"the Act" means the Plant Varieties and Seeds Act 1964;

"Annex V(C) document" means an official document of the type specified in the second indented sub-paragraph of Article 36(2) of the Vegetable Seed Directive containing the particulars specified in Part C of Annex V to the Directive;

"another member State" means an EEA State other than the United Kingdom;

"authorised officer" means an officer authorised for the purposes of these Regulations by the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;

"blended seed lot" means a seed lot obtained by blending seed where the seed that goes into the blend is  - 

(a) of the same variety;

(b) has come from different sources; and

(c) either  - 


(i) has been officially certified;

(ii) has not been officially certified but has been harvested from a seed crop for which a field inspection report has been issued showing that the crop met the Directive crop conditions for the relevant category of seed; or

(iii) is made up of seed that has been officially certified and seed that has not but for which a field inspection report of the type specified in sub-paragraph (ii) has been issued;

"breeder" - 

(a) in relation to a variety that has not been entered in a National List or the Common Catalogue, includes any person lawfully multiplying (on his own account) seed bred by another, and

(b) in relation to a variety that has been so entered, means the maintainer of the variety;

"breeder's seed" means seed which has been produced by or under the responsibility of the breeder and which is intended for the production of pre-basic or basic seed;

"Common Catalogue" means the Common Catalogue of varieties of vegetables species published in the Official Journal of the European Communities;

"component" means a component of a hybrid variety;

"control plot" means a plot sown with seed from an official sample of seed from a seed lot (whether the official sample of the seed submitted with a regulation 6 application in accordance with regulation 6(2) or another official sample of the seed);

"Department of Agriculture and Rural Development" means the Department of Agriculture and Rural Development in Northern Ireland;

"Directive crop conditions" means the conditions laid down in Annex I to the Vegetable Seed Directive;

"Directive seed conditions" means the conditions laid down in Annex II to the Vegetable Seed Directive;

"EC minimum percentage of germination" means the appropriate percentage of germination specified in column 2 of the table in paragraph 4 of Schedule 4;

"beetroot" means plants of the species Beta vulgaris L. var conditiva Alef also commonly known as red beet;

"broad bean" means plants of the species Vicia faba L. (partim);

"Brussels sprouts" means plants of the species Brassica oleracea L. convar oleracea var gemmifera DC.;

"carrot" means plants of the species Daucus carota L.;

"cauliflower" means plants of the species Brassica oleracea L. convar botrytis (L.) Alef var botrytis;

"celery" means plants of the species Apium graveolens L. including plants commonly known as celeriac;

"chard and spinach beet" means plants of the species Beta vulgaris L. var vulgaris;

"Chinese cabbage" means plants of the species Brassica pekinensis (Lour) Rupr;

"cucumber and gherkin" means plants of the species Cucumis sativus L.;

"curly kale" means plants of the species Brassica oleracea L. convar. acephala (DC.) Alef var sabellica L.;

"endive" means plants of the species Cichorium endivia L.;

"French bean" means plants of the species Phaseolus vulgaris L.;

"gourd" means plants of the species Cucurbita maxima Duchesne;

"kohlrabi" means plants of the species Brassica oleracea L. convar. acephala (DC.) Alef var gongylodes;

"large-leaved chicory and Witloof chicory" means plants of the species Cichorium intybus L. (partim);

"leek" means plants of the species Allium porrum L.;

"legume" means broad beans, French beans, runner beans and peas;

"lettuce" means plants of the species Lactuca sativa L.;

"marrow" means plants of the species Cucurbita pepo L.;

"melon" means plants of the species Cucumis melo L.;

"onion" means plants of the species Allium cepa L. ;

"parsley" means plants of the species Petroselinum crispum (Miller) Nyman ex A W Hill;

"pea" means plants of the species Pisum sativum L. (partim);

"radish" means plants of the species Raphanus sativus L.;

"red cabbage" means plants of the species Brassica oleracea L. convar capitata L Alef var rubra DC.;

"runner bean" means plants of the species Phaseolus coccineus L.;

"Savoy cabbage" means plants of the species Brassica oleracea L. convar capitata L Alef var sabauda L.;

"spinach" means plants of the species Spinacia oleracea L.;

"sprouting broccoli" means plants of the species Brassica oleracea L. convar botrytis (L.) Alef var cymosa Duch including plants commonly known as calabrese;

"tomato" means plants of the species Lycopersicon lycopersicum (L.) Karsten ex Farw.;

"turnip" means plants of the species Brassica rapa L. var rapa; and

"white cabbage" means plants of the species Brassica oleracea L. convar capitata L. Alef var alba DC.

whether or not for consideration, and "market" and "marketed" shall be construed accordingly.

    (2) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations  - 

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

(b) the supply of seed to a person who provides processing or packaging services but who does not thereby acquire title to the seed supplied,

(a) shall be made in such form and manner as the Secretary of State may require;

(b) shall be made  - 


(i) at such time as the Secretary of State may require, or

(ii) in the case of an application to enter a seed lot made after that time, at such time as the Secretary of State may otherwise allow; and



(c) shall be accompanied  - 



(i) unless otherwise agreed by the Secretary of State, by an official sample of seed from the seed lot that is identified by the reference number of the seed lot from which it was taken, and

(ii) by such information and other documents as the Secretary of State may require, including, if required, a copy of a qualifying seed test report relating to the seed lot.

    (3) At an appropriate time following the receipt of an application made under this regulation, the Secretary of State may sow a control plot with seed taken from an official sample of seed taken from the seed lot (whether the official sample submitted in accordance with paragraph (2)(c)(i) or another official sample of seed taken from the seed lot).

    (4) In this regulation  - 

"appropriate time" means a time during the period when seed of the relevant species is usually sown, and

"qualifying seed test report" means  - 

(a) a seed test report issued in accordance with regulation 11(6), (7), (8) or (9), or

(b) in a case where an official sample taken from the seed lot has been found to meet the conditions for the category of seed for which it was tested under regulation 11(4)(b), a seed test report issued in accordance with regulation 11(10)(b).

    (3) An application made under this regulation shall be made in such form and manner and at such time as the Secretary of State may require and shall be accompanied by such information, material, records, illustrations and other documents as she may require.

    (4) Following the receipt of an application made under this regulation, the Secretary of State shall inspect the crop in accordance with the relevant provisions of paragraph 5 of Schedule 3 to determine whether the crop meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of  - 

(a) the category of seed intended to be harvested, and

(b) unless requested not to do so by the applicant, any other category of seed to which paragraph (8) applies.

    (5) Subject to paragraph (7), where in the case of an application made under this regulation the inspected crop is found to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of  - 

(a) the category of seed intended to be harvested, and

(b) where applicable, any other category of seed to which paragraph (8) applies,

the Secretary of State shall issue a field inspection report (which she shall retain as a lodged report unless instructed not to do so by the applicant) stating (by reference to the relevant category or categories) that the crop has been found to meet those conditions and shall send the report, or (in a case where the original report is to be retained as a lodged report by the Secretary of State) a copy of the report, to the applicant.

    (6) Subject to paragraph (7), where in the case of an application made under this regulation the inspected crop is found not to satisfy the conditions laid down in Schedule 3 or Part I of Schedule 4 for the production of the category of seed intended to be harvested, the Secretary of State shall issue a field inspection report (which she shall retain as a lodged report unless instructed not to do so by the applicant)  - 

(a) stating that the crop has been found not to meet those conditions, and

(b) in a case where the crop has been inspected to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any other category of seed to which paragraph (8) applies, stating the conditions (by reference to the relevant category or categories of seed), if any, met by the crop,

and shall send the report, or (in a case where the original report is to be retained as a lodged report by the Secretary of State) a copy of the report, to the applicant.

