Seeds Regulations, 1961

JurisdictionUK Non-devolved
CitationSI 1961/212
Year1961

1961 No. 212

SEEDS

The Seeds Regulations, 1961

2ndFebruary 1961

9thFebruary 1961

1stAugust 1961

ARRANGEMENT OF REGULATIONS

Regulation

1. Citation and commencement.

2. Revocation of previous Regulations.

3. Interpretation.

4. Seeds to which the Seeds Act, 1920 applies.

5. Particulars to be delivered on sale of seeds or seed potatoes.

6. Limits of variation.

7. Sampling.

8. Certificate of the result of a test of seeds.

9. Licences.

SCHEDULES

FIRST SCHEDULE. The kinds of seeds to which the Seeds Act, 1920 applies.

Part I. (Coming into operation on the 1st August, 1961.)

Part II. (Coming into operation on the 1st August, 1962.)

SECOND SCHEDULE. Particulars to be given on sale or exposure for sale of seeds or seed potatoes.

Part I. Seeds.

Part II. Packeted Root and Vegetable Seeds.

Part III. Seed potatoes.

THIRD SCHEDULE. Prescribed declarable minimum percentages of purity.

FOURTH SCHEDULE. Prescribed declarable minimum percentages of germination.

FIFTH SCHEDULE. Injurious Weeds.

SIXTH SCHEDULE. Weeds.

SEVENTH SCHEDULE. Limits of variation.

Part I. Purity.

Part II. Germination.

Part III. Hard Seeds.

Part IV. Weed Seeds.

Part V. Injurious Weed Seeds.

EIGHTH SCHEDULE. Sampling.

Part I. Seeds.

Part II. Seed potatoes.

NINTH SCHEDULE. Certificate of the result of a test of seeds.

The Minister of Agriculture, Fisheries and Food by virtue and in exercise of the powers vested in him by section 7 of the Seeds Act, 1920(a), and of every other power enabling him in that behalf, after consultation with representatives of the interests concerned and with the Forestry Commissioners, hereby makes the following Regulations.

Citation and Commencement

1.—(1) These Regulations may be cited as the Seeds Regulations, 1961 and, except as provided in paragraph (2) of this Regulation, shall come into operation on the 1st day of August, 1961.

(2) The following Regulations shall come into operation on the 1st day of August, 1962,

(a) Regulation 4 so far as it relates to the kinds of seeds specified in Part II of the First Schedule to these Regulations; and

(b) Regulation 5 so far as it requires a statement delivered or displayed in compliance with section 1 of the Act to contain, in relation to herbage seeds, particulars of the presence of injurious and other weed seeds

Revocation of Previous Regulations

2. The Seeds Regulations, 1922(b), the Seeds (Amendment) Regulations, 1942(c), the Seeds (Amendment) Regulations, 1944(d) and the Seeds (Amendment) Regulations, 1951(e), are hereby revoked.

Interpretation

3.—(1) The Interpretation Act, 1889(f), 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.

(2) In these Regulations, unless the context otherwise requires,

"the Act" means the Seeds Act, 1920;

"germination test" means a test made in accordance with the provisions of the Act to ascertain the germination of seeds;

"injurious weeds" means the weeds specified in the Fifth Schedule to these Regulations;

"the Minister" means the Minister of Agriculture, Fisheries and Food;

"percentage of germination" means the percentage by number of pure seeds which in the course of a germination test produce seedlings which have developed the structures which indicate the ability to produce mature plants under favourable conditions in the field;

(a) 10 & 11 Geo. 5. c. 54.

(b) S.R. & O. 1922/915 (Rev. XX, p. 637: 1922, p. 959).

(c) S.R. & O. 1942/1200 (Rev. XX, p. 637: 1942 I, p. 777).

(d) S.R. & O. 1944/926 (Rev. XX, p. 648: 1944 I, p. 907).

(e) S.I. 1951/1005 (1951 II, p. 632).

(f) 52 & 53 Vict. c. 63.

