LegalizeSeeds (Fees) (No. 2) Regulations (Northern Ireland) 2002
The Department of Agriculture and Rural Development, in exercise of the powers conferred on it by sections 1(1), 1(2A)[^f00001], 2(2) and (4) of the Seeds Act (Northern Ireland) 1965[^f00002] and of every other power enabling it in that behalf, after consultation with representatives of such interests as appear to it to be concerned and with the approval of the Department of Finance and Personnel[^f00003] with regard to the licensing fee for licensed testing establishments, hereby makes the following Regulations:
Citation and commencement
1
These Regulations may be cited as the Seeds (Fees) (No. 2) Regulations (Northern Ireland) 2002 and shall come into operation on 29th January 2003.
Fees
2
- (1) Subject to regulation 3 there shall be paid to the Department in respect of matters arising under the Regulations referred to in Schedules 1 to 6 the fees set out in Column (3) of each of those Schedules opposite the respective references to such matters in Column (1), and in accordance with Column (2), of each of those Schedules.
- (2) Paragraph (1) shall apply to matters listed in Column (1) of Schedules 1 to 6 arising in relation to breeder’s confirmations as it does to matters so listed arising in relation to official certificates.
Exemption
3
The Department may exempt any person or class of persons, or persons generally, from compliance with any of the provisions of these Regulations and the exemptions may be made subject to conditions.
Revocation
4
The Seeds (Fees) Regulations (Northern Ireland) 2002[^f00004] are hereby revoked.
SCHEDULE 1 — MATTERS ARISING UNDER THE CEREAL SEEDS REGULATIONS (NORTHERN IRELAND) 1994[^f00005]
| (1) | (2) | (3) |
|---|---|---|
| Matter | When Payable | Fee |
| £ | ||
| A. Initial fees | A. Initial fees | A. Initial fees |
| Initial fee per hectare or part thereof for crops intended to produce:– | On application for registration | |
| ipre-basic or basic seed | 24·60 | |
| iicertified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize | 6·20 | |
| iiicertified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats | 5·50 | |
| B. Crop inspection fees | B. Crop inspection fees | B. Crop inspection fees |
| Fee for official examination or re-examination of crops intended to produce seed as set out in A(i), (ii) or (iii) per hectare or part thereof examined | Within one month of demand by the Department | 12·30 |
| Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, certified seed of the first generation or certified seed of the second generation, per hectare or part thereof examined | 12·30 | |
| C. Seed lot fee | C. Seed lot fee | C. Seed lot fee |
| Fee for the issue of an official certificate in respect of a seed lot entered as:– | On application | |
| ibreeder's, pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale, oats or certified seed of rye and maize | 40·65 | |
| iicertified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats | 20·30 | |
| D. Seed testing fees | D. Seed testing fees | D. Seed testing fees |
| Fee for an official examination of seed for loose smut infection of wheat, durum wheat, spelt wheat and barley (per thousand embryos examined) | Within one month of demand by the Department | 35·70 |
| E. Seed lot re-entry fee | E. Seed lot re-entry fee | E. Seed lot re-entry fee |
| Fee for the issue of an official certificate in respect of a seed lot which had been entered for one category and been withdrawn and is being re-entered as:– | On application | |
| ipre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize | 28·45 | |
| iicertified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats | 14·20 |
SCHEDULE 2 — MATTERS ARISING UNDER THE FODDER PLANT SEEDS REGULATIONS (NORTHERN IRELAND) 1994[^f00006]
| (1) | (2) | (3) |
|---|---|---|
| Matter | When Payable | Fee |
| £ | ||
| A. Initial fees | A. Initial fees | A. Initial fees |
| Initial fee per hectare or part thereof for crops intended to produce: – | On application for registration | |
| ipre-basic or basic seed of– | ||
| agrasses, legumes (except field beans and field peas) and crucifers | 18·50 | |
| bfield beans and field peas | 16·00 | |
| iicertified seed of grasses, legumes (except field beans, field peas, white lupin, narrow- leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers | 8·65 | |
| iiicertified seed of the first and second generation of field beans and field peas | 7·40 | |
| ivcertified seed of the first generation white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne | 8·65 | |
| B. Crop inspection fees | B. Crop inspection fees | B. Crop inspection fees |
| Fee for official examination or re-examination of crops intended to produce seed as set out in A(i), (ii), (iii) or (iv) per hectare or part thereof examined | Within one month of demand by the Department | 12·30 |
| Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed of grasses, legumes (except field beans, field peas, white lupin, narrow- leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers or certified seed of the first generation and certified seed of the second generation of field beans and field peas or certified seed of the first generation white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne per hectare or part thereof examined | 12·30 | |
| C. Seed lot fee | C. Seed lot fee | C. Seed lot fee |
| Fee for the issue of an official certificate in respect of a seed lot entered as:– | On application | |
| ibreeder’s seed of– | ||
| agrasses, legumes (except field beans and field peas) and crucifers | 33·30 | |
| bfield beans and field peas | 54·20 | |
| iipre-basic or basic seed of– | ||
| agrasses, legumes (except field beans and field peas) and crucifers | 62·85 | |
| bfield beans and field peas | 54·20 | |
| iiicertified seed of grasses, legumes (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers | 62·85 | |
| ivcertifed seed of the first and second generation of field beans and field peas | 50·50 | |
| ivAcertifed seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne | 62·85 | |
| vcommercial seed of the kinds for the time being specified in regulation 3(2) of the Fodder Plant Seeds Regulations (Northern Ireland) 1994 | 55·45 | |
| D. Seed lot re-entry fee | D. Seed lot re-entry fee | D. Seed lot re-entry fee |
| Fee for the issue of an official certificate in respect of a seed lot which had been entered for one category and been withdrawn and is being re-entered as:– | On application | |
| ipre-basic or basic seed of– | ||
| agrasses, legumes (except field beans and field peas) and crucifers | 44·00 | |
| bfield beans and field peas | 37·95 | |
| iicertified seed of grasses, legumes (except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne) and crucifers | 44·00 | |
| iiicertified seed of the first and second generation of field beans and field peas | 35·35 | |
| iiiAcertified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne | 44·00 | |
| ivcommercial seed of the kinds for the time being specified in regulation 3(2) of the Fodder Plant Seeds Regulations (Northern Ireland) 1994 | 38·80 |
SCHEDULE 3 — MATTERS ARISING UNDER THE OIL AND FIBRE PLANT SEEDS REGULATIONS (NORTHERN IRELAND) 1994[^f00007]
| (1) | (2) | (3) |
|---|---|---|
| Matter | When Payable | Fee |
| £ | ||
| A. Initial fees | A. Initial fees | A. Initial fees |
| Initial fee per hectare or part thereof for crops intended to produce:– | On application for registration | |
| ipre-basic or basic seed | 27·15 | |
| iiall other categories of seed | 12·95 | |
| B. Crop inspection fees | B. Crop inspection fees | B. Crop inspection fees |
| Fee for official examination or re-examination of crops intended to produce seed as set out in A(i) or (ii) per hectare or part thereof examined | Within one month of demand by the Department | 12·30 |
| Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, certified seed of the first generation, certified seed of the second generation or certified seed of the third generation, per hectare or part thereof examined | 12·30 | |
| C. Seed lot fee | C. Seed lot fee | C. Seed lot fee |
| Fee for the issue of an official certificate in respect of a seed lot entered as:– | On application | |
| ibreeder's, pre-basic or basic seed | 49·30 | |
| iiall other categories of seed | 49·30 | |
| D. Seed testing fees | D. Seed testing fees | D. Seed testing fees |
| Fee for an official examination of seed for:– | Within one month of demand by the Department | |
| isunflower for Botrytis spp | 41·85 | |
| iiflax and linseed for– | ||
| aAlternaria spp | ||
| bPhoma exiqua var. linicola | ||
| cColletotrichum lini | ||
| dFusarium spp | ||
| eBotrytis spp | 34·45 | |
| iiisoya bean for Pseudomonas syringae pv. glycinea spp | ||
| for one sub-sample test | 60·00 | |
| for five sub-sample tests | 200·00 | |
| ivsoya bean for Diaporthe phaselorum spp | 37.50 | |
| E. Seed lot re-entry fee | E. Seed lot re-entry fee | E. Seed lot re-entry fee |
| Fee for the issue of an official certificate in respect of a seed lot which had been entered for one category and been withdrawn and is being re-entered as:– | On application | |
| ipre-basic or basic seed | 34·50 | |
| iiall other categories of seed | 34·50 |
SCHEDULE 4 — MATTERS ARISING UNDER THE BEET SEEDS REGULATIONS (NORTHERN IRELAND) 1994[^f00008]
| (1) | (2) | (3) |
|---|---|---|
| Matter | When Payable | Fee |
| £ | ||
| A. Initial fees | A. Initial fees | A. Initial fees |
| Initial fee per hectare or part thereof for crops intended to produce:– | On application for registration | |
| ipre-basic or basic seed | 32·05 | |
| iicertified seed | 14·80 | |
| B. Crop inspection fees | B. Crop inspection fees | B. Crop inspection fees |
