Seeds of Agricultural Plants and Vegetables Regulations, 2018
Table of Provisions (43)
Statutory Text (43 Articles)
Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 19,931, 5 ta’ Jannar, 2018
L.N. 2 of 2018
PLANT QUARANTINE ACT
(CAP. 433)
Seeds of Agricultural Plants and Vegetables Regulations, 2018
IN EXERCISE of the powers conferred by article 32 of the Plant
Quarantine Act, the Minister for the Environment, Sustainable
Development and Climate Change, has made the following regulations:-
The title of these regulations is the Seeds of Agricultural Citation.
Plants and Vegetables Regulations, 2018.
Regulation 3(2)
Conditions to be satisfied by the crop
Agricultural plants
1. Cereals
Basic seed and certified seed of cereals and their hybrids
1. Varietal identity and varietal purity
The crop shall possess sufficient varietal identity and purity.
2. Crop health
Harmful organisms that reduce the usefulness of the seeds, in particular
Ustilaginaceae, shall be present at the lowest possible level.
3. Previous cropping
The previous cropping of the field shall not have been incompatible with
the production of seeds of the species and variety of the crop and the field
shall be sufficiently free from such plants that are volunteers from previous
cropping.
4. Field and crop inspections
The satisfaction of all the standards or other conditions mentioned in this
Schedule, shall, in the case of basic seed, be examined in official field
inspections and, in the case of certified seed, be examined either in official
field inspections or in inspections carried out under official supervision.
These field inspections shall be carried out in accordance with the
following conditions
(a)
The condition and the stage of development of the crop shall permit
an adequate examination;
(b)
The number of field inspections shall be at least
for Avena nuda, Avena sativa, Avena strigosa,
Hordeum vulgare, Phalaris canariensis, Triticum
aestivum, Triticum durum, Triticum spelta, x
Triticosecale and Secale cereale
for Sorghum spp. and Zea mays during the
flowering season
-
open-pollinated varieties
-
inbred lines or hybrids
When the crop follows a Sorghum spp. and Zea mays crop in either the
preceding year or current year, at least one special field inspection shall be
carried out to check the satisfaction of the provisions laid down in point 3
mentioned previously in this Schedule.
The size, the number and the distribution of the portions of the field to be
inspected in order to examine the satisfaction of the provisions of this
Schedule, shall be determined in accordance with appropriate methods.
Basic seed and certified seed
1. Varietal identity and varietal purity
As indicated in point 1 previously, the crop shall possess sufficient varietal
identity and purity. In the case of a crop of an inbred line, sufficient
identity and purity as regards its characteristics must be present.
For the production of seed of hybrid varieties, the above mentioned
provisions shall also apply to the characteristics of the components,
including male sterility or fertility restoration. In particular, crops of
Phalaris canariensis and Secale cereale excluding hybrids, Sorghum spp.
and Zea mays shall conform to the following standards or other conditions
Phalaris canariensis and Secale cereale other than hybrids
The number of plants of the crop species, which are recognizable as
obviously not being true to the variety shall not exceed
one per 30m 2 for the production of basic seed, and
-
one per 10m 2 for the production of certified seed.
-
Zea mays
(a)
The percentage by number of plants, which are recognisable as obviously
not being true to the variety, to the inbred line, or to the component shall
not exceed
(aa) for the production of basic seed
(i)
inbred lines
0.1%
(ii)
simple hybrids, each component
0.1%
(iii) open-pollinated varieties
0.5%
(bb) for the production of certified seed
(i)
components of hybrid varieties
-
inbred lines
0.2%
-
simple hybrid
0.2%
-
open-pollinated variety
1.0%
(ii)
open-pollinated varieties
1.0%
(b)
The following standards or conditions shall be satisfied for the production
of seed of hybrid varieties
(aa) sufficient pollen shall be shed by the plants of the male component
while the plants of the female component are in flower;
(bb) where appropriate, emasculation shall be carried out;
(cc) where 5% or more of the female component plants have receptive
stigmas, the percentage of the female component, which have shed
pollen or are shedding pollen, shall not exceed
-
1% at any official field inspection, and
-
2% at the total of the official field inspections.
Plants are considered as having shed pollen or are shedding pollen where,
on 50mm or more of the central axis or laterals of a panicle, the anthers
have emerged from their glumes and have shed or are shedding pollen.
Sorghum spp.
(a)
The percentage by number of plants of a Sorghum spp. other than the crop
species or plants which are recognisable as obviously not being true to the
inbred line or to the component shall not exceed
(aa) for the production of basic seed
(i)
at flowering
0.1%
(ii)
at maturity
0.1%
(bb) for the production of certified seed
(i) plants of the male component which have shed pollen when the
plants of the female component have receptive stigmas 0.1%
(ii)
plants of the female component
-
at flowering
0.3%
-
at maturity
0.1%
(b)
The following standards or other conditions shall be satisfied for the
production of certified seed of hybrid varieties
(aa) sufficient pollen shall be shed by the plants of the male component
while the plants of the female component have receptive stigmas;
(bb) where plants of the female component have receptive stigmas, the
percentage of plants of that component which have shed pollen or are
shedding pollen shall not exceed 0.1%.
(c)
Crops of open-pollinated varieties or synthetic varieties of Sorghum spp.
shall conform to the following standards
the number of plants of the crop which are recognisable as obviously not
being true to the variety shall not exceed
one per 30m 2 for the production of basic seed, and
-
one per 10m 2 for the production of certified seed.
-
2. Isolation distances
The crop shall conform to the following standards shown in Table 1.6 as
regards the minimum distances from neighbouring sources of pollen which
may result in undesirable foreign pollination and particularly in the case of
Sorghum spp., from sources of Sorghum halepense
Table 1.6
Minimum
Crop
distance
Phalaris canariensis and Secale cereale other than hybrids
for the production of basic seed
300m
for the production of certified seed
250m
Sorghum spp.
300m
x Triticosecale, self-pollinating varieties
for the production of basic seed
50m
for the production of certified seed
20m
200m
Zea mays
These distances can be disregarded if there is sufficient protection from
any undesirable foreign pollination.
Hybrids of Secale cereale
1. Varietal identity and varietal purity
The crop shall have sufficient identity and purity as regards the
characteristics of the components, including male sterility.
In particular, the crop shall conform to the following standards or
conditions
(i)
the number of plants of the crop species, which are recognisable as
obviously not being true to the component shall not exceed
one per 30m 2 for the production of basic seed; and
-
one per 10m 2 for the production of certified seed (this standard
-
applies for official field inspections to the female component
only);
(ii)
in the case of basic seed, where male sterility is used, the level of
sterility of the male-sterile component shall be at least 98%.
Where appropriate, certified seed shall be produced in mixed cultivation of
a female male-sterile component with a male component which restores
male fertility.
2. Isolation distances
The crop shall conform to the following standards shown in Table 1.7, as
regards the minimum distances from neighbouring sources of pollen that
may result in undesirable foreign pollination.
Table 1.7
Minimum
Crop
distance
For the production of basic seed
where the male sterility is used
1000m
where male sterility is not used
600m
For the production of certified seed
500m
Crops to produce certified seed of hybrids of Avena nuda, Avena sativa,
Avena strigosa, Triticum aestivum, Triticum durum, Triticum spelta and
self-pollinating xTriticosecale and crops to produce certified seed of
hybrids of Hordeum vulgare by means of a technique other than
Cytoplasmic Male Sterility (CMS)
1. Varietal identity and varietal purity
The crop shall have sufficient identity and purity as regards the
characteristics of the components.
Where seed is produced by use of a chemical hybridisation agent, the crop
shall conform to the following standards or conditions
(i)
the minimum varietal purity of each component shall be
-
99.7% for Avena nuda, Avena sativa, Avena strigosa, Hordeum
vulgare, Triticum aestivum, Triticum durum, Triticum spelta; and
-
99% for self-pollinating x Triticosecale.
(ii)
the minimum hybridity must be 95%. The percentage hybridity shall
be assessed in accordance with current international methods, in so
far as such methods exist. In cases where the hybridity is determined
during seed testing prior to certification, the determination of
hybridity during field inspection need not be done.
2. Isolation distances
The minimum distance of the female component of the cereal crop shall be
25m away from any other variety of the same species except from a crop of
the male component. This will prevent undesirable foreign pollination from
occurring.
With the approval of the Directorate, this distance can be disregarded if
there is sufficient protection from any undesirable foreign pollination.
3. Crops to produce basic and certified seed of hybrids of Hordeum vulgare
by means of the technique of CMS
(a)
The crop shall conform to the following standards as regards distances
from neighbouring sources of pollen which may result in undesirable
foreign pollination
Crop
Minimum distance
For the production of basic seed
100m
For the production of certified seed
50m
(b)
The crop shall have sufficient varietal identity and purity as regards the
characteristics of the components.
In particular, the crop shall conform to the following standards
(i)
The percentage by number of plants which are obviously not being
true to type shall not exceed
-
for the crops used to produce basic seed, 0.1% for the
maintainer and the restorer line and 0.2% for the CMS female
component, and
-
for the crops used to produce certified seed, 0.3% for the
restorer and the CMS female component and 0.5% in case the
CMS female component is a single hybrid.
(ii)
The level of male sterility of the female component shall be at least
-
99.7% for crops used to produce basic seed, and
-
99.5% for crops used to produce certified seed.
(iii) The requirements of points (i) and (ii) shall be examined in official
post-control test.
(c)
Certified seed may be produced in mixed cultivation of female male-sterile
component with a male component which restores fertility.
Fodder Plants
Basic seed, certified seed, certified seed of the first and second generations
1. Varietal identity and varietal purity
The crop shall have sufficient varietal identity and purity. In particular,
crops other than those of the species Pisum sativum, Vicia faba, Brassica
oleracea convar. acephala or Poa pratensis shall conform to the following
standards
the number of plants of the crop species which are recognisable as
obviously not being true to the variety shall not exceed
one per 30m 2 for the production of basic seed; and
-
one per 10m 2 for the production of certified seed.
-
In the case of Poa pratensis, the number of plants of the crop species which
are recognisable as obviously not being true to the variety shall not exceed
one per 20m 2 for the production of basic seed; and
-
four per 10m 2 for the production of certified seed.
-
However, in the case of varieties which are officially classified as
apomictic uniclonal varieties under agreed procedures, a number of plants
recognisable as not being true to the variety, which does not exceed six per
10m 2 , may be regarded as satisfying the before mentioned standards for the
production of certified seed.
Seeds of other plant species which are difficult to distinguish from the crop
seeds in a laboratory test shall be at a low level.
In particular, the number of plants of Lolium species other than the crop
species shall not exceed
one per 50m 2 for the production of basic seed; and
-
one per 10m 2 for the production of certified seed.
-
2. Crop health
Harmful organisms that reduce the usefulness of the seed shall be present
at the lowest possible level.
3. Previous cropping and contamination
The previous cropping of the field shall have not been incompatible with
the production of seeds of the species and variety of the crop, and the field
shall be sufficiently free from such plants that are volunteers from previous
cropping.
4. Field and crop inspections
The satisfaction of the standards or other conditions mentioned in this
Schedule shall, in the case of basic seed, be examined in official field
inspections and, in the case of certified seed, be examined either in official
field inspections or in inspections carried out under official supervision.
These field inspections shall be carried out in accordance with the
following conditions
The cultural condition of the field and the stage of
development and condition of the crop shall permit an
adequate examination; and
There shall be at least one field inspection.
The size, the number and the distribution of the portions of the field to be
inspected in order to examine the satisfaction of the provisions of this
Schedule, shall be determined in accordance with appropriate methods.
5. Isolation distances
The crop shall conform to the following standards shown in Table 1.8 as
regards distances from neighbouring sources of pollen which may result in
undesirable foreign pollination.
Table 1.8
Crop
Minimum distance
Brassica spp.
-
for the production of basic seed
400m
-
for the production of certified seed
200m
Species or varieties other than Brassica spp., Pisum
sativum and varieties of Poa pratensis referred to in the
second part of the third sentence of point 1 regarding varietal
identity and purity
-
for the production of seed intended for
200m
multiplication, fields up to two hectares
-
for the production of seed intended for
100m
multiplication, fields over two hectares
-
for the production of seed intended for the
production of fodder plants, fields up to two
100m
hectares
-
for the production of seed intended for the
production of fodder plants, fields over two
50m
hectares
With the approval of the Directorate, these distances can be disregarded if
there is adequate protection against undesirable pollen.
Seed Potatoes
Pre-basic seed potatoes
Minimum conditions for pre-basic seed potatoes
1. Pre-basic seed potatoes shall satisfy the following minimum conditions
(a)
they derive from mother plants which are free from the following
harmful organisms: Pectobacterium spp., Dickeya spp., Potato leaf
roll virus, Potato virus A, Potato virus M, Potato virus S, Potato
virus X, and Potato virus Y;
(b)
they are free from symptoms of blackleg;
(c)
the number of growing plants not breeding true to the variety and
the number of plants of a different variety together shall not exceed
0.01%;
(d)
in the direct progeny, the number of plants showing symptoms of
virus infection shall not exceed 0.5%;
(e)
the number of growing plants with mosaic symptoms or symptoms
caused by leaf roll virus shall not exceed 0.1%;
(f)
the maximum number of field generations shall be four.
2. Compliance with the requirements of paragraph 1(b),(c) and (e) shall be
established through official field inspections. In case of doubt, those
inspections shall be supplemented by official tests on leaves.
Where methods of micro-propagation are used, compliance with point 1(a)
shall be established by official testing or testing under official supervision,
of the mother plant.
Where methods of clonal selection are used, compliance with point 1(a)
shall be established by official testing or testing under official supervision,
of the clonal stock.
Basic and certified seed potatoes
Minimum conditions to be satisfied by basic and certified seed potatoes
1. Basic seed potatoes shall satisfy the following minimum conditions
(a)
on official inspection of the growing plants, the number affected by
blackleg shall not exceed 1.0%;
(b)
the number of growing plants not breeding true to the variety and
the number of plants of a different variety shall, together, not exceed
0.1% and in the direct progeny, shall, together, not exceed 0.25%;
(c)
in the direct progeny the number of plants with symptoms of virus
infection shall not exceed 4.0%;
(d)
on official inspections of the growing plants, the number of plants
with mosaic symptoms and the number of plants with symptoms
caused by leaf roll virus shall, together, not exceed 0.8%.
2. Certified seed potatoes shall satisfy the following minimum conditions
(a)
on official inspection of the growing plants, the number affected by
blackleg shall not exceed 4.0%;
(b)
the number of plants not breeding true to the variety and the number
of plants of a different variety, shall, together, not exceed 0.5% and
in the direct progeny, shall, together, not exceed 0.5%;
(c)
in the direct progeny the number of plants with symptoms of virus
infection shall not exceed 10.0%;
(d)
on official inspections of the growing plants, the number of plants
with mosaic symptoms and the number of plants with symptoms
caused by leaf roll virus shall, together, not exceed 6.0%.
3. The tolerances allowed under paragraphs 1(c) and (d), and paragraph 2(c)
and (d) shall only be applicable where the viral diseases are caused by
viruses that are prevalent in Europe.
4. The maximum number of generations of basic potatoes shall be four and
the combined generations of pre-basic potatoes in the field and basic
potatoes shall be seven.
The maximum number of generations of certified seed potatoes shall be
two.
If the generation is not indicated on the official label, the potatoes
concerned shall be considered as belonging to the maximum generation
that is permitted within the respective category.
Vegetables
2. Basic and certified seed
Varietal identity and varietal purity
The crop shall possess adequate varietal identity and varietal purity.
Crop health
Harmful organisms and diseases that reduce the usefulness of the seeds
shall be present at the lowest possible level.
Previous cropping and contamination
The crop may be grown only on land that has not previously been cropped
in a manner that might adversely affect the nature or quality of the seed to
be produced. The field shall be sufficiently free from such plants that are
volunteers from previous cropping.
Field and crop inspections
In the case of basic seed, at least one official field inspection shall be
carried out. For certified seed, at least one field inspection shall be carried
out, officially controlled by means of check inspection of at least 20% of
the crop of each species.
The cultural condition of the field and the stage of development of the crop
shall be such as to permit suitable checks of varietal identity and purity and
health status of the crop.
Isolated distances
The minimum distances from neighbouring plants which might result in
undesirable foreign pollination shall be the following
(a)
Beta vulgaris
(i)
From any pollen sources of the genus Beta not included in sub-
paragraphs (ii) or (iii) 1000m
(ii)
From pollen sources of varieties of the same subspecies
belonging to a different group of varieties
-
crops to produce basic seed
1000m
-
crops to produce certified seed
600m
(iii) From pollen sources of varieties of the same subspecies
belonging to the same group of varieties
-
crops to produce basic seed
600m
-
crops to produce certified seed
300m
The groups of varieties referred to in points (ii) and (iii) shall be
determined by the Directorate.
