Regulation 3 Interpretation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 3(1) words substituted by Seeds (National Lists of Varieties) 2001 reg. 25(2)(a)(i)
reg. 3(1) words inserted by Beet Seeds 2001 reg. 3(1)(a)
reg. 3(1) words omitted by Beet Seeds 2001 reg. 3(1)(b)
reg. 3(1) words substituted by Beet Seeds 2001 reg. 3(1)(c)
reg. 3(1) words omitted by Beet Seeds 2001 reg. 3(1)(d)
reg. 3(3A)-(3D) inserted by Beet Seeds 2001 reg. 3(2)
reg. 3(5)(6) added by Beet Seeds 2001 reg. 3(3)
reg. 3(1) words inserted by Beet Seeds 2000 reg. 4(1)(a)
reg. 3(1) words omitted by Beet Seeds 2000 reg. 4(1)(b)
reg. 3(1) words substituted by Beet Seeds 2000 reg. 4(1)(c)
reg. 3(1) words omitted by Beet Seeds 2000 reg. 4(1)(d)
reg. 3(3A)-(3C) inserted by Beet Seeds 2000 reg. 4(2)
reg. 3(5)(6) inserted by Beet Seeds 2000 reg. 4(3)
reg. 3(1) words inserted by Beet Seeds 2000 reg. 2(2)(a)
reg. 3(1) words deleted by Beet Seeds 2000 reg. 2(2)(b)
reg. 3(1) words substituted by Beet Seeds 2000 reg. 2(2)(c)
reg. 3(1) words deleted by Beet Seeds 2000 reg. 2(2)(d)
reg. 3(3A)-(3C) inserted by Beet Seeds 2000 reg. 2(3)
reg. 3(5)(6) added by Beet Seeds 2000 reg. 2(4)
reg. 3(1) words inserted by Beet Seeds 1999 reg. 3(2)
reg. 3(3) words substituted by Beet Seeds 1999 reg. 3(3)(a)
reg. 3(3) words substituted by Beet Seeds 1999 reg. 3(3)(b)
reg. 3(3) words substituted by Beet Seeds 1999 reg. 3(3)(c)(i)
reg. 3(3) words substituted by Beet Seeds 1999 reg. 3(3)(c)(ii)
reg. 3(3) word substituted by Beet Seeds 1999 reg. 3(3)(d)
reg. 3 word substituted by Seeds 1997 reg. 4(2)

(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—
1. (a)
  
  under which the property in seeds is transferred from one person to another, or
2. (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^f1;
“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—
1. (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,
2. (b)
  
  an examination carried out by or on behalf of the Department of Agriculture for Northern Ireland, or
3. (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;
“small EEC package” means a package of Certified Seed containing—
1. (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
2. (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 substancesor other solid additives.

(2)

A reference in these Regulations to a numbered regulation or Schedule shall beconstrued 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—
1. (a)
  
  which have been produced in the United Kingdom by or under the responsibility of the maintainer, and
2. (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—
1. (a)
  
  which have been produced by or under the responsibility of the maintainer,
2. (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
3. (c)
  
  which satisfy the requirements for Basic Seed set out in Schedule 4 and inrespect of which an official certificate has been issued in accordance withSchedule 2;
“Basic Seed” means seeds—
1. (a)
  
  which have been produced by or under the responsibility of the maintainer from Uncertified Pre-basic Seed or Pre-basic Seed,
2. (b)
  
  which are intended for the production of Certified Seed, and
3. (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—
1. (a)
  
  which have been produced directly from Basic Seed or, with the written authority of the maintainer and the Minister, from Pre-basic Seed,
2. (b)
  
  which are intended to be used mainly for the production of plants or parts of plants for human or animal consumption, and
3. (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.

Annotations

Footnotes

f1: S.I. 1982/844 amended by S.I. 1985/1529, 1989/1314, 1990/1353, 1992/1615.