The Seed Marketing (Wales) Regulations 2012

Welsh Statutory Instruments

2012 No. 245 (W.39)

SEEDS, WALES

The Seed Marketing (Wales) Regulations 2012

Made

1 February 2012

Laid before the National Assembly for Wales

2 February 2012

Coming into force

27 February 2012

The Welsh Ministers make these Regulations in exercise of the powers in sections 16(1), (1A), (2), (3), (4), (5) and (5A) and 36 of the Plant Varieties and Seeds Act 1964 M1 , after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to be concerned, and in exercise of the powers in paragraph 1A of Schedule 2 to the European Communities Act 1972 M2 .

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for the references in these Regulations to the Directives specified in regulation 3(2) to be construed as references to those Directives as amended from time to time.

Modifications etc. (not altering text)

C1 Regulations applied (with modifications) (temp.) (7.10.2024) by The Seed Marketing (CMS Wheat Hybrids) (Temporary Experiment) (Wales) Regulations 2024 (S.I. 2024/953), regs. 1(1), 6, Sch. (with reg. 1(3))

Marginal Citations

M1 1964 c. 14; section 16 was amended by section 4(1) of, and paragraph 5(1), (2) and (3) of Schedule 4 to, the European Communities Act 1972 (c. 68), S.I. 1977/1112 and section 2 of the Agriculture Act 1986 (c. 49). See section 38(1) for a definition of “the Minister”. Under the Transfer of Functions (Wales) (No.1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State and under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1, the functions transferred to the Secretary of State by the 1978 transfer Order were transferred to the National Assembly for Wales. By virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 those functions are exercisable by the Welsh Ministers.

M2 1972 c. 68; paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

PART 1 E+W Introduction

Title, application and commencement E+W

1.—(1) The title of these Regulations is the Seed Marketing (Wales) Regulations 2012.

(2) These Regulations apply in relation to Wales and come into force on 27 February 2012.

Meaning of “marketing” E+W

2.—(1) In these Regulations “ marketing” (“marchnata”) means the sale, holding with a view to sale, offer for sale or any disposal, supply or transfer aimed in each case at commercial exploitation of seed to third parties, whether or not for consideration.

(2) But marketing does not include trade that is not aimed at commercial exploitation, such as—

(a) the supply of seed to official testing and inspection bodies; or

(b) the supply of seed to a person who provides processing services but who does not acquire title to the seed.

Interpretation of other terms E+W

3.— [F1 (1) For the purposes of these Regulations—

(a) the “GB Variety List” is the list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001;

(b) a “country granted equivalence” means—

(i) a country that has been granted equivalence under Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries; or

(ii) a country that has been assessed by the Welsh Ministers that the seed from that country is produced under conditions equivalent to the requirements in these Regulations for seed to which these Regulations apply;

(c) “Crown Dependency” means any of the Channel Islands or the Isle of Man;

(d) the “NI Variety List” means the list of plant varieties prepared and published by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland in accordance with legislation having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001.]

(2) In these Regulations all references to—

(a) Council Directive 2002/54/EC on the marketing of beet seed M3 ,

(b) Council Directive 66/402/EEC on the marketing of cereal seed M4 ,

(c) Council Directive 66/401/EEC on the marketing of fodder plant seed M5 ,

(d) Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants M6 ,

(e) Council Directive 2002/55/EC on the marketing of vegetable seed,

(f) Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties M7 ,

(g) Commission Directive 2009/145/EC providing 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 M8 , F2 ...

(h) Commission Directive 2010/60/EU providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment M9 , [F3 and

(i) Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries,]

are references to [F4 those instruments] as amended from time to time.

Textual Amendments

F1 Reg. 3(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(2) (as substituted by S.I. 2020/1573, regs. 1(2)(b), 4(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in reg. 3(2)(g) omitted (10.5.2013) by virtue of The Seed Marketing (Wales) (Amendment) Regulations 2013 (S.I. 2013/889), regs. 1, 3(a)

F3 Reg. 3(2)(i) and word inserted (10.5.2013) by The Seed Marketing (Wales) (Amendment) Regulations 2013 (S.I. 2013/889), regs. 1, 3(b)

F4 Words in reg. 3(2) substituted (10.5.2013) by The Seed Marketing (Wales) (Amendment) Regulations 2013 (S.I. 2013/889), regs. 1, 3(c)

Marginal Citations

M3 OJ No L 193, 20.7.2002, p. 12, as last amended by Council Directive 2004/117/EC (OJ No L 14, 18.1.2005, p. 18).

M4 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).

M5 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).

M6 OJ No L 193, 20.7.2002, p. 74, as last amended by Commission Directive 2009/74/EC (OJ No L 166, 27.6.2009, p. 40).

M7 OJ No L 162, 21.6.2008, p. 13.

M8 OJ No L 312, 27.11.2009, p. 44.

M9 OJ No L 228, 31.8.2010, p. 10.

PART 2 E+W Categories of seed

Seed to which these Regulations apply E+W

4.—(1) These Regulations apply in relation to seed of the plants in the first column of the table in Schedule 1 intended to be used for agricultural or horticultural production, but do not apply in relation to seed intended to be used for ornamental plants.

(2) These Regulations do not apply in relation to seed intended for export outside [F5 Great Britain] (other than regulation 26 which relates to certification for export).

Textual Amendments

F5 Words in reg. 4(2) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(3) (as amended by S.I. 2020/1573, regs. 1(2)(b), 4(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Categories of seed E+W

5.  Seed is divided into the following categories, commonly known by the abbreviations given—

(a) breeder's seed (“BR”);

(b) pre-basic seed (“PB”);

(c) basic seed (“BS”);

(d) certified seed (“CS”);

(e) certified seed, first generation (“C1”);

(f) certified seed, second generation (“C2”);

(g) certified seed, third generation (“C3”);

(h) commercial seed (“CM”);

(i) standard seed (vegetables only) (“ST”);

(j) seed of a higher voluntary standard (“HVS”).

Breeder's seed E+W

6.  Breeder's seed is seed produced by or under the responsibility of the breeder and intended for the production of pre-basic seed or basic seed.

Maintainers for pre-basic and basic seed E+W

7.  Pre-basic seed and basic seed may only be produced with the written authorisation of the person listed as the maintainer of that seed in the [F6 GB Variety List, NI Variety List or an equivalent list in a country granted equivalence].

Textual Amendments

F6 Words in reg. 7 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(4) (as amended by S.I. 2020/1573, regs. 1(2)(b), 4(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

PART 3 E+W Marketing seed

Marketing seed E+W

8.  Seed to which these Regulations apply may only be marketed as seed if it is—

(a) certified under regulations 10 and 11 as being one of the categories in regulation 5;

(b) packaged and sealed in accordance with regulation 16;

(c) labelled in accordance with regulation 17;

(d) marketed by a person licensed to do so in accordance with regulation 20.

Exceptions E+W

9.—(1) The requirement for certification does not apply in relation to breeder's seed.

(2) Schedule 4 makes provision for the marketing of seed not fully complying with regulation 8.

Overriding requirements for certification E+W

10.  To be certified under these Regulations as one of the categories in regulation 5 seed must—

(a) be a variety entered in the [F7 GB Variety List];

(b) be grown from a seed eligible to produce that category in accordance with Schedule 2;

(c) come from a crop inspected under these Regulations and certified as complying with the requirements of Schedule 2;

(d) be tested in accordance with these Regulations.

Textual Amendments

F7 Words in reg. 10 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(6) (as substituted by S.I. 2020/1573, regs. 1(2)(b), 4(3)(e)); 2020 c. 1, Sch. 5 para. 1(1)

Detailed requirements for certification E+W

11.—(1) In order to be certified a sample of the seed from which the crop is going to be produced must be entered with the Welsh Ministers in sufficient time for the Welsh Ministers to grow a control plot.

(2) The Welsh Ministers may accept the entry of a sample of the seed after this time, but in this case the crop grown to produce the seed must be inspected by an official crop inspector in accordance with regulation 12.

(3) The crop used to produce the seed must be inspected by a crop inspector in accordance with the provisions relating to that crop in Schedule 2, and the crop inspector must certify that—

(a) the crop meets the standard for that crop specified in Schedule 2, or

(b) the crop meets a lower standard but still meets one of the standards in Schedule 2,

and lodge a report to that effect with the Welsh Ministers.

(4) The crop inspector may indicate that remedial action or further inspection is necessary before the crop is certified as meeting the required standard.

(5) Once the crop has been harvested and processed, a sample of the seed must be taken by a licensed seed sampler (using current international sampling methods in so far as they exist) in accordance with the provisions relating to that crop in Schedule 2 (for the avoidance of doubt the seed lot sizes and sample weights are specified in each of the Directives in that Schedule dealing with the seed).

(6) The seed must be tested in a seed testing station (either licensed or operated by the Welsh Ministers), which must test the seed (using current international sampling and testing methods in so far as they exist) to ensure that the certification standards in Schedule 2 are complied with and issue a seed test report stating the results and lodge the report with the Welsh Ministers.

Crop inspections E+W

12.  A crop inspection for certification must be carried out by a licensed crop inspector; except for the inspection of—

(a) a crop intended for the production of pre-basic or basic seed, or

(b) a crop producing seed when the entry of the seed under regulation 11 was too late to allow the Welsh Ministers to grow a control plot,

when the inspection must be carried out by an official crop inspector appointed by the Welsh Ministers for the purposes of such inspection.

Standard of seed at the time of marketing E+W

13.  At the time of marketing the seed must as a minimum comply with the standards in Schedule 2 relating to that type of seed.

Re-grading a crop or seed E+W

14.  For the avoidance of doubt, if a crop or seed has been certified as belonging to one category, but complies with the requirements of another category for that seed, it may be re-graded as any category for which it satisfies the requirements.

Control plots and tests E+W

15.—(1) The Welsh Ministers must carry out any necessary tests on the entered seed, and in particular must grow the seed in a control plot.

(2) If the tests or the control plot meets the requirements for varietal identity and varietal purity, no further action is taken.

(3) Otherwise the Welsh Ministers must obtain more information from crops grown from that seed and, if the Welsh Ministers decide that the crop is not satisfactory, notify the applicant that the crop may not be certified, or must be downgraded to a lower category.

Packaging and sealing E+W

16.—(1) All seed, other than loose sales (for which see Part 5 of Schedule 3) must be supplied in a sealed package by a person licensed to do so under regulation 20.

(2) The packaged seed must be in homogeneous lots.

[F8 (3) A package must be sealed by or under the supervision of a licensed seed sampler using an official seal.]

(4) A package must either have a non-re-useable sealing system or be sealed in such a manner that opening the package—

(a) damages the sealing system; or

(b) leaves evidence of tampering on either the label or the package.

(5) If a package is opened other than by the final consumer it must be re-labelled and re-sealed by or under the supervision of a licensed seed sampler, and the fact of resealing, the most recent date of resealing and the authority responsible for it must be stated on the label.

(6) This regulation does not apply in relation to the marketing of small packages of seed as defined in Schedule 3.

Textual Amendments

F8 Reg. 16(3) substituted (11.1.2017) by The Seed Marketing (Wales) (Amendment) Regulations 2016 (S.I. 2016/1242), regs. 1(1), 3

Labelling E+W

17.—(1) All seed must be labelled in accordance with Schedule 3 by a person licensed to do so under regulation 20.

(2) No person may reproduce, remove, alter, deface, conceal or misuse in any way any label produced for the purposes of these Regulations.

