The Fodder Plant Seed (England) Regulations 2002

Re-grading of seed

13.—(1) An application to re-grade seed of any category and, where applicable, level specified in entry 1 or 2 in column 1 of the table in Schedule 5 as seed of any category and, where applicable, level “(the new category”) specified in entry 1 or 2 respectively in column 2 of the table may be made to the Secretary of State by a registered person.

(2) An application made under this regulation shall be made in such form and manner and at such time as the Secretary of State shall require and, if required by the Secretary of State, shall be accompanied by—

(a) an official sample of the seed to which the application relates;

(b) an application made under regulation 11 for the testing of an official sample of the seed lot; and

(c) such other information and other documents as the Secretary of State may require for the purpose of determining the application.

(3) The Secretary of State—

(a) may test, or arrange for a licensed seed testing station to test, an official sample of a seed lot in respect of which an application under this regulation has been made to re-grade—

(i) UK, EC or overseas tested officially certified pre-basic seed of a listed variety as UK officially certified basic seed of a listed variety, and

(ii) UK, EC, third country or overseas tested officially certified basic seed of a listed variety as UK officially certified pre-basic seed of a listed variety;

to determine whether the official sample would meet the conditions laid down in Part II of Schedule 4 for the new category and, where applicable, level of seed;

(b) subject to paragraph (4), shall test, or arrange for a licensed seed testing station to test, an official sample of the seed lot in the case of any other application made under this regulation to determine whether the official sample would meet the conditions laid down in Part II of Schedule 4 for the new category and, where applicable, level of seed.

(4) Where a seed test report has previously been issued in accordance with regulation 11(8)(a), (9), (10), (11) or (12) in respect of a seed lot for which an application has been made under this regulation, the Secretary of State may decide not to test the official sample referred to in paragraph (2) for the purposes of paragraph (3)(b) if the information contained in the previously issued report contains sufficient information to enable her to determine that the official sample would meet the conditions laid down in Part II of Schedule 4 for the appropriate category and, where applicable, level of seed.

(5) Where—

(a) in the case of an application to re-grade seed as pre-basic or basic seed—

(i) the Secretary of State is satisfied that the seed has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety;

(ii) in a case where the seed was harvested from a crop produced in England, the Secretary of State carried out a field inspection of the crop;

(iii) in a case where the seed was harvested from a crop produced in the United Kingdom elsewhere than in England, a field inspection of the crop was carried out by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;

(iv) in a case where the seed was harvested from a crop produced in another member State, a field inspection of the crop was carried out by or on behalf of the seed certification authority in the member State; and

(v) in a case where the seed was harvested from a crop produced in an equivalent third country, a field inspection of the crop was carried out by the approved seed certification authority in the third country;

(b) in the case of an application to re-grade pre-basic or basic seed as minimum or HVS level CS seed or C1 or C2 seed, the Secretary of State is satisfied that the seed has been harvested from a crop produced directly from UK, EC or overseas tested officially certified pre-basic seed of a listed variety;

(c) in the case of an application to re-grade seed, other than pre-basic or basic seed, as minimum or HVS level CS seed or C1 or C2 seed, the Secretary of State is satisfied that the seed has been harvested from a crop produced directly from—

(i) UK, EC, third country or overseas tested officially certified basic seed of a listed variety, or

(ii) with the breeder’s written authority, from UK, EC or overseas tested officially certified pre-basic seed of a listed variety;

(d) the Secretary of State is satisfied that the seed was harvested from a crop that met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category and, where appropriate, level of seed;

(e) in a case where the official sample referred to in paragraph (2) has been tested in accordance with paragraph (3), it has been found to satisfy the conditions laid down in Part II of Schedule 4 for the new category of seed; and

(f) in a case where the official sample referred to in paragraph (2) has not been tested, the Secretary of State is satisfied on the basis of the information contained in a seed test report previously issued in respect of the lot—

(i) by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development or by a licensed seed testing station;

(ii) by or on behalf of the competent seed certification authority in another member State or by a licensed EC seed testing station in another member State; or

(iii) by the approved seed certification authority or by a licensed third country seed testing station in an equivalent third country,

that the seed in the lot satisfies the conditions laid down in Part II of Schedule 4 for the new category of seed,

the Secretary of State shall notify the applicant that his application to re-grade the seed lot has been successful.

(6) Where the Secretary of State is satisfied that the conditions specified in paragraph (5) have not been met she shall notify the applicant that his application to re-grade the seed lot has been unsuccessful.