The Seed Marketing Regulations 2011

Made: 25th February 2011

Laid before Parliament: 7th March 2011

Coming into force: 1st April 2011

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for the references in these Regulations to the Directives specified in regulation 3(2) to be construed as references to those Directives as amended from time to time.

PART 1 — Introduction

Title, application and commencement

1

These Regulations may be cited as the Seed Marketing Regulations 2011; they apply in England and come into force on 1st April 2011.

Meaning of “marketing”

2

• (1) In these Regulations “marketing” means the sale, holding with a view to sale, offer for sale or any disposal, supply or transfer aimed in each case at commercial exploitation of seed to third parties, whether or not for consideration.

• (2) But marketing does not include trade that is not aimed at commercial exploitation, such as—

• (a) the supply of seed to official testing and inspection bodies; or

• (b) the supply of seed to a person who provides processing services but who does not acquire title to the seed.

Interpretation of other terms

3

• (1) For the purposes of these Regulations—

• (a) the “GB Variety List” is the list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001;

• (b) a “country granted equivalence” means—

• (i) a country that has been granted equivalence under Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries; or

• (ii) a country that has been assessed by the Secretary of State that the seed from that country is produced under conditions equivalent to the requirements in these Regulations for seed to which these Regulations apply;

• (c) “Crown Dependency” means any of the Channel Islands or the Isle of Man;

• (d) the “NI Variety List” means the list of plant varieties prepared and published by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland in accordance with legislation having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001;

• (2) In these Regulations all references to—

• (a) Council Directive 2002/54/EC on the marketing of beet seed[^f00006],

• (b) Council Directive 66/402/EEC on the marketing of cereal seed[^f00007],

• (c) Council Directive 66/401/EEC on the marketing of fodder plant seed[^f00008],

• (d) Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants[^f00009],

• (e) Council Directive 2002/55/EC on the marketing of vegetable seed,

• (f) Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties[^f00010],...

• (g) Commission Directive 2009/145/EC providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties[^f00011], ...

• (h) Commission Directive 2010/60/EU providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment,and

• (i) Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries,

are references to those instruments as amended from time to time.

PART 2 — Categories of seed

Seed to which these Regulations apply

4

• (1) These Regulations apply in relation to seed of the plants in the first column of the table in Schedule 1 intended to be used for agricultural or horticultural production, but do not apply in relation to seed intended to be used for ornamental plants.

• (2) They do not apply in relation to seed intended for export outside Great Britain (other than regulation 26 which relates to certification for export).

Categories of seed

5

Seed is divided into the following categories, commonly known by the abbreviations given—

• (a) breeder’s seed (“BR”);

• (b) pre-basic seed (“PB”);

• (c) basic seed (“BS”);

• (d) certified seed (“CS”);

• (e) certified seed, first generation (“C1”);

• (f) certified seed, second generation (“C2”);

• (g) certified seed, third generation (“C3”);

• (h) commercial seed (“CM”);

• (i) standard seed (vegetables only) (“ST”);

• (j) seed of a higher voluntary standard (“HVS”).

Breeder’s seed

6

Breeder’s seed is seed produced by or under the responsibility of the breeder and intended for the production of pre-basic seed or basic seed.

Maintainers for pre-basic and basic seed

7

Pre-basic seed and basic seed may only be produced with the written authorisation of the person listed as the maintainer of that seed in the GB Variety List, NI Variety List or an equivalent list in a country granted equivalence.

PART 3 — Marketing seed

Marketing seed

8

Seed to which these Regulations apply may only be marketed as seed if it is—

• (a) certified under regulation 10 and 11 as being one of the categories in regulation 5;

• (b) packaged and sealed in accordance with regulation 16;

• (c) labelled in accordance with regulation 17;

• (d) marketed by a person licensed to do so in accordance with regulation 20.

Exceptions

9

• (1) The requirement for certification does not apply in relation to breeder’s seed.

• (2) Schedule 4 makes provision for the marketing of seed not fully complying with regulation 8.

Overriding requirements: the building blocks necessary for certification

10

To be certified under these Regulations as one of the categories in regulation 5 seed must—

• (a) be a variety entered in the GB Variety List;

• (b) be grown from a seed eligible to produce that category in accordance with Schedule 2;

• (c) come from a crop inspected under these Regulations and certified as complying with the requirements of Schedule 2;

• (d) be tested in accordance with these Regulations.

Detailed requirements for certification

11

• (1) In order to be certified a sample of the seed from which the crop is going to be produced must be entered with the Secretary of State in sufficient time for the Secretary of State to grow a control plot.

• (2) The Secretary of State may accept the entry of a sample of the seed after this time, but in this case the crop grown to produce the seed must be inspected by an official crop inspector in accordance with regulation 12.

• (3) The crop used to produce the seed must be inspected by a crop inspector in accordance with the provisions relating to that crop in Schedule 2, and the crop inspector must certify that—

• (a) the crop meets the standard for that crop specified in Schedule 2, or

• (b) the crop meets a lower standard but still meets one of the standards in Schedule 2,

and lodge a report to that effect with the Secretary of State.

• (4) The crop inspector may indicate that remedial action or further inspection is necessary before the crop is certified as meeting the required standard.

• (5) Once the crop has been harvested and processed, a sample of the seed must be taken by a licensed seed sampler (using current international sampling methods in so far as they exist) in accordance with the provisions relating to that crop in Schedule 2 (for the avoidance of doubt the seed lot sizes and sample weights are specified in each of the Directives in that Schedule dealing with the seed).

• (6) The seed must be tested in a seed testing station (either licensed or operated by the Secretary of State), which must test the seed (using current international sampling and testing methods in so far as they exist) to ensure that the certification standards in Schedule 2 are complied with and issue a seed test report stating the results and lodge the report with the Secretary of State.

Crop inspections

12

A crop inspection for certification must be carried out by a licensed crop inspector; except for the inspection of—

• (a) a crop intended for the production of pre-basic or basic seed, or

• (b) a crop producing seed when the entry of the seed under regulation 11 was too late to allow the Secretary of State to grow a control plot,

when the inspection must be carried out by an official crop inspector appointed by the Secretary of State for the purposes of such inspection.

Standard of seed at the time of marketing

13

At the time of marketing the seed must as a minimum comply with the standards in Schedule 2 relating to that type of seed.

Re-grading a crop or seed

14

For the avoidance of doubt, if a crop or seed has been certified as belonging to one category, but complies with the requirements of another category for that seed, it may be re-graded as any category for which it satisfies the requirements.

Control plots and tests

15

• (1) The Secretary of State must carry out any necessary tests on the entered seed, and in particular must grow the seed in a control plot.

• (2) If the tests or the control plot meets the requirements for varietal identity and varietal purity no further action is taken.

• (3) Otherwise the Secretary of State must obtain more information from crops grown from that seed and, if the Secretary of State decides that the crop is not satisfactory, notify the applicant that the crop may not be certified, or must be downgraded to a lower category.

Packaging and sealing

16

• (1) All seed, other than loose sales (for which see Part 5 of Schedule 3) must be supplied in a sealed package by a person licensed to do so under regulation 20.

• (2) The packaged seed must be in homogeneous lots.

