Statutory Rule 2000 No. 53

      Cereal Seeds (Amendment) Regulations (Northern Ireland) 2000


      © Crown Copyright 2000

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STATUTORY RULES OF NORTHERN IRELAND


2000 No. 53

SEEDS

Cereal Seeds (Amendment) Regulations (Northern Ireland) 2000

  Made 3rd March 2000 
  Coming into operation 10th April 2000 

The Department of Agriculture and Rural Development in exercise of the powers conferred on it by sections 1(1), (2A)[1] and 2[2] of the Seeds Act (Northern Ireland) 1965[3] and of every other power enabling it in that behalf, after consultation with representatives of such interests as appear to it to be concerned, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Cereal Seeds (Amendment) Regulations (Northern Ireland) 2000 and shall come into operation on 10th April 2000.

Interpretation
    
2. In these Regulations "the principal Regulations" means the Cereal Seeds Regulations (Northern Ireland) 1994[4].

Amendment of the Cereal Seeds Regulations (Northern Ireland) 1994
     3.  - (1) The principal Regulations shall be amended in accordance with the provisions of this regulation.

    (2) In regulation 3(1), after the definition of "the Act" there shall be inserted - 

      " "breeder" - 

      (a) in relation to a variety which has not been entered in the 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 which has been so entered, means the maintainer of the variety;

      "breeder's confirmation" means a document issued by the Department in accordance with Schedule 2A containing in respect of the seed to which it relates the particulars specified in Schedule 3A;".

    (3) In regulation 3(2) - 

    (a) in the definition of "Uncertified Pre-basic Seed" in paragraph (a) for the words - 

      " in the United Kingdom by or under the responsibility of the maintainer"

    there shall be substituted the words - 

      " by or under the responsibility of the breeder";

    (b) in the definition of "Breeder's Seed" - 

      (i) in paragraph (a) for the words  - 

      " by or under the responsibility of the maintainer carrying out in the United Kingdom the duties of a maintainer for the time being set out in regulation 19 of the Seeds (National Lists of Varieties) Regulations 1982"

    there shall be substituted the words - 

      " by or under the responsibility of the breeder"; and

      (ii) for paragraph (c) there shall be substituted - 

      " (c) satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which - 

        (i) an official certificate has been issued in accordance with Schedule 2; or

        (ii) a breeder's confirmation has been issued in accordance with Schedule 2A;";

    (c) for the definition of "Pre-basic Seed" there shall be substituted - 

      " "Pre-basic Seed" means seeds of a generation earlier than that of Basic Seed - 

      (a) which have been produced by or under the responsibility of the breeder,

      (b) which - 

        (i) as respects seeds of maize, have been produced from Uncertified Pre-basic Seed, or from Pre-basic Seed, and are intended for the production of Pre-basic Seed, Basic Seed or, with the written authority of the breeder, Certified Seed, or

        (ii) as respects seeds of oats, barley, wheat, durum wheat, spelt wheat, triticale or rye, have been produced - 

            " (aa) from Breeder's Seed, and are intended to be used for the production of Pre-basic Seed or Basic Seed, or with the written authority of the breeder and the Department, Certified Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation, or

            (bb) from Pre-basic Seed, and are intended to be used for the production of Pre-basic Seed, Basic Seed or, with the written authority of the breeder, Certified Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation, and

        (c) which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which - 

          (i) an official certificate has been issued in accordance with Schedule 2; or

          (ii) a breeder's confirmation has been issued in accordance with Schedule 2A;";

      (d) in the definition of "Basic Seed" - 

        (i) for the word "maintainer" each time it occurs there shall be substituted the word "breeder"; and

        (ii) for sub-paragraph (a)(iii) there shall be substituted - 

          " (iii) satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which - 

            (aa) an official certificate has been issued in accordance with Schedule 2; or

            (bb) a breeder's confirmation has been issued in accordance with Schedule 2A;";

        (iii) for sub-paragraph (b)(ii) there shall be substituted - 

          " (ii) satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which - 

            (aa) an official certificate has been issued in accordance with Schedule 2; or

            (bb) a breeder's confirmation has been issued in accordance with Schedule 2A;";

        (iv) for sub-paragraph (c)(iii) there shall be substituted - 

          " (iii) satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which - 

            (aa) an official certificate has been issued in accordance with Schedule 2; or

            (bb) a breeder's confirmation has been issued in accordance with Schedule 2A;";

        (v) for paragraph (d) there shall be substituted - 

        " (d) seeds of inbred lines of maize, which have been produced from Uncertified Pre-basic Seed or Pre-basic Seed and which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which - 

          (i) an official certificate has been issued in accordance with Schedule 2; or

          (ii) a breeder's confirmation has been issued in accordance with Schedule 2A;";

        (vi) for sub-paragraph (e)(iii) there shall be substituted - 

          " (iii) satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which - 

            (aa) an official certificate has been issued in accordance with Schedule 2; or

            (bb) a breeder's confirmation has been issued in accordance with Schedule 2A;";

      (e) in the definition of "Certified Seed" for the word "maintainer" each time it occurs there shall be substituted the word "breeder";

      (f) in the definition of "Certified Seed of the First Generation" for the word "maintainer" each time it occurs there shall be substituted the word "breeder"; and

      (g) in the definition of "Certified Seed of the Second Generation" for the word "maintainer" each time it occurs there shall be substituted the word "breeder"."

