39.—(1) Vegetable seed must be—
(a)pre-basic seed;
(b)basic seed;
(c)certified seed; or
(d)standard seed.
(2) The seed may be a mixture of different varieties of the same vegetable species provided that each variety in the mixture is standard seed.
40. Pre-basic seed is seed—
(a)produced from a generation prior to 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.
41.—(1) Basic seed is seed—
(a)produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety;
(b)intended for the production of certified seed.
(2) For the avoidance of doubt this includes seed intended as a component of a hybrid variety of vegetable.
42. Certified seed is seed—
(a)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;
(b)intended mainly for the production of vegetables.
43. Standard seed is seed that is intended mainly for the production of vegetables and has been approved by the Department as having sufficient varietal purity and varietal identity.
44.—(1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(4)(A) of, and Annex I to, Council Directive 2002/55/EC on the marketing of vegetable seed, and the crop must satisfy the conditions in that Annex.
(2) The seed produced by the crop must be sampled in accordance with Article 25 of, and Annex III to, that Directive and must satisfy the conditions in Annex II to that Directive.
(3) Sub-paragraph (1) does not apply in the case of standard seed.
(4) Diseases and harmful organisms that reduce the usefulness of the seed must be at the lowest possible level.
(5) After marketing, vegetable seed is subject to control by the Department for varietal identity and varietal purity.