Oil and Fibre Plant Seeds Regulations 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/2007 |
1993 No. 2007
SEEDS
The Oil and Fibre Plant Seeds Regulations 1993
Made 2nd August 1993
Laid before Parliament 11th August 1993
Coming into force 1st September 1993
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 19641and now vested in them2and of all 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 Oil and Fibre Plant Seeds Regulations 1993, shall apply to Great Britain and shall come into force on 1st September 1993.
Revocation of previous regulations
2. The Oil and Fibre Plant Seeds Regulations 19853, the Oil and Fibre Plant Seeds (Amendment) Regulations 19874, the Oil and Fibre Plant Seeds (Amendment) Regulations 19895the Oil and Fibre Plant Seeds (Amendment) Regulations 19916and the Oil and Fibre Plant Seeds (Amendment) Regulations 19927are hereby revoked.
Interpretation
3.—(1) In these Regulations, unless the context otherwise requires—
“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;
“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 Common Catalogue;
“marketing” includes the offer for sale, exposure for sale, sale and possession with a view 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 seeds or for producing plants or parts of plants for human or animal consumption or for industrial use,
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 and Food 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 oleaginous and fibrous plants for the time being published in accordance with the Seeds (National Lists of Varieties) Regulations 19828;
“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;
“official 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 Agriculture for Northern Ireland, or
(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 the payment 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, Certified Seed of the Third Generation or Commercial Seed.
(2) A reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
(3) In these Regulations—
“Breeder’s Seed” means seeds of a generation earlier than that of Basic Seed—
(a)
(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 in regulation 19 of the Seeds (National List of Varieties) Regulations 1982,
(b)
(b) which are intended for the production of Pre-basic Seed or, with the written authority of the Minister, of Basic Seed, and
(c)
(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 directly from Breeder’s Seed or Pre-basic Seed by or under the responsibility of the maintainer,
(b) which are intended for the production of Pre-basic Seed, Basic Seed, or, with the written authority of the maintainer and the Minister, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or, as regards flax, Certified Seed of the Third 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 in accordance with Schedule 2;
“Basic Seed” means—
(a) seeds, other than of hybrids of sunflower, which—
(i) 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) are intended for the production of Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or, as regards flax, Certified Seed of the Third Generation, and
(iii) 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, in the case of inbred lines of sunflower intended for the production of hybrids, which have been produced from Breeder’s Seed or Pre-basic Seed and 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, in the case of single cross hybrids of sunflowers, which—
(i) have been produced from Breeder’s Seed or Pre-basic Seed and are intended for the production of double-cross hybrids or of three-way cross hybrids, or
(ii) 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 turnip rape, swede rape, brown mustard, black mustard, white mustard or sunflower—
(a) which have been produced directly from Basic Seed or, with the written authority of the maintainer and the Minister, from Pre-basic Seed,
(b) which are intended to be used mainly for the production of plants or parts of plants for human or animal consumption, and
(c) which satisfy the requirements for Certified Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
“Certified Seed of the First Generation” means seeds of soya bean, flax or linseed—
(a) which have been produced directly from Basic Seed or, with the written authority of the maintainer and the Minister, from Pre-basic Seed,
(b) which are intended to be used mainly for the production of plants or parts of plants for human or animal consumption or for industrial use or for the production of Certified Seed of the Second Generation or, as regards flax, Certified Seed of the Third Generation, and
(c) which satisfy the requirements for Certified Seed of the First Generation set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
“Certified Seed of the Second Generation” means seeds of soya bean, flax or linseed—
(a) which have been produced directly from Basic Seed, Certified Seed of the First Generation or, with the written authority of the maintainer and the Minister, from Pre-basic Seed,
(b) which are intended to be used mainly for the production of plants or parts of plants for human or animal consumption or for industrial use or, as regards flax, for the production of Certified Seed of the Third Generation, and
(c) which satisfy the requirements for Certified Seed of the Second Generation set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
“Certified Seed of the Third Generation” means seeds of flax—
(a) which have been produced directly from Basic Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation or, with the written authority of the maintainer and the Minister, from Pre-basic Seed,
(b) which are intended to be used mainly for the production of plants or parts of plants for human or animal consumption or for industrial use, and
(c) which satisfy the requirements...
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