Beet Seeds Regulations 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/978 |
| Year | 1985 |
1985 No. 978
SEEDS
The Beet Seeds Regulations 198526thJune 1985
10thJuly 1985
1stAugust 1985
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 16(1), (1A), (2), (3), (4), (5) and (8), 17(1), (2), (3) and (4) and 36 of the Plant Varieties and Seeds Act 1964 (a) and now vested in them (b) and of all other powers enabling them in that behalf, after consultation in accordance with the said section 16(1) with representatives of such interests as appear to them to be concerned, hereby make the following regulations:—
Title, extent and commencement
1. These regulations may be cited as the Beet Seeds Regulations 1985, shall apply to Great Britain and shall come into operation on 1st August 1985.
Revocation of previous regulations
2. The Beet Seeds Regulations 1976 (c) and the Beet Seeds (Amendment) Regulations 1979 (d) are hereby revoked.
Interpretation
3.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Plant Varieties and Seeds Act 1964;
"Common Catalogue" means the Common Catalogue of varieties of kinds of agricultural plants published in the Official Journal of the European Communities;
"maintainer" means a person who is indicated in a National List or in the Common Catalogue as responsible for maintaining a plant variety in accordance with the characteristics to which regard was had when the plant variety was entered in the List or the Common Catalogue;
"marketing" includes the offer for sale, exposure for sale, sale and possession with a view to sale of seeds and any transaction in the course of business—
(a) under which the property in seeds is transferred from one person to another, or
(a) 1964 c.14; section 16 was amended by the European Communities Act 1972 (c.68), section 4(1) and paragraph 5(1), (2) and (3) of Schedule 4.
(b) In the case of the Secretary of State for Wales by virtue of S.I. 1978/272.
(c) S.I. 1976/1068.
(d) S.I. 1979/1004.
(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 Communities;
"the Minister" means, as respects England, the Minister of Agriculture, Fisheries and Food and, as respects Scotland or Wales, the Secretary of State, and "the Ministers" means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales acting jointly;
"monogerm seed" means seed produced on genetically monogerm plants, the percentage of germinated clusters producing single seedlings being not less than the minimum specified in Part II of Schedule 4;
"National List" means a list of varieties of kinds of beet seeds for the time being published in accordance with The Seeds (National Lists of Varieties) Regulations 1982 (a);
"natural seed" means seed of non-monogerm varieties, which have not been processed as precision seeds;
"official certificate" means a certificate issued by the Minister in accordance with Schedule 2 subject to the payment of any fees payable under seeds regulations and containing in respect of the seed to which it relates the particulars specified in Schedule 3 and "officially certified" shall be construed accordingly;
"official examination" means—
(a) an examination carried out by or on behalf of the Minister, subject to an application for such examination having been made to the Minister in such form and manner and at such time as the Minister may, at his discretion, require and to the payment of any fees payable under seeds regulations,
(b) an examination carried out by or on behalf of the Department of Agriculture for Northern Ireland, or
(c) in relation to seeds produced elsewhere than in the United Kingdom, an examination approved by the Minister;
"official label" means a label issued or authorised by the Minister, subject to the payment of any fees payable under seeds regulations, and "official inner label" shall be construed accordingly;
"precision seed" means seed processed 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 4;
"seed lot" means an identifiable consignment of seeds of a weight not exceeding that specified in Part II of Schedule 5, bearing a unique reference number, in which the seeds shall have been so mixed or blended that, as far as is practicable, the seed lot shows no evidence of heterogeneity;
"seeds regulations" means regulations made under section 16 of the Act and for the time being in force;
"small package" means a package of Basic Seed containing a net weight of not more than 2.5 kilograms of seeds other than pelleted seeds or a net weight of not more than 12.5 kilograms of pelleted seeds;
(a) S.I. 1982/844.
"small EEC package" means a package of Certified Seed containing—
(a) in the case of monogerm or precision seeds, not more than 100,000 clusters or a net weight of not more than 2.5 kilograms of seeds, and
(b) in the case of seeds other than monogerm or precision seeds, a net weight of not more than 10 kilograms of seeds,
excluding (in each case) the weight of any granulated pesticides, pelleting substances or other solid additives.
(2) A reference in these regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these regulations.
(3) In these regulations—
"Uncertified Pre-basic Seed" means seeds of a generation earlier than that of Basic Seed—
(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 Uncertified Pre-basic Seed, Pre-basic Seed or Basic Seed;
"Pre-basic Seed" means seeds of a generation earlier than that of Basic Seed—
(a) which have been produced by or under the responsibility of the maintainer,
(b) which are intended for the production of Pre-basic Seed, Basic Seed or, with the written authority of the maintainer and the Minister, Certified Seed, and
(c) which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
"Basic Seed" means seeds—
(a) which have been produced by or under the responsibility of the maintainer from Uncertified Pre-basic Seed or Pre-basic Seed,
(b) which are intended for the production of Certified Seed, and
(c) which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
"Certified Seed" means seeds—
(a) which have been produced directly from Basic Seed or, with the written authority of the maintainer and the Minister, from Pre-basic Seed,
(b) which are intended to be used mainly for the production of plants or parts of plants for human or animal consumption, and
(c) which satisfy the requirements for Certified Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2.
(4) For the purposes of these regulations, seeds marketed in accordance with regulation 5(1)(b) or (c) below shall be deemed to fall within the meaning of the appropriate category of seeds set out in paragraph (3) above.
Seeds to which the regulations apply
4.—(1) Subject to paragraphs (2) and (3) below, these regulations apply to beet seeds of the kinds set out in Schedule 1 being 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, where the identity of the seeds is stated by the person by whom they are marketed.
(3) Where a person ("the first person") makes an arrangement under which some other person ("the second person") uses seeds which are under the control of the first person for the purpose of—
(a) increasing the first person's stock of seeds for sowing, or
(b) carrying out tests or trials thereon,
and under that arrangement the whole of the material produced from the seeds (whether directly or indirectly) and any unused seeds become or remain the property of the first person, these regulations shall not apply to the marketing of the seeds by the first person to the second person as part of that arrangement or to the marketing by the second person to the first person of seeds produced (whether directly or indirectly) from those seeds.
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, for the time being, be marketed in accordance with Regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982, unless they are marketed in seed lots or in parts of seed lots and unless they are—
(a) Uncertified Pre-basic Seed, Pre-basic Seed, Basic Seed or Certified Seed, or
(b) seeds which have been produced and packaged in a Member State other than the United Kingdom, which have been labelled appropriately in accordance with the requirements of regulation 9(1), (2), (3), (5), (6), (7) and (9) and which—
(i) in the case of a small package of seeds or a small EEC package of seeds, have been sealed in accordance with regulation 8(3), or
(ii) in the case of all other seeds, have been officially sealed in a Member State other than the United Kingdom, or
(c) seeds which have been produced elsewhere than in a Member State and...
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