S.I. No. 306/2001 - European Communities (Vegetable Seeds) Regulations, 2001

1. the authority issuing the document,

2. the species, indicated least in roman characters, under its botanical name, which may be given in abridged form and without the authorities' names, or under its common name, or both,

3. the variety, indicated at least in roman characters,

4. the category,

5. the reference number of the seed used to sow the field and the name of the country or countries which certified that seed,

6. the field or lot reference number,

7. the area cultivated for the production of the lot covered by the document,

8. the quantity of seed harvested and the number of packages,

9. the attestation that the conditions to be satisfied by the crop from which the seed comes have been fulfilled,

10. where appropriate, the results of a preliminary seed analysis.

GIVEN under my Official Seal,

this 29th day of June 2001

Joe Walsh

Minister for Agriculture, Food and Rural Development

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

.

The Regulations -

(1) consolidate existing Regulations made under the

European Communities Act, 1972

, relating to such seeds

(2) provide a framework to introduce detailed rules in respect of genetically modified plant varieties and plant genetic resources.

(1)

OJ No. L225/7, 12 October, 1970

(2)

OJ No. L87/24, 17 April, 1971

(3)

OJ No. L171/37, 29 July, 1972

(4)

OJ No. L287/22, 26 December, 1972

(5)

OJ No. Special Edition p. 14, 27 March, 1972

(6)

OJ No. L2/1, 1 January, 1973

(7)

OJ No. L356/79, 27 December, 1973

(8)

OJ No. L72/16, 18 March, 1976

(9)

OJ No. L16/23, 20 January, 1978

(10)

OJ No. L236/13, 26 August, 1978

(11)

OJ No. L183/13, 19 July, 1979

(12)

OJ No. L205/1, 13 August, 1979

(13)

OJ No. L293/16, 20 November, 1979

(14)

OJ No. L341/27, 16 December, 1980

(15)

OJ No. L49/39, 18 February, 1987

(16)

OJ No. L273/47, 26 September, 1987

(17)

OJ No. L187/31, 16 July, 1988

(18)

OJ No. L8/9, 11 January, 1989

(19)

OJ No. L76/21, 26 March, 1996

(20)

OJ No. L304/10, 27 November, 1996

(21)

OJ No. L25/1, 1 February, 1999

(1)

OJ No. L225/7, 12 October, 1970

(2)

OJ No. L87/24, 17 April, 1971

(3)

OJ No. L171/37, 29 July, 1972

(4)

OJ No. L287/22, 26 December, 1972

(5)

OJ No. Special Edition p. 14, 27 March, 1972

(6)

OJ No. L2/1, 1 January, 1973

(7)

OJ No. L356/79, 27 December, 1973

(8)

OJ No. L72/16, 18 March, 1976

(9)

OJ No. L16/23, 20 January, 1978

(10)

OJ No. L236/13, 26 August, 1978

(11)

OJ No. L183/13, 19 July, 1979

(12)

OJ No. L205/1, 13 August, 1979

(13)

OJ No. L293/16, 20 November, 1979

(1)

OJ No. L341/27, 16 December, 1980

(2)

OJ No. L49/39, 18 February, 1987

(3)

OJ No. L273/45, 26 September, 1987

(4)

OJ No. L187/31, 16 July, 1988

(5)

OJ No. L8/9, 11 January, 1989

(6)

OJ No. L76/21, 26 March, 1996

(7)

OJ No. L304/10, 27 November, 1996

(1)

OJ No. L225/7, 12 October, 1970

(1)

OJ No. L117/15, 8 May, 1990

(2)

OJ No. L225/7, 12 October 1990

(1)

OJ No. L43/1, 14 February, 1997

(2)

OJ No. L225/7, 12 October, 1990

(2)

OJ No. L225/7, 12 October, 1990

(2)

OJ No. L225/7, 12 October, 1990

(1)

OJ No. L225/7, 12 October, 1970

(1)

OJ No. L225/7, 12 October, 1970

(1)

OJ No. L225/7, 12 October, 1970

(1)

OJ No. L225/7, 12 October, 1970

(1)

OJ No. L225/7, 12 October, 1970

(1)

OJ No. L225/7, 12 October, 1970

(1)

OJ No. L225/7, 12 October, 1970

11. In the case of varieties which are hybrids or inbred lines

(i) for basic seed where the hybrid or inbred line to which the seed belongs has been officially accepted under this Directive

the name of the 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.

(ii) 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 or female), and accompanied by the word component.

(iii) for certified seed

the name of the variety to which the seed belongs, accompanied by the word hybrid.

12. Where at least germination has been retested, the words “retested...” (month and year) may be indicated

(b) minimum dimensions: 110 × 67 mm.