    (7) Where  - 

(a) an application made under this regulation has been made in respect of a crop produced from seed which was taken from a seed lot for which a control plot has been sown, and

(b) the results of the examination of the control plot show that the plants produced in the plot do not meet the conditions laid down in Schedule 3 or Part I or III of Schedule 4 for the production of the category of seed intended to be harvested,

the Secretary of State may take account of the results of that examination when carrying out an inspection of the crop to which the application relates and in determining whether she should issue a field inspection report under paragraph (5) or (6).

    (8) This paragraph applies to the following categories of seed  - 

(a) in the case of an application made under this regulation relating to a crop that has been produced from breeder's seed and from which it is intended to harvest pre-basic seed, to the category of basic seed;

(b) in the case of an application made under this regulation relating to a crop that has been produced from officially certified pre-basic seed and from which it is intended to harvest pre-basic seed, to the categories of basic and CS seed;

(c) in the case of an application made under this regulation relating to a crop that has been produced from breeder's seed and from which it is intended to harvest basic seed, to the category of pre-basic seed; and

(d) in the case of an application made under this regulation relating to a crop produced from officially certified pre-basic seed and from which it is intended to harvest basic seed, to the categories of pre-basic and CS seed.

    (3) An application made under this regulation  - 

(a) shall be made in such form and manner as the Secretary of State may require;

(b) shall be made within such time as the Secretary of State may require but,

unless otherwise permitted by the Secretary of State, shall be made not later than the time when any seed test report relating to the seed harvested from the crop is lodged with the Secretary of State under regulation 12;

(c) shall be accompanied  - 


(i) in relation to a crop produced in England, by a copy of the document referred to in paragraph (2)(a);

(ii) in relation to a crop produced in the United Kingdom elsewhere than in England, by a copy of the document referred to in paragraph (2)(b) except that this need not be provided in a case where confirmation that the crop meets the conditions for the production of the appropriate category of seed has already been provided to the Secretary of State by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development (as the case may be);

(iii) in relation to a crop produced in another member State, by a copy of the document referred to in paragraph (2)(c); and

(iv) by such other information and documents as the Secretary of State may require.

    (3) Where an application has been made under this regulation in respect of a crop that has not been harvested the Secretary of State may carry out a field inspection of the crop to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed if the condition and stage of development of the crop permit an adequate examination.

    (4) If the Secretary of State is satisfied  - 

(a) in the case of an application to re-grade a crop as a crop to produce pre-basic or basic seed  - 


(i) that the crop has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety, and

(ii) that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed, or



(b) in the case of an application to re-grade a crop as a crop to produce CS seed, that  - 



(i) the crop has been produced directly from UK, EC or overseas tested officially certified basic seed of a listed variety, or, with the breeder's authority, from UK, EC or overseas tested officially certified pre-basic seed of a listed variety, and

(ii) that the crop meets or (if the crop has already been harvested) would have met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of CS seed,



she shall notify the applicant that the crop has been found to meet or (if the crop has already been harvested) it has been found that it would have met the conditions referred to in sub-paragraph (a)(ii) or (b)(ii), as the case may be, and that his application to re-grade the crop has been successful.

    (5) If the Secretary of State is satisfied that the conditions specified in paragraph (4) have not been met she shall notify the applicant that his application to re-grade the crop has been unsuccessful.

    (6) This paragraph applies to the following categories of seed  - 

(a) pre-basic seed;

(b) basic seed; and

(c) CS seed.

    (2) An application made under this regulation shall not be made in respect of seed of a variety that is not listed, or seed of a component of a hybrid variety that is not listed, unless  - 

(a) an application for listing of the variety or hybrid variety has been made which has not been withdrawn or finally determined; or

(b) a marketing extension is in force in respect of the variety or hybrid variety.

    (3) An application made under this regulation  - 

(a) shall be made in such form and manner and at such time as the Secretary of State may require, and

(b) shall be accompanied by an official sample of the seed to be tested and such other information, material, seeds, records, illustrations and other documents as the Secretary of State may require.

    (4) Following the receipt of an application made under this regulation the Secretary of State shall, subject to paragraph (5), test seed taken from the official sample provided under paragraph (3)(b) to determine whether it meets the conditions laid down in Part II of Schedule 4  - 

(a) for the category of seed for which the application is being made, and

(b) unless requested not to do so by the applicant, for any other category of seed to which paragraph (12) applies.

    (5) Where a seed test report has previously been issued by the Secretary of State in accordance with paragraph (6)(a) in respect of a seed lot, the Secretary of State may decide not to test any further official sample of that seed lot for the purposes of paragraph (4) if the information contained in the previously issued report contains sufficient information to enable her to determine that the official sample would meet the conditions laid down in Part II of Schedule 4  - 

(a) for the appropriate category of seed, and

(b) where applicable, for any other category of seed to which paragraph (12) applies.

    (6) Subject to paragraph (11), where  - 

(a) the official sample is found to satisfy the conditions laid down in Part II of Schedule 4 for  - 


(i) the appropriate category of seed, and

(ii) where applicable, for any category of seed to which paragraph (12) applies, or



(b) the provisions of paragraph (5) apply,

the Secretary of State shall issue a seed test report stating (by reference to the relevant category or categories of seed) that the seed lot has been found to meet those conditions and shall send the report to the applicant.

    (7) Subject to paragraph (11), where it has been determined, by way of a Schedule 4 germination test, that the official sample taken from a regulation 11(1)(a) or (b) seed lot will not meet the applicable germination condition but the sample is found to satisfy the other conditions laid down in Part II of Schedule 4 for the appropriate category of seed, the Secretary of State shall issue a seed test report and shall send the report to the applicant containing a statement to that effect.

    (8) Where (otherwise than in connection with a retest of the seed) the results of a Schedule 4 germination test of an official sample of a seed lot referred to in paragraph (1) are awaited, and, except for the result of that test, the official sample has otherwise been found to meet the other conditions laid down in Part II of Schedule 4  - 

(a) for the appropriate category of seed, and

(b) where applicable, for any other category of seed to which paragraph (12) applies,

the Secretary of State shall, subject to paragraph (11), issue an interim seed test report to the applicant stating that the results of the Schedule 4 germination test for the official sample are awaited but that it has otherwise been found to meet the other conditions laid down in Part II of Schedule 4 for the appropriate category of seed, and, where applicable, for any other category of seed to which paragraph (12) applies, and shall send the report to the applicant.

    (9) Where, following the issue of an interim seed test report under paragraph (8), the tested seed is found to meet the applicable germination condition, the Secretary of State shall, subject to paragraph (11), issue a seed test report to the applicant stating that the official sample has been found to meet the conditions laid down in Part II of Schedule 4 for the appropriate category of seed, and, where applicable, for any other category of seed to which paragraph (12) applies.

    (10) Subject to paragraphs (7) and (8), where an official sample of a seed lot referred to in paragraph (1) is found not to satisfy the conditions laid down in Part II of Schedule 4 for the appropriate category of seed, the Secretary of State shall issue a seed test report  - 

(a) stating that the official sample has been found not to meet those conditions, and

(b) subject to paragraph (11), in a case where the seed has been tested to determine whether it meets the conditions laid down in Part II of Schedule 4 for any other category of seed to which paragraph (12) applies, stating (by reference to the relevant category) whether the seed has been found to meet the conditions for any such category,

and shall send the report to the applicant.

