SEEDS Title, extent and commencement 1 These Regulations may be cited as the Vegetable Seeds Regulations 1993 shall apply to Great Britain and shall come into operation on 1st September 1993. Revocation 2 The Vegetable Seeds Regulations 1985 , the Vegetable Seeds (Amendment) Regulations 1987 and the Vegetable Seeds (Amendment) Regulations 1989 are hereby revoked. Interpretation 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seeds to which the regulations apply 4 1 Subject to paragraph (2) below , these Regulations apply to vegetable seeds of the kinds set out in Schedule 1 being seeds intended to be used only for the production of agricultural or horticultural crops. 2 These Regulations do not apply to seed intended for export outside Great Britain (other than regulation 6C (certification and labelling for export)). 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marketing of seeds 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conservation Varieties 5A 1 The Ministers shall ascertain, so far as practicable, whether seed of a Conservation Variety has sufficient varietal purity by the use of official post control and the consideration of any other relevant information. 2 Where the results of official post control show that the seed does not have sufficient varietal purity, the Ministers shall notify in writing the person marketing the relevant seed lot of that fact. 3 Where, in the case of Standard Seed of a Conservation Variety, notice is given under paragraph (2), no further marketing of the relevant seed lot shall occur. 4 No person shall market seed of a Conservation Variety other than in its region of origin or an additional region. 5 A person proposing to produce seed of a Conservation Variety must supply the Ministers, in such manner and form as the Ministers shall require, with the following details in writing— a the size (in hectares); and b the location, of the area to be used to produce the seed. 6 For the purposes of Article 15 (quantitative restrictions) of Commission Directive 2009/145, the Ministers may specify the maximum amount of seed of a Conservation Variety which may be marketed in any given growing season and specify different maxima for different persons or classes of person. 6A For the purposes of paragraph (6), Article 15 of Commission Directive 2009/145 is to be read as if— a “Each Member State shall ensure that,” were omitted, b for “does not exceed”, there were substituted “ may not exceed ”. 7 Where a person proposing to produce seed of a Conservation Variety has supplied the Ministers with details under paragraph (5), the Ministers may in writing authorise the person to market seed of a Conservation Variety not exceeding the amount specified in the authorisation and shall give notice of that authorisation to the person. 8 No person shall market more than the maximum amount of seed of a Conservation Variety specified in an authorisation given to that person under paragraph (7). Amateur varieties 5B 1 The Ministers shall ascertain, so far as practicable, whether Standard Seed of an Amateur Variety has sufficient varietal purity by the use of official post control and the consideration of any other relevant information. 2 Where the results of official post control show that the seed does not have sufficient varietal purity, the Ministers shall notify in writing the person marketing the relevant seed lot of that fact. 3 Where, in the case of Standard Seed of an Amateur Variety, notice is given under paragraph (2), no further marketing of the relevant seed lot shall occur. 4 The seed must be in a package not exceeding the maximum net weight specified for each species in Annex II to Commission Directive 2009/145/EC. Official certificates 6 1 An application for the issue of an official certificate in respect of a seed lot of Pre-basic Seed, Basic Seed , Certified Seed or Certified Seed of a Conservation Variety — a shall be made in writing to the Ministers in such form and manner, and shall include such information, records, illustrations, material and seeds, as the Ministers may require; and b shall be made not later than the thirty-first day of December of the year following the year of harvest of the crop from which the seed is obtained or within such other time as the Ministers may allow. 2 Where an application for the issue of an official certificate is made to the Ministers in accordance with paragraph (1) above the Ministers shall deal with the application in accordance with the provisions of Schedule 2. 3 An official certificate which has been issued by the Ministers may be withdrawn by him in respect of either the whole of a seed lot or any part of a seed lot and any seeds from which an official certificate has been so withdrawn shall be deemed not to have been officially certified if— a the results of an official examination of the seeds in respect of which theofficial certificate has been issued are declared null and void in accordance withparagraph (2) of regulation 7, or aa in the case of Certified Seed of a Conservation Variety— i the results of an examination are declared null and void in accordance with regulation 7(3); or ii the results of official post control show that the seed does not have sufficient varietal purity; or b information has been received by him which, if known to him before the official certificate was issued, would have resulted in the application for its issue being refused on the grounds that the seeds did not meet the requirements of seed regulations. 4 Where, in accordance with paragraph (3) above, seeds are deemed not to have been officially certified the seller of the seeds shall, as soon as practicable and in any case not later than 7 days after being informed of it, notify the purchaser, in writing, that the seeds have not been officially certified. 5 A breeder may apply to the Ministers for the issue of an official certificate in place of a breeder’s confirmation once the seed of that variety may be marketed in accordance with regulation 5(1) above . 