B. Supplier's label or inscription on the package (standard seed and small packages of the category ‘certified seed’)

(a) Required information

13. The Minister may prohibit the marketing in all or part of the State of a variety of seed of vegetables registered in the Common Catalogue if, in his opinion, the cultivation of that variety may be harmful, from the point of view of plant health, to the cultivation of other varieties or species of plants.

Sampling

14. (1) In the official examination of vegetable seed for certification or for post-control testing, samples shall be officially drawn both from sufficiently homogeneous lots and in accordance with the International Rules for Seed Testing published by the International Seed Testing Association and the maximum weight of a lot of seed and the minimum weight of a sample shall be as laid down in Annex III.

(2) Where an authorised officer takes a sample of seed pursuant to these Regulations, the provisions of paragraph (1) of this Regulation shall apply as regards the minimum weight of the sample and the sample shall be drawn in accordance with the Rules mentioned in that paragraph.

Vegetable seed marketed in small quantities to the final consumer.

15. Notwithstanding the non-compliance with a requirement of these Regulations as to packaging, closing or marketing, vegetable seed may be marketed at the retail stage to the final consumer in quantities not exceeding 5 kg if, but only if, the seed is taken, in the presence of the purchaser, from the package in which it was packed under official supervision and such package is, when the seed is taken from it, marked in accordance with these Regulations.

Registration etc.

16. (1) The Minister shall, in accordance with the provisions of these Regulations, set up and maintain a register to be known as the Register of Vegetable Seed Processors, Importers and Packers (in these Regulations referred to as “the register”).

(2) On and from the 1st day of April, 1981 a person shall not carry on the business of a seed processor, a seed importer, or a seed packer, unless he is registered in the register as such.

(3) There shall be entered in the register the following particulars, namely

(a) the full name, address and description of the person registered therein.

(b) in case a person is registered therein as a deed processor, or a seed packer, a description of the premises in which such person carries on the business of seed processing or seed packing which description shall be sufficient to identify those premises and the limits and extent thereof and also the place where the relevant vegetable seed is stored and

(4) Any change in the name or address or a person registered in the register shall be notified by him to the Minister.

(5) On the application, in such form and containing such particulars as the Minister may direct, by or on behalf of a person who proposes to carry on the business of a seed processor, seed importer or a seed packer, the Minister may register the person in the register as such.

(6) Before the Minister registers any person under paragraph(5) of this Regulation the Minister shall be satisfied that there are available to the person such premises and facilities as are adequate to enable the person to carry on the business to which the application relates.

(7) Whenever the Minister proposes to refuse an application for registration in the register he shall, before doing so, notify in writing the applicant for registration of his intention and of the reasons therefore, and, if any representations are made to the Minister by the applicant within seven days after the giving of the notification, the Minister shall consider them.

(8) In this Regulation -

“seed importer” means a person who imports vegetable seed in any quantity exceeding 2 kg. and “importer” shall be construed accordingly;

“seed packer” means a person who packs seed into small packages;

“seed processor” means a person who assembles, dries, cleans, treats, mixes or otherwise processes (apart from measuring) vegetable seed which is intended for sale and “seed processing” and “seed process” shall be construed accordingly.

17. (1) Any person who carries on the business of processing, packing or marketing vegetable seed (including the importation and storage of such seed) shall

(a) keep records of his transactions in such seed,

(b) produce at the request of an authorised officer any such records or any books, documents or other records relating to the said business which are in the possession or under the control of such person,

(c) permit any such officer to inspect and take extracts from such books, documents or records and give to the officer any information which he may reasonably require in relation to any entries therein,

(d) afford to any such officer reasonable facilities for inspecting the stock of any such seed on any premises on which such person carries on such a business,

(e) give to an authorised officer any information he or she may reasonably require in relation to such transactions including in particular information which he or she may reasonably require regarding any vegetable seed specified by him or her, whether imported from other Member States or from third countries.

(2) A person who imports (whether from another Member State or from a third country) a quantity of vegetable seed exceeding 2 kg. shall, at the time of importation, furnish to the Minister in writing the following particulars regarding the seed, namely, the species, variety, category, country of production, name of the relevant official authority, country of dispatch, importer and quantity of the seed.

(3) A person responsible for affixing the labels for standard seed intended for marketing shall,

(a) inform the Minister of the dates when his said responsibility begins and ends,

(b) keep records of all lots of standard seed and make them available for examination by or on behalf of the Minister for a period of not less than three years,

(c) draw samples from each lot of such seed which is intended for marketing and make them available for examination by or on behalf of the Minister for a period of not less than two years,

and in case the person is the producer of standard seed, he shall, in addition to complying with the foregoing provisions of this Regulation, make available to the Minister for a period of not less than two years control samples described in Article 37(1) of the directive.

Powers of authorised officer.

