Statutory Instrument 2002 No. 3174

      The Oil and Fibre Plant Seed (England) Regulations 2002

      © Crown Copyright 2002

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    STATUTORY INSTRUMENTS

    2002 No. 3174

    SEEDS, ENGLAND

    The Oil and Fibre Plant Seed (England) Regulations 2002

      Made 18th December 2002  
      Laid before Parliament 20th December 2002  
      Coming into force 31st January 2003  


    ARRANGEMENT OF REGULATIONS


    PART I

    General
    1. Title, extent and commencement
    2. General interpretation
    3. Definitions relating to plant species
    4. Definition of marketing
    5. Seed to which these Regulations apply

    PART II

    Procedures relating to the official certification of seed
    6. Entry of seed lots
    7. Entry of crop
    8. Field inspection of crops
    9. Lodging of field inspection reports and similar documents
    10. Re-grading of crops
    11. Seed testing
    12. Lodging of seed test reports
    13. Re-grading of seed
    14. Withdrawals

    PART III

    Control of oil and fibre plant seed
    15. Marketing of seed
    16. Marketing of officially certified lower germination seed
    17. Marketing of officially certified early movement seed
    18. Exception for scientific purposes and selection work
    19. Exception for test and trials
    20. General exemptions
    21. Mixtures
    22. Varietal associations of seed
    23. Sampling
    24. Packaging
    25. Sealing of packages
    26. Labelling of packages

    PART IV

    Miscellaneous and supplemental provisions
    27. Civil liability of sellers of seeds
    28. Arrangements for official measures
    29. Fees
    30. Service of notices
    31. Index of defined words and expressions
    32. Revocations and transitional provisions

      SCHEDULE 1 INTERPRETATION

      SCHEDULE 2 SPECIES OF SEED TO WHICH THESE REGULATIONS APPLY

      SCHEDULE 3 CONDITIONS RELATING TO CROPS FROM WHICH SEED IS TO BE HARVESTED

      SCHEDULE 4 CONDITIONS TO BE SATISFIED BY THE SEED

      SCHEDULE 5 RE-GRADING OF SEED

      SCHEDULE 6 CATEGORIES OF SEED THAT MAY BE MARKETED

      SCHEDULE 7 LOT AND SAMPLE WEIGHTS

      SCHEDULE 8 LABELLING

      SCHEDULE 9 LIMITS OF VARIATION

      SCHEDULE 10 INDEX OF WORDS AND EXPRESSIONS USED IN THESE REGULATIONS

    The Secretary of State in exercise of the powers conferred on her by sections 16(1), (1A), (2), (3), (4), (5) and (5A) and 36 of the Plant Varieties and Seeds Act 1964[    1] after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to her to be concerned, hereby makes the following Regulations:



    PART I

    General

    Title, extent and commencement
         1. These Regulations may be cited as the Oil and Fibre Plant Seed (England) Regulations 2002, shall extend to England and shall come into force on 31st January 2003.

    General interpretation
             2.  - (1) In these Regulations - 

      "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 the first paragraph of Article 19(2) of the Oil and Fibre Plant 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;

      "approved seed certification authority" means an authority specified in column 2 of the table set out in Part I of the Annex to the Third Country Equivalence Decision;

      "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 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 species of agricultural plants published in the Official Journal of the European Communities;

      "component" means - 

      (a) in the case of pre-basic seed, a component used in the production of a hybrid variety; and

      (b) in the case of basic seed, 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 Oil and Fibre Plant Seed Directive;

      "Directive seed conditions" means the conditions laid down in Annex II to the Oil and Fibre Plant Seed Directive;

      "the EC minimum percentage of germination" means the appropriate percentage of germination specified in column 2 of the table in paragraph 8 of Schedule 4;

      "EEA State" means a State that is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992[3] as adjusted by the Protocol signed at Brussels on 17th March 1993[4];

      "entered seed lot" means a seed lot in respect of which an application has been made under regulation 6 in accordance with regulation 6(2)(a), (b)(i) and (c);

      "equivalent third country" means a country specified in column 1 of the table set out in Part I of the Annex to the Third Country Equivalence Decision;

      "genetically modified" has the same meaning as for the purposes of Council Directive 2001/18/EC[5] on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC;

      "germination condition" means the condition laid down in paragraph 8 of Schedule 4;