    (11) If it appears to the Secretary of State that an official sample of the seed lot taken for the purpose of a test in order to ascertain whether it met the appropriate conditions laid down in Part II of Schedule 4 was not taken in accordance with the requirements of regulation 22 the Secretary of State may refuse to issue a seed test report in accordance with paragraph (6), (7), (8), (9) or (10)(b), and, in such a case, shall notify the applicant of her decision and the reason for it.

    (12) This paragraph applies to the following categories of seed  - 

(a) in the case of an application made under this regulation relating to a regulation 11(1)(a) seed lot, to the categories of basic and CS seed, and

(b) in the case of an application made under this regulation relating to a regulation 11(1)(b) seed lot, other than a component of a hybrid, to the category of CS seed.

    (13) In this regulation "qualifying seed lot" means a seed lot  - 

(a) containing seed harvested from a crop produced in England for which a field inspection report has been issued in accordance with  - 


(i) regulation 8(5), or

(ii) regulation 8(6) in a case where the crop has been found to meet the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any category of seed referred to in regulation 8(6)(b);



(b) containing seed harvested from a crop produced in the United Kingdom elsewhere than in England



(i) in respect of which the Secretary of State has received confirmation by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development (as the case may be) that the crop meets conditions equivalent to those laid down in Schedule 3 and Part I of Schedule 4, or

(ii) for which a copy of the field inspection report relating to the crop has been lodged with the Secretary of State in accordance with regulation 9; or



(c) imported into the United Kingdom as not finally certified pre-basic, basic or CS seed harvested in another member State and for which the Annex V(C) document relating to the crop from which the seed in the seed lot was harvested has been lodged with the Secretary of State in accordance with regulation 9.

    (2) An application to lodge a final seed test report  - 

(a) shall be made in such form and manner as the Secretary of State may require, and

(b) shall be accompanied by the final seed test report and such other information and documents as the Secretary of State may require.

    (3) The Secretary of State  - 

(a) may test an official sample of a seed lot in respect of which an application has been made under this regulation to re-grade  - 


(i) UK, EC or overseas tested officially certified pre-basic seed of a listed variety as UK officially certified basic seed of a listed variety, or

(ii) UK, EC or overseas tested officially certified basic seed of a listed variety as UK officially certified pre-basic seed of a listed variety, and



(b) subject to paragraph (4), shall test an official sample of the seed lot in the case of any other application made under this regulation,

to determine whether it meets the conditions laid down in Part II of Schedule 4 for the new category of seed.

    (4) Where a seed test report has previously been issued in accordance with regulation 11(6)(a) in respect of a seed lot for which an application has been made under this regulation, the Secretary of State may decide not to test the official sample referred to in paragraph (2) for the purposes of paragraph 3(b) if the information contained in the previously issued report contains sufficient information to enable her to determine that the official sample would meet the conditions laid down in Part II of Schedule 4 for the appropriate category of seed.

    (5) Where  - 

(a) in the case of an application to re-grade seed as pre-basic or basic seed, the Secretary of State is satisfied that the seed has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety;

(b) in the case of an application to re-grade pre-basic seed as CS seed, the Secretary of State is satisfied that the seed has been produced from UK, EC or overseas tested officially certified pre-basic seed of a listed variety;

(c) in the case of an application to re-grade basic seed as CS seed, the Secretary of State is satisfied that the seed has been harvested from a crop produced, with the breeder's written authority, directly from UK, EC or overseas tested officially certified pre-basic seed of a listed variety;

(d) the Secretary of State is satisfied that the seed was harvested from a crop that met the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the new category of seed;

(e) in a case where the official sample referred to in paragraph (2) has been tested, it has been found to satisfy the conditions laid down in Part II of Schedule 4 for the new category of seed; and

(f) in a case where the official sample referred to in paragraph (2) has not been tested, the Secretary of State is satisfied on the basis of the information contained in a seed test report previously issued in respect of the lot  - 


(i) by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development or by a licensed seed testing station, or

(ii) by or on behalf of the competent seed certification authority in another member State,



that the seed in the lot satisfies the conditions laid down in Part II of Schedule 4 for the new category of seed,

the Secretary of State shall notify the applicant that his application to re-grade the seed lot has been successful.

    (2) The Secretary of State may withdraw the official certification in respect of a seed lot, or any part of a seed lot, by giving notice to  - 

(a) the person who made an application under regulation 11 in respect of the seed lot, or

(b) any person marketing, or who has marketed, any of the seed.

    (3) Where the official certification of a seed lot, or part of a seed lot, is withdrawn under this regulation, the Secretary of State may notify  - 

(a) the person who made an application under regulation 11 in respect of the seed lot;

(b) any person marketing, or who has marketed, any of the seed; and

(c) any person who has purchased, or been supplied with, any of the seed,

that the official certification in respect of the lot, or part of the lot (as the case may be) has been withdrawn.

    (4) Where the official certification of a seed lot, or part of a seed lot, is withdrawn under this regulation, the person to whom notice is given under paragraph (2) shall, as soon as practicable, and in any case not later than seven days after receiving the notice, notify any person to whom he has sold or supplied any of the seed of such withdrawal.

    (5) Any person who has purchased seed from a seed lot, or part of a seed lot, for which official certification has been withdrawn under this regulation (not being a person notified under paragraph (2)) shall notify any person to whom he has sold or supplied any of the seed of the withdrawal as soon as practicable after receiving notice of it  - 

(a) pursuant to paragraph (3), by the Secretary of State, or

(b) pursuant to paragraph (4), by the person who sold or supplied the seed to him,

and, in any case, not later than seven days after receiving such notice.

(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.

    (2) No person shall market officially certified early movement CS seed unless  - 

(a) he guarantees a minimum percentage of germination for the seed that is  - 


(i) the same as the EC minimum percentage of germination for the relevant species of seed, and

(ii) the same as, or less than, the percentage of germination for the seed ascertained by the provisional analysis on which the certification of the seed was based, and



(b) he provides the purchaser, upon or before delivery of the seed, with a statement  - 



(i) stating that the seeds are being marketed before the completion of the official germination test;

(ii) specifying the guaranteed minimum percentage of germination; and

(iii) specifying the name and address of the person marketing the seed and the reference number of the seed lot.

    (3) Where any person  - 

(a) markets seed in accordance with paragraph (1) or (2), and

(b) the official germination test shows that the percentage of germination of the seed is less than the minimum percentage of germination guaranteed in accordance with the requirements of paragraph (1)(a) or (2)(a) as the case may be,

    (2) A breeder established in England may apply to the Secretary of State for a regulation 19 authorisation.

    (3) An application made under this regulation shall be made in such form and manner and at such time as the Secretary of State shall require and shall be accompanied by such information as the Secretary of State may require for the purpose of determining whether to grant an authorisation including, if required, data on distinctness, uniformity and stability of the variety of seed concerned.

    (4) The Secretary of State shall not grant a regulation 19 authorisation unless  - 

    (4) A general licence issued under paragraph (2)  - 

(a) shall have effect during the period specified in it unless the Secretary of State revokes it earlier, and

(b) may impose such conditions as the Secretary of State may think necessary or desirable having regard to the marketing permitted by the general licence and the nature of the seed to which it relates, including a condition relating to the keeping of records in respect of the marketing of the seed.

unless it is marketed in a sufficiently homogeneous seed lot or in part of such a seed lot.

    (2) Subject to paragraph (3), no person shall market any  - 

(a) breeder's seed;

(b) officially certified pre-basic, basic or CS seed; or

(c) standard seed,

unless it is in a properly sealed package.