Mixtures of seed E+W

18.  A mixture of seed may only be marketed if the mixture is permitted under the following table.

Permitted mixtures E+W

 

1 A mixture of varieties of one species of cereal seed is permitted only if it is effective against the propagation of a harmful organism. All the seed must comply with these Regulations before mixing.
2 A mixture of standard seed of different varieties of the same species must be marketed in a package containing no more than 5kg of seed (for legumes), 500g of seed (for asparagus, beetroot, carrot, chard or spinach beet, gourd, marrow, onion, radish, spinach or turnip) or 100g of seed (for any other species).
Column header	Beet	Cereals	Fodder	Oil and fibre	Vegetable	Seed outside the scope of these Regulations
Beet	No	No	No	No	No	No
Cereals	No	Yes1	Yes	No	No	No
Fodder	No	Yes	Yes	Yes	Yes	Yes
Oil and fibre	No	No	Yes	No	No	No
Vegetable	No	No	Yes	No	Yes2	No

Records E+W

19.—(1) Any person who—

(a) markets seed,

(b) packs, seals, labels, re-packs, re-seals or re-labels seed for marketing,

(c) prepares mixtures of seed for marketing, or

(d) cleans, treats or in any other way processes seed intended for marketing,

must make sufficient records (either written or electronic) to create an audit trail so that the identity and provenance of any seed marketed or otherwise dealt with in the course of the operation can be established.

(2) Records must be kept for at least 3 years and produced on demand to an officer of the Welsh Ministers (in the case of electronic records a printout must be provided).

PART 4 E+W Licensing

Operations requiring a licence from the Welsh Ministers E+W

20.—(1) Any person carrying out any of the following operations must be licensed to do so by the Welsh Ministers—

(a) marketing seed;

(b) packing, sealing or labelling seed;

(c) re-packing, re-sealing or re-labelling seed;

(d) preparing mixtures of seed for marketing;

(e) cleaning, treating or in any other way processing seed intended for marketing.

(2) But the requirement for a licence does not apply in relation to the marketing of—

(a) small packages of seed as defined in Schedule 3;

(b) unpacketed seed; or

(c) seed, as grown, for processing, provided the identity of the seed is ensured under paragraph 2 of Schedule 4.

Licensing crop inspectors, seed samplers and seed testing stations E+W

21.—(1) The Welsh Ministers may license crop inspectors, seed samplers and seed testing stations to act under these Regulations.

(2) Before licensing a crop inspector or seed sampler the Welsh Ministers must be satisfied that the person is competent to act as such, and has passed an examination specified by the Welsh Ministers.

(3) Before licensing a seed testing station the Welsh Ministers must be satisfied that the station has adequate premises, qualified personnel and equipment to test for the purposes of these Regulations.

(4) A licensed crop inspector, seed inspector or seed testing station may charge reasonable fees for carrying out functions under these Regulations but may not derive any private gain in connection with the carrying out of such functions.

Licences for temporary experiments E+W

[F9 21A.— (1) The Welsh Ministers may by licence exempt any person or class of person from compliance with any provision of these Regulations for the purposes of a temporary experiment seeking improved alternatives to provisions of these Regulations and organised in accordance with regulations made under section 16(5) of the Plant Varieties and Seeds Act 1964 .

(2) The duration of an experiment must not exceed 7 years.]

Textual Amendments

F9 Reg. 21A substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(7); 2020 c. 1, Sch. 5 para. 1(1)

General provisions relating to licences E+W

22.—(1) A licence must be in writing, and may be subject to such conditions as the Welsh Ministers consider appropriate.

(2) The Welsh Ministers may vary, suspend or revoke a licence by notice in writing at any time.

PART 5 E+W Administration and revocations

Withdrawing certification E+W

23.—(1) The Welsh Ministers may withdraw certification from any seed if satisfied that—

(a) the seed, or the seed from which the crop producing the seed was grown, was incorrectly sampled;

(b) the crop from which the seed was harvested did not meet the conditions in Schedule 2; or

(c) the seed—

(i) did not meet the conditions in Schedule 2 when it was tested; or

(ii) no longer meets those conditions.

(2) If certification is withdrawn the Welsh Ministers must notify the applicant.

(3) Within 7 days of being notified the applicant must notify any person to whom they have sold or supplied the seed.

Sampling for enforcement purposes E+W

24.—(1) A sample of seed taken for the purposes of enforcing these Regulations must be taken by an authorised officer of the Welsh Ministers, who must divide it into three parts.

(2) One part must be given to the owner of the seed (or a representative of the owner) and the other two parts must be sent to an official testing station, one for testing and the other for retention pending production to a court in accordance with section 26(7) of the Plant Varieties and Seeds Act 1964 M10 .

[F10 (3) The two parts of the sample sent to an official testing station must be retained for at least two years.]

Textual Amendments

F10 Reg. 24(3) inserted (11.1.2017) by The Seed Marketing (Wales) (Amendment) Regulations 2016 (S.I. 2016/1242), regs. 1(1), 4

Marginal Citations

M10 1964 c. 14.

Forms of certificates used for enforcement E+W

25.—(1) For the purposes of section 26(3) of the Plant Varieties and Seeds Act 1964, a certificate of how a sample was taken for the purpose of enforcing these Regulations must—

(a) make reference to these Regulations, and must certify that the sample was taken and treated in accordance with regulation 24;

(b) specify—

(i) the name and address of the person taking the sample;

(ii) the premises at which the sample was taken;

(iii) the type of seed sampled;

(iv) the date the sample was taken;

(v) the reference number of the seed lot;

(vi) the quantity sampled.

(2) For the purposes of section 24(5) of the Plant Varieties and Seeds Act 1964, a certificate of the result of a test at an official seed testing station of a sample taken by an authorised officer for the purposes of that Act must—

(a) make reference to these Regulations;

(b) identify the seed tested;

(c) contain all test results relating to the standard required for that seed.

Certification for export E+W

26.  The Welsh Ministers may certify the quality of any seed intended for export F11 ....

Textual Amendments

F11 Words in reg. 26 omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(8); 2020 c. 1, Sch. 5 para. 1(1)

Importation from [F12 a country granted equivalence] E+W

27.— [F13 (1) Seed imported from a country granted equivalence must—

(a) be a variety listed in the GB Variety List; and

(b) be labelled with—

(i) for standard vegetable seed, a supplier’s label in accordance with paragraph 25(4) or (5) of Schedule 3;

(ii) for all other seed, a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.]

(2) If the seed is to be further multiplied the person intending to multiply it must first submit a sample to the Welsh Ministers for verification.

(3) Any person marketing seed that has been imported [F14 from a country granted equivalence] and exceeds two kilograms must supply the Welsh Ministers, in writing and within one month of the first marketing of the seed, with the following particulars relating to the seed—

(a) the species;

(b) the variety;

(c) the category;

(d) the country of production and the official inspection authority;

(e) the country of despatch;

(f) the importer; and

(g) the quantity of seed.

Textual Amendments

F12 Words in reg. 27 heading substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(9)(a) (as amended by S.I. 2020/1573, regs. 1(2)(b), 4(3)(f)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Reg. 27(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(9)(aa) (as inserted by S.I. 2020/1573, regs. 1(2)(b), 4(3)(f)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in reg. 27(3) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(9)(b) (as amended by S.I. 2020/1573, regs. 1(2)(b), 4(3)(f)(iii)); 2020 c. 1, Sch. 5 para. 1(1); 2020 c. 1, Sch. 5 para. 1(1)

Appeals E+W

28.—(1) Any person who is aggrieved by a decision of the Welsh Ministers to—

(a) vary, suspend, revoke or refuse to grant a licence of a crop inspector, seed sampler, seed testing station, or a person requiring a licence under regulation 20,

(b) refuse to certify seed,

(c) withdraw certification of seed,

may, within 21 days of being notified of the decision, appeal against it to a person appointed for the purpose by the Welsh Ministers.

(2) The appointed person must consider the appeal and any representations made by the Welsh Ministers, and within 21 days report in writing with a recommended course of action to the Welsh Ministers.

(3) The Welsh Ministers must then make a final decision and notify the appellant, together with the reasons.

[F15 Arrangements for official measures E+W

28A.— (1) The Welsh Ministers may make such arrangements with any person (“A”) as the Welsh Ministers consider necessary or desirable for the purpose of enabling A to carry out official measures on the Welsh Ministers’ behalf.

(2) The Welsh Ministers must not make any arrangement under this regulation unless satisfied that the arrangement makes provision for the purpose of preventing any person from—

(a) deriving any private gain from any official measures carried out under the arrangement; and

(b) carrying out any official measures under the arrangement except under official supervision.

(3) The Welsh Ministers may include in any arrangement such conditions as the Welsh Ministers consider necessary or desirable for the purposes referred to in paragraphs (1) and (2), including conditions—

(a) specifying—

(i) the official measures that A must carry out;

(ii) the species and generation of seed in respect of which A may carry out the official measures;

(iii) the methods to be used in connection with the official measures that A carries out;

(iv) the fees that A may charge in relation to the official measures that A carries out;

(v) the records that A must keep in connection with the official measures that A carries out;

(b) prohibiting A from—

(i) charging fees in relation to the official measures that A carries out under the arrangement except to the extent that the fees do not exceed the costs that A incurs in carrying them out;

(ii) carrying out the official measures except under official supervision;

(c) prohibiting A from making any further arrangement with any other person (“B”) for any purpose in connection with the carrying out of the official measures that A has arranged with the Welsh Ministers to carry out, unless—

(i) the Welsh Ministers have approved all the conditions of the further arrangement and A has received the prior written approval of the Welsh Ministers to make the further arrangement;

(ii) the further arrangement includes a condition prohibiting B from making any subsequent arrangements for any purpose connected with the carrying out of the official measures in respect of which the Welsh Ministers made an arrangement with A;

(iii) the further arrangement includes an acknowledgement by A that the Welsh Ministers may vary, revoke or suspend the further arrangement if it appears to the Welsh Ministers that B is not complying, or has failed to comply, with any condition of the further arrangement; and

(iv) the further arrangement includes the conditions specified in sub-paragraphs (a) and (b) of this paragraph and for these purposes references in those sub-paragraphs to A are to be construed as references to B and references to “the arrangement” are to be construed as references to the further arrangement.

(4) The Welsh Ministers must not approve the making of any further arrangement under this regulation unless satisfied that B will not—

(a) derive any private gain from any official measures that B is to be authorised to carry out under the further arrangement;

(b) carry out any official measures under the further arrangement except under official supervision.

(5) The Welsh Ministers may, by written notice to A or B (as the case may be), vary, suspend or revoke an arrangement or further arrangement, or any conditions of an arrangement or further arrangement made under this regulation.

(6) A notice given under paragraph (5) must specify—

(a) in respect of a variation or revocation, the date from which the variation or revocation takes effect;

(b) in respect of a suspension, the period during which the suspension has effect.

(7) When a variation, revocation or suspension has effect, the Welsh Ministers may, for any purposes in relation to these Regulations, continue to have regard to such of the official measures carried out under an arrangement (or further arrangement) which was varied, revoked or suspended as appear to the Welsh Ministers to be official measures carried out in accordance with the provisions of these Regulations.

(8) In this regulation, “official measures” (“mesurau swyddogol”) include official examinations, growing trials, tests and assessments.]

Textual Amendments

F15 Reg. 28A inserted (11.1.2017) by The Seed Marketing (Wales) (Amendment) Regulations 2016 (S.I. 2016/1242), regs. 1(1), 5

Fees E+W

29.  The Welsh Ministers may charge a reasonable fee for anything done under these Regulations.

Marketing seed under a specific derogation E+W

30.  The [F16 Welsh Ministers may temporarily permit the marketing of seed not satisfying the requirements of minimum germination under conditions determined in accordance with] Commission Regulation (EC) No 217/2006 laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination M11 .

Textual Amendments

F16 Words in reg. 30 substituted (31.12.2020) by The Rural Affairs (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/737), regs. 1(3), 4; 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M11 OJ No L 38, 9.2.2006, p. 17.