      "homogeneous seed lot" means a seed lot that has been subject to appropriate mixing and blending techniques so that the seed in the lot is as uniform as practicable;

      "ISTA" means the International Seed Testing Association;

      "late entered seed lot" means a seed lot in respect of which an application has been made under regulation 6(1) in accordance with regulation 6(2)(a), (b)(ii) and (c);

      "licensed crop inspector" means a person who has been granted a licence under regulation 11 of the Seed (Registration, Licensing and Enforcement)(England) Regulations 2002[6] or by the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development under provisions equivalent to that regulation;

      "licensed EC crop inspector" means a person authorised by a competent seed certification authority in another member State, pursuant to Article 2(5)(a)(iii) of the Oil and Fibre Plant Seed Directive, to carry out field inspections of crops in that member State;

      "licensed EC seed testing station" means a seed testing laboratory authorised by the competent seed certification authority in another member State, pursuant to Article 3 of Commission Decision 98/320/EC[7] on the organisation of a temporary experiment on seed sampling and seed testing pursuant to Council Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC as last amended by Commission Decision 2002/280/EC[8], to carry out seed testing in that member State;

      "licensed seed sampler" means a person who has been granted a licence under regulation 18 of the Seed (Registration, Licensing and Enforcement)(England) Regulations 2002 or by the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development under provisions equivalent to that regulation;

      "licensed seed testing station" means a laboratory in respect of which a licence has been granted under regulation 25 of the Seed (Registration, Licensing and Enforcement)(England) Regulations 2002 or by the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development under provisions equivalent to that regulation;

      "licensed third country crop inspector" means a person authorised by an approved seed certification authority in an equivalent third country pursuant to - 

      (a) in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and

      (b) in the case of soya bean seed, the OECD Grass and Legume Seed Scheme;

    to carry out field inspections of crops in that country;

      "licensed third country seed testing station" means a seed testing laboratory authorised by the approved seed certification authority in an equivalent third country, pursuant to the provisions of the second paragraph of Article 2(4) of, and Annex V to, the OECD Decision, to carry out seed testing in that country;

      "listed variety" means a plant variety that is entered in a National List or the Common Catalogue;

      "listing" means the entry of a variety on a National List or the Common Catalogue and "listed" shall be construed accordingly;

      "maintainer" means a person who is indicated in a National List or in the Common Catalogue as responsible for maintaining a plant variety in accordance with the characteristics to which regard was had when the plant variety was entered in the List or the Common Catalogue;

      "marketing extension" means an extension granted by the Secretary of State, the Scottish Ministers, the National Assembly for Wales, the Department of Agriculture and Rural Development or the competent seed certification authority in another member State pursuant to Article 15 of the Common Catalogue Directive allowing an extended period for the certification and marketing of seed of a variety that has been deleted from its catalogue and the Common Catalogue;

      "member State" means an EEA State;

      "a National List" means a list of varieties of oil and fibre plant species for the time being published in accordance with the Seeds (National Lists of Varieties) Regulations 2001[9];

      "OECD" means the Organisation for Economic Co-operation and Development;

      "OECD Certificate" means a certificate issued by or on behalf of an approved seed certification authority in an equivalent third country under - 

      (a) in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and

      (b) in the case of soya bean seed, the OECD Grass and Legume Seed Scheme;

      "OECD Crucifer and Oil and Fibre Seed Scheme" means the OECD Scheme for the varietal certification of crucifer seed and other oil and fibre species seed moving in international trade in Annex VII to the OECD Decision;

      "OECD Decision" means the Decision of the OECD Council revising the OECD Schemes for Varietal Certification of the Control of Seed Moving in International Trade[10];

      "OECD Grass and Legume Seed Scheme" means the OECD Scheme for the varietal certification of grass and legume seed moving in international trade in Annex VI to the OECD Decision;

      "OECD List" means the OECD List of Varieties Eligible for Certification;

      "official label" means a label issued or authorised 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;

      "official measures" includes - 

      (a) the disposal and determination, where applicable, of applications made in accordance with regulation 6, 8, 9, 10, 11, 12, 13, 18 and 19, including the growing and assessment of control plots and the carrying out of field inspections and seed testing in connection with the disposal and determination of such applications; and

      (b) the receipt and acknowledgement of notifications given under regulation 7,

    and such other activities as may be necessary for those purposes;