| Fee for official examination or re-examination of crops intended to produce seed as set out in A(i) or (ii) per hectare or part thereof examined | Within one month of demand by the Department | 12·30 |
| Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce certified seed, per hectare or part thereof examined | 12·30 | |
| C. Seed lot fee | C. Seed lot fee | C. Seed lot fee |
| Fee for the issue of an official certificate in respect of a seed lot entered as:– | On application | |
| ipre-basic or basic seed | 60·40 | |
| iicertified seed | 59·10 | |
| D. Seed lot re-entry fee | D. Seed lot re-entry fee | D. Seed lot re-entry fee |
| Fee for the issue of an official certificate in respect of a seed lot which had been entered for one category and been withdrawn and is being re-entered as:– | On application | |
| ipre-basic or basic seed | 42·30 | |
| iicertified seed | 41·40 |
SCHEDULE 5 — MATTERS ARISING UNDER THE VEGETABLE SEEDS REGULATIONS (NORTHERN IRELAND) 1994[^f00009]
| (1) | (2) | (3) |
|---|---|---|
| Matter | When Payable | Fee |
| £ | ||
| A. Initial fees | A. Initial fees | A. Initial fees |
| Initial fee for crops intended to produce:– | On application for registration | |
| ipre-basic or basic seed of– | ||
| aall kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered | 43·10 | |
| bpeas and broad beans per hectare or part thereof entered | 27·15 | |
| ccucumber, gherkin and tomato, per crop entered | 43·10 | |
| iicertified seed of– | ||
| aall kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered | 23·35 | |
| bpeas and broad beans per hectare or part thereof entered | 11·10 | |
| ccucumber, gherkin and tomato, per crop entered | 23·35 | |
| B. Crop inspection fees | B. Crop inspection fees | B. Crop inspection fees |
| Fee for official examination or re-examination of crops intended to produce:– | Within one month of demand by the Department | |
| iA(i)(a) or (b) and A(ii)(a) or (b), per hectare or part thereof examined | 12·30 | |
| iiA(i)(c) and A(ii)(c), per crop examined | 12·30 | |
| Fee for official examination or re-examination of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another Member State) intended to produce: | ||
| iA(ii)(a) or (b), per hectare or part therof examined | 12·30 | |
| iiA(ii)(c), per crop examined | 12·30 | |
| C. Seed lot fee | C. Seed lot fee | C. Seed lot fee |
| Fee for the issue of an official certificate in respect of a seed lot entered | On application | 98·55 |
| D. Seed lot re-entry fee | D. Seed lot re-entry fee | D. Seed lot re-entry fee |
| Fee for the issue of an official certificate in respect of a seed lot which had been entered for one category and been withdrawn and is being re-entered | On application | 69·00 |
SCHEDULE 6 — MATTERS ARISING UNDER THE SEEDS (REGISTRATION, LICENSING AND ENFORCEMENT) REGULATIONS (NORTHERN IRELAND) 1994[^f00010]
| (1) | (2) | (3) |
|---|---|---|
| Matter | When Payable | Fee |
| £ | ||
| A. Representations by, and hearings of, a seed merchant, processor or packer | A. Representations by, and hearings of, a seed merchant, processor or packer | A. Representations by, and hearings of, a seed merchant, processor or packer |
| iFee for making written representations to the Department | On making representations | 30·80 |
| iiFee for being heard by a person appointed by the Department | On applying to be heard | 61.60 |
| B. Licensed Seed Testing Establishments | B. Licensed Seed Testing Establishments | B. Licensed Seed Testing Establishments |
| iAnnual fee payable during the currency of the licence (or a proportion thereof in respect of a part of a year) | Within one month of demand by the Department, annually in advance | 2,033.00 |
| iiFee payable by the owner or person in charge of a Licensed Seed Testing Station in respect of an official examination of seed | Within one month of demand by the Department, annually in arrears | 8·75 |
| C. Examination fees | C. Examination fees | C. Examination fees |
| iExamination for crop inspector in respect ofc erealsfield beans, field peas and pulses, orgrasses and herbage legumes | ||
| aexamination | Before the examination | 142·80 |
| bre-sit of examination (other than cereals) | Before the examination | 142·80 |
| cre-sit of either part of cereals examination | Before the examination | 71.40 |
| dre-test | Before the examination | 71·40 |
| iiExamination for crop inspector in respect ofsugar beet, orfodder and oilcrucifers; turnips; fodder beet and mangels; flax and linseed; soya beans | ||
| aexamination | Before the examination | 89·25 |
| bre-sit of examination | Before the examination | 89·25 |
| cre-test | Before the examination | 71.40 |
| iiiExamination for seed sampler | Before the examination | 89·25 |
Signed
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 18th December 2002.
