The Vegetable Seed (Wales) (Amendment) Regulations 2011

Explanatory Note

(This note is not part of the Order)

These Regulations amend the Vegetable Seed (Wales) Regulations 2005, S.I. 2005/3035 (W.223) (“the principal Regulations”) so as to implement Commission Directive 2009/145 (O.J. L312, 27.11.2009, p.44) (“the Directive”). The Directive provides for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties.

Regulation 3 amends regulation 2(1) of the principal Regulations to introduce new definitions.

Regulation 4 amends regulation 19 of the principal Regulations. The new regulation 19A of the principal Regulations, inserted by regulation 4 of these Regulations, provides that seed of a conservation variety must only be marketed in its region of origin, or an additional region, and is subject to quantitative restrictions. No official examination is required although seed of a conservation variety is subject to official post control.

The Regulations also provide for the marketing of amateur varieties. Regulation 7 amends Schedule 1 of the principal Regulations to introduce a definition of standard seed of an amateur variety. The new regulation 19B of the principal Regulations, inserted by regulation 4 of these Regulations, provides that standard seed of an amateur variety is subject to the quantitative restrictions in Article 28 and Annex II of the Directive. No official examination is required although standard seed of an amateur variety is subject to official post control.

These Regulations also make consequential amendments to the principal Regulations including—

(a) The insertion of other new definitions in the principle Regulations (regulations 3 and 7);

(b) Various amendments to sampling, sealing, and labelling (regulations 4, 5, 6, 8 and 9).

A partial Regulatory Impact Assessment was prepared on a UK wide basis, in relation to implementing the Directive, by the UK Food and Environment Research Agency (FERA) which is available on the website of the UK Government’s Department for Food, Environment and Rural Affairs (DEFRA).