(b)
Brassica species
(i)
From sources of foreign pollen liable to cause serious
deterioration of varieties of Brassica species
-
crops to produce basic seed
1000m
-
crops to produce certified seed
600m
(ii) From other sources of foreign pollen liable to cross with varieties
of
Brassica species
-
crops to produce basic seed
500m
-
crops to produce certified seed
300m
(c)
Industrial chicory
(i)
From other species of the same genera or subspecies 1000m
(ii)
From another variety of industrial chicory
-
crops to produce basic seed
600m
-
crops to produce certified seed
300m
(d)
Other species
(i)
From sources of foreign pollen liable to cause serious
deterioration of varieties of other species as a result of cross-
fertilisation
-
crops to produce basic seed
500m
-
crops to produce certified seed
300m
(ii)
From other sources of foreign pollen liable to cross with
varieties of other species as a result of cross-fertilisation
-
crops to produce basic seed
300m
-
crops to produce certified seed
100m
With the approval of the Directorate, these distances can be disregarded if
there is adequate protection from any undesirable, foreign pollination.
(1) The scope of these regulations is to make provisions Scope.
to assure that any seeds of agricultural plants and vegetables produced
in Malta or placed on the market in Malta or intended to be marketed
in another EU Member State meets specified standards of quality.
(2) These regulations also apply to the production, with a view
to marketing and to the marketing of seeds of agricultural plants and
vegetables of the genera, species and their hybrids listed in Schedule I
of these regulations, within the European Union and shall apply
without prejudice to the plant health rules laid down by Council
Directive 2000/29/EC and its amendments as transposed in the Plant
Quarantine (Harmful Organisms) Regulations.
(3) These regulations shall apply to seeds intended to be used
only for the production of crops and shall not apply to seeds
(a)
marketed for delivery to third countries;
(b) used or to be used in the course of a process of
selection; or
(c) marketed with a view to processing, treatment or
cleaning, where their identity is stated by the person by whom
they are marketed.
(4) These regulations shall not apply to seeds intended to be
exported to third countries provided that they are identified as such
and kept sufficiently isolated.
(5) These regulations transpose Council Directives 66/401/
EEC, 66/402/EEC, 2002/55/EC and 2002/56/EC on the marketing of
fodder plant seed, cereal seed, vegetable seed and seed potatoes and
their amendments.
Conditions to be satisfied by the seeds
1. Agricultural plants
Cereals
Basic seed, certified seed and certified seed of the first and second
generations
1. Varietal identity and varietal purity
The seeds shall have sufficient varietal identity and varietal purity or, in the
case of seeds of an inbred line, sufficient identity and purity as regards its
characteristics. For seeds of hybrid varieties, the above mentioned
provisions shall also apply to the characteristics of the components.
In particular, seeds of the species listed below shall conform to the
following standards or other conditions
Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Triticum
aestivum, Triticum durum and Triticum spelta, other than hybrids in each
case (Table 1.9)
Table 1.9
Category
Minimum varietal purity (%)
Basic seed
99.9
Certified seed, 1st generation
99.7
Certified seed, 2nd generation
99.0
The minimum varietal purity shall be examined mainly in field inspections
carried out in accordance with the conditions laid down in Schedule II
Section I.
Self-pollinating varieties of x Triticosecale other than hybrids (Table 1.10)
Table 1.10
Category
Minimum varietal purity (%)
Basic seed
99.7
Certified seed, 1st generation
99.0
Certified seed, 2nd generation
98.0
The minimum varietal purity shall be examined mainly in field inspections
carried out in accordance with the conditions laid down in Schedule II
Section I.
Hybrids of Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare,
Triticum aestivum, Triticum durum, Triticum spelta and self-pollinating x
Triticosecale
The minimum varietal purity of the seed of the category certified seed shall
be 90%.
In case of Hordeum vulgare produced by means of Cytoplasmic Male
Sterility (CMS), it shall be 85%. Impurities other than the restorer shall
not exceed 2%.
The minimum varietal purity shall be examined in official post-control test
on an appropriate proportion of samples.
Sorghum spp. and Zea mays
Where for the production of certified seed of hybrid varieties, a female
male-sterile component and a male component which does not restore male
fertility have been used, the seed shall be produced
(a)
either by blending seed lots in a proportion appropriate to the
variety where, on one hand, a female male-sterile component has
been used and, on the other, a female male-fertile component has
been used, or
(b)
by growing the female male-sterile component and the female male-
fertile component in a proportion appropriate to the variety. The
proportion of these components shall be examined in field
inspections carried out in accordance with the conditions laid down
in Schedule II.
Hybrids of Secale cereale and CMS-hybrids of Hordeum vulgare
Seeds shall not be certified as certified seed unless due account has been
taken of the results of an official post-control test, on samples of basic seed
taken officially and carried out during the growing season of the seed
entered for certification as certified seed, to ascertain whether the basic
seed met the requirements for basic seed laid down in these regulations in
respect of identity and purity as regards the characters of the components
including male sterility.
2. Seed health
Harmful organisms which reduce the usefulness of the seed shall be at the
lowest possible level. In particular, the seeds shall conform to the
following standards in respect of Claviceps purpurea (maximum number
of sclerotia or fragments of sclerotia in a sample of the weight classified in
column 3 of Table 1.17 of Schedule IV Section I).
Table 1.11
Category
Claviceps purpurea
Cereals other than hybrids of Secale cereale
basic seed
certified seed
Hybrids of Secale cereale
basic seed
4( a )
certified seed
where ( a ) = the presence of five sclerotia or fragments of sclerotia in a
sample of the prescribed weight shall be deemed to be in conformity with
the standards where a second sample of the same weight contains not more
than four sclerotia or fragments of sclerotia.
3. Standards or other conditions to be met by the seeds
The seeds shall conform to the following standards or other conditions with
regards to germination, analytical purity and content of seeds of other plant
species, as shown in Table 1.12
Table 1.12
Maximum content by number of seeds of other plant
species in a sample of the weight specified in column 4
Minimu
of Table 1.16 of Schedule IV (total per column)
Minimum
m
analytical
Avena
Species and
germina
Plant
Raphanus
purity
Other
fatua,
category
tion (%
Other species
raphanistrum
(% by
plant
Avena
of pure
cereal
other
&
weight) species
sterilis &
seed)
species
than
Agrostemma
(a)
Lolium
cereals
githago
temulentum
Avena sativa,
Avena strigosa
Hordeum vulgare
Triticum durum
Triticum spelta.
- basic seed
1 (b)
0 (c)
- certified seed
85 (d)
0 (c)
2nd
- basic seed
1 (b)
0 (c)
- certified seed
75 (d)
0 (c)
2nd
- basic seed
1 (b)
-
0 (c)
-
- certified seed
-
0 (c)
-
Secale cereale
- basic seed
1 (b)
0 (c)
- certified seed
0 (c)
Sorghum spp.
-
-
-
-
x Triticosecale
- basic seed
1 (b)
0 (c)
- certified seed
80 (d)
0 (c)
2nd
-
-
-
-
where (reference to Table 1.12)
(a)
refers to the maximum content of seeds laid down in column 4 which
includes also seeds of the species in columns 5 to 8;
(b)
states that a second seed shall not be regarded as an impurity if a
second sample of the same weight is free from any seeds of other
cereal species;
(c)
states that the presence of one seed of Avena fatua, Avena sterilis, or
Lolium temulentum in a sample of the prescribed weight shall not be
regarded as an impurity where a second sample of the same weight is
free from any seeds of these species;
(d)
is the required minimum germination capacity, which is reduced to
75% of pure seed in the case of Hordeum vulgare (naked barley). The
official label shall include the words "Minimum germination capacity
75%".
Fodder Plants
Basic seed, certified seed, certified seed of the first and second generations
and commercial seed
1. Varietal identity and varietal purity
The seeds shall possess adequate varietal identity and purity.
2. Seed health
Harmful organisms that reduce the usefulness of the seed shall be present
at the lowest possible level.
Basic seed
1. Varietal identity and varietal purity
The minimum varietal purity of seeds of Pisum sativum, Brassica oleracea
convar. acephala, Vicia faba and of varieties of Poa pratensis referred to in
the second part of the third sentence of point 1 of Schedule II Section II
(Fodder plants), shall be 99.7%.
In the case of Trifolium subterraneum and Medicago spp. except M. sativa,
the minimum varietal purity of seeds shall be
99.5% for the production of basic seed;
98% for the production of certified seed for further multiplication; and
95% for the production of certified seed.
The minimum varietal purity shall be examined mainly in field inspections
carried out in accordance with the conditions laid down in Schedule II
Section II.
2. Standards or other conditions to be met by the seed
The seeds shall satisfy the standards or other conditions set out in Table
1.13
Table 1.13
Species
Maximum content of seeds of other plant species
Other
standards
Content by number in a sample of the weight specified in
or
column 4 of Table 1.18 of Schedule IV Section II
conditions
(total per column)
Total
A single Rumex
Elytrigia Alopecurus Melilotus
(% by
species spp. other
spp.
repens myosuroides
weight)
than
Rumex
acetosella
& Rumex
maritimus
Poaceae (Gramineae)
0.3
(f)
Agrostis
canina
0.3
(f)
Agrostis
capillaris
0.3
(f)
Agrostis
gigantea
0.3
(f)
Agrostis
stolonifera
0.3
20(a)
(f)
Cynodon
dactylon
0.3
20(a)
(f)
Festuca
filiformis
0.3
20(a)
(f)
Festuca ovina
0.3
20(a)
(f)
Festuca
pratensis
0.3
20(a)
(f)
Festuca rubra
0.3
20(a)
(f)
Festuca
trachyphylla
0.3
20(a)
(f)
Lolium
multiflorum
0.3
20(a)
(f)
Lolium
perenne
0.3
20(b)
(e) (f)
Poa pratensis
Fabaceae (Leguminosae)
0.3
Biserrula
pelecinus
0.3
0(d)
(f)
Galega
orientalis
0.3
0(d)
(f)
Hedysarum
coronarium
0.3
-
-
0(c)
Lathyrus
cicera
0.3
-
-
0(d)
Medicago
doliata
0.3
-
-
0(d)
Medicago
italica
0.3
-
-
0(d)
Medicago
littoralis
0.3
-
-
0(d)
Medicago
murex
0.3
-
-
-
Medicago
polymorpha
0.3
-
-
-
Medicago
rugosa
0.3
0(d)
(f)
Medicago
sativa
0.3
Medicago
scutellata
0.3
Medicago
truncatula
0.3
Ornithopus
compressus
0.3
Ornithopus
sativus
0.3
0(c)
Pisum
sativum
0.3
0(d)
(f)
Trifolium
alexandrinum
0.3
Trifolium
fragiferum
0.3
Trifolium
glanduliferum
0.3
Trifolium
hirtum
0.3
-
-
-
(f)
Trifolium
isthmocarpum
0.3
-
-
-
-
Trifolium
michelianum
0.3
0(d)
(f)
Trifolium
pratense
0.3
-
-
-
-
Trifolium
squarrosum
0.3
-
-
-
(f)
Trifolium
subterraneum
0.3
-
-
-
(f)
Trifolium
vesiculosum
0.3
-
-
0(c)
-
Vicia
benghalensis
0.3
0(c)
0.3
0(c)
(g)
Other species
0.3
(f)
0.3
where (reference to Table 1.13)
(a)
a maximum total of 80 seeds of Poa spp. shall not be regarded as an
impurity;
(b)
refers to the condition laid down in column 3 which is not applicable to
the seeds of Poa spp.. The maximum total content of seeds of Poa spp.
other than the species to be examined shall not exceed one in a sample
of 500 seeds;
(c)
states that the determination of seeds of Melilotus spp. by number need
not be carried out unless there is doubt whether the conditions laid
down in column 7 have been satisfied;
(d)
states that the presence of one seed of Melilotus spp. in a sample of the
prescribed weight, shall not be regarded as an impurity where a second
sample of twice the prescribed weight is free from any seeds of
Melilotus spp.;
(e)
states that the condition (c) laid down in Table 1.14 of this Schedule is
not applicable;
(f)
states that the conditions (e) and (g) laid down in Table 1.15 of this
Schedule are not applicable;
(g)
states that the condition (i) laid down in Table 1.14 of this Schedule is
not applicable.
Certified seed
The seeds shall have sufficient varietal identity and purity. In particular, the
seeds of the species listed below shall conform to the following standards
or other conditions.
The minimum varietal purity shall be
Poa pratensis varieties referred to in the second part of the third
sentence of point 1 of Schedule II and Brassica oleracea convar.
acephala
98%
Pisum sativum and Vicia faba
-
certified seed, first generation
99%
-
certified seed, second and subsequent generations 98%
The minimum varietal purity shall be examined mainly in field inspections
carried out in accordance with the conditions laid down in Schedule II
Section II.
2. Standards or other conditions to be met by the seeds
The seeds shall conform to the following standards or other conditions as
regards germination, analytical purity and content of seeds of other plant
species, as shown in Tables 1.14 and 1.15
Table 1.14
Germin- Analytical
ation
purity
Maximum content of seeds of other plant
Minimu
Minimu
Maximum
species
m
m
Species
content of
(% of weight)
germinat
analytica
hard seed
ion (% of
l purity
Raphanus
(% of
A single Elytrigia
Sinapis
pure
(% by
Total
raphanist
pure seed)
species repens
arvensis
seed)
weight)
rum
Poaceae (Gramineae)
75(a)
2.0
1.0
0.3
Agrostis
75(a)
2.0
1.0
0.3
Agrostis
capillaris
80(a)
2.0
1.0
0.3
Agrostis
gigantea
75(a)
2.0
1.0
0.3
Agrostis
stolonifera
70(a)
2.0
1.0
0.3
Cynodon
dactylon
75(a)
2.0
1.0
0.5
filiformis
75(a)
2.0
1.0
0.5
Festuca ovina
80(a)
1.5
1.0
0.5
pratensis
75(a)
1.5
1.0
0.5
Festuca rubra
75(a)
2.0
1.0
0.5
trachyphylla
7 (a)
1.5
1.0
0.5
Lolium
multiflorum
80(a)
1.5
1.0
0.5
Lolium
perenne
75(a)
2.0 (c)
1.0 (c)
0.3
Poa pratensis
Fabaceae (Leguminosae)
0.5
Biserrula
pelecinus
60 (a) (b)
2.0
1.5
Galega
orientalis
75 (a) (b)
2.5
1.0
Hedysarum
coronarium
0.5
Lathyrus
cicera
Medicago
doliata
70(b)
Medicago
italica
Medicago
littoralis
70(b)
Medicago
murex
70(b)
Medicago
polymorpha
70(b)
Medicago
rugosa
80 (a) (b)
1.5
1.0
Medicago
sativa
Medicago
scutellata
70 (b)
Medicago
truncatula
Ornithopus
compressus
Ornithopus
sativus
80 (a)
0.5
0.3
Pisum sativum
80 (a) (b)
1.5
1.0
Trifolium
alexandrinum
Trifolium
fragiferum
70 (b)
Trifolium
glanduliferum
Trifolium
hirtum
Trifolium
isthmocar-pum
75 (b)
Trifolium
michelianum
80 (a) (b)
1.5
1.0
Trifolium
pratense
75 (b)
1.5
Trifolium
squarrosum
80 (b)
0.5
Trifolium
subterraneum
Trifolium
vesiculosum
80 (b)
97 (i)
Vicia
benghalensis
80 (a) (b)
0.5
0.3
Vicia faba
85 (a) (b)
1.0 (i)
0.5 (i)
Vicia sativa
Other species
75 (a)
1.0
0.5
0.3
Brassica
oleracea
convar.
acephala
(acephala var.
medullosa +
var. viridis)
1.5
Plantago
lanceolata
Table 1.15
Species
Analytical
Maximum
purity
content of
seed of other
plant species
in a sample of
the weight
specified in
column 4 of
Table 1.18 of
Schedule IV
(total per
column)
Maximum content of seeds of
Rumex spp.
other plant species
other than
(% by weight)
Avena fatua &
Rumex
Cuscuta spp.
acetosella &
Avena sterilis
Alopecurus
Melilotus spp.
