The Seed Marketing Regulations 2011 No. 463

SCHEDULE 2 U.K. Certification requirements

PART 3 U.K. Fodder plants

CHAPTER 1 U.K. Basic standards

Scope of Part 3 U.K.

20.  This Part regulates the types of fodder plants in Schedule 1.

Permitted types of fodder seed U.K.

21.—(1) Fodder seed must be—

(a) pre-basic seed;

(b) basic seed;

(c) certified seed;

(d) certified seed, first generation;

(e) certified seed, second generation;

(f) commercial seed; or

(g) seed of a higher voluntary standard.

(2) The seed may be a mixture of fodder species of different varieties provided that each variety in the mixture is certified.

Meaning of “pre-basic seed” U.K.

22.  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 CS, C1 or C2.

Meaning of “basic seed” U.K.

23.—(1) Basic seed is seed of—

(a) bred varieties; or

(b) local varieties.

(2) Seed of bred varieties 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.

(3) Seed of local varieties is seed—

(a) produced under official control from material officially accepted as being of the local variety on one or more holdings situated within a clearly demarcated region of origin;

(b) intended for the production of certified seed.

Meaning of “certified seed” U.K.

24.  Certified seed is seed (other than of field beans, field peas, [F1 lucerne (Medicago sativa),] lupins and vetches)—

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

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

Textual Amendments

F1 Words in Sch. 2 para. 24 inserted (31.12.2012) by The Seed Marketing (Amendment) Regulations 2012 (S.I. 2012/3035), regs. 1, 5

Meaning of “certified seed, first generation” U.K.

25.  Certified seed, first generation in relation to field beans, field peas, lucerne (Medicago sativa), lupins and vetches is seed—

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

(b) intended for—

(i) the production of certified seed, second generation (in the case of field beans and field peas only); or

(ii) purposes other than the production of seed (in all cases).

Meaning of “certified seed, second generation” U.K.

26.  Certified seed, second generation in relation to field beans, field peas, lucerne (Medicago sativa), lupins and vetches is seed—

(a) produced directly from basic seed, from certified seed, first generation (C1) or, if the breeder so requests, from pre-basic seed that satisfies the conditions for basic seed; and

(b) intended for purposes other than the production of seed of fodder plants.

Meaning of “commercial seed” U.K.

27.  Commercial seed is seed of annual meadowgrass, Hungarian vetch or sainfoin that is identifiable as belonging to a species.

Crop and seed requirements U.K.

28.—(1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(3)(A) [F2 (a) to (d)] of, and Annex I to, Council Directive 66/401/EEC on the marketing of fodder plant seed(1), and the crop must satisfy the conditions in that Annex.

[F3 (1A) For the purposes of sub-paragraph (1), Council Directive 66/401/EEC is to be read as if—

(a) in Article 2(3)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Secretary of State ”;

(b) in Annex 1, in paragraph 4, in the second sub-paragraph, the words from “Upon” to the end were omitted.]

(2) The seed produced by the crop must be sampled in accordance with Annex III to that Directive, and must satisfy the conditions in Annex II to that Directive.

[F4 (3) 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.

(4) The crop and seed produced by the crop must comply with the requirements concerning [F5 GB] quarantine pests, [F6 PFA] 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

F2 Words in Sch. 2 para. 28(1) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1(b), 7(13)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Sch. 2 para. 28(1A) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1(b), 7(13)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Sch. 2 para. 28(3)(4) substituted for Sch. 2 para. 28(3) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 4(3)(c)

F5 Word in Sch. 2 para. 28(4) substituted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 2(2)(b)(ii)

F6 Word in Sch. 2 para. 28(4) substituted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 2(2)(b)(i)

CHAPTER 2 U.K. Higher voluntary standards

Higher voluntary standards for fodder seed U.K.

[F7 29.   The following may be marketed as seed of a higher voluntary standard—

(a) cocksfoot, festulolium, hybrid ryegrass, Italian ryegrass, meadow fescue, perennial ryegrass, red clover, red fescue, sainfoin, small timothy, timothy, smooth stalked meadow grass, tall fescue and white clover, where any of these are classified as certified seed (CS);

(b) lucerne, classified either as certified seed of the first generation (C1) or certified seed of the second generation (C2).]

Textual Amendments

F7 Sch. 2 para. 29 substituted (30.6.2016) by The Seed Marketing (Amendment) Regulations 2016 (S.I. 2016/613), regs. 1(1), 5

Minimum standards for purity and other species of seed in the sample U.K.

30.  The sample taken under paragraph 28(2) for the purposes of Council Directive 66/401/EEC must have the minimum standards set out in the following table.

Column header	Minimum analytical purity (% by weight)	Total weight of all other species (% by weight	Total weight of a single other species (% by weight	Seed of Rumex spp excluding R acetosella and R maritimus	Seed of couch	Seed of blackgrass	Limits of other specific species
Fine grasses
festulolium	98	1.5	0	0	10	0
red fescue	95	1.5	0.5	5	10	10	The sample must have no more than four seeds ryegrass, cocksfoot, meadow fescue and 0.3% rough stalked meadow grass
smooth-stalked meadowgrass	90	1.5	0.5	2	3	3	Maximum of 0.4% by weight of seed of other meadow grass
Fodder grasses
cocksfoot	90	1.5	0.5	5	10	10
meadow fescue, tall fescue	98	1.5	0.5	5	10	10	0.3% rough stalked meadow grass, 0.3% ryegrass
hybrid ryegrass, Italian ryegrass, perennial ryegrass	98	1.5	0.5	5	10	10	0.4% annual meadowgrass, 0.3% rough stalked meadow grass
small timothy, timothy	98	1.5	0.5	4	10	10	0.3% Agrostis spp
Small seeded legumes
lucerne, red clover, white clover	98	1.5	0.5	10	10	10	0.3% Melitotus spp
sainfoin	98	1.5	0.5	5	10	10	0.3% Melitotus spp

(1)

OJ No L 125, 11.7.1966, p. 2298, as last amended by Commission Directive 2009/74/EC (OJ No L 166, 27.6.2009, p. 40).