    (3) Paragraph (2) shall not apply in the case of the marketing of  - 

(a) legume seed not exceeding three kilograms in weight, or

(b) seed of a species specified in Schedule 2, other than legume seed, not exceeding one kilogram in weight,

to the final consumer.

    (4) In this regulation, in the case of breeder's seed, "properly sealed package" means a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.

    (5) In this regulation, in the case of a package of seed to which paragraph (6) applies and that has been sealed only once, "properly sealed package" means  - 

(a) in the case of a package of seed sealed in England, a sealed package of seed that has been sealed  - 


(i) no later than at the time of official sampling;

(ii) by a person to whom regulation 24(2) applies;

(iii) using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal; and

(iv) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package, and



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



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

(ii) in another member State,



a sealed package of seed that has been sealed in accordance with the provisions of Article 27(1) of the Vegetable Seed Directive.

    (6) This paragraph applies to a package of officially certified pre-basic, basic or CS seed other than  - 

(a) a small package of pre-basic or basic seed sealed in the United Kingdom, and

(b) a small package of CS seed.

    (7) In this regulation, in the case of a small package of officially certified pre-basic or basic seed that has been sealed in the United Kingdom "properly sealed package" means a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.

    (8) In this regulation, in the case of a small package of officially certified CS seed that has been sealed only once, "properly sealed package" means  - 

(a) in the case of a package of seed sealed in England, a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package, and

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


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

(ii) another member State,



a sealed package of seed that has been sealed in accordance with the relevant provisions of Article 27(3) of the Vegetable Seed Directive.

    (9) In this regulation, in the case of a package of seed to which paragraph (10) applies and that has been sealed more than once, "properly sealed package" means  - 

(a) in the case of a package of seed that has been resealed in England, a sealed package of seed that, on each occasion it has been resealed, has been resealed  - 


(i) by a person to whom regulation 24(5) applies, and

(ii) in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package, and



(b) in the case of a package of seed that has been resealed in  - 



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

(ii) another member State,



a sealed package of seed that, on each occasion it has been resealed, has been resealed in accordance with the provisions of Article 27(2) of the Vegetable Seed Directive.

except in a package that is labelled in accordance with the following paragraphs of this regulation.

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

    (3) A person may market any seeds otherwise than in a package that complies with the other provisions of this regulation where  - 

(a) the seeds are sold in a quantity  - 


(i) not exceeding three kilograms in the case of legume seed, and

(ii) not exceeding one kilogram in the case of seed of a species specified in Schedule 2 other than legume seed, and



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

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

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

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

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


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

(ii) in another member State,



in accordance with the provisions of Article 35(c) of the Vegetable Seed Directive.

    (6) A package of officially certified basic or CS seed, other than a small package of CS seed, shall be labelled  - 

(a) in the case of a package of seed sealed in England, in accordance with paragraphs 9 to 14 of Schedule 8, and

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


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

(ii) in another member State,



in accordance with the provisions of Article 28(1) of the Vegetable Seed Directive.

    (7) A small package of officially certified CS seed shall be labelled  - 

(a) in the case of a package of seed sealed in England, in accordance with paragraphs 15 to 17 of Schedule 8, and

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


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

(ii) in another member State,



in accordance with the provisions of Article 28(3) of the Vegetable Seed Directive.

    (8) A package of standard seed, other than a small package of such seed, shall be labelled  - 

(a) in the case of a package of seed sealed in England, in accordance with paragraphs 18 to 22 of Schedule 8, and

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


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

(ii) in another member State,



in accordance with the provisions of the first and second sub-paragraphs of Article 28(3) of the Vegetable Seed Directive.

    (9) A small package of standard seed, other than a small package of a mixture of standard seeds of the type specified in regulation 21(1), shall be labelled  - 

(a) in the case of a package of seed sealed in England, in accordance with paragraphs 23 to 26 of Schedule 8, and

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


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

(ii) in another member State,



in accordance with the provisions of the first sub-paragraph of Article 28(3) of the Vegetable Seed Directive.

    (10) A small package of a mixture of standard seeds of the type specified in regulation 21(1) shall be labelled in accordance with paragraphs 27 to 30 of Schedule 8.

    (11) A package of officially certified basic or CS seed (other than a small package of CS seed) shall contain a document which  - 

(a) in the case of a package of seed sealed in England  - 


(i) is of the same colour as the official label fixed to the outside of the package in accordance with the provisions of paragraph (6)(a) in the case of basic and CS seed, and

(ii) that contains at least the particulars specified in paragraph 9(c), (e), (f) and (g) of Schedule 8, and



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



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

(ii) in another member State,



is in accordance with the provisions of Article 28(1)(b) of the Vegetable Seed Directive.

    (12) The provisions of paragraph (11) shall not apply if  - 

(a) the particulars specified in paragraph (11)(a)(ii) are printed indelibly on the outside of the package;

(b) the official label is inside a transparent package and can be read through the package; or

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

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

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

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

shall clearly indicate that the variety has been genetically modified.

    (14) If any breeder's seed or officially certified pre-basic, basic, CS or standard seed has been subjected to any chemical treatment then this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either  - 

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

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


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

(ii) on the label required under paragraph (4), (5), (6), (7), (8), (9) or (10);



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

(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 the supervision of the Secretary of State.

    (3) An arrangement under this regulation may include such conditions as the Secretary of State is of the opinion are necessary or desirable for the purposes referred to in paragraphs (1) and (2) above, including conditions  - 

(a) specifying  - 


(i) the official measures that the person with whom the arrangement is made shall carry out under it;

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

(iii) the methods to be used in connection with the official measures he carries out under the arrangement;

(iv) the fees that may be charged by the person with whom the arrangement is made in relation to the official measures he carries out under it; and

(v) the records that must be kept by the person with whom the arrangement is made in connection with the official measures he carries out;



(b) prohibiting the person with whom the arrangement is made from  - 



(i) carrying out the official measures except under official supervision, and

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



(c) prohibiting the person with whom the arrangement is made from making any further arrangement for any purpose in connection with the carrying out of any of the official measures he has arranged with the Secretary of State to carry out, unless  - 



(i) the Secretary of State has first approved all the conditions of the further arrangement and the person with whom the arrangement was made has received the prior approval of the Secretary of State to make the further arrangement;

(ii) the further arrangement includes a condition prohibiting the making of any subsequent arrangements for any purpose in connection with the carrying out of any of the official measures in respect of which the Secretary of State made the arrangement;

(iii) the further arrangement includes an acknowledgement by the person with whom it is made that the Secretary of State may vary, suspend or revoke the further arrangement, whether or not she also varies, suspends or revokes the arrangement she made with the person seeking her approval for the further arrangement; and

(iv) the further arrangement includes the conditions specified in sub-paragraphs (a) and (b).

    (4) The Secretary of State shall not approve the making of a further arrangement by any person with whom she makes an arrangement under this regulation unless she is satisfied that the person with whom the further arrangement is to be made  - 

(a) will not derive any private gain from any official measures he is to be authorised to carry out under the further arrangement, and

(b) will not carry out any official measures under the further arrangement except under official supervision.

    (5) The Secretary of State may vary, suspend or revoke an arrangement or the conditions of an arrangement made under this regulation, or a further arrangement or any of the conditions of a further arrangement under this regulation, by giving notice to the person with whom the arrangement or further arrangement is made, and a further arrangement may be varied, suspended or revoked under this paragraph notwithstanding that the arrangement in respect of which it was made is not also varied, suspended or revoked.