    (4) In regulation 3(4) for the word "maintainer" each time it occurs there shall be substituted the word "breeder".

    (5) In regulation 5(1)(a) (marketing of seeds) after the words "or Certified Seed of the Second Generation" there shall be inserted the words "in respect of which an official certificate has been issued".

    (6) In regulation 6 (official certificates) - 

    (a) for paragraph (1)(a) there shall be substituted - 

      " (a) shall be made in writing to the Department in such form and manner, and shall include such information, records, illustrations, material and seeds, as the Department may require; and"; and

    (b) after paragraph (4) there shall be added - 

        " (5) A breeder may apply to the Department for the issue of an official certificate in place of a breeder's confirmation once the seed of that variety may be marketed in accordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982[5].

        (6) An application under paragraph (5) - 

      (a) shall be made in writing to the Department in such form and manner, and shall be accompanied by such documents, as the Department may require; and

      (b) shall be made not later than the fifteenth day of March of the second year following the year of harvest of the crop from which the seed lot is obtained or within such other time as the Department may allow.

        (7) The Department shall issue an official certificate in the circumstances described in paragraph (5) provided it is satisfied that - 

      (a) the seed is the seed in respect of which the breeder's confirmation was issued;

      (b) the breeder's confirmation has not been withdrawn pursuant to regulation 6A(3); and

      (c) there is no reason why the breeder's confirmation should be withdrawn pursuant to regulation 6A(3).

        (8) Schedule 2 shall not apply to an application for an official certificate made under paragraph (5).

        (9) Where an official certificate is issued under paragraph (7) in respect of any seed, a person shall not market the seed unless it has been re-labelled with a label which complies with regulation 9.".

    (7) After regulation 6 (official certificates) there shall be inserted - 

    (8) After regulation 8 (sealing of packages) there shall be inserted - 

    (9) After regulation 9(1) (labelling of packages) there shall be inserted - 

    (10) After regulation 9 (labelling of packages) there shall be inserted - 

    (11) After Schedule 2 (official certificates) there shall be inserted - 



    (12) After Schedule 3 (particulars to be specified in an official certificate) there shall be inserted - 



    (13) For Schedule 4, Part I, paragraph 2 (varietal identity and varietal purity) there shall be substituted - 

Transitional provisions
    
4.  - (1) Where the Department is satisfied in relation to a seed lot that - 

it shall disregard the absence of such certificate or confirmation in deciding whether to issue an official certificate in respect of that seed lot.

    (2) Where the Department is satisfied in relation to a seed lot that - 

it shall disregard the absence of such confirmation in deciding whether to issue a breeder's confirmation in respect of that seed lot.

    (3) Paragraph 2(a) of Schedule 2A to the principal Regulations (registration of seed lots) shall not apply in the case of an application for the issue of a breeder's confirmation in respect of a seed lot produced from a crop or crops sown before the coming into operation of these Regulations, but without prejudice to regulation 6A(1)(a) of the principal Regulations (form of application etc.), the Department shall refuse to issue a breeder's confirmation in respect of that seed lot unless it is satisfied - 



Sealed with the Official Seal of the Department of Agriculture and Rural Development on 3rd March 2000.

L.S.


Liam McKibben
Senior Officer of the Department of Agriculture and Rural Development


EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations amend the Cereal Seeds Regulations (Northern Ireland) 1994 (as amended) to provide for the issue to a breeder of a document called a breeder's confirmation in respect of seed in the categories Breeder's Seed, Pre-basic Seed and Basic Seed prior to the entry of that variety of seed on a United Kingdom National List (regulation 3(2), (3) and (4)).

The Regulations provide that a breeder's confirmation is issued in similar circumstances to an official certificate (regulation 3(7), (11), (12) and (13)). However, seed in respect of which a breeder's confirmation is issued can not be marketed (regulation 3(5)).

The Regulations provide for similar sealing and labelling requirements for seed in respect of which a breeder's confirmation has been issued to those which apply to seed in respect of which an official certificate has been issued (regulation 3(8) and (10)).

The Regulations provide that once a variety has been entered on a National List a breeder's confirmation which is issued in respect of seed of that variety may be exchanged for an official certificate for that seed provided certain conditions are fulfilled. When the official certificate has been issued, the seed may be marketed provided it has been relabelled (regulation 3(6)(b) and (9)).

The Regulations include transitional provisions to provide that seed which would have satisfied the provisions of these Regulations if they had been in operation may be issued with an official certificate or breeder's confirmation, as appropriate (regulation 4).

The Regulations also - 

    (a) revise the items which may be required to accompany an application for an official certificate (regulation 3(6)(a)); and

    (b) remove the requirement that seed in the categories Uncertified Pre-basic Seed and Breeder's Seed shall be produced in the United Kingdom (regulation 3(3)(a) and (b)).


Notes:

[1] As inserted by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch.3back

[2] As amended by 1970 c.20 (N.I.) section 10(2)back

[3] 1965 c. 22 (N.I.)back

[4] S.R. 1994 No. 254 as amended by S.R. 1995 No. 366 and S.R. 1997 No. 240back

[5] S.I. 1982/844, as amended by S.I. 1985/1529, 1989/1314, 1990/1353, 1992/1615 and 1998/2726back



ISBN 0 337 93693 5


 


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Prepared 9 March 2000