S.I. No. 198/2002 - European Communities (Seed of Fodder Plants) Regulations, 2002

1. The name of the authority issuing the document.

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

3. Variety, indicated at least in roman characters.

4. Category,

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

6. Field or lot reference number,

7. Area cultivated for the production of the lot covered by the document.

8. Quantity of seed harvested and number of packages.

9. Number of generations after basic seed, in the case of certified seed.

10. Attestation that the conditions to be satisfied by the crop from which the seed comes have been fulfilled.

11. Where appropriate, results of a preliminary seed analysis.

SCHEDULE II

The following fees shall be payable to the Minister in relation to the

Certification and Testing of fodder plant for the purposes of these Regulations

A. CERTIFICATION FEES

Grass Seed

Rate per 50 kg

€

Perennial Ryegrass, new varieties and other

1.10

Italian Ryegrass

.74

Perennial Ryegrass, high persistence

1.30

Clover

1.61

Oilseed Rape

.95

Linseed

.95

Grass Seed Mixtures

0.47 (at 0.09 per label)

Field Peas and Beans

.81

Arable Silage Mixtures

0.12 (at 0.09 per label)

B. SEED TESTING FEES

Samples

Rate per sample

€

Straights

- Complete Test (Germination and Purity)

14.22

- Germination only

9.81

- Purity only

6.94

- Moisture only

6.76

- Biochemical Test

19.51

Seed Mixtures

- Complete Test (Germination and Purity)

16.38

- Germination only

12.17

- Purity only

8.50

(1)

OJ No 125/2298, 11 July, 1966

(1)

OJ No 125/2298, 11 July, 1966.

1

OJ No L48/8, 26 February, 1969.

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 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 L196/6, 26 July, 1975

9

OJ No L16/23, 20 January, 1978

10

OJ No L113/1, 25 April, 1978.

11

OJ No L236/13, 25 August, 1978.

12

OJ No L350/27, 14 December 1978.

13

OJ No L183/13, 19 July, 1979.

14

OJ No L205/1, 13, August, 1979.

15

OJ No L207/36, 9 August, 1980.

16

OJ No L67/36, 12 March, 1981

17

OJ No L131/24, 13 May, 1982

18

OJ No L76/21, 22 March, 1983

19

OJ No L16/41, 19 January, 1985.

20

OJ No L93/21, 8 April, 1986.

21

OJ No L118/23, 7 May, 1986.

22

OJ No L49/39, 18 February, 1987.

23

OJ No L155/26, 16 June, 1987

24

OJ No. L273/43, 26 September, 1987

25

OJ No. L187/31, 16 July, 1988

26

OJ No. L261/27, 21 September, 1988

27

OJ No. L196/50, 12 July, 1989

28

OJ No. L38/36, 10 February, 1989

29

OJ No. L203/108, 26 July, 1991

30

OJ No. L104/61, 22 April, 1992

31

OJ No. L76/21, 26 March, 1996

32

OJ No. L304/10, 27 November, 1996

33

OJ No. L25/1 of 01 February, 1999

34

OJ No. L234 of 01 September 2001

(1)

O.J. No. 125/2298. 11 July 1966

(1)

O.J. No. L240/26 of 12 September, 1980

(2)

O.J. No. L195/1 of 26 July, 1985.

(1)

O.J. No. 125/2298, 11 July 1966

12. Where at least germination has been retested, the words “retested.... (month and year)” and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label.

(*) For lupins, it should be specified whether they are bitter or sweet lupins.

(b) For mixtures of seeds

13. (1) Notwithstanding Regulation 19 of these Regulations, the register which immediately before the commencement of these Regulations was known as the Register of Fodder Plant Seed Processors, Importers and Mixers shall continue in being and shall continue to be maintained by the Minister but shall henceforth be known as the Register of Fodder Plant Seed Processors, Importers, Packers and Mixers (which register is in these Regulations referred to as “the register”).

(2) (a) A person shall not carry on the business of a seed processor a seed importer, a seed packer or a seed mixer, unless he is registered in the register as such.

(b) Subparagraph (a) of this paragraph shall come into force on the 15th day of June, 1981, as regards persons carrying on the business of seed packers.

(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 seed processor, a seed packer or a seed mixer, a description of the premises in which such person carries on the business of seed processing, seed packing or seed mixing which description shall be sufficient to identify those premises and the limits and extent thereof and also the place where the relevant fodder plant seed is stored and

(c) such other particulars as the Minister, in the circumstances of any particular case, considers relevant.

