The Cereal Seed (England) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply in England and come into force on 31st January 2003. They revoke and replace, with modifications, the Cereal Seeds Regulation 1993 (S.I. 1993/2005) insofar as they apply to England. They also revoke the Cereal Seeds (Amendment) Regulations 1995 (S.I. 1995/1482), the Seeds (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/616) and the Cereal Seeds (Amendment) Regulations 1999 (S.I. 1999/1860) insofar as they apply to England and the Cereal Seeds (Amendment) (England) Regulations 1999 (S.I. 1999/2196) and the Cereal Seeds (Amendment)(England) Regulations 2000 (S.I. 2000/1793), all of which amended the 1993 Regulations.

The 1993 Regulations implemented the provisions of Council Directive 66/402/EEC on the marketing of cereal seed (O.J. No. L125, 11.7.66, p. 2309 OJ/SE 1965–66, p. 143). These Regulations continue to implement the provisions of that Directive as last amended by Council Directive 2001/64/EC (O.J. No. L234, 1.9.2001, p. 60.).

The Regulations apply to the certification and marketing of cereal seed of the species specified in Schedule 2 to these Regulations (regulation 5). They do not apply to seed harvested on or before 31st December 2002 until 1st July 2003 (regulation 33).

The Regulations include provisions that lay down the procedures relating to the certification of cereal seed in England (Part II), including provisions relating to the entry of seed lots (regulation 6), the entry of crops (regulation 7), the field inspection of crops (regulation 8), the lodging of field inspection reports and similar documents (regulation 9), the re-grading of crops (regulation 10), seed testing (regulation 11), the lodging of seed test reports (regulation 12), the re-grading of seed (regulation 13) and the withdrawal of official certification (regulation 14).

The Regulations include provisions that prohibit the marketing of cereal seed in England except for seed that falls into one of the categories listed in Schedule 6 (regulation 15). These categories are defined in Schedule 1. The prohibition does not apply in the case of seed of a category that is not listed in Schedule 6 where an authorisation has been granted for scientific purposes or selection work (regulation 19) or for the purpose of tests and trials (regulation 20) or is authorised by a general licence made under regulation 21.

The Regulations lay down requirements relating to the sampling (regulation 23) and packaging (regulation 24) of seed and the sealing (regulation 25) and labelling of packages (regulation 26) of seed.

The Regulations enable the Secretary of State to make arrangements for any person to act under her responsibility in carrying out official measures (regulation 28) and include provisions relating to the charging of fees (regulation 29).

The contravention of these Regulations is a criminal offence (section 16(7) of the Plant Varieties and Seeds Act 1964).

A Regulatory Impact Assessment and a Transposition Note have been prepared for these Regulations. A copy of each of these documents has been placed in the library of each House of Parliament. Copies can be obtained from the Plant Variety Rights Office and Seeds Division of the Department for Environment, Food and Rural Affairs, White House Lane, Huntingdon Road, Cambridge CB3 0LF.