Fodder Plant Seed (England) Regulations 2002
2002 No. 3172
SEEDS, ENGLAND
The Fodder Plant Seed (England) Regulations 2002
Made 18th December 2002
Laid before Parliament 20th December 2002
Coming into force 31th January 2003
The Secretary of State in exercise of the powers conferred on her by sections 16(1), (1A), (2), (3), (4), (5) and (5A) and 36 of the Plant Varieties and Seeds Act 19641after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to her to be concerned, hereby makes the following Regulations:
PART I
GENERAL
Title, extent and commencement
1. These Regulations may be cited as the Fodder Plant Seed (England) Regulations 2002, shall extend to England and shall come into force on 31st January 2003.
General interpretation
2.—(1) In these Regulations—
“the Act” means the Plant Varieties and Seeds Act 1964;
“Annex V(C) document” means an official document of the type specified in the second indented sub-paragraph of Article 15(2) of the Fodder Plant Seed Directive containing the particulars specified in Part C of Annex V to the Directive;
“another member State” means an EEA State other than the United Kingdom;
“approved seed certification authority” means an authority specified in column 2 of the table set out in Part I of the Annex to the Third Country Equivalence Decision;
“authorised officer” means an officer authorised for the purposes of these Regulations by the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;
“blended seed lot” means a seed lot obtained by blending seed where the seed that goes into the blend is—
(a) of the same variety;
(b) has come from different sources; and
(c) either—
(i) has been officially certified;
(ii) has not been officially certified but has been harvested from a seed crop for which a field inspection report has been issued showing that the crop met the Directive crop conditions for the relevant category of seed; or
(iii) is made up of seed that has been officially certified and seed that has not but for which a field inspection report of the type specified in sub-paragraph (ii) has been issued;
“breeder”—
(a) in relation to a variety that has not been entered in a National List or the Common Catalogue, includes any person lawfully multiplying (on his own account) seed bred by another, and
(b) in relation to a variety that has been so entered, means the maintainer of the variety;
“breeder’s seed” means seed which has been produced by or under the responsibility of the breeder and which is intended for the production of pre-basic or basic seed;
“Common Catalogue” means the Common Catalogue of varieties of species of agricultural plants published in the Official Journal of the European Communities;
“the Common Catalogue Directive” means Council Directive 2002/53/EC2on the common catalogue of varieties of agricultural plant species;
“component” means a component of a hybrid variety;
“control plot” means a plot sown with seed from an official sample of seed from a seed lot (whether the official sample of the seed submitted with an application made under regulation 6(1) or another official sample of the seed);
“Department of Agriculture and Rural Development” means the Department of Agriculture and Rural Development in Northern Ireland;
“Directive crop conditions” means the conditions laid down in Annex I to the Fodder Plant Seed Directive;
“Directive seed conditions” means the conditions laid down in Annex II to the Fodder Plant Seed Directive;
“the EC minimum percentage of germination” means the appropriate percentage of germination specified in column 2 of the table in paragraph 14 of Schedule 4;
“EEA State” means a State that is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 19923as adjusted by the Protocol signed at Brussels on 17th March 19934;
“entered seed lot” means a seed lot in respect of which an application has been made under regulation 6 in accordance with regulation 6(2)(a), (b)(i) and (c);
“equivalent third country” means a country specified in column 1 of the table set out in Part I of the Annex to the Third Country Equivalence Decision;
“the Fodder Plant Seed Directive” means Council Directive 66/401/EEC5on the marketing of fodder plant seed as last amended by Council Directive 2001/64/EC6;
“genetically modified” has the same meaning as for the purposes of Council Directive 2001/18/EC7on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC;
“germination condition” means the condition in paragraph 14 of Schedule 4;
“Higher Voluntary Standards” means the standards specified in Schedule 4 as being HVS standards and the abbreviation “HVS” shall be construed accordingly;
“an HVS species of seed” means seed of any of the following species—
(a) cocksfoot;
(b) festulolium;
(c) hybrid ryegrass;
(d) Italian ryegrass;
(e) lucerne;
(f) meadow fescue;