Rumex
myosuroides
maritimus
Poaceae (Gramineae)
0.3
0 (d) (e)
2 (h)
Agrostis
canina
0.3
0 (d) (e)
2 (h)
Agrostis
capillaris
0.3
0 (d) (e)
2 (h)
Agrostis
gigantea
0.3
0 (d) (e)
2 (h)
Agrostis
stolonifera
0.3
0 (d) (e)
Cynodon
dactylon
0.3
0 (d) (e)
5 (h)
Festuca
filiformis
0.3
0 (d) (e)
5 (h)
Festuca ovina
0.3
0 (d) (e)
5 (h)
Festuca
pratensis
0.3
0 (d) (e)
5 (h)
Festuca rubra
0.3
0 (d) (e)
5 (h)
Festuca
trachyphylla
0.3
0 (d) (e)
5 (h)
Lolium
multiflorum
0.3
0 (d) (e)
5 (h)
Lolium
perenne
0.3
0 (d) (e)
2 (h)
Poa pratensis
Fabaceae (Leguminosae)
0 (j)
0 (d) (e)
Biserrula
pelecinus
0.3
0 (f) (g)
10 (i)
Galega
orientalis
0.3
0 (e)
Hedysarum
coronarium
0.3
0 (j)
0 (d) (e)
Lathyrus
cicera
0 (j)
0 (d) (e)
Medicago
doliata
0 (j)
0 (d) (e)
Medicago
italica
0 (j)
0 (d )(e)
Medicago
littoralis
0 (j)
0 (d) (e)
Medicago
murex
0 (j)
0 (d) (e)
Medicago
polmorpha
0 (j)
0 (d) (e)
Medicago
rugosa
0.3
0 (f) (g)
Medicago
sativa
0 (j)
0 (d) (e)
Medicago
scutellata
0 (j)
0 (d) (e)
Medicago
truncatula
0 (j)
0 (d) (e)
Ornithopus
compressus
0 (j)
0 (d) (e)
0.3
0 (d)
5 (h)
0.3
0 (f) (g)
0 (j)
0 (d) (e)
0 (j)
0 (d) (e)
0 (j)
0 (d) (e)
0 (j)
0 (d) (e)
0 (j)
0 (d) (e)
0.3
0 (f) (g)
0.3
0 (f) (g)
0 (j)
0 (d) (e)
0 (j)
0 (d) (e)
0 (j)
0 (d) (e)
0.3
0 (d)
5 (h)
0.3
0 (j)
0 (d)
5 (h)
0 (d) (e)
0 (j)
0 (d) (e)
where (reference to Tables 1.14 and 1.15)
(a)
states that all fresh and healthy seeds which do not germinate after
pre-treatment shall be regarded as seeds which have germinated;
(b)
refers to hard seeds present which shall be regarded as seed capable
of germination up to the maximum quantity indicated;
(c)
states that a maximum total of 0.8% by weight of seeds of other Poa
species shall not be regarded as an impurity;
(d)
refers to the determination of seeds of Cuscuta spp. by number that
need not be carried out unless there is doubt whether the conditions
laid down in column 13 have been satisfied;
(e)
states that the presence of one seed of Cuscuta spp. in a sample of
the prescribed weight shall not be regarded as an impurity where a
second sample of the same weight is free from any seed of Cuscuta
spp.;
(f)
refers to the weight of the sample for the determination of seeds of
Cuscuta spp. by number which shall be twice the weight specified in
column 4 of Table 1.18 of Schedule IV for the relevant species;
(g)
states that the presence of one seed of Cuscuta spp. in a sample of
the prescribed weight, shall not be regarded as an impurity where a
second sample of twice the prescribed weight is free from any seed
of Cuscuta spp.;
(h)
states that the determination of seeds of Rumex spp. other than
Rumex maritimus by number need not be carried out unless there is
doubt whether the conditions laid down in column 14 have been
satisfied;
(i)
states that the maximum total of 0.5% by weight of seeds of Lupinus
albus, Lupinus angustifolius, Lupinus luteus, Pisum sativum, Vicia
faba and Vicia spp. in another relevant species shall not be regarded
as an impurity;
(j)
states that the determination of seeds of Avena fatua and Avena
sterilis by number need not be carried out unless there is doubt
whether the conditions laid down in column 12 of Table 1.15 have
been satisfied.
Commercial Seed
Subject to the provisions below, the conditions laid down in Tables 1.14
and 1.15 and point 2 (regarding harmful organisms affecting all seed
categories as described in Section II of this Schedule) shall apply to
commercial seed
The percentages by weight laid down in columns 5 and 6 of
Table 1.14 of this Schedule are increased by 1%.
For Poa pratensis, a maximum total of 3% by weight of seeds of
other Poa species shall not be regarded as an impurity;
For Hedysarum coronarium, a maximum total of 1% by weight
of seeds of Melilotus spp. shall not be regarded as an impurity;
In Vicia spp., a maximum total of 6% by weight of seeds of Vicia
pannonica, Vicia villosa, Vicia benghalensis or related cultivated
species in another relevant species shall not be regarded as an
impurity.
In Vicia sativa and Vicia benghalensis the minimum analytical
purity shall be 97% by weight.
For Lathyrus cicera, the minimum analytical purity shall be 90% by the
weight. A maximum total of 5% by weight of seeds of similar cultivated
species shall not be regarded as an impurity.
Seed Potatoes
Pre-basic seed potatoes
Minimum conditions for lots of pre-basic seed potatoes
Pre-basic seed potatoes shall satisfy the following minimum conditions
(a)
presence of earth and extraneous matter shall not exceed 1.0% by
mass;
(b)
the number of potatoes affected by rots, other than ring rot or brown
rot, shall not be present in a quantity exceeding 0.2% by mass;
(c)
the number of potatoes with external blemishes, including
misshapen or damaged tubers, shall not exceed 3.0% by mass;
(d)
the number of potatoes affected by common scab over more than
one third of their surface, shall not exceed 5.0% by mass;
(e)
the number of potatoes affected by black scurf over more than
10.0% of their surface, shall not exceed 1.0% by mass;
(f)
the number of potatoes affected by powdery scab over more than
10.0% of their surface, shall not exceed 1.0% by mass;
(g)
shrivelled tubers due to excessive dehydration or dehydration
caused by silver scurf, shall not exceed 0.5% by mass;
(h)
the total number of potatoes, as referred to in paragraphs (b) to (g)
shall not exceed 6.0% by mass.
Basic and certified seed
Minimum quality conditions for lots of basic and certified seed potatoes
The tolerances allowed for the following impurities, blemishes and
diseases allowed for seed potatoes are the following
(a)
presence of earth and extraneous matter: 1.0% by mass for basic
seed potatoes and 2.0% by mass for certified seed potatoes;
(b)
dry and wet rot combined, except if caused by Synchytrium
endobioticum, Clavibacter michiganensis subsp. sepedonicus or
Ralstonia solanacearum: 0.5% by mass of which wet rot 0.2% by
mass;
(c)
external blemishes, e.g. misshapen or damaged tubers: 3.0% by
mass;
(d)
common scab affecting tubers over more than one third of their
surface: 5.0% by mass;
(e)
black scurf affecting tubers over more than 10.0% of their surface
5.0% by mass;
(f)
powdery scab affecting tubers over more than 10.0% of their
surface: 3.0% by mass;
(g)
shrivelled tubers due to excessive dehydration or dehydration
caused by silver scurf: 1.0% by mass.
Total tolerance for paragraphs (b) to (g): 6.0% by mass for basic seed
potatoes and 8.0% by mass for certified seed potatoes.
Conditions for placing on the market of pre-basic seed potatoes as
"Union grades PBTC and PB"
1. The conditions for pre-basic seed potatoes of "Union grade PBTC" shall be
as follows
(a)
Conditions concerning seed potatoes
(i)
plants not breeding true to the variety, or plants of a different
variety, shall not be present in the crop;
(ii)
plants affected by blackleg shall not be present in the crop;
(iii) in the direct progeny, virus infection shall not be present in the
crop;
(iv) plants with mosaic symptoms or symptoms caused by leaf roll
virus shall not be present in the crop;
(v)
the plants, including tubers, are produced through micro-
propagation;
(vi) the plants, including tubers, are produced in a protected facility
and in a growing medium which is free from pests; and
(vii) tubers shall not be multiplied beyond the first generation.
(b)
Lots shall be free from seed potatoes falling under any of the
following points
(i)
they are affected by rots;
(ii)
they are affected by black scurf;
(iii) they are affected by common scab;
(iv) they are affected by powdery scab;
(v)
they have become excessively shrivelled due to dehydration;
and
(vi) they have external blemishes, including misshapen or damaged
tubers.
2. The conditions for pre-basic seed potatoes of "Union grade PB" shall be as
(a)
Conditions concerning seed potatoes
(i)
the number of plants not breeding true to the variety and the
number of plants of a different variety together, shall not
exceed 0.01%;
(ii)
plants shall be free from symptoms of blackleg;
(iii) the number of growing plants with mosaic symptoms or
symptoms caused by leaf roll virus shall not exceed 0.1%; and
(iv) in the direct progeny, the number of plants with symptoms
caused by any virus, shall not exceed 0.5%.
(b)
Tolerances applicable to lots, as regards the following impurities,
blemishes and diseases
(i)
seed potatoes affected by rots, other than ring rot or brown rot,
shall not exceed 0.2% by mass;
(ii)
seed potatoes affected by black scurf over more than 10.0% of
their surface, shall not exceed 1.0% by mass;
(iii) seed potatoes affected by common scab over more than one
third of their surface, shall not exceed 5.0% by mass;
(iv) seed potatoes affected by powdery scab over more than 10.0%
of their surface, shall not exceed 1.0% by mass;
(v)
shrivelled tubers due to excessive dehydration or dehydration
caused by silver scurf, shall not exceed 0.5% by mass;
(vi) seed potatoes with external blemishes, including misshapen or
damaged tubers, shall not exceed 3.0% by mass;
(vii) the presence of earth and extraneous matter shall not exceed
1.0% by mass; and
(viii) the total percentage of seed potatoes covered by tolerances, as
referred to in points (i) to (vi), shall not exceed 6.0% by mass.
Conditions for placing on the market of basic seed potatoes as "Union
grades S, SE and E"
1. The conditions for basic seed potatoes of "Union grade S" shall be as
(a)
Conditions concerning seed potatoes
(i)
the number of plants not breeding true to the variety and the
number of plants of a different variety shall, together, not
exceed 0.1%;
(ii)
the number of growing plants affected by blackleg shall not
exceed 0.1%;
(iii) in the direct progeny, the number of plants with symptoms of
virus infection shall not exceed 1.0%;
(iv) the number of growing plants with mosaic symptoms and the
number of plants with symptoms caused by leaf roll virus shall,
together, not exceed 0.2%;
(v)
the number of generations, including pre-basic in the field and
basic generations, shall be restricted to five; and
(vi) if the generation is not indicated on the official label, the
potatoes concerned shall be considered as belonging to the fifth
generation.
(b)
Tolerances applicable to lots, as regards the following impurities,
blemishes and diseases
(i)
seed potatoes affected by rots, other than ring rot or brown rot,
shall not exceed 0.5% by mass, of which seed potatoes affected
by wet rot shall not exceed 0.2% by mass;
(ii)
seed potatoes affected by black scurf over more than 10% of
their surface shall not exceed 5.0% by mass;
(iii) seed potatoes affected by common scab over more than one
third of their surface shall not exceed 5.0% by mass;
(iv) seed potatoes affected by powdery scab over more than 10% of
their surface shall not exceed 3.0% by mass;
(v)
shrivelled tubers due to excessive dehydration or dehydration
caused by silver scurf shall not exceed 1.0% by mass;
(vi) seed potatoes with external blemishes, including misshapen or
damaged tubers, shall not exceed 3.0% by mass;
(vii) presence of earth and extraneous matter shall not exceed 1.0%
by mass; and
(viii) the total percentage of seed potatoes covered by tolerances, as
referred to in points (i) to (vi), shall not exceed 6.0% by mass.
2. The conditions for basic seed potatoes of "Union grade SE" shall be as
(a)
Conditions concerning seed potatoes
(i)
the number of plants not breeding true to the variety and the
number of plants of a different variety shall, together, not
exceed 0.1%;
(ii)
the number of growing plants affected by blackleg shall not
exceed 0.5%;
(iii) in the direct progeny the number of plants with symptoms of
virus infection shall not exceed 2.0%;
(iv) the number of growing plants with mosaic symptoms or
symptoms caused by leaf roll virus shall not exceed 0.5%;
(v)
the number of generations, including pre-basic in the field and
basic generations, shall be restricted to six; and
(vi) if the generation is not indicated on the official label, the
potatoes concerned shall be considered as belonging to the
sixth generation.
(b)
Tolerances applicable to lots, as regards the following impurities,
blemishes and diseases
(i)
seed potatoes affected by rots, other than ring rot or brown rot,
shall not exceed 0.5% by mass, of which seed potatoes affected
by wet rot shall not exceed 0.2% by mass;
(ii)
seed potatoes affected by black scurf over more than 10% of
their surface shall not exceed 5.0% by mass;
(iii) seed potatoes affected by common scab over more than one
third of their surface shall not exceed 5.0% by mass;
(iv) seed potatoes affected by powdery scab over more than 10% of
their surface shall not exceed 3.0% by mass;
(v)
shrivelled tubers due to excessive dehydration or dehydration
caused by silver scurf shall not exceed 1.0% by mass;
(vi) seed potatoes with external blemishes, including misshapen or
damaged tubers, shall not exceed 3.0% by mass;
(vii) presence of earth and extraneous matter shall not exceed 1.0%
by mass; and
(viii) the total percentage of seed potatoes covered by tolerances, as
referred to in points (i) to (vi), shall not exceed 6.0% by mass.
3. The conditions for basic seed potatoes of "Union grade E" shall be as
(a)
Conditions concerning seed potatoes
(i)
the number of growing plants not breeding true to the variety
and the number of plants of a different variety shall, together,
not exceed 0.1%;
(ii)
the number of growing plants affected by blackleg shall not
exceed 1.0%;
(iii) in the direct progeny the number of plants with symptoms of
virus infection shall not exceed 4.0%;
(iv) the number of growing plants with mosaic symptoms or
symptoms caused by leaf roll virus shall not exceed 0.8%;
(v)
the number of generations, including pre-basic in the field and
basic generations, shall be restricted to seven; and
(vi) if the generation is not indicated on the official label, the
potatoes concerned shall be considered as belonging to the
seventh generation.
(b)
Tolerances applicable to lots, as regards the following impurities,
blemishes and diseases
(i)
seed potatoes affected by rots, other than ring rot or brown rot,
shall not exceed 0.5% by mass, of which seed potatoes affected
by wet rot shall not exceed 0.2% by mass;
(ii)
seed potatoes affected by black scurf over more than 10% of
their surface shall not exceed 5.0% by mass;
(iii) seed potatoes affected by common scab over more than one
third of their surface shall not exceed 5.0% by mass;
(iv) seed potatoes affected by powdery scab over more than 10% of
their surface shall not exceed 3.0% by mass;
(v)
shrivelled tubers due to excessive dehydration or dehydration
caused by silver scurf shall not exceed 1.0% by mass;
(vi) seed potatoes with external blemishes, including misshapen or
damaged tubers, shall not exceed 3.0% by mass;
(vii) presence of earth and extraneous matter shall not exceed 1.0%
by mass; and
(viii) the total percentage of seed potatoes covered by tolerances, as
referred to in points (i) to (vi), shall not exceed 6.0% by mass.
Conditions for placing on the market of certified seed potatoes as
"Union grades A and B"
1. The conditions for certified seed potatoes of "Union grade A" shall be as
(a)
Conditions concerning seed potatoes
(i)
the number of plants not breeding true to the variety and the
number of plants of a different variety shall, together, not
exceed 0.2%;
(ii)
the number of growing plants affected by blackleg shall not
exceed 2.0%;
(iii) in the direct progeny the number of plants with symptoms of
virus infection shall not exceed 8.0%; and
(iv) the number of growing plants with mosaic symptoms or
symptoms caused by leaf roll virus shall not exceed 2.0%.
(b)
Tolerances applicable to lots, as regards the following impurities,
blemishes and diseases
(i)
seed potatoes affected by rots, other than ring rot or brown rot,
shall not exceed 0.5% by mass, of which seed potatoes affected
by wet rot shall not exceed 0.2% by mass;
(ii)
seed potatoes affected by black scurf over more than 10% of
their surface shall not exceed 5.0% by mass;
(iii) seed potatoes affected by common scab over more than one
third of their surface shall not exceed 5.0% by mass;
(iv) seed potatoes affected by powdery scab over more than 10% of
their surface shall not exceed 3.0% by mass;
(v)
shrivelled tubers due to excessive dehydration or dehydration
caused by silver scurf shall not exceed 1.0% by mass;
(vi) seed potatoes with external blemishes, including misshapen or
damaged tubers, shall not exceed 3.0% by mass;
(vii) presence of earth and extraneous matter shall not exceed 2.0%
by mass; and
(viii) the total percentage of seed potatoes covered by tolerances, as
referred to in points (i) to (vi), shall not exceed 8.0% by mass.
2. The conditions for certified seed potatoes of "Union grade B" shall be as
(a)
Conditions concerning seed potatoes
(i)
the number of plants not breeding true to the variety and the
number of plants of a different variety shall, together, not
exceed 0.5%;
(ii)
the number of growing plants affected by blackleg shall not
exceed 4.0%;
(iii) in the direct progeny the number of plants with symptoms of
virus infection shall not exceed 10.0%; and
(iv) the number of growing plants with mosaic symptoms or
symptoms caused by leaf roll virus shall not exceed 6.0%.
(b)
Tolerances applicable to lots, as regards the following impurities,
blemishes and diseases
(i)
seed potatoes affected by rots, other than ring rot or brown rot,
shall not exceed 0.5% by mass, of which seed potatoes affected
by wet rot shall not exceed 0.2% by mass;
(ii)
seed potatoes affected by black scurf over more than 10% of
their surface shall not exceed 5.0% by mass;
(iii) seed potatoes affected by common scab over more than one
third of their surface shall not exceed 5.0% by mass;
(iv) seed potatoes affected by powdery scab over more than 10% of
their surface shall not exceed 3.0% by mass;
(v)
shrivelled tubers due to excessive dehydration or dehydration
caused by silver scurf shall not exceed 1.0% by mass;
(vi) seed potatoes with external blemishes, including misshapen or
damaged tubers, shall not exceed 3.0% by mass;
(vii) presence of earth and extraneous matter shall not exceed 2.0%
by mass; and
(viii) the total percentage of seed potatoes covered by tolerances, as
referred to in points (i) to (vi), shall not exceed 8.0% by mass.
