The Forest Reproductive Material (Great Britain) Regulations 2002

Labelling and packaging of lots for marketing U.K.

19.—(1) Forest reproductive material in the separate, distinct lots required under regulation 14 may be marketed under regulation 17 only if the lot is accompanied by a supplier’s label or document which documents the following—

(a) the identification criteria and any other information required to be recorded under regulation 14(2) and (3);

(b) the Master Certificate number or numbers;

(c) the name of the supplier;

(d) the quantity supplied;

(e) the words “provisionally approved” in the case of forest reproductive material of the category “tested” which has been approved under regulation 7(2) [F1 or, in the case of forest reproductive material approved in Northern Ireland, another member State or a third country, under the equivalent procedure in that country];

(f) whether the material has been vegetatively propagated;

(g) in the case of forest reproductive material derived from basic material which consists of a genetically modified organism, the fact that it is so derived; and

(h) in the case of parts of plants of Populus spp., the EC classification described in Schedule 9, paragraphs 1(b) and 2(b).

[F2 (i) in the case of material derived from basic material of Pinus pinaster Ait. which does not (and by virtue of regulation 4(1A) does not need to) meet the requirement in Schedule 4, paragraph (1)(c), compliance with Commission Regulation (EC) No. 69/2004 by stating that “the material meets the requirements as foreseen by Commission Regulation (EC) No. 69/2004”.]

(2) In the case of forest reproductive material marketed as a seed lot, the supplier’s label or document shall, subject to paragraphs (3) and (4), in addition to the information required under paragraph (1), also contain the following information, stating in each case the date on which any assessment which is the source of the information so provided was carried out—

(a) the respective percentage by weight of pure seed, other seed and inert matter;

(b) the germination percentage of the pure seed, or, where germination percentage is impossible or impractical to assess, the viability percentage assessed by reference to a method which shall be described;

(c) the weight of 1,000 pure seeds; and

(d) the number of germinable seeds per kilogram of the seed, or, where the number of germinable seeds is impossible or impractical to assess, the number of viable seeds per kilogram.

(3) When forest reproductive material in the form of seed of any given season’s crop is first sold in that season as forest reproductive material, it need not meet the requirements of [F3 paragraph (2)(b) or, in the case of material produced in an EU-approved third country, the requirements of paragraph (2)(d)] if the testing required to ascertain that information has not been concluded, but shall meet those requirements during all subsequent marketing where the supplier’s label or document is needed.

(4) The information requirements of [F4 paragraphs] (2)(b) and (d) shall not apply to forest reproductive material in the form of seed which is marketed in quantities no greater than those described in respect of the individual species and artificial hybrids listed in Schedule 11.

(5) Seed units shall be marketed only in sealed packages, the sealing device of which shall be such that it becomes unusable once the sealed package has been opened.

(6) Any label or document, other than those which may be created pursuant to regulation 14(1) or this regulation, which accompanies any lot of forest reproductive material derived from basic material consisting of a genetically modified organism shall clearly document that fact, whether the label is required by law or not.

(7) Where a supplier’s labels or documents are printed or otherwise created using coloured labels, the colour of the supplier’s label or document shall be—

(a) yellow for forest reproductive material of the category “source-identified”;

(b) green for forest reproductive material of the category “selected”;

(c) pink for forest reproductive material of the category “qualified”; and

(d) blue for forest reproductive material of the category “tested”.

Textual Amendments

F1 Words in reg. 19(1)(e) added (9.10.2006) by The Forest Reproductive Material (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2530), regs. 1, 6(a)

F2 Reg. 19(1)(i) added (9.10.2006) by The Forest Reproductive Material (Great Britain) (Amendment) Regulations 2006 (S.I. 2006/2530), regs. 1, 6(b)

F3 Words in reg. 19(3) substituted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 7(a); and substituted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 7(a)

F4 Word in reg. 19(4) substituted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 7(b); and substituted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 7(b)