The Seed Marketing (Wales) Regulations 2012
W.S.I. 2012/245 · Made 1 February 2012 · Extends to England and Wales
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
- Part 1: Introduction
- 1Title, application and commencement
- 2Meaning of “marketing”
- 3Interpretation of other terms
- Part 2: Categories of seed
- 4Seed to which these Regulations apply
- 5Categories of seed
- 6Breeder's seed
- 7Maintainers for pre-basic and basic seed
- Part 3: Marketing seed
- 8Marketing seed
- 9Exceptions
- 10Overriding requirements for certification
- 11Detailed requirements for certification
- 12Crop inspections
- 13Standard of seed at the time of marketing
- 14Re-grading a crop or seed
- 15Control plots and tests
- 16Packaging and sealing
- 17Labelling
- 18Mixtures of seed
- Permitted mixtures
- 19Records
- Part 4: Licensing
- 20Operations requiring a licence from the Welsh Ministers
- 21Licensing crop inspectors, seed samplers and seed testing stations
- 21ALicences for temporary experiments
- 22General provisions relating to licences
- Part 5: Administration and revocations
- 23Withdrawing certification
- 24Sampling for enforcement purposes
- 25Forms of certificates used for enforcement
- 26Certification for export
- 27Importation from a country granted equivalence
- 28Appeals
- 28AArrangements for official measures
- 29Fees
- 30Marketing seed under a specific derogation
- 31Confidentiality
- 32Licensing and certifying in another part of the United Kingdom
- 32ACertification in a Crown Dependency or a country granted equivalence
- 32BTransitional provision for official labels on implementation period completion day
- 33Transitional provisions
- 34Revocation
- Signature
- Schedule 1: Seed to which these Regulations apply
- Paragraph
- Schedule 2: Certification requirements
- Part A1: Introduction
- A1Interpretation
- Part 1: Beet
- 1Scope of Part 1
- 2Interpretation
- 3Permitted types of beet seed
- 4Meaning of “pre-basic seed”
- 5Meaning of “basic seed”
- 6Meaning of “certified seed”
- 7Crop and seed requirements
- Part 2: Cereals
- Chapter 1: Types of seed
- 8Scope of Part 2
- 9Permitted types of cereal seed
- 10Meaning of “pre-basic seed” (including hybrids)
- 11Meaning of “basic seed”
- 12Meaning of “certified seed”
- 13Meaning of “certified seed, first generation”
- 14Meaning of “certified seed, second generation”
- 15Crop and seed requirements
- Chapter 2: Higher voluntary standards
- 16Higher voluntary standards for cereals
- 17Additional requirements for barley, wheat, durum wheat and spelt wheat
- 18Seed from other plants
- Seed of other species
- 19Ergot and sclerotia
- Part 3: Fodder plants
- Chapter 1: Basic standards
- 20Scope of Part 3
- 21Permitted types of fodder seed
- 22Meaning of “pre-basic seed”
- 23Meaning of “basic seed”
- 24Meaning of “certified seed”
- 25Meaning of “certified seed, first generation”
- 26Meaning of “certified seed, second generation”
- 27Meaning of “commercial seed”
- 28Crop and seed requirements
- Chapter 2: Higher voluntary standards
- 29Higher voluntary standards for fodder seed
- 30Minimum standards for purity and other species of seed in the sample
- Part 4: Oil and fibre
- 31Scope of Part 4
- 32Permitted types of oil and fibre seed
- 33Meaning of “pre-basic seed”
- 34Meaning of “basic seed” for non-hybrid varieties
- 35Meaning of “basic seed” for inbred lines
- 36Meaning of “basic seed” for simple hybrids
- 37Meaning of “certified seed”
- 38Meaning of “certified seed, first generation”
- 39Meaning of “certified seed, second generation”
- 40Meaning of “certified seed, third generation”
- 41Meaning of “commercial seed”
- 42Crop and seed requirements
- 43Requirements for a varietal association
- Part 5: Vegetables
- 44Scope of Part 5
- 45Permitted types of vegetable seed
- 46Meaning of “pre-basic seed”
- 47Meaning of “basic seed”
- 48Meaning of “certified seed”
- 49Meaning of “standard seed”
- 50Crop and seed requirements
- Schedule 3: Labelling and loose sales
- Part 1: Introduction
- 1Types of label
- 2Time of labelling
- 3Genetically modified varieties
- 4Chemical treatment of seed
- Part 2: Official labels
- 5Official labels: general requirements
- 6Official labels for pre-basic seed
- 7Official labels for basic seed and certified seed
- 8Official labels for commercial seed not certified as to variety
- 9Labelling mixtures
- Part 3: Additional requirements for official labels for specific species
- 10Introduction
- 11Additional requirements for beet seed
- 12Additional requirements for cereal seed
- 13Additional requirements for fodder seed
- 14Additional requirements for oil and fibre seed
- Part 4: Supplier's labels
- 15Meaning of “supplier's label”
- 16Labelling a package
- 17References to weights in this Part
- 18Breeder's seed: supplier's labels
- 19Beet seed: supplier's labels
- 20Cereal seed: supplier's labels
- 21Fodder seed (agricultural or amenity): packages that may be labelled with a supplier's label
- 22Fodder seed other than a mixture: labelling requirements
- 23Fodder seed mixture: labelling requirements
- 24Oil and fibre seed: supplier's labels
- 25Vegetable seed: supplier's labels
- Part 5: Sales of loose seed
- 26Sales of loose seed
- Schedule 4: Exceptions
- Part 1: Supply of seed other than by way of marketing
- 1Early multiplication of seed
- 2Seed as grown
- 3Farm saved seed
- Part 2: Marketing seed that does not comply with Schedule 2
- 4Seed with a declared lower germination
- 5Early movement of seed
- 6Tetrazolium testing for cereal seed
- 7Marketing seed of conservation varieties
- 8Marketing preservation mixtures which include uncertified fodder seed
- 9Marketing unlisted varieties (other than vegetable seed) for tests and trials
- 10Marketing unlisted varieties of vegetable seed
- 11Marketing for scientific or selection purposes
- 12Restrictions relating to genetically modified seed
- 13Marketing imported seed to be labelled as HVS
- 14... Repealed
- 15Marketing seed of amateur vegetable varieties
- Part 3: Certifying seed that does not fully comply with these Regulations
- 16Seed not finally certified, harvested in another European Single Market State Repealed
- 17Seed not finally certified, harvested in a country granted equivalence
- 18Marketing extensions
- Explanatory note