Beet Seeds Regulations 1976
| Jurisdiction | UK Non-devolved |
| Citation | SI 1976/1068 |
| Year | 1976 |
1976 No. 1068
SEEDS
The Beet Seeds Regulations 19765thJuly 1976
15thJuly 1976
5thAugust 1976
The Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly, in exercise of the powers vested in them by sections 16(1), (1A), (2), (3), (4), (5) and (8), 17(1), (2), (3) and (4), 24(5), 26(2) and (3) and 36 of the Plant Varieties and Seeds Act 1964(a) as amended by section 4(1) of, and paragraph 5(1), (2) and (3) of Schedule 4 to, the European Communities Act 1972(b) and of all other powers enabling them in that behalf, after consultation with representatives of such interests as appear to them to be concerned, hereby make the following regulations:—
Application, citation and commencement
1. These Regulations, which apply to Great Britain, may be cited as the Beet Seeds Regulations 1976, and shall come into operation on 5th August 1976.
Revocation of previous Regulations
2. The Beet Seeds Regulations 1974(c) are hereby revoked.
Interpretation
3.—(1) A reference in these Regulations to a numbered regulation or schedule shall be construed as a reference to the regulation or schedule bearing that number in these Regulations.
(2) In these Regulations, unless the context otherwise requires—
"The Act" means the Plant Varieties and Seeds Act 1964 as amended by section 4(1) of and Schedule 4 to the European Communities Act 1972;
"beet seeds" means seeds of the description specified in Schedule 1;
"Common Catalogue" means the Common Catalogue of varieties of kinds of agricultural plants published in the Official Journal of the European Communities;
"maintainer" means a person who is indicated in a National List or in the Common Catalogue as responsible for the maintenance of the beet variety;
"marketing" includes, as the context shall permit, the offer for sale, exposure for sale, sale and possession with a view to sale of seeds, and any transaction in the course of business—
(a) under which the property in seeds is transferred from one person to another, or
(a) 1964 c. 14.
(b) 1972 c. 68.
(c) S.I. 1974/898 (1974 II, p. 3442).
(b) under which the seeds are made over by one person to another in pursuance of a contract under which the seeds will be used for producing further seeds or for producing plants or parts of plants for human or animal consumption, and "market" and "marketed" shall be construed accordingly;
"Member State" means a member state of the European Communities;
"the Minister" means, in relation to England and Wales, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland, the Secretary of State, and "the Ministers" means the said two Ministers acting jointly;
"monogerm seeds" means genetically monogerm seeds with the percentage of the germinated clusters producing single seedlings being not less than the minimum specified in Part II of Schedule 2;
"National List" means a list of varieties of kinds of beet published in accordance with The Seeds (National Lists of Varieties) Regulations 1973(a) or any Regulations made under the Act by which the same may be superseeded;
"official examination" means an examination carried out by or on behalf of the Minister, subject to the payment of any fee imposed by Regulations made under the Act, an examination carried out by or on behalf of the Department of Agriculture for Northern Ireland or, in relation to seeds harvested elsewhere than in the United Kingdom, an examination approved by the Minister;
"official label" and "official notice" mean respectively a label and a notice prepared by or on behalf of the Minister;
"precision seeds" means seeds intended for use in precision drills with the percentage of seeds producing single seedlings being not less than the minimum specified in Part II of Schedule 2;
"seeds" means beet seeds;
"small package" means a package of seeds containing no more than a net weight of 2·5 kilograms of seeds other than pelleted seeds or of 12·5 kilograms of pelleted seeds;
"small EEC package" means a package of certified seeds containing—
(a) in the case of monogrem or precision seeds, not more than 100,000 clusters or no more than a net weight of 2·5 kilograms, and
(b) in the case of seeds other than monogerm or precision seeds, no more than a net weight of 10 kilograms,
excluding in each case the weight of any granulated pesticides, pelleting substances or other solid additives.
(3) In these Regulations, in relation to the categories of seeds referred to herein—
"pre-basic seeds" means seeds of a generation earlier than that of basic seeds—
(a) which have been produced by or under the responsibility of the maintainer,
(b) which are intended for the production of pre-basic seeds, uncertified pre-basic seeds, basic seeds or certified seeds, and
(c) which satisfy the requirements for basic seeds set out in Schedule 2 and which have on an official examination been found to satisfy those requirements;
(a) S.I. 1973/994 (1973 II, p. 3024).
