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The Seed Marketing (Wales) Regulations 2012

W.S.I. 2012/245 · Made 1 February 2012 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 7 October 2024.

SEEDS, WALES

Made 1 February 2012

Laid before the National Assembly for Wales 2 February 2012

Coming into force 27 February 2012

The Welsh Ministers make these Regulations in exercise of the powers in sections 16(1), (1A), (2), (3), (4), (5) and (5A) and 36 of the Plant Varieties and Seeds Act 1964 M1, 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 1972 M2.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers 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.C1

Annotations to the whole text

Marginal citations

M1

1964 c. 14; section 16 was amended by section 4(1) of, and paragraph 5(1), (2) and (3) of Schedule 4 to, the European Communities Act 1972 (c. 68), S.I. 1977/1112 and section 2 of the Agriculture Act 1986 (c. 49). See section 38(1) for a definition of “the Minister”. Under the Transfer of Functions (Wales) (No.1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State and under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1, the functions transferred to the Secretary of State by the 1978 transfer Order were transferred to the National Assembly for Wales. By virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 those functions are exercisable by the Welsh Ministers.

M2

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

Modifications

C1

Regulations applied (with modifications) (temp.) (7.10.2024) by The Seed Marketing (CMS Wheat Hybrids) (Temporary Experiment) (Wales) Regulations 2024 (S.I. 2024/953), regs. 1(1), 6, Sch. (with reg. 1(3))

