Seed (Registration, Licensing and Enforcement) (England) Regulations 2002

JurisdictionUK Non-devolved
CitationSI 2002/3176

2002 No. 3176

SEEDS, ENGLAND

The Seed (Registration, Licensing and Enforcement) (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 by sections 16(1), (1A), (2), (3), (4) and (5A), 24(5), 26(2) and (3) and 36 of the Plant Varieties and Seeds Act 19641and now vested in her, after consultation in accordance with the said section 16(1) with representatives of such interests as appear to her to be concerned and with the Council on Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 19922, hereby makes the following Regulations:

1 GENERAL

PART I

GENERAL

S-1 Title, extent and commencement

Title, extent and commencement

1. These Regulations may be cited as the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002, shall apply in England and shall come into force on 31st January 2003.

S-2 General interpretation

General interpretation

2.—(1) In these Regulations—

“the Act” means the Plant Varieties and Seeds Act 1964;

“analyst in charge” and “seed analyst” have the meaning given in regulation 27(1);

“authorised officer” means an officer authorised by the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development for the purposes of these Regulations;

“the Department of Agriculture and Rural Development” means the Department of Agriculture and Rural Development in Northern Ireland;

“LSTS” means a laboratory in respect of which a licence has been granted pursuant to regulation 25;

“official measures” includes—

(a) matters connected with the registration of a person who may engage in a seed industry activity under Part II of these Regulations;

(b) matters connected with the training, examination and licensing of crop inspectors under Part III of these Regulations;

(c) matters connected with the training, examination and licensing of seed samplers under Part IV of these Regulations; and

(d) matters connected with the licensing of seed testing stations and the training and examination of seed analysts and Analysts in Charge under Part V of these Regulations;

“prescribed minimum weight”, in relation to a submitted sample, means the minimum weight of such a sample as prescribed in Schedule 7 of the appropriate Seed Marketing Regulations;

“registered person” means a person registered pursuant to regulation 5 as a person who may engage in a seed industry activity;

“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;

“seed” means seed of any species to which Seed Marketing Regulations apply;

“seed industry activity” means any of the following—

(a) the marketing of seed other than the marketing—

(i) of small packages of seed, small EC packages of seed, small EC A packages of seed, or small EC B packages of seed (as defined in each case in the Seed Marketing Regulations);

(ii) of unpacketed seed;

(iii) by a producer of small quantities of seed for scientific purposes or selection work in compliance with an authorisation referred to in that connection in the Seed Marketing Regulations which would permit the marketing of such seed under those Regulations;

(iv) by a producer of seed for test and trial purposes in compliance with an authorisation referred to in that connection in the Seed Marketing Regulations (where applicable) which would permit the marketing of such seed under those Regulations;

(v) by or on behalf of a breeder of seed for market testing in compliance with an authorisation referred to in that connection in the Vegetable Seed (England) Regulations 2002 which would permit the marketing of such seed under those Regulations; or

(vi) of seed, as grown, for processing provided the identity of the seed is ensured;

(b) the packing, sealing or labelling of seed (including the labelling or marking of standard seed of vegetables) except small packages of seed, small EC packages of seed, small EC A packages of seed, or small EC B packages of seed (as defined in each case in the Seed Marketing Regulations);

(c) the re-packing, re-sealing or re-labelling of seed;

(d) the preparation of mixtures of seeds permitted by the Seed Marketing Regulations; and

(e) the cleaning, treating or other processing of seed intended for marketing;

“the Seed Marketing Directives” means—

(a) Council Directive 2002/54/EC3on the marketing of beet seed;

(b) Council Directive 66/402/EEC4on the marketing of cereal seed, as last amended by Council Directive 2001/64/EC5;

(c) Council Directive 66/401/EEC6on the marketing of fodder plant seed, as last amended by Council Directive 2001/64/EC;

(d) Council Directive 2002/57/EC7on the marketing of oil and fibre plant seed as last amended by Council Directive 2002/68/EC8; and

(e) Council Directive 2002/55/EC9on the marketing of vegetable seed;

“the Seed Marketing Regulations” means—

(a) in relation to beet seed, the Beet Seed (England) Regulations 200210;

(b) in relation to cereal seed, the Cereal Seed (England) Regulations 200211;

(c) in relation to fodder plant seed, the Fodder Plant Seed (England) Regulations 200212;

(d) in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (England) Regulations 200213; and

(e) in relation to vegetable seed, the Vegetable Seed (England) Regulations 200214; and

“statutory seed testing” means seed testing carried out for the purposes of the Seed Marketing Regulations.