    (6) A notice of a variation, suspension or revocation of an arrangement or further arrangement, or of a condition of an arrangement or further arrangement, shall specify  - 

(a) in respect of a variation or a revocation, a date on and after which the variation or revocation shall have effect, and

(b) in respect of a suspension, a period during which suspension shall have effect,

    (3) A person carrying out official measures in accordance with an arrangement or further arrangement under regulation 28 may charge any person, including any other person with whom an arrangement or further arrangement has been made under regulation 28, reasonable fees in respect of costs he reasonably incurs in carrying out official measures under the responsibility of the Secretary of State in accordance with these Regulations.

    (4) All fees payable under these Regulations in connection with any application shall be payable  - 

(a) at the time the application is made, or

(b) with the agreement of the Secretary of State or a person carrying out official measures in accordance with an arrangement or further arrangement under regulation 28 (as the case may be), within twenty-eight days following notice from the Secretary of State or that person (as the case may be) demanding the fee payable in respect of such application.

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

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

UK officially certified pre-basic seed of a listed variety
     2.  - (1) In these Regulations "UK officially certified pre-basic seed of a listed variety" means seed to which paragraph (2), (3) or (4) applies.

    (2) This paragraph applies to  - 

(a) seed of a listed variety officially certified as pre-basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as pre-basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

    (3) This paragraph applies to  - 

(a) pre-basic seed of a listed variety  - 


(i) that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii) that satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and

(iii) for which a seed test report has been issued stating that it has been found by an official UK seed test (whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for basic seed or that it has been found by such a test to satisfy all of those conditions except for the germination condition;



(b) pre-basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c) pre-basic seed of a listed variety  - 



(i) that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State, and

(ii) that complies with the requirements of paragraph (a)(ii) and (iii);



(d) pre-basic seed of a previously listed variety  - 



(i) that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii) for which a marketing extension is in force; and



(e) pre-basic seed  - 



(i) that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii) that is of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,



other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.

    (4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as pre-basic seed.

EC officially certified pre-basic seed of a listed variety
     3. In these Regulations "EC officially certified pre-basic seed of a listed variety" means  - 

(a) pre-basic seed of a listed variety officially certified as pre-basic seed by or on behalf of the competent seed certification authority in another member State, and

(b) pre-basic seed of a previously listed variety officially certified as pre-basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Overseas tested officially certified pre-basic seed of a listed variety
     4. In these Regulations "overseas tested officially certified pre-basic seed of a listed variety" means pre-basic seed  - 

(a) that was harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;

(b) for which a seed test report has been issued by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, stating that the seed has been found to satisfy the relevant Directive seed conditions for basic seed;

(c) that has been imported into the United Kingdom as pre-basic seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

(d) that is accompanied by  - 


(i) an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii) the seed test report referred to in paragraph (b).

UK officially certified early movement pre-basic seed of a listed variety
     5.  - (1) In these Regulations "UK officially certified early movement pre-basic seed of a listed variety" means seed to which paragraph (2), (3) or (4) applies.

    (2) This paragraph applies to  - 

(a) seed of a listed variety officially certified as early movement pre-basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as early movement pre-basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

    (3) This paragraph applies to  - 

(a) pre-basic seed of a listed variety  - 


(i) that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii) that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed;

(iii) for which the results of a Schedule 4 germination test are awaited but for which a provisional analytical report has been obtained indicating what the percentage of germination of the seed is likely to be; and

(iv) for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, by an official UK seed test (whenever carried out), to satisfy the conditions laid down in Part II of Schedule 4 for basic seed;



(b) pre-basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;

(c) pre-basic seed of a listed variety  - 



(i) that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State, and

(ii) that complies with the requirements of paragraph (a)(ii) to (iv); and



(d) pre-basic seed of a previously listed variety  - 



(i) that has been imported into the United Kingdom as not finally certified pre-basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) to (iv); and

(iii) for which a marketing extension is in force,



other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.

    (4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as early movement pre-basic seed.

EC officially certified early movement pre-basic seed of a listed variety
     6. In these Regulations "EC officially certified early movement pre-basic seed of a listed variety" means  - 

(a) pre-basic seed of a listed variety officially certified as early movement pre-basic seed by or on behalf of the competent seed certification authority in another member State, and

(b) pre-basic seed of a previously listed variety officially certified as early movement pre-basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Officially certified pre-basic seed
     7. In these Regulations "officially certified pre-basic seed" means  - 

(a) UK officially certified pre-basic seed of a listed variety;

(b) EC officially certified pre-basic seed of a listed variety;

(c) overseas tested officially certified pre-basic seed of a listed variety;

(d) UK officially certified early movement pre-basic seed of a listed variety; and

(e) EC officially certified early movement pre-basic seed of a listed variety.

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

(b) that is intended to be used for the production of CS seed.

    (2) In these Regulations, in relation to a component of a hybrid variety, "basic seed" means seed of the component  - 

(a) that has been produced by or under the responsibility of the breeder, and

(b) that is intended to be used for the production of CS seed of a hybrid variety.

UK officially certified basic seed of a listed variety
     9.  - (1) In these Regulations "UK officially certified basic seed of a listed variety" means seed to which paragraph (2), (3) or (4) applies.(2) This paragraph applies to  - 

(a) seed of a listed variety officially certified as basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

    (3) This paragraph applies to  - 

(a) basic seed of a listed variety  - 


(i) that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii) that satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and

(iii) for which a seed test report has been issued stating that it has been found by an official UK seed test (whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for basic seed or that it has been found by such a test to satisfy all of those conditions except for the germination condition;



(b) basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c) basic seed of a listed variety  - 



(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

(ii) that complies with the requirements of paragraph (a)(ii) and (iii);



(d) basic seed of a previously listed variety  - 



(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii) for which a marketing extension is in force; and



(e) basic seed  - 



(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii) is of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,



other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.

    (4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as basic seed.

EC officially certified basic seed of a listed variety
     10. In these Regulations "EC officially certified basic seed of a listed variety" means  - 

(a) basic seed of a listed variety officially certified as basic seed by or on behalf of the competent seed certification authority in another member State, and

(b) basic seed of a previously listed variety officially certified as basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Overseas tested officially certified basic seed of a listed variety
     11. In these Regulations "overseas tested officially certified basic seed of a listed variety" means basic seed  - 

(a) that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;

(b) for which a seed test report has been issued by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, stating that the seed has been found to satisfy the relevant Directive seed conditions for basic seed;

(c) that has been imported into the United Kingdom as basic seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

(d) that is accompanied by  - 


(i) an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii) the seed test report referred to in paragraph (b).

UK officially certified early movement basic seed of a listed variety
     12.  - (1) In these Regulations "UK officially certified early movement basic seed of a listed variety" means seed to which paragraph (2), (3) or (4) applies.

    (2) This paragraph applies to  - 

(a) seed of a listed variety officially certified as early movement basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as early movement basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

    (3) This paragraph applies to  - 

(a) basic seed of a listed variety  - 


(i) that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii) that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed;

(iii) for which the results of a Schedule 4 germination test are awaited but for which a provisional analytical report has been obtained indicating what the percentage of germination of the seed is likely to be; and

(iv) for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, by an official UK seed test (whenever carried out), to satisfy the conditions laid down in Part II of Schedule 4 for basic seed;



(b) basic seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;

(c) basic seed of a listed variety  - 



(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

(ii) that complies with the requirements of paragraph (a)(ii) to (iv); and



(d) basic seed of a previously listed variety  - 



(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) to (iv); and

(iii) for which a marketing extension is in force,



other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.

    (4) Seed of a listed variety, or seed of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as early movement basic seed.