2. Vegetables
Basic seed, certified seed and standard seed
1. Varietal identity and varietal purity
The seeds shall possess sufficient varietal identity and purity.
2. Seed health
Diseases and harmful organisms that reduce the usefulness of the seeds
shall be at the lowest possible level.
Additional requirements
(i)
Legume seeds shall not be contaminated by the following live insects
Acanthoscelides obtectus Sag.
Bruchus affinis Froel.
Bruchus atomarius L.
Bruchus pisorum L.
Bruchus rufimanus Boh..
(ii)
Seeds must not be contaminated with live Acarina.
3. Standards or conditions to be met by the seeds
The seeds shall satisfy the standards or conditions shown in Table 1.16.
Table 1.16
Maximum content of
Minimum
Minimum analytical
germination (%
Species
seeds of other plant
purity (% by weight)
species (% by weight) clusters of pure seed)
0.5
Allium cepa
0.5
Allium fistulosum
0.5
Allium porrum
0.5
Allium sativum
0.5
Allium schoenoprasum
1.0
Anthriscus cerefolium
1.0
Apium graveolens
0.5
Asparagus officinalis
Beta vulgaris (Cheltenham
0.5
50 (clusters)
Beta vulgaris (others)
0.5
70 (clusters)
Brassica oleracea
(cauliflower)
1.0
Brassica oleracea (other
than cauliflower)
1.0
Brassica rapa (Chinese
cabbage)
1.0
Brassica rapa (turnip)
1.0
0.5
Capsicum annuum
1.0
Cichorium endivia
Cichorium intybus (Witloof
& large-leaved chicory
[Italian chicory])
1.5
Cichorium intybus
(Industrial chicory)
1.0
0.1
Citrullus lanatus
0.1
Cucumis melo
0.1
Cucumis sativus
0.1
Cucurbita maxima
0.1
Cucurbita pepo
0.5
Cynara cardunculus
1.0
Daucus carota
1.0
Foeniculum vulgare
0.5
Lactuca sativa
0.5
Lycopersicon lycopersicum
1.0
Petroselinum crispum
0.1
Phaseolus coccineus
0.1
Phaseolus vulgaris
0.1
Pisum sativum
1.0
Raphanus sativus
1.0
Rheum rhabarbarum
0.5
Scorzonera hispanica
0.5
Solanum melongena
1.0
Spinacia oleracea
1.0
Valerianella locusta
0.1
Vicia faba
0.1
Zea mays
In the case of varieties of Zea mays (sweetcorn – super-sweet types), the
required minimum germination capacity is reduced to 80% of pure seed.
The official label or the supplier’s label, where appropriate, shall include
the words "Minimum germination capacity 80%.
(1)
For the purpose of these regulations, the following Definitions.
general definitions shall apply
"agricultural plants" are plants that are subdivided into
(a) cereals that are plants of the genera and species listed
in Table 1.1 of Schedule I, intended for agricultural or
horticultural production other than the production for ornamental
purposes;
(b) fodder plants that are plants of genera and species
listed in Tables 1.2 and 1.3 of Schedule I irrespective of the use
for which the seeds as grown is intended;
(c) seed potatoes that are tubers or propagation material
for planting other than true potato seed, of the genus and species
stated in Table 1.4 of Schedule I;
"the Act" means the Plant Quarantine Act;
"the Directorate" means the Directorate or Department
responsible for plant health and which is the national responsible
official body for the scope of these regulations;
"the Director" means the Director responsible for the Directorate;
"genetically-modified seed" refers to seed that has its genetic
material altered in a way that does not exist naturally within the
meaning of Directive 2001/18/EC as transposed in the Deliberate
Release into the Environment of Genetically Modified Organisms
Regulations;
"marketing" refers to the sale, holding with a view to sale, offer
for sale and any disposal, supply or transfer aimed at commercial
exploitation of seed to third parties, whether or not for consideration,
and "market" and "marketed" shall be construed accordingly
Provided that trade in seed that is not aimed at commercial
exploitation of the variety, such as the following operations, shall not
be regarded as marketing
(a)
the supply of seed to official testing and inspection
bodies;
(b) the supply of seed to providers of services for
processing or packaging, provided that the provider of services
does not acquire title to seed thus supplied
Provided further that the supply of seed, under certain
conditions to providers of services for the production of certain
agricultural raw materials, intended for industrial purposes, or seed
propagation for that purpose, shall not be regarded as marketing,
provided that the provider of services does not acquire title to either
the seed thus supplied or the product of the harvest. The supplier of
seed shall provide the Directorate with a copy of the relevant parts of
the contracts made with the provider of services and this shall include
the standards and conditions currently met by the seed provided;
"mother plant" means an identified plant from which material is
taken for propagation;
"micro-propagation" means the practice of rapidly multiplying
plant material to produce a large number of plants using culture in
vitro of differentiated vegetative buds or meristem taken from a plant;
"official examination" means
(a) an examination carried out by or on behalf of the
Directorate, subject to an application for such examination
having been done to the Director in such form and manner and at
such time as the Director may, at his discretion, require and to
the payment of any fees;
(b) an examination carried out by or on behalf of the said
Directorate; or
(c) in relation to seed produced elsewhere other than in
Malta, an examination approved by the Directorate;
"official label" means a label issued or authorised by the
Directorate;
"official measures" are measures taken by
(a)
the Directorate;
(b) any legal person acting under the responsibility of the
Directorate; or
(c) any natural person duly designated for that purpose,
in the case of ancillary activities, which are also subject to the
Directorate’s control
Provided that the persons mentioned under paragraphs (b)
and (c) derive no private gain from such measures;
"seed lot" means an identifiable consignment of seed of a weight
not exceeding that specified in Schedule IV, bearing a unique reference
number, in which the seed shall have been mixed or blended so that, as
far as is practicable, the seed lot shows no evidence of heterogeneity;
"seed as grown" means seed as harvested, marketed for
processing, provided that the identity of the seed is ensured;
"small packages of fodder plants" refers to packages of seed
containing a net weight of not more than 10 kilograms of pre-basic
seed;
"small EC A packages of fodder plants" are packages containing
a mixture of seeds not intended for the production of fodder plants
with a net weight of not more than 2 kilograms, excluding, where
appropriate, granulated pesticides, pelleting substances or other solid
additives;
"small EC B packages of fodder plants" are packages which may
contain basic seed, certified seed, commercial seed or, if the packages
concerned are not small EC A packages, a mixture of seed with a net
weight not exceeding 10 kilograms excluding, where appropriate,
granulated pesticides, pelleting substances or other solid additives;
"small EC packages of vegetables" refers to packages with
certified seed or standard seed up to a maximum net weight as
specified hereunder
(a)
5 kilograms for legumes;
(b) 500 grams for asparagus, red beet or beetroot, carrots,
gourd, marrows, onions, radish, spinach, spinach beet or chard,
turnips and watermelons; and
(c)
100 grams for all other species of vegetables;
"vegetables" are plants of the genera and species listed in Table
1.5 of Schedule I and intended for agricultural or horticultural
production but not for ornamental uses.
(2)
The following definitions shall apply in respect of cereals
"basic seed of hybrids of oats, barley, rye, wheat, durum wheat,
spelt wheat and self-pollinating x Triticosecale" means seed which -
(a)
is intended for the production of hybrids;
(b) subject to the provisions of regulation 14, satisfies the
conditions laid down in Schedules II and III for basic seed; and
(c) has been found by official examination or in the case
of the conditions laid down in Schedule III, either by official
examination or by examination carried out under official
supervision to satisfy the conditions set out in paragraphs (a) and
"basic seed of maize and sorghum species" refers to seed that can
(a) basic seed of open-pollinated varieties which refers to
seed that-
(i) has been produced under the responsibility of
the breeder according to accepted practices for the
maintenance of the variety;
(ii) is intended for the production of certified seed
of the same varieties, top cross hybrids or of inter-varietal
hybrids;
(iii) subject to the provisions of regulation 14,
satisfies the conditions laid down in Schedules II and III for
basic seed; and
(iv) has been found by official examination or in the
case of the conditions laid down in Schedule III, either by
official examination or by examination carried out under
official supervision to satisfy the conditions set out in sub-
paragraphs (i), (ii) and (iii);
(b)
basic seed of inbred lines refers to seed which-
(i) subject to the provisions of regulation 14,
satisfies the conditions laid down in Schedules II and III for
basic seed; and
(ii) has been found by official examination or in the
case of the conditions laid down in Schedule III, either by
official examination or by examination carried out under
official supervision to satisfy the conditions set out in sub-
paragraph (i);
(c)
basic seed of simple hybrids means seed that -
(i) is intended for the production of double
hybrids, triple cross or top cross hybrids;
(ii)
subject to the provisions of regulation 14,
satisfies the conditions laid down in Schedules II and III for
basic seed; and
(iii) has been found by official examination or in the
case of the conditions laid down in Schedule III, either by
official examination or by examination carried out under
official supervision to satisfy the conditions set out in sub-
paragraphs (i) and (ii);
"basic seed of oats, barley, canary grass, rye, wheat, durum
wheat, spelt wheat and self-pollinating x Triticosecale, other than
hybrids in each case" refers to seed that -
(a) has been produced by or under the responsibility of
the breeder, according to accepted practices for the maintenance
of the variety;
(b) is intended for the production of certified seed,
certified seed of the first generation or certified seed of the
second generation;
(c) subject to the provisions of regulation 14, satisfies the
conditions laid down in Schedules II and III for basic seed, and
(d) has been found by official examination or in the case
of the conditions laid down in Schedule III, either by official
examination or by examination carried out under official
supervision to satisfy the conditions set out in paragraphs (a), (b)
and (c);
"certified seed of canary grass, other than hybrids, rye, sorghum,
sudan grass, maize and hybrids of oats, barley, wheat, durum wheat,
spelt wheat and self-pollinating x Triticosecale" refers to seed which -
(a) has originated directly from basic seed or, if the
breeder so requests, from pre-basic seed which can satisfy and
has been found, by official examination, to satisfy the conditions
laid down in Schedules II and III for basic seed;
(b) is intended for purposes other than the production of
cereal seed;
(c) subject to the provisions of regulation 14, satisfies the
conditions laid down in Schedules II and III for certified seed;
(d) has been found by official examination or by
examination carried out under official supervision to satisfy the
conditions set out in paragraphs (a), (b) and (c);
"certified seed of the first generation of oats, barley, wheat,
durum wheat, spelt wheat and self-pollinating x Triticosecale, other
than hybrids" in each case refers to seed which -
(a) has been produced directly from basic seed or, if the
breeder so requests, from pre-basic seed, which has been found
by official examination, to satisfy the conditions laid in
Schedules II and III for basic seed;
(b) is intended either for the production of certified seed
of the second generation or for purposes other than the
production of cereal seed;
(c) satisfies the conditions laid down in Schedules II and
III for certified seed of the first generation; and
(d) has been found by official examination or by
examination carried out under official supervision to satisfy the
conditions set out in paragraphs (a), (b) and (c);
"certified seed of the second generation of oats, barley, wheat,
durum wheat, spelt wheat and self-pollinating x Triticosecale, other
than hybrids" in each case means seed that -
(a) has been produced directly from basic seed, from
certified seed of the first generation, or if the breeder so requests,
from seed of a generation prior to basic seed which has been
found by official examination to satisfy conditions laid down in
Schedules II and III for basic seed;
(b) is intended for purposes other than the production of
cereal seed;
(c) satisfies the conditions laid down in Schedules II and
III for certified seed of the second generation; and
(d) has been found by official examination or by
examination carried out under official supervision to satisfy the
conditions set out in paragraphs (a), (b) and (c);
"pre-basic seed" means seed -
(a) of a generation earlier than that of basic seed and has
been produced by or under the responsibility of the breeder;
(b)
which is intended for the production of basic seed or,
if the breeder so requests, certified seed, certified seed of the first
generation or certified seed of the second generation; and
(c)
which satisfies the requirements for basic seed;
"varieties, hybrids and inbred lines of maize and sorghum
species" refer to -
(a) the open-pollinated variety which is a sufficiently
uniform and stable variety;
(b) the inbred line which is a sufficiently uniform and
stable line, obtained either by artificial self-fertilization
accompanied with selection over several successive generations
or by equivalent operations;
(c) the simple hybrid which refers to the first generation
of a cross, defined by the breeder, between two inbred lines;
(d) the double hybrid which is the first generation of a
cross, defined by the breeder, between two simple hybrids;
(e) the triple cross hybrid meaning the first generation of
a cross, defined by the breeder, between an inbred line and a
simple hybrid;
(f) the top cross hybrid being the first generation of a
cross, defined by the breeder, between either an inbred line or a
simple hybrid and an open-pollinated variety;
(g) the inter-varietal hybrid which refers to the first
generation of a cross, defined by the breeder, between plants
grown from basic seed of two open-pollinated varieties, defined
by the breeder.
(3)
The following definitions shall apply in respect of fodder
plants
"basic seed of bred varieties" refers to seed which -
(a) has been produced under the responsibility of the
breeder according to accepted practices for the maintenance of
the variety;
(b)
is intended for the production of certified seed;
(c) subject to the provisions of regulation 16, satisfies the
conditions laid down in Schedules II and III for basic seed; and
(d) has been found by official examination or, in the case
of the conditions laid down in Schedule III, either by official
examination or by examination carried out under official
supervision, to satisfy the conditions set out in paragraphs (a),
(b) and (c);
"basic seed of local varieties" refers to seed that -
(a) has been produced under official control from
material officially accepted as being of the local variety on one
or more holdings situated within a clearly demarcated region of
origin;
(b)
is intended for the production of certified seed;
(c) subject to the provisions of regulation 14, satisfies the
conditions laid down in Schedules II and III for basic seed; and
(d) has been found by official examination or, in the case
of the conditions laid down in Schedule III, either by official
examination or by examination carried out under official
supervision, to satisfy the conditions set out in paragraphs (a),
(b) and (c);
"certified seed of all the species listed in Tables 1.2 and 1.3 of
Schedule I other than Medicago sativa, Pisum sativum, Vicia faba and
Vicia sativa" refers to seed which -
(a) has been produced directly from basic seed, or if the
breeder so requests, from seed of a generation prior to basic seed
which has been found, by official examination, to satisfy the
conditions laid in Schedules II and III for basic seed;
(b)
is intended for purposes other than the production of
seed;
(c) subject to the provisions of regulation 14, satisfies the
conditions laid down in Schedules II and III for certified seed;
and
(d) has been found by official examination or by
examination carried out under official supervision to satisfy the
conditions set out in paragraphs (a), (b) and (c);
"certified seed of the first generation of Medicago sativa, Pisum
sativum, Vicia faba and Vicia sativa" means seed which -
(a)
has been produced directly from basic seed, or if the
breeder so requests, from seed of a generation prior to basic seed
which has been found by official examination to satisfy
conditions laid in Schedules II and III for basic seed;
(b) is intended either for the production of certified seed
of the second generation or for purposes other than the
production of fodder plant seeds;
(c) subject to the provisions of regulation 14, satisfies the
conditions laid down in Schedules II and III for certified seed;
and
(d) has been found by official examination or by
examination carried out under official supervision, to satisfy the
conditions set out in paragraphs (a), (b) and (c);
"certified seed of the second generation of Medicago sativa,
Pisum sativum, Vicia faba and Vicia sativa" refers to seed which -
(a) has been produced directly from basic seed, from
certified seed of the first generation or, if the breeder so requests,
from seed of a generation prior to basic seed which can satisfy
and has been found by official examination to satisfy conditions
laid in Schedules II and III for basic seed;
(b) is intended for purposes other than the production of
seeds of fodder plants;
(c) subject to the provisions of regulation 14 regarding
seed as grown, satisfies the conditions laid down in Schedules II
and III for certified seed; and
(d) has been found by official examination or by
examination carried out under official supervision, to satisfy the
conditions set out in paragraphs (a), (b) and (c);
"commercial seed" refers to seed which -
(a)
is identifiable as belonging to a species;
(b) subject to the provisions of regulation 14, satisfies the
conditions laid down in Schedule III for commercial seed; and
(c) has been found by official examination or by
examination carried out under official supervision, to satisfy the
conditions set out in paragraph (a) and (b).