Confidentiality E+W

31.  If the breeder so requests, the description of genealogical components of seed must not be disclosed by the Welsh Ministers.

Licensing and certifying in another part of the United Kingdom E+W

32.—(1) Any seed certified in another part of the United Kingdom may be marketed in Wales.

(2) A crop inspector, seed sampler or seed testing station licensed to act as such in another part of the United Kingdom may act as such under these Regulations.

[F17 Certification in a Crown Dependency or a country granted equivalence E+W

32A.   Any seed certified and labelled in a Crown Dependency or a country granted equivalence under legislation recognised by the Welsh Ministers to have equivalent effect to these Regulations may be marketed in Wales.]

Textual Amendments

F17 Regs. 32A, 32B inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(10) (as amended by S.I. 2020/1573, regs. 1(2)(b), 4(3)(g)); 2020 c. 1, Sch. 5 para. 1(1)

[F17 Transitional provision for official labels on implementation period completion day E+W

32B.   For the purposes of regulation 17 and paragraphs 7(1)(a) and 8(1)(a) of Schedule 3, an official label pre-printed before implementation period completion day containing the statement “EU Rules and Standards” may be used as an official label before the end of the period of one year beginning with the day after the day on which implementation period completion day falls.]

Textual Amendments

F17 Regs. 32A, 32B inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(10) (as amended by S.I. 2020/1573, regs. 1(2)(b), 4(3)(g)); 2020 c. 1, Sch. 5 para. 1(1)

Transitional provisions E+W

33.—(1) A crop inspector, seed sampler or seed testing station licensed at the time these Regulations come into force under the Seed (Registration, Licensing and Enforcement) (Wales) Regulations 2005 M12 continues to be licensed as such under these Regulations.

(2) A person requiring to be licensed under regulation 20 of these Regulations who was licensed under the Seed (Registration, Licensing and Enforcement) (Wales) Regulations 2005, at the time these Regulations come into force, is now licensed to act as such under these Regulations subject to such conditions as may be notified by the Welsh Ministers and continues to be licensed unless the licence is subsequently suspended or revoked by the Welsh Ministers under these Regulations.

Marginal Citations

M12 S.I. 2005/3038 (W. 226).

Revocation E+W

34.  The following Regulations are revoked—

(a) the Oil and Fibre Plant Seed (Wales) Regulations 2004 M13 ;

(b) the Vegetable Seed (Wales) Regulations 2005 M14 ;

(c) the Cereal Seed (Wales) Regulations 2005 M15 ;

(d) the Beet Seed (Wales) Regulations 2005 M16 ;

(e) the Fodder Plant Seed (Wales) Regulations 2005 M17 ;

(f) the Seed (Registration, Licensing and Enforcement) (Wales) Regulations 2005 M18 ;

(g) the Cereal Seed (Wales) and Fodder Plant Seed (Wales) (Amendment) Regulations 2006 M19 ;

(h) the Seed (Wales) (Amendments for Tests and Trials etc) Regulations 2007 M20 ;

(i) the Seed (Conservation Varieties Amendments) (Wales) Regulations 2009 M21 ;

(j) the Seed (Miscellaneous Amendments) (Wales) Regulations 2010 M22 ;

(k) the Vegetable Seed (Wales) (Amendment) Regulations 2011 M23 .

Marginal Citations

M13 S.I. 2004/2881 (W. 251)

M14 S.I. 2005/3035 (W. 223)

M15 S.I. 2005/3036 (W. 224)

M16 S.I. 2005/3037 (W. 225)

M17 S.I. 2005/1207 (W. 79).

M18 S.I. 2005/3038 (W. 226).

M19 S.I. 2006/3250 (W. 294).

M20 S.I. 2007/119 (W. 9).

M21 S.I. 2009/1356 (W. 131).

M22 S.I. 2010/1808 (W. 176).

M23 S.I. 2011/994 (W. 147).

John Griffiths

Minister for the Environment and Sustainable Development, one of the Welsh Ministers

Regulation 4

SCHEDULE 1 E+W Seed to which these Regulations apply

 

Plants to which the Regulations apply	Common name (for guidance only)
Beet Beta vulgaris L. sugar beet, fodder beet (including mangel)
Cereals Avena nuda L. small naked oat, hulless oat Avena sativa L. (includes A.byzantina K. Koch) oats and red oat Hordeum vulgare L. Barley Secale cereale L. Rye Triticum aestivum L. Wheat Triticum durum Desf. durum wheat Triticum spelta L. spelt wheat x Triticosecale Wittm. ex A. Camus — hybrids resulting from the crossing of a species of the genus Triticum with a species of the genus Secale Triticale Zea mays L. (partim) maize (except popcorn and sweetcorn)
Fodder plants Fine grasses: Agrostis canina L. velvet bent Agrostis capillaris L. brown top Agrostis gigantea Roth red top Agrostis stolonifera L. creeping bent grass Festuca filiformis Pourr. fine leaved sheep's fescue Festuca ovina L. sheep's fescue Festuca rubra L. red fescue, Chewings fescue Festuca trachyphylla (Hack.) Krajina hard fescue Poa annua L. annual meadowgrass Poa nemoralis L. wood meadowgrass Poa pratensis L. smooth-stalked meadowgrass Poa trivialis L. rough-stalked meadowgrass xFestulolium Asch. & Graebn. — Hybrids resulting from the crossing of a species of the genus Festuca with a species of the genus Lolium Festulolium Fodder grasses: Arrhenatherum elatius (L.) P.Beauv.ex J. Presl & C. Presl tall oatgrass Bromus catharticus Vahl. rescue grass Bromus sitchensis Trin. Alaska brome-grass Dactylis glomerata L. Cocksfoot Festuca arundinacea Schreber tall fescue Festuca pratensis Huds. meadow fescue Lolium multiflorum Lam. Italian ryegrass including Westerwold ryegrass Lolium perenne L. perennial ryegrass [F18 Lolium x hybridum Hausskn] hybrid ryegrass Phleum nodosum L. small timothy Phleum pratense L. Timothy Small seeded legumes: Lotus corniculatus L. birdsfoot trefoil Medicago lupulina L. trefoil, black medick Medicago sativa L. Lucerne Medicago x varia T. Martyn sand lucerne Onobrychis viciifolia Scop. sainfoin Trifolium hybridum L. Alsike clover Trifolium pratense L. red clover Trifolium repens L. white clover Large seeded legumes: Lupinus albus L. white lupin Lupinus angustifolius L. narrow leaved lupin (previously known as blue lupin) Lupinus luteus L. yellow lupin Pisum sativum L. (partim) field pea Vicia faba L. (partim) field bean Vicia pannonica Crantz Hungarian vetch Vicia sativa L. common vetch Vicia villosa Roth hairy vetch Crucifers: Brassica napus L. var. napobrassica (L.) Rchb. Swede Brassica oleracea L. convar. acephala (DC.) Alef. var. medullosa Thell. + var. viridis L. fodder kale Raphanus sativus L. var. oleiformis Pers. fodder radish Oil and fibre plants: Brassica juncea (L.) Czern. brown mustard Brassica napus L. (partim) swede rape (including plants commonly known as fodder rape and oilseed rape) Brassica nigra (L.) W.D.J. Koch black mustard Brassica rapa L. var. silvestris (Lam.) Briggs turnip rape Cannabis sativa L. Hemp Glycine max (L.) Merr. soya bean Helianthus annuus L. Sunflower Linum usitatissimum L. flax, linseed Sinapis alba L. white mustard [F19 Vegetables : Allium cepa L. – —Cepa Group Onion, Echalion Allium porrum L. Leek —all varieties Apium graveolens L. – —Celery Group – —Celeriac Group – Asparagus officinalis L. Asparagus —all varieties Beta vulgaris L. – —Garden Beet Group Beetroot including Cheltenham beet —Leaf Beet Group Spinach beet or Chard Brassica oleracea L. – —Kale Group – —Cauliflower Group – —Capitata Group Red cabbage and White cabbage —Brussel Sprouts Group – —Kohlrabi Group – —Savoy Cabbage Group – —Broccoli Group Calabrese type and Sprouting type —Palm Kale Group – —Tronchuda Group Portuguese cabbage Brassica rapa L. – —Chinese Cabbage Group – —Vegetable Turnip Group – Cichorium endivia L. Endive —all varieties Cucumis melo L. Melon —all varieties Cucumis sativus L. —Cucumber Group —Gherkin Group – – – Cucurbita maxima Duchesne Gourd —all varieties Cucurbita pepo L. Marrow, including mature pumpkin and scallop squash, or Courgette, including immature scallop squash —all varieties Daucus carota L. Carrot and Fodder Carrot —all varieties Lactuca sativa L. Lettuce —all varieties Solanum lycopersicum L. Tomato —all varieties Petroselinum crispum (Mill.) Nyman ex A. W. Hill – —Leaf Parsley Group – —Root Parsley Group – Phaseolus coccineus L. Runner bean —all varieties Phaseolus vulgaris L. – —Dwarf French Bean Group – —Climbing French Bean Group – Pisum sativum L. – —Round Pea Group – —Wrinkled Pea Group – —Sugar Pea Group – Raphanus sativus L. – —Radish Group – —Black Radish Group – Spinacia oleracea L. Spinach —all varieties Vicia faba L. Broad bean —all varieties Zea mays L. – —Sweet Corn Group – —Popcorn Group – Any hybrid of the vegetable species or Groups listed above ]

Textual Amendments

F18 Words in Sch. 1 substituted (15.12.2017) by The Seed (Miscellaneous Amendments) (Wales) Regulations 2017 (S.I. 2017/1095), regs. 1(1), 2

F19 Words in Sch. 1 substituted (10.7.2020) by The Vegetable Plant Material and Seed (Miscellaneous Amendments) (Wales) Regulations 2020 (S.I. 2020/601), regs. 1, 3(2)

Regulations 10, 11, 13 and 23

SCHEDULE 2 E+W Certification requirements

[F20 PART A1 E+W Introduction

Textual Amendments

F20 Sch. 2 Pt. A1 inserted (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 4(2)(a)

Interpretation E+W

A1.   In this Schedule—

“EU Plant Health Regulation” (“Rheoliad Iechyd Planhigion yr UE”) means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;

[F21 “PFA quarantine pest” (“pla cwarantin ardal sy’n rhydd rhag plâu”)] means a pest within the meaning given by Article 32(1) of the EU Plant Health Regulation;

“RNQP” (“PRHG”) means a [F22 GB] regulated non-quarantine pest within the meaning given by Article 36 of the EU Plant Health Regulation;

[F23 “GB quarantine pest” (“pla cwarantin Prydain Fawr”)] means a pest within the meaning given by Article 4 of the EU Plant Health Regulation.]

Textual Amendments

F21 Words in Sch. 2 para. A1 substituted (31.12.2022) by The Marketing of Seeds and Plant Propagating Material (Wales) (Amendment) (EU Exit) (No. 2) Regulations 2022 (S.I. 2022/1333), regs. 1, 2(2)(a)(i)

F22 Word in Sch. 2 para. A1 substituted (31.12.2022) by The Marketing of Seeds and Plant Propagating Material (Wales) (Amendment) (EU Exit) (No. 2) Regulations 2022 (S.I. 2022/1333), regs. 1, 2(2)(a)(ii)

F23 Words in Sch. 2 para. A1 substituted (31.12.2022) by The Marketing of Seeds and Plant Propagating Material (Wales) (Amendment) (EU Exit) (No. 2) Regulations 2022 (S.I. 2022/1333), regs. 1, 2(2)(a)(iii)

PART 1 E+W Beet

Scope of Part 1 E+W

1.  This Part regulates the type of beet in Schedule 1.

Interpretation E+W

2.  In these Regulations—

(a) “monogerm seed” (“hadau uneginol”) means seed that is genetically monogerm; and

(b) “precision seed” (“hadau trachywir”) means seed designed for use in precision drills to produce single seedlings.

