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Seeds of Agricultural Plants and Vegetables Regulations, 2018

43 Articles / Provisions · Malta
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Table of Provisions (43)

Statutory Text (43 Articles)

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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:-

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

The title of these regulations is the Seeds of Agricultural Citation.

Plants and Vegetables Regulations, 2018.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural 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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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%.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

[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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

[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

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

Official seed examinations should be carried out in Seed

accordance with current international methods, in so far as such examination.

methods exist.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

Seed potatoes may not be placed on the market if they have

been treated with sprout inhibitors.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

(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.

Malta Government Gazette — Legal Notice 2018 2 · Gazzetta tal-Gvern ta’ Malta Nru. 19,931 – 05.01.2018 — Seeds of Agricultural Plants and Vegetables Regulations, 2018

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

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