EC officially certified early movement basic seed of a listed variety
     13. In these Regulations "EC officially certified early movement basic seed of a listed variety" means  - 

(a) basic seed of a listed variety officially certified as early movement basic seed by or on behalf of the competent seed certification authority in another member State, and

(b) basic seed of a previously listed variety officially certified as early movement basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

UK officially certified basic seed of a component of a listed hybrid variety
     14.  - (1) In these Regulations "UK officially certified basic seed of a component of a listed hybrid variety" means seed to which paragraph (2) or (3) applies.

    (2) This paragraph applies to  - 

(a) seed of a component of a listed hybrid variety officially certified as basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) seed of a component of a previously listed hybrid variety officially certified as basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force in respect of seed of the hybrid variety.

    (3) This paragraph applies to  - 

(a) basic seed of a component of a listed hybrid variety  - 


(i) that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii) that satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed or satisfies all of those conditions except for the germination condition; and

(iii) for which a seed test report has been issued stating that it has been found by an official UK seed test (whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for basic seed or that it has been found by such a test to satisfy all of those conditions except for the germination condition;



(b) basic seed of a component of a previously listed hybrid variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force in respect of seed of the hybrid variety;

(c) basic seed of a component of a listed hybrid variety  - 



(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

(ii) that complies with the requirements of sub-paragraph (a)(ii) and (iii);



(d) basic seed of a component of a previously listed hybrid variety  - 



(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii) for which a marketing extension is in force in respect of seed of the hybrid variety;



(e) basic seed  - 



(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii) that is a component of a hybrid variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,



other than seed to which paragraph (2) applies and seed of a component of a hybrid variety for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.

EC officially certified basic seed of a component of a listed hybrid variety
     15. In these Regulations "EC officially certified basic seed of a component of a listed hybrid variety" means  - 

(a) basic seed of a component of a listed hybrid variety officially certified as basic seed by or on behalf of the competent seed certification authority in another member State, and

(b) basic seed of a component of a previously listed hybrid variety officially certified as basic seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force in respect of seed of the hybrid variety.

Overseas tested officially certified basic seed of a component of a listed hybrid variety
     16. In these Regulations "overseas tested officially certified basic seed of a component of a listed hybrid variety" means basic seed  - 

(a) that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for basic seed;

(b) for which a seed test report has been issued by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, stating that the seed has been found to satisfy the relevant Directive seed conditions for basic seed;

(c) that has been imported into the United Kingdom as a component of a hybrid variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed; and

(d) that is accompanied by  - 


(i) an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii) the seed test report referred to in paragraph (b).

UK officially certified early movement basic seed of a component of a listed hybrid variety
     17.  - (1) In these Regulations "UK officially certified early movement basic seed of a component of a listed hybrid variety" means seed of which paragraph (2) or (3) applies.

    (2) This paragraph applies to  - 

(a) seed of a component of a listed hybrid variety officially certified as early movement basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) seed of a component of a previously listed hybrid variety officially certified as early movement basic seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force in respect of seed of the hybrid variety.

    (3) This paragraph applies to  - 

(a) basic seed of a component of a listed hybrid variety  - 


(i) that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced;

(ii) that, subject to paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for basic seed;

(iii) for which the results of a Schedule 4 germination test are awaited but for which a provisional analytical report has been obtained indicating what the percentage of germination of the seed is likely to be; and

(iv) for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, by an official UK seed test (whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for basic seed;



(b) basic seed of a component of a previously listed hybrid variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force in respect of seed of the hybrid variety;

(c) basic seed of a component of a listed hybrid variety  - 



(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State, and

(ii) complies with the requirements of sub-paragraph (a)(ii) to (iv); and



(d) basic seed of a component of a previously listed hybrid variety  - 



(i) that has been imported into the United Kingdom as not finally certified basic seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) to (iv); and

(iii) for which a marketing extension is in force in respect of seed of the hybrid variety,



other than seed to which paragraph (2) applies and seed of a component of a hybrid variety for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.

EC officially certified early movement basic seed of a component of a listed hybrid variety
     18. In these Regulations "EC officially certified early movement basic seed of a component of a listed hybrid variety" means  - 

(a) basic seed of a component of a listed hybrid variety officially certified as early movement basic seed by or on behalf of the competent seed certification authority in another member State, and

(b) basic seed of a component of a previously listed hybrid variety officially certified as early movement basic seed by or on behalf of the competent seed certification authority in another member State for which a marketing extension is in force in respect of seed of the hybrid variety.

Officially certified basic seed
     19. In these Regulations "officially certified basic seed" means  - 

(a) UK officially certified basic seed of a listed variety;

(b) EC officially certified basic seed of a listed variety;

(c) overseas tested officially certified basic seed of a listed variety;

(d) UK officially certified early movement basic seed of a listed variety;

(e) EC officially certified early movement basic seed of a listed variety;

(f) UK officially certified basic seed of a component of a listed hybrid variety;

(g) EC officially certified basic seed of a component of a listed hybrid variety;

(h) overseas tested officially certified basic seed of a component of a listed hybrid variety;

(i) UK officially certified early movement basic seed of a component of a listed hybrid variety; and

(j) EC officially certified early movement basic seed of a component of a listed hybrid variety.

(a) has been produced directly from officially certified basic seed or, with the breeder's authority, from officially certified pre-basic seed, and

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

UK officially certified CS seed of a listed variety
     21.  - (1) In these Regulations "UK officially certified CS seed of a listed variety" means seed to which paragraph (2), (3) or (4) applies.

    (2) This paragraph applies to  - 

(a) seed of a listed variety officially certified as CS seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as CS seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

    (3) This paragraph applies to  - 

(a) CS seed of a listed variety  - 


(i) that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found, by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS seed is to be produced;

(ii) that satisfies the conditions laid down in Parts II and III of Schedule 4 for CS seed; and

(iii) for which a seed test report has been issued stating that it has been found by an official UK seed test (whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for CS seed;



(b) CS seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iii) and for which a marketing extension is in force;

(c) CS seed of a listed variety  - 



(i) that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State, and

(ii) that complies with the requirements of paragraph (a)(ii) and (iii);



(d) CS seed of a previously listed variety  - 



(i) that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii) for which a marketing extension is in force; and



(e) CS seed  - 



(i) that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State or an equivalent third country;

(ii) that complies with the requirements of paragraph (a)(ii) and (iii); and

(iii) of a variety that was unlisted at the time when the seed was imported into the United Kingdom but has since been listed,



other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.

    (4) Seed of a listed variety, or of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as CS seed.

EC officially certified CS seed of a listed variety
     22. In these Regulations "EC officially certified CS seed of a listed variety" means  - 

(a) CS seed of a listed variety officially certified as CS seed by or on behalf of the competent seed certification authority in another member State, and

(b) CS seed of a previously listed variety officially certified as CS seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Overseas tested officially certified CS seed of a listed variety
     23. In these Regulations "overseas tested officially certified CS seed of a listed variety" means CS seed  - 

(a) that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued by or on behalf of the competent seed certification authority in the member State stating that the crop had been found to satisfy the relevant Directive crop conditions for CS seed;

(b) for which a seed test report has been issued by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, stating that the seed has been found to satisfy the relevant Directive seed conditions for CS seed;

(c) that has been imported into the United Kingdom as CS seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and

(d) that is accompanied by  - 


(i) an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a), and

(ii) the seed test report referred to in paragraph (b).

