The Cereal Seeds Regulations 1993

Type Statutory-Instrument
Publication 1993-08-02
State In force
Department Queen's Printer of Acts of Parliament
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All instruments shall be clean before use. The methods of using these instruments shall be as follows:—

Dynamic Spear Sampler a These samplers may be used in two ways as appropriate to their length. Method 1 (For instruments in which the aperture reaches only to the centre of the sack or small container). The instrument shall be inserted into the sack in an upward direction at an angle of approximately 30° to the horizontal with its aperture downwards until the aperture reaches the centre of the sack or container.The instrument shall be lightly tapped to remove any seed taken in and then rotated to bring the aperture uppermost.It shall be withdrawn immediately with a vibratory or oscillatory motion and at a decreasing speed so that the quantity of seed obtained from successive locations increases progressively from the centre to the side of the sack.Seed passing through the instrument shall be collected in a clean container. Method 2 (For instruments in which the aperture reaches to the far side of a sack of small container). A longer instrument shall be inserted in the manner described in method 1 above until its aperture reaches almost to the far side of the sack or container.It shall be tapped and rotated in the manner described above and then withdrawn at a uniform speed.Seed passing through the instrument shall be collected in a clean container.

Stick Sampler b i Single Chamber Type a The sleeve shall move freely. b The instrument shall be inserted vertically downwards till the aperture reaches the appropriate primary sampling position ensuring that the sleeve covers the aperture as it enters the seed. c The instrument shall be withdrawn sufficiently to uncover the aperture. d The instrument shall be left in position until the primary sample has been collected. e The instrument shall be withdrawn and the contents emptied into a clean container. ii Multi Chamber Type a The apertures shall be closed before insertion. b The instrument shall be inserted diagonally into sacks or vertically into large containers so that all apertures are fully covered. c The apertures shall be opened. d The instrument shall be agitated so that seed enters. e The apertures shall be closed gently to ensure that trapped seed is not broken or damaged. f The instrument shall be withdrawn and if the chambers are full the contents shall be emptied onto a clean surface or into a clean container. g If all the chambers are not full, the contents shall be discarded and procedures a-f shall be repeated.

Cargo Sampler c a The lid shall open and close easily. b The instrument shall be inserted with the lid closed to the appropriate primary sampling position which shall be at least 300 mm below the surface of the seed. c The handle shall be raised sufficiently to open the lid. d The instrument shall be left in position until the primary sample has been collected. e The instrument shall be withdrawn and the contents shall be emptied into a clean container.

Seed Stream Samplers d Such instruments shall be required to take the number of primary samples necessary for the weight of lot being sampled, the primary samples being taken from the lot at regular intervals and the resultant composite sample being of a weight not less than that prescribed in Part II below and not greater than can conveniently be reduced by means of one of the methods of sample reduction described in paragraph 14 below. They shall be installed in such a way that the composite sample shall be readily identifiable with the seed lot from which it was taken.

Obtaining submitted sample-composite sample division instruments

13

Provided the composite sample is of at least the minimum weight prescribed in Part II below for a submitted sample for a particular kind of seed, it may be used as the submitted sample. Where the composite sample exceeds the weight prescribed for the submitted sample, any of the following instruments may be used to obtain the submitted sample. Other instruments and methods may be used at the discretion of the Minister.

Riffle Divider a The riffle divider shall consist of a rectangular hopper leading to a series of evenly spaced chutes, arranged so that seed is distributed equally on two sides.There shall be a minimum of 18 chutes, each discharging in the opposite direction to its immediate neighbour. Three (or more) metal collecting vessels (pans) of sufficient depth to prevent seed bouncing out shall be used.

Centrifugal Divider b The centrifugal divider shall consist of a hopper from which seed flows on to a shallow cup which is then rotated by an electric motor.The seed shall be distributed by centrifugal force onto a stationery baffle which divides it into two equal parts which are then discharged through separate spouts. Four metal collecting vessels (pans) of sufficient depth to prevent seed bouncing out shall be used.