      "official sample" means a sample of seed taken from a seed lot in accordance with regulation 23 and "official sampling" shall be construed accordingly;

      "official UK field inspection" means a field inspection carried out 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;

      "official UK seed test" means a seed test carried out 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;

      "the Oil and Fibre Plant Seed Directive" means Council Directive 2002/57/EC[11] on the marketing of seed of oil and fibre plants as amended by Council Directive 2002/68/EC[12] amending Directive 2002/57/EC on the marketing of seed of oil and fibre plants;

      "a Part II.A(3) official certificate" means an official certificate of the type specified in sub-paragraph 3 of paragraph A of Part II of the Annex to the Third Country Equivalence Decision;

      "previously listed variety" means a plant variety that was previously entered in - 

      (a) a National List or, in the case of another member State, the catalogue maintained by that State pursuant to Article 3 of the Common Catalogue Directive, and

      (b) the Common Catalogue,

    but which has been removed from both of them;

      "registered person" means a person registered under regulation 5 of the Seed (Registration, Licensing and Enforcement)(England) Regulations 2002 as a person who may engage in a relevant seed industry activity;

      "regulation 18 authorisation" means an authorisation granted in accordance with regulation 18;

      "regulation 19 authorisation" means an authorisation granted in accordance with regulation 19;

      "Schedule 4 germination test" means a test to determine whether the seed being tested attains the percentage of germination specified in column 2 of the table in paragraph 8 of Schedule 4;

      "the Secretary of State" means the Secretary of State for Environment, Food and Rural Affairs;

      "seed industry activity" has the same meaning as in regulation 2 of the Seed (Registration, Licensing and Enforcement)(England) Regulations 2002;

      "seed lot" means an identifiable consignment of seeds of a weight that does not exceed the weight specified in column 2 of the table in Schedule 7 for the species specified in column 1 of that table by more than 5% and that bears a unique seed lot reference number, and includes a blended seed lot and a seed lot that contains seed from different crops of the same variety grown on the same holding and combined on the grower's holding prior to processing;

      "seed that has been subject to satisfactory official post control" means seed from a seed lot for which a control plot has been sown 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 and which has produced plants which have been examined 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, as the case may be, and has been found, having regard to - 

      (a) the conditions laid down in - 

        (i) paragraphs 4 to 11 and 13 of Schedule 3, and

        (ii) paragraphs 1 to 3, 10, 11 and 12 of Schedule 4, and

      (b) the category of the seed to be produced,

    to be satisfactory seed from which to produce that category of seed;

      "small package" means a package of officially certified seed of any category not exceeding 15 kilograms in weight;

      "third country" means a country other than a member State;

      "the Third Country Equivalence Decision" means Council Decision 95/514/EC[13] on the equivalence of field inspections carried out in third countries on seed producing crops and on the equivalence of seed produced in third countries as last amended by Commission Decision 2002/276/EC[14];

      "a UK field inspection carried out under official supervision" means an examination of a crop carried out under official supervision by a licensed crop inspector;

      "a UK seed test carried out under official supervision" means a seed test carried out under official supervision by a licensed seed testing laboratory;

      "unlisted variety" means a variety that is not a listed variety; and

      "whenever carried out" - 

      (a) in relation to an official UK field inspection of a crop being grown to produce seed of a listed variety or a component of a listed hybrid variety, means an inspection carried out before or after the listing of the variety or hybrid variety;

      (b) in relation to an official UK field inspection of a crop being grown to produce seed of a previously listed variety or a component of a previously listed hybrid variety, means an inspection carried out while the variety or hybrid variety was listed or after it became unlisted;

      (c) in relation to an official UK seed test or a UK seed test carried out under official supervision of seed of a listed variety or a component of a listed hybrid variety, means a test carried out before or after the listing of the variety or hybrid variety; and

      (d) in relation to an official UK seed test or a UK seed test carried out under official supervision of seed of a previously listed variety or a component of a previously listed hybrid variety, means a test carried out while the variety or hybrid variety was listed or after it became unlisted.

        (2) All applications, approvals, authorisations, notices, notifications, notices and statements to which these Regulations apply shall be made in writing.