Permitted types of beet seed E+W

3.  Beet seed must be—

(a) pre-basic seed;

(b) basic seed; or

(c) certified seed.

Meaning of “pre-basic seed” E+W

4.  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.

Meaning of “basic seed” E+W

5.  Basic seed is seed—

(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.

Meaning of “certified seed” E+W

6.  Certified seed is seed that is of direct descent from basic seed and is intended for the production of beet.

Crop and seed requirements E+W

7.—(1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(3)(A) [F24 (a) to (d)] of, and Annex I(A) to, Council Directive 2002/54/EC on the marketing of beet seed M24 , and the crop must satisfy the conditions in that Annex.

(2) The seed produced by the crop must be sampled in accordance with Article 9(2) and Annex II to that Directive, and must satisfy the conditions in Annex I(B) to that Directive.

(3) The seed must be labelled in accordance with [F25 Schedule 3].

(4) The maximum moisture content must not exceed 15% by weight.

(5) Diseases and harmful organisms that reduce the usefulness of the seed must be at the lowest possible level.

[F26 (6) For the purposes of this regulation, Council Directive 2002/54/EC 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 Welsh Ministers ”;

(b) in Annex 1—

(i) in point A—

(aa) in paragraph 3, for “certification authority” there were substituted “ Welsh Ministers ”;

(bb) in the last paragraph, for the words from “common” to “that Directive” there were substituted “GB Variety List”;

(ii) in point B, in paragraph 3(c)—

(aa) the reference to “Member States” were a reference to “The Welsh Ministers”;

(bb) the reference to “Community” were omitted.]

Textual Amendments

F24 Words in Sch. 2 para. 7(1) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(11)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Sch. 2 para. 7(3) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(11)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F26 Sch. 2 para. 7(6) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(11)(a)(iii) (as amended by S.I. 2020/1573, regs. 1(2)(b), 4(3)(h)(i)); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M24 OJ No L 193, 20.7.2002, p.12, as last amended by Council Directive 2004/117/EC (OJ No L 14, 18.1.2005, p.18).

PART 2 E+W Cereals

CHAPTER 1 E+W Types of seed

Scope of Part 2 E+W

8.  This Part regulates the types of cereal in Schedule 1.

Permitted types of cereal seed E+W

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.

Meaning of “pre-basic seed” (including hybrids) E+W

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).

Meaning of “basic seed” E+W

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

Meaning of “certified seed” E+W

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.

Meaning of “certified seed, first generation” E+W

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; and

(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.

Meaning of “certified seed, second generation” E+W

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; and

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

Crop and seed requirements E+W

15.—(1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(3)(A) [F27 (a) to (d)] of, and Annex I to, Council Directive 66/402/EEC on the marketing of cereal seed M25 , 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 [F28 (except paragraphs 1a(f) and 1b of Article 7)] and must satisfy the conditions in Annex II to that Directive.

[F29 (2A) For the purposes of sub-paragraphs (1) and (2), Council Directive 66/402/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 Welsh Ministers ”;

(b) in Article 7—

(i) references to “Member States” were references to “Welsh Ministers”;

(ii) in paragraph 1a(a), for “seed certification authority of the Member State concerned” there were substituted “ Welsh Ministers ”.]

(3) The maximum moisture content must not exceed 17% by weight.

[F30 (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 [F31 GB] quarantine pests, [F32 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

F27 Words in Sch. 2 para. 15(1) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Sch. 2 para. 15(2) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(11)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F29 Sch. 2 para. 15(2A) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(11)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F30 Sch. 2 para. 15(4)(5) substituted for Sch. 2 para. 15(4) (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 4(2)(b)

F31 Word in Sch. 2 para. 15 substituted (31.12.2022) by The Marketing of Seeds and Plant Propagating Material (Wales) (Amendment) (EU Exit) (No. 2) Regulations 2022 (S.I. 2022/1333), regs. 1, 2(2)(b)(ii)

F32 Word in Sch. 2 para. 15 substituted (31.12.2022) by The Marketing of Seeds and Plant Propagating Material (Wales) (Amendment) (EU Exit) (No. 2) Regulations 2022 (S.I. 2022/1333), regs. 1, 2(2)(b)(i)

Marginal Citations

M25 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).

CHAPTER 2 E+W Higher voluntary standards

Higher voluntary standards for cereals E+W

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.

Additional requirements for barley, wheat, durum wheat and spelt wheat E+W

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.

Seed from other plants E+W

18.  The number of seeds from other plant species in a sample of 1000g must not exceed the following.

Seed of other species E+W

 

1 Only in respect of wild radish and corn cockle.
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
Basic seed	1	0	1	0	01
C1	2	1	1	0	1
C2	4	3	2	0	1

Ergot and sclerotia E+W

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.

PART 3 E+W Fodder plants

CHAPTER 1 E+W Basic standards

Scope of Part 3 E+W

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

Permitted types of fodder seed E+W

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” E+W

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” E+W

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” E+W

24.  Certified seed is seed (other than of field beans, field peas, 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.

Meaning of “certified seed, first generation” E+W

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” E+W

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” E+W

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

Crop and seed requirements E+W

28.—(1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(3)(A) [F33 (a) to (d)] of, and Annex I to, Council Directive 66/401/EEC on the marketing of fodder plant seed M26 , and the crop must satisfy the conditions in that Annex.

[F34 (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 Welsh Ministers ”;

(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.

[F35 (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 [F36 GB] quarantine pests, [F37 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

F33 Words in Sch. 2 para. 28(1) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(11)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F34 Sch. 2 para. 28(1A) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(11)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F35 Sch. 2 para. 28(3)(4) substituted for Sch. 2 para. 28(3) (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 4(2)(c)

F36 Word in Sch. 2 para. 28 substituted (31.12.2022) by The Marketing of Seeds and Plant Propagating Material (Wales) (Amendment) (EU Exit) (No. 2) Regulations 2022 (S.I. 2022/1333), regs. 1, 2(2)(b)(ii)

F37 Word in Sch. 2 para. 28 substituted (31.12.2022) by The Marketing of Seeds and Plant Propagating Material (Wales) (Amendment) (EU Exit) (No. 2) Regulations 2022 (S.I. 2022/1333), regs. 1, 2(2)(b)(i)

Marginal Citations

M26 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).

CHAPTER 2 E+W Higher voluntary standards

Higher voluntary standards for fodder seed E+W

[F38 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 (CI) or certified seed of the second generation (C2).]

Textual Amendments

F38 Sch. 2 para. 29 substituted (11.1.2017) by The Seed Marketing (Wales) (Amendment) Regulations 2016 (S.I. 2016/1242), regs. 1(1), 6

Minimum standards for purity and other species of seed in the sample E+W

30.  The sample taken under paragraph 28(2) for the purpose 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

PART 4 E+W Oil and fibre

Scope of Part 4 E+W

31.  This Part regulates the types of oil and fibre plants in Schedule 1.

Permitted types of oil and fibre seed E+W

32.  Oil and fibre seed must be—

(a) pre-basic seed;

(b) basic seed;

(c) certified seed;

(d) certified seed, first generation;

(e) certified seed, second generation;

(f) certified seed, third generation; or

(g) commercial seed.

Meaning of “pre-basic seed” E+W

33.—(1) “Pre-basic seed” is seed of a generation prior to basic seed—

(a) that has been produced by or under the responsibility of the breeder according to well-defined practices for the maintenance of the variety, and

(b) intended to be used for the production of more pre-basic seed, basic seed, or with the breeder's written authority—

(i) in the case of black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape or white mustard, CS seed;

(ii) in the case of monoecious hemp or soya bean, C1 or C2 seed;

(iii) in the case of flax or linseed, C1, C2 or C3 seed.

(2) But in relation to a component of a hybrid variety, “pre-basic seed” means seed of a generation prior to basic seed that is intended to be used for the production of—

(a) more pre-basic seed;

(b) basic seed; or

(c) with the breeder's written authority, CS seed.

Meaning of “basic seed” for non-hybrid varieties E+W

34.  In the case of a non-hybrid variety, 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—

(i) certified seed,

(ii) certified seed, first generation,

(iii) certified seed, second generation; or

(iv) certified seed, third generation.

Meaning of “basic seed” for inbred lines E+W

35.  In the case of an inbred line, basic seed is seed of an inbred line of a hybrid that satisfies the conditions for basic seed.

Meaning of “basic seed” for simple hybrids E+W

36.  In the case of a simple hybrid, basic seed is seed intended for the production of hybrids.

Meaning of “certified seed” E+W

37.  Certified seed is seed of black, brown and white mustard, dioecious hemp, sunflower, swede rape or turnip rape—

(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 for purposes other than the production of seed of oil or fibre plants.

Meaning of “certified seed, first generation” E+W

38.  Certified seed, first generation is seed of monoecious hemp, flax, linseed or soya—

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

(b) intended either for the production of—

(i) certified seed, second generation;

(ii) where appropriate, certified seed, third generation; or

(iii) for purposes other than the production of seed of oil or fibre plants.

Meaning of “certified seed, second generation” E+W

39.—(1) Certified seed, second generation is seed of flax, linseed, soya or monoecious hemp.

(2) In the case of flax, linseed, soya, it is seed—

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

(b) intended for—

(i) purposes other than the production of seed or,

(ii) where appropriate, the production of certified seed, third generation seed.

(3) In the case of monoecious hemp it is seed—

(a) produced directly from certified seed of the first generation established and officially controlled with a view to the production of certified seed of the second generation; and

(b) intended for the production of hemp to be harvested in flower.

Meaning of “certified seed, third generation” E+W

40.  Certified seed, third generation is seed from flax or linseed—

(a) of direct descent from basic seed, from certified seed of the first or second generation or, if the breeder so requests, from seed of a generation prior to basic seed; and

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

Meaning of “commercial seed” E+W

41.  Commercial seed (black mustard seed only) is seed that is identifiable as belonging to a species.

Crop and seed requirements E+W

42.—(1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(5)(A) [F39 (a) to (d)] of, and Annex I to, Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants M27 , and the crop must satisfy the conditions in that Annex.

[F40 (1A) For the purposes of sub-paragraph (1), Council Directive 2002/57/EC is to be read as if—

(a) in Article 2(5)(A)(a)(iii), for “officially licensed by the seed certification authority of the Member State concerned” there were substituted “ licensed by the Welsh Ministers ”;

(b) in Annex 2, in Part 1, in paragraph 5C, the last sub-paragraph 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.

[F41 (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 [F42 GB] quarantine pests, [F43 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

F39 Words in Sch. 2 para. 42(1) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(11)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F40 Sch. 2 para. 42(1A) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(11)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F41 Sch. 2 para. 42(3)(4) substituted for Sch. 2 para. 42(3) (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 4(2)(c)

F42 Word in Sch. 2 para. 42 substituted (31.12.2022) by The Marketing of Seeds and Plant Propagating Material (Wales) (Amendment) (EU Exit) (No. 2) Regulations 2022 (S.I. 2022/1333), regs. 1, 2(2)(b)(ii)

F43 Word in Sch. 2 para. 42 substituted (31.12.2022) by The Marketing of Seeds and Plant Propagating Material (Wales) (Amendment) (EU Exit) (No. 2) Regulations 2022 (S.I. 2022/1333), regs. 1, 2(2)(b)(i)

Marginal Citations

M27 OJ No L 193, 20.7.2002, p.74, as last amended by Commission Directive 2009/74/EC (OJ No L 166, 27.6.2009, p.40).

Requirements for a varietal association E+W

43.—(1) Seed marketed as a varietal association must comply with this paragraph.

(2) The varietal association must be an association of certified CS seed of a specified pollinator-dependant hybrid variety with certified CS seed of one or more specified pollinator varieties both of which have been accepted on to the [F44 GB Variety List].

