44. This Part regulates the types of vegetables in Schedule 1.
45.—(1) Vegetable seed must be—
(a)pre-basic seed;
(b)basic seed;
(c)certified seed; or
(d)standard seed.
[F1(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.]
Textual Amendments
F1Sch. 2 para. 45(2) substituted (6.1.2012) by The Seed Marketing (Amendment) Regulations 2011 (S.I. 2011/2992), regs. 1, 6
46. 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.
47.—(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 seeds intended as a component of a hybrid variety of vegetable.
48. 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.
49. Standard seed is seed that is intended mainly for the production of vegetables and has been approved by the Secretary of State as having sufficient varietal purity and varietal identity.
50.—(1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(4)(A) [F2(a) to (d)] of, and Annex I to, Council Directive 2002/55/EC on the marketing of vegetable 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 25 [F3(except paragraphs 1a(f) and 1b)] of, and Annex III to, that Directive and must satisfy the conditions in Annex II to that Directive.
[F4(2A) For the purposes of sub-paragraphs (1) and (2), Council Directive 2002/55/EC is to be read as if—
(a)in Article 2(4)(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 Article 25—
(i)references to “Member States” were references to “the Secretary of State”;
(ii)in paragraph 1a(a), for “seed certification authority of the Member State concerned” there were substituted “ Secretary of State ”.]
(3) Sub-paragraph (1) does not apply in the case of standard seed.
[F5(4) The crop and seed produced by the crop must be practically free from any pests which reduce the usefulness and quality of the seed.
(4A) The crop and seed produced by the crop must comply with the requirements concerning [F6GB] quarantine pests, [F7PFA] 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.]
(5) After marketing, vegetable seed is subject to control by the Secretary of State for varietal identity and varietal purity.
Textual Amendments
F2Words in Sch. 2 para. 50(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)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Sch. 2 para. 50(2) 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)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4Sch. 2 para. 50(2A) 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)(f)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F5Sch. 2 para. 50(4)(4A) substituted for Sch. 2 para. 50(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)(d)
F6Word in Sch. 2 para. 50(4A) 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)
F7Word in Sch. 2 para. 50(4A) 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)
OJ No L 193, 20.7.2002, p. 33, as last amended by Commission Directive 2009/74/EC (OJ No L 166, 27.6.2009, p. 40).