        (3)

      "Writing" in paragraph (2) shall include an electronic communication within the meaning of the Electronic Communications Act 2000[15] provided that - 

      (a) any document of the type referred to in paragraph (2) shall only be sent to the Secretary of State by an electronic communication if the Secretary of State has represented that electronic communication is a means by which persons can send such a document to her, and

      (b) notifications required to be made by the Secretary of State to any person shall only be made by an electronic communication if the intended recipient has himself used the same form of electronic communication in communicating with the Secretary of State for the purpose of these Regulations or has otherwise represented that that form of electronic communication is a means by which the Secretary of State can communicate with him.

        (4) Expressions in these Regulations which are not defined in this regulation, elsewhere in these Regulations or in the Schedules to these Regulations and which appear in the Oil and Fibre Plant Seed Directive have the same meaning in these Regulations as they have in that Directive.

        (5) Schedule 1, which contains definitions of pre-basic seed and similar expressions, basic seed and similar expressions, CS, C1, C2 and C3 seed and similar expressions, commercial seed and similar expressions and expressions relating to imported not finally certified seed, shall apply to the interpretation of these Regulations.

    Definitions relating to plant species
         3. In these Regulations - 

      "brown mustard" means plants of the species Brassica juncea (L.) Czernj. et Cosson;

      "flax" means plants of the species Linum usitatissimum L. commonly known as flax.;

      "linseed" means plants of the species Linum usitatissimum L. commonly known as linseed;

      "soya bean" means plants of the species Glycine max (L.) Merr.;

      "sunflower" means plants of the species Helianthus annuus L.;

      "swede rape" means plants of the species Brassica napus L. (partim) including plants commonly known as fodder rape and oilseed rape;

      "turnip rape" means plants of the species Brassica rapa L. var. silvestris (Lam.) Briggs; and

      "white mustard" means plants of the species Sinapis alba L.

    Definition of marketing
             4.  - (1) Subject to paragraph (2), in these Regulations "marketing" means - 

    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,

    shall not be regarded as marketing of seed of that variety.

    Seed to which these Regulations apply
             5.  - (1) Subject to paragraph (2), these Regulations apply to oil and fibre plant seed of the species specified in Schedule 2 that are intended for agricultural production but not for ornamental purposes.

        (2) These Regulations shall not apply to seed that is intended for export to a third country.



    PART II

    Procedures relating to the official certification of seed

    Entry of seed lots
             6.  - (1) Subject to paragraph (2), an application to enter a seed lot from which it is intended that a crop is to be produced from which pre-basic, basic, CS, C1, C2 or C3 seed is to be harvested may be made to the Secretary of State by a registered person.

        (2) 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 - 

        (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 taken 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 - 

      (a) 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), and

      (b) in the case of an application to enter a seed lot from which it is intended to produce a crop from which CS seed of a hybrid variety of swede rape or turnip rape is to be harvested, shall sow a control plot with seed taken from an official sample of seed taken from the seed lot unless a control plot has already been sown with seed from an official sample of 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(8), (9), (10) or (11), 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(6)(b), a seed test report issued in accordance with regulation 11(12)(b).

    Entry of crop
             7.  - (1) A registered person who has sown seed from an entered or late entered seed lot from which it is intended to produce a crop from which pre-basic, basic, CS, C1, C2 or C3 seed is to be harvested shall notify the Secretary of State that he has sown the seed.

        (2) A notification given under this regulation - 

        (3) Subject to paragraph (4), the Secretary of State shall acknowledge receipt of a notification made under this regulation.

        (4) Subject to paragraph (5), unless specifically requested to do so by the applicant, the Secretary of State shall not individually acknowledge the receipt of each notification given under this regulation that she receives but shall periodically provide the applicant with a list of those crops for which she has received such a notification from him.

        (5) Where the Secretary of State has previously provided the applicant with a list of those crops for which she has received a notification under this regulation from him, any subsequent list periodically provided to the applicant under paragraph (4) shall list only those crops in respect of which the Secretary of State has received a notification under this regulation from him since last providing the applicant with the last such list.