• (3) A package must be sealed by or under the supervision of a licenced seed sampler using an official seal.

• (4) It must either have a non-re-useable sealing system or be sealed in such a manner that opening the package—

• (a) damages the sealing system; or

• (b) leaves evidence of tampering on either the label or the package.

• (5) If a package is opened other than by the final consumer it must be re-labelled and re-sealed by or under the supervision of a licensed seed sampler, and the fact of resealing, the most recent date of resealing and the authority responsible for it must be stated on the label.

• (6) This regulation does not apply in relation to the marketing of small packages of seed as defined in Schedule 3.

Labelling

17

• (1) All seed must be labelled in accordance with Schedule 3 by a person licensed to do so under regulation 20.

• (2) No person may reproduce, remove, alter, deface, conceal or misuse in any way any label produced for the purposes of these Regulations.

Mixtures of seed

18

A mixture of seed may only be marketed if the mixture is permitted under the following table.

Column header	Beet	Cereals	Fodder	Oil and fibre	Vegetable	Seed outside the scope of these Regulations
(i)A mixture of varieties of one species of cereal seed is permitted only if it is effective against the propagation of a harmful organism. All the seed must comply with these Regulations before mixing.	(i)A mixture of varieties of one species of cereal seed is permitted only if it is effective against the propagation of a harmful organism. All the seed must comply with these Regulations before mixing.	(i)A mixture of varieties of one species of cereal seed is permitted only if it is effective against the propagation of a harmful organism. All the seed must comply with these Regulations before mixing.	(i)A mixture of varieties of one species of cereal seed is permitted only if it is effective against the propagation of a harmful organism. All the seed must comply with these Regulations before mixing.	(i)A mixture of varieties of one species of cereal seed is permitted only if it is effective against the propagation of a harmful organism. All the seed must comply with these Regulations before mixing.	(i)A mixture of varieties of one species of cereal seed is permitted only if it is effective against the propagation of a harmful organism. All the seed must comply with these Regulations before mixing.	(i)A mixture of varieties of one species of cereal seed is permitted only if it is effective against the propagation of a harmful organism. All the seed must comply with these Regulations before mixing.
(ii) A mixture of different varieties of standard seed of the same species must be marketed in a package containing not more than 5kg of seed (in the case of legumes), 500g of seed (in the case of asparagus, beetroot, carrot, chard or spinach beet, gourd, marrow, onion, radish, spinach or turnip) or 100g of seed (in the case of any other species)	(ii) A mixture of different varieties of standard seed of the same species must be marketed in a package containing not more than 5kg of seed (in the case of legumes), 500g of seed (in the case of asparagus, beetroot, carrot, chard or spinach beet, gourd, marrow, onion, radish, spinach or turnip) or 100g of seed (in the case of any other species)	(ii) A mixture of different varieties of standard seed of the same species must be marketed in a package containing not more than 5kg of seed (in the case of legumes), 500g of seed (in the case of asparagus, beetroot, carrot, chard or spinach beet, gourd, marrow, onion, radish, spinach or turnip) or 100g of seed (in the case of any other species)	(ii) A mixture of different varieties of standard seed of the same species must be marketed in a package containing not more than 5kg of seed (in the case of legumes), 500g of seed (in the case of asparagus, beetroot, carrot, chard or spinach beet, gourd, marrow, onion, radish, spinach or turnip) or 100g of seed (in the case of any other species)	(ii) A mixture of different varieties of standard seed of the same species must be marketed in a package containing not more than 5kg of seed (in the case of legumes), 500g of seed (in the case of asparagus, beetroot, carrot, chard or spinach beet, gourd, marrow, onion, radish, spinach or turnip) or 100g of seed (in the case of any other species)	(ii) A mixture of different varieties of standard seed of the same species must be marketed in a package containing not more than 5kg of seed (in the case of legumes), 500g of seed (in the case of asparagus, beetroot, carrot, chard or spinach beet, gourd, marrow, onion, radish, spinach or turnip) or 100g of seed (in the case of any other species)	(ii) A mixture of different varieties of standard seed of the same species must be marketed in a package containing not more than 5kg of seed (in the case of legumes), 500g of seed (in the case of asparagus, beetroot, carrot, chard or spinach beet, gourd, marrow, onion, radish, spinach or turnip) or 100g of seed (in the case of any other species)
Beet	No	No	No	No	No	No
Cereals	No	Yes	Yes	No	No	No
Fodder	No	Yes	Yes	Yes	Yes	Yes
Oil and fibre	No	No	Yes	No	No	No
Vegetable	No	No	Yes	No	Yes	No

Records

19

• (1) Any person who—

• (a) markets seed,

• (b) packs, seals, labels, re-packs, re-seals or re-labels seed for marketing,

• (c) prepares mixtures of seed for marketing, or

• (d) cleans, treats or in any other way processes seed intended for marketing,

must make sufficient records (either written or electronic) to create an audit trail so that the identity and provenance of any seed marketed or otherwise dealt with in the course of the operation can be established.

• (2) Records must be kept for at least 3 years and produced on demand to an officer of the Secretary of State (in the case of electronic records a printout must be provided).

PART 4 — Licensing

Operations requiring a licence from the Secretary of State

20

• (1) Any person carrying out any of the following operations must be licensed to do so by the Secretary of State—

• (a) marketing seed;

• (b) packing, sealing or labelling seed;

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

• (d) preparing mixtures of seed for marketing;

• (e) cleaning, treating or in any other way processing seed intended for marketing.

• (2) But the requirement for a licence does not apply in relation to the marketing of—

• (a) small packages of seed as defined in Schedule 3;

• (b) unpacketed seed; or

• (c) seed, as grown, for processing, provided the identity of the seed is ensured under paragraph 2 of Schedule 4.

Licensing crop inspectors, seed samplers and seed testing stations

21

• (1) The Secretary of State may license crop inspectors, seed samplers and seed testing stations to act under these Regulations.

• (2) Before licensing a crop inspector or seed sampler the Secretary of State must be satisfied that the person is competent to act as such, and has passed an examination specified by the Secretary of State.

• (3) Before licensing a seed testing station the Secretary of State must be satisfied that the station has adequate premises, qualified personnel and equipment to test for the purposes of these Regulations.

• (4) A licensed crop inspector, seed inspector or seed testing station may charge reasonable fees for carrying out functions under these Regulations but may not derive any private gain in connection with the carrying out of such functions.

General provisions relating to licences

22

• (1) A licence must be in writing, and may be subject to such conditions as the Secretary of State considers appropriate.

• (2) The Secretary of State may vary, suspend or revoke a licence by notice in writing at any time.

PART 5 — Administration and revocations

Withdrawing certification

23

• (1) The Secretary of State may withdraw certification from any seed if satisfied that—

• (a) the seed, or the seed from which the crop producing the seed was grown, was incorrectly sampled;

• (b) the crop from which the seed was harvested did not meet the conditions in Schedule 2; or

• (c) the seed—

• (i) did not meet the conditions in Schedule 2 when it was tested; or

• (ii) no longer meets those conditions.

• (2) If certification is withdrawn the Secretary of State must notify the certification applicant.