(g) perennial ryegrass;
(h) red clover;
(i) red fescue;
(j) sainfoin;
(k) small Timothy;
(l) smooth-stalked meadowgrass;
(m) tall fescue;
(n) Timothy; and
(o) white clover;
“homogeneous seed lot” means a seed lot that has been subject to appropriate mixing and blending techniques so that the seed in the lot is as uniform as practicable;
“ISTA” means the International Seed Testing Association;
“late entered seed lot” means a seed lot in respect of which an application has been made under regulation 6(1) in accordance with regulation 6(2)(a), (b)(ii) and (c);
“licensed crop inspector” means a person who has been granted a licence under regulation 11 of the Seed (Registration, Licensing and Enforcement) (England) Regulations 20028or by the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development under provisions equivalent to that regulation;
“licensed EC crop inspector” means a person authorised by a competent seed certification authority in another member State, pursuant to Article 2(3)(i)(c) of the Fodder Plant Seed Directive, to carry out field inspections of crops in that member State;
“licensed EC seed testing station” means a seed testing laboratory authorised by the competent seed certification authority in another member State, pursuant to Article 3 of Commission Decision 98/320/EC9on the organisation of a temporary experiment on seed sampling and seed testing pursuant to Council Directives 66/400/EEC, 66/401/EEC, 66/402/EECand 69/208/EECas last amended by Commission Decision 2002/280/EC10, to carry out seed testing in that member State;
“licensed seed sampler” means a person who has been granted a licence under regulation 18 of the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002 or by the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development under provisions equivalent to that regulation;
“licensed seed testing station” means a laboratory in respect of which a licence has been granted under regulation 25 of the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002 or by the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development under provisions equivalent to that regulation;
“licensed third country crop inspector” means a person authorised by an approved seed certification authority in an equivalent third country pursuant to—
(a) in the case of fine grasses, fodder grasses, small seeded legumes and large seeded legumes, the OECD Grass and Legume Seed Scheme, and
(b) in the case of crucifers, the OECD Crucifer and Oil and Fibre Seed Scheme;
to carry out field inspections of crops in that country;
“licensed third country seed testing station” means a seed testing laboratory authorised by the approved seed certification authority in an equivalent third country, pursuant to the provisions of the second paragraph of Article 2(4) of, and Annex V to, the OECD Decision, to carry out seed testing in that country;
“listed variety” means a plant variety that is entered in a National List or the Common Catalogue;
“listing” means the entry of a variety on a National List or the Common Catalogue and “listed” shall be construed accordingly;
“maintainer” means a person who is indicated in a National List or in the Common Catalogue as responsible for maintaining a plant variety in accordance with the characteristics to which regard was had when the plant variety was entered in the List or the Common Catalogue;
“marketing extension” means an extension granted by the Secretary of State, the Scottish Ministers, the National Assembly for Wales, the Department of Agriculture and Rural Development or the competent seed certification authority in another member State pursuant to Article 15 of the Common Catalogue Directive allowing an extended period for the certification and marketing of seed of a variety that has been deleted from its catalogue and the Common Catalogue;
“member State” means an EEA State;
“a National List” means a list of varieties of fodder species for the time being published in accordance with the Seeds (National Lists of Varieties) Regulations 200111;
“a non-fodder grass variety” means a variety that has not been examined for value for cultivation and use;
“OECD” means the Organisation for Economic Co-operation and Development;
“OECD Certificate” means a certificate issued by or on behalf of an approved seed certification authority in an equivalent third country under—
(a) in the case of fine grasses, fodder grasses, small seeded legumes and large seeded legumes, the OECD Grass and Legume Seed Scheme, and
(b) in the case of crucifers, the OECD Crucifer and Oil and Fibre Seed Scheme;
“OECD Crucifer and Oil and Fibre Seed Scheme” means the OECD Scheme for the varietal certification of crucifer seed...
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