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Version Superseded: 31/12/2020
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8. This Part regulates the types of cereal in Schedule 1.
9.—(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.
10. 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).
11. 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; | |||
(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 | |||
12. Certified seed is seed—
(a)of rye, maize, or triticale and hybrids of barley, oats, wheat, durum wheat, spelt wheat;
(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; and
(c)that is intended for purposes other than the production of cereal seed.
13. 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.
14. 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.
15.—(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(1), and the crop must satisfy the conditions in that Annex.
(2) The seed produced by the crop must be sampled in accordance with Article 7 of, and Annex III to, that Directive and must satisfy the conditions in Annex II to that Directive.
(3) The moisture content must not exceed 17% by weight.
[F1(4) The crop and the seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.
(5) The crop and the seed produced by the crop must comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs set out in implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation.]
Textual Amendments
F1Sch. 2 para. 15(4)(5) substituted for Sch. 2 para. 15(4) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 4(3)(b)
16.—(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 regulated under Chapter 1, if it meets the higher standards in this Chapter.
(2) The crop must have at least 99.99% (by number) species purity.
(3) 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.
(4) In the case of C1 and C2 the seed must have 99% by weight analytical purity.
17. In the case of barley, wheat, durum wheat and spelt wheat—
(a)the maximum number of wild oats in a crop is 7 per hectare.
(b)the maximum percentage by number of loose smut infection in seed is—
(i)0.1% for basic seed;
(ii)0.2% for C1 and C2 seed.
18. The number of seeds from other plant species in a sample of 1000g must not exceed the following.
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 | Wild oats or 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 |
C1 | 2 | 1 | 1 | 0 | 1 |
C2 | 4 | 3 | 2 | 0 | 1 |
19. In a sample of 1000g—
(a)in the case of basic seed there must be no ergot or sclerotia;
(b)in the case of certified seed (C1 or C2) there must be no more than one piece of ergot or sclerotia.
OJ No L 125, 11.7.1966, p. 2309, as last amended by Commission Directive 2009/74/EC (OJ No L 166, 27.6.2009, p. 40).
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