(4)
The following definitions shall apply in respect of potatoes
"basic seed potatoes" refers to potato tubers which -
(a) have been produced according to accepted practices
for the maintenance of the variety and of health;
(b) are intended mainly for the production of certified
seed potatoes;
(c) satisfy the minimum conditions laid down in
Schedules II and III for basic seed potatoes; and
(d) have been found by official examination, to satisfy
the minimum conditions mentioned above;
"certified seed potatoes" means potato tubers that -
(a) are of direct descent from basic seed, certified seed or
from seed of a generation prior to basic seed which have been
found by official examination, to satisfy the conditions laid down
in Schedules II and III for basic seed;
(b) are intended mainly for the production of potatoes
other than seed potatoes;
(c) satisfy the minimum conditions laid down in
Schedules II and III for certified seed potatoes; and
(d) have been found by official examination, to satisfy
the above minimum conditions;
"pre-basic seed potatoes" refers to potato tubers which -
(a) have been produced in accordance with accepted
practices for the maintenance of the variety and of health;
(b)
are intended mainly for the production of basic seed;
(c)
satisfy the minimum conditions for pre-basic seed;
(d) have been found by official examination, to satisfy
the minimum conditions referred to in paragraph (c) of this
definition.
(5) The following definitions shall apply in respect of
vegetables
"basic seed" refers to seed which -
(a) has been produced under the responsibility of the
breeder according to accepted practices for the maintenance of
the variety;
(b)
is intended for the production of certified seed;
(c) subject to the provisions of regulation 14, satisfies the
conditions laid down in Schedules II and III for basic seed; and
(d) has been found by official examination or, in the case
of the conditions laid down in Schedule III, either by official
examination or examination carried out under official
supervision to satisfy the conditions set out in paragraphs (a), (b)
and (c);
"certified seed" means seed that -
(a) is produced directly from basic seed or, if the breeder
so requests, from pre-basic seed, which can satisfy and has been
found by official examination, to satisfy the conditions laid down
in Schedules II and III for basic seed;
(b)
is intended mainly for the production of vegetables;
(c) subject to the provisions of regulation 14, satisfies the
conditions in Schedules II and III for certified seed;
(d) has been found by official examination or by
examination carried out under official supervision to satisfy the
conditions set out in paragraphs (a), (b) and (c); and
(e) is subject to official post-control examination by
check inspection to verify its varietal identity and varietal purity;
"standard seed" means seed of vegetables which -
(a)
has sufficient varietal identity and varietal purity;
(b)
is intended mainly for the production of vegetables;
(c)
satisfies the conditions laid down in Schedule III; and
(d) is subject to official post-control by check inspection
to verify its varietal identity and varietal purity.
[Regulation 10(4)]
(Sampling of seed lots
1. Agricultural plants
I.
Cereals
The maximum weight of a seed lot and the minimum weight of a
submitted sample shall be as indicated in Table 1.17. The maximum lot weight shall
not exceed that indicated by more than 5%.
Table 1.17
Species
Maximum
Minimum
Weight of a
weight of a lot
weight of a
sample for
(tonnes)
sample to be determination
drawn from a
by number
lot (grams) provided for in
Table 1.11 &
columns 4 to 8
of Table 1.12
(Schedule III)
(grams)
Avena nuda
Avena sativa
Avena strigosa
Hordeum vulgare
Triticum aestivum
Triticum durum
Triticum spelta
x Triticosecale
Secale cereale
Phalaris canariensis
Sorghum bicolor (L.) Moench
Sorghum sudanense (Piper) Stapf
Hybrids of Sorghum bicolor (L.) Moench
x S. sudanense (Piper) Stapf
Zea mays, basic seed of inbred lines
Zea mays, basic seed other than inbred
lines; certified seed
II.
Fodder Plants
The table below (Table 1.18) shows the maximum weight of a seed lot
and the minimum submitted sample weight. The maximum lot weight shall not be
exceeded by more than 5%.
Table 1.18
Species
Maximum
Minimum
Weight of the
weight of a
weight of a sample for the
seed lot
sample to be determination
(tonnes)
drawn from a
by number
lot (grams) provided for in
columns 3 to 7
of Table 1.13 &
columns 12 to
14 of Table
1.15 (Schedule
III) (grams)
Poaceae (Gramineae)(*)
Agrostis canina
Agrostis capillaris
Agrostis gigantea
Agrostis stolonifera
Cynodon dactylon
Festuca filiformis
Festuca ovina
Festuca pratensis
Festuca rubra
Festuca trachyphylla
Lolium multiflorum
Lolium perenne
Poa pratensis
Fabaceae (Leguminosae)
Biserrula pelecinus
Galega orientalis
Hedysarum coronarium
-
fruit
-
seed
Lathyrus cicera
Medicago doliata
Medicago italica
Medicago littoralis
Medicago murex
Medicago polymorpha
Medicago rugosa
Medicago sativa
Medicago scutellata
Medicago truncatula
Ornithopus compressus
Ornithopus sativus
Pisum sativum
Trifolium alexandrinum
Trifolium fargiferum
Trifolium glanduliferum
Trifolium hirtum
Trifolium isthmocarpum
Trifolium michelianum
Trifolium pratense
Trifolium squarrosum
Trifolium subterraneum
Trifolium vesiculosum
Vicia benghalensis
Vicia faba
Vicia sativa
Other species
Brassica oleracea convar. acephala
Plantago lanceolata
(*) the maximum lot weight may be increased to 25 tonnes if the supplier has been authorised
for this purpose by the competent authority.
2. Vegetables
A.
Maximum weight of a seed lot
Table 1.19 indicates the maximum weight of a seed lot that must not be
exceeded by more than 5%
Table 1.19
Category
Maximum lot weight
(tonnes)
Seeds of Phaseolus coccineus, Phaseolus vulgaris, Pisum sativum
and Vicia faba
Seeds of a size not less than that of a grain of wheat, other than
Phaseolus coccineus, Phaseolus vulgaris, Pisum sativum and Vicia faba
Seeds of a size smaller than a grain of wheat
B.
Sample weight of vegetable seeds
The minimum submitted sample weight of vegetable seed is indicated
below (Table 1.20)
Table 1.20
Species
Weight (grams)
Allium cepa
Allium fistulosum
Allium porrum
Allium sativum
Allium schoenoprasum
Anthriscus cerefolium
Apium graveolens
Asparagus officinalis
Beta vulgaris
Brassica oleracea (all kinds)
Brassica rapa
Capsicum annuum
Cichorium endivia
Cichorium intybus (Witloof & large-leaved chicory [Italian chicory])
Cichorium intybus (Industrial chicory)
Citrullus lanatus
Cucumis melo
Cucumis sativus
Cucurbita maxima
Cucurbita pepo
Cynara cardunculus
Daucus carota
Foeniculum vulgare
Lactuca sativa
Petroselinum crispum
Phaseolus coccineus
Phaseolus vulgaris
Pisum sativum
Raphanus sativus
Rheum rhabarbarum
Scorzonera hispanica
Solanum lycopersicum
Solanum melongena
Spinacia oleracea
Valerianella locusta
Vicia faba
Zea mays
In the case of F 1 hybrid varieties of the species mentioned in Table 1.20, the
minimum weight of the submitted sample may be reduced to a quarter of the weight
specified for the variety. However, the sample must have a weight of at least 5g and
consists of at least 400 seeds.
(1) Any person or entity introducing or importing in Malta
seeds from another EU Member State or from a third country shall
notify the Directorate, forty-eight hours prior to the arrival of the
material in Malta, by means of the EU Plant Movement Notification
form or the Third Countries Notification form available on the
Directorate’s website, of each lot supplied or received by them.
(2) Any person or entity that produces in Malta seeds of the
genera and species and their hybrids listed in Schedule I of these
regulations shall notify the Directorate before the start of the sowing
season by means of the Notification of Production of Seeds form and
following guidelines issued by the Directorate and made available on
the Directorate’s website.
[Regulation 13(1)]
Official labelling of seed packages
1. Agricultural plants
Cereals
Pre-basic seed
(a)
Required information for the label
Certification authority and Member State or their distinguishing
abbreviations,
Reference number of lot,
Month and year of sealing expressed thus: "sealed …. (month and
year)" or month and year of the last official sampling for the purposes of
certification expressed thus: "sampled …. (month and year)",
Species, indicated at least under its botanical name, which may be
given in an abridged form and without the authors’ name, in Latin characters,
Variety, indicated at least in Latin characters,
"Pre-basic seed",
Declared net or gross weight, or declared number of seeds,
Number of generations preceding seed of the categories certified
seed or certified seed of the first generation,
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.
(b)
Minimum size of the label is 110mm x 67mm.
(c)
The label shall be coloured white with a diagonal violet line.
Basic and certified seed
(a)
Required information for the label
"EC rules and standards",
Certification authority and Member State or their distinguishing
abbreviations,
Officially assigned serial number,
Reference number of lot,
Month and year of sealing expressed thus: "sealed …. (month and
year)" or month and year of the last official sampling for the purposes of
certification expressed thus: "sampled …. (month and year)",
Species, indicated at least under its botanical name, which may be
given in abridged form and without the authors’ names, in Latin characters,
Variety, indicated at least in Latin characters,
Category,
Country of production,
Declared net or gross weight, or declared number of seeds,
Where weight is indicated and granulated pesticides, pelleting
substances or other solid additives are used, the nature of the additive and also
the approximate ratio between the weight of pure seeds and the total weight,
In the case of varieties which are hybrids or inbred lines
(i) for basic seed where the hybrid or inbred line to which the seeds belongs
has been officially accepted under these regulations: 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";
(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 seeds belongs,
accompanied by the word "hybrid",
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.
In certain circumstances, the requirement to indicate the botanical name in
respect of individual species may be disregarded and, where appropriate, for limited
periods where it has been established that the disadvantages of its implementation
outweigh the advantages expected for the marketing of seed.
(b)
Minimum size of the label is 110mm x 67mm.
(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.
C.
Seed mixtures
(a)
Required information for the label
"Mixture of …. (species or varieties)",
Authority responsible for sealing and Member State or their
distinguishing abbreviations,
Officially assigned serial number,
Reference number of the lot,
Month and year of sealing expressed thus: "sealed …. (month and
year)",
Species, category, variety and country of production and proportion
by weight of each of the components; the names of the species and varieties
shall be indicated at least in Latin characters,
Declared net or gross weight, or declared number of seeds,
Where weight is indicated and granulated pesticides, pelleting
substances or other solid additives are used, the nature of the additive and also
the approximate ratio between the weight of pure seeds and the total weight,
Where at least germination of all the components of the mixture 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,
"Marketing permitted exclusively in .…".
(b)
Minimum dimensions of the label is 110mm x 67mm.
(c)
The label shall be coloured green.
D. Seed not finally certified or harvested in another Member State
(1) (a) Required information for the label
Authority responsible for field inspection and Member State or their
distinguishing abbreviations,
Officially assigned serial number,
Species, indicated at least under its botanical name, which may be
given in an abridged form and without the authors’ names, in Latin characters,
Variety, indicated at least in Latin characters (in the case of inbred
lines and hybrids which are intended solely as components for hybrid varieties,
the word "component" shall be added),
Category,
In the case of hybrid varieties, the word "hybrid" shall be added,
Declared net or gross weight,
The words "seed not finally certified".
In certain circumstances, the requirement to indicate the botanical name
in respect of individual species may be disregarded and, where appropriate, for
limited periods where it has been established that the disadvantages of its
implementation outweigh the advantages expected for the marketing of seed.
(b) The label shall be coloured grey.
(2)
Required information for the document
Authority issuing the document,
Officially assigned serial number,
Species, indicated at least under its botanical name, which may be
given in an abridged form and without the authors’ names, in Latin characters,
Variety, indicated at least in Latin characters,
Category,
Reference number of the seed used to sow the field and name of the
country or countries which certified that seed,
Field or lot reference number,
Area cultivated for the production of the lot covered by the
document,
Quantity of seed harvested and number of packages,
Number of generations after basic seed, in the case of certified seed,
Attestation that the conditions to be satisfied by the crop from which
the seed comes have been fulfilled,
Where appropriate, results of a preliminary seed analysis.
Fodder Plants
Pre-basic seed
(a)
Required information for the label
Certifying
authority
and
country
and
their
distinguishing
abbreviations,
Reference number of lot,
Month and year of sealing expressed thus: "sealed …. (month and
year)" or month and year of the last official sampling for the purposes of
certification expressed thus: "sampled …. (month and year)",
Species, indicated at least under its botanical name, which may be
given in an abridged form and without the authors’ name, in Latin characters,
Variety, indicated at least in Latin characters,
"Pre-basic seed",
Country of production,
Declared net or gross weight, or declared number of seeds,
Number of generations preceding seeds of the category certified seed
or certified seed of the first generation,
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.
(b)
Minimum size of the label is 110mm x 67mm.
(c)
The label shall be coloured white with a diagonal violet line.
B. Basic seed, certified seed, certified seed of the first and second
generations
(a)
Required information for the label
"EC rules and standards",
Certifying authority and Member State and their distinguishing
abbreviations,
Officially assigned serial number,
Reference number of the lot,
Month and year of sealing expressed thus: "sealed …. (month and
year)", or month and year of the last official sampling for the purposes of
certification expressed thus: "sampled .… (month and year)",
Species, indicated at least under its botanical name, which may be
given in abridged form and without the authors’ names, in Latin characters,
Variety indicated at least in Latin characters,
Category,
Country of production,
Declared net or gross weight, or declared number of pure seeds,
Where weight is indicated and granulated pesticides, pelleting
substances or other solid additives are used, the nature of the additive and also
the approximate ratio between the weight of pure seeds and the total weight,
For certified seed of the second generation and subsequent
generations after basic seed: number of generations after basic seed,
For seed of grass varieties [Poaceae (Gramineae)], in respect of
which no official examination of their value for cultivation and use has been
carried out (regulation 8 of these regulations): "Not intended for the production
of fodder plants",
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.
In certain circumstances, the requirement to indicate the botanical name in
respect of individual species may be disregarded and, where appropriate, for limited
periods where it has been established that the disadvantages of its implementation
outweigh the advantages expected for the marketing of seed.
(b)
Minimum size of the label is 110mm x 67mm.
(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.
C.
Commercial seed
(a)
Required information for the label
"EC rules and standards",
"Commercial seed (not certified as to variety)",
Supervising authority and Member State or their distinguishing
abbreviations,
Officially assigned serial number,
Reference number of lot,
Month and year of sealing expressed thus: "sealed …. (month and
year)" or month and year of the last official sampling for the purposes of
certification expressed thus: "sampled .… (month and year)",
Species, indicated at least under its botanical name, which may be
given in abridged form and without the authors’ names, in Latin characters,
Area of production,
Declared net or gross weight, or declared number of pure seeds,
Where weight is indicated and granulated pesticides, pelleting
substances or other solid additives are used, the nature of the additive and also
the approximate ratio between the weight of pure seed and the total weight,
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.
In certain circumstances, the requirement to indicate the botanical name in
respect of individual species may be disregarded and, where appropriate, for limited
periods where it has been established that the disadvantages of its implementation
outweigh the advantages expected for the marketing of seed.
(b)
Minimum size of the label is 110mm x 67mm.
(c)
The label shall be coloured brown.
D.
Seed mixtures
(a) Required information for the label
"Seed mixture for …. (intended use)",
Authority responsible for sealing and Member State or their
distinguishing abbreviations,
Officially assigned serial number,
Reference number of lot,
Month and year of sealing expressed thus: "sealed …. (month and
year)",
Percentage by weight of the various components shown by species
and, where appropriate, by variety, both indicated at least in Latin characters; it
is sufficient to give the name of the mixture if the percentage by weight has
been notified in writing to the purchaser and officially recorded,
Declared net or gross weight, or declared number of seeds,
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,
Where at least germination of all the components of the mixture 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.
(b)
Minimum size of the label is 110mm x 67mm.
(c)
The label shall be coloured green.
"E. Seed not finally certified or harvested in another Member State
(1) (a) Required information for the label
Authority responsible for field inspection and Member State or their
distinguishing abbreviations,
Officially assigned serial number,
Species, indicated at least under its botanical name, which may be
given in an abridged form and without the authors’ names, in Latin characters,
Variety, indicated at least in Latin characters,
Category,
Field or lot reference number,
Declared net or gross weight,
The words "seed not finally certified".
In certain circumstances, the requirement to indicate the botanical name
in respect of individual species may be disregarded and, where appropriate, for
limited periods where it has been established that the disadvantages of its
implementation outweigh the advantages expected for the marketing of seed.
(b) The label shall be coloured grey.
(2)
Information required for the document
Authority issuing the document,
Officially assigned serial number,
Species, indicated at least under its botanical name, which may be
given in an abridged form and without the authors’ name, in Latin characters,
Variety, indicated at least in Latin characters,
Category,
Reference number of the seed used to sow the field and name of the
country or countries which certified the seed,
Field or lot reference number,
Area cultivated for the production of the lot covered by the
document,
Quantity of seed harvested and number of packages,
Number of generations after basic seed, in the case of certified seed,
Attestation that the conditions to be satisfied by the crop from which
the seed comes have been fulfilled,
Where appropriate results of a preliminary seed analysis.
