Re-grading of seed
13.—(1) An application to re-grade seed of any category and, where applicable, level specified in entry 1, 2, 3 or 4 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, 2, 3 or 4 respectively in column 2 of the table may be made to the National Assembly 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 National Assembly shall require and, if required by the National Assembly, 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 National Assembly may require for the purpose of determining the application.
(3) The National Assembly—
(a)may test, or arrange for a licensed seed testing station to test, the official sample referred to in paragraph (2) in a case where an application has been made under this regulation 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;
(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;
(iii)seed of a category specified in entry 3 in column 1 of the table in Schedule 5 as seed of the other category specified in entry 3 in column 2 of the table; or
(iv)seed of a category specified in entry 4 in column 1 of the table in Schedule 5 as seed of the other category specified in entry 4 in column 2 of the table; and
(b)subject to paragraph (4), shall test, or arrange for a licensed seed testing station to test, the official sample in the case of any other application made under this regulation,
to determine whether it meets the conditions laid down in Part II of Schedule 4 for the new category 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 National Assembly 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 it 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, the National Assembly 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;
(b)in the case of an application to re-grade seed as pre-basic or basic seed—
(i)in a case where the seed was harvested from a crop produced in Wales, the National Assembly carried out a field inspection of the crop;
(ii)in a case where the seed was harvested from a crop produced in the United Kingdom elsewhere than in Wales, a field inspection of the crop was carried out by or on behalf of the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development;
(iii)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
(iv)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;
(c)in the case of an application to re-grade pre-basic seed as CS, C1 or C2 seed, the National Assembly is satisfied that the seed has been produced from UK, EC or overseas tested officially certified pre-basic seed of a listed variety;
(d)in the case of an application to re-grade basic seed as CS or C1 seed, the National Assembly is satisfied that the seed has been harvested from a crop produced, with the breeder’s written authority, directly from UK, EC or overseas tested officially certified pre-basic seed of a listed variety;
(e)in the case of an application to re-grade seed as C2 seed, the National Assembly 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;
(f)the National Assembly 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 of seed;
(g)in a case where the official sample referred to in paragraph (2) has been tested, it has been found to satisfy the conditions laid down in Part II of Schedule 4 for the new category of seed; and
(h)in a case where the official sample referred to in paragraph (2) has not been tested, the National Assembly is satisfied on the basis of the information contained in a seed test report previously issued in respect of the lot—
(i)by on behalf of the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development or by a licensed seed testing station;
(ii)by 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 National Assembly shall notify the applicant that the application to re-grade the seed lot has been successful.
(6) Where the National Assembly is satisfied that the conditions specified in paragraph (5) have not been met it shall notify the applicant that the application to re-grade the seed lot has been unsuccessful.