(3) The seed of the female and male components of a varietal association must have been dressed using seed dressings of different colours.

(4) The seed must be mechanically combined in the proportions jointly determined by the persons responsible for the maintenance of these components.

(5) The proportions must be notified to the Welsh Ministers by the person responsible for the maintenance of the pollinator-dependent hybrid and pollinators within the varietal association.

(6) In this paragraph—

(a) “pollinator-dependent hybrid” (“hybrid peillydd-ddibynnol”) means the male-sterile component within the varietal association (female component);

(b) “pollinator” (“peillydd”) means a component shedding pollen within a varietal association.

Textual Amendments

F44 Word in Sch. 2 para. 43(2) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(11)(e) (as substituted by S.I. 2020/1573, regs. 1(2)(b), 4(3)(h)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

PART 5 E+W Vegetables

Scope of Part 5 E+W

44.  This Part regulates the types of vegetables in Schedule 1.

Permitted types of vegetable seed E+W

45.—(1) Vegetable seed must be—

(a) pre-basic seed;

(b) basic seed;

(c) certified seed; or

(d) standard seed.

(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.

Meaning of “pre-basic seed” E+W

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.

Meaning of “basic seed” E+W

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.

Meaning of “certified seed” E+W

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.

Meaning of “standard seed” E+W

49.  Standard seed is seed that is intended mainly for the production of vegetables and has been approved by the Welsh Ministers as having sufficient varietal purity and varietal identity.

Crop and seed requirements E+W

50.—(1) Crop inspections by official or licensed crop inspectors must be carried out in accordance with Article 2(4)(A) [F45 (a) to (d)] of, and Annex I to, Council Directive 2002/55/EC on the marketing of vegetable seed M28 , 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 [F46 (except paragraphs 1a(f) and 1b)] of, and Annex III to, that Directive and must satisfy the conditions in Annex II to that Directive.

[F47 (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 Welsh Ministers ”;

(b) in Article 25—

(i) references to “Member States” were references to “Welsh Ministers”;

(ii) in paragraph 1a(a), for “seed certification authority of the Member State concerned” there were substituted “ Welsh Ministers ”.]

(3) Sub-paragraph (1) does not apply in the case of standard seed.

[F48 (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 [F49 GB] quarantine pests, [F50 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.]

(5) After marketing, vegetable seed is subject to control by the Welsh Ministers for varietal identity and varietal purity.

Textual Amendments

F45 Words in Sch. 2 para. 50(1) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(11)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)

F46 Words in Sch. 2 para. 50(2) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(11)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F47 Sch. 2 para. 50(2A) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(11)(f)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F48 Sch. 2 para. 50(4)(4A) substituted for Sch. 2 para. 50(4) (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 4(2)(d)

F49 Word in Sch. 2 para. 50 substituted (31.12.2022) by The Marketing of Seeds and Plant Propagating Material (Wales) (Amendment) (EU Exit) (No. 2) Regulations 2022 (S.I. 2022/1333), regs. 1, 2(2)(b)(ii)

F50 Word in Sch. 2 para. 50 substituted (31.12.2022) by The Marketing of Seeds and Plant Propagating Material (Wales) (Amendment) (EU Exit) (No. 2) Regulations 2022 (S.I. 2022/1333), regs. 1, 2(2)(b)(i)

Marginal Citations

M28 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).

Regulations 16 and 17

SCHEDULE 3 E+W Labelling and loose sales

PART 1 E+W Introduction

Types of label E+W

1.—(1) There are two types of label for seed, official labels and supplier's labels.

(2) A supplier's label must be used on a package of breeder's seed, and may be used on a small package of seed specified in Part 4 of this Schedule and on a package of standard vegetable seed of any size.

(3) An official label must be used on any other package of seed.

Time of labelling E+W

2.  A package must be labelled at the time of sealing.

Genetically modified varieties E+W

3.  If a variety has been genetically modified, this must be stated on the label.

Chemical treatment of seed E+W

4.  If seed has been subjected to any chemical treatment, this fact and the nature of the treatment or the proprietary name of the chemical used must be stated on the label.

PART 2 E+W Official labels

Official labels: general requirements E+W

5.—(1) An official label is a label supplied by the Welsh Ministers.

(2) It must be on the outside of the package.

(3) It must not have been previously used.

(4) It must be adhesive, or secured by a sealing device approved by the Welsh Ministers.

(5) It must be in [F51 English, but may also be in other languages].

(6) It must be at least 110 mm x 67 mm.

(7) It must have a unique number.

(8) It must be fixed to the package by an authorised officer of the Welsh Ministers, a licensed seed sampler or any person being supervised by such a person.

(9) By way of derogation from the above, in the case of cereal seed, fodder seed and oil and fibre seed, classified in each case as CS, C1, C2 or C3, the whole bag may be used as the label, provided that this is done with the approval of the Welsh Ministers and the bag is the same colour as is required for the label.

Textual Amendments

F51 Words in Sch. 3 para. 5(5) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

Official labels for pre-basic seed E+W

6.—(1) The following must appear on an official label on pre-basic seed—

(a) the name [F52 and country or country initials] of the certification authority;

F53 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the reference number of the seed lot;

(d) the country of production;

(e) the month and year of sealing expressed as “sealed ...” (month and year);

(f) the species (this must be the botanical name, which may be given in abridged form and without the authorities' names, except that, in the case of beet or vegetable seed, the common name may be used);

(g) the variety;

(h) the description “pre-basic” or “PB”;

(i) the declared net or gross weight or number of seeds (or, in the case of beet, the declared number of clusters or pure seed);

(j) where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and the approximate ratio between the weight of the seed and the total weight (or, in the case of beet, the ratio between the weight of pure seed and the total weight);

(k) the number of generations preceding the category “certified seed (CS) ” or “certified first generation (C1) seed”.

(2) The label must be white with a diagonal violet stripe.

Textual Amendments

F52 Words in Sch. 3 para. 6(1)(a) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F53 Sch. 3 para. 6(1)(b) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Official labels for basic seed and certified seed E+W

7.—(1) The following must appear on an official label on certified seed—

(a) the words “[F54 GB] Rules and standards”;

(b) the name [F55 and country or country initials] of the certification authority;

F56 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the reference number of the seed lot;

(e) either—

(i) the month and year of sealing expressed as “sealed ...” (month and year); or

(ii) the month and year of the last official sampling for the purposes of certification expressed as “sampled ...” (month and year);

(f) the species (this must be the botanical name, either in full or in abridged form except that, in the case of beet or vegetable seed, the common name may be used);

(g) the variety;

(h) the category;

(i) the country of production;

(j) the declared net or gross weight or number of seeds or in the case of beet the declared number of clusters of pure seed;

(k) where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and the approximate ratio between the weight of the seed and the total weight (or, in the case of beet, the ratio between the weight of pure seed and the total weight);

(l) where the germination has been retested the word “retested” followed by the month and year of re-testing.

(2) The label must be coloured—

(a) white for basic seed;

(b) blue for certified seed and certified seed of the first generation;

(c) red for certified seed of the second and third generation.

Textual Amendments

F54 Word in Sch. 3 para. 7(1)(a) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(c)(i) (as amended by S.I. 2020/1573, regs. 1(2)(b), 4(3)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F55 Words in Sch. 3 para. 7(1)(b) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F56 Sch. 3 para. 7(1)(c) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Official labels for commercial seed not certified as to variety E+W

8.—(1) The following must appear on an official label on commercial seed not certified as to variety—

(a) the words “[F57 GB] Rules and standards”;

(b) the name [F58 and country or country initials] of the certification authority;

F59 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the reference number of the seed lot;

(e) either—

(i) the month and year of sealing expressed as “sealed ...” (month and year); or

(ii) the month and year of the last official sampling for the purposes of certification expressed as “sampled ...” (month and year);

(f) the species (this must be the botanical name, either in full or in abridged form except that, in the case of beet or vegetable seed, the common name may be used);

(g) the words “commercial seed not certified as to variety”;

(h) the country or region of production;

(i) the declared net or gross weight or number of seeds;

(j) where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and the approximate ratio between the weight of the seed and the total weight;

(k) where the germination has been retested the word “retested” followed by the month and year of re-testing.

(2) The label must be coloured brown.

Textual Amendments

F57 Word in Sch. 3 para. 8(1)(a) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(c)(i) (as amended by S.I. 2020/1573, regs. 1(2)(b), 4(3)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F58 Words in Sch. 3 para. 8(1)(b) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F59 Sch. 3 para. 8(1)(c) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Labelling mixtures E+W

9.—(1) The following must appear on an official label on a mixture of seed—

(a) [F60 the name and country or country initials of] the authority responsible for sealing the package;

F61 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the reference number of the seed lot;

(d) the month and year of sealing expressed as “sealed . . . .” (month and year);

(e) the species, category, variety, country of production and proportion by weight of each of the components;

(f) the declared net or gross weight, or declared number of seeds;

(g) where the weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and the approximate ratio between the weight of the pure seed and the total weight;

(h) where the germination of all the components of the mixture has been retested, the word “retested” followed by the month and year of re-testing;

(i) in the case of cereals the words “mixture of” followed by the species and varieties and a qualifying statement that the mixture is effective against the propagation of a harmful organism;

(j) in the case of fodder plants the words “mixture of seeds for” followed by an indication of the intended use.

(2) But for fodder mixtures registered with the Welsh Ministers, provided the label shows the registered name of the mixture, the percentage by weight of each of the components may be omitted provided that—

(a) this information is supplied to the customer on request, and

(b) customers are informed that they can request these details.

(3) The label must be coloured green.

Textual Amendments

F60 Words in Sch. 3 para. 9(1)(a) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F61 Sch. 3 para. 9(1)(b) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

PART 3 E+W Additional requirements for official labels for specific species

Introduction E+W

10.  The following requirements for specific species are in addition to the requirements in Part 2.

Additional requirements for beet seed E+W

11.  An official label for beet seed must specify—

(a) “monogerm” or “precision” as appropriate;

(b) “fodder beet” or “sugar beet” as appropriate.

Additional requirements for cereal seed E+W

12.—(1) An official label for C1 and C2 naked barley must include the words “minimum germination capacity 75%”.

(2) An official label for basic cereal seed of varieties that are hybrids or inbred lines must include—

(a) for basic seed where the hybrid or inbred line to which the seed belongs has been accepted on to the [F62 GB Variety List], the name under which it has been officially accepted, with or without reference to the final variety, and if the seed is intended solely as a component for final varieties the word “component”;

(b) for basic seed in other cases the name of the component to which the basic seed belongs, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female) and accompanied by the word “component”.

(3) An official label for certified cereal seed (CS, C1 or C2) of varieties that are hybrids or inbred lines must include the word “hybrid” after the variety.

(4) Where seed is marketed as being of the higher voluntary standard the label must contain the letters “HVS”.

Textual Amendments

F62 Words in Sch. 3 para. 12(2)(a) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(e) (as amended by S.I. 2020/1573, regs. 1(2)(b), 4(3)(i)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

Additional requirements for fodder seed E+W

13.  An official label for fodder seed must include—

(a) for certified seed, second and subsequent generations, the number of generations after basic seed;

(b) in the case of seed of grass varieties in respect of which no official examination of their value for cultivation and use has been carried out the words “Not intended for fodder production”;

(c) where seed is marketed at the higher voluntary standard the letters “HVS”.

Additional requirements for oil and fibre seed E+W

14.—(1) An official label for basic oil and fibre seed of varieties that are hybrids or inbred lines must include—

(a) for basic seed where the hybrid or inbred line to which the seed belongs has been officially accepted on to the [F63 GB Variety List], the name under which it has been officially accepted, with or without reference to the final variety, and if the seed is intended solely as a component for final varieties the word “component”;

(b) for basic seed in other cases the name of the component to which the basic seed belongs, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female) and accompanied by the word “component”.