    Field inspection of crops
             8.  - (1) Subject to paragraph (2), an application may be made to the Secretary of State by a registered person for the field inspection of - 

        (2) An application made under paragraph (1) shall not be made in respect of a regulation 8(1)(a), (b), (c), (d), (e) or (f) crop to produce 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 the listing of the variety, or the 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) Subject to paragraph (4), an application may be made to a licensed crop inspector by a registered person for the field inspection of - 

      (a) a crop being produced in England from an entered seed lot from which it is intended that CS seed of - 

        (i) black mustard, brown mustard, sunflower, swede rape or turnip rape or white mustard, or

        (ii) a hybrid of sunflower, swede rape or turnip rape,

      is to be harvested ("a regulation 8(3)(a) crop");

      (b) a crop being produced in England from an entered seed lot from which it is intended that C1 seed of flax, linseed or soya bean is to be harvested ("a regulation 8(3)(b) crop");

      (c) a crop being produced in England from an entered seed lot from which it is intended that C2 seed of flax, linseed or soya bean is to be harvested ("a regulation 8(3)(c) crop"); or

      (d) a crop being produced in England from an entered seed lot from which it is intended that C3 seed of flax is to be harvested ("a regulation 8(3)(d) crop").

        (4) An application under paragraph (3) shall not be made - 

      (a) in respect of a crop to produce seed of a variety or hybrid variety that is not listed unless a marketing extension is in force in respect of the variety or hybrid variety; and

      (b) except in respect of a crop that is being produced from - 

        (i) seed that has been subject to satisfactory official post control, or

        (ii) seed that is subject to official post control and for which a determination as to whether the seed is satisfactory seed from which to produce seed of the category to which the application relates is awaited.

        (5) If required by the Secretary of State, an application made under paragraph (3) shall be considered by her instead of by a licensed crop inspector.

        (6) If permitted by the Secretary of State, an application made under paragraph (3) may be made to her instead of to a licensed crop inspector.

        (7) An application 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.

        (8) Following receipt of an application made under paragraph (1) or (3), the Secretary of State (in the case of an application made under paragraph (1) or an application made under paragraph (3) that is being considered by her under paragraph (5) or has been made to her under paragraph (6)), or the licensed crop inspector to whom an application has been made under paragraph (3) (as the case may be) shall inspect the crop in accordance with the relevant provisions of paragraph 12 of Schedule 3 to determine - 

      (a) whether the crop meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the category of seed intended to be harvested, and

      (b) unless requested not to do so by the applicant, 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 (17) applies.

        (9) Subject to paragraph (13), where in the case of an application made under paragraph (1), or an application made to the Secretary of State under paragraph (3) in accordance with paragraph (5) or (6), 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 (17) 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.

        (10) Where in the case of an application made to a licensed crop inspector under paragraph (3) the inspected crop is found to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production - 

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

      (b) where applicable, any other category of seed to which paragraph (17) applies,

    the licensed crop inspector shall issue a field inspection report to the applicant stating (by reference to the relevant category or categories of seed) that the crop has been found to meet those conditions.

        (11) Subject to paragraph (13), where in the case of an application made to the Secretary of State under paragraph (1) or an application made under paragraph (3) that is being considered by her under paragraph (5) or has been made to her under paragraph (6), 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 (17) 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.

        (12) Where in the case of an application made to a licensed crop inspector under paragraph (3) 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 licensed crop inspector shall issue a field inspection report to 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 (17) applies, stating the conditions (by reference to the relevant category or categories of seed), if any, met by the crop.

        (13) Where - 

      (a) an application has been made to the Secretary of State under paragraph (1), or an application has been made under paragraph (3) that is being considered by her under paragraph (5) or has been made to her under paragraph (6), 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, III or IV 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 (9) or (11).

        (14) Where paragraph (15) applies, the Secretary of State may carry out her own examination of - 

        (i) a crop to which an application made under paragraph (3) relates;

        (ii) any other crops that are being produced from seed that has been taken from the same seed lot and in respect of which an application has been made under paragraph (3); or

        (iii) both the crops referred to in paragraphs (i) and (ii).

        (15) This paragraph applies where - 

      (a) an application has been made to a licensed crop inspector under paragraph (3) in respect of seed that is subject to official post-control;

      (b) the plants produced in the control plot being used for the purpose of the official post control have been examined 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; and

      (c) it has been determined 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, having regard to - 

        (i) the conditions laid down in paragraphs 4 to 11 and 13 of Schedule 3, and paragraphs 1 to 3 and 10 to 12 of Schedule 4, and

        (ii) the category of seed to which the application relates,

      that the plants produced in the control plot are not satisfactory plants from which to produce seed of the category to which the application relates.

