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The Seed Marketing Regulations 2011

S.I. 2011/463 · Made 25 February 2011 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 27 February 2025.

Seeds, England

Made 25th February 2011

Laid before Parliament 7th March 2011

Coming into force 1st April 2011

The Secretary of State makes these Regulations in exercise of the powers in sections 16(1), (1A), (2), (3), (4), (5), (5A) and 36 of the Plant Varieties and Seeds Act 1964f1, after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to be concerned, and in exercise of the powers in paragraph 1A of Schedule 2 to the European Communities Act 1972f2.C1C2

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for the references in these Regulations to the Directives specified in regulation 3(2) to be construed as references to those Directives as amended from time to time.

Annotations to the whole text

Modifications

C1

Regulations applied (with modifications) (temp.) (14.7.2023) by The Seed Marketing (Heterogeneous Material) (Temporary Experiment) (England) Regulations 2023 (S.I. 2023/676), regs. 1(1), 7, Sch. 2 (with reg. 1(3))

C2

Regulations applied (with modifications) (temp.) (26.9.2024) by The Seed Marketing (CMS Wheat Hybrids) (Temporary Experiment) (England) Regulations 2024 (S.I. 2024/899), regs. 1(2), 6, Sch. (with reg. 1(4))

Footnotes

f1

1964 c. 14. Section 16 has been amended by the European Communities Act 1972 (c. 68), section 4 and Schedule 4, paragraph 5; S.I. 1977/1112; and the Agriculture Act 1986 (c. 49), section 2. See section 38(1) for the definition of “the Minister”. Under S.I. 2002/794 the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 which remained vested in that Minister were transferred to the Secretary of State.

