The Seed Marketing Regulations (Northern Ireland) 2016

PART 2 Cereals

Permitted types of cereal seed

7.—(1) Cereal seed must be—

(a) pre-basic seed;

(b) basic seed;

(c) certified seed;

(d) certified seed, first generation;

(e) certified seed, second generation; or

(f) seed of a higher voluntary standard.

(2) The seed may be a mixture of cereal species of different varieties provided that each variety in the mixture is certified and is effective against the propagation of harmful organisms.

Meaning of “pre-basic seed” (including hybrids)

8.  Pre-basic seed (including hybrids) is seed—

(a) produced from a generation prior to pre-basic seed or from pre-basic seed by or under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; and

(b) intended for the production of—

(i) more pre-basic seed;

(ii) basic seed; or

(iii) with the breeder’s written authority, certified seed of categories CS, C1 or C2 (hybrid varieties may not be produced to C1 or C2).

Meaning of “basic seed”

9.  Basic seed is seed complying with the following conditions.

Type of cereal	Condition
Self-pollinating varieties of oats, naked oats, barley, rye, triticale, wheat, durum wheat and spelt wheat	The seed must be— (a) produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; and (b) intended for the production of certified seed of categories CS, C1 or C2
Hybrid varieties of oats, barley, rye, wheat, durum wheat, spelt wheat, triticale and maize	The seed must be intended for the production of hybrids
Maize spp. open-pollinated varieties	The seed must be— (a) produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety; and (b) intended for the production of seed of this variety of the category “certified seed” triple cross or of top cross hybrid variety or of intervarietal hybrids
Maize, inbred lines	Any seed

Meaning of “certified seed”

10.  Certified seed is seed—

(a) of rye and maize and hybrids of barley, oats, wheat, durum wheat, spelt wheat and self-pollinating triticale;

(b) that has been produced directly from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed that satisfies the conditions for basic seed;

(c) that is intended for purposes other than the production of cereal seed.

Meaning of “certified seed, first generation”

11.  Certified seed, first generation is seed—

(a) of oats, barley, triticale, wheat, durum wheat or spelt wheat other than hybrids in each case;

(b) produced directly from basic seed or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed;

(c) intended either for the production of seed of the category “certified seed, second generation” or for purposes other than the production of cereal seed.

Meaning of “certified seed, second generation”

12.  Certified seed, second generation is seed—

(a) of oats, barley, triticale, wheat, durum wheat or spelt wheat other than hybrids in each case;

(b) produced directly from basic seed, from certified seed, first generation or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed;

(c) intended for purposes other than the production of cereal seed.

Crop and seed requirements

13.—(1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(3)(A) of, and Annex I to, Council Directive 66/402/EEC on the marketing of cereal seed, and the crop from which the seed has been produced must—

(a) satisfy the conditions in that Annex; and

(b) be found to be free from plants of wild oat.

(2) The seed produced by the crop must be sampled in accordance with Article 7 of, and Annex III to, that Directive and must—

(a) satisfy the conditions in Annex II to that Directive; and

(b) be free of seeds of wild oat in a 3 kilogram sample.

(3) The moisture content must not exceed 17% by weight.

(4) Diseases and harmful organisms that reduce the usefulness of the seed must be at the lowest possible level.

Higher voluntary standards for cereals

14.—(1) Barley, oats, wheat (including durum wheat and spelt wheat) or naked oats classified as basic seed, or certified seed of categories C1 or C2, may be marketed as being of a higher voluntary standard, which is a standard higher than that required under paragraph 13, if it meets the higher standards specified in this paragraph and paragraphs 15, 16 and 17.

(2) The seed must meet the minimum standards laid down in paragraph 13.

(3) The seed must have at least 99.99% (by number) species purity.

(4) Other than a hybrid, the minimum varietal purity of seed is—

(a) 99.95% for basic seed;

(b) 99.9% for C1 seed;

(c) 99.7% for C2 seed.

(5) In the case of C1 and C2 the seed must have 99% by weight analytical purity.

Additional requirements for barley, wheat, durum wheat and spelt wheat

15.  In the case of barley, wheat, durum wheat and spelt wheat the maximum percentage by number of loose smut infection in seed is—

(a) 0.1% for basic seed;

(b) 0.2% for C1 and C2 seed.

16.  The number of seeds from other plant species in a sample of 1 kilogram must not exceed the following.

Seed of other species

Category of seed sampled	All other plant species (including species specified in columns 3 to 6)	Other cereal species	All plant species other than cereals	Darnel	Wild radish, corn cockle, sterile brome or couch
(a) Only in respect of wild radish and corn cockle.
Basic seed	1	0	1	0	0(a)
C1	2	1	1	0	1
C2	4	3	2	0	1

Ergot and sclerotia

17.  In a sample of 1 kilogram—

(a) in the case of basic seed there must be no ergot or sclerotia;

(b) in the case of certified seed (C1 and C2) there must be no more than one piece of ergot or sclerotia.