6 An application under paragraph (5) above— a shall be made in writing to the Ministers in such form and manner, and shall be accompanied by such documents, as the Ministers may require; and b shall be made not later than the thirty-first day of December of the year following the year of harvest of the crop from which the seed lot is obtained or within such other time as the Ministers may allow. 7 The Ministers shall issue an official certificate in the circumstances described in paragraph (5) above provided he is satisfied that— a the seed is the seed in respect of which the breeder’s confirmation was issued; b the breeder’s confirmation has not been withdrawn pursuant to regulation 6A(3); and c there is no reason why the breeder’s confirmation should be withdrawn pursuant to regulation 6A(3). 8 Schedule 2 below shall not apply to an application for an official certificate made under paragraph (5) above. 9 Where an official certificate is issued under paragraph (7) above in respect of any seed, no person shall market the seed unless it has been re-labelled with a label which complies with regulation 9. Breeder’s confirmations 6A 1 An application for the issue of a breeder’s confirmation in respect of a seed lot— a shall be made in writing by the breeder to the Ministers in such form and manner, and shall include such information, records, illustrations, material and seeds, as the Ministers may require; b shall be made not later than the thirty-first day of December of the year following the year of harvest of the crop from which the seed lot is obtained or within such other time as the Ministers may allow; and c shall be made only for seed of a variety when an application has been made to add the variety to a GB Variety List or an NI Variety List . 2 Where an application for the issue of a breeder’s confirmation is made to the Ministers in accordance with paragraph (1) above the Ministers shall deal with the application in accordance with the provisions of Schedule 2A. 3 A breeder’s confirmation which has been issued by the Ministers may be withdrawn by him in respect of either the whole of a seed lot or any part of a seed lot and any seeds from which a breeder’s confirmation has been so withdrawn shall be deemed not to have had a breeder’s confirmation if— a the results of an official examination of the seeds in respect of which the breeder’s confirmation has been issued are declared null and void in accordance with paragraph (2) of regulation 7, or b information has been received by him which, if known to him before the breeder’s confirmation was issued, would have resulted in the application for its issue being refused on the grounds that the seeds did not meet the requirements of the seeds regulations. Importation from a country granted equivalence 6B Seed imported from a country granted equivalence must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade. Certification and labelling for export 6C 1 The Scottish Ministers may certify the quality of any seed intended for export. 2 Following certification in accordance with paragraph (1), any seed exported must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade. Sampling 7 1 A sample of seeds taken for the purposes of an official examination shall be taken, subject to the payment of any fees payable under seeds regulations, by a person authorised by the Ministers in that behalf and in accordance with the requirements contained in Schedule 5. 1A A sample of seed of a Conservation Variety or Standard Seed of an Amateur Variety taken for the purposes of checking compliance with these Regulations shall be taken in accordance with the requirements contained in Schedule 5. 2 If a sample of seeds taken for the purposes of an official examination is found not to have been taken in accordance with the requirements of seeds regulations no, or no further, official examination shall be made of that sample, and any findings or results obtained in the course of any official examination of the sample of seeds already made shall be deemed null and void. 3 If a sample of seed of a Conservation Variety or Standard Seed of an Amateur Variety taken for the purposes of an examination is found not to have been taken in accordance with the requirements of seeds regulations, no examination or no further examination shall be made of that sample and any finding shall be null and void. Sealing of packages 8 1 No person shall market in accordance with regulation 5(1)(a) or (2) a package (other than a package of Uncertified Pre-basic Seed, a package of Standard Seed or a small package of seeds) of Pre-basic Seed, Basic Seed or Certified Seed unless it has been, not later than at the time of sampling, sealed by or under the supervision of a person authorised by the Ministers in that behalf in such a manner that when the package is opened the sealing device will be broken and cannot be re-used. 2 If a package of seeds which has been sealed in accordance with paragraph (1) above or imported in accordance with regulations 5(1)(b)(ii) or (c)(ii) shall have been opened it may only be re-sealed or further re-sealed by or under the supervision of a person authorised by the Ministers in that behalf. 