Fodder Plant Seeds (Amendment) (Wales) Regulations 2001
| Jurisdiction | UK Non-devolved |
2001 No. 3665 (W.297)
SEEDS, WALES
The Fodder Plant Seeds (Amendment) (Wales) Regulations 2001
Made 8th November 2001
Coming into force 29th November 2001
The National Assembly for Wales, in exercise of the powers under sections 16(1), (1A), (2), (3), (4) and (5) and 36 of the Plant Varieties and Seeds Act 19641now vested in it2and of all other powers enabling it in that behalf, after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to it to be concerned, hereby makes the following Regulations:
Title, commencement and application
1.—(1) These Regulations are called the Fodder Plant Seeds (Amendment) (Wales) Regulations 2001, and shall come into force on 29th November 2001.
(2) These Regulations apply to Wales only.
Amendment of the Fodder Plant Seeds Regulations 1993
2.—(1) The Fodder Plant Seeds Regulations 19933shall, in so far as they relate to Wales, be amended in accordance with the following provisions of these Regulations.
(2) Any reference in these Regulations to a numbered regulation or Schedule shall be to the regulation or Schedule bearing that number in the Fodder Plant Seeds Regulations 1993.
Regulation 3 (Interpretation)
3.—(1) In paragraph (1) of regulation 3 —
(a)
(a) in the appropriate place, insert the following definitions —
““genetically modified” has the same meaning as for the purposes of Council Directive 90/220/EEC4on the deliberate release into the environment of genetically modified organisms;”;
““the National Assembly” means the National Assembly for Wales”; and
““third country” means a country listed in the Annex to Council Decision 95/5145;”
(b)
(b) omit the definition of “marketing” and the reference to the construction of the related expressions of “market” and “marketed”.
(c)
(c) for the definition of “official examination” substitute —
““official examination” means —
(a) in relation to Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or Commercial Seed produced in the United Kingdom —
(i) an examination or a test carried out by or on behalf of the National Assembly, the Minister of Agriculture, Fisheries and Food, the Secretary of State, the Scottish Ministers or the (Northern Ireland) Department of Agriculture and Rural Development;
(ii) an examination carried out under official supervision; or
(iii) a test carried out by an establishment licensed as a seed testing station under official supervision;
(b) in relation to Breeder’s Seed, Pre-basic Seed and Basic Seed, produced in the United Kingdom —
(i) an examination or a test carried out by or on behalf of the National Assembly, the Minister of Agriculture, Fisheries and Food, the Secretary of State, the Scottish Ministers or the (Northern Ireland) Department of Agriculture and Rural Development; or
(ii) a test carried out by an establishment licensed as a seed testing station under official supervision; and
(c) in relation to any description of seed produced elsewhere than in the United Kingdom, an examination or a test approved by the National Assembly, the Minister of Agriculture, Fisheries and Food, the Secretary of State, the Scottish Ministers or the (Northern Ireland) Department of Agriculture and Rural Development,”;
(d)
(d) omit the definition of “small package”; and
(e)
(e) in the definition of “small EC B package” for “Certified Seed or Commercial Seed” substitute “Basic Seed, Certified Seed or Commercial Seed”.
(2) In paragraph (3) of regulation 3 —
(a)
(a) in the definition of “Certified Seed”, for “field peas or field beans” substitute “field peas, field beans, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch or lucerne”; and
(b)
(b) in the definition of “Certified Seed of the First Generation”, for “field peas or field beans” substitute “field peas, field beans, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch or lucerne”.
(3) After paragraph (3) of regulation 3 insert —
“3A For the purposes of these Regulations, seeds —
(a) produced and packaged in a Member State other than the United Kingdom or in a third country;
(b) accompanied by a document issued by a competent authority concerned with the certification of fodder plant seeds in that Member State or third country containing information specified at paragraph G(b) of Part I of Schedule 6; and
(c) in respect of which an application has been made for a breeder’s confirmation under these Regulations,
shall be deemed to be seeds produced from seeds issued with a breeder’s confirmation.
