The Seed Marketing Regulations (Northern Ireland) 2016

Marketing seed of conservation varieties N.I.

8.—(1) The Department may authorise the marketing of seed of a conservation variety in accordance with this paragraph.

(2) The seed must be of a variety listed as a conservation variety in the [F1 NI Variety List].

(3) The seed must be produced from a crop grown in the region of origin specified for the variety in the [F1 NI Variety List] or as authorised by the Department.

(4) The seed may only be marketed and used in the stated region of origin.

(5) The total amount of seed marketed in any year must be limited in accordance with Article 14 of Commission Directive 2008/62/EC (which relates to agricultural conservation varieties) and Article 15 of and Annex I to Commission Directive 2009/145/EC (which relates to vegetable conservation varieties).

[F2 (5A) For the purposes of sub-paragraph (5)—

(a) Article 14 of Commission Directive 2008/62/EC is to be read as if—

(i) in the first paragraph—

(aa) the words “Each member State shall ensure that, ” were omitted;

(bb) the reference to “that member State”, there were substituted “the United Kingdom”;

(ii) in the second paragraph—

(aa) the words “in each member State” were omitted;

(bb) for the references to “the member State”, in both places, there were substituted “ the United Kingdom ”;

(b) Article 15 of Commission Directive 2009/145/EC, is to be read as if—

(i) the words “Each member State shall ensure that” were omitted;

(ii) for “does”, there were substituted “ must ”.]

[F3 (5A) For the purposes of sub-paragraph (5), insofar as it relates to fodder seed, Article 14 of Commission Directive 2008/62/EC is to be read as if—

(a) in the first paragraph—

(i) the words “Each Member State shall ensure that,” were omitted;

(ii) the reference to “that Member State”, there were substituted “the United Kingdom”;

(b) in the second paragraph—

(i) the words “in each Member State” were omitted;

(ii) for the references to “the Member State”, in both places, there were substituted “the United Kingdom”.]

(6) Except in the case of seed of a vegetable conservation variety which is verified as standard seed, the seed must descend from seed produced according to well-defined practices for maintenance of the variety.

(7) In the case of beet seed, cereal seed, fodder plant seed and oil and fibre seed, the seed must comply with the requirements for certification of certified seed [F4 specified for that species (as the case may be) in Schedule 2], except the requirements in respect of minimal varietal purity and examination.

(8) Vegetable seed must comply with—

(a) the requirements for certification of certified seed set out in [F5 Schedule 2], except the requirements in respect of minimal varietal purity and examination; or

(b) the requirements for marketing of standard seed set out in [F6 these Regulations], except the requirements in respect of minimal varietal purity.

(9) Seed of a conservation variety must have sufficient varietal purity.

(10) The seed must not be sold as loose seed under paragraph 25 of Schedule 3.

(11) The seed must be labelled with a supplier's label or a printed or stamped notice which, in addition to complying with the applicable provisions of the paragraph of Part 4 of Schedule 3 which applies to the type of seed in question (except provisions specifying a colour of label)—

(a) contains—

(i) in the case of an agricultural conservation variety, the words “conservation variety”; or

(ii) in the case of a vegetable conservation variety, the words “certified seed of a conservation variety” or “standard seed of a conservation variety”;

(b) states the region of origin; and

(c) is coloured brown.

(12) In this paragraph “conservation variety” has the meaning given by regulation 2(1) of the [F7 Seeds (Northern Ireland Variety Lists) Regulations (Northern Ireland) 2020].

Textual Amendments

F1 Words in Sch. 4 para. 8 substituted (31.12.2020) by The Seeds (Variety Lists) Regulations (Northern Ireland) 2020 (S.R. 2020/302), regs. 1, 26(1)(e)(i)

F2 Sch. 4 para. 8(5A) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 52(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Sch. 4 para. 8(5A) inserted (31.12.2020) by The Seed Marketing and Fertilisers (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/319), regs. 1, 3(h)(iii)(aa)

F4 Words in Sch. 4 para. 8(7) substituted (31.12.2020) by The Seed Marketing and Fertilisers (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/319), regs. 1, 3(h)(iii)(bb)

F5 Words in Sch. 4 para. 8(8)(a) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 52(e)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Sch. 4 para. 8(8)(b) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 52(e)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Sch. 4 para. 8(12) substituted (31.12.2020) by The Seeds (Variety Lists) Regulations (Northern Ireland) 2020 (S.R. 2020/302), regs. 1, 26(1)(e)(ii)