• (3) Within 7 days of being notified the applicant must notify any person to whom they have sold or supplied the seed.

Sampling for enforcement purposes

24

• (1) A sample of seed taken for the purposes of enforcing these Regulations must be taken by an authorised officer of the Secretary of State, who must divide it into three parts.

• (2) One part must be given to the owner of the seed (or a representative of the owner) and the other two parts must be sent to an official testing station, one for testing and the other for retention pending production to a court in accordance with section 26(7) of the Plant Varieties and Seeds Act 1964[^f00012].

• (3) That part of the sample sent for testing must be retained for at least two years.

Forms of certificates used for enforcement

25

• (1) For the purposes of section 26(3) of the Plant Varieties and Seeds Act 1964, a certificate of how a sample was taken for the purpose of enforcing these Regulations must—

• (a) make reference to these Regulations, and must certify that the sample was taken and treated in accordance with regulation 24;

• (b) specify—

• (i) the name and address of the person taking the sample;

• (ii) the premises at which the sample was taken;

• (iii) the type of seed sampled;

• (iv) the date the sample was taken;

• (v) the reference number of the seed lot;

• (vi) the quantity sampled.

• (2) For the purposes of section 24(5) of the Plant Varieties and Seeds Act 1964, a certificate of the result of a test at an official seed testing station of a sample taken by an authorised officer for the purposes of that Act must—

• (a) make reference to these Regulations;

• (b) identify the seed tested;

• (c) contain all test results relating to the standard required for that seed.

Certification for export

26

The Secretary of State may certify the quality of any seed intended for export ....

Importation from outside the European Union

27

• (1) Seed imported from a country granted equivalence must—

• (a) be a variety listed in the GB Variety List; and

• (b) be labelled with—

• (i) for standard vegetable seed, a supplier’s label in accordance with paragraph 25(4) or (5) of Schedule 3;

• (ii) for all other seed, a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.

• (2) If the seed is to be further multiplied the person intending to multiply it must first submit a sample to the Secretary of State for verification.

• (3) Any person marketing seed that has been imported from a country granted equivalence and exceeds two kilograms must supply the Secretary of State, in writing and within one month of the first marketing of the seed, with the following particulars relating to the seed—

• (a) the species;

• (b) the variety;

• (c) the category;

• (d) the country of production and the official inspection authority;

• (e) the country of despatch;

• (f) the importer; and

• (g) the quantity of seed.

Appeals

28

• (1) Any person who is aggrieved by a decision of the Secretary of State to—

• (a) vary, suspend, revoke or refuse to grant a licence of a crop inspector, seed sampler, seed testing station, or a person requiring a licence under regulation 20,

• (b) refuse to certify seed,

• (c) withdraw certification of seed,

may, within 21 days of being notified of the decision, appeal against it to a person appointed for the purpose by the Secretary of State.

• (2) The appointed person must consider the appeal and any representations made by the Secretary of State, and within 21 days report in writing with a recommended course of action to the Secretary of State.

• (3) The Secretary of State must then make a final decision and notify the appellant, together with the reasons.

Fees

29

The Secretary of State may charge a reasonable fee for anything done under these Regulations.

Marketing seed under a specific derogation

30

The Secretary of State may temporarily permit the marketing of seed not satisfying the requirements of minimum germination under conditions determined in accordance with Commission Regulation (EC) No 217/2006 laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination[^f00014].

Confidentiality

31

If the breeder so requests, the description of genealogical components of seed must not be disclosed by the Secretary of State.

Licensing and certifying in another part of the United Kingdom

32

• (1) Any seed certified in another part of the United Kingdom may be marketed in England.

• (2) A crop inspector, seed sampler or seed testing station licensed to act as such in another part of the United Kingdom may act as such under these Regulations.

Transitional provisions

33

• (1) A crop inspector, seed sampler or seed testing station licensed at the time these Regulations come into force under the Seed Marketing Regulations 2010[^f00015] continues to be licensed as such under these Regulations.

• (2) A person requiring to be licensed under regulation 20 of these Regulations who was licensed at the time these Regulations come into force to act for such activity under the Seed Marketing Regulations 2010 is now licensed to act as such under these Regulations subject to such conditions as may be notified by the Secretary of State, and continues to be licensed unless the licence is subsequently suspended or revoked by the Secretary of State under these Regulations.

Revocation

34

The Seed Marketing Regulations 2010[^f00016] are revoked.

