The Fodder Plant Seeds Regulations (Northern Ireland) 2009

Regulation 28(4), (5), (6)(a), (7)(a),(8)(a), (9)(a), (10)(a), (11)(a),(12)(a), (13)(a),(14)(a), (16)(a), (17)(a), and (18)(a)

SCHEDULE 8LABELLING

PART 1Labelling of unpackaged seed (loose sales)

Particulars to be marked or displayed on the sale of unpackaged seed other than a mixture of seeds

1.  The following particulars shall be given—

(a)The words “complies with legal standards”;

(b)the species; and

(c)except in the case of commercial seed, the variety.

Particulars to be marked or displayed on the sale of an unpackaged mixture of seeds

2.  The following particulars shall be given—

(a)The words “complies with legal standards”;

(b)in the case of a registered mixture of seeds, the registered name of the mixture or the species and the proportion by weight of the components;

(c)in the case of a mixture of seeds, other than a registered mixture of seeds, the species and the proportion by weight of the components; and

(d)the words “seed mixture for” followed by words describing its intended use.

PART 2Labelling of packages of breeder’s seed

3.  The package shall be labelled, not later than the time of sealing, on the outside with a supplier’s label containing the following particulars—

(a)the name and address of the supplier responsible for affixing the labels or his registered number or identification mark;

(b)the reference number of the seed lot;

(c)the species;

(d)the variety;

(e)the words “breeder’s seed”; and

(f)the declared net or gross weight or declared number of seeds.

4.  The label referred to in paragraph 3 shall be coloured buff.

PART 3Labelling of packages of officially certified pre-basic seed

Official label for a package of officially certified pre-basic seed

5.  The package shall be labelled, not later than the time of sealing, on the outside with an official label which has not previously been used containing the following particulars—

(a)the certification authority and member State or their commonly used initials;

(b)the reference number of the seed lot;

(c)the month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows—

(i)by the word “Sealed” followed by the month and year of sealing, or

(ii)by the word “Sampled” followed by the month and year of official sampling;

(d)the species, indicated at least under its botanical name, which may be given in abridged form and without the author’s name, in Roman characters;

(e)in the case of x Festulolium, the names of the species within the genus Festuca and Lolium;

(f)the variety, indicated at least in Roman characters;

(g)the description “pre-basic seed”;

(h)the number of generations by which the seed precedes CS seed or C1 seed;

(i)the country of production;

(j)the declared net or gross weight or declared number of seeds; and

(k)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.

6.  The label referred to in paragraph 5 shall be coloured white with a diagonal violet line.

7.  The minimum size of the label referred to in paragraph 5 shall be 110 mm x 67 mm.

8.  The label referred to in paragraph 5—

(a)shall be—

(i)an adhesive label, or

(ii)a label secured to the package by a sealing device approved by the Department, the Secretary of State, the Scottish Ministers, or the National Assembly for Wales, and

(b)shall be fixed to the package by—

(i)an authorised officer or any person being supervised by such a person, or

(ii)a licensed seed sampler or any person being supervised by such a person.

PART 4Labelling of packages of officially certified basic, CS, C1 and C2 seed

Official label for a package of officially certified basic, CS, C1 and C2 seed

9.  The package shall be labelled, not later than the time of sealing, on the outside with an official label which has not previously been used or an official stamp containing the following particulars—

(a)the words “EC rules and standards”;

(b)the name of the certifying authority and member State or their commonly used initials;

(c)the reference number of the seed lot;

(d)the month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows—

(i)by the word “Sealed” followed by the month and year of sealing, or

(ii)by the word “Sampled” followed by the month and year of last official sampling for the purposes of certification;

(e)the species, indicated at least under its botanical name, which may be given in abridged form and without the author’s name, in Roman characters;

(f)in the case of x Festulolium, the names of the species within the genus Festuca and Lolium;

(g)the variety, indicated at least in Roman characters;

(h)the category;

(i)the country of production;

(j)the declared net or gross weight or declared number of pure seed;

(k)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight;

(l)in the case of CS, C1 and C2 seed, the number of generations after basic seed; and

(m)in the case of seed of a grass variety for which an examination of its value for cultivation and use is not required in accordance with Article 4(2)(a) of the Common Catalogue Directive, the words “not intended for the production of fodder plants”.