Methods of Use

14

The method of using these instruments shall be as follows:—

Riffle Divider a a The divider shall be placed on a firm level surface. b The divider and pans shall be clean.

Sample Mixing c An empty pan shall be placed on each side of the divider to receive the discharge from the chutes. d The entire composite sample shall be poured evenly into the other pan(s). e The seed shall then be poured from the pan(s) evenly along the entire length of the hopper. f The two pans into which the seed has passed shall then be replaced with empty pans. g Procedures e and f shall then be repeated twice to mix the sample thoroughly.

Sample Reduction h Before reduction, the composite samples shall have been thoroughly mixed using procedures c-g.The contents of one of the two receiving pans shall then be set aside.If the seed in the second pan is of at least the minimum weight prescribed in Part II below for a submitted sample of a particular kind of seed, it may be used as the submitted sample.If the weight of seed in the second pan is greater than the appropriate minimum weight prescribed in Part II below for a submitted sample, it may be reduced using the following procedures i-k. i An empty pan shall be placed on each side of the divider to receive the discharge from the chutes. j The contents of the second pan shall be poured evenly along the entire length of the hopper. k The contents of one of the two pans into which the seed has passed shall then be set aside. If the weight of seed in the other pan is still greater than the appropriate minimum weight prescribed in Part II below for the submitted sample, it may be submitted intact or it may be reduced further using procedures i-k. l If the weight of seed in either of the two pans at either h or k is less than the appropriate minimum weight prescribed in Part II below for a submitted sample, the following procedures m-q shall be used. m An empty pan shall be placed on each side of the divider to receive the discharge from the chutes. n The contents of one of the pans shall be set aside.The contents of the other pan shall be poured evenly along the entire length of the hopper. o One receiving pan and its contents shall then be removed and replaced with an empty pan. The other pan, with its contents, shall be left in place. p The contents of the pan removed at o. shall be poured evenly along the entire length of the hopper so that two subsamples of different weight shall be produced. q Procedures o and p above when repeated, constitute the process of continuous halving, and shall be repeated using whichever subsample is appropriate until sufficient seed is obtained in one pan, which when added to the seed set aside in n produces a submitted sample of at least the appropriate minimum weight prescribed in Part II below.

Obtaining more than one submitted sample r Two submitted samples shall be obtained from a composite sample by first obtaining a sample of at least twice the appropriate minimum weight prescribed in Part II below for a submitted sample, using procedures c-g, and h-q as appropriate, and then dividing in into two parts by passing it once through the divider. s When three submitted samples are required from one composite sample, one sample of at least the appropriate minimum weight prescribed in Part II below for a submitted sample, shall be extracted using procedures c-g and h-q as appropriate. All portions of seed which have been set aside shall then be recombined and the residue of the composite sample so obtained shall be subject to the procedure at r above.

Centrifugal Divider b a The divider shall be levelled prior to use. b The divider and pans shall be clean.

Sample Mixing c An empty pan shall be placed under each spout of the divider. d The entire composite sample shall be poured into the centre of the hopper. e The motor shall be operated so that the seed passes into the pans. f The motor shall be switched off. g The two pans containing seed shall be removed and replaced by empty ones. h The contents of both pans removed at g shall be poured together into the centre of the hopper, the seed being allowed to blend as it flows in. Procedures e, f and g shall be repeated. i Procedure h shall be repeated to mix the sample thoroughly.

