;
(b) record for each sale the name and address of the buyer and keep the record for at least three years.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Welsh Ministers may authorise a producer to place on the market small quantities of seed (other than vegetable seed) for scientific or selection purposes.
(2) The Welsh Ministers may grant an authorisation whether or not the variety is listed on the GB Variety List .
(3) An applicant for authorisation must be a producer established in Wales.
(4) The package must have an orange label and include the words βVariety not yet officially listedβ (if this is the case) in addition to the other labelling requirements of these Regulations.
(5) The person marketing the seed mustβ
(a) retain a sample of each seed lot marketed and keep it for at least two years;
(b) record for each sale the name and address of the buyer and keep the record for at least three years.
(1) The Welsh Ministers may only grant an authorisation in respect of seed of a genetically modified variety under paragraphs 8 to 11 if the marketing and release of the genetically modified material by the applicant have ...β
(a) before the day on which implementation period completion day falls, been authorised under Directive 2001/18/EC of the European Parliament and of the Council (on the deliberate release into the environment of genetically modified organisms ), ...
(b) been authorised under Regulation (EC) No 1829/2003 (on genetically modified food and feed ) , or
(c) been authorised under the GMO Regulations.
(2) For the purpose of paragraph (1), β the GMO Regulations β meansβ
(a) in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;
(b) in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002;
(c) in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002;
(d) in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003.
(1) Seed certified in a country granted equivalence may be marketed as meeting a higher voluntary standard in accordance with this paragraph.
(2) A sample must be submitted to the Welsh Ministers for testing, and the Welsh Ministers, if satisfied that the sample meets the higher voluntary standard, must issue a certificate confirming this.
(3) The seed must be re-labelled usingβ
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) an OECD label ...,
and ... the country of production must be stated on the label.
(4) Seed imported pending inclusion in the United Kingdom National List or not finally certified in the country of production may be verified as being of a higher voluntary standard and re-graded after listing or final certification.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Welsh Ministers may authorise the marketing of seed of an amateur vegetable variety in accordance with this paragraph.
(2) The seed must be of a variety listed as an amateur vegetable variety in the United Kingdom National List.
(3) The seed must comply with the requirements for marketing of standard seed set out in these Regulations , except the requirements in respect of minimal varietal purity.
(4) The seed must have sufficient varietal purity.
(5) The seed must be marketed in small packages not exceeding the net weight specified in Annex II to Commission Directive 2009/145/EC (which relates to amateur vegetable varieties).
(6) The seed must be labelled with a supplier's label or a printed or stamped notice which, in addition to complying with the applicable provisions of paragraph 25 of Schedule 3, contains the words βamateur varietyβ.
(7) In this regulation β amateur vegetable variety β (β amrywogaeth llysiau amatur β) has the meaning given by regulation 5A(5) of the Seeds (National Lists of Varieties) Regulations 2001 .
PART 3 β Certifying seed that does not fully comply with these Regulations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Seed harvested in a country granted equivalence may be certified ifβ
(a) it has been produced directly fromβ
(i) basic seed or certified seed of the first generation certified either in the United Kingdom, a Crown Dependency (provided such seed has been produced under legislation recognised by the Welsh Ministers to have equivalent effect to these Regulations) or a country granted equivalence ; or
(ii) the crossing of basic seed officially certified in the United Kingdom or a Crown Dependency (provided such seed has been produced under legislation recognised by the Welsh Ministers to have equivalent effect to these Regulations) with basic seed certified in a country granted equivalence;
(b) it has undergone field inspection in accordance with Council Decision 2003/17/EC ;
(c) examination has shown that the conditions for seed of that category are satisfied;
(d) it is accompanied by a certificate from the competent authority of the country of origin certifying its status.
(2) The label must be grey.
The Welsh Ministers may grant a marketing extension allowing an extended period for the certification and marketing of seed of a variety that has been deleted from the GB Variety List .
Cite this legislation
- Official citation
- S.I. 2012/245 (W.)
- Source
- legislation.gov.uk
- Data synced
- Licence
- OGL-3 β
The Seed Marketing (Wales) Regulations 2012 (legislation.gov.uk, OGL-3). Retrieved via LawPlayer, https://lawplayer.com/uk/act/wsi-2012-245
This text is synced from legislation.gov.uk. In case of any discrepancy, the official version prevails.
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Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).