SCHEDULE 1 — Seed to which these Regulations apply

Plants to which the Regulations apply	Plants to which the Regulations apply	Common name (for guidance only)
Beet	Beet	Beet
Beta vulgaris L.	Beta vulgaris L.	sugar beet, fodder beet (including mangel)
Cereals	Cereals	Cereals
Avena nuda L.	Avena nuda L.	small naked oat, hulless oat
Avena sativa L. (includes A.byzantina K. Koch)	Avena sativa L. (includes A.byzantina K. Koch)	oats and red oat
Hordeum vulgare L.	Hordeum vulgare L.	Barley
Secale cereale L.	Secale cereale L.	Rye
Triticum aestivum L.	Triticum aestivum L.	Wheat
Triticum durum Desf.	Triticum durum Desf.	durum wheat
Triticum spelta L.	Triticum spelta L.	spelt wheat
x Triticosecale Wittm. ex A. Camus – hybrids resulting from the crossing of a species of the genus Triticum and a species of the genus Secale	x Triticosecale Wittm. ex A. Camus – hybrids resulting from the crossing of a species of the genus Triticum and a species of the genus Secale	Triticale
Zea mays L. (partim)	Zea mays L. (partim)	maize (except popcorn and sweetcorn)
Fodder plants	Fodder plants	Fodder plants
Fine grasses:	Fine grasses:
	Agrostis caninaL.	velvet bent
	Agrostis capillarisL.	brown top
	Agrostis giganteaRoth	red top
	Agrostis stoloniferaL.	creeping bent grass
	Festuca filiformisPourr.	fine leaved sheep’s fescue
	Festuca ovinaL.	sheep’s fescue
	Festuca rubraL.	red fescue, Chewings fescue
	Festuca trachyphylla(Hack.) Krajina	hard fescue
	Poa annuaL.	annual meadowgrass
	Poa nemoralisL.	wood meadowgrass
	Poa pratensisL.	smooth-stalked meadowgrass
	Poa trivialisL.	rough-stalked meadowgrass
	xFestuloliumAsch. & Graebn. – Hybrids resulting from the crossing of a species of the genusFestucawith a species of the genusLolium	Festulolium
Fodder grasses:	Fodder grasses:
	Arrhenatherumelatius (L.) P.Beauv.ex J. Presl & C. Presl	tall oatgrass
	Bromus catharticus Vahl.	rescue grass
	Bromus sitchensis Trin.	Alaska brome-grass
	Dactylis glomerataL.	Cocksfoot
	Festuca arundinacea Schreber	tall fescue
	Festuca pratensis Huds.	meadow fescue
	Lolium multiflorum Lam.	Italian ryegrass including Westerwold ryegrass
	Lolium perenne L.	perennial ryegrass
	Lolium x hybridum Hausskn	hybrid ryegrass
	Phleum nodosum L.	small timothy
	Phleum pratenseL.	Timothy
Small seeded legumes:	Small seeded legumes:
	Lotus corniculatus L.	birdsfoot trefoil
	Medicago lupulina L.	trefoil, black medick
	Medicago sativa L.	Lucerne
	Medicago x variaT. Martyn	sand lucerne
	Onobrychis viciifolia Scop.	sainfoin
	Trifolium hybridum L.	Alsike clover
	Trifolium pratense L.	red clover
	Trifolium repens L.	white clover
Large seeded legumes:	Large seeded legumes:
	Lupinus albus L.	white lupin
	Lupinus angustifolius L.	narrow leaved lupin (previously known as blue lupin)
	Lupinus luteus L.	yellow lupin
	Pisum sativum L. (partim)	field pea
	Vicia faba L. (partim)	field bean
	Vicia pannonica Crantz	Hungarian vetch
	Vicia sativa L.	common vetch
	Vicia villosa Roth	hairy vetch
Crucifers:	Crucifers:
	Brassica napus L. var. napobrassica (L.) Rchb.	Swede
	Brassica oleracea L. convar. acephala (DC.) Alef. var. medullosa Thell. + var. viridis L.	fodder kale
	Raphanus sativus L. var. oleiformis Pers.	fodder radish
Oil and fibre plants	Oil and fibre plants	Oil and fibre plants
	Brassica juncea(L.) Czern.	brown mustard
	Brassica napus L. (partim)	swede rape (including plants commonly known as fodder rape and oilseed rape)
	Brassica nigra (L.) W.D.J. Koch	black mustard
	Brassica rapa L. var.silvestris (Lam.) Briggs	turnip rape
	Cannabis sativa L.	Hemp
	Glycine max (L.) Merr.	soya bean
	Helianthus annuus L.	Sunflower
	Linum usitatissimum L.	flax, linseed
	Sinapis alba L.	white mustard
Vegetables	Vegetables	Vegetables
	Allium cepaL.	–
	—Cepa Group	Onion, Echalion
	Allium porrum L.	Leek
	—all varieties
	Apium graveolens L.	–
	—Celery Group	–
	—Celeriac Group	–
	Asparagus officinalis L.	Asparagus
	—all varieties
	Beta vulgaris L.	–
	—Garden Beet Group	Beetroot including Cheltenham beet
	—Leaf Beet Group	Spinach beet or Chard
	Brassica oleracea L.	–
	—Kale Group	–
	—Cauliflower Group	–
	—Capitata Group	Red cabbage and White cabbage
	—Brussel Sprouts Group	–
	—Kohlrabi Group	–
	—Savoy Cabbage Group	–
	—Broccoli Group	Calabrese type and Sprouting type
	—Palm Kale Group	–
	—Tronchuda Group	Portuguese cabbage
	Brassica rapa L.	–
	—Chinese Cabbage Group	–
	—Vegetable Turnip Group	–
	Cichorium endivia L.	Endive
	—all varieties
	Cucumis melo L.	Melon
	—all varieties
	Cucumis sativus L.—Cucumber Group—Gherkin Group	–––
	Cucurbita maxima Duchesne	Gourd
	—all varieties
	Cucurbita pepo L.	Marrow, including mature pumpkin and scallop squash, or Courgette, including immature scallop squash
	—all varieties
	Daucus carota L.	Carrot and Fodder Carrot
	—all varieties
	Lactuca sativa L.	Lettuce
	—all varieties
	Solanum lycopersicum L.	Tomato
	—all varieties
	Petroselinum crispum (Mill.) Nyman ex A. W. Hill	–
	—Leaf Parsley Group	–
	—Root Parsley Group	–
	Phaseolus coccineus L.	Runner bean
	—all varieties
	Phaseolus vulgaris L.	–
	—Dwarf French Bean Group	–
	—Climbing French Bean Group	–
	Pisum sativum L.	–
	—Round Pea Group	–
	—Wrinkled Pea Group	–
	—Sugar Pea Group	–
	Raphanus sativus L.	–
	—Radish Group	–
	—Black Radish Group	–
	Spinacia oleracea L.	Spinach
	—all varieties
	Vicia faba L.	Broad bean
	—all varieties
	Zea mays L.	–
	—Sweet Corn Group	–
	—Popcorn Group	–
	Any hybrid of the vegetable species or Groups listed above

SCHEDULE 2 — Certification requirements

PART 1 — Beet

Scope of Part 1

1

This Part regulates the type of beet in Schedule 1.

Interpretation of Part 1

2

In this Part—

• (a) “monogerm seed” means seed that is genetically monogerm; and

• (b) “precision seed” means seed designed for use in precision drills to produce single seedlings.

Permitted types of beet seed

3

Beet seed must be—

• (a) pre-basic seed;

• (b) basic seed; or

• (c) certified seed.

Meaning of “pre-basic seed”

4

Pre-basic seed is seed—

• (a) produced from a generation prior to pre-basic seed by or under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; and

• (b) intended for the production of—

• (i) more pre-basic seed;

• (ii) basic seed; or

• (iii) with the breeder’s written authority, certified seed.

Meaning of “basic seed”

5

Basic seed is seed—

• (a) produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; and

• (b) intended for the production of certified seed.

Meaning of “certified seed”

6

Certified seed is seed that is of direct descent from basic seed and is intended for the production of beet.

Crop and seed requirements

7

• (1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(3)(A) (a) to (d) of, and Annex I(A) to, Council Directive 2002/54/EC on the marketing of beet seed[^f00017], and the crop must satisfy the conditions in that Annex.

• (2) The seed produced by the crop must be sampled in accordance with Article 9(2) and Annex II to that Directive, and must satisfy the conditions in Annex I(B) to that Directive.

• (3) It must be labelled in accordance with Schedule 3.

• (4) The maximum moisture content must not exceed 15% by weight.

• (5) Diseases and harmful organisms that reduce the usefulness of the seed must be at the lowest possible level.

• (6) For the purposes of this regulation, Council Directive 2002/54/EC is to be read as if—

• (a) in Article 2(3)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “licensed by the Secretary of State”;

• (b) in Annex 1—

• (i) in point A—

• (aa) in paragraph 3, for “certification authority” there were substituted “Secretary of State”;

• (bb) in the last paragraph, for the words from “the common” to “that Directive” there were substituted “GB Variety List”;

• (ii) in point B, in paragraph 3(c)—

• (aa) the reference to “Member States” were a reference to “The Secretary of State”;

• (bb) the reference to “Community” were omitted.

PART 2 — Cereals

CHAPTER 1 — Types of seed

Scope of Part 2

8

This Part regulates the types of cereal in Schedule 1.

Permitted types of cereal seed

9

• (1) Cereal seed must be—

• (a) pre-basic seed;

• (b) basic seed;

• (c) certified seed;

• (d) certified seed, first generation;

• (e) certified seed, second generation; or

• (f) seed of a higher voluntary standard.

• (2) The seed may be a mixture of cereal species of different varieties provided that each variety in the mixture is certified and is effective against the propagation of harmful organisms.