f2

1972 c. 68; paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

Contents

  1. Part 1: Introduction
  2. 1Title, application and commencement
  3. 2Meaning of “marketing”
  4. 3Interpretation of other terms
  5. Part 2: Categories of seed
  6. 4Seed to which these Regulations apply
  7. 5Categories of seed
  8. 6Breeder’s seed
  9. 7Maintainers for pre-basic and basic seed
  10. Part 3: Marketing seed
  11. 8Marketing seed
  12. 9Exceptions
  13. 10Overriding requirements: the building blocks necessary for certification
  14. 11Detailed requirements for certification
  15. 12Crop inspections
  16. 13Standard of seed at the time of marketing
  17. 14Re-grading a crop or seed
  18. 15Control plots and tests
  19. 16Packaging and sealing
  20. 17Labelling
  21. 18Mixtures of seed
  22. 19Records
  23. Part 4: Licensing
  24. 20Operations requiring a licence from the Secretary of State
  25. 21Licensing crop inspectors, seed samplers and seed testing stations
  26. 21ALicences for temporary experiments
  27. 22General provisions relating to licences
  28. Part 5: Administration and revocations
  29. 23Withdrawing certification
  30. 24Sampling for enforcement purposes
  31. 25Forms of certificates used for enforcement
  32. 26Certification for export
  33. 27Importation from a country granted equivalence
  34. 28Appeals
  35. 28AArrangements for official measures
  36. 29Fees
  37. 30Marketing seed under a specific derogation
  38. 31Confidentiality
  39. 32Licensing and certifying in another part of the United Kingdom
  40. 32ACertification in a Crown Dependency or a country granted equivalence
  41. 32BTransitional provision for official labels on IP completion day
  42. 33Transitional provisions
  43. 33AReview Repealed
  44. 34Revocation
  45. Signature
  46. Schedule 1Seed to which these Regulations apply
  47. Schedule 2: Certification requirements
  48. Part A1: Introduction
  49. A1Interpretation
  50. Part 1: Beet
  51. 1Scope of Part 1
  52. 2Interpretation of Part 1
  53. 3Permitted types of beet seed
  54. 4Meaning of “pre-basic seed”
  55. 5Meaning of “basic seed”
  56. 6Meaning of “certified seed”
  57. 7Crop and seed requirements
  58. Part 2: Cereals
  59. Chapter 1: Types of seed
  60. 8Scope of Part 2
  61. 9Permitted types of cereal seed
  62. 10Meaning of “pre-basic seed” (including hybrids)
  63. 11Meaning of “basic seed”
  64. 12Meaning of “certified seed”
  65. 13Meaning of “certified seed, first generation”
  66. 14Meaning of “certified seed, second generation”
  67. 15Crop and seed requirements
  68. Chapter 2: Higher voluntary standards
  69. 16Higher voluntary standards for cereals
  70. 17Additional requirements for barley, wheat, durum wheat and spelt wheat
  71. 18Seed from other plants
  72. 19Ergot and sclerotia
  73. Part 3: Fodder plants
  74. Chapter 1: Basic standards
  75. 20Scope of Part 3
  76. 21Permitted types of fodder seed
  77. 22Meaning of “pre-basic seed”
  78. 23Meaning of “basic seed”
  79. 24Meaning of “certified seed”
  80. 25Meaning of “certified seed, first generation”
  81. 26Meaning of “certified seed, second generation”
  82. 27Meaning of “commercial seed”
  83. 28Crop and seed requirements
  84. Chapter 2: Higher voluntary standards
  85. 29Higher voluntary standards for fodder seed
  86. 30Minimum standards for purity and other species of seed in the sample
  87. Part 4: Oil and fibre
  88. 31Scope of Part 4
  89. 32Permitted types of oil and fibre seed
  90. 33Meaning of “pre-basic seed”
  91. 34Meaning of “basic seed” for non-hybrid varieties
  92. 35Meaning of “basic seed” for inbred lines
  93. 36Meaning of “basic seed” for simple hybrids
  94. 37Meaning of “certified seed”
  95. 38Meaning of “certified seed, first generation”
  96. 39Meaning of “certified seed, second generation”
  97. 40Meaning of “certified seed, third generation”
  98. 41Meaning of “commercial seed”
  99. 42Crop and seed requirements
  100. 43Requirements for a varietal association
  101. Part 5: Vegetables
  102. 44Scope of Part 5
  103. 45Permitted types of vegetable seed
  104. 46Meaning of “pre-basic seed”
  105. 47Meaning of “basic seed”
  106. 48Meaning of “certified seed”
  107. 49Meaning of “standard seed”
  108. 50Crop and seed requirements
  109. Schedule 3: Labelling and loose sales
  110. Part 1: Introduction
  111. 1Types of label
  112. 2Time of labelling
  113. 3Genetically modified varieties
  114. 4Chemical treatment of seed
  115. Part 2: Official labels
  116. 5Official labels: general requirements
  117. 6Official labels for pre-basic seed
  118. 7Official labels for basic seed and certified seed
  119. 8Official labels for commercial seed not certified as to variety
  120. 9Labelling mixtures
  121. Part 3: Additional requirements for official labels for specific species
  122. 10Introduction
  123. 11Additional requirements for beet seed
  124. 12Additional requirements for cereal seed
  125. 13Additional requirements for fodder seed
  126. 14Additional requirements for oil and fibre seed
  127. Part 4: Supplier’s labels
  128. 15Meaning of “supplier’s label”
  129. 16Labelling a package
  130. 17References to weights in this Part
  131. 18Breeder’s seed: supplier’s labels
  132. 19Beet seed: supplier’s labels
  133. 20Cereal seed: supplier’s labels
  134. 21Fodder seed (agricultural or amenity): packages that may be labelled with a supplier’s label
  135. 22Fodder seed other than a mixture: labelling requirements
  136. 23Fodder seed mixture: labelling requirements
  137. 24Oil and fibre seed: supplier’s labels
  138. 25Vegetable seed: supplier’s labels
  139. Part 5: Sales of loose seed
  140. 26Sales of loose seed
  141. Schedule 4: Exceptions
  142. Part 1: Supply of seed other than by way of marketing
  143. 1Early multiplication of seed
  144. 2Seed as grown
  145. 3Farm saved seed
  146. Part 2: Marketing seed that does not comply with Schedule 2
  147. 4Seed with a declared lower germination
  148. 5Early movement of seed
  149. 6Tetrazolium testing for cereal seed
  150. 7Marketing seed of conservation varieties
  151. 8Marketing preservation mixtures that include uncertified fodder seed
  152. 9Marketing unlisted varieties (other than vegetable seed) for tests and trials
  153. 10Marketing unlisted varieties of vegetable seed
  154. 11Marketing for scientific or selection purposes
  155. 12Restrictions relating to genetically modified seed
  156. 13Marketing imported seed to be labelled as HVS
  157. 14... Repealed
  158. 15Marketing seed of amateur vegetable varieties
  159. Part 3: Certifying seed that does not fully comply with these Regulations
  160. 16Seed not finally certified, harvested in another European Single Market State Repealed
  161. 17Seed not finally certified, harvested in a country granted equivalence
  162. 18Marketing extensions
  163. Explanatory note