18. (1) In addition to the powers conferred by Regulation 17 of these Regulations an authorised officer may at any reasonable time enter and inspect any premises in which he has reasonable grounds for believing that the business of processing, packing, mixing or marketing or of importing or exporting vegetable seed is carried on or any other premises in which he so believes such seed to be kept, being seed which he so believes to have been landed or otherwise brought into the State, or any railway wagon, vehicle, ship, vessel or aircraft in which he so believes such seed to be kept, and any such officer may examine the stock and take samples of any vegetable seed which he finds in the course of his inspection.

(2) Where a sample is taken pursuant to this Regulation, the authorised officer concerned shall:-

(a) notify forthwith the appropriate person that the sample is so taken, and

(b) if so required by the appropriate person at the time of the giving of the notification, take a second sample, which shall be like the sample already so taken, and mark and leave it with the appropriate person.

and in case a second sample is left pursuant to a requirement under this Regulation, the person making the requirement may cause the sample to be tested, examined or analysed.

(3) Any person who obstructs or interferes with an authorised officer in the course of exercising a power conferred on him under this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200.

(4) The Minister shall furnish an authorised officer with a certificate of his appointment and, when exercising any powers conferred by these Regulations, the officer shall, if requested by any person affected, produce the certificate to that person.

(5) In this Regulation -

“the appropriate person” means,

(a) in relation to premises, any person who appears to an authorised officer to be, for the time being, in charge of the premises,

(b) in relation to a railway wagon, vehicle, ship, vessel or aircraft the owner thereof or person who is, for the time being, in charge thereof or the agent of such owner.

Minister may require certain seed to be disposed of.

19. (1) Where a sample of seed is taken pursuant to these Regulations by an authorised officer and is found on official examination not to comply with a requirement of these Regulations, the Minister may require that the seed shall be destroyed or otherwise disposed of in such manner as the Minister shall determine.

(2) In case the Minister makes a requirement under this Regulation the following provisions shall apply.

(a) he shall inform in writing of the requirement the person who is in possession or control of the seed to which the requirement relates.

(b) where such person is so informed, pending the disposal of such seed in accordance with the requirement, the seed shall be moved only with the consent of an authorised officer, and

(c) such person shall dispose of the seed, or cause or permit it to be disposed of, only in accordance with the requirement.

Prosecution of Offences

20. An Offence under these Regulations may be prosecuted by the Minister.

Penalty

21. A person who contravenes these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £400 or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

Saver

22. Nothing in these Regulations shall be construed as affecting a provision of any statute, whether passed before or after the making of these Regulations, which is a provision for the protection of human life or health, animal life or health, plant life or health, or industrial or commercial property.

Revocation

23. The following Regulations are hereby revoked:-

(i) The European Communities (Vegetable Seeds) Regulations 1981 (

S.I. No. 73 of 1981

)

(ii) European Communities (Vegetable Seeds) (Amendment) Regulations, 1985 (

S.I. No. 349 of 1985

)

(iii) European Communities (Vegetable Seeds) (Amendment) Regulations, 1991 (

S.I. No. 107 of 1991

)

(iv) European Communities (Vegetable Seeds) (Amendment) Regulations, 1997 (

S.I. No. 56 of 1997

).

SCHEDULE

ANNEX I

CONDITIONS FOR CROP CERTIFICATION

I, Joe Walsh, Minister for Agriculture, Food and Rural Development in exercise of the powers conferred on me by

Section 3

of the

European Communities Act, 1972

(No. 27 of 1972), for the purpose of giving effect to Council Directive No. 70/458/EEC of 29 September, 1970

(1)

, as amended by Council Directive No. 71/162/EEC of 30 March, 1971

(2)

, Council Directive No. 72/274/EEC of 20 July, 1972

(3)

, Council Directive No. 72/418/EEC of 6 December, 1972

(4)

, Act of Accession

(5)

, Council Decision of 1 January, 1973

(6)

, Council Directive No. 73/438/EEC of 11 December, 1973

(7)

, Council Directive No. 76/307/EEC of 15 March, 1976

(8)

, Council Directive No. 78/55/EEC of 19 December, 1977

(9)

, Council Directive No. 78/692/EEC of 25 July, 1978

(10)

, Commission Directive No. 79/641/EEC of 27 June, 1979

(11)

, Council Directive No. 79/692/EEC of 24 July, 1979

(12)

, Council Directive No. 79/967/EEC of 12 November, 1979

(13)

, Council Directive No. 80/1141/EEC of 8 December, 1980

(14)

, Commission Directive No. 87/120/EEC of 14 January, 1987

(15)

, Commission Directive No. 87/481/EEC of 9 September, 1987

(16)

, Council Directive No. 88/380/EEC of 13 June, 1988

(17)

, Commission Directive No. 89/14/EEC of 15 December, 1988

(18)

, Commission Directive 96/18/EC of 19 March 1996

(19)

, Council Directive 96/72/EC of 18 November 1996

(20)

, Council Directive 98/95/EC of 14 December 1998

(21)

, insofar as they relate to vegetable seeds, hereby make the following regulations

Short title and commencement.