UK officially certified early movement CS seed of a listed variety
     24.  - (1) In these Regulations "UK officially certified early movement CS seed of a listed variety" means seed to which paragraph (2), (3) or (4) applies.

    (2) This paragraph applies to  - 

(a) seed of a listed variety officially certified as early movement CS seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and

(b) seed of a previously listed variety officially certified as early movement CS seed by or on behalf of the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development and for which a marketing extension is in force.

    (3) This paragraph applies to  - 

(a) CS seed of a listed variety  - 


(i) that has been harvested from a crop produced in the United Kingdom for which a field inspection report has been issued stating that the crop has been found by an official UK field inspection (whenever carried out) to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which CS seed is to be produced;

(ii) that, subject to sub-paragraph (iii), satisfies the conditions laid down in Parts II and III of Schedule 4 for CS seed;

(iii) for which the results of a Schedule 4 germination test are awaited to determine whether the seed will satisfy the applicable germination standard for CS seed but for which a provisional analytical report has been obtained indicating that the seed is likely to meet that standard; and

(iv) for which a seed test report has been issued stating that it has been found, subject to the results of the awaited Schedule 4 germination test, by an official UK seed test (whenever carried out) to satisfy the conditions laid down in Part II of Schedule 4 for CS seed;



(b) CS seed of a previously listed variety that complies with the requirements of paragraph (a)(i) to (iv) and for which a marketing extension is in force;

(c) CS seed of a listed variety  - 



(i) that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State, and

(ii) that complies with the requirements of paragraph (a)(ii) to (iv); and



(d) CS seed of a previously listed variety  - 



(i) that has been imported into the United Kingdom as not finally certified CS seed harvested in another member State;

(ii) that complies with the requirements of paragraph (a)(ii) to (iv); and

(iii) for which a marketing extension is in force,



other than seed to which paragraph (2) applies and seed for which an application for official certification has been made to the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development that has not been finally determined.

    (4) Seed of a listed variety, or of a previously listed variety for which a marketing extension is in force, in respect of which a successful application has been made to the Secretary of State under regulation 13 to re-grade it as early movement CS seed.

EC officially certified early movement CS seed of a listed variety
     25. In these Regulations "EC officially certified early movement CS seed of a listed variety" means  - 

(a) CS seed of a listed variety officially certified as early movement CS seed by or on behalf of the competent seed certification authority in another member State, and

(b) CS seed of a previously listed variety officially certified as early movement CS seed by or on behalf of the competent seed certification authority in another member State and for which a marketing extension is in force.

Officially certified CS seed
     26. In these Regulations "officially certified CS seed" means  - 

(a) UK officially certified CS seed of a listed variety;

(b) EC officially certified CS seed of a listed variety;

(c) overseas tested officially certified CS seed of a listed variety;

(d) UK officially certified early movement CS seed of a listed variety; and

(e) EC officially certified early movement CS seed of a listed variety.

Early multiplication
     27.  - (1) The requirement contained in paragraph 20(a) (that CS seed be produced directly from officially certified basic seed, or, with the breeder's authority, from officially certified pre-basic seed) shall be treated as having been complied with in relation to CS seed in a case where  - 

(a) the CS seed ("the harvested CS seed") was harvested from a crop produced from pre-basic seed to which sub-paragraph (2) applies or basic seed to which sub-paragraph (3) or (4) applies, and

(b) the variety of the harvested CS seed was not listed at the time when the pre-basic or basic seed referred to in paragraph (a) was sown but was subject to an application for listing at that time which was subsequently granted.

    (2) This sub-paragraph applies to pre-basic seed  - 

(a) that has been harvested from a crop  - 


(i) produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced, or

(ii) produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority in that State to satisfy the Directive crop conditions for basic seed;



(b) that  - 



(i) was found by an official UK seed test to satisfy the conditions laid down in Part II of Schedule 4 for basic seed, or

(ii) was found by seed testing carried out by or on behalf of the competent seed certification authority in another member State to satisfy the Directive seed conditions for basic seed; and



(c) that was of the same variety as the harvested CS seed.

    (3) This sub-paragraph applies to basic seed  - 

(a) that has been harvested from a crop  - 


(i) produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which basic seed is to be produced, or

(ii) produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority in that State to satisfy the Directive crop conditions for basic seed;



(b) that  - 



(i) was found by an official UK seed test to satisfy the conditions laid down in Part II of Schedule 4 for basic seed, or

(ii) was found by seed testing carried out by or on behalf of the competent seed certification authority to satisfy the Directive seed conditions for basic seed; and



(c) that was of the same variety as the harvested CS seed.

    (4) This sub-paragraph applies to basic seed of a component of a hybrid variety  - 

(a) that complied with the requirements of sub-paragraph (3)(a) and (b), and

(b) that was a component in the production of the harvested CS seed of the hybrid variety.

(a) that is intended mainly for the production of vegetables, and

(b) satisfies the conditions laid down in Annex II to the Vegetable Seed Directive.

(a) to which sub-paragraph (2) applies;

(b) that has been harvested from a crop produced in another member State and has been found by a field examination of the crop carried out by or on behalf of the competent seed certification authority in the member State to satisfy the Directive crop conditions for basic seed;

(c) that has been packed in a sealed package in accordance with the requirements of Article 27(1) of the Vegetable Seed Directive and is labelled with a grey label;

(d) that has been imported into the United Kingdom as not finally certified seed; and

(e) that is accompanied by an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

    (2) This sub-paragraph applies to pre-basic seed of  - 

(a) a listed variety;

(b) a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or

(c) a previously listed variety for which a marketing extension is in force.

    (3) In this paragraph "grey label" means, in relation to the seed contained in the package on which the label is affixed, a grey coloured label containing the following particulars  - 

(a) the name of the authority responsible for the field inspection of the crop and the member State or their commonly used initials;

(b) the species of the seed, indicated at least in Roman characters  - 


(i) under its botanical name, which may be given in abridged form and without the author's name; or

(ii) under its common name; or

(iii) under both;



(c) the variety of the seed, indicated at least in Roman characters;

(d) the category of the seed;

(e) the field or lot reference number of the seed;

(f) the declared net or gross weight of the seed; and

(g) the words "seed not finally certified".

Not finally certified basic seed harvested in another member State
     30.  - (1) In these Regulations "not finally certified basic seed harvested in another member State" means basic seed  - 

(a) to which sub-paragraph (2) applies;

(b) that has been harvested from a crop produced in another member State and has been found by a field examination of the crop carried out by or on behalf of the competent seed certification authority in the member State to satisfy the Directive crop conditions for basic seed;

(c) that has been packed in a sealed package in accordance with the requirements of Article 27(1) of the Vegetable Seed Directive and is labelled with a grey label;

(d) that has been imported into the United Kingdom as not finally certified seed; and

(e) that is accompanied by an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

    (2) This sub-paragraph applies to basic seed of  - 

(a) a listed variety;

(b) a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined;

(c) a previously listed variety for which a marketing extension is in force;

(d) a component of a listed hybrid variety;

(e) a component of a hybrid variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or

(f) a component of a previously listed hybrid variety for which a marketing extension is in force.

    (3) In this paragraph "grey label" shall have the same meaning as in paragraph 29(3).

Not finally certified CS seed harvested in another member State
     31.  - (1) In these Regulations "not finally certified CS seed harvested in another member State" means CS seed  - 

(a) to which sub-paragraph (2) applies;

(b) that has been harvested from a crop  - 


(i) that has been produced in another member State directly from officially certified basic seed, and

(ii) that has been found by a field examination of the crop carried out by or on behalf of the competent seed certification authority in the member State, to satisfy the Directive crop conditions for CS seed;



(c) that has been packed in a sealed package in accordance with the requirements of Article 27(1) of the Vegetable Seed Directive and is labelled with a grey label;

(d) that has been imported into the United Kingdom as not finally certified seed; and

(e) that is accompanied by an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State in which the seed was harvested.

