Cereal Seeds Regulations 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/2005 |
| Year | 1993 |
1993No. 2005
SEEDS
The Cereal Seeds Regulations 1993
2ndAugust1993
11thAugust1993
1stSeptember1993
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 16(1), (1A), (2), (3), (4), (5) and (8), 17(1), (2), (3) and (4) and 36 of the Plant Varieties and Seeds Act 1964( a) and now vested in them( b) and of all other powers enabling them in that behalf, after consultation in accordance with the said section 16(1) with representatives of such interests as appear to them to be concerned, hereby make the following Regulations:-
Title, extent and commencement
1. These Regulations may be cited as the Cereal Seeds Regulations 1993, shall apply to Great Britain and shall come into operation on 1st September 1993.
Revocation of previous regulations
2. The Cereal Seeds Regulations 1985( c), the Cereal Seeds (Amendment) Regulations 1987( d) and the Cereal Seeds (Amendment) Regulations 1989( e) are hereby revoked.
Interpretation
3.-(1) In these Regulations, unless the context otherwise requires-
(a) 1964 c.14; section 16 was amended by the European Communities Act 1972 (c.68), section 4(1) and paragraph 5(1), (2) and (3) of Schedule 4. See section 38(1) for a definition of "the Ministers".
(b) In the case of the Secretary of State for Wales by virtue of S.I. 1978/272. See section 38(1) for a definition of 'the Minister'.
(c) S.I. 1985/976.
(d) S.I. 1987/1091.
(e) S.I. 1989/1311.
"the Act" means the Plant Varieties and Seeds Act 1964;
"Common Catalogue" means the Common Catalogue of varieties of kinds of agricultural plants published in the Official Journal of the European Communities;
"Higher Voluntary Standard" means the standards for wheat, durum wheat, spelt wheat, barley and oats which-
(a) are higher than the minimum standards prescribed for Basic Seed, Certified Seed of the First Generation and Certified Seed of the Second Generation, and
(b) are specified in Schedule 4,
being the standards and the level in respect of which an official certificate has been issued in accordance with Schedule 2;
"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 thecharacteristics to which regard was had when the plant variety was entered in the Listor the Common Catalogue;
"marketing" includes the offer for sale, exposure for sale, sale and possession with aview to sale of seeds and any transaction in the course of business-
(a) under which the property in seeds is transferred from one person to another,or
(b) under which the seeds are made over by one person to another in pursuance of a contract under which the seeds will be used for producing further seedsor for producing plants or parts of plants for human or animal consumption;
and "market" and "marketed" shall be construed accordingly;
"Member State" means a Member State of the Communities;
"the Minister" means, as respects England, the Minister of Agriculture, Fisheries andFood and, as respects Scotland or Wales, the Secretary of State, and "the Ministers"means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales acting jointly;
"National List" means a list of varieties of kinds of cereals for the time being published in accordance with the Seeds (National Lists of Varieties) Regulations1982( a);
"official certificate" means a certificate issued by the Minister in accordance with Schedule 2 subject to the payment of any fees payable under seeds regulations and containing in respect of the seed to which it relates the particulars specified in Schedule 3 and "officially certified" shall be construed accordingly;
"offical examination" means-
(a) an examination carried out by or on behalf of the Minister, subject to an application for such examination having been made to the Minister in such form and manner and at such time as the Minister may, at his discretion,require and to the payment of any fees payable under seeds regulations,
(b) an examination carried out by or on behalf of the Department of Agriculturefor Northern Ireland, or
(a) S.I. 1982/844 amended by S.I. 1985/1529, 1989/1314, 1990/1353, 1992/1615.
(c) in relation to seeds produced elsewhere than in the United Kingdom, an examination approved by the Minister;
"official label" means a label issued or authorised by the Minister, subject to thepayment of any fees payable under seeds regulations, and "official inner label" shall be construed accordingly;
"seed lot" means an identifiable consignment of seeds of a weight not exceeding that specified in Part II of Schedule 5, bearing a unique reference number, in which the seeds shall have been so mixed or blended that, as far as is practicable, the seed lot shows no evidence of heterogeneity;
"seeds regulations" means regulations made under section 16 of the Act and for the time being in force;
"small package" means a package containing a net weight of not more than 15 kilograms of Pre-basic Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or a mixture of seeds.
(2) A reference in these Regulations to a numbered regulation or Schedule shall beconstrued as a reference to the regulation or Schedule bearing that number in these Regulations.
(3) In these Regulations-
"Uncertified Pre-basic Seed" means seeds of maize of a generation earlier than that of Basic Seed-
(a) which have been produced in the United Kingdom by or under the responsibility of the maintainer, and
(b) which are intended for the production of Pre-basic Seed or Basic Seed;
"Breeder's Seed" means seeds of oats, barley, wheat, durum wheat, spelt wheat,triticale or rye of a generation earlier than that of Pre-basic Seed-
(a) which have been produced by or under the responsibility of the maintainer carrying out in the United Kingdom the duties of a maintainer set out inregulation 19 of the Seeds (National Lists of Varieties) Regulations 1982,
(b) which are intended for the production of Pre-basic Seed or, with the written authority of the Minister, of Basic Seed, and
(c) which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
"Pre-basic Seed" means seeds of a generation earlier than that of Basic Seed-
(a) which have been produced by or under the responsibility of the maintainer, and
(b) which-
(i) as respects seeds of maize, have been produced from Uncertified Pre-basic Seed, or from Pre-basic Seed, and are intended for the productionof Pre-basic Seed, Basic Seed or, with the written authority of the maintainer, Certified Seed, or
(ii) as respects seeds of oats, barley, wheat, durum wheat, spelt wheat, triticale or rye, have been produced-
(a) from Breeder's Seed, and is intended to be used for the productionof Pre-basic Seed or Basic Seed, or with the written authority of the maintainer and the Minister, Certified Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation, or
(b) from Pre-basic Seed, and is intended to be used for the productionof Pre-basic Seed, Basic Seed or, with the written authority of the maintainer, Certified Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation, and
(c) which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued inaccordance with Schedule 2;
"Basic Seed" means-
(a) seeds of oats, barley, wheat, durum wheat, spelt wheat, rye and triticale,other than hybrids of rye and of triticale,
(i) which have been produced by or under the responsibility of the maintainer from Pre-basic Seed or, with the written authority of the Minister, from Breeder's Seed,
(ii) which are intended for the production of Certified Seed of the First Generation or Certified Seed of the Second Generation, and
(iii) which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
(b) seeds which are intended for the production of hybrids of oats, barley, wheat, durum wheat, spelt wheat and rye,
(i) which have been produced by or under the responsibility of the maintainer from Pre-basic Seed or, with the written authority of the Minister from Breeder's Seed, and
(ii) which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
(c) seeds of open pollinated varieties of maize,
(i) which have been produced from Uncertified Pre-basic Seed or Pre-basic Seed by or under the responsibility of the maintainer,
(ii) which are intended for the production of Certified Seed of the same variety, top cross hybrids or inter-varietal hybrids, and
(iii) which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
(d) seeds of inbred lines of maize, which have been produced from Uncertified Pre-basic Seed or Pre-basic Seed and which satisfy the requirements forBasic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
(e) seeds of single cross hybrids of maize,
(i) which have been produced from Uncertified Pre-basic Seed or Pre-basic Seed and are intended for the production of double cross hybrids, threeway cross hybrids or top cross hybrids, and
(ii) which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
"Certified Seed" means seeds of maize and rye and hybrids of oats, barley, wheat, durum wheat and spelt wheat-
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