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The Seed Marketing Regulations (Northern Ireland) 2016

S.R. 2016/244 · Made 23 June 2016 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Seeds

Made 23rd June 2016

Coming into operation 14th July 2016

The Department of Agriculture, Environment and Rural Affairs is designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to the common agricultural policy of the European Union.

These Regulations make provision for a purpose mentioned in section 2(2) of that Act and it appears to the Department that it is expedient for references to the instruments specified in regulation 3(2) to be construed as references to those instruments as amended from time to time.

The Department of Agriculture, Environment and Rural Affairs makes the following regulations in exercise of the powers conferred by section 2(2) of, as read with paragraph 1A of Schedule 2 M3 to the European Communities Act 1972 and sections 1(1) and (2A) and 2 of the Seeds Act (Northern Ireland) 1965 M4.

In accordance with section 1(1) of the Seeds Act (Northern Ireland) 1965, the Department of Agriculture, Environment and Rural Affairs has consulted with representatives of such interests as appear to it to be concerned.

Annotations to the whole text

Marginal citations

M1

S.I. 2000/2812

M2

1972 c.68, as amended by 2008, c.7 and S.I. 2009/3143

M3

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

M4

1965 c.22 (N.I.). Section 1 was amended by 1970 c.20 (N.I.), section 10(1) and S.R. & O.(N.I.) 1972 No. 351, Article 3 and Schedule 3. Section 2 was amended by 1970 c.20 (N.I.), section 10(2) and S.R. 1977 No. 295, regulation 2. The Ministry of Agriculture became known as the Department of Agriculture by virtue of section 7(5) of the Northern Ireland Constitution Act 1973 (c.36). The Department of Agriculture for Northern Ireland was renamed the Department of Agriculture and Rural Development by Article 3(4) of the Departments (Northern Ireland) Order 1999, S.I. 1999/283 (N.I. 1).

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