(2) An official label for certified oil and fibre seed (CS, C1 or C2) of varieties that are hybrids or inbred lines must include the word “hybrid” after the variety.

(3) An official label for certified seed of a varietal association must be blue with a diagonal green line.

Textual Amendments

F63 Words in Sch. 3 para. 14(1)(a) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(e) (as amended by S.I. 2020/1573, regs. 1(2)(b), 4(3)(i)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

PART 4 E+W Supplier's labels

Meaning of “supplier's label” E+W

15.  A supplier's label is a label that has not been provided by the Welsh Ministers.

Labelling a package E+W

16.  A supplier's label must either be attached to the package in the same way as an official label or printed indelibly on the package.

References to weights in this Part E+W

17.  In this Part references to the weight exclude any granulated pesticides, pelleting substances or other solid additives.

Breeder's seed: supplier's labels E+W

18.—(1) The following must appear on a supplier's label on a package of breeder's seed—

(a) the name, address and registration number of the supplier responsible for attaching the label;

(b) the reference number of the seed lot;

(c) the species;

(d) the variety;

(e) the words “breeder's seed”;

(f) the declared net or gross weight or number of seeds.

(2) The label must be buff-coloured.

Beet seed: supplier's labels E+W

19.—(1) A supplier's label may be used on a small package of beet seed.

(2) A small package of beet seed (known as a “small F64 ... package” (“pecyn F65 ... bach”)) is a package that—

(a) in the case of basic and certified beet seed of precision or monogerm varieties, either weighs not more than 2.5 kg or consists of not more than 100,000 clusters;

(b) for all other beet seed weighs not more than 10kg.

(3) The label must be the same colour as the official label for that category of seed.

(4) The following must appear on the label—

(a) the words “Small F66 ... package”;

(b) the name, address and identification number of the person affixing the label;

(c) the serial number;

(d) the service that assigned the serial number;

(e) the name or initials of the [F67 country of production];

(f) the reference number if the official serial number does not enable the lot to be identified;

(g) the species;

(h) either “sugar beet” or “fodder beet” as appropriate;

(i) the variety;

(j) the category;

(k) the net or gross weight or number of clusters or pure seeds;

(l) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of clusters or pure seeds and the total weight;

(m) either “monogerm” or “precision” as appropriate.

Textual Amendments

F64 Word in Sch. 3 para. 19(2) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)

F65 Word in Sch. 3 para. 19(2) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F66 Word in Sch. 3 para. 19(4)(a) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(f)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F67 Words in Sch. 3 para. 19(4)(e) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(f)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

Cereal seed: supplier's labels E+W

20.—(1) A supplier's label may be used on a small package of cereal seed.

(2) A small package of cereal seed is a package of any certified seed, or any mixture of certified seed, not exceeding 15kg.

(3) The label must be the same colour as the official label for that category of seed.

(4) The following must appear on the label—

(a) the words “ [F68 GB] rules and standards”;

(b) the name, address and registration number of the supplier responsible for affixing the label;

(c) the reference number of the seed lot;

(d) the species;

(e) the variety;

(f) the category;

(g) the declared net weight or declared number of seeds;

(h) for hybrid varieties of maize, the word “hybrid”;

(i) in the case of C1 and C2 seed of naked barley, the words “minimum germination capacity 75%”.

Textual Amendments

F68 Word in Sch. 3 para. 20(4)(a) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(g) (as amended by S.I. 2020/1573, regs. 1(2)(b), 4(3)(i)(iii)); 2020 c. 1, Sch. 5 para. 1(1)

Fodder seed (agricultural or amenity): packages that may be labelled with a supplier's label E+W

21.—(1) A supplier's label may be used on a small package of fodder seed, either agricultural or amenity (including a mixture of fodder seed).

(2) A small package of fodder seed is either a small F69 ... 'A' package or a small F69 ... 'B' package.

(3) A small F69 ... 'A' package is a package containing a mixture of seed not intended for the production of fodder plants, with a net weight not exceeding 2 kg.

(4) A small F69 ... 'B' package is a package containing—

(a) basic seed,

(b) certified seed (CS, C1 or C2),

(c) commercial seed, or

(d) (unless the package is a small F69 ... 'A' package) a mixture of seed,

with a net weight not exceeding 10 kg.

Textual Amendments

F69 Word in Sch. 3 para. 21 omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(h); 2020 c. 1, Sch. 5 para. 1(1)

Fodder seed other than a mixture: labelling requirements E+W

22.—(1) A supplier's label on a small package of fodder seed (other than a preservation mixture, for which see paragraph 23) must be the same colour as the official label for that category of seed.

(2) The following must appear on the label—

(a) the words “small F70 ... 'B' package”;

[F71 (b) the name and the address or identification number of the person affixing the label;]

(c) the serial number;

(d) the reference number if the serial number does not enable the seed lot to be identified;

(e) the species;

(f) the net or gross weight of pure seed or the number of pure seeds;

(g) where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of the seed and the total weight;

(h) in the case of certified seed—

(i) the variety;

(ii) the category;

(iii) for grass seed of a variety for which an examination of its value for cultivation and use is not required the words “not intended for the production of fodder plants”;

(i) in the case of commercial seed the words “commercial seed”.

Textual Amendments

F70 Word in Sch. 3 para. 22 omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(h); 2020 c. 1, Sch. 5 para. 1(1)

F71 Sch. 3 para. 22(2)(b) substituted (11.1.2017) by The Seed Marketing (Wales) (Amendment) Regulations 2016 (S.I. 2016/1242), regs. 1(1), 7(2)

Fodder seed mixture: labelling requirements E+W

23.—(1) A supplier's label on small package of a mixture of fodder seed must be the same colour as the official label for that category of seed.

(2) The following must appear on the label—

(a) words “small F72 ... 'A' package” or “small F72 ... 'B' package” as appropriate;

(b) the name, address and identification number of the person affixing the label;

(c) for a small F72 ... 'A' package—

(i) the reference number enabling the seed lots used in the mixture to be identified;

(ii) the name or initials of the [F73 country of production];

(d) for a small F72 ... 'B' package—

(i) the officially assigned serial number;

(ii) the person that assigned the serial number;

(iii) the name or initials of the [F74 country of production];

(iv) the reference number if the official serial number does not enable the used seed lots to be identified;

(e) the words “Seed-mixture for ... (intended use)”;

(f) the net or gross weight or number of pure seeds;

(g) where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of the seed and the total weight;

(h) the percentage by weight of the various components shown by species and, where appropriate, by variety.

(3) But for mixtures registered with the Welsh Ministers, provided the label shows the registered name of the mixture, the percentage by weight of each of the components may be omitted provided that—

(a) this information is supplied to the customer on request; and

(b) customers are informed that they can request these details.

Textual Amendments

F72 Word in Sch. 3 para. 23 omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(i); 2020 c. 1, Sch. 5 para. 1(1)

F73 Words in Sch. 3 para. 23(2)(c)(ii) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(i)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F74 Words in Sch. 3 para. 23(2)(d)(iii) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(i)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Oil and fibre seed: supplier's labels E+W

24.—(1) A supplier's label may be used on a small package of oil and fibre seed.

(2) A small package of oil and fibre seed is a package of any certified or commercial oil and fibre seed that does not weigh more than 15 kg.

(3) The label must be the same colour as the official label for that category of seed.

(4) The following must appear on the label—

(a) the words “[F75 GB] Rules and standards”;

(b) the name, address and registration number of the supplier responsible for affixing the label;

(c) the reference number of the seed lot;

(d) the species (this must be the botanical name, either in full or in abridged form);

(e) the variety;

(f) for certified seed, the category;

(g) for commercial seed the words “commercial seed (not certified as to variety)”;

(h) the declared net or gross weight of clusters of pure seeds (except for packages not exceeding 500 grams);

(i) where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of the seed and the total weight.

Textual Amendments

F75 Word in Sch. 3 para. 24 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(j) (as amended by S.I. 2020/1573, regs. 1(2)(b), 4(3)(i)(iii)); 2020 c. 1, Sch. 5 para. 1(1)

Vegetable seed: supplier's labels E+W

25.—(1) A supplier's label may be used on—

(a) a package of standard vegetable seed, no matter what the weight;

(b) a small package of certified (CS) vegetable seed; and

(c) a small package of mixtures of standard vegetable seed of different varieties of the same species.

(2) A small package is a package of seed that weighs no more than—

(a) for legumes, 5 kg;

(b) for asparagus, beetroot, carrot, chard or spinach beet, gourd, marrow, onion, radish, spinach or turnip, 500 grams;

(c) for any other vegetable species, 100 grams.

(3) The label must be coloured dark yellow for standard seed or blue for certified seed.

(4) The following must appear on the label on a package of standard seed (other than a mixture of different varieties of standard seed of the same species) and certified seed—

(a) the words “[F76 GB] rules and standards”;

(b) the name, address and identification number of the person affixing the label;

(c) the marketing year of the sealing or of the last examination of germination (the end of the marketing year may be indicated);

(d) the species;

(e) the variety;

(f) the category: in the case of small packages, certified seed may be marked with the letter 'C' or 'Z' and standard seed with the letters 'ST';

(g) in the case of standard seed, the reference number given by the person responsible for affixing the labels;

(h) in the case of certified seed the reference number enabling the certified lot to be identified;

(i) the declared net or gross weight or declared number of seeds, except for small packages of up to 500 grams;

(j) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of clusters or pure seeds and the total weight.

(5) The following must appear on the label on a package of a mixture of different varieties of standard seed of the same species—

(a) the words “[F76 GB] rules and standards”;

[F77 (b) the name and address or identification number of the person affixing the label;]

(c) the year of sealing expressed as “sealed...[year]” or the year of the last sampling for the purposes of the last testing of germination expressed as “sampled...[year]” (the words “use before...[date]” may be added);

(d) the words “mixture of varieties of...[name of the species]”;

(e) the varieties;

(f) the proportion of the varieties, expressed as net weight or as the number of seeds;

(g) the reference number given by the person responsible for affixing the labels;

(h) the net or gross weight or the number of seeds;

(i) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of clusters or pure seeds and the total weight.

Textual Amendments

F76 Word in Sch. 3 para. 25 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(12)(j) (as amended by S.I. 2020/1573, regs. 1(2)(b), 4(3)(i)(iii)); 2020 c. 1, Sch. 5 para. 1(1)

F77 Sch. 3 para. 25(5)(b) substituted (11.1.2017) by The Seed Marketing (Wales) (Amendment) Regulations 2016 (S.I. 2016/1242), regs. 1(1), 7(3)

PART 5 E+W Sales of loose seed

Sales of loose seed E+W

26.—(1) Loose (unpackaged) seed may be sold in accordance with this paragraph.

(2) The maximum quantity that may be sold is—

(a) for fodder seed—

(i) 3 kg in the case of field beans and field peas;

(ii) 2 kg in the case of all other fodder seed;

(iii) 7 kg in the case of a mixture of seed;

(b) for cereal seed, 5 kg;

(c) for beet seed, 2.5 kg;

(d) for oil and fibre seed, 5 kg;

(e) for vegetable seed—

(i) 3 kg in the case of legumes;

(ii) 1 kg in the case of all other vegetable seed.

(3) The sale must be to the final consumer, and the information that would have been required on a package of that seed must be displayed near the point of sale.

Regulation 9(2)

SCHEDULE 4 E+W Exceptions

PART 1 E+W Supply of seed other than by way of marketing

Early multiplication of seed E+W

1.—(1) Seed of an unlisted variety may be supplied by a person licensed to market seed for multiplication for progression through the different generation categories of seed.

(2) Each generation of seed supplied must have reached the standard required for certification.

