The Oil and Fibre Plant Seed (Wales) Regulations 2004

Labelling of packages

26.—(1) Subject to paragraphs (2) and (3), no person shall market any breeder’s seed, officially certified pre-basic, basic, CS, C1, C2, C3 or commercial seed, or a varietal association of seeds to which regulation 22 applies, except in a package that is labelled in accordance with the following paragraphs of this regulation.

(2) Paragraph (1) shall not apply to the marketing of seed, as grown, for processing provided the identity of the seed is ensured.

(3) A person may market any seeds otherwise than in a package that does not comply with the other provisions of this regulation where —

(a) the seeds are sold in a quantity not exceeding 5 kilograms, and

(b) the seeds are taken, in the presence of the final consumer, from a container on which there is clearly and visibly marked or near which there is clearly and visibly displayed a statement containing particulars of the matters specified in paragraph 1 of Schedule 8.

(4) A package of breeder’s seed shall be labelled in accordance with paragraphs 2 and 3 of Schedule 8.

(5) A package of officially certified pre-basic seed shall be labelled —

(a) in the case of a package of seed sealed in Wales, in accordance with paragraphs 4 to 7 of Schedule 8, and

(b) in the case of a package of seed sealed —

(i) in the United Kingdom, elsewhere than in Wales, or

(ii) in another member State,

in accordance with the provisions of Article 18(c) of the Oil and Fibre Plant Seed Directive.

(6) A package of officially certified basic, CS, C1, C2 or C3 seed, other than a small package of such seed sealed in the United Kingdom, shall be labelled —

(a) in the case of a package of seed sealed in Wales, in accordance with paragraphs 8 to 12 of Schedule 8;

(b) in the case of a package of seed sealed —

(i) in the United Kingdom, elsewhere than in Wales, or

(ii) in another member State,

in accordance with the provisions of Article 12(1)(a) of the Oil and Fibre Plant Seed Directive; and

(c) in the case of a package of seed sealed in an equivalent third country, in accordance with the provisions of paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision.

(7) A small package of basic, CS, C1, C2 or C3 seed sealed in Wales shall be labelled in accordance with paragraphs 13 to 15 of Schedule 8.

(8) A package of officially certified commercial seed, other than a small package of such seed sealed in the United Kingdom, shall be labelled —

(a) in the case of a package of seed sealed in Wales, in accordance with paragraphs 16 to 20 of Schedule 8;

(b) in the case of a package of seed sealed —

(i) in the United Kingdom, elsewhere than in Wales, or

(ii) in another member State,

in accordance with the provisions of Article 12(1)(a) of the Oil and Fibre Plant Seed Directive; and

(c) in the case of a package of seed sealed in an equivalent third country, in accordance with the provisions of paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision.

(9) A small package of officially certified commercial seed sealed in Wales shall be labelled in accordance with paragraphs 21 to 23 of Schedule 8.

(10) A package of officially certified basic, CS, C1, C2, C3 or commercial seed (other than a small package of such seed sealed in the United Kingdom) shall contain a document that —

(a) in the case of a package of seed sealed in Wales —

(i) is the same colour as the official label fixed to the outside of the package in accordance with the provisions of this regulation, and

(ii) contains the particulars specified in paragraph 8(c), (e) and (f) of Schedule 8 in the case of a package of officially certified basic, CS, C1, C2 or C3 seed and the particulars specified in paragraph 16(b), (d) and (f) of Schedule 8 in the case of a package of officially certified commercial seed;

(b) in the case of a package of seed sealed —

(i) in the United Kingdom, elsewhere than in Wales, or

(ii) in another member State,

is in accordance with the provisions of Article 12(1)(b) of the Oil and Fibre Plant Seed Directive; and

(c) in the case of a package of seed sealed in an equivalent third country, is in accordance with the provisions of paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision.

(11) The provisions of paragraph (10) shall not apply if —

(a) in the case of a package of officially certified basic, CS, C1, C2 or C3 seed, the following particulars are printed indelibly on the outside of the package —

(i) the reference number of the seed lot from which the seed has been taken;

(ii) the species, indicated at least under its botanical name, which may be given in abridged form and without the author’s name, in Roman characters; and

(iii) the variety, indicated at least in Roman characters;

(b) in the case of a package of officially certified commercial seed, the following particulars are printed indelibly on the outside of the package —

(i) the words “Commercial seed (not certified as to variety)”;

(ii) the reference number of the seed lot from which the seed has been taken; and

(iii) the species, indicated at least under its botanical name, which may be given in abridged form and without the author’s name, in Roman characters; or

(c) the official label is an adhesive or a tear resistant label.

(12) A package of a varietal association shall be labelled —

(a) in the case of a package of seed sealed in Wales, in accordance with paragraphs 24 to 28 of Schedule 8, and

(b) in the case of a package of seed sealed —

(i) in the United Kingdom, elsewhere than in Wales, or

(ii) in another member State,

in accordance with point (aa) of Annex IV to the Oil and Fibre Plant Seed Directive.

(13) In the case of seed of a variety that has been genetically modified —

(a) any label or document, official or otherwise, which is fixed to or accompanies a seed lot or any part of a seed lot under the provisions of these Regulations, and

(b) any particulars given under paragraph (3),

shall clearly indicate that the variety has been genetically modified.

(14) If any breeder’s seed or officially certified pre-basic, basic, CS, C1, C2, C3 or commercial seed or a varietal association of seed has been subjected to any chemical treatment then this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either —

(a) in a case where paragraph (3) applies, with the particulars given in accordance with that paragraph; and

(b) in a case where paragraph (3) does not apply —

(i) on a separate supplier’s label on the package; or

(ii) on the label required under paragraph (4), (5), (6), (7), (8), (9) or (12);

and also, except where the information prescribed by this paragraph is given on an adhesive or tear-resistant label, either on the outside of the package or on a document enclosed inside the package.

(15) Subject to paragraph (16), if a package of official certified pre-basic, basic, CS, C1, C2, C3 or commercial seed, other than a small package of basic, CS, C1, C2, C3 or commercial seed, has been resealed this fact shall be stated on the official label together with the date of resealing and the name of the authority responsible for the resealing.

(16) Where a package of seed of the type specified in paragraph 16, 17(3), 22, 23(3), 30, 31(4), 38 or 39(4) of Schedule 1 is resealed, the package shall be labelled with an OECD label containing the particulars otherwise required under this regulation.

(17) The particulars and the information given in accordance with this regulation shall be given in one of the official languages of the European Community.

(18) Notwithstanding the provisions of paragraphs (6), (8) and (12) a package (other than a small package) of basic, CS, C1, C2 or C3 seed may be marketed if —

(a) the appropriate particulars of the matters specified in paragraphs 8(a) to (n) of Schedule 8 and, if so desired, the particulars specified in paragraph 9 of that Schedule are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified, and

(b) the requirements of Part VII of that Schedule are satisfied.

(19) Subject to the provisions of the Act and of these Regulations, no person shall, in the course of the marketing or the preparation for marketing of any seed by himself or herself or another person, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label fixed to, contained in or marked on any package of seed or which is to be so fixed, contained or marked.