Sample Reduction j Before reduction, the composite sample shall have been thoroughly mixed using procedures c-i.The contents of one of the two receiving pans shall be set aside.If the seed in the second pan is of at least the minimum weight prescribed in Part II below for a submitted sample of a particular kind of seed, it may be used as the submitted sample.If the weight of seed in the second pan is greater than the appropiate minimum weight prescribed in Part II below for a submitted sample, it may be reduced using the following procedures (k-m). k Empty pans shall be placed under the spouts. l The contents of the second pan shall be poured into the hopper and procedures e and f shall be repeated. m The contents of one of the two pans into which the seed has passed shall then be set aside. If the weight of seed in the other pan is still greater than the appropriate minimum weight prescribed in Part II below for a submitted sample, it may be submitted intact or it may be reduced further using procedures k-m. n If the weight of seed in either of the two pans at either j or m is less than the appropriate minimum weight prescribed in Part II below for a submitted sample, the following procedures (o-s) shall be used. o Empty pans shall be placed under the spouts. p The contents of one of the pans shall be set aside. The contents of the other pan shall be poured into the centre of the hopper and procedures e and f shall be repeated. q One receiving pan and its contents shall then be removed and replaced with an empty pan.The other pan, with its contents, shall be left in place. r The contents of the pan removed at q shall be poured into the centre of the hopper and procedures e and f shall be repeated so that two subsamples of different weight shall be produced. s Procedures q and r above, when repeated, constitute the process of continuous halving, and shall be repeated using whichever subsample is appropriate until sufficient seed is obtained in one pan, which when added to the seed set aside at p produces a submitted sample of at least the appropriate minimum weight prescribed in Part II below.

Obtaining more than one submitted sample t Two submitted samples shall be obtained from a composite sample by first obtaining a sample of at least twice the appropriate minimum weight prescribed in Part II below for a submitted sample, using procedures c-i and j-s as appropriate, and then dividing it into two parts by passing it once through the divider. u When three submitted samples are required from one composite sample, one sample, of at least the appropriate minimum weight prescribed in Part II below for a submitted sample, shall be extracted using procedures c-i and j-s as appropriate.All portions of seed which have been set aside shall then be recombined and the residue of the composite sample so obtained shall be subject to procedure t above.

Moisture Samples

15

Primary samples of seed for moisture tests shall be drawn in such a way as to minimise exposure to the atmosphere.The composite sample so collected shall be submitted intact to the seed testing station in an airtight container.It shall not be passed through a seed divider.Seed for moisture tests shall be kept separate from seed on which other determinations are to be made.

PART II

Maximum weight of a seed lot and minimum weight of a submitted sample

The maximum weight of a seed lot (or a weight which does not exceed that indicated by more than 5 per cent) and the minimum weight of a submitted sample shall be as indicated below:—

  • (a) The maximum weight of a seed lot shall be 40 tonnes for maize and 25 tonnes for other kinds. The maximum weight of a seed lot of a mixture of seeds to which regulation 5(2)(a) and (b) applies shall be 25 tonnes.
  • (b) The minimum weight of a submitted sample shall be 1 kg or, for inbred lines of maize, 250 g.
  • (c) The minimum weight of a submitted sample for a moisture test shall be 100 g.

SCHEDULE 6 — FOR THE PURPOSES OF THESE REGULATIONS THE PARTICULARS PRESCRIBED IN THIS SCHEDULE AS TO THE KIND AND VARIETY OF SEED SHALL BE INDICATED ON THE LABEL IN ROMAN CHARACTERS. THE KIND OF SEED SHALL BE DESIGNATED BY ITS LATIN NAME, AS PRESCRIBED IN SCHEDULE 1

PART I

OFFICIAL LABEL FOR A PACKAGE OF BREEDER'S SEED

A

  • (a) Prescribed contents
  • (1) Certifying Authority.
  • (2) Reference number.
  • (3) Month and year when officially sealed.
  • (4) Kind.
  • (5) Variety.
  • (6) “Breeder’s Seed”.
  • (7) Declared net or gross weight or declared number of seeds.
  • (8) Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used the nature of the additive and the approximate ratio between the weight of pure seed and the total weight.
  • (b) Minimum size of label—110 mmx67 mm.
  • (c) The label shall be coloured violet.