        (16) Where the Secretary of State has carried out an examination of the crop referred to in paragraph (14)(i) or the crops referred to in paragraph (14)(ii), or has carried out an examination of both the crop referred to in paragraph (14)(i) and the crops referred to in paragraph (14)(ii), she shall inform the applicant whether she is satisfied that the seed used to produce the crop to which his application relates was satisfactory seed to be used for the production of the category of seed to which his application relates, and, if the Secretary of State is satisfied that this is the case, the seed used to produce the crop, and seed from the same seed lot, shall be treated as being seed that has been subject to official post-control for the production of that category of seed.

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

      (a) in the case of an application made under paragraph (1) relating to a regulation 8(1)(a) crop that has been produced from breeder's seed, to the category of basic seed;

      (b) in the case of an application made under paragraph (1) relating to a regulation 8(1)(a) crop of flax that has been produced from officially certified pre-basic seed, to the categories of basic, C1, C2 and C3 seed;

      (c) in the case of an application made under paragraph (1) relating to a regulation 8(1)(a) crop of linseed or soya bean that has been produced from officially certified pre-basic seed, to the categories of basic, C1 and C2 seed;

      (d) in the case of an application made under paragraph (1) relating to a regulation 8(1)(a) crop of black mustard, brown mustard, sunflower, swede rape, turnip rape or white mustard, other than a component of a hybrid variety used in the production of sunflower, swede rape or turnip rape, that has been produced from officially certified pre-basic seed, to the categories of basic and CS seed;

      (e) in the case of an application made under paragraph (1) relating to a regulation 8(1)(a) crop of a component used in the production of a hybrid variety of sunflower, swede rape or turnip rape that has been produced from breeder's seed or officially certified pre-basic seed, to the category of basic seed;

      (f) in the case of an application made under paragraph (1) relating to a regulation 8(1)(b) crop produced from breeder's seed, to the category of pre-basic seed;

      (g) in the case of an application made under paragraph (1) relating to a regulation 8(1)(b) crop of flax produced from officially certified pre-basic seed, to the categories of pre-basic, C1, C2 and C3 seed;

      (h) in the case of an application made under paragraph (1) relating to a regulation 8(1)(b) crop of linseed or soya bean produced from officially certified pre-basic seed, to the categories of pre-basic, C1 and C2 seed;

      (i) in the case of an application made under paragraph (1) relating to a regulation 8(1)(b) crop of black mustard, brown mustard, sunflower, swede rape, turnip rape or white mustard produced from officially certified pre-basic seed, other than a component of a hybrid variety of sunflower, swede rape or turnip rape, to the categories of pre-basic and CS seed;

      (j) in the case of an application made under paragraph (1) relating to a regulation 8(1)(b) crop of a component of a hybrid variety of sunflower, swede rape or turnip rape, that has been produced from breeder's seed or officially certified pre-basic seed, to the category of pre-basic seed;

      (k) in the case of an application made under paragraph (1) relating to a regulation 8(1)(d) or 8(1)(h) crop or an application made under paragraph (3) relating to a regulation 8(3)(b) crop of flax, to the categories of C2 and C3 seed;

      (l) in the case of an application made under paragraph (1) relating to a regulation 8(1)(d) or 8(1)(h) crop or an application made under paragraph (3) relating to a regulation 8(3)(b) crop of linseed or soya bean, to the category of C2 seed; and

      (m) in the case of an application made under paragraph (1) relating to a regulation 8(1)(e) or 8(1)(i) crop or an application made under paragraph (3) relating to a regulation 8(3)(c) crop of flax, to the category of C3 seed.

        (18) In this regulation "seed that is subject to official post control" means seed from a seed lot for which a control plot has been sown 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 to produce plants which are to be, or have been, examined 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, as the case may be, to determine whether, having regard to the conditions laid down in - 

      (a) paragraphs 4 to 11 and 13 of Schedule 3, and

      (b) paragraphs 1 to 3 and 10 to 12 of Schedule 4,

    the plants produced in the plot indicate that the corresponding plants in the field are satisfactory plants from which to harvest the category of seed in respect of which the paragraph (3) application has been made.

    Lodging of field inspection reports and similar documents
             9.  - (1) Subject to paragraphs (2) and (3), an application to lodge a copy of a document to which paragraph (2) applies may be made to the Secretary of State by a registered person.