Supplier’s label for small EC B packages of certified or commercial seed
other than a mixture
(a)
Required information for the label
"Small EC B package",
Name and address of supplier responsible for marking or his
identification mark,
Service which assigned the serial number and Member State or their
distinguishing abbreviations,
Reference number if the official serial number does not enable the
admitted seed lot to be identified,
Species, indicated at least in Latin characters,
Variety, indicated at least in Latin characters (for certified seed only),
"Category" (in the case of certified seed) or "Commercial seed",
Net or gross weight, or number of pure seeds,
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,
In the case of certified seed of grass varieties [Poaceae (Gramineae)],
in respect of which no official examination of their value for cultivation and use
has been carried out (regulation 2 of these regulations): "Not intended for the
production of fodder plants".
(b)
Minimum size of the label is 110mm x 67mm.
(c) The label shall be coloured blue for certified seed and certified seed of
the first generation and red for certified seed of the second generation.
Supplier’s label for small packages of seed mixtures
(a)
Required information for the label
"Small EC A package" or "Small EC B package",
Name and address of supplier responsible for marking or his
identification mark,
Small EC B package: officially assigned serial number,
Small EC B package: service which assigned the serial number and
Member State or their distinguishing abbreviations,
Small EC B package: reference number if the official serial number
does not enable the used seed lots to be identified,
Small EC A package: reference number enabling the used seed lots to
be identified,
Small EC A package: country or its distinguishing abbreviation,
"Seed-mixture for …. (intended use)",
Net weight or gross weight, or number of pure seeds,
Where weight is indicated and granulated pesticides, pelleting
substances, or other solid additives are used, the nature of the additives and the
approximate ratio between the weight of pure seeds and the total weight,
Percentage by weight of the various components shown by species
and, where appropriate, by variety both indicated at least in Latin characters; it
is sufficient to give part of this information, as Malta may prescribe for small
packages produced in its territory, and a reference to the kind of mixture if the
proportion by weight can be communicated to the purchaser on request and has
been officially recorded.
(b)
Minimum size of the label is 110mm x 67mm.
(c)
The label shall be coloured green.
Seed Potatoes
Pre-basic seed
(a)
Required information for the label
Certification authority and Member State or their distinguishing
abbreviations,
Officially assigned serial number,
Producer’s identification number or reference number of lot,
Month and year of sealing,
Species, indicated at least under its botanical name, which may be
given in an abridged form and without the authors’ names, or its common name,
or both, in Latin characters,
Variety, indicated at least in Latin characters,
"Pre-basic seed",
Declared net weight.
(b)
Minimum size of the label is 110mm x 67mm.
(c)
The label shall be coloured white with a diagonal violet line.
Basic and certified seed
(a)
Required information for the label
"EC rules and standards",
Certification authority and Member State or their distinguishing
abbreviations,
Officially assigned serial number,
Producer’s identification number or reference number of lot,
Month and year of sealing,
Species, indicated at least under its botanical name, which may be
given in an abridged form and without the author’s names, or its common name,
or both, in Latin characters,
Variety, indicated at least in Latin characters,
Country of production,
Category, and if desirable, grade,
Size,
Declared net weight.
(b)
Minimum size of the label is 110mm x 67mm.
(c)
The label shall be coloured white for basic seed and blue for certified
Supplier’s label for basic and certified seed
(a)
Required information for the label
"EC rules and standards",
Name and address of the person responsible for affixing the labels or
his identification mark,
Month and year of sealing,
Species, indicated at least under its botanical name, which may be
given in an abridged form and without the authors’ names, or its common name,
or both, in Latin characters,
Variety, indicated at least in Latin characters,
Country of production,
Category, and if desirable, grade,
Size,
Reference number enabling the lot to be identified,
Declared net weight.
(b)
Minimum size of the label is 110mm x 67mm.
(c)
The label shall be coloured white for basic seed and blue for certified
2. Vegetables
Pre-basic seed
(a)
Required information for the label
Certification authority and Member State or their distinguishing
abbreviations,
Reference number of lot,
Month and year of sealing expressed thus: "sealed …. (month and
year)", or month and year of the last official sampling for the purposes of
certification expressed thus: "sampled …. (month and year)",
Species, indicated at least under its botanical name, which may be
given in an abridged form and without the authors’ names, or its common name,
or both, in Latin characters,
Variety, indicated at least in Latin characters,
"Pre-basic seed",
Declared net or gross weight, or declared number of seeds,
Number of generations preceding seed of the category certified seed,
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.
(b)
Minimum size of the label is 110mm x 67mm.
(c)
The label shall be coloured white with a diagonal violet line.
B.
Basic and certified seed (excluding small packages)
(a)
Required information for the label
"EC rules and standards",
Certification authority and Member State or their distinguishing
abbreviations,
Officially assigned serial number,
Month and year of sealing expressed thus: "sealed …. (month and
year)", or month and year of the last official sampling for the purposes of
certification expressed thus: "sampled …. (month and year)",
Reference number of lot,
Species, indicated at least in Latin characters, under its botanical
name, which may be given in an abridged form and without the authors’ names,
or its common name, or both,
Variety, indicated at least in Latin characters,
Category,
Country of production,
Declared net or gross weight, or declared number of seeds,
Where weight is indicated and granulated pesticides, pelleting
substances or other solid additives are used, the nature of the additive and also
the approximate ratio between the weight of clusters of pure seeds and total
weight,
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 these regulations: 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",
(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";
Where at least germination has been re-tested, the words "retested
…. (month and year)" may be indicated.
(b)
Minimum dimensions of the label are 110mm x 67mm.
(c)
The label shall be coloured white for basic seed and blue for certified
C. Seeds not finally certified or harvested in another Member State
(1) (a) Required information for the label
Authority responsible for field inspection and Member State or their
distinguishing abbreviations,
Officially assigned serial number,
Species, indicated at least under its botanical name, which may be
given in an abridged form and without the authors’ names, or under its common
name, or both, in Latin characters,
Variety, indicated at least in Latin characters,
Category,
Field or lot reference number,
Declared net or gross weight,
The words "seed not finally certified".
(b) The label shall be coloured grey.
(2) Required information for the document
Authority issuing the document,
Officially assigned serial number,
Species, indicated at least under its botanical name, which may be
given in an abridged form and without the authors’ names, or under its common
name, or both, in Latin characters,
Variety, indicated at least in Latin characters,
Category,
Reference number of the seed used to sow the field and name of the
country or countries which certified the seed,
Field or lot reference number,
Area cultivated for the production of the lot covered by the
document,
Quantity of seed harvested and number of packages,
Attestation that the conditions to be satisfied by the crop from which
the seed comes have been fulfilled,
Where appropriate, results of a preliminary seed analysis.
D. Supplier’s label or inscription on packages of standard seed (excluding
small packages)
(a)
Required information for the label
"EC rules and standards",
Name and address of the person responsible for affixing the labels or
his identification mark,
Marketing year of the sealing or of the last examination of
germination (the end of the marketing year may be indicated),
Species, indicated at least in Latin characters,
Variety, indicated at least in Latin characters,
Category: indicated with the letters "ST",
Reference number given by the person responsible for affixing the
Declared net or gross weight, or declared number of seeds,
Where weight is indicated and granulated pesticides, pelleting
substances or other solid additives are used, the nature of the additive and also
the approximate ratio between the weight of clusters of pure seed and the total
(b)
Minimum size of the label is 110mm x 67mm.
(c)
The label shall be coloured dark yellow.
Supplier’s label for small packages of certified seed
(a)
Required information for the label
"EC rules and standards",
Name and address of the person responsible for affixing the label or
his identification mark,
Marketing year of the sealing or of the last examination of
germination (the end of the marketing year may be indicated),
Species, indicated at least in Latin characters,
Variety, indicated at least in Latin characters,
Category, indicated with the letters "C" or "Z",
Reference number enabling the certified lot to be identified,
Declared net or gross weight or declared number of seeds, except for
small packages not exceeding 500 grams,
Where weight is indicated and granulated pesticides, pelleting
substances or other solid additives are used, the nature of the additive and also
the approximate ratio between the weight of clusters of pure seeds and the total
(b)
The label shall be coloured blue.
€4.50
For cereals, fodder plants, potatoes and vegetables, only Listing of
varieties officially accepted by the Directorate may be marketed. varieties.
National catalogues of such varieties shall be established and such
catalogues may be consulted by any person.
(1) A variety of seeds of agricultural plants and Conditions for
vegetables cannot be certified and marketed unless it is officially listing
varieties of
accepted according to the following provisions of this regulation. One agricultural
plants and
or more catalogues of all varieties that are officially accepted for vegetable
certification, verification as standard seed (in the case of vegetable species.
seeds) and marketing in Malta, must be established. In the case of
vegetables, the catalogues shall be subdivided according to the
varieties
(a) the seeds of which may be certified as either basic
seed or certified seed, or may be verified as standard seed; or
(b) the seeds of which may not be verified except as
standard seed.
(2) (a) A variety is accepted only if it is distinct, stable and
sufficiently uniform. In the case of a genetically modified variety, the
deliberate release into the environment of the variety shall be accepted
only if all appropriate measures have been taken to avoid adverse
effects on human health and the environment. In the case of
agricultural plants and industrial chicory (vegetable), the variety must
be of satisfactory value for cultivation and use.
(b) A variety shall be regarded as distinct if, whatever the
origin (artificial or natural) of the initial variation from which it has
resulted, is clearly distinguishable in one or more important
characteristics from any other variety known in the European Union.
The characteristics must lead to a precise recognition and precise
definition. A variety known in the European Union shall be any one
which, at the time when the application for its acceptance to be
assessed is duly made, is either listed in the EU Common Catalogue of
varieties of agricultural plant species or the EU Common Catalogue of
varieties of vegetable species, or if not listed in these Common
Catalogues, has been accepted or has been submitted for acceptance in
Malta or in another EU Member State, either for certification and
marketing, or for certification for other countries, or for verification as
standard seed in the case of vegetables, unless the afore mentioned
conditions are no longer fulfilled in all the EU Member States
concerned before the decision on the application for acceptance of the
variety to be assessed, is taken.
(c) A variety shall be regarded as stable if, after
successive propagation or multiplications or at the end of each cycle
(where the breeder has defined a particular cycle of propagation or
multiplications), it remains true to the description of its essential
characteristics.
(d) A variety shall be regarded as sufficiently uniform if,
apart from a very few aberrations, the plants of which it is composed
are, taking into account the distinctive features of the reproductive
systems of the plants, similar or genetically identical as regards the
characteristics taken as a whole, which are considered for this purpose.
(3) (a) Examination of the value for cultivation and use
referred to in sub-regulation (2)(a) shall not be required for the
acceptance of
(i) varieties of grasses if the breeder declares that the
seeds of his variety are not intended for the production of fodder
plants. It may be decided to the extent that this is justified in the
interest of free circulation of seed that varieties have to be shown
by appropriate examination to be suitable for the purpose for
which they are declared to be intended to be used. In such cases,
the conditions for the examination shall be determined;
(ii) varieties the seeds of which are to be marketed in
another EU Member State which has already accepted the
varieties, taking into consideration their value for cultivation and
use;
(iii) for the acceptance of varieties (inbred lines and
hybrids) which are intended solely as components for hybrid
varieties satisfying the requirements laid down in sub-regulation
(2)(a);
Provided that where material derived from a plant
variety is intended to be used as a food or food ingredient falling
within the scope of Regulation (EC) No. 258/97, these must not
present a danger for the consumer, mislead the consumer and
differ from foods or food ingredients which they are intended to
replace to such an extent that their normal consumption would be
nutritionally disadvantageous for the consumer.
(b) The value of a variety of agricultural plants for
cultivation or use shall be regarded as satisfactory if, compared to
other varieties accepted in the national catalogue, its qualities, taken as
a whole, offer, at least as far as production in any given region is
concerned, a clear improvement either for cultivation or as regards the
uses which can be made of the crops or the products derived
therefrom. Where other superior characteristics are present, individual
inferior characteristics may be disregarded.
(4) The acceptance of varieties shall be based on the results of
official examinations, particularly growing trials, covering a sufficient
number of characteristics for the variety to be described. The methods
used for determining characteristics must be accurate and reliable. It
shall be ensured that varieties coming from other EU Member States
are subject to the same requirements, in particular as regards the
acceptance procedure, as those that apply to local varieties.
(5) (a) In order to establish distinctness, the growing trials
shall include at least the available comparable varieties which are
known in the European Union within the meaning of sub-regulation
(2)(a).
(b) For the purpose of applying sub-regulation (6), other
available comparable varieties shall be included. In the case of
vegetable varieties whose seed may not be verified except as standard
seed, the results of unofficial examinations and knowledge gained
from practical experience during cultivation may be taken into
consideration in relation to the results of an official examination.
(c) It may be prescribed that, as from dates established
according to rules of the European Union, varieties of certain
vegetable species will no longer be accepted except on the basis of
official tests. Current scientific and technical knowledge on the
following matters shall be taken into account
(i) the characteristics to be covered as a minimum by the
examinations of the various species;
(ii) the minimum requirements for carrying out the
examinations;
(iii) the necessary arrangements for the growing trials to
be carried out with a view to assessing the value for cultivation
or use in the case of agricultural plants.
(6) Official publication of the national catalogues of varieties
accepted in Malta, shall be arranged and, where maintenance breeding
of the variety is required, the name of the person or persons
responsible for this in Malta, should be noted. When several persons
are responsible for the maintenance of a variety, the names need not be
published. Instead, the catalogue shall indicate the authority holding
the list of names of persons responsible for the maintenance of the
variety. At the time of acceptance, the variety shall be known by the
same name in all the EU Member States. If it is known that seed or
propagation material of a variety is marketed in another country under
a different name, that name shall also be indicated in the catalogue. For
each new variety accepted in Malta, the other EU Member States and
the European Commission have to receive a brief description of the
most important character for use.
(7) (a) A special file on each accepted variety, containing a
description of the variety and a clear summary of all the facts on which
acceptance was based, shall be compiled. The varietal descriptions
shall apply for plants produced directly from
(i) seeds and young plants of the category certified seed
and propagation material, in the case of agricultural plants; and
(ii) certified seed or from standard seed, in the case of
vegetables.
(b) Acceptance files shall be made available for the
personal and exclusive use of any person including those of other EU
Member States and the European Commission who are able to show a
legitimate interest. Information that is treated as confidential such as
results of examination studies of the genealogical components of
hybrids and synthetic varieties shall not be exchanged apart from
exceptional cases.
(c) If and when genetically modified varieties are
accepted, they should be clearly indicated as such in the catalogue of
varieties. It shall be ensured that any person marketing such a variety
clearly indicates in his sales catalogue that the variety is genetically-
modified.
(d) in the case of varieties (inbred lines, hybrids) of
agricultural plants that are intended solely as components for final
varieties, the provisions of this sub-regulation apply only to the extent
that the seeds that belong to them are to be marketed under their
names. In the meantime, in the case of cereals other than maize, these
provisions may be applied to other component varieties in respect of
seed intended for certification in Malta. Component varieties shall be
indicated as such.
(8) (a) Acceptance of a variety shall be valid until the end of
the tenth calendar year following acceptance. It may be renewed at
given intervals if it still cultivated on such a scale as to justify this, or
should be retained in the interest of conserving plant genetic resources,
and providing that the requirements as to distinctness, uniformity and
stability, are still satisfied.
(b) For both agricultural plants and vegetables,
applications for renewal shall be submitted not later than two years
before the expiry of acceptance except for plant genetic resources. The
period of validity of acceptance shall be extended provisionally until a
decision is taken on the application for renewal.
(c) Accepted varieties must be maintained according to
accepted practices for the maintenance of the variety. It must at all
times be possible to check maintenance from the records kept by the
person or persons responsible for the variety. These records shall also
cover the production of all generations prior to basic seed (of
agricultural plants and vegetables) or propagation material (of
agricultural plants). Samples may be requested from the person
responsible for the variety. Such samples may if necessary be taken
officially.
(d) Where maintenance takes place in another EU
Member State, Malta and the other country shall assist each other
administratively as regards verification.
(9) (a) Any doubts which arise after the acceptance of a
variety concerning the appraisal of its distinctness or of its name at the
time of acceptance are clarified.
(b) Where, after acceptance of a variety, it is established
that the condition concerning distinctness within the meaning of sub-
regulation (2) was not fulfilled at the time of acceptance, acceptance
shall be replaced by another decision or, where appropriate, a
revocation, which conforms with these regulations. By this other
decision, the variety shall, with effect from the date of its initial
acceptance, no longer be regarded as a variety known in the European
Union within the meaning of sub-regulation (2)(b). Where, after
acceptance of a variety, it is established that its name was not
acceptable when the variety was accepted, the name shall be adapted
in such a way that it conforms with these regulations. It may be
permitted that the previous name may be used temporarily as an
additional name. The detailed arrangements in accordance with which
the previous name may be used as an additional name shall be
established according to the rules of the European Union.
(10) (a) Acceptance of a variety is surely revoked if it is
proved, on examination, that the variety is no longer distinct, stable or
sufficiently uniform or, if the person or persons responsible for the
variety so request, unless maintenance of the variety is assured.
(b) Acceptance of a variety may be revoked if the laws,
regulations and administrative provisions adopted in this regulation
are not complied with and, if, at the time of the application for
acceptance or during examination, false or fraudulent particulars were
supplied concerning the facts on the basis of which acceptance was
granted.