"uncertified pre-basic seeds" means seeds of a generation earlier than that of basic seeds—
(a) which have been produced in the United Kingdom by or under the responsibility of the maintainer, and
(b) which are intended for the production of pre-basic seeds, uncertified pre-basic seeds or basic seeds;
"basic seeds" means seeds—
(a) which have been produced by or under the responsibility of the maintainer,
(b) which are intended for the production of certified seeds, and
(c) which satisfy the requirements for basic seeds set out in Schedule 2 and which have on an official examination been found to satisfy those requirements;
"certified seeds" means seeds—
(a) which have been produced directly from basic seeds,
(b) which are intended to be used mainly for the production of plants or parts of plants for human or animal consumption, and
(c) which satisfy the requirements for certified seeds set out in Schedule 2 and which have on an official examination been found to satisfy those requirements.
(4) The Interpretation Act 1889(a) shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament and as if these Regulations and the Regulations hereby revoked were Acts of Parliament.
Seeds to which the Regulations apply
4.—(1) Subject to paragraphs (2) and (3) of this regulation, these Regulations apply to seeds intended to be used only for the production of agricultural or horticultural crops.
(2) These Regulations shall not apply to—
(a) seeds which are marketed for delivery elsewhere than in a Member State,
(b) seeds used or to be used for research or experiment,
(c) seeds used or to be used in the course of a process of selection, and
(d) seeds which are marketed with a view to processing, treatment or cleaning, provided that the identity of the seeds is stated by the person by whom they are marketed.
(3) Where a person makes arrangements under which some other person uses seeds under the control of the first-mentioned person for the purpose of increasing the first-mentioned person's stock of seeds for sowing or of carrying out tests or trials and under which the whole of the material produced, directly or indirectly, from the seeds, and any unused seeds, become or remain the property of the first-mentioned person these Regulations shall not apply to the marketing of the seeds by the first-mentioned person to the other person as part of the arrangements or to the marketing by that other person to the first-mentioned person of seeds produced, directly or indirectly, from those seeds.
(a) 1889 c.63.
Marketing of Seeds
5.—(1) Subject to the provisions of this regulation no person shall market any seeds unless they are seeds of plant varieties which may be marketed in accordance with Regulation 31 of the Seeds (National Lists of Varieties) Regulations 1973 or any other Regulations made whereby the same may be superseded and unless they are—
(a) pre-basic seeds, uncertified pre-basic seeds, basic seeds or certified seeds,
(b) seeds which have been produced, packaged and officially sealed in a Member State other than the United Kingdom and labelled appropriately in accordance with the requirements of regulation 9(1), (2), (3), (5), (8) and (10),
(c) seeds which have been produced elsewhere than in a Member State and which are marketed in accordance with and subject to the conditions imposed by a general licence granted by the Ministers under the authority of this paragraph.
(2) Paragraph (1) of this regulation shall not prevent the marketing of kinds of varieties of beet seeds included in mixtures of seeds permitted by the Fodder Plant Seeds Regulations 1974(a), or any other Regulations whereby the same may be superseded, where each of the constituents to which these Regulations apply consists of either basic seeds or certified seeds marketed in accordance with paragraph (1) of this regulation.
(3) The Minister may, by a general licence taking effect during a period specified in the licence and subject to any conditions imposed by the licence,
(a) authorise any person to market as pre-basic seeds, basic seeds or certified seeds, seeds which fail in some respect to satisfy the requirements for such seeds set out in Schedule 2,
(b) modify the labelling requirements set out in Schedule 5,
(c) authorise any person to market seeds which, notwithstanding the requirements of the Seeds (National Lists of Varieties) Regulations 1973 or any other regulations made whereby the same may be superseded, are of a variety not entered in a National List or in the Common Catalogue,
provided that in all other respects, unless expressly otherwise provided, the provisions of these Regulations shall apply in relation to the marketing of the seeds.
(4) Any person may market in relation to a sale or proposed sale to a person engaged in the business of trading in seeds other than by way of retail sale seeds which have been imported from a country other than a Member State notwithstanding that such marketing would otherwise be...
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