        (2) This paragraph applies - 

        (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, subject to paragraph (4), 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);

        (iv) in relation to a crop produced in an equivalent third country, by a copy of the document referred to in paragraph (2)(d); and

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

        (4) The Secretary of State may permit, subject to any conditions that she may impose, an application made under this regulation relating to a crop for which the applicant previously made an application under regulation 8(3) to be accompanied by the following document instead of the field inspection report issued under regulation 8(10) or (12), namely a document relating to the crop (whether relating to that crop alone or relating to other crops in respect of which an application has been made by the applicant under regulation 8(3)) - 

      (a) that states, by reference to the relevant category, the conditions met by that crop;

      (b) that identifies the licensed crop inspector or inspectors who inspected the crop;

      (c) that states that during a period of three years from the date of issue of the field inspection report, the original report will be produced to the Secretary of State on demand and that a copy of the report will be made available to her on request during that period; and

      (d) that contains such other information as the Secretary of State may require.

        (5) Where a document of the type specified in paragraph (4) accompanies an application made under this regulation instead of a field inspection report, the applicant shall produce the field inspection report referred to in paragraph (3) to the Secretary of State on demand during the period of three years from the date of the issue of the field inspection report and shall make a copy of the report available to her on request during that period.

    Re-grading of crops
             10.  - (1) An application to re-grade a crop for the production of a category of seed to which paragraph (6) applies as a crop for the production of another category of seed ("the new category") to which that paragraph applies may be made to the Secretary of State by a registered person.

        (2) 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 - 

        (3) Where an application made under this regulation has been made in respect of a crop that has not been harvested - 

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

        (i) the previous field inspection report issued in respect of the crop was not issued by her, and

        (ii) the condition and stage of development of the crop permit an adequate examination; and

      (b) the Secretary of State may, in the case of an application to re-grade a crop as a crop to produce CS, C1, C2 or C3 seed, 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 - 

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

        (i) has carried out a field inspection of the crop (whether in connection with the original application for a field inspection of the crop or in accordance with paragraph (3));

        (ii) is satisfied 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

        (iii) is satisfied 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;

      (b) in the case of an application to re-grade a crop as a crop to produce CS or C1 seed, - 

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

        (ii) is satisfied 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;

      (c) in the case of an application to re-grade a crop as a crop to produce C2 seed - 

        (i) is satisfied that the crop has been produced directly from UK, EC, third country or overseas tested officially certified basic or C1 seed of a listed variety, or, with the breeder's written authority, from UK, EC or overseas tested officially certified pre-basic seed of a listed variety; and

        (ii) is satisfied 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 C2 seed;

      (d) in the case of an application to re-grade a crop as a crop to produce C3 seed - 

        (i) is satisfied that the crop has been produced directly from UK, EC, third country or overseas tested officially certified basic or C1 seed of a listed variety, UK, EC or overseas tested officially certified C2 seed of a listed variety, or, with the breeder's written authority, from UK, EC or overseas tested officially certified pre-basic seed of a listed variety; and

        (ii) is satisfied 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 C3 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)(iii), (b)(ii), (c)(ii) or (d)(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) for the relevant category of seed 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;

      (c) in the case of black mustard, brown mustard, sunflower, swede rape, turnip rape, and white mustard, CS seed;

      (d) in the case of flax, linseed and soya bean, C1 seed;

      (e) in the case of flax, linseed and soya bean, C2 seed; and

      (f) in the case of flax, C3 seed.

    Seed testing
             11.  - (1) Subject to paragraphs (2), (3) and (4), an application may be made to a licensed seed testing station by a registered person for the testing of an official sample of a qualifying seed lot of - 

        (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 may be considered by the Secretary of State instead of a licensed seed testing station.

        (4) If permitted by the Secretary of State, an application made under this regulation may be made to her instead of a licensed seed testing station.

        (5) 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.

        (6) Following the receipt of an application made under this regulation the licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies) shall, subject to paragraph (7), test seed taken from the official sample provided under paragraph (5)(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 (14) applies.

        (7) Where a seed test report has previously been issued by a licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies) in accordance with paragraph (8)(a), (9), (10), (11) or (12) in respect of a seed lot, the licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies) may decide not to test any further official sample of that seed lot for the purposes of paragraph (6) if the information contained in the previously issued report contains sufficient information to enable it (or 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 (14) applies.