(c) Where acceptance is refused or revoked, the results of
the examinations shall be made available to persons affected by such a
decision. It shall be ensured that a variety is deleted from the
catalogues if its acceptance has been revoked or if the period of
validity of acceptance has expired.
(11) A period of certification, verification as standard seed (of
vegetables) and marketing of seed (of agricultural plants and
vegetables) and propagation material (of agricultural plants), may be
allowed up to the 30th June of the third year at most after expiry of the
acceptance.
(12) Any application or withdrawal of an application for
acceptance of a variety, any entry in the catalogues of varieties as well
as any amendments thereto shall be notified forthwith to the other EU
Member States and the European Commission.
(1) Seed of the categories indicated below, may not be
placed on the market unless it has been officially certified as such and
unless it satisfies the conditions laid down in Schedule III
(a)
In the case of agricultural plants -
(i)
cereals - basic or certified seed;
(ii)
fodder plants - as referred to in sub-regulation
(2);
(iii) potatoes - basic or certified seed
and
(b)
in the case of vegetables -
(i) other than in the case of industrial chicory -
basic, certified or standard seed;
(ii)
industrial chicory - basic or certified seed.
(2) Seed of red top, brown top, creeping bent grass, velvet
bent, sheep’s fescue, Berseem/Egyptian clover, smooth-stalked
meadow grass, field bean and common vetch shall not be placed on the
market unless it has been officially certified as basic or certified seed.
Fodder plant seed of the genera and species other than those mentioned
above may not be placed on the market unless the seed has been
officially certified as basic or certified seed or is commercial seed.
(3) Basic and certified seed potatoes may be subdivided into
grades satisfying different requirements.
When examination of seeds of cereals, fodder plants and Examination
vegetables is carried out under official supervision, the following under
supervision.
requirements shall be complied
(1)
with respect to field inspections -
(a)
the inspectors shall
(i)
have the necessary technical qualifications;
(ii) derive no private gain in connection with the
carrying out of the inspections;
(iii) have been officially licensed by the Directorate
and this licensing shall include either the oath of inspectors
or the signature by inspectors of a written statement of
commitment to the rules governing official examinations;
(iv) carry out inspections under official supervision
in accordance with the rules applicable to official
inspections.
(b) The seed crop that is going to be inspected shall be
grown from seed which has undergone official post-control, the
results of which have been satisfactory.
(c) A proportion of seed crops shall be checked by
official inspectors. That proportion shall be at least 5%.
(d) A proportion of samples from the seed lots harvested
from the seed crops shall be drawn for official post-control and,
where appropriate, for official laboratory seed testing in respect
of varietal identity and purity.
(e) Infringements of the rules governing examination
under official supervision will be regulated under articles 29 and
30 of the Act. The penalties must be effective, proportionate and
dissuasive. The licence of officially licensed inspectors as
referred to in paragraph (a)(iii) who are found guilty of
deliberately or negligently contravening the rules governing
official examinations, shall be withdrawn. Any certification of
seed that has been examined shall be annulled in the event of
such contravention unless it has been shown that such seed still
meets all relevant requirements.
(2)
With respect to seed testing -
(a) Seed testing shall be carried out by seed-testing
laboratories which have been authorised for that purpose by the
Directorate under the conditions set out in paragraphs (b) to (d).
(b) The seed-testing laboratory shall have a seed analyst-
in-charge who has direct responsibility for the technical
operations of the laboratory and has the necessary qualifications
for the technical management of a seed-testing laboratory. Its
seed analysts shall have the necessary technical qualifications
obtained through training courses organised under conditions
applicable to official seed analysts and confirmed by official
examinations. The laboratory shall be maintained in premises
and with equipment officially considered by the Directorate to be
satisfactory for the purpose of seed testing, within the scope of
the authorisation. It shall carry out seed testing in accordance
with current international methods.
(c) The seed-testing laboratory shall be either an
independent laboratory or a laboratory belonging to a seed
company. In case of the latter, the laboratory may carry out seed
testing only on seed lots produced on behalf of the seed company
to which it belongs, unless it has been otherwise agreed between
that company, the applicant for certification and the Directorate.
(d) The seed-testing laboratory’s performance of seed
testing shall be subject to appropriate supervision by the
Directorate.
(e) For the purposes of the supervision referred to in
paragraph (d), a proportion of the seed lots submitted for official
certification shall be check-tested by official seed testing.
That proportion shall in principle be as evenly spread as
possible over natural and legal persons submitting seed for
certification and the species submitted but may also be oriented
to eliminate specific doubts. That proportion shall be at least 5%.
(f) Infringements of the rules governing examination
under official supervision will be regulated under articles 29 and
30 of the Act. The penalties must be effective, proportionate and
dissuasive. The authorisation of officially authorised seed-testing
laboratories as referred to in paragraph (a) hereof who are found
guilty of deliberately or negligently contravening the rules
governing official examinations, shall be withdrawn. Any
certification of seed that has been examined shall be annulled in
the event of such contravention unless it has been shown that
such seed still meets all relevant requirements.
Official seed examinations should be carried out in Seed
accordance with current international methods, in so far as such examination.
methods exist.
(1) Samples must be drawn officially or under official Sampling of
supervision in accordance with appropriate methods. This applies to seeds.
the following
(a) checking of varieties (cereals and fodder plants) and
inbred lines of maize (cereals);
(b) examination of seed for certification (cereals, fodder
plants, potatoes and vegetables); and
(c)
post-control tests of standard seed (vegetables).
(2) Without prejudice to the free movement of seed within the
European Union, the Directorate shall take all the necessary measures
to ensure that it is supplied with the following particulars during the
marketing of quantities exceeding 2 kilograms of seed imported from
third countries and sampling of such seed is carried out officially
(a)
species;
(b)
variety;
(c)
category;
(d) country of
production and official inspection
authority;
(e)
country of dispatch;
(f)
importer; and
(g)
quantity of seed.
The manner in which these particulars are to be presented may be
determined by the Directorate.
(3) When the seed sampling under official supervision
provided for in sub-regulation (1) is carried out, the following
requirements shall be complied with
(a) seed sampling shall be carried out by seed samplers
who have been authorised for that purpose by the Directorate
under the conditions set out in paragraphs (b), (c) and (d);
(b) seed samplers shall have the necessary technical
qualifications obtained through training courses organised under
conditions applicable to official seed samplers and confirmed by
official examinations. They shall carry out seed sampling in
accordance with current international methods;
(c)
seed samplers shall be
(i)
independent natural persons;
(ii) persons employed by natural or legal persons
whose activities do not involve seed production, seed
growing, seed processing or seed trade; or
(iii) persons employed by natural or legal persons
whose activities involve seed production, seed growing,
seed processing or seed trade.
In the case referred to in sub-paragraph (iii), a seed sampler
may carry out seed sampling only on seed lots produced on behalf of
his employer, unless it has been otherwise agreed between his
employer, the applicant for certification and the Directorate;
(d) the performance of the seed samplers shall be subject
to proper supervision by the Directorate. When automatic
sampling is in operation, appropriate procedures must be adhered
to and officially supervised;
(e) for the purposes of the supervision referred to in
paragraph (d), a proportion of the seed lots entered for official
certification shall be check-sampled by official seed samplers.
That proportion shall in principle be as evenly spread as
possible over natural and legal persons submitting seed for
certification (cereals, fodder plants and vegetables) and the
species submitted (cereals and fodder plants) but may also be
oriented to eliminate specific doubts. That proportion shall be at
least 5%. This check sampling does not apply to automatic
sampling. The seed samples drawn officially shall be compared
with those of the same seed lot but drawn under official
supervision;
(f) infringements of the rules governing examination
under official supervision will be regulated under articles 29 and
30 of the Act. The penalties must be effective, proportionate and
dissuasive. The authorisation of officially authorised seed
samplers as referred to in sub-regulation (3)(a) who are found
guilty of deliberately or negligently contravening the rules
governing official examinations, shall be withdrawn. Any
certification of the seed sampled shall be annulled in the event of
such contravention unless it has been shown that such seed still
meets all relevant requirements;
(g) further measures applicable to the carrying out of
seed sampling under official supervision shall be established by
the Directorate.
(4) For the examination of seed for certification, examination
of commercial seed and post-control tests, samples shall be drawn
from homogeneous lots. The maximum weight of a lot and the
minimum weight of a sample are given in Schedule IV.
(1) If it is repeatedly found, during post-control tests Post-control
carried out in the field, that vegetable seed of any one variety does not tests.
adequately satisfy the conditions laid down in respect of varietal
identity and purity, the Directorate shall ensure that the person
marketing it, is wholly or partially forbidden to market such seed
where appropriate, for a specified period. Any measures taken shall be
withdrawn as soon as it has been established with adequate certainty,
that the seed intended for marketing will in the future satisfy the
conditions as to varietal identity and varietal purity.
(2) Seed of the categories certified seed and standard seed is
subject to official post-control in the field by inspection to compare
their varietal identity and purity against standard controls.
(1) Packages or containers containing basic and certified Packaging of
seed of cereals, fodder plants, potatoes and vegetables, and seeds.
commercial seed of fodder plants, except small packages of basic and
certified vegetable seeds and, in the case of fodder plants small EC B
packages of certified and commercial seed, shall be sealed officially or
under official supervision in such a manner that they cannot be opened
without damaging the sealing system or leaving evidence of tampering
on either the official label or on the package. In order to ensure
closure, the sealing system shall comprise at least either the official
label or the affixing of an official seal. This measure will not be
necessary if a non-reusable sealing system is used. The Directorate
may establish exceptions to this sub-regulation as it may deem fit in
the case of small packages sealed in Malta of cereal and potato seeds
and EC B packages of fodder plant seeds. In the case of vegetable
seeds, there may be determined exceptions to this sub-regulation and
sub-regulation (2) for small packages of basic vegetable seed.
(2) Packages containing seeds of agricultural plants and
vegetables, except small EC B packages of fodder plant seeds, shall
not be resealed on one or more occasions unless this is carried out
officially or under official supervision. If packages are resealed, the
fact of resealing and the most recent date of re-sealing and the
authority responsible for resealing, shall be stated on the label required
under regulation 13.
(3) Packages of standard vegetable seed, small packages of
certified vegetable seed and small EC B packages of fodder plant
seeds, shall be sealed (not necessarily officially or under official
supervision) in such a manner that they cannot be opened without
damaging the sealing system or without leaving evidence of tampering
on the label or the package. Packages of standard vegetable seed shall
also bear a lead or an equivalent sealing device attached by the person
responsible for attaching labels.
(4) In the case of small packages of certified seed of fodder
plants and vegetables, packages shall not be sealed on one or more
occasions under official supervision. All necessary measures shall be
taken to ensure that in the case of small packages of certified vegetable
seed and small packages of fodder plant seeds, the identity of the seed
can be verified in particular at the time when seed lots are divided. At
this stage, it may be required that small packages divided or produced
in Malta, be sealed officially or under official supervision.
(1) The packages of all seed categories referred to in
regulation 7, excluding standard vegetable seed, small packages of
basic and certified vegetable seed and small EC B packages of
certified and commercial seed of fodder plants, shall have affixed on
the outside, an official label that has not been previously used, and as
appropriate to the seed, with the particulars as specified in Schedule V,
in Maltese or in English. The information should be printed indelibly
on the label. Delible printing is not authorised. The dimensions and
colour of the label are specified in the same Schedule. The labels on
packages containing vegetable seeds may be placed inside transparent
packages provided it can be read. The labels must be adhesive and
made from tear-resistant material. When a label with a string-hole is
used, its attachment to the package shall be ensured in all cases with an
official seal. The use of official adhesive labels shall be authorised.
The indelible printing of the prescribed particulars on the package in
accordance with the label models may be authorised under official
supervision. If in cases under regulation 14, the seeds of the categories
listed below do not satisfy the conditions laid down in Schedule III in
respect of germination, this fact shall be stated on the label
(a)
for agricultural plants -
-
cereals - basic or maize seed;
-
fodder plants - basic and certified seed; and
(b)
for vegetables - basic seed.
The Directorate may establish exceptions to the provisions of
sub-regulation (1) in the case of small packages of cereals, potatoes
and vegetables sealed in Malta.
(2) When a non-adhesive label is used, the package shall
contain an official document in the same colour as the official label
giving at least the information mentioned below
(a)
for agricultural plants -
(i)
Cereals (basic and certified seed) -
-
reference number of lot,
-
species and variety.
(ii) Fodder plants (basic, certified and commercial
seed except small EC B packages of certified and
commercial seed) -
-
reference number of lot,
-
species and variety,
In the case of commercial seed, reference
number of lot, species and the words "Commercial seed"
should be written down.
(iii) Potatoes (basic and certified seed)
-
producer’s identification
number
or
reference number of lot,
-
month and year of sealing,
-
country of production.
(b) for vegetables (basic and certified seed except small
packages)
-
reference number of lot,
-
species and variety,
-
category.
This document shall be drawn up in such a manner
that it cannot be confused with the official label referred to under
sub-regulation (1). This document is not necessary if the
information is printed indelibly on the package or if, in
accordance with the provisions under sub-regulation (1), an
adhesive label, a label of tear-resistant material or a label inside a
transparent package, is used. Packages should also include the
producer’s identification particulars.
(3) (a) In cases other than those provided for in these
regulations, packages or containers of basic and certified seed of
agricultural plants and vegetables, commercial seed of fodder plant
and standard vegetable seed shall bear a supplier’s label which may be
either a label separate from the official label or take the form of the
supplier’s information as stated in Schedule V printed on the package
or container itself. In the case of cereals, seed lots have to comply with
the provisions referred to in regulation 27 concerning the presence of
Avena fatua and an official certificate attesting compliance with these
conditions has to be issued.
(b) Small EC B packages of fodder plant seeds, packages
of standard vegetable seed and small packets of certified vegetable
seed shall bear on the outside a supplier’s label or a printed or stamped
notice in Maltese or English, except for small packages of standard
seed in which case the information stated under this provision shall be
clearly separate from any information given on the label or the
package. In the case of transparent packages, this label may be placed
inside, provided it can be read through the package.
(c)
In the case of small EC B packages of fodder plant
seeds,
the packages can also bear an officially assigned serial
number on the outside or on the supplier’s label. Should an official,
adhesive label be used, the particulars to be written on the label are
indicated in Schedule V. This serial number shall not be required for
small EC A packages of fodder plant seeds.
(4) It shall be ensured that persons responsible for affixing the
labels on packages containing standard vegetable seed intended for
marketing
(a) inform the Directorate of the dates when their
activities begin and end;
(b) keep records of all lots of standard seed and make
them available to the country for not less than three years;
(c) make available for not less than two years, a control
sample of seed of varieties for which maintenance is required;
and
(d) draw samples from each lot intended for marketing
and make them available for not less than two years.
The operations referred to in sub-regulations (2) and
(4) shall be subject to official checks carried out on a random
basis. The obligation stated in sub-regulation (3) shall apply only
to producers.
(1) For the purpose of making seeds of cereals, fodder Provisional
plants and vegetables rapidly available, notwithstanding the fact that certification.
the official examination to check compliance with the conditions laid
down in Schedule III in respect of germination has not been
concluded, the official certification or approval (the latter applying for
fodder plants only) and marketing as far as the first purchaser by way
of trade of the categories basic seed or certified seed of cereals, fodder
plants and vegetables or commercial seed in the case of fodder plants,
may be authorised.
(2) Certification or approval shall be granted only on
prescription of a provisional analytical report on the seeds and
provided that the name and address of the first recipient are given. All
necessary measures shall be taken to ensure that the supplier
guarantees the germination ascertained at the provisional analysis.
This germination shall be stated for marketing purposes on a special
label bearing the name and address of the supplier and the reference
number of the lot. The above provisions shall not apply to seeds
imported from third countries.
(1) Seeds of the categories indicated in regulation 7 shall
be marketed in sufficiently homogeneous lots and in sealed packages
or containers with appropriate labelling as described in regulation 13.
The packages must be new and the containers must be clean.
(2) Seed as grown of cereals, fodder plants and vegetables may
be marketed for processing, provided that the identity of the seed is
ensured.
(3) Bred seed of generations prior to basic seed of agricultural
plants and vegetables, may also be placed on the market. The
conditions under which bred seed of generations prior to basic seed
may be placed on the market, shall be as follows
(a) it shall have been officially inspected by the
Directorate in accordance with the provisions applicable to the
certification of basic seed;
(b) it shall be packed in packages or containers as
described in these regulations; and
(c) the packages shall bear an official label giving the
particulars as shown in Schedule V for pre-basic seed.
(1) Mixtures of seeds of various species of cereals can be
marketed, provided that the components of which complied, before
mixing, with the marketing rules applicable to them. Specific cereal
mixtures of seeds of various varieties but belonging to the same
species can be marketed, provided that scientific or technical
knowledge indicates that these mixtures are such as to be particularly
effective against the propagation of certain harmful organisms and
provided also that the components of the mixtures comply, before
mixing, with the marketing rules applicable to them.