Meaning of “pre-basic seed” (including hybrids)

10

Pre-basic seed (including hybrids) is seed—

• (a) produced from a generation prior to pre-basic seed or from pre-basic seed by or under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; and

• (b) intended for the production of—

• (i) more pre-basic seed;

• (ii) basic seed; or

• (iii) with the breeder’s written authority, certified seed of categories CS, C1 or C2 (hybrid varieties may not be produced to C1 or C2).

Meaning of “basic seed”

11

Basic seed is seed complying with the following conditions.

Type of cereal	Type of cereal	Condition	Condition	Condition
Self-pollinating varieties of oats, naked oats, barley, rye, triticale, wheat, durum wheat and spelt wheat	Self-pollinating varieties of oats, naked oats, barley, rye, triticale, wheat, durum wheat and spelt wheat	The seed must be—	The seed must be—	The seed must be—
Self-pollinating varieties of oats, naked oats, barley, rye, triticale, wheat, durum wheat and spelt wheat	Self-pollinating varieties of oats, naked oats, barley, rye, triticale, wheat, durum wheat and spelt wheat	(a)	(a)	produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; and
	(b)	(b)	(b)	intended for the production of certified seed of categories CS C1 or C2
Hybrid varieties of oats, barley, rye, wheat, durum wheat, spelt wheat, triticale and maize	The seed must be intended for the production of hybrids	The seed must be intended for the production of hybrids	The seed must be intended for the production of hybrids	The seed must be intended for the production of hybrids
Maize spp open-pollinated varieties	The seed must be—	The seed must be—	The seed must be—	The seed must be—
			(a)	produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety;
			(b)	intended for the production of seed of this variety of the category ‘certified seed’ triple cross or of top cross hybrid variety or of intervarietal hybrids
Maize, inbred lines	Any seed	Any seed	Any seed	Any seed

Meaning of “certified seed”

12

Certified seed is seed—

• (a) of rye, maize, or triticale and hybrids of barley, oats, wheat, durum wheat, spelt wheat;

• (b) that has been produced directly from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed that satisfies the conditions for basic seed; and

• (c) that is intended for purposes other than the production of cereal seed.

Meaning of “certified seed, first generation”

13

Certified seed, first generation is seed—

• (a) of oats, barley, triticale, wheat, durum wheat or spelt wheat, other than hybrids in each case;

• (b) produced directly from basic seed or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed;

• (c) intended either for the production of seed of the category ‘certified seed, second generation’ or for purposes other than the production of cereal seed.

Meaning of “certified seed, second generation”

14

Certified seed, second generation is seed—

• (a) of oats, barley, triticale, wheat, durum wheat or spelt wheat, other than hybrids in each case;

• (b) produced directly from basic seed, from certified seed, first generation or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed;

• (c) intended for purposes other than the production of cereal seed.

Crop and seed requirements

15

• (1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(3)(A) (a) to (d) of, and Annex I to, Council Directive 66/402/EEC on the marketing of cereal seed[^f00018], and the crop must satisfy the conditions in that Annex.

• (2) The seed produced by the crop must be sampled in accordance with Article 7 of, and Annex III to, that Directive (except paragraphs 1a(f) and 1b of Article 7) and must satisfy the conditions in Annex II to that Directive.

• (2A) For the purposes of sub-paragraphs (1) and (2), Council Directive 66/402/EEC is to be read as if—

• (a) in Article 2(3)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Secretary of State ”;

• (b) in Article 7—

• (i) the reference to “Member States” were a reference to “The Secretary of State”;

• (ii) in paragraph 1a(a), for “seed certification authority of the Member State concerned” there were substituted “ Secretary of State ”.

• (3) The moisture content must not exceed 17% by weight.

• (4) The crop and the seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.

• (5) The crop and the seed produced by the crop must comply with the requirements concerning GB quarantine pests, PFA quarantine pests and RNQPs set out in implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.

CHAPTER 2 — Higher voluntary standards

Higher voluntary standards for cereals

16

• (1) Barley, oats, wheat (including durum wheat and spelt wheat) or naked oats classified as basic seed, or certified seed of categories C1 or C2, may be marketed as being of a higher voluntary standard, which is a standard higher than that regulated under Chapter 1, if it meets the higher standards in this Chapter.

• (2) The crop must have at least 99.99% (by number) species purity.

• (3) Other than a hybrid, the minimum varietal purity of seed is—

• (a) 99.95% for basic seed;

• (b) 99.9% for C1 seed;

• (c) 99.7% for C2 seed.

• (4) In the case of C1 and C2 the seed must have 99% by weight analytical purity.

Additional requirements for barley, wheat, durum wheat and spelt wheat

17

In the case of barley, wheat, durum wheat and spelt wheat—

• (a) the maximum number of wild oats in a crop is 7 per hectare.

• (b) the maximum percentage by number of loose smut infection in seed is—

• (i) 0.1% for basic seed;

• (ii) 0.2% for C1 and C2 seed.

Seed from other plants

18

The number of seeds from other plant species in a sample of 1000g must not exceed the following.

Category of seed sampled	All other plant species (including species specified in columns 3 to 6)	Other cereal species	All plant species other than cereals	Wild oats or darnel	Wild radish, corn cockle, sterile brome or couch
(a)Only in respect of wild radish and corn cockle.	(a)Only in respect of wild radish and corn cockle.	(a)Only in respect of wild radish and corn cockle.	(a)Only in respect of wild radish and corn cockle.	(a)Only in respect of wild radish and corn cockle.	(a)Only in respect of wild radish and corn cockle.
Basic seed	1	0	1	0	0
C1	2	1	1	0	1
C2	4	3	2	0	1

Ergot and sclerotia

19

In a sample of 1000g—

• (a) in the case of basic seed there must be no ergot or sclerotia;

• (b) in the case of certified seed (C1 or C2) there must be no more than one piece of ergot or sclerotia.

PART 3 — Fodder plants

CHAPTER 1 — Basic standards

Scope of Part 3

20

This Part regulates the types of fodder plants in Schedule 1.

Permitted types of fodder seed

21

• (1) Fodder seed must be—

• (a) pre-basic seed;

• (b) basic seed;

• (c) certified seed;

• (d) certified seed, first generation;

• (e) certified seed, second generation;

• (f) commercial seed; or

• (g) seed of a higher voluntary standard.

• (2) The seed may be a mixture of fodder species of different varieties provided that each variety in the mixture is certified.

Meaning of “pre-basic seed”

22

Pre-basic seed is seed—

• (a) produced from a generation prior to pre-basic seed by or under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; and

• (b) intended for the production of—

• (i) more pre-basic seed;

• (ii) basic seed; or

• (iii) with the breeder’s written authority, certified seed CS, C1 or C2.

Meaning of “basic seed”

23

• (1) Basic seed is seed of—

• (a) bred varieties; or

• (b) local varieties.

• (2) Seed of bred varieties is seed—

• (a) produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety;

• (b) intended for the production of certified seed.

• (3) Seed of local varieties is seed—

• (a) produced under official control from material officially accepted as being of the local variety on one or more holdings situated within a clearly demarcated region of origin;

• (b) intended for the production of certified seed.

