Seeds, England PART 1 Introduction Title, application and commencement 1 These Regulations may be cited as the Seed Marketing Regulations 2011; they apply in England and come into force on 1st April 2011. Meaning of “marketing” 2 1 In these Regulations “marketing” 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 3 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 Secretary of State 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 , b Council Directive 66/402/ EEC on the marketing of cereal seed , c Council Directive 66/401/EEC on the marketing of fodder plant seed , d Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants , 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 , ... 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 , ... 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, 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 those instruments as amended from time to time. PART 2 Categories of seed Seed to which these Regulations apply 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 They do not apply in relation to seed intended for export outside Great Britain (other than regulation 26 which relates to certification for export). Categories of seed 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 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 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 GB Variety List, NI Variety List or an equivalent list in a country granted equivalence . PART 3 Marketing seed Marketing seed 8 Seed to which these Regulations apply may only be marketed as seed if it is— a certified under regulation 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 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: the building blocks necessary for certification 10 To be certified under these Regulations as one of the categories in regulation 5 seed must— a be a variety entered in the 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. Detailed requirements for certification 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 Secretary of State in sufficient time for the Secretary of State to grow a control plot. 2 The Secretary of State 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 Secretary of State. 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 Secretary of State), 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 Secretary of State. Crop inspections 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 Secretary of State to grow a control plot, when the inspection must be carried out by an official crop inspector appointed by the Secretary of State for the purposes of such inspection. Standard of seed at the time of marketing 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 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 15 1 The Secretary of State 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 Secretary of State must obtain more information from crops grown from that seed and, if the Secretary of State decides 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 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. 3 A package must be sealed by or under the supervision of a licenced seed sampler using an official seal. 4 It 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. Labelling 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 18 A mixture of seed may only be marketed if the mixture is permitted under the following table. Permitted mixtures Column header Beet Cereals Fodder Oil and fibre Vegetable Seed outside the scope of these Regulations (i) 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. (ii) A mixture of different varieties of standard seed of the same species must be marketed in a package containing not more than 5kg of seed (in the case of legumes), 500g of seed (in the case of asparagus, beetroot, carrot, chard or spinach beet, gourd, marrow, onion, radish, spinach or turnip) or 100g of seed (in the case of any other species) Beet No No No No No No Cereals No Yes 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 Yes No Records 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 Secretary of State (in the case of electronic records a printout must be provided). PART 4 Licensing Operations requiring a licence from the Secretary of State 20 1 Any person carrying out any of the following operations must be licensed to do so by the Secretary of State— 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 21 1 The Secretary of State 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 Secretary of State must be satisfied that the person is competent to act as such, and has passed an examination specified by the Secretary of State. 3 Before licensing a seed testing station the Secretary of State 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 21A 1 The Secretary of State 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. General provisions relating to licences 22 1 A licence must be in writing, and may be subject to such conditions as the Secretary of State considers appropriate. 2 The Secretary of State may vary, suspend or revoke a licence by notice in writing at any time. PART 5 Administration and revocations Withdrawing certification 23 1 The Secretary of State 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 Secretary of State must notify the certification 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 24 1 A sample of seed taken for the purposes of enforcing these Regulations must be taken by an authorised officer of the Secretary of State, 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 . 3 That part of the sample sent for testing must be retained for at least two years. Forms of certificates used for enforcement 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 26 The Secretary of State may certify the quality of any seed intended for export .... Importation from a country granted equivalence 27 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 Secretary of State for verification. 3 Any person marketing seed that has been imported from a country granted equivalence and exceeds two kilograms must supply the Secretary of State, 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. Appeals 28 1 Any person who is aggrieved by a decision of the Secretary of State 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 Secretary of State. 2 The appointed person must consider the appeal and any representations made by the Secretary of State, and within 21 days report in writing with a recommended course of action to the Secretary of State. 3 The Secretary of State must then make a final decision and notify the appellant, together with the reasons. Arrangements for official measures 28A 1 The Secretary of State may make such arrangements with any person (“A”) as the Secretary of State considers necessary or desirable for the purpose of enabling A to carry out official measures on the Secretary of State’s behalf. 2 But the Secretary of State 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 Secretary of State may include in any arrangement such conditions as the Secretary of State considers 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 these 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 Secretary of State to carry out, unless— i the Secretary of State has approved all the conditions of the further arrangement and A has received the prior written approval of the Secretary of State 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 Secretary of State made the arrangement with A; iii the further arrangement includes an acknowledgment by A that the Secretary of State may vary, revoke or suspend the further arrangement if it appears to the Secretary of State 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 Secretary of State 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 Secretary of State 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 Secretary of State 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 Secretary of State to be official measures carried out in accordance with the provisions of these Regulations. 8 In this regulation, “official measures” include official examinations, growing trials, tests and assessments Fees 29 The Secretary of State may charge a reasonable fee for anything done under these Regulations. Marketing seed under a specific derogation 30 The Secretary of State 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 . Confidentiality 31 If the breeder so requests, the description of genealogical components of seed must not be disclosed by the Secretary of State. Licensing and certifying in another part of the United Kingdom 32 1 Any seed certified in another part of the United Kingdom may be marketed in England. 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. Certification in a Crown Dependency or a country granted equivalence 32A Any seed certified and labelled in a Crown Dependency or a country granted equivalence under legislation recognised by the Secretary of State to have equivalent effect to these Regulations may be marketed in England. Transitional provision for official labels on IP completion day 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 IP 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 IP completion day falls. Transitional provisions 33 1 A crop inspector, seed sampler or seed testing station licensed at the time these Regulations come into force under the Seed Marketing Regulations 2010 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 at the time these Regulations come into force to act for such activity under the Seed Marketing Regulations 2010 is now licensed to act as such under these Regulations subject to such conditions as may be notified by the Secretary of State, and continues to be licensed unless the licence is subsequently suspended or revoked by the Secretary of State under these Regulations. Review 33A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocation 34 The Seed Marketing Regulations 2010 are revoked. Henley Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs