11.—(1) Notwithstanding regulation 6(1)(b) and the requirement in regulation 3 that Pre basic Seed and Basic Seed shall attain the minimum standards of germination specified for Basic Seed in Part II of Schedule 4 F1..., any person may, subject to paragraphs (2) and (3) and regulation 17(6) and the other provisions of these Regulations, market seed–
(a)in respect of which an official certificate certifying that the seed is of the relevant category of seed has been issued in accordance with Part I of Schedule 2, although it attains a lower percentage of germination than that specified in paragraph 16 of Part II of Schedule 4 in relation to Basic Seed by virtue of exception (ii) of paragraph 2 of Part I of Schedule 2;
[F2(b)which has been certified as satisfying the conditions for the relevant category of seed although it attains a lower percentage of germination than that specified in paragraph 16 of Part II of Schedule 4 in relation to Basic Seed—
(i) by a GB Authority other than the Scottish Ministers, in accordance with the applicable requirements in the relevant part of Great Britain; or
(ii)by the NI Authority, in accordance with the applicable requirements in Northern Ireland; or]
(c)which the person marketing the seed knows does not satisfy the minimum standards of germination specified for Basic Seed–
(i)in the case of seed which has been officially certified as being Pre basic Seed or Basic Seed, in paragraph 16 of Part II of Schedule 4, irrespective of the findings of the Scottish Ministers; and
[F3(ii)in the case of seed which has been fully certified as being Pre-basic Seed or Basic Seed—
( aa)by a GB Authority other than the Scottish Ministers, in the applicable requirements in the relevant part of Great Britain, irrespective of the findings of the GB Authority; or
(bb)by the NI Authority, in the applicable requirements in Northern Ireland, irrespective of the findings of the NI Authority.]
(2) Paragraph (1) shall not apply unless the person marketing the seed guarantees a specific minimum percentage of germination of the seed.
(3) Paragraph (1) shall not apply to seed which has been imported into [F4Great Britain from a country granted equivalence.]
Textual Amendments
F1Words in reg. 11(1) omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 13(11)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2Reg. 11(1)(b) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 13(11)(a)(ii) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 14(10)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F3Reg. 11(1)(c)(ii) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 13(11)(a)(iii) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 14(10)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 11(3) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 13(11)(b) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 14(10)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Reg. 11 in force at 1.7.2005, see reg. 1(1)