D. Small — A senior officer of the — Department of Agriculture and Rural Development
The Department of Finance and Personnel hereby approves the foregoing Regulations in regard to the licensing fee for licensed testing establishments.
Sealed with the Official Seal of the Department of Finance and Personnel on 18th December 2002.
Jack Leyberry — A senior officer of the — Department of Finance and Personnel
Explanatory note
(This note is not part of the Regulations.)
Regulations controlling the marketing of cereal seeds, fodder plant seeds, beet seeds, oil and fibre plant seeds, and vegetable seeds (“seed regulations”) provide that, with certain exceptions, seeds of these categories may only be marketed if they are derived from crops which on inspection are found to meet certain standards and if upon subsequent testing samples of the seed also meet certain standards.
These Regulations, which are made under the Seeds Act (Northern Ireland) 1965, prescribe fees for certain initial applications, crop inspection fees, seed lot fees, seed testing fees and fees in relation to licensed seed testing establishments. Fees are also prescribed in relation to the making of written representations by, and hearings involving, seed merchants, processors or packers. They also provide that the same fees shall be payable in relation to breeder’s confirmations as are payable in relation to official certificates (regulation 2(2)).
The matters in respect of which the fees are prescribed are listed in Schedules 1 to 6 and replace the fees prescribed by the Seeds (Fees) Regulations (Northern Ireland) 2002 (the 2002 Regulations). These Regulations were annulled by the Northern Ireland Assembly on 17 September 2002. The level of the fees is the same as under the Seeds (Fees) Regulations (Northern Ireland) 1999 (the 1999 Regulations). The Regulations also reinstate fees first introduced by the 2002 Regulations for examinations of crops produced from seed of a variety entered for but not added to the National List (or to the equivalent list in another member State) intended to produce certified seed, certified seed of the first generation, certified seed of the second generation or certified seed of the third generation. Provision is also made for fees to be charged for examinations for crop inspectors and seed samplers. The level of these fees is, however, 5% lower than the level set for those under the 2002 Regulations.
Footnotes
[^f00001]: As inserted by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 3
[^f00002]: 1965 c. 22 (N.I.)
[^f00003]: Formerly the Department of Finance: see S.I. 1982/338 (N.I. 6) Art. 3
[^f00004]: S.R. 2002 No. 257
[^f00005]: S.R. 1994 No. 254 as amended by S.R. 1995 No. 366, S.R. 1997 No. 240, S.R. 2000 No. 53 and S.R. 2000 No. 128
[^f00006]: S.R. 1994 No. 252 as amended by S.R. 1996 No. 311, S.R. 1997 No. 240 and S.R. 2000 No. 54
[^f00007]: S.R. 1994 No. 255 as amended by S.R. 1996 No. 312, S.R. 1997 No. 240 and S.R. 2000 No. 55
[^f00008]: S.R. 1994 No. 251 as amended by S.R. 1997 No. 240 and S.R. 2000 No. 52
[^f00009]: S.R. 1994 No. 250 as amended by S.R. 1996 No. 313, S.R. 1997 No. 240 and S.R. 2000 No. 56
[^f00010]: S.R. 1994 No. 253
Editorial notes
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