3B For the purposes of these Regulations, seeds —
(a) produced and packaged in a Member State other than the United Kingdom or in a third country;
(b) accompanied by a document issued by a competent authority concerned with the certification of fodder plant seeds in that Member State or third country containing information specified (in respect of packages of seed not finally certified) at paragraph G(b) of Part I of Schedule 6; and
(c) in respect of which an application has been made for an official certificate under these Regulations,
shall be deemed to be seeds produced from seeds issued with a breeder’s confirmation or an official certificate.
3C For the purposes of these Regulations, seeds —
(a) produced and packaged in a Member State other than the United Kingdom or in a third country;
(b) labelled in accordance with the requirements of regulation 9; and
(c) in the case of small EC A packages and small EC B packages sealed in accordance with the requirements of regulation 8(3), or, in the case of seeds other than small EC A packages and small EC B packages, sealed by a competent authority concerned with the certification of fodder plant seeds in that Member State or third country,
shall be deemed to fall within the meaning of the appropriate category of seeds set out in paragraph (3) above”.
(4) After paragraph (4) of regulation 3, add —
“5 In these Regulations “marketing” means —
(a) selling, holding with a view to sale and offering for sale; and
(b) any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,
whether or not for consideration; and “market” and “marketed” shall be construed accordingly.
6 Trade in seed not aimed at commercial exploitation of the variety, such as the following operations —
(a) the supply of seed to official testing and inspection bodies; or
(b) the supply of seed to any person for the purpose of processing or packaging the seed provided that person does not acquire title to the seed supplied,
shall not be treated as marketing of seed of that variety.”.
Regulation 4 (Seeds to which the Fodder Plant Seeds Regulations 1993 apply)
4. In regulation 4 —
(a) in paragraph (1), for “Subject to paragraphs (2) and (3) below” substitute “Subject to paragraph (2) below”;
(b) in paragraph (2), omit sub-paragraphs (b), (c) and (d); and
(c) omit paragraph (3).
Regulation 5 (Marketing of Seeds)
5. In regulation 5 —
(a) in paragraph (1)(b)(ii) after “regulation 9(1),” insert “(1B),”;
(b) after paragraph (1)(b), add —
“or,
(c)
(c) in the case of genetically modified seeds, clearly indicated in the sales catalogue of the person marketing the seeds, and in any other marketing information or marketing representations provided by that person, as having been genetically modified.”;
(c) after paragraph (1), insert —
“1A Paragraph (1) above shall not prevent the marketing of seed as grown, marketed for processing, provided that the identity of the seed is ensured.”.
(d) for paragraph (2), substitute —
“2 Paragraph (1) above shall not prevent the marketing of a mixture of kinds or varieties of seeds if —
(a) the seeds in the mixture are not intended for use as fodder plants and —
(i) if any seeds in the mixture are fodder plant seeds, these seeds meet the requirements of paragraph (1) above; and
(ii) if any other seeds in the mixture are cereal seeds, oil and fibre plant seeds or vegetable seeds, these seeds meet the requirements for cereal seeds, oil and fibre plant seeds or vegetable seeds respectively corresponding to paragraph (1) above in the Cereal Seeds Regulations 19936, the Oil and Fibre Plant Seeds Regulations 19937and the Vegetable Seeds Regulations 19938; or
(b) the seeds in the mixture are intended for use as fodder plants and are —
(i) fodder plant seeds meeting the requirements of paragraph (1) above; or
(ii) cereal seeds, oil and fibre plant seeds or vegetable seeds, other than any seeds of varieties of grasses in respect of which the breeder has declared that the seed of the variety is not intended for the production of fodder plants, meeting the requirements respectively corresponding to paragraph (1) above in the Cereal Seeds Regulations 1993, the Oil and Fibre Plant Seeds Regulations 1993 and the Vegetable Seeds Regulations 1993.”;
(e) After paragraph (2), insert —
“2A Where there is an arrangement under which —
(a) seed, other than seed which contains any genetically modified material, under the control of one person (“the first person”) is used by another person (“the second person”) for the purpose of —
(i) increasing the first person’s stock of the seed for sowing; or
(ii) carrying out tests or trials on the seed; and
(b) everything produced from the seed, whether directly or indirectly, and any unused seed, become or remain the property of the first person,
the prohibitions in paragraph (1) above shall not apply to the marketing of the seed 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 any...
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