(3) The seed produced must remain the property of the licensed person, and may not be marketed.

Seed as grown E+W

2.  Seed as grown may be sent by the grower for cleaning prior to certification, and to a testing or inspection body for the purposes of certification.

Farm saved seed E+W

3.  Farm-saved seed may only be used by the person who grew it, and may not be marketed or supplied to any other person, but it may be sent for cleaning provided that the person who cleans it returns all the seed to the holding where it was grown.

PART 2 E+W Marketing seed that does not comply with Schedule 2

Seed with a declared lower germination E+W

4.—(1) Pre-basic and basic seed with a minimum percentage germination standard lower than required in [F78 these Regulations] relating to that seed specified in Schedule 2 may be marketed provided that the supplier guarantees a specific minimum percentage germination.

(2) The germination must be stated on the official label together with the supplier's name and address and the reference number of the seed lot.

Textual Amendments

F78 Words in Sch. 4 para. 4(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(a); 2020 c. 1, Sch. 5 para. 1(1)

Early movement of seed E+W

5.—(1) To ensure the early availability of seed, pre-basic, basic and certified seed may be marketed before the official germination result has been received if—

(a) a seed test report has been issued under these Regulations, indicating that the seed has achieved the required minimum analytical purity standard set out in the Directive relating to that seed specified in Schedule 2, and

(b) the supplier guarantees the minimum germination for that seed.

(2) This paragraph does not apply in the case of seed imported [F79 into the United Kingdom].

Textual Amendments

F79 Words in Sch. 4 para. 5(2) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(b); 2020 c. 1, Sch. 5 para. 1(1)

Tetrazolium testing for cereal seed E+W

6.  Cereal seed may be marketed if it has been subjected to a tetrazolium test approved by the Welsh Ministers to establish the viability of the seed instead of the tests specified in [F80 these Regulations] on the marketing of cereal seed.

Textual Amendments

F80 Words in Sch. 4 para. 6 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(c); 2020 c. 1, Sch. 5 para. 1(1)

Marketing seed of conservation varieties E+W

7.—(1) The Welsh Ministers may authorise the marketing of seed of a conservation variety in accordance with this paragraph.

(2) The seed must be of a variety listed as a conservation variety in the [F81 GB Variety] List.

(3) The seed must be produced from a crop grown in the region of origin specified for the variety in the [F81 GB Variety] List or as authorised by the Welsh Ministers.

(4) The seed may only be marketed and used in the stated region of origin.

(5) The total amount of seed marketed in any year must be limited in accordance with Article 14 of Commission Directive 2008/62/EC M29 (which relates to agricultural conservation varieties) and Article 15 of and Annex I to Commission Directive 2009/145/EC M30 (which relates to vegetable conservation varieties).

[F82 (5A) For the purposes of sub-paragraph (5)—

(a) Article 14 of Commission Directive 2008/62/EC is to be read as if—

(i) in the first paragraph—

(aa) the words “Each Member State shall ensure that, ” were omitted;

(bb) for the reference to “that Member State” there were substituted “Great Britain”;

(ii) in the second paragraph—

(aa) the words “in each Member State” were omitted;

(bb) for the references to “the Member State”, in both places where it occurs, there were substituted “Great Britain”;

(b) Article 15 of Commission Directive 2009/145/EC is to be read as if—

(i) the words “Each Member State shall ensure that,” were omitted;

(ii) for “does” there were substituted “ must ”.]

(6) Except in the case of seed of a vegetable conservation variety which is verified as standard seed, the seed must descend from seed produced according to well-defined practices for maintenance of the variety.

(7) In the case of beet seed, cereal seed, fodder plant seed and oil and fibre seed, the seed must comply with the requirements for certification of certified seed set out in [F83 these Regulations], except the requirements in respect of minimal varietal purity and examination.

(8) Vegetable seed must comply with—

(a) the requirements for certification of certified seed set out in [F84 Schedule 2], except the requirements in respect of minimal varietal purity and examination; or

(b) the requirements for marketing of standard seed set out in [F85 these Regulations], except the requirements in respect of minimal varietal purity.

(9) Seed of a conservation variety must have sufficient varietal purity.

(10) The seed must not be sold as loose seed under paragraph 26 of Schedule 3.

(11) The seed must be labelled with a supplier's label or a printed or stamped notice which, in addition to complying with the applicable provisions of the paragraph of Part 4 of Schedule 3 which applies to the type of seed in question (except provisions specifying a colour of label)—

(a) contains—

(i) in the case of an agricultural conservation variety, the words “conservation variety”, or

(ii) in the case of a vegetable conservation variety, the words “certified seed of a conservation variety” or “standard seed of a conservation variety”;

(b) states the region of origin; and

(c) is coloured brown.

(12) In this paragraph “conservation variety” (“amrywogaeth gadwraeth”) has the meaning given by regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001 M31 .

Textual Amendments

F81 Words in Sch. 4 para. 7(2)(3) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(d)(ai) (as inserted by S.I. 2020/1573, regs. 1(2)(b), 4(3)(j)(i)(aa)); 2020 c. 1, Sch. 5 para. 1(1)

F82 Sch. 4 para. 7(5A) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(d)(i) (as amended by S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(i)(bb)); 2020 c. 1, Sch. 5 para. 1(1)

F83 Words in Sch. 4 para. 7(7) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F84 Words in Sch. 4 para. 7(8)(a) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(d)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F85 Words in Sch. 4 para. 7(8)(b) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(d)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M29 OJ No L 162, 21.6.2008, p. 13.

M30 OJ No L 312, 27.11.2009, p. 44.

M31 S.I. 2001/3510; the definition of “conservation variety” was inserted by S.I. 2009/1273 and substituted by S.I. 2011/464.

Marketing preservation mixtures which include uncertified fodder seed E+W

8.—(1) The Welsh Ministers may authorise the marketing of preservation mixtures in accordance with this paragraph.

(2) An application for an authorisation must be made by the producer and must contain—

(a) the information listed in Article 4(2) of Commission Directive 2010/60/EU, as read with Article 4(3) of that Directive, and

(b) such other information as the Welsh Ministers may require to verify compliance with Article 5 of that Directive (in the case of directly harvested preservation mixtures) and Article 6 of that Directive (in the case of crop-grown preservation mixtures).

(3) An authorisation—

(a) may only be granted if the preservation mixture complies with Article 5 of Commission Directive 2010/60/EU (in the case of a directly harvested preservation mixture) or Article 6 of that Directive (in the case of a crop-grown preservation mixture),

(b) may only be granted for the marketing of a preservation mixture in its region of origin as determined by the Welsh Ministers [F86 having taken account of any available information from plant genetic resource organisations],

(c) may only be granted for a preservation mixture that contains a conservation variety if that variety complies with the requirements of paragraph 7, sub-paragraphs (1) to (7), (9) and (10); and

(d) must specify the matters listed in Article 4(2) of Commission Directive 2010/60/EU, as read with Article 4(3) of that Directive.

(4) The seed must be labelled with a pink supplier's label or a printed or stamped notice which, instead of containing the labelling information for mixtures of seed set out in Schedule 3, contains the following information—

(a) the words “[F87 GB] rules and standards”;

(b) the name and address, or the identification mark, of the person affixing the labels;

(c) the harvesting method;

(d) the year of sealing expressed as “sealed...” (year);

(e) the region of origin;

(f) the source area;

(g) the collection site;

(h) the habitat type of the collection site;

(i) the words “preservation seed mixture”;

(j) the reference number of the lot given by the person affixing the labels;

(k) in the case of crop-grown preservation mixtures—

(i) the percentage by weight of the components as species and, where relevant, sub-species;

(ii) the specific germination rate for the fodder seed components of the mixture that do not comply with the germination requirements set out in paragraph 28(2) of Schedule 2 (unless the mixture contains more than five such fodder seed components, in which case the average germination rate for those components may be used);

(l) in the case of directly-harvested preservation mixtures, the percentage by weight of those components as species and, where relevant, sub-species that are typical for the habitat type of the collection site and that are, as components of the mixture, of importance for the preservation of the natural environment in the context of the conservation of genetic resources;

(m) declared net or gross weight; and

(n) where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of the clusters or pure seeds and the total weight.

(5) The total quantity of the seed authorised to be marketed each year must not exceed 5% of the total weight of fodder seed mixtures marketed in the United Kingdom in the same year.

(6) In this paragraph “conservation variety” (“amrywogaeth gadwraeth”) has the meaning given by regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001.

(7) Expressions used both in this paragraph and Commission Directive 2010/60/EU have [F88 subject to sub-paragraph (8)] the same meaning in this paragraph as they have in that Directive.

[F89 (8) For the purposes of this paragraph, Article 1(a) of Commission Directive 2010/60/EU is to be read as if the definition of “source area” contained in that Article defined it to mean an area designated as a special area of conservation or an area contributing to the conservation of plant genetic resources in accordance with retained EU law.]

Textual Amendments

F86 Words in Sch. 4 para. 8(3)(b) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F87 Word in Sch. 4 para. 8(4)(a) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(e)(ii) (as amended by S.I. 2020/1573, regs. 1(2)(b), 4(3)(j)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F88 Words in Sch. 4 para. 8(7) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(e)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F89 Sch. 4 para. 8(8) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(e)(iv); 2020 c. 1, Sch. 5 para. 1(1)

Marketing unlisted varieties (other than vegetable seed) for tests and trials E+W

9.—(1) The Welsh Ministers may authorise the marketing of seed for which an application for entry in the [F90 GB Variety] List has been submitted but not yet granted.

(2) This paragraph does not apply in relation to vegetable seed (for which see the following paragraph).

(3) An applicant must be a producer established in Wales.

(4) An authorisation is valid for one year and is renewable.

(5) An authorisation becomes invalid once the variety is added to the [F91 GB Variety] List or the application to be listed is withdrawn or rejected.

(6) The authorisation may only be requested by the person who has submitted an application for entry of the varieties concerned in the [F91 GB Variety] List.

(7) An authorisation may only be granted for tests or trials carried out at agricultural enterprises to gather information on the cultivation or use of the variety.

(8) The quantities authorised for each variety must not exceed the following percentages of seed of the same species used annually in [F92 Great Britain]—

(a) in the case of durum wheat: 0.05 %,

(b) in the case of field pea, field bean, oats, barley and wheat: 0.3 %,

(c) in all other cases: 0.1 %,

except that, if such quantities are not sufficient to sow 10 hectares, the quantity needed for such an area may be authorised.

(9) Fodder seed must comply with the conditions for—

(a) certified seed (all species other than field peas and field beans); or

(b) certified seed, second generation (field peas and field beans).

(10) Cereal seed must comply with the conditions for—

(a) certified seed (rye, maize and hybrids of oats and red oats, barley, wheat, durum wheat, spelt wheat and triticale other than self-pollinating varieties); or

(b) certified seed, second generation oats and red oats, barley, wheat, durum wheat, spelt wheat and self-pollinating varieties of triticale, other than hybrids in each case.

(11) Beet seed must comply with the conditions for certified seed.

(12) Seed of oil and fibre plants must comply with the conditions for—

(a) certified seed (all species other than flax and linseed);

(b) certified seed, second and third generation (flax and linseed).

(13) The package must be labelled with an orange label which must include the words “variety not yet officially listed; for tests and trials only” and, where applicable “genetically modified variety” in addition to the other labelling requirements in these Regulations.

Textual Amendments

F90 Words in Sch. 4 para. 9(1) substituted (31.12.2020) by S.I. 2019/368, reg. 4(13)(ea)(i) (as inserted by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(iii))

F91 Words in Sch. 4 para. 9(5)(6) substituted (31.12.2020) by S.I. 2019/368, reg. 4(13)(ea)(i) (as inserted by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(iii))

F92 Words in Sch. 4 para. 9(8) substituted (31.12.2020) by S.I. 2019/368, reg. 4(13)(ea)(ii) (as inserted by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(iii))

Marketing unlisted varieties of vegetable seed E+W

10.—(1) For the purpose of gaining knowledge and practical experience of a variety during cultivation, the Welsh Ministers may authorise the marketing of vegetable seed not listed on the [F93 GB Variety List provided an application has been made for entry into the GB Variety List or the NI Variety List].