3 No person shall market a package of Uncertified Pre-basic Seed, a package of Standard Seed or a small package of seeds unless it has been sealed with a dealing device in such a manner that when the package is opened the sealing device will be broken and cannot be re-used. 4 No person shall market a package of seed of a Conservation Variety or a package of Standard Seed of an Amateur Variety unless it has been sealed by the supplier using a non-reusable sealing system or some other sealing system— a including the use of a label or the affixing of a seal; and b in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or the package. Sealing of packages—breeder’s confirmation 8A 1 No person shall have in his possession any package of seed in respect of which a breeder’s confirmation for Pre-basic Seed or Basic Seed has been applied for unless it has been sealed in accordance with this regulation by or under the supervision of a person authorised by the Ministers in that behalf in such manner that when the package is opened the sealing device will be broken and cannot be re-used. 2 Sealing under paragraph (1) above shall take place not later than at the time of sampling or, in the case of seed that is wholly or partly re-packaged, the sealing of the original package shall take place no later than that time. 3 No person shall open a package of seed which has been sealed in accordance with paragraph (1) above except— a for the purpose of sowing all the seed; b where— i any action carried out in relation to the package is done immediately after opening; ii some seed remains in the package after that action has been done; and iii the package is re-sealed under paragraph (4) below immediately after the completion of that action; or c for the purpose of re-packaging and re-sealing all of the seed. 4 If a package of seeds which has been sealed in accordance with paragraph (1) above shall (in accordance with paragraph (3) above or otherwise) have been opened neither it nor any other package containing any of those seeds may be sealed, re-sealed or further re-sealed (as the case may be) except by or under the supervision of a person authorised by the Ministers in that behalf. 5 If the details on any label required by regulation 9A cease to be correct as a consequence of any action of the kind described in paragraph (3) above the label shall be replaced, by or under the supervision of a person authorised by the Ministers in that behalf, at the time the package is re-sealed under paragraph (4) above. Labelling of packages 9 1 Subject to paragraph (10) below, no person shall market any seeds in accordance with regulation 5(1)(a) or (2) except in a package which, not later than at time of sealing, is labelled, inscribed or otherwise dealt with in accordance with this regulation. 1A In the case of a package of seeds in respect of which the Ministers has issued an official certificate under regulation 6(7), paragraph (1) above shall apply as if the words “not later than at the time of sealing” were omitted. 1B If a variety has been genetically modified, any label or document, whether official or otherwise, affixed to or accompanying a seed lot or any part of a seed lot in accordance with the provisions of this regulation, shall clearly indicate that the variety has been genetically modified. 2 Subject to the exception in paragraph (3) below, a package of Pre-basic Seed or of Basic Seed or a package, other than a small package, of Certified Seed, shall have affixed on the outside an official label, as appropriate to the seeds, which shall be of at least the minimum size and of the colour specified in Part I of Schedule 6, and shall contain particulars of the matters also specified in the said Part I, such label being either an adhesive label of a label secured to the package by a sealing device approved by the Ministers , the label being affixed (in either case) by or under the supervision of a person authorised by the Ministers in that behalf. 3 The official label referred to in paragraph (2) above shall not be required when all of the particulars to be included therein are included in the official inner label placed in the package in accordance with paragraph (5) of this regulation and the package is sufficiently transparent to enable such particulars to be readily legible through it. 4 If in accordance with regulation 5(6) a person shall market Pre-basic Seed or Basic Seed of a lower percentage of germination than that specified in Schedule 4 the fact shall be stated on the official label and a suppliers label affixed to the outside of the package shall contain a statement of the germination of the seeds together with the name and address of the seller and the reference number of the lot. 5 A package of Pre-basic Seed or of Basic Seed or a package, other than a small package, of Certified Seed shall contain an official inner label which shall be of the same colour as, and in addition to, the official label affixed to the outside of the package in accordance with paragraph (2) above. The official inner label shall contain particulars of the reference number of the lot, and of the kind and the variety of the seeds; except that if such particulars are printed indelibly on the outside of the package or if the official label is an adhesive or a tear-resistant label the official inner label referred to in this paragraph shall not be required. 6 A package of Uncertified Pre-basic Seed or a package, other than a small package, of Standard Seed shall have affixed on the outside a label, as appropriate to the seeds, which shall be of at least the minimum size and of the colour specified in Part II of Schedule 6 and which shall contain particulars of the matters also specified in the said Part II; except that if all such particulars are printed indelibly on the outside of the package the said label shall not be required and if some of such particulars are so printed they may be omitted from the said label. 7 A small package of Certified Seed or a small package of Standard Seed shall have affixed on the outside a label, as appropriate to the seeds, which shall be of the colour specified in Part III of Schedule 6 and which shall contain particulars of the matters also specified in the said Part III; except that if all such particulars are printed indelibly on the outside of the package the said label shall not be required and if some of such particulars are so printed they may be omitted from the said label. 8 If a package of Pre-basic Seed, Basic Seed or Certified Seed shall have been re-sealed in accordance with regulation 8(2) above this fact shall be stated on the official label together with the month and year of re-sealing and the name of the authority responsible for the re-sealing either on the official label referred to in paragraph (2) above or on the official inner label in the circumstances referred to in paragraph (3) above. 