The Fodder Plant Seeds (Amendment) Regulations 1989

Made: 26th July 1989

Laid before Parliament: 11th August 1989

Coming into force: 1st September 1989

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 16(1), (1A), (2), (3), (4) and (8), 36 and 38(1) of the Plant Varieties and Seeds Act 1964[^f00001] and of all other powers enabling them in that behalf, after consultation in accordance with the said section 16(1) with representatives of such interests as appear to them to be concerned, hereby make the following Regulations:

Title and commencement

1

These Regulations may be cited as the Fodder Plant Seeds (Amendment) Regulations 1989 and shall come into force on 1st September 1989.

Amendment

2

• (1) The Fodder Plant Seeds Regulations 1985[^f00002] shall be amended in accordance with the following provisions of this regulation.

• (2) In regulation 3 (interpretation)–

• (a) in paragraph (3) in the definition of “Commercial Seed”–

• under the heading “Grasses”, the entries “Red top”, “Creeping bent” and “Rough-stalked meadowgrass” shall be deleted;

• under the heading “Legumes”, for the entry “White lupin” there shall be substituted the entry “White Lupin (Bitter varieties)”;

• (b) in paragraph (4) for the words “regulation 5(1)(b), (c) or (d)” there shall be substituted “regulation 5(1)(b), (ii) or (iii)”.

• (3) In regulation 5 (marketing of seeds)–

• (a) for paragraph (1) there shall be substituted the following paragraph–

(1) Subject to the provisions of this regulation, no person shall market any seeds unless they are marketed in seed lots or in parts of seed lots and unless they are– (a) Commercial Seed, or (b) seeds of plant varieties which may, for the time being, be marketed in accordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982 and which are– (i) Breeder’s Seed, Pre-basic Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation, or (ii) seeds which have been produced and packaged in a Member State other than the United Kingdom, which have been labelled appropriately in accordance with the requirements of regulation 9(1), (2), (3), (4), (5), (6) and (8) and which - in the case of a small package of seeds, a small EEC A package of seeds or a small EEC B package of seeds, have been sealed in accordance with the requirements of regulation 8(3), or - in the case of all other seeds, have been officially sealed in a Member State other than the United Kingdom, or (iii) seeds which have been produced elsewhere than in a Member State and which are marketed in accordance with, and subject to, the conditions imposed by a general licence granted by the Ministers under the authority of this paragraph, which licence shall have effect during the period specified in it unless the Ministers earlier revoke it.

• (b) in paragraph (2)(b) after the words “meeting the requirements of the seeds regulations” there shall be inserted the words “(if any)”;

• (c) after paragraph (14) there shall be inserted the following paragraph–

(15) Seeds which have been produced and packaged in a Member State other than the United Kingdom, notwithstanding that they have not been officially certified as Certified Seed in that Member State, may be imported but shall not be marketed in the United Kingdom until they have been officially certified in the United Kingdom.

• (4) In regulation 9 (labelling of packages)–

• (a) in paragraph (2)(b) after the words “official label” there shall be inserted “or included in the particulars printed or stamped on the package in accordance with paragraph (3A) of this regulation”;

• (b) after paragraph (3) there shall be inserted the following paragraph–

(3A) Notwithstanding paragraph (2) above, a package of field beans or field peas (other than a small package) of Basic Seed, Certified Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation may be marketed if– (a) the appropriate particulars of the matters specified in Part I of Schedule 6 are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified, and (b) the requirements of Part IV of that Schedule are satisfied.

• (5) In Schedule 1 (kinds of seeds to which the Regulations apply)–

• (a) in paragraph (A) (Grasses)

• for “Agrostis tenuis Sibth.” there shall be substituted “Agrostis capillaris L.”;

• for the entries under Fodder Grasses there shall be substituted the following entries— Arrhenatherum elatius (L.)Tall oatgrassP. Beauv. ex J. S. et K. B. PreslBromus catharticus Vahl.Rescue grassBromus sitchensis Trin.Alaska brome-grassDactylis glomerata L.CocksfootFestuca arundinacea ShreberTall fescueFestuca pratensis HudsonMeadow fescueLolium multiflorum Lam.Italian ryegrass (including Westerwolds ryegrass)Lolium perenne L.Perennial ryegrassLolium x boucheanum KunthHybrid ryegrassPhleum bertolonii DC.Small timothyPhleum pratense L.Timothy ;

• (b) in paragraph (B) (Legumes) for “Medicago x varia Martyn” there shall be substituted “Medicago x varia T. Martyn;”

• (c) for paragraph (C) there shall be substituted the following paragraph–

• (6) In Schedule 4, Part II (conditions relating to the seeds)–

• (a) for the second table in paragraph 5 there shall be substituted the following table–

• (b) for the first table in paragraph 6 there shall be substituted the following table–

(6) The seeds shall also comply with the following standards where appropriate. Where number standards are indicated a sample of the size indicated in column 2 should be examined.

• (c) for the second table in paragraph 6 there shall be substituted the following table–