10.  Where at least germination has been retested, the words “retested” followed by the month and year of retesting and the authority responsible for such retesting may be indicated on the official label or official stamp referred to in paragraph 9 or on an official sticker attached to the official label.

11.  The minimum size of the label or stamp referred to in paragraph 9 shall be 110 mm x 67 mm.

12.  The label or stamp referred to in paragraph 9 shall be coloured—

(a)white for basic seed;

(b)blue for CS and C1 seed; and

(c)red for C2 seed.

13.  The label referred to in paragraph 9—

(a)shall be—

(i)an adhesive label, or

(ii)a label secured to the package by a sealing device approved by the Department, the Secretary of State, the Scottish Ministers, or the National Assembly for Wales, and

(b)shall be fixed to the package by—

(i)an authorised officer or any person being supervised by such a person, or

(ii)a licensed seed sampler or any person being supervised by such a person.

14.  The stamp referred to in paragraph—

(a)shall be—

(i)an indelible stamp; or

(ii)an indelible stamp affixed to the package by a stamping device approved by the Department, the Secretary of State, the Scottish Ministers, or the National Assembly for Wales; and

(b)shall be affixed to the package by—

(i)an authorised officer or any person being supervised by such a person;

(ii)a licensed seed sampler or any person being supervised by such a person.

Label for a small EC B package of officially certified basic, CS, C1 and C2 seed

15.  The package shall be labelled not later than the time of sealing—

(a)subject to paragraph 15, on the outside,

(b)with a label, a printed notice or stamp containing the following information—

(i)the words “small EC ‘B’ package”;

(ii)the name and address of the supplier responsible for marking or his registration number or identification mark;

(iii)the officially assigned serial number;

(iv)the authority which assigned the serial number and the name of the member State or their commonly used initials;

(v)the reference number of the seed lot from which the seed in the package has been taken if the serial number does not enable the lot to be identified;

(vi)the species, indicated at least in Roman characters;

(vii)the variety, indicated at least in Roman characters;

(viii)the category;

(ix)the net or gross weight or number of pure seeds;

(x)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight; and

(xi)in the case of seed of a grass variety for which an examination of its value for cultivation and use is not required in accordance with Article 4(2)(a) of the Common Catalogue Directive, the words “not intended for the production of fodder plants”.

16.  If the packaging material is transparent the label, notice or stamp referred to in paragraph 14 may be placed inside the package provided it can be read through the packaging.

17.  The label, notice or stamp referred to in paragraph 14 shall be coloured—

(a)white for basic seed;

(b)blue for CS and C1 seed; and

(c)red for C2 seed.

PART 5Labelling of packages of officially certified commercial seed

Official label for a package of officially certified commercial seed

18.  The package shall be labelled, not later than the time of sealing, on the outside with an official label which has not previously been used containing the following particulars—

(a)the words “EC rules and standards”;

(b)the words “Commercial seed (not certified as to variety)”;

(c)the name of the certifying authority and member State or their commonly used initials;

(d)the reference number of the seed lot;

(e)the month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows—

(i)by the word “Sealed” followed by the month and year of sealing, or

(ii)by the word “Sampled” followed by the month and year of last official sampling for the purposes of certification;

(iii)the species, indicated at least under its botanical name, which may be given in abridged form and without the author’s name, in Roman characters;

(iv)the country of production or region of production within a country;

(v)the declared net or gross weight or the declared number of pure seeds; and

(vi)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight.

19.  Where at least germination has been retested, the words “retested” followed by the month and year of retesting and the authority responsible for such retesting may be indicated on the official label referred to in paragraph 18 or on an official sticker attached to the official label.

20.  The minimum size of the label referred to in paragraph 18 shall be 110 mm x 67 mm.

21.  The label referred to in paragraph 18 shall be coloured brown.

22.  The label referred to in paragraph 18—

(a)shall be—

(i)an adhesive label, or

(ii)a label secured to the package by a sealing device approved by the Department, the Secretary of State, the Scottish Ministers, or the National Assembly for