Meaning of “certified seed”

24

Certified seed is seed (other than of field beans, field peas, lucerne (Medicago sativa), lupins and vetches)—

• (a) produced directly from basic seed or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed; and

• (b) intended for purposes other than the production of seed.

Meaning of “certified seed, first generation”

25

Certified seed, first generation in relation to field beans, field peas, lucerne (Medicago sativa),lupins and vetches is seed—

• (a) produced directly from basic seed or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed; and

• (b) intended for—

• (i) the production of certified seed, second generation (in the case of field beans and field peas only); or

• (ii) purposes other than the production of seed (in all cases).

Meaning of “certified seed, second generation”

26

Certified seed, second generation in relation to field beans, field peas, lucerne (Medicago sativa), lupins and vetches is seed—

• (a) produced directly from basic seed, from certified seed, first generation (C1) or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed; and

• (b) intended for purposes other than the production of seed of fodder plants.

Meaning of “commercial seed”

27

Commercial seed is seed of annual meadowgrass, Hungarian vetch or sainfoin that is identifiable as belonging to a species.

Crop and seed requirements

28

• (1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(3)(A) (a) to (d) of, and Annex I to, Council Directive 66/401/EEC on the marketing of fodder plant seed[^f00019], and the crop must satisfy the conditions in that Annex.

• (1A) For the purposes of sub-paragraph (1), Council Directive 66/401/EEC is to be read as if—

• (a) in Article 2(3)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Secretary of State ”;

• (b) in Annex 1, in paragraph 4, in the second sub-paragraph, the words from “Upon” to the end were omitted.

• (2) The seed produced by the crop must be sampled in accordance with Annex III to that Directive, and must satisfy the conditions in Annex II to that Directive.

• (3) The crop and the seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.

• (4) The crop and seed produced by the crop must comply with the requirements concerning GB quarantine pests, PFA quarantine pests and RNQPs set out in implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.

CHAPTER 2 — Higher voluntary standards

Higher voluntary standards for fodder seed

29

The following may be marketed as seed of a higher voluntary standard—

• (a) cocksfoot, festulolium, hybrid ryegrass, Italian ryegrass, meadow fescue, perennial ryegrass, red clover, red fescue, sainfoin, small timothy, timothy, smooth stalked meadow grass, tall fescue and white clover, where any of these are classified as certified seed (CS);

• (b) lucerne, classified either as certified seed of the first generation (C1) or certified seed of the second generation (C2).

Minimum standards for purity and other species of seed in the sample

30

The sample taken under paragraph 28(2) for the purposes of Council Directive 66/401/EEC must have the minimum standards set out in the following table.

Column header	Minimum analytical purity (%by weight)	Total weight of all other species (%by weight	Total weight of a single other species (%by weight	Seed of Rumex spp excluding R acetosella and R maritimus	Seed of couch	Seed of blackgrass	Limits of other specific species
Fine grasses
festulolium	98	1.5	0	0	10	0
red fescue	95	1.5	0.5	5	10	10	The sample must have no more than four seeds ryegrass, cocksfoot, meadow fescue and 0.3% rough stalked meadow grass
smooth-stalked meadowgrass	90	1.5	0.5	2	3	3	Maximum of 0.4% by weight of seed of other meadowgrass
Fodder grasses
cocksfoot	90	1.5	0.5	5	10	10
meadow fescue, tall fescue	98	1.5	0.5	5	10	10	0.3% rough stalked meadow grass, 0.3% ryegrass
hybrid ryegrass, Italian ryegrass, perennial ryegrass	98	1.5	0.5	5	10	10	0.4% annual meadowgrass, 0.3% rough stalked meadow grass
small timothy, timothy	98	1.5	0.5	4	10	10	0.3% Agrostis spp
Small seeded legumes
lucerne, red clover, white clover	98	1.5	0.5	10	10	10	0.3% Melitotus spp
sainfoin	98	1.5	0.5	5	10	10	0.3% Melitotus spp

PART 4 — Oil and fibre

Scope of Part 4

31

This Part regulates the types of oil and fibre plants in Schedule 1.

Permitted types of oil and fibre seed

32

Oil and fibre seed must be—

• (a) pre-basic seed;

• (b) basic seed;

• (c) certified seed;

• (d) certified seed, first generation;

• (e) certified seed, second generation;

• (f) certified seed, third generation; or

• (g) commercial seed.

Meaning of “pre-basic seed”

33

• (1) “Pre-basic seed” is seed of a generation prior to basic seed—

• (a) that has been produced by or under the responsibility of the breeder according to well-defined practices for the maintenance of the variety, and

• (b) intended to be used for the production of more pre-basic seed, basic seed, or with the breeder’s written authority—

• (i) in the case of black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape or white mustard, CS seed;

• (ii) in the case of monoecious hemp or soya bean, C1 or C2 seed;

• (iii) in the case of flax or linseed, C1, C2 or C3 seed.

• (2) But in relation to a component of a hybrid variety, “pre-basic seed” means seed of a generation prior to basic seed that is intended to be used for the production of—

• (a) more pre-basic seed;

• (b) basic seed; or

• (c) with the breeder’s written authority, CS seed.

Meaning of “basic seed” for non-hybrid varieties

34

In the case of a non-hybrid variety, basic seed is seed—

• (a) produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety;

• (b) intended for the production of—

• (i) certified seed,

• (ii) certified seed, first generation,

• (iii) certified seed, second generation; or

• (iv) certified seed, third generation.

Meaning of “basic seed” for inbred lines

35

In the case of an inbred line, basic seed is seed of an inbred line of a hybrid that satisfies the conditions for basic seed.

Meaning of “basic seed” for simple hybrids

36

In the case of a simple hybrid, basic seed is seed intended for the production of hybrids.

Meaning of “certified seed”

37

Certified seed is seed of black, brown and white mustard, dioecious hemp, sunflower. swede rape or turnip rape—

• (a) produced directly from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed that satisfies the conditions for basic seed;

• (b) intended for purposes other than the production of seed of oil or fibre plants.

Meaning of “certified seed, first generation”

38

Certified seed, first generation is seed of monoecious hemp, flax, linseed or soya—

• (a) produced directly from basic seed or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed;

• (b) intended either for the production of—

• (i) certified seed, second generation;

• (ii) where appropriate, certified seed, third generation; or

• (iii) for purposes other than the production of seed of oil or fibre plants.

Meaning of “certified seed, second generation”

39

• (1) Certified seed, second generation is seed of flax, linseed, soya or monoecious hemp.

• (2) In the case of flax, linseed, soya, it is seed—

• (a) produced directly from basic seed, from certified seed of the first generation or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed; and

• (b) intended for—

• (i) purposes other than the production of seed or,

• (ii) where appropriate, the production of certified seed, third generation seed.

• (3) In the case of monoecious hemp it is seed—

• (a) produced directly from certified seed of the first generation established and officially controlled with a view to the production of certified seed of the second generation; and

• (b) intended for the production of hemp to be harvested in flower.

Meaning of “certified seed, third generation”

40

Certified seed, third generation is seed from flax or linseed—

• (a) of direct descent from basic seed, from certified seed of the first or second generation or, if the breeder so requests, from seed of a generation prior to basic seed; and

• (b) intended for purposes other than the production of seed.