9 Subject to the exception in paragraphs (12B) and (12C) in respect of seed of a Conservation Variety and Standard Seed of an Amateur Variety, if any seeds have been subjected to any chemical treatment this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either— a on a separate supplier’s label, or b on the label referred to in paragraph (2), (6) or (7) above or, where such a label is not required, with the particulars otherwise given in accordance with those paragraphs, and also, except where the label referred to in paragraph (2), (6) or (7) above is not required or where the information prescribed by this paragraph is given on an adhesive or tear-resistant label, either on the outside of the package or in a statement enclosed in the package. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Except in relation to seed of a Conservation Variety or Standard Seed of an Amateur Variety, a person may sell any seeds otherwise than in a package which is labelled, inscribed or otherwise dealt with in accordance with this regulation where— a the seeds are sold by way of retail sale in quantity not exceeding the appropriate maximum weight indicated in Schedule 7, and b the seeds are taken, in the presence of the purchaser, from a container on which there is clearly and visibly marked or near which there is clearly and visibly displayed a statement containing particulars of the matters specified in Part V of Schedule 6. 12 The particulars and information given in accordance with this regulation shall be given in English but may also be given in other languages . 12A Where the kind or variety of seed is indicated on a label or marking it must be in Roman characters and the kind of seed may be designated by common name only or by common name and Latin name. 12B A package of seed of a Conservation Variety shall bear a supplier’s label or a printed or stamped notice containing the information specified in Part VI of Schedule 6 (and for the avoidance of doubt neither an official label nor an official inner label is required). 12C A package of Standard Seed of an Amateur Variety shall bear a supplier’s label or a printed or stamped notice containing the information specified in Part VII of Schedule 6 (and for the avoidance of doubt neither an official label nor an official inner label is required). 13 Subject to the provisions of the Act and of these Regulations, no person shall, in the course of the marketing or the preparation for marketing of any seeds by himself or by any other person, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label affixed to, contained in or marked on any package of seeds or to be so affixed, contained or marked. Labelling of packages—breeder’s confirmation 9A 1 No person shall have in his possession any package of seed in respect of which a breeder’s confirmation for Pre-basic Seed or Basic Seed has been applied for unless it has been, not later than the time of sealing under regulation 8A, labelled, inscribed or otherwise dealt with in accordance with paragraphs (2) to (9) of this regulation. 2 Subject to the exception in paragraph (3) below, packages of seeds shall have affixed on the outside an official label containing, as appropriate to the seeds, particulars of the matters specified, and being at least the size and of the colour also specified in Part I of Schedule 6 and over-stamped “not certified”, which shall be either an adhesive label or a label secured to the package by a sealing device approved by the Ministers . 3 The official label referred to in paragraph (2) above shall not be required when all of the particulars to be included therein are included in the official inner label placed in the package in accordance with paragraph (5) below and the package is sufficiently transparent to enable such particulars to be readily legible through it. 4 If in accordance with paragraph 2 of Schedule 2A (applications for breeder’s confirmation) a breeder’s confirmation shall have been issued in respect of seed of a lower percentage of germination than that specified in Schedule 4 the fact shall be stated on the official label and where possession of the package is transferred to another person, the transferor shall affix a label to the outside of the package containing a statement of the germination of the seeds together with his name and address and the reference number of the lot. 5 A package shall contain an official inner label which shall be of the same colour as, and in addition to the official label affixed to the outside of the package in accordance with paragraph (2) above. The official inner label shall contain particulars of the reference number of the lot and of the kind of seed and the variety; except that if such particulars are printed indelibly on the outside of the package or if the official label is an adhesive or tear-resistant label, an official inner label shall not be required. 6 If a package of seeds shall have been re-sealed in accordance with regulation 8A(4) this fact shall be stated on the official label, together with the month and year of re-sealing and the name of the authority responsible for the re-sealing. 7 If any seeds have been subjected to any chemical treatment this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either— a on a separate label, b on the label referred to in paragraph (2) or (4) above, or c where paragraph (3) above applies, on the official inner label referred to in that paragraph, and also, except where the information prescribed by this paragraph is given on an adhesive or tear-resistant label, either on the outside of the package or in a statement enclosed in the package. 8 The particulars and information given in accordance with this regulation shall be given in English but may also be given in other languages . 