Regulation 6 Official certificatesF1I1
England, Wales and Scotland
An application for the issue of an official certificate in respect of a seed lot of Pre-basic Seed, Basic Seed F2, Certified Seed or Certified Seed of a Conservation Variety—
shall be made in writing to F4the Ministers in such form and manner, and shall include such information, records, illustrations, material and seeds, as the Ministers may require; and
shall be made not later than the thirty-first day of December of the year following the year of harvest of the crop from which the seed is obtained or within such other time as the Ministers may allow.
Where an application for the issue of an official certificate is made to the Ministers in accordance with paragraph (1) above the Ministers shall deal with the application in accordance with the provisions of Schedule 2.
An official certificate which has been issued by the Ministers may be withdrawn by him in respect of either the whole of a seed lot or any part of a seed lot and any seeds from which an official certificate has been so withdrawn shall be deemed not to have been officially certified if—
the results of an official examination of the seeds in respect of which theofficial certificate has been issued are declared null and void in accordance withparagraph (2) of regulation 7, or
in the case of Certified Seed of a Conservation Variety—
the results of an examination are declared null and void in accordance with regulation 7(3); or
the results of official post control show that the seed does not have sufficient varietal purity; or
information has been received by him which, if known to him before the official certificate was issued, would have resulted in the application for its issue being refused on the grounds that the seeds did not meet the requirements of seed regulations.
Where, in accordance with paragraph (3) above, seeds are deemed not to have been officially certified the seller of the seeds shall, as soon as practicable and in any case not later than 7 days after being informed of it, notify the purchaser, in writing, that the seeds have not been officially certified.
A breeder may apply to the Ministers for the issue of an official certificate in place of a breeder’s confirmation once the seed of that variety may be marketed in accordance with F7regulation 5(1) above.
An application under paragraph (5) above—
shall be made in writing to the Ministers in such form and manner, and shall be accompanied by such documents, as the Ministers may require; and
shall be made not later than the thirty-first day of December of the year following the year of harvest of the crop from which the seed lot is obtained or within such other time as the Ministers may allow.
The Ministers shall issue an official certificate in the circumstances described in paragraph (5) above provided he is satisfied that—
the seed is the seed in respect of which the breeder’s confirmation was issued;
the breeder’s confirmation has not been withdrawn pursuant to regulation 6A(3); and
there is no reason why the breeder’s confirmation should be withdrawn pursuant to regulation 6A(3).
Schedule 2 below shall not apply to an application for an official certificate made under paragraph (5) above.
Where an official certificate is issued under paragraph (7) above in respect of any seed, no person shall market the seed unless it has been re-labelled with a label which complies with regulation 9.
Annotations
Textual amendments
- F1
Regulations revoked (E.) (31.1.2003) by The Vegetable Seed (England) Regulations 2002 (S.I. 2002/3175), regs. 1, 32(1)(a) (with reg. 32(2)(3)) and (W.) (18.11.2005) by The Vegetable Seed (Wales) Regulations 2005 (S.I. 2005/3035), reg. 32(1)(a) (with reg. 32(2))
- F2
Words in reg. 6(1) substituted (S.) (31.12.2010) by The Vegetable Seeds Amendment (Scotland) Regulations 2010 (S.S.I. 2010/425), regs. 1(1), 6(1)
- F3
Reg. 6(1)(a) substituted (30.7.1999) by The Vegetable Seeds (Amendment) Regulations 1999 (S.I. 1999/1863), regs. 1, 3(5)(a) (with reg. 4)
- F4
Words in Regulations substituted (S.) (1.8.2000) by The Vegetable Seeds (Amendment) (Scotland) Regulations 2000 (S.S.I. 2000/250), regs. 1(1), 3(2)
- F5
Reg. 6(3)(aa) inserted (S.) (31.12.2010) by The Vegetable Seeds Amendment (Scotland) Regulations 2010 (S.S.I. 2010/425), regs. 1(1), 6(2)
- F6
Reg. 6(5)-(9) added (30.7.1999) by The Vegetable Seeds (Amendment) Regulations 1999 (S.I. 1999/1863), regs. 1, 3(5)(b) (with reg. 4)
- F7
Words in reg. 6(5) substituted (1.12.2001) by The Seeds (National Lists of Varieties) Regulations 2001 (S.I. 2001/3510), regs. 1, 25(7)(a)(vi)
Commencement
- I1
Reg. 6 in force at 1.9.1993, see reg. 1