Meaning of “commercial seed”

41

Commercial seed (black mustard seed only) is seed that is identifiable as belonging to a species.

Crop and seed requirements

42

• (1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(5)(A) (a) to (d) of, and Annex I to, Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants[^f00020], and the crop must satisfy the conditions in that Annex.

• (1A) For the purposes of sub-paragraph (1), Council Directive 2002/57/EC is to be read as if—

• (a) in Article 2(5)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Secretary of State ”;

• (b) in Annex 2, in Part 1, in paragraph 5C, the last sub-paragraph were omitted.

• (2) The seed produced by the crop must be sampled in accordance with Annex III to that Directive and must satisfy the conditions in Annex II to that Directive.

• (3) The crop and the seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.

• (4) The crop and seed produced by the crop must comply with the requirements concerning GB quarantine pests, PFA quarantine pests and RNQPs set out in implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.

Requirements for a varietal association

43

• (1) Seed marketed as a varietal association must comply with this paragraph.

• (2) The varietal association must be an association of certified CS seed of a specified pollinator-dependant hybrid variety with certified CS seed of one or more specified pollinator varieties both of which have been accepted on to the GB Variety List.

• (3) The seed of the female and male components of a varietal association must have been dressed using seed dressings of different colours.

• (4) The seed must be mechanically combined in the proportions jointly determined by the persons responsible for the maintenance of these components.

• (5) The proportions must be notified to the Secretary of State by the person responsible for the maintenance of the pollinator-dependent hybrid and pollinators with the varietal association.

• (6) In this paragraph—

• (a) “pollinator-dependent hybrid” means the male-sterile component within the varietal association (female component);

• (b) “pollinator” means a component shedding pollen within a varietal association.

PART 5 — Vegetables

Scope of Part 5

44

This Part regulates the types of vegetables in Schedule 1.

Permitted types of vegetable seed

45

• (1) Vegetable seed must be—

• (a) pre-basic seed;

• (b) basic seed;

• (c) certified seed; or

• (d) standard seed.

• (2) The seed may be a mixture of different varieties of the same vegetable species provided that each variety in the mixture is standard seed.

Meaning of “pre-basic seed”

46

Pre-basic seed is seed—

• (a) produced from a generation prior to pre-basic seed by or under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; and

• (b) intended for the production of—

• (i) more pre-basic seed;

• (ii) basic seed; or

• (iii) with the breeder’s written authority, certified seed.

Meaning of “basic seed”

47

• (1) Basic seed is seed—

• (a) produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety;

• (b) intended for the production of certified seed.

• (2) For the avoidance of doubt this includes seeds intended as a component of a hybrid variety of vegetable.

Meaning of “certified seed”

48

Certified seed is seed—

• (a) produced directly from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed that satisfies the conditions for basic seed;

• (b) intended mainly for the production of vegetables.

Meaning of “standard seed”

49

Standard seed is seed that is intended mainly for the production of vegetables and has been approved by the Secretary of State as having sufficient varietal purity and varietal identity.

Crop and seed requirements

50

• (1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(4)(A) (a) to (d) of, and Annex I to, Council Directive 2002/55/EC on the marketing of vegetable seed[^f00021], and the crop must satisfy the conditions in that Annex.

• (2) The seed produced by the crop must be sampled in accordance with Article 25 (except paragraphs 1a(f) and 1b) of, and Annex III to, that Directive and must satisfy the conditions in Annex II to that Directive.

• (2A) For the purposes of sub-paragraphs (1) and (2), Council Directive 2002/55/EC is to be read as if—

• (a) in Article 2(4)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Secretary of State ”;

• (b) in Article 25—

• (i) references to “Member States” were references to “the Secretary of State”;

• (ii) in paragraph 1a(a), for “seed certification authority of the Member State concerned” there were substituted “ Secretary of State ”.

• (3) Sub-paragraph (1) does not apply in the case of standard seed.

• (4) The crop and seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.

• (4A) The crop and seed produced by the crop must comply with the requirements concerning GB quarantine pests, PFA quarantine pests and RNQPs set out in implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.

• (5) After marketing, vegetable seed is subject to control by the Secretary of State for varietal identity and varietal purity.

SCHEDULE 3 — Labelling and loose sales

PART 1 — Introduction

Types of label

1

• (1) There are two types of label for seed, official labels and supplier’s labels.

• (2) A supplier’s label must be used on a package of breeder’s seed, and may be used on a small package of seed specified in Part 4 of this Schedule and on a package of standard vegetable seed of any size.

• (3) An official label must be used on any other package of seed.

Time of labelling

2

A package must be labelled at the time of sealing.

Genetically modified varieties

3

If a variety has been genetically modified, this must be stated on the label.

Chemical treatment of seed

4

If seed has been subjected to any chemical treatment, this fact and the nature of the treatment or the proprietary name of the chemical used must be stated on the label.

PART 2 — Official labels

Official labels: general requirements

5

• (1) An official label is a label supplied by the Secretary of State.

• (2) It must be on the outside of the package.

• (3) It must not have been previously used.

• (4) It must be adhesive, or secured by a sealing device approved by the Secretary of State.

• (5) It must be in English, but may also be in other languages.

• (6) It must be at least 110 mm x 67 mm.

• (7) It must have a unique number.

• (8) It must be fixed to the package by an authorised officer of the Secretary of State, a licensed seed sampler or any person being supervised by such a person.

• (9) By way of derogation from the above, in the case of cereal seed, fodder seed and oil and fibre seed, classified in each case as CS, C1, C2 or C3, the whole bag may be used as the label, provided that this is done with the approval of the Secretary of State and the bag is the same colour as is required for the label.

Official labels for pre-basic seed

6

• (1) The following must appear on an official label on pre-basic seed—

• (a) the name and country or country initials of the certification authority;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the reference number of the seed lot;

• (d) the country of production;

• (e) the month and year of sealing expressed as “sealed …” (month and year);

• (f) the species (this must be the botanical name, which may be given in abridged form and without the authors’ names, except that, in the case of beet or vegetable seed, the common name may be used);

• (g) the variety;

• (h) the description “pre-basic” or “PB”;

• (i) the declared net or gross weight or number of seeds (or, in the case of beet, the declared number of clusters or pure seed);

• (j) where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and the approximate ratio between the weight of the seed and the total weight (or, in the case of beet, the ratio between the weight of pure seed and the total weight);

• (k) the number of generations preceding the category “certified seed (CS) ” or “certified first generation (C1) seed”.

• (2) The label must be white with a diagonal violet stripe.

Official labels for basic seed and certified seed

7

• (1) The following must appear on an official label on certified seed—

• (a) the words “GB rules and standards”;

• (b) the name and country or country initials of the certification authority;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) the reference number of the seed lot;

• (e) either—

• (i) the month and year of sealing expressed as “sealed …” (month and year); or

• (ii) the month and year of the last official sampling for the purposes of certification expressed as “sampled …” (month and year);

• (f) the species (this must be the botanical name, either in full or in abridged form except that, in the case of beet or vegetable seed, the common name may be used);

• (g) the variety;

• (h) the category;

• (i) the country of production;

• (j) the declared net or gross weight or number of seeds or in the case of beet the declared number of clusters of pure seed;

• (k) where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and the approximate ratio between the weight of the seed and the total weight (or, in the case of beet, the ratio between the weight of pure seed and the total weight);

• (l) where the germination has been retested the word “retested” followed by the month and year of re-testing.