        (8) Subject to paragraph (13), 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 other category of seed to which paragraph (14) applies, or

      (b) the provisions of paragraph (7) apply,

    the licensed seed testing station (or the Secretary of State where paragraph (3) or (4) applies) shall issue a seed test report to the applicant stating (by reference to the relevant category or categories of seed) that the seed lot has been found to meet those conditions.

        (9) Subject to paragraph (13), 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 all the other conditions laid down in Part II of Schedule 4 for the appropriate category of seed, the licensed seed testing station (or the Secretary of State where paragraph (3) or (4) applies), shall issue a seed test report to the applicant containing a statement to that effect.

        (10) 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 (14) applies,

    the licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies), shall, subject to paragraph (13), 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 (14) applies.

        (11) Where, following the issue of an interim seed test report under paragraph (10), the tested seed is found to meet the applicable germination condition for the appropriate category of seed, the licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies), shall, subject to paragraph (13), 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 (14) applies.

        (12) Subject to paragraphs (9) and (10), where an official sample of a seed lot referred to in paragraph (1) is found not to satisfy the applicable germination condition for the appropriate category of seed, the licensed seed testing station (or the Secretary of State in a case where paragraph (3) or (4) applies) shall issue and send to the applicant a seed test report - 

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

      (b) subject to paragraph (13), 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 category of seed to which paragraph (14) applies, stating (by reference to the relevant category) whether the seed has been found to meet the conditions for any such category.

        (13) 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 23 the Secretary of State may - 

      (a) in a case where paragraph (3) or (4) applies, refuse to issue a seed test report in accordance with paragraph (8), (9), (10), (11) or (12)(b), and, in such a case, shall notify the applicant of her decision and the reason for it, or

      (b) in a case where paragraph (3) or (4) does not apply, direct the licensed seed testing station to refuse to issue a seed test report in accordance with those paragraphs and the licensed seed testing station shall comply with that direction and shall notify the applicant of the reason for its refusal to issue the report.

        (14) 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 of flax to the categories of basic, C1, C2 and C3 seed;

      (b) in the case of an application made under this regulation relating to a regulation 11(1)(a) seed lot of linseed or soya bean, to the categories of basic, C1 and C2 seed;

      (c) in the case of an application made under this regulation relating to a regulation 11(1)(a) seed lot of black mustard, brown mustard, sunflower, swede rape, turnip rape or white mustard, other than a hybrid of sunflower, swede rape or turnip rape, to the categories of basic and CS seed;

      (d) in the case of an application made under this regulation relating to a regulation 11(1)(a) seed lot of a component used in the production of a hybrid variety of sunflower, swede rape or turnip rape, to the category of basic seed;

      (e) in the case of an application made under this regulation relating to a regulation 11(1)(b) seed lot of flax to the categories of pre-basic, C1, C2 and C3 seed;

      (f) in the case of an application made under this regulation relating to a regulation 11(1)(b) seed lot of linseed or soya bean, to the categories of pre-basic, C1 and C2 seed;

      (g) in the case of an application made under this regulation relating to a regulation 11(1)(b) seed lot of black mustard, brown mustard, sunflower, swede rape, turnip rape or white mustard, other than a component of a hybrid variety of sunflower, swede rape or turnip rape, to the categories of pre-basic and CS seed;

      (h) in the case of an application made under this regulation relating to a regulation 11(1)(b) seed lot of a component of a hybrid variety of sunflower, swede rape or turnip rape, to the category of pre-basic seed;

      (i) in the case of an application made under this regulation relating to a regulation 11(1)(d) seed lot of flax, to the categories of C2 and C3 seed;

      (j) in the case of an application made under this regulation relating to a regulation 11(1)(d) seed lot of linseed or soya bean, to the category of C2 seed; and

      (k) in the case of an application made under this regulation relating to a regulation 11(1)(e) seed lot of flax, to the category of C3 seed.

        (15) 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(9);

        (ii) regulation 8(10);

        (iii) regulation 8(11) 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(11)(b); or

        (iv) regulation 8(12) 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(12)(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 of crop approval 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 - 

        (i) not finally certified pre-basic, basic, CS, C1, C2 or C3 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, or

        (ii) not finally certified CS or C1 seed harvested in an equivalent third country and for which the Part II.A(3) official certificate 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.

    Lodging of seed test reports
             12.  - (1) A registered person to whom a final seed test report has been sent shall lodge the report with the Secretary of State - 

    		  

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