"percentage of hard seeds" means the percentage by number of pure seeds which remain hard at the end of a germination test because they have not absorbed water;

"percentage of purity" means the percentage by weight of pure seeds as ascertained in a purity test;

"percentage of weed seeds" means the percentage by weight of weed seeds as ascertained in a purity test;

"prescribed declarable minimum percentage of germination" means, in relation to seeds of any kind specified in the Fourth Schedule to these Regulations, the percentage of germination stated in that Schedule in respect of those seeds;

"prescribed declarable minimum percentage of purity" means, in relation to seeds of any kind specified in the Third Schedule to these Regulations, the percentage of purity stated in that Schedule in respect of those seeds;

"pure seeds" means whole seeds of the kind which the seeds purport to be, (including any such seeds which are immature, shrivelled, sprouted, cracked, insect-damaged, diseased or otherwise injured) and pieces of such seeds larger than one-half of the original size of the whole seed but excluding (i) in the case of seeds of legumes, crucifers and conifers, seeds or pieces of seeds from which the seed coat is entirely removed, (ii) in the case of grasses, empty glumes, sterile florets and seeds and pieces of seed without an obvious caryopsis containing endosperm and (iii) in the case of forest tree seeds, seed wings:

Provided that when applied to seeds of a kind which cannot be distinguished from seeds of other kinds by expert macroscopic examination, the expression "pure seeds" when used in these Regulations shall not imply that the seeds are necessarily, of the kind which they purport to be;

"purity test" means a test made in accordance with the provisions of the Act to ascertain the purity of seeds;

"weed seeds" means whole seeds or bulbils or pieces of seeds or bulbils of any plants commonly regarded as weeds (including the seeds of plants of injurious weeds) and, without prejudice to the generality of the foregoing definition, of any plants specified in the Sixth Schedule to these Regulations.

Seeds to which the Seeds Act, 1920 applies

4. The Act shall apply to the kinds of seeds specified in the First Schedule to these Regulations. All hybrid forms of and derivatives from any of those kinds of seeds shall be deemed to be kinds of seeds included in the said Schedule notwithstanding that they may be generally known by a name not appearing therein.

Particulars to be Delivered on Sale of Seeds or Seed Potatoes

5. The particulars to be contained in the statement in writing required by subsection (1) of section 1 of the Act to be delivered to the purchaser on the sale of any seeds or seed potatoes or contained in the statement in writing required by subsection (2) of that section to be displayed on the exposure for sale of any seeds or seed potatoes, shall be, as regards the kinds of seeds referred to in Parts I and II of the Second Schedule to these Regulations, such particulars as are set out in the said Parts I and II in relation thereto and, as regards seed potatoes, such particulars as are set out in Part III of the said Second Schedule.

Limits of Variation

6.—(1) For the purposes of subsection (1) of section 6 and subsection (2) of section 8 of the Act the limits of variation from the percentages of purity and germination appearing in the particulars contained in the statement delivered or displayed in pursuance of the Act shall be as set out respectively in Parts I and II of the Seventh Schedule to these Regulations.

(2) The percentage of hard seeds stated in accordance with a requirement in the Second Schedule to these Regulations shall not be deemed to be untrue if it does not differ from the percentage of hard seeds present by more than the limit of variation set out in Part III of the Seventh Schedule to these Regulations.

(3) The percentage of weed seeds stated in accordance with a requirement in the Second Schedule to these Regulations shall not be deemed to be untrue if it does not differ from the percentage of weed seeds present by more than the limit of variation set out in Part IV of the Seventh Schedule to these Regulations.

(4) The number of seeds of any of the injurious weeds stated in accordance with a requirement in the Second Schedule to these Regulations shall not be deemed to be untrue if it does not differ from the number of seeds of those injurious weeds, as ascertained on a further test made at an official seed testing station, by more than the limit of variation set out in Part V of the Seventh Schedule to these Regulations.

Sampling

7.—(1) For the purpose of a test of seeds to ascertain any particulars to be given in compliance with the requirements of section 1 of the Act and for the purposes of subsection (1) of section 4 and subsection (2) of section 6 of the Act a sample of seeds shall be taken and dealt with in accordance with Part I of the Eighth Schedule to these Regulations.

(2) A sample of seed potatoes for the purposes of the Act shall be taken in accordance with Part II of the Eighth Schedule to these Regulations.

(3) A sample of seeds taken for the purposes of subsection (2) of section 6 of the Act which has been taken in any manner in the presence of, and has been marked by, the seller or his agent shall be deemed to have been duly taken in accordance with these Regulations.

Certificate of the Result of a Test of Seeds

8.—(1) A certificate of the result of a test of a sample sent to the official testing station in accordance with section 4 of the Act shall be in the form set out in the Ninth Schedule to these Regulations.

(2) Every such certificate shall be sent to the Minister and a copy thereof shall be sent by the Minister to the owner of the seeds.

Licences

9. A licence granted under subsection (7) of section 1 of the Act exempting any person from compliance with the requirements of the said section as respects any sale or any exposure for sale of seeds or seed potatoes may be granted in any case where the Minister is satisfied that the circumstances connected with the sale or exposure for sale are such that compliance with the provisions of section 1 of the Act, either generally or in a particular respect, cannot reasonably be...

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