(2) Subject to paragraph (3), in these Regulations “marketing” means—

(a)

(a) selling, holding with a view to sale and offering for sale, and

(b)

(b) any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,

whether or not for consideration, and “market” and “marketed” shall be construed accordingly.

(3) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations—

(a)

(a) the supply of seed to official testing and inspection bodies, and

(b)

(b) the supply of seed to a person who provides processing or packaging services but who does not thereby acquire title to the seed supplied,

shall not be regarded as marketing of seed of that variety.

(4) All applications, statements of commitment, representations, notices and requests to which these Regulations apply shall be made in writing.

(5) “Writing” in paragraph (4) shall include an electronic communication within the meaning of the Electronic Communications Act 200015provided that—

(a)

(a) any document of the type referred to in paragraph (4) shall only be sent to the Secretary of State by an electronic communication if the Secretary of State has represented that electronic communication is a means by which persons can send such a document to her, and

(b)

(b) notifications required to be made by the Secretary of State to any person shall only be made by an electronic communication if the intended recipient has himself used the same form of electronic communication in communicating with the Secretary of State pursuant to any provision of these Regulations or has otherwise represented that that form of electronic communication is a means by which the Secretary of State can communicate with him.

(6) Expressions in these Regulations which are not defined in the preceding paragraphs of this regulation and which appear in the Seed Marketing Regulations have the same meaning in these Regulations as they have in those Regulations.

2 REGISTRATION OF PERSONS ENGAGED IN SEED INDUSTRY ACTIVITIES

PART II

REGISTRATION OF PERSONS ENGAGED IN SEED INDUSTRY ACTIVITIES

S-3 Obligation to be registered

Obligation to be registered

3. No person shall engage in a seed industry activity unless he is registered by the Secretary of State as a person who may engage in that activity.

S-4 Applications for registration

Applications for registration

4.—(1) A person may apply to the Secretary of State to be registered as a person who may engage in a seed industry activity.

(2) An application made under paragraph (1) may relate to all seed industry activities or to any one or more of them and shall—

(a)

(a) be made in such form and manner as the Secretary of State may require; and

(b)

(b) be accompanied by such information relating to the applicant’s proposed business and such other information as the Secretary of State may reasonably require for the purpose of determining whether the applicant is a suitable person to be registered as a person who may engage in the seed industry activity to which his application relates.

S-5 Registrations

Registrations

5.—(1) Where an application is made under regulation 4 the Secretary of State shall, after carrying out such investigations and inspections as she may think fit, register the applicant as a person who may engage in the seed industry activity to which his application relates if she is satisfied that the applicant is a suitable person to engage in such activity.

(2) In deciding whether an applicant is a suitable person to engage in the seed industry activity to which his application relates the Secretary of State may take into account the matters specified in Part I of Schedule 1.

S-6 Conditions to be complied with by registered persons

Conditions to be complied with by registered persons

6. A registration granted under regulation 5 may be subject to any of the conditions specified in Part II of Schedule 1 and such other conditions as the Secretary of State may think necessary or desirable.

S-7 Termination of registrations

Termination of registrations

7. If a registered person requests the Secretary of State to terminate his registration in respect of any or all of the seed industry activities that he is registered as being entitled to engage in the Secretary of State shall comply with the request.

S-8 Revocation of registrations

Revocation of registrations

8. Subject to regulation 36, the Secretary of State may revoke a person’s registration...

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