OFFICIAL LABEL FOR A PACKAGE OF PRE-BASIC SEED

B

  • (a) Prescribed contents
  • (1) Certifying Authority and Member State or their mark.
  • (2) Reference number of the lot.
  • (3) Kind.
  • (4) Month and year when officially sealed.
  • (5) Variety, or inbred line of maize.
  • (6) “Pre-basic Seed”.
  • (7) Country of production.
  • (8) Declared net or gross weight or declared number of seeds.
  • (9) Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used the nature of the additive and the approximate ratio between the weight of pure seeds and the total weight.
  • (10) Number of generations preceding seed of the categories “Certified Seed” or “Certified Seed 1st Generation”.
  • (11) For hybrid varieties of maize: “hybrid”.
  • (b) Minimum size of label—110 mmx67 mm.
  • (c) The label shall be coloured white with a diagonal violet line.

OFFICIAL LABEL FOR A PACKAGE OF BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION OR CERTIFIED SEED OF THE SECOND GENERATION

C

  • (a) Prescribed contents
  • (1) “EEC rules and standards”.
  • (2) Certifying Authority and Member State or their mark.
  • (3) Reference number of the lot.
  • (4) Month and year when officially sealed.
  • (5) Kind.
  • (6) Variety, or inbred line of maize.
  • (7) Category.
  • (8) Country of production.
  • (9) Declared net or gross weight or declared number of seeds.
  • (10) Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used the nature of the additive and the approximate ratio between the weight of pure seeds and the total weight.
  • (11) In the case of varieties which are hybrids or inbred lines—
  • (a) for Basic Seed where the hybrid or inbred line to which the seed belongs has been officially accepted on a National List or the Common Catalogue, the name of this component, under which it has been officially accepted, with or without reference to the final variety, accompanied, in the case of hybrids or inbred lines which are intended solely as components for final varieties, by the word “component”;
  • (b) for Basic Seed in other cases, the name of the component to which the Basic Seed belongs, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male of female), and accompanied by the word “component”;
  • (c) for Certified Seed, the name of the variety to which the seed belongs, accom-panied by the word “hybrid”.
  • (b) Minimum size of the label—110 mmx67 mm.
  • (c) The label shall be coloured white for Basic Seed, blue for Certified Seed and Certified Seed of the First Generation and red for Certified Seed of the Second Generation.

OFFICIAL LABEL FOR A PACKAGE OF A MIXTURE OF SEEDS

D

  • (a) Prescribed contents
  • (1) “Mixture of ”
  • (kinds or varieties)
  • (2) Proprietary name if applicable.
  • (3) Service responsible for sealing and Member State or their mark.
  • (4) Reference number of the lot.
  • (5) Month and year when officially sealed.
  • (6) Declared net or gross weight or declared number of seeds.
  • (7) Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used the nature of the additive and the approximate ratio between the weight of pure seeds and the total weight.
  • (8) The words: “passed for marketing in United Kingdom only”.
  • (b) Minimum size of the label—110 mmx67 mm.
  • (c) The label shall be coloured green.

FURTHER PARTICULARS TO BE GIVEN IN RESPECT OF MIXTURES OF SEEDS

E

For each constituent:

  • (1) Kind.
  • (2) Category.
  • (3) Variety, or inbred line of maize.
  • (4) Country of production.
  • (5) Proportion by weight of the mixture.
  • (6) For hybrid varieties of maize: “hybrid”.

OFFICIAL LABEL FOR A PACKAGE OF SEED NOT FINALLY CERTIFIED

F

  • (a) Prescribed contents of the label
  • (1) Certifying authority.
  • (2) Kind.
  • (3) Variety.(In the case of varieties (inbred lines, hybrids), which are intended solely as components for hybrid varieties, the word “component” shall be added.)
  • (4) Category. (In the case of hybrid varieties the word “hybrid” shall be added.)
  • (5) Crop Identity Number.
  • (6) Declared net or gross weight (Tonnes).
  • (7) The words “seed not finally certified”.