• (2) The label must be coloured—

• (a) white for basic seed;

• (b) blue for certified seed and certified seed of the first generation;

• (c) red for certified seed of the second and third generation.

Official labels for commercial seed not certified as to variety

8

• (1) The following must appear on an official label on commercial seed not certified as to variety—

• (a) the words “GB rules and standards”;

• (b) the name and country or country initials of the certification authority;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) the reference number of the seed lot;

• (e) either—

• (i) the month and year of sealing expressed as “sealed …” (month and year); or

• (ii) the month and year of the last official sampling for the purposes of certification expressed as “sampled …” (month and year);

• (f) the species (this must be the botanical name, either in full or in abridged form except that, in the case of beet or vegetable seed, the common name may be used);

• (g) the words “commercial seed not certified as to variety”;

• (h) the country or region of production;

• (i) the declared net or gross weight or number of seeds;

• (j) where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and the approximate ratio between the weight of the seed and the total weight;

• (k) where the germination has been retested the word “retested” followed by the month and year of re-testing.

• (2) The label must be coloured brown.

Labelling mixtures

9

• (1) The following must appear on an official label on a mixture of seed—

• (a) the name and country or country initials of the authority responsible for sealing the package;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the reference number of the seed lot;

• (d) the month and year of sealing expressed as “sealed . . . .” (month and year);

• (e) the species, category, variety, country of production and proportion by weight of each of the components;

• (f) the declared net or gross weight, or declared number of seeds;

• (g) where the weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and the approximate ratio between the weight of the pure seed and the total weight;

• (h) where the germination of all the components of the mixture has been retested, the word “retested” followed by the month and year of re-testing;

• (i) in the case of cereals the words “mixture of ” followed by the species and varieties and a qualifying statement that the mixture is effective against the propagation of a harmful organism;

• (j) in the case of fodder plants the words “mixture of seeds for” followed by an indication of the intended use.

• (2) But for fodder mixtures registered with the Secretary of State, provided the label shows the registered name of the mixture, the percentage by weight of each of the components may be omitted provided that—

• (a) this information is supplied to the customer on request, and

• (b) customers are informed that they can request these details.

• (3) The label must be coloured green.

PART 3 — Additional requirements for official labels for specific species

Introduction

10

The following requirements for specific species are in addition to the requirements in Part 2.

Additional requirements for beet seed

11

An official label for beet seed must specify—

• (a) “monogerm” or “precision” as appropriate;

• (b) “fodder beet” or “sugar beet” as appropriate.

Additional requirements for cereal seed

12

• (1) An official label for C1 and C2 naked barley must include the words “minimum germination capacity 75%”.

• (2) An official label for basic cereal seed of varieties that are hybrids or inbred lines must include—

• (a) for basic seed where the hybrid or inbred line to which the seed belongs has been accepted on to the GB Variety List, the name under which it has been officially accepted, with or without reference to the final variety, and if the seed is intended solely as a component for final varieties the word “component”;

• (b) for basic seed in other cases the name of the component to which the basic seed belongs, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female) by the word “component”.

• (3) An official label for certified cereal seed (CS, C1 or C2) of varieties that are hybrids or inbred lines must include the word “hybrid” after the variety.

• (4) Where seed is marketed as being of the higher voluntary standard the label must contain the letters HVS.

Additional requirements for fodder seed

13

An official label for fodder seed must include—

• (a) for certified seed, second and subsequent generations, the number of generations after basic seed;

• (b) in the case of seed of grass varieties in respect of which no official examination of their value for cultivation and use has been carried out the words “Not intended for fodder production”;

• (c) where seed is marketed at the higher voluntary standard the letters HVS.

Additional requirements for oil and fibre seed

14

• (1) An official label for basic oil and fibre seed of varieties that are hybrids or inbred lines must include—

• (a) for basic seed where the hybrid or inbred line to which the seed belongs has been officially accepted on to the GB Variety List, the name under which it has been officially accepted, with or without reference to the final variety, and if the seed is intended solely as a component for final varieties the word “component”;

• (b) for basic seed in other cases the name of the component to which the basic seed belongs, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female) by the word “component”.

• (2) An official label for certified oil and fibre seed (CS, C1 or C2) of varieties that are hybrids or inbred lines must include the word “hybrid” after the variety.

• (3) An official label for certified seed of a varietal association must be blue with a diagonal green line.

PART 4 — Supplier’s labels

Meaning of “supplier’s label”

15

A supplier’s label is a label that has not been provided by the Secretary of State.

Labelling a package

16

A supplier’s label must either be attached to the package in the same way as an official label or printed indelibly on the package.

References to weights in this Part

17

In this Part references to the weight excludes any granulated pesticides, pelleting substances or other solid additives.

Breeder’s seed: supplier’s labels

18

• (1) The following must appear on a supplier’s label on a package of breeder’s seed—

• (a) the name, address and registration number of the supplier responsible for attaching the label;

• (b) the reference number of the seed lot;

• (c) the species;

• (d) the variety;

• (e) the words “breeder’s seed”;

• (f) the declared net or gross weight or number of seeds.

• (2) The label must be buff-coloured.

Beet seed: supplier’s labels

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• (1) A supplier’s label may be used on a small package of beet seed.

• (2) A small package of beet seed (known as a “small ... package”) is a package that—

• (a) in the case of basic and certified beet seed of precision or monogerm varieties, either weighs not more than 2.5 kg or consists of not more than 100,000 clusters;

• (b) for all other beet seed weighs not more than 10kg.

• (3) The label must be the same colour as the official label for that category of seed.

• (4) The following must appear on the label—

• (a) the words “Small ... package”;

• (b) the name, address and identification number of the person affixing the label;

• (c) the serial number;

• (d) the service that assigned the serial number;

• (e) the name or initials of the country of production;

• (f) the reference number if the official serial number does not enable the lot to be identified;

• (g) the species;

• (h) either sugar beet or fodder beet as appropriate;

• (i) the variety;

• (j) the category;

• (k) the net or gross weight or number of clusters or pure seeds;

• (l) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of clusters or pure seeds and the total weight;

• (m) either “monogerm” or “precision” as appropriate.

Cereal seed: supplier’s labels

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• (1) A supplier’s label may be used on a small package of cereal seed.

• (2) A small package of cereal seed is a package of any certified seed, or any mixture of certified seed, not exceeding 15kg.

• (3) The label must be the same colour as the official label for that category of seed.

• (4) The following must appear on the label—

• (a) the words “GB rules and standards”;

• (b) the name and address and registration number of the supplier responsible for affixing the label;

• (c) the reference number of the seed lot;

• (d) the species;

• (e) the variety;

• (f) the category;

• (g) the declared net weight or declared number of seeds;

• (h) for hybrid varieties of maize, the word “hybrid”;

• (i) in the case of C1 and C2 seed of naked barley, the words “minimum germination capacity 75%”.