8A Where the kind or variety of seed is indicated on a label or marking it must be in Roman characters and the kind of seed may be designated by common name only or by common name and Latin name. 9 For the purposes of this regulation, references in Schedule 6 to the “Certifying Authority” shall, in the case of a breeder’s confirmation, be taken to be references to that authority as issuer of the confirmation. 10 Subject to the provisions of these Regulations, no person shall wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label affixed to, contained in or marked on any package of seeds or which is to be so affixed, contained or marked, except as may occur in the course of opening the package for the purpose of sowing or for any other lawful purpose. Record of transactions 10 1 A person who in the course of marketing any Standard Seed affixes or causes to be affixed, in accordance with regulation 9(6), a label on the outside of a package of Standard Seed or prints or stamps or causes to be printed or stamped on the outside of such a package the particulars referred to in the said regulation 9(6) shall maintain and keep available for inspection by an officer of the Ministers a record of the dates on which and of the packages on which such labels were affixed or particulars printed or stamped and shall, if so required by the Ministers , furnish him with a copy of such record. 2 A person referred to in paragraph (1) above shall keep and retain for a period of at least three years a record of the seed lots of Standard Seed marketed by him, and shall take and retain for a period of at least two years a sample of each such seed lot of at least the appropriate minimum weight specified in Part II of Schedule 5 and, if so required by the Ministers , or by an officer of the Ministers , shall produce such record or deliver any such sample to him. Civil liabilities of sellers of seeds 11 1 The particulars given to a purchaser by the seller of seeds to which these Regulations apply, whether given in pursuance of these Regulations expressly or by implication arising from the description under which the seeds are sold, shall constitute a statutory warranty for the purpose of section 17 of the Act in so far as they relate to the category of the seeds, the percentage germination of the seeds, the percentage analytical purity of the seeds, the content of seeds of other plant species and the varietal identity and the varietal purity of the seeds or, in the case of a mixture of seeds permitted by regulation 5(2), of each of its constituents to which these Regulations apply. 2 Section 17(2) of the Act shall apply to any particulars given to a purchaser by the seller of seeds, being particulars given or implied as in paragraph (1) above, in so far as they relate to the percentage germination, the percentage analytical purity, or the content of seeds of other plant species and there are hereby prescribed in respect of such matters the limits of variation set out in Schedule 8. 3 Section 17(3) of the Act shall apply to any particulars given to a purchaser by the seller of seeds, being particulars given or implied as in paragraph (1) above, in so far as they relate to the percentage germination, the percentage analytical purity or the content of seeds of other plant species. 4 A purchaser who intends to obtain a test of seeds for the purpose of section 17(3) of the Act shall, not more than 10 days after delivery to him of the seeds, give to the seller written notice of his intention and thereupon the seller may indicate a day (not being more than 21 days after delivery of the seeds to the purchaser) and a reasonable time on that day at which a sample of the seeds may be taken in the presence of himself or of his representative and the purchaser shall afford to the seller reasonable facilities for that purpose. 5 On the day and at the time appointed by the seller in accordance with paragraph (4) above or, if the seller shall have failed to appoint such a day and time, on a day not more than 28 days after delivery of the seeds to the purchaser, the purchaser or his representative may, and if the seller or his representative is present shall, take a sample of the seeds. Such sample shall be taken and divided by the purchaser or his representative into two parts in accordance with the requirements contained in Part I of Schedule 5, each part being of at least the appropriate minimum weight specified in Part II of Schedule 5, of which one part shall be sent to the Chief Officer of an official seed testing station for the purpose of being tested and the other part delivered or tendered to the seller or his representative or, if he or his representative was not present when the sample was taken, sent to him by post. Certification in a Crown Dependency or a country granted equivalence 11A Any seed certified and labelled in a Crown Dependency or a country granted equivalence under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations may be marketed in Scotland. Transitional provision for official labels and supplier's labels on IP completion day 11B A label pre-printed before IP completion day which at the date on which it was printed was an official label or a supplier's label for the purposes of these Regulations, is to be treated as an official label or, as the case may be, a supplier's label for packages of Basic Seed, Certified Seed, Standard Seed, Seed of a Conservation Variety or Standard Seed of an Amateur Variety or, as the case may be, small packages of Certified Seed or Standard Seed, for the purposes of any use of that label before the end of the period of twelve months beginning with the day after the day on which IP completion day falls. In witness whereof the Official Seal of the Minister of Agriculture, Fishers and Food is hereunto affixed on 30th July 1993. Gillian Shephard Minister of Agriculture, Fisheries and Food Hector Monro Parliamentary Under Secretary of State, Scottish Office 2nd August 1993 John Redwood Secretary of State for Wales 29th July 1993