(4) Any change in the name or address of 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, seed packer or seed mixer 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

(a) 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, and

(b) in addition to the foregoing

(i) in case the application is for registration as a seed processor that there is so available such premises and such plant or machinery as will enable the person to process not less than fifty tonnes of fodder plant seed per year.

(ii) in case the application is for registration as a seed mixer, that there is so available such premises and such plant or machinery as will enable the person to mix not less than twenty tonnes of fodder plant seed per year.

(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 therefor, and, if any representations are made to the Minister by the applicant within several days after the giving of the notification, the Minister shall consider them.

(8) In this Regulation:-

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

“seed mixer” means a person who mixes and who does not otherwise process (apart from measuring) fodder plant seed;

“seed packer” means a person who in the course of a business packs seed into small EC packages;

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

Records, returns, etc.

14. (1) Any person who carries on the business of processing, mixing packing or marketing fodder plant 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 may reasonably require in relation to such transactions including in particular information which he may reasonably require regarding any fodder plant seed specified by him, 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 fodder plant 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 and quantity of the seed.

(3) A person who markets a quantity of fodder plant seed exceeding 2 kg. imported from a third country shall, at the time of marketing, 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.

Powers of authorised officer

15. (1) In addition to the powers conferred by Regulation 13 of these Regulations, an authorised officer may at any reasonable time enter and inspect any premises in which he/she has reasonable grounds for believing that the business of processing, mixing, packing or marketing or of importing or exporting fodder plant seed is carried on, or any other premises in which he/she so believes such seed to be kept, being seed which he/she 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 kept, and any such officer may examine the stock and take samples of any fodder plant seed which he/she finds in the course of his/her 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/her under this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €250.

(4) The Minister shall furnish an authorised officer with a certificate of his/her 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 seeds to be disposed of.

16. (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, then 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.

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

Penalty

18. A person who contravenes these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €500 or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

Saver

19. 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.

Certification and Testing Fees

20. Fees shall be payable to the Minister in relation to the certification and testing of fodder plant for the purposes of these Regulations. The current charges are prescribed in Schedule II to the Regulations.

Revocation

21. The following regulations are hereby revoked

(1) The European Communities (Seed of Fodder Plants) Regulations 1981 (

S.I. No. 122 of 1981

)

(2) The European Communities (Seed of Fodder Plants) Regulations 1986 (

S.I. No. 259 of 1986

)

(3) The European Communities (Seed of Fodder Plants) Regulations 1987 (

S.I. No. 171 of 1987

).

(4) The European Communities (Seed of Fodder Plants) Regulations 1988 (

S.I. No. 161 of 1987

)

(5) The European Communities (Seed of Fodder Plants) Regulations 1989 (

S.I. No. 173 of 1989

)

(6) The European Communities (Seed of Fodder Plants) Regulations 1990 (

S.I. No. 214 of 1990

)

(7) The European Communities (Seed of Fodder Plants) Regulations 1991 (

S.I. No. 110 of 1991

)

(8) The European Communities (Seed of Fodder Plants) Regulations 1991 (

S.I. No. 179 of 1991

)

(9) The European Communities (Seed of Fodder Plants) Regulations 1992 (

S.I. No. 199 of 1992

)

(10) The European Communities (Seed of Fodder Plants) (Amendment (No. 2) Regulations, 1992 (

S.I. No. 234 of 1992

)

(11) The European Communities (Seed of Fodder Plants) (Amendment (No. 3) Regulations, 1990 (

S.I. No. 370 of 1992

)

(12) The European Communities (Seed of Fodder Plants) Regulations 1993 (

S.I. No. 230 of 1993

)

(13) The European Communities (Seed of Fodder Plants) Regulations 1994 (

S.I. No. 212 of 1994

)

(14) The European Communities (Seed of Fodder Plants) Regulations 1995 (

S.I. No. 224 of 1995

)

(15) The European Communities (Seed of Fodder Plants) Regulations 1996 (

S.I. No. 326 of 1996

)

(16) The European Communities (Seed of Fodder Plants) Regulations 1997 (

S.I. No. 53 of 1997

)

(17) The European Communities (Seed of Fodder Plants) (Amendment (No. 2) Regulations, 1997 (

S.I. No. 356 of 1997

)

(18) The European Communities (Seed of Fodder Plants) Regulations 1998 (

S.I. No. 294 of 1998

)

(19) The European Communities (Seed of Fodder Plants) Regulations 1999 (

S.I. No. 199 of 1999

)

SCHEDULE I

ANNEX 1

CONDITIONS TO BE SATISFIED BY THE CROP

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. 66/401/EEC of 14 June, 1966

(1)

, as amended by the directives, act and decision specified in Regulation (2) (2) following, hereby make the following regulations

Short title and commencement.