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The Seed (Registration, Licensing and Enforcement) (Wales) Regulations 2005

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General interpretation

2.—(1) In these Regulations—

“the Act” means the Plant Varieties and Seeds Act 1964;

“Analyst in Charge” and “seed analyst” have the meaning given in regulation 27(1);

“authorised officer” means an officer authorised by the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development for the purposes of these Regulations;

“the Department of Agriculture and Rural Development” means the Department of Agriculture and Rural Development in Northern Ireland;

“LSTS” means a laboratory in respect of which a licence has been granted pursuant to regulation 25;

“the National Assembly” means the National Assembly for Wales;

“official measures” includes—

(a)

matters connected with the registration of a person who may engage in a seed industry activity under Part II of these Regulations;

(b)

matters connected with the training, examination and licensing of crop inspectors under Part III of these Regulations;

(c)

matters connected with the training, examination and licensing of seed samplers under Part IV of these Regulations; and

(d)

matters connected with the licensing of seed testing stations and the training and examination of seed analysts and Analysts in Charge under Part V of these Regulations;

“prescribed minimum weight”, in relation to a submitted sample, means the minimum weight of such a sample as prescribed in Schedule 7 of the appropriate Seed Marketing Regulations;

“registered person” means a person registered pursuant to regulation 5 as a person who may engage in a seed industry activity;

“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;

“seed” means seed of any species to which Seed Marketing Regulations apply;

“seed industry activity” means any of the following—

(a)

the marketing of seed other than the marketing—

(i)

of small packages of seed, small EC packages of seed (as defined in each case in the Seed Marketing Regulations);

(ii)

of unpacketed seed;

(iii)

by a producer of small quantities of seed for scientific purposes or selection work in compliance with an authorisation referred to in that connection in the Seed Marketing Regulations which would permit the marketing of such seed under those Regulations;

(iv)

by a producer of seed for test and trial purposes in compliance with an authorisation referred to in that connection in the Seed Marketing Regulations (where applicable) which would permit the marketing of such seed under those Regulations;

(v)

by or on behalf of a breeder of seed for market testing in compliance with an authorisation referred to in that connection in the Vegetable Seed (Wales) Regulations 2005 which would permit the marketing of such seed under those Regulations; or

(vi)

of seed, as grown, for processing provided the identity of the seed is ensured;

(b)

the packing, sealing or labelling of seed (including the labelling or marking of standard seed of vegetables) except small packages of seed, small EC packages of seed (as defined in each case in the Seed Marketing Regulations);

(c)

the re-packing, re-sealing or re-labelling of seed;

(d)

the preparation of mixtures of seeds permitted by the Seed Marketing Regulations; and

(e)

the cleaning, treating or other processing of seed intended for marketing;

“the Seed Marketing Directives” means—

(a)

Council Directive 2002/54/EC(1) on the marketing of beet seed, as last amended by Council Directive 2004/117/EC(2);

(b)

Council Directive 66/402/EEC(3) on the marketing of cereal seed, as last amended by Council Directive 2004/117/EC;

(c)

Council Directive 66/401/EEC(4) on the marketing of fodder plant seed, as last amended by Council Directive 2004/117/EC;

(d)

Council Directive 2002/57/EC(5) on the marketing of oil and fibre plant seed as last amended by Council Directive 2004/117/EC; and

(e)

Council Directive 2002/55/EC(6) on the marketing of vegetable seed, as last amended by Council Directive 2004/117/EC;

“the Seed Marketing Regulations” means—

(a)

in relation to beet seed, the Beet Seed (Wales) Regulations 2005(7);

(b)

in relation to cereal seed, the Cereal Seed (Wales) Regulations 2005(8);

(c)

in relation to fodder plant seed, the Fodder Plant Seed (Wales) Regulations 2005(9);

(d)

in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Wales) Regulations 2004(10)); and

(e)

in relation to vegetable seed, the Vegetable Seed (Wales) Regulations 2005(11)); and

“statutory seed testing” means seed testing carried out for the purposes of the Seed Marketing Regulations.

(2) Subject to paragraph (3), in these Regulations “marketing” means—

(a)selling, holding with a view to sale and offering for sale, and

(b)any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,

whether or not for consideration, and “market” and “marketed” shall be construed accordingly.

(3) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations—

(a)the supply of seed to official testing and inspection bodies, and

(b)the supply of seed to a person who provides processing or packaging services but who does not thereby acquire title to the seed supplied,

shall not be regarded as marketing of seed of that variety.

(4) All applications, statements of commitment, representations, notices and requests to which these Regulations apply shall be made in writing.

(5) “Writing” in paragraph (4) shall include an electronic communication within the meaning of the Electronic Communications Act 2000(12)) provided that—

(a)any document of the type referred to in paragraph (4) shall only be sent to the National Assembly by an electronic communication if the National Assembly has represented that electronic communication is a means by which persons can send such a document to it, and

(b)notifications required to be made by the National Assembly to any person shall only be made by an electronic communication if the intended recipient has used the same form of electronic communication in communicating with the National Assembly pursuant to any provision of these Regulations or has otherwise represented that that form of electronic communication is a means by which the National Assembly can communicate with the intended recipient.

(6) Expressions in these Regulations which are not defined in the preceding paragraphs of this regulation and which appear in the Seed Marketing Regulations have the same meaning in these Regulations as they have in those Regulations.

(1)

OJ No. L. 193, 20.7.2002, p. 12.

(2)

OJ No.L. 014, 18.1.2005, p. 18.

(3)

OJ No. L. 125, 11.7.66, p. 2309.

(4)

OJ No. L.125, 11.7.66, p. 2298.

(5)

OJ No. L.193, 20.7.2002, p. 74.

(6)

OJ No. L.193, 20.7.2002, p. 33.

(12)

2000 c. 7.

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