(2) Producers may be authorised to place on the market small
packages of mixtures of standard vegetable seed of different varieties
of the same species. In cases when this provision applies, the species,
the rules for the maximum size of the small packages and the
requirements for labelling shall be established.
(3) Mixtures of various genera, species or varieties of fodder
plants may be placed on the market if they are intended for use
(a) not as fodder plants, in which case the mixtures may
contain seeds of fodder plants listed in Tables 1.2 and 1.3 of
Schedule I and so covered by these regulations;
(b)
as fodder plants, in which case the mixture may
contain seeds of plant species listed in Tables 1.1, 1.2, 1.3 or 1.5
of Schedule I, with the exception of varieties of grasses listed in
Table 1.2 of the same Schedule which are not intended for the
production as fodder plants; or
(c) in the preservation of the natural environment in the
context of the conservation of genetic resources in which case
the mixtures may contain seeds of fodder plant species and seeds
of other plant species within the meaning of these regulations.
Regulations 12, 13, 15 (1) and (4) and 18 shall apply for the
above seed mixtures. For this purpose, small EC A packages of
fodder plant seeds shall be considered as small EC B packages.
In the case of seeds of a variety that have been genetically Genetically
modified, any label or document, official or otherwise, which is modified seeds.
affixed to or accompanies the seed lot, shall clearly indicate that the
variety has been genetically modified.
(1) If any seeds of the categories mentioned in regulation Chemically-
7 have been subjected to any chemical treatment, this fact and the treated seeds.
nature of the treatment or the proprietary name of the chemical
substance used in the treatment, shall be stated either on the official or
supplier’s label, or on the package or container, or in a statement
enclosed in the package or container.
(2) In the case of small packages of vegetables, this
information may be printed directly on the package or inside it.
The Director may authorise local producers or breeders to Seed for
place on the market small but appropriate quantities of seeds for scientific
purposes.
scientific purposes or selection work and, for other test or trial
purposes, provided that the seeds belong to varieties for which an S.L. 549.60
application for entry in the national catalogues has been submitted and,
in the case of vegetable seeds, specific technical information has been
submitted. In case of genetically-modified seeds, such authorisation
should be granted only if all appropriate measures have been taken to
avoid adverse effects on human health and the environment in
accordance with the Deliberate Release into the Environment of
Genetically Modified Organisms Regulations.
(1) In order to remove any temporary difficulties, which Less stringent
cannot be overcome in the general supply of seed of the categories requirements.
mentioned in regulation 7, the Directorate may be authorised to permit
for a specified period, the marketing in quantities necessary to resolve
the supply difficulties of seed of a category subject to less stringent
requirements, or of seed of a variety not included in the EU Common
Catalogues of varieties of agricultural plant and vegetable species or in
the national catalogues of varieties. For a category of seed of any given
variety, the official or supplier’s label shall be that provided for the
corresponding category. For seeds of varieties not included in the
above mentioned catalogues, the colour of the official label shall be
brown. The label shall always state that the seed in question, is of a
category satisfying less stringent requirements.
(2) The Directorate may authorise the official certification and
marketing of basic seed of cereals, fodder plants and vegetables except
seed potatoes, which does not satisfy the conditions laid down in
Schedule III in respect of germination. A similar authorisation may be
granted in respect of certified seed of red clover where such seed is
intended for the further production of other certified seed. In such
cases, all necessary measures shall be taken to ensure that the supplier
guarantees a specific germination that he/she shall state for marketing
purposes on a special label bearing his/her name and address and the
reference number of the seed lot.
(1) The Directorate may as regards the conditions laid
down in Schedules II and III, impose additional or more stringent
requirements for the certification of seeds of agricultural plants and
vegetables produced in Malta and also for the examination of
commercial seed of fodder plants produced in Malta.
(2) The certification of seeds of the following species may be
restricted to certified seed of the first generation
(i)
cereals - oats, barley and wheat;
(ii)
fodder plants - field pea, field bean and lucerne.
Seeds placed on the market under the provisions of the
European Union legislation, whether mandatory or discretionary, shall
not be subject to any marketing restrictions as regards their
characteristics, examination requirements, marking and sealing, other
than those laid down in the directives.
(1) Seeds harvested in another country may upon request
be certified in Malta on the condition that the crop has been inspected
by the competent authorities in that country and have been found to
comply with the provisions of these regulations.
(2) Seeds of fodder plants and cereals harvested in a third
country shall, upon request, be officially certified if
(a)
it has been produced directly from
(i)
basic seed or certified seed (in the case of
cereals, seeds of the first generation are considered)
officially certified either in one or more Member States or
in a third country which has been granted equivalence
under regulation 24; or
(ii) the crossing of basic seed officially certified in
a Member State with basic seed officially certified in a
third country referred to in sub-paragraph (i);
(b) it has undergone field inspection satisfying the
conditions laid down in an equivalence decision made under
regulation 24 for the relevant category;
(c) official examination has shown that the conditions
laid down in Schedule III for the same category are satisfied.
Seeds harvested in a third country must afford the same Equivalence.
assurances as seeds harvested within the European Union with respect
to their characteristics and the arrangements for its examination, for
ensuring identity, for marking and for control. In such case, the seeds
shall be equivalent in these respects to seeds harvested within the
European Union and complying with the provisions of these
regulations.
For purposes of certification, the maximum moisture Moisture
content for basic and certified seed of cereals, except maize, shall be content
cereals.
13% by weight. That for maize shall be 14%. The Director may alter
the maximum moisture content as the need be.
Unless otherwise specified, seed of the hybrids listed in Conditions
Table 1.1 of Schedule I shall be subject to the standards or other applicable
hybrids of
conditions applicable to seed of each of the species from which they cereals.
are derived.
The official certificate referred to in regulation 13(3)(a) Presence of
shall be issued in the following case: the crop shall be free from Avena Avena
cereals.
fatua at the time of field inspection officially carried out in conformity
with the provisions of Schedule II and if a sample of at least 1
kilogram is drawn in accordance with established procedures, no seeds
of Avena fatua should be found at the time of official examination.
For seed potatoes produced by micro-propagation Seed potatoes
techniques and which do not meet the size requirements of these produced
micro-
regulations, rules on the following may be determined in accordance to propagation.
the procedure referred to in Article 25(2) of Council Directive 2002/
56/EC
(a)
derogation
from
specific
provisions
of
these
regulations;
(b) the conditions and designations applicable to such
seed potatoes; and
(c)
the designations applicable to such seed potatoes.
For plant health reasons, seed potatoes produced in Malta
may be separated during production from other potatoes. This
requirement may include measures for the separation of the production
of seed potatoes and other potatoes, and the separation of the grading,
storage, transportation and handling of seed potatoes and other
potatoes.
(1) Seed potatoes may not be marketed unless they are of
a minimum size such that they do not pass through a square mesh of
25mm x 25mm. In the case of potato tubers which are too large to pass
through a square mesh of 35mm x 35mm, the upper and lower size
limits shall be expressed in multiples of 5. The maximum variation in
size between tubers in a lot shall be such that the difference between
the dimensions of the two square meshes used does not exceed 25mm.
These sizing standards may be modified in accordance with the rules
of the European Union. A lot shall not contain more than 3% by
weight of tubers smaller than the minimum size indicated or more than
3% by weight of tubers larger than the maximum size indicated.
(2) The Directorate may, in respect of seed potatoes produced
in the Maltese territory, further reduce the permitted variation in size
between tubers in a lot.
Seed potatoes may not be placed on the market if they have
been treated with sprout inhibitors.
Seed potatoes that do not, during marketing, satisfy the
minimum conditions laid down in Schedule III, may be sorted. The
tubers that are not rejected shall then undergo a further official
examination.
The Directorate shall ensure that official inspections and
testing of seeds are carried out. These shall be performed in relation to
the marketing of seeds of cereals, fodder plants, potatoes and
vegetables, at least by random checks to verify compliance with the
requirements and conditions of these regulations.
Specific conditions have been established in the interest of Conservation of
conserving plant genetic resources that take into account developments plant
resources.
in relation to the conservation in situ and the sustainable use of plant
genetic resources through growing and marketing of seed of landraces
and varieties which are naturally adapted to the local and regional
conditions and threatened by genetic erosion as in Seeds of
Agricultural Landraces and Varieties Regulations, Seeds of Vegetable S.L. 433.25.
Landraces and Varieties Regulations and Fodder Plant Seed S.L.
Preservation Mixtures Regulations. These conditions include in
particular the following
(a) landraces and varieties shall be accepted in
accordance with the provisions of these regulations. In the case
of agricultural plants, the procedure of official acceptance shall
take into account specific quality characteristics and
requirements. In particular, the results of unofficial tests and
knowledge gained from practical experience during cultivation,
reproduction and use and the detailed descriptions of the
varieties and their relevant denominations shall be taken into
account and, if sufficient, shall result in exemption from the
requirement of official examination. Upon acceptance of a
landrace or variety, it shall be indicated as a conservation variety
in the Common Catalogues; and
(b)
appropriate quantitative restrictions.
Pre-basic seed potatoes may be marketed as "Union Union grades of
grades PBTC" and "Union grade PB" in accordance with the pre-basic
potatoes.
conditions set out in Schedule III.
(1) Basic seed potatoes may be marketed as "Union grade Union grades of
basic seed
S" if they fulfil the following conditions
potatoes.
(a) the potatoes have been found by official inspection to
fulfil the conditions as set out in point (1)(a) of Schedule III; and
(b) their lots have been found by official inspection to
fulfil the conditions, as set out in point (1)(b) of that Schedule.
(2) Basic seed potatoes may be marketed as "Union grade SE"
if they fulfil the following conditions
(a) the potatoes have been found by official inspection to
fulfil the conditions, as set out in point (2)(a) of Schedule III; and
(b) their lots have been found by official inspection to
fulfil the conditions, as set out in point (2)(b) of that Schedule.
(3) Basic seed potatoes may be marketed as "Union grade E" if
they fulfil the following conditions
(a) the potatoes have been found by official inspection to
fulfil the conditions, as set out in point 3(a) of Schedule III; and
(b) their lots have been found by official inspection to
fulfil the conditions, as set out in point (3)(b) of that Schedule.
(1) Certified seed potatoes may be marketed as "Union
grade A" if they fulfil the following conditions
(a) the potatoes have been found by official inspection to
fulfil the conditions, as set out in point (1)(a) of Schedule III; and
(b) their lots have been found by official inspection to
fulfil the conditions, as set out in point (1)(b) of that Schedule.
(2) Certified seed potatoes may be marketed as "Union grade
B" if they fulfil the following conditions
(a) the potatoes have been found by official inspection to
fulfil the conditions, as set out in point (2)(a) of Schedule III; and
(b) their lots have been found by official inspection to
fulfil the conditions, as set out in point (2)(b) of that Schedule.
The Seeds of Agricultural
Plants
and
Vegetables
Regulations are hereby being repealed.
"SCHEDULE I
Lists of genera and species
The following tables list the genera and species to which these regulations apply
1. Agricultural plants
I.
Cereals
Table 1.1
Latin Name
Common Name
Avena nuda L.
Small naked oat, Hulless oat
Avena sativa L. (includes A. byzantina
Oat and Red oat
K. Koch)
Avena strigosa Schreb.
Black oat, Bristle oat
Hordeum vulgare L.
Barley
Phalaris canariensis L.
Canary grass
Secale cereale L.
Rye
Sorghum bicolor (L.) Moench
Sorghum
Sorghum sudanense (Piper) Stapf
Sudan grass
x Triticosecale Wittm.ex A. Camus
Hybrids resulting from the crossing of a
species of the genus Triticum and a
species of the genus Secale
Triticum aestivum L.
Wheat
Triticum durum Desf.
Durum wheat
Triticum spelta L.
Spelt wheat
Zea mays L. (partim) except Zea mays Maize (except popcorn and sweet corn)
convar. microsperma Koern. and Zea
mays convar. saccharata Koern.
Sorghum bicolor (L.) Moench x S. Hybrid resulting from crossing of
Sorghum bicolor and Sorghum sudanase
sudanense (Piper) Stapf
II.
Fodder Plants
Table 1.2
Latin Name
Common Name
Poaceae (Gramineae)
Agrostis canina L.
Velvet bent
Agrostis capillaris L. (ex tenuis)
Brown top
Agrostis gigantea Roth.
Redtop
Agrostis stolonifera L.
Creeping bent
Cynodon dactylon (L.) Pers.
Bermuda grass
Festuca filiformis Pourr.
Fine-leaved sheep’s fescue
Festuca ovina L.
Sheep’s fescue
Festuca pratensis Huds.
Meadow fescue
Festuca rubra L.
Red fescue
Festuca trachyphylla (Hack.) Krajina
Hard fescue
Lolium multiflorum Lam.
Italian
ryegrass
(incl.
Westerworld ryegrass)
Lolium perenne L.
Perennial ryegrass
Poa pratensis L.
Smooth-stalked meadow grass
Fabaceae (Leguminosae)
Biserrula pelecinus L.
Biserrula
Galega orientalis Lam.
Fodder galega
Hedysarum coronarium L.
Sulla
Lathyrus cicera L.
Chickling
vetch/Dwarf
chickling vetch
Medicago doliata Carmign.
Straight-spined medic
Medicago italica (Mill.) Fiori
Disc medic
Medicago littoralis Rohde ex Loisel.
Shore medic/Strand medic
Medicago murex Willd.
Sphere medic
Medicago polymorpha L.
Bur medic
Medicago rugosa Desr.
Wrinkled medic/Gama medic
Medicago sativa L.
Lucerne
Medicago scutellata (L.) Mill.
Snail medic/Shield medic
Medicago truncatula Gaertn.
Barrel medic
Ornithopus compressus L.
Yellow serradella
Ornithopus sativus Brot.
Serradella
Pisum sativum L. (partim)
Field pea
Trifolium alexandrinum L.
Berseem, Egyptian clover
Trifolium fragiferum L.
Strawberry clover
Trifolium glanduliferum Boiss.
Glandular clover
Trifolium hirtum All.
Rose clover
Trifolium isthmocarpum Brot.
Moroccan clover
Trifolium michelianum Savi
Balansa clover
Trifolium pratense L.
Red clover
Trifolium squarrosum L.
Squarrose clover
Trifolium subterraneum L.
Subterranean clover
Trifolium vesiculosum Savi
Arrow-leaf clover
Vicia benghalensis L.
Purple vetch
Vicia faba L.
Field bean
Vicia sativa L.
Common vetch
Other species of fodder plants
Table 1.3
Latin Name
Common Name
Brassica oleracea L. convar. acephala (DC) Fodder kale
Alef. var. medullosa Thell. + var varidis L.
Plantago lanceolata L.
Ribwort plantain
III.
Potatoes
Table 1.4
Latin Name
Common Name
Solanum tuberosum L.
Potato
2. Vegetables
Table 1.5
Latin name
Common name
Allium cepa L.
- Cepa Group
Onion
Echalion
- Aggregatum Group
Shallot
Allium fistulosum L.
Japanese bunching onion or Welsh onion
Allium porrum L.
Leek
Allium sativum L.
Garlic
Allium schoenoprasum L.
Chives
Anthriscus cerefolium (L.) Hoffm.
Chervil
Apium graveolens L.
Celery
Celeriac
Asparagus officinalis L.
Asparagus
Beta vulgaris L.
Beetroot including Cheltenham beet
Spinach beet or Chard
Brassica oleracea L.
Curly kale
Cauliflower
Sprouting broccoli or Calabrese
Brussels sprouts
Savoy cabbage
White cabbage
Red cabbage
Kohlrabi
Brassica rapa L.
Chinese cabbage
Turnip
Capsicum annuum L.
Chilli or Pepper
Cichorium endivia L.
Curled-leaved endive
Plain-leaved endive
Cichorium intybus L.
Witloof chicory
Large-leaved chicory or Italian chicory
Industrial chicory
Citrullus lanatus (Thunb.) Matsum. Watermelon
et Nakai
Cucumis melo L.
Melon
Cucumis sativus L.
Cucumber
Gherkin
Cucurbita maxima Duchesne
Gourd
Cucurbita pepo L.
Marrow or Courgette
Cynara cardunculus L.
Globe artichoke
Cardoon
Daucus carota L.
Carrot
Fodder carrot
Foeniculum vulgare Mill.
Fennel
Lactuca sativa L.
Lettuce
(Mill.) Parsley
Petroselinum
crispum
Nyman ex A. W. Hill
Phaseolus coccineus L.
Runner bean
Phaseolus vulgaris L.
Dwarf French bean
Climbing French bean
Pisum sativum L. (partim)
Wrinkled pea
Round pea
Sugar pea
Raphanus sativus L.
Radish
Black radish
Rheum rhabarbarum L.
Rhubarb
Scorzonera hispanica L.
Scorzonera or Black salsify
Solanum lycopersicum L.
Tomato
Solanum melongena L.
Aubergine or Egg plant
Spinacia oleracea L.
Spinach
Valerianella locusta (L.) Laterr.
Corn salad or Lamb’s lettuce
Vicia faba L. (partim)
Broad bean
Zea mays L. (partim)
Sweet corn
Popcorn