    (2) This sub-paragraph applies to CS seed of  - 

(a) a listed variety;

(b) a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; and

(c) a previously listed variety for which a marketing extension is in force.

    (3) In this paragraph "grey label" shall have the same meaning as in paragraph 29(3).

(a) broad bean;

(b) French bean; and

(c) runner bean.

     3. Beetroot (also known as red beet).

     4. Brussels sprouts.

     5. The following species of cabbage  - 

(a) red cabbage;

(b) savoy cabbage; and

(c) white cabbage.

     6. Carrot.

     7. Cauliflower.

     8. Celery.

     9. Chard and spinach beet.

     10. Chinese cabbage.

     11. Cucumber and gherkin.

     12. Curly kale.

     13. Endive.

     14. Gourd.

     15. Kohlrabi.

     16. Larged-leave chicory (also known as Italian chicory) and Witloof chicory.

     17. Leek.

     18. Lettuce.

     19. Marrow.

     20. Melon.

     21. Onion.

     22. Parsley.

     23. Pea other than field pea.

     24. Radish.

     25. Spinach.

     26. Sprouting broccoli (also known as calabrese).

     27. Tomato.

     28. Turnip.

(a) 99.7% in the case of basic seed, and

(b) 98% in the case of CS seed.

(a) Acanthoscelides obtectus Sag.;

(b) Bruchus affinis Froel.;

(c) Bruchus atomarius L.;

(d) Bruchus pisorum L.; or

(e) Bruchus rufimanus Boh.

(a) "complies with legal standards";

(b) the species, indicated at least in Roman characters; and

(c) the variety.

(a) the name and address of the supplier responsible for affixing the labels or his registration number;

(b) the reference number of the lot;

(c) the species;

(d) the variety;

(e) the words "breeder's seed"; and

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

except where those particulars are printed indelibly on the outside of the package.

     3. The label referred to in paragraph 2 shall be coloured buff.

(a) the certification authority and member State or their commonly used initials;

(b) the reference number of the lot;

(c) the month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows  - 


(i) by the word "Sealed" followed by the month and year of sealing, or

(ii) by the word "Sampled" followed by the month and year of official sampling;



(d) the species, indicated at least in Roman characters  - 



(i) under its botanical name, which may be given in abridged form and without the author's name; or

(ii) under its common name; or

(iii) under both;



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

(f) the description "pre-basic seed";

(g) the number of generations by which the seed precedes CS seed;

(h) the country of production;

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

(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 pure seeds and the total weight.

     5. Subject to paragraph 32, a reference to any maintenance of the variety may be included on the official label.

     6. The label referred to in paragraph 4 shall be coloured white with a diagonal violet line.

     7. The minimum size of the label referred to in paragraph 4 shall be 110 mm x 67 mm.

     8. The label referred to in paragraph 4 - 

(a) shall be  - 


(i) an adhesive label, or

(ii) a label secured to the package by a sealing device approved by the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and



(b) shall be fixed to the package by  - 



(i) an authorised officer or any person being supervised by such a person, or

(ii) in a case where the package is being relabelled, by a licensed seed sampler or any person being supervised by such a person.

(a) the words "EC rules and standards";

(b) the name of the certifying authority and member State or their commonly used initials;

(c) the reference number of the lot;

(d) the month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows  - 


(i) by the word "Sealed" followed by the month and year of sealing, or

(ii) by the word "Sampled" followed by the month and year of last official sampling for the purposes of certification;



(e) the species, indicated at least in Roman characters  - 



(i) under its botanical name, which may be given in abridged form and without the author's name; or

(ii) under its common name; or

(iii) under both;



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

(g) the category;

(h) the country of production;

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

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

(k) in the case of  - 



(i) basic seed which is a component of a hybrid variety and the component has been officially accepted on a National List or the Common Catalogue, the name under which the component has been officially accepted, with or without reference to the hybrid variety, accompanied, in the case of a component intended solely as a component for a hybrid variety, by the word "component";

(ii) basic seed which is a component of a hybrid variety and the component has not been officially accepted on a National List or the Common Catalogue, the name of the component, 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"; and

(iii) CS seed which is a hybrid, the name of the variety accompanied by the word "hybrid".

     10. Where at least germination has been retested, the words "retested" followed by the month and year of retesting and the authority responsible for such retesting may be indicated on the official label referred to in paragraph 9 or on an official sticker attached to the official label.

     11. Subject to paragraph 32, a reference to any maintenance of the variety may be included on the official label referred to in paragraph 9.

     12. The minimum size of the label referred to in paragraph 9 shall be 110 mm x 67 mm.

     13. The label referred to in paragraph 9 shall be coloured white for basic seed and blue for CS seed.

     14. The label referred to in paragraph 9 - 

(a) shall be  - 


(i) an adhesive label, or

(ii) a label secured to the package by a sealing device approved by the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development, and



(b) shall be fixed to the package by  - 



(i) an authorised officer or any person being supervised by such a person, or

(ii) in a case where the package is being relabelled, by a licensed seed sampler or any person being supervised by such a person.

Supplier's label for a small package of officially certified CS seed
     15. The package shall be labelled  - 

(a) subject to paragraph 31, on the outside;

(b) with a label, a printed notice or stamp containing the following information  - 


(i) the words "EC rules and standards";

(ii) the name and address of the supplier responsible for affixing the label or his identification mark;

(iii) the marketing year of sealing or the marketing year of last examination of germination, which may be given by reference to the end of the marketing year;

(iv) a reference number which enables the seed lot reference number of the seed lot from which the seed in the package has been taken to be identified;

(v) the species, indicated at least in Roman characters;

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

(vii) the words "certified seed" or the letter "C" or "Z";

(viii) the declared net or gross weight or declared number of seeds except in the case of a small package of seed not exceeding 500 grams in weight; and

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

     16. Subject to paragraph 32, a reference to any maintenance of the variety may be included on the label, printed notice or stamp referred to in paragraph 15.

     17. The label, notice or stamp referred to in paragraph 15 shall be coloured blue.

(a) subject to paragraph 31, on the outside;

(b) with a label, a printed notice or stamp containing the following information  - 


(i) the words "EC rules and standards";

(ii) the name and address of the supplier responsible for affixing the label or his identification mark;

(iii) the marketing year of sealing or the marketing year of last examination of germination, which may be given by reference to the end of the marketing year;

(iv) the species, indicated at least in Roman characters;

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

(vi) the words "standard seed";

(vii) a reference number given by the person responsible for affixing the label which enables the seed lot from which the seed in the package has been taken to be identified;

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

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

(a) the existence of the variety was a matter of common knowledge  - 


(i) in Belgium, France, the Federal Republic of Germany (as it was prior to German unification), Italy, Luxembourg or the Netherlands on 1st July 1970;

(ii) in Denmark, Ireland or the United Kingdom on 1st July 1973; or

(iii) in Spain on 1st March 1986.



(b) the Secretary of State has been notified that it is intended to include such a reference to the maintenance of the variety on the label; and

(c) the name of the maintenance appears after the name of the variety, is separated by a dash and is given no greater prominence than the name of the variety.

    (2) In this paragraph "maintenance" means a method of maintaining standard seed of a variety entered in a National List or the Common Catalogue, such method being designated by a name chosen by the person responsible for it.