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 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. Permitted mixtures
  23. 19Records
  24. Part 4: Licensing
  25. 20Operations requiring a licence from the Welsh Ministers
  26. 21Licensing crop inspectors, seed samplers and seed testing stations
  27. 21ALicences for temporary experiments
  28. 22General provisions relating to licences
  29. Part 5: Administration and revocations
  30. 23Withdrawing certification
  31. 24Sampling for enforcement purposes
  32. 25Forms of certificates used for enforcement
  33. 26Certification for export
  34. 27Importation from a country granted equivalence
  35. 28Appeals
  36. 28AArrangements for official measures
  37. 29Fees
  38. 30Marketing seed under a specific derogation
  39. 31Confidentiality
  40. 32Licensing and certifying in another part of the United Kingdom
  41. 32ACertification in a Crown Dependency or a country granted equivalence
  42. 32BTransitional provision for official labels on implementation period completion day
  43. 33Transitional provisions
  44. 34Revocation
  45. Signature
  46. Schedule 1: Seed to which these Regulations apply
  47. Paragraph
  48. Schedule 2: Certification requirements
  49. Part A1: Introduction
  50. A1Interpretation
  51. Part 1: Beet
  52. 1Scope of Part 1
  53. 2Interpretation
  54. 3Permitted types of beet seed
  55. 4Meaning of “pre-basic seed”
  56. 5Meaning of “basic seed”
  57. 6Meaning of “certified seed”
  58. 7Crop and seed requirements
  59. Part 2: Cereals
  60. Chapter 1: Types of seed
  61. 8Scope of Part 2
  62. 9Permitted types of cereal seed
  63. 10Meaning of “pre-basic seed” (including hybrids)
  64. 11Meaning of “basic seed”
  65. 12Meaning of “certified seed”
  66. 13Meaning of “certified seed, first generation”
  67. 14Meaning of “certified seed, second generation”
  68. 15Crop and seed requirements
  69. Chapter 2: Higher voluntary standards
  70. 16Higher voluntary standards for cereals
  71. 17Additional requirements for barley, wheat, durum wheat and spelt wheat
  72. 18Seed from other plants
  73. Seed of other species
  74. 19Ergot and sclerotia
  75. Part 3: Fodder plants
  76. Chapter 1: Basic standards
  77. 20Scope of Part 3
  78. 21Permitted types of fodder seed
  79. 22Meaning of “pre-basic seed”
  80. 23Meaning of “basic seed”
  81. 24Meaning of “certified seed”
  82. 25Meaning of “certified seed, first generation”
  83. 26Meaning of “certified seed, second generation”
  84. 27Meaning of “commercial seed”
  85. 28Crop and seed requirements
  86. Chapter 2: Higher voluntary standards
  87. 29Higher voluntary standards for fodder seed
  88. 30Minimum standards for purity and other species of seed in the sample
  89. Part 4: Oil and fibre
  90. 31Scope of Part 4
  91. 32Permitted types of oil and fibre seed
  92. 33Meaning of “pre-basic seed”
  93. 34Meaning of “basic seed” for non-hybrid varieties
  94. 35Meaning of “basic seed” for inbred lines
  95. 36Meaning of “basic seed” for simple hybrids
  96. 37Meaning of “certified seed”
  97. 38Meaning of “certified seed, first generation”
  98. 39Meaning of “certified seed, second generation”
  99. 40Meaning of “certified seed, third generation”
  100. 41Meaning of “commercial seed”
  101. 42Crop and seed requirements
  102. 43Requirements for a varietal association
  103. Part 5: Vegetables
  104. 44Scope of Part 5
  105. 45Permitted types of vegetable seed
  106. 46Meaning of “pre-basic seed”
  107. 47Meaning of “basic seed”
  108. 48Meaning of “certified seed”
  109. 49Meaning of “standard seed”
  110. 50Crop and seed requirements
  111. Schedule 3: Labelling and loose sales
  112. Part 1: Introduction
  113. 1Types of label
  114. 2Time of labelling
  115. 3Genetically modified varieties
  116. 4Chemical treatment of seed
  117. Part 2: Official labels
  118. 5Official labels: general requirements
  119. 6Official labels for pre-basic seed
  120. 7Official labels for basic seed and certified seed
  121. 8Official labels for commercial seed not certified as to variety
  122. 9Labelling mixtures
  123. Part 3: Additional requirements for official labels for specific species
  124. 10Introduction
  125. 11Additional requirements for beet seed
  126. 12Additional requirements for cereal seed
  127. 13Additional requirements for fodder seed
  128. 14Additional requirements for oil and fibre seed
  129. Part 4: Supplier's labels
  130. 15Meaning of “supplier's label”
  131. 16Labelling a package
  132. 17References to weights in this Part
  133. 18Breeder's seed: supplier's labels
  134. 19Beet seed: supplier's labels
  135. 20Cereal seed: supplier's labels
  136. 21Fodder seed (agricultural or amenity): packages that may be labelled with a supplier's label
  137. 22Fodder seed other than a mixture: labelling requirements
  138. 23Fodder seed mixture: labelling requirements
  139. 24Oil and fibre seed: supplier's labels
  140. 25Vegetable seed: supplier's labels
  141. Part 5: Sales of loose seed
  142. 26Sales of loose seed
  143. Schedule 4: Exceptions
  144. Part 1: Supply of seed other than by way of marketing
  145. 1Early multiplication of seed
  146. 2Seed as grown
  147. 3Farm saved seed
  148. Part 2: Marketing seed that does not comply with Schedule 2
  149. 4Seed with a declared lower germination
  150. 5Early movement of seed
  151. 6Tetrazolium testing for cereal seed
  152. 7Marketing seed of conservation varieties
  153. 8Marketing preservation mixtures which include uncertified fodder seed
  154. 9Marketing unlisted varieties (other than vegetable seed) for tests and trials
  155. 10Marketing unlisted varieties of vegetable seed
  156. 11Marketing for scientific or selection purposes
  157. 12Restrictions relating to genetically modified seed
  158. 13Marketing imported seed to be labelled as HVS
  159. 14... Repealed
  160. 15Marketing seed of amateur vegetable varieties
  161. Part 3: Certifying seed that does not fully comply with these Regulations
  162. 16Seed not finally certified, harvested in another European Single Market State Repealed
  163. 17Seed not finally certified, harvested in a country granted equivalence
  164. 18Marketing extensions
  165. Explanatory note