(2) An authorisation is valid for one year and is renewable twice for a period not exceeding one year at each renewal.

(3) There are no quantitative restrictions on the amount that may be authorised.

(4) The authorisation may only be requested by the person who has submitted an application for entry of the varieties concerned on to the [F94 GB Variety List [F95 or the NI Variety List]].

(5) The package must have an orange label and include the words “Variety not yet officially listed” in addition to the other labelling requirements of these Regulations (except that the name of the certifying authority and the country of origin need not appear).

(6) The person marketing the seed must—

(a) retain a sample of each seed lot marketed and keep it for at least two years;

(b) record for each sale the name and address of the buyer and keep the record for at least three years.

F96 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F93 Words in Sch. 4 para. 10(1) substituted (31.12.2020) by S.I. 2019/368, reg. 4(13)(f)(i) (as substituted by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(iv))

F94 Words in Sch. 4 para. 10(4) substituted (31.12.2020) by S.I. 2019/368, reg. 4(13)(f)(ii) (as substituted by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(iv))

F95 Words in Sch. 4 para. 10(4) substituted (14.4.2021) by The Food, Animal Feed and Seeds (Miscellaneous Amendments and Transitional Provisions) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/371), regs. 1(2), 4(2)

F96 Sch. 4 para. 10(7)(8) omitted (31.12.2020) by virtue of S.I. 2019/368, reg. 4(13)(f)(iii) (as substituted by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(iv))

Marketing for scientific or selection purposes E+W

11.—(1) The Welsh Ministers may authorise a producer to place on the market small quantities of seed (other than vegetable seed) for scientific or selection purposes.

(2) The Welsh Ministers may grant an authorisation whether or not the variety is listed on the [F97 GB Variety List].

(3) An applicant for authorisation must be a producer established in Wales.

(4) The package must have an orange label and include the words “Variety not yet officially listed” (if this is the case) in addition to the other labelling requirements of these Regulations.

(5) The person marketing the seed must—

(a) retain a sample of each seed lot marketed and keep it for at least two years;

(b) record for each sale the name and address of the buyer and keep the record for at least three years.

Textual Amendments

F97 Words in Sch. 4 para. 11(2) substituted (31.12.2020) by S.I. 2019/368, reg. 4(13)(g) (as substituted by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(v))

Restrictions relating to genetically modified seed E+W

12.— [F98 (1)] The Welsh Ministers may only grant an authorisation in respect of seed of a genetically modified variety under paragraphs 8 to 11 if the marketing and release of the genetically modified material by the applicant have F99 ...—

(a) [F100 before the day on which implementation period completion day falls, been authorised under] Directive 2001/18/EC of the European Parliament and of the Council (on the deliberate release into the environment of genetically modified organisms M32 ),F101 ...

(b) [F102 been authorised under] Regulation (EC) No 1829/2003 (on genetically modified food and feed M33 ) [F103 , or]

[F104 (c) been authorised under the GMO Regulations.]

[F105 (2) For the purpose of paragraph (1), “the GMO Regulations” means—

(a) in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;

(b) in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002;

(c) in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002;

(d) in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003.]

Textual Amendments

F98 Sch. 4 para. 12 renumbered as Sch. 4 para. 12(1) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(h)(i); 2020 c. 1, Sch. 5 para. 1(1)

F99 Words in Sch. 4 para. 12(1) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(h)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F100 Words in Sch. 4 para. 12(1)(a) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(h)(ii)(bb) (as amended by S.I. 2020/1573, regs. 1(2)(b), 4(3)(j)(vi)); 2020 c. 1, Sch. 5 para. 1(1)

F101 Word in Sch. 4 para. 12(1)(a) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(h)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F102 Words in Sch. 4 para. 12(1)(b) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(h)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F103 Word in Sch. 4 para. 12(1)(b) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(h)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F104 Sch. 4 para. 12(1)(c) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(h)(ii)(dd); 2020 c. 1, Sch. 5 para. 1(1)

F105 Sch. 4 para. 12(2) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(h)(ii)(dd); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M32 OJ No L 106, 17.4.2001, p. 1, as last amended by Directive 2008/27/EC (OJ No L 81, 20.3.2008, p. 45).

M33 OJ No L 268, 18.10.2003, p. 1, as last amended by Regulation (EC) No 298/2008 (OJ No L 97, 9.4.2008, p. 64).

Marketing imported seed to be labelled as HVS E+W

13.—(1) Seed certified in [F106 a country granted equivalence] may be marketed as meeting a higher voluntary standard in accordance with this paragraph.

(2) A sample must be submitted to the Welsh Ministers for testing, and the Welsh Ministers, if satisfied that the sample meets the higher voluntary standard, must issue a certificate confirming this.

(3) The seed must be re-labelled using—

F107 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an OECD label F108 ...,

and F109 ... the country of production must be stated on the label.

(4) Seed imported pending inclusion in the United Kingdom National List or not finally certified in the country of production may be verified as being of a higher voluntary standard and re-graded after listing or final certification.

Textual Amendments

F106 Words in Sch. 4 para. 13(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(i); 2020 c. 1, Sch. 5 para. 1(1)

F107 Sch. 4 para. 13(3)(a) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(i)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F108 Words in Sch. 4 para. 13(3) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(i)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F109 Words in Sch. 4 para. 13(3)(b) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(i)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F110 ... E+W

F110 14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110 Sch. 4 para. 14 and heading omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(j); 2020 c. 1, Sch. 5 para. 1(1)

Marketing seed of amateur vegetable varieties E+W

15.—(1) The Welsh Ministers may authorise the marketing of seed of an amateur vegetable variety in accordance with this paragraph.

(2) The seed must be of a variety listed as an amateur vegetable variety in the United Kingdom National List.

(3) The seed must comply with the requirements for marketing of standard seed set out in [F111 these Regulations], except the requirements in respect of minimal varietal purity.

(4) The seed must have sufficient varietal purity.

(5) The seed must be marketed in small packages not exceeding the net weight specified in Annex II to Commission Directive 2009/145/EC M34 (which relates to amateur vegetable varieties).

(6) The seed must be labelled with a supplier's label or a printed or stamped notice which, in addition to complying with the applicable provisions of paragraph 25 of Schedule 3, contains the words “amateur variety”.

(7) In this regulation “amateur vegetable variety” (“amrywogaeth llysiau amatur”) has the meaning given by regulation 5A(5) of the Seeds (National Lists of Varieties) Regulations 2001 M35 .

Textual Amendments

F111 Words in Sch. 4 para. 15(3) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(k); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M34 OJ No L 312, 27.11.2009, p. 44.

M35 S.I. 2001/3510; regulation 5A was inserted by S.I. 2011/464.

PART 3 E+W Certifying seed that does not fully comply with these Regulations

Seed not finally certified, harvested in another [F112 European Single Market State] E+W

F113 16.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F112 Words in Sch. 4 substituted (20.3.2019) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(a), 2(3)

F113 Sch. 4 para. 16 omitted (31.12.2020) by virtue of S.I. 2019/368, reg. 4(13)(l) (as substituted by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(vii))

Seed not finally certified, harvested in a [F114 country granted equivalence] E+W

17.—(1) Seed harvested in a [F115 country granted equivalence] may be certified if—

(a) it has been produced directly from—

(i) basic seed or certified seed of the first generation certified either in [F116 the United Kingdom, a Crown Dependency (provided such seed has been produced under legislation recognised by the Welsh Ministers to have equivalent effect to these Regulations) or a country granted equivalence]; or

[F117 (ii) the crossing of basic seed officially certified in the United Kingdom or a Crown Dependency (provided such seed has been produced under legislation recognised by the Welsh Ministers to have equivalent effect to these Regulations) with basic seed certified in a country granted equivalence;]

(b) it has undergone field inspection in accordance with Council Decision 2003/17/EC;

(c) examination has shown that the conditions for seed of that category are satisfied;

(d) it is accompanied by a certificate from the competent authority of the country of origin certifying its status.

(2) The label must be grey.

Textual Amendments

F114 Words in Sch. 4 para. 17 heading substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(m)(i); 2020 c. 1, Sch. 5 para. 1(1)

F115 Words in Sch. 4 para. 17(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(m)(i); 2020 c. 1, Sch. 5 para. 1(1)

F116 Words in Sch. 4 para. 17(1)(a)(i) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(m)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F117 Sch. 4 para. 17(1)(a)(ii) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/368), regs. 1(2)(b), 4(13)(m)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Marketing extensions E+W

18.  The Welsh Ministers may grant a marketing extension allowing an extended period for the certification and marketing of seed of a variety that has been deleted from the [F118 GB Variety List].

Textual Amendments

F118 Words in Sch. 4 para. 18 substituted (31.12.2020) by S.I. 2019/368, reg. 4(13)(n) (as substituted by The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1573), regs. 1(2)(b), 4(3)(j)(viii))

Explanatory Note

(This note is not part of the Regulations)

These Regulations which apply in relation to Wales, implement—

1.  Council Directive 66/401/EEC on the marketing of fodder plant seed; E+W

2.  Council Directive 66/402/EEC on the marketing of cereal seed; E+W

3.  Council Directive 2002/54/EC on the marketing of beet seed; E+W

4.  Council Directive 2002/55/EC on the marketing of vegetable seed; E+W

5.  Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants; E+W

6.  Commission Directive 2009/74/EC amending Council Directives 66/401/EEC, 66/402/EEC, 2002/55/EC and 2002/57/EC as regards the botanical names of plants, the scientific names of other organisms and certain Annexes to Directives 66/401/EEC, 66/402/EEC and 2002/57/EC in the light of developments of scientific and technical knowledge; E+W

7.  Commission Directive 2010/60/EU providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment (OJ No L 228, 31.8.2010, p.10); E+W

8.  Commission Decision 2011/180/EU implementing Council Directive 2002/55/EC as regards conditions under which the placing on the market of small packages of mixtures of standard seed of different vegetable varieties belonging to the same species may be authorised (OJ No L 78, 24.3.2011, p.55). These Regulations implement in part (as necessary)— E+W

9.  Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties; and E+W

10.  Commission Directive 2009/145/EC providing 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. These Regulations revoke existing Regulations (and related amendment Regulations) relating to Cereal Seed, Fodder Plant Seed, Oil and Fibre Plant Seed, Vegetable Seed and the Registration, Licensing and Enforcement of Seed. Parts 1 and 2 of these Regulations are introductory and set out the various categories of seed. The types of seed to which these Regulations apply are set out in Schedule 1. Part 3 contains requirements for marketing seed. In order to be marketed, the seed must comply with the requirements set out for certification, packaging, sealing and labelling (regulation 8). Schedule 2 sets out certification requirements and Schedule 3 sets out labelling requirements and provision for sale of loose seed. Schedule 4 sets out exceptions to the general requirements. Part 3 also imposes record-keeping requirements (regulation 19). Under Part 4, a licence is required to carry out certain operations such as marketing seed (regulation 20). The Welsh Ministers may license crop inspectors, seed samplers and seed testing stations to act under these Regulations (regulation 21). Part 5 sets out administrative provisions (including provision for fees) and transitional provisions. In accordance with section 16(7) of the Plant Varieties and Seeds Act 1964, breach of the Regulations is an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale. A regulatory impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector, in relation to the transposition of Commission Directive 2009/145/EC, is available from the Welsh Government offices in Cathays Park, Cardiff, CF10 3NQ. E+W