PART II

SUPPLIER'S LABEL FOR A PACKAGE OF UNCERTIFIED PRE-BASIC SEED

A

  • (a) Prescribed contents
  • (1) Name and address of the supplier responsible for affixing the labels or his identification mark.
  • (2) Reference number of the lot.
  • (3) “Maize”.
  • (4) Variety, of inbred line of maize.
  • (5) “Uncertified Pre-basic Seed”.
  • (6) Declared net or gross weight or declared number of seeds.
  • (7) For hybrid varieties of maize: “hybrid”.
  • (b) The label shall be coloured buff.

PART III — SMALL PACKAGES

SUPPLIER'S LABEL FOR A SMALL PACKAGE OF SEEDS OTHER THAN A MIXTURE OF SEEDS

A

  • (a) Prescribed contents
  • (1) “EEC rules and standards”.
  • (2) Name and address of the supplier responsible for affixing the label or his identification mark.
  • (3) Reference number of the lot.
  • (4) Kind.
  • (5) Variety, or inbred line of maize.
  • (6) Category.
  • (7) Declared net weight or declared number of seeds.
  • (8) For hybrid varieties of maize: “hybrid”.
  • (9) “Passed for marketing in United Kingdom only”.
  • (b) The label shall be coloured white with a diagonal violet line for Pre-basic Seed, white for Basic Seed, blue for Certified Seed and Certified Seed of the First Generation and red for Certified Seed of the Second Generation.

SUPPLIER'S LABEL FOR A SMALL PACKAGE OF A MIXTURE OF SEEDS

B

  • (a) Prescribed contents
  • (1) “Mixture of ”.

(kinds of varieties)

  • (2) Name and address of person responsible for sealing package or his identification mark.
  • (3) Reference number of the lot.
  • (4) Proprietary name of the mixture or kinds or varieties of the constituents.
  • (5) Declared net weight or declared number of seeds.
  • (6) “Passed for marketing in United Kingdom only”.
  • (b) The label shall be coloured green.

PART IV

PARTICULARS TO BE MARKED OR DISPLAYED ON THE SALE OF UNPACKETED SEEDS OTHER THAN MIXTURES OF SEEDS

A

  • (1) “Complies with legal standards”.
  • (2) Kind.
  • (3) Variety, or inbred line of maize.
  • (4) For hybrid varieties of maize: “hybrid”.

PARTICULARS TO BE MARKED OR DISPLAYED ON THE SALE OF UNPACKETED MIXTURES OF SEEDS

B

  • (1) “Complies with legal standards”.
  • (2) Proprietary name of the mixture or kinds and proportion by weight of the constituents.

PART V — PRINTING OF SPECIFIED MATTERS ON PACKAGES (whole-bag labelling)

Seeds which have not been imported

A

  • (1) The printing or stamping of the packages shall be under the supervision of the Minister.
  • (2) The manner of printing or stamping shall have been approved by the Minister.
  • (3) Each package shall have printed or stamped on it, or be perforated with, an individual serial number allocated by the Minister, which shall appear in the same panel as the particulars of the matters specified in Part I of this Schedule.
  • (4) Arrangements shall be made with the printer for returns to be made to the Minister of the number of packages printed or stamped pursuant to regulation 9(5) and of the individual serial numbers of such packages.
  • (5) The reference number of the seed lot and the month and year in which the package was officially sealed shall be printed or stamped under the supervision of the Minister at the time of sampling for official examination.
  • (6) There shall be kept such records of seed packaged and marketed pursuant to regulation 9(5) as may be required by the Minister.
  • (7) Each package of seed marketed in accordance with regulation 5(5) shall be capable of having affixed to it, in a manner approved by the Minister, a supplier’s label containing a statement pursuant to regulation 9(3).

Seeds imported from another Member State

B

Such requirements of the Member State from which the seeds have been imported as correspond to the requirements specified in this Part for seeds which have not been imported shall, in the opinion of the Minister, have been satisfied.

SCHEDULE 7 — LIMITS OF VARIATION

Minimum percentage of Germination Limit of variation
per cent per cent
99-100 2
97-98 3
94-96 4
91-93 5
87-90 6
82-86 7
76-81 8
69-75 9
65-68 10
Minimum percentage of Analytical Purity Limit of variation
--- ---
per cent per cent
99.9-100 0.2
99.8 0.3
99.6-99.7 0.4
99.3-99.5 0.5
99.0-99.2 0.6
98.5-98.9 0.7
98.3-98.4 0.8
97.5-98.2 0.9
97.0-97.4 1.0
96.5-96.9 1.1
95.5-96.4 1.2
95.0-95.4 1.3
>Maximum number of seeds number Limit of variation number
--- ---
0 1
1 3
2 4
3 and 4 5
5 and 6 6
7 and 8 7
9 to 11 8
12 to 14 9
15 to 17 10
18 to 20 11

Signed

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

Gillian Shephard — Minister of Agriculture, Fisheries and Food — 30th July 1993.

Hector Monro — Parliamentary Under Secretary of State, Scottish Office — 2nd August 1993

John Redwood — Secretary of State for Wales — 29th July 1993

Explanatory note

(This note is not part of the Regulations)

These Regulations consolidate, with amendments, the provisions of the Cereal Seeds Regulations 1985, as amended.

The Regulations which come into force on 1st September 1993, continue to restrict the marketing in Great Britain of cereal seeds to specified categories meeting prescribed standards (regulations 3(3), 5(1) and Schedule 4), to require such seeds to be sold in sealed packages labelled or marked with prescribed particulars (regulations 8 and 9 and Schedule 6) and to make tampering with labels prescribed by regulations an offence (regulation 9(14)). The Regulations also continue to make provision for the taking of samples for the verification of standards (regulation 7 and Schedule 5) and provide that certain particulars stated or implied on a package of seeds are deemed to constitute a statutory warranty by the seller for the protection of the purchaser for the purpose of section 17 of the Plant Varieties and Seeds Act 1964 (regulation 10(1)).

The consolidation incorporates a provision required under Council Directive 88/380/EEC (OJ No. L187, 16.7.88, p. 31), and previously dealt with by a General Licence under Regulation 5(3)(d) of the 1985 Regulations. This relates to the marketing to other Member States of seed in respect of which an official certificate has not been issued (regulation 5(14) and Schedule 6 Part IF).

It also makes provision as required under Commission Directive 93/2/EEC (OJ No. L54, 5.3.93, p. 20) and previously dealt with by General Licence under regulation 5(3)(a) and (b) of the 1985 Regulations for the marketing of oats varieties which are officially classified as “naked oat” types with a minimum germination of 75% (Schedule 4).

The Regulations implement Council Directive 66/402/EEC (OJ No. L125, 11.7.66, p. 2309/66) (OJ/SE 1965-66, p. 143) on the marketing of cereal seed as amended.

Footnotes

[^f00001]: 1964 c. 14; section 16 was amended by the European Communities Act 1972 (c. 68), section 4(1) and paragraph 5(1), (2) and (3) of Schedule 4. See section 38(1) for a definition of “the Ministers”.

[^f00002]: In the case of the Secretary of State for Wales by virtue of S.I. 1978/272. See section 38(1) for a definition of ‘the Minister’.

[^f00003]: S.I. 1985/976.

[^f00004]: S.I. 1987/1091.

[^f00005]: S.I. 1989/1311.

[^f00006]: S.I. 1982/844 amended by S.I. 1985/1529, 1989/1314, 1990/1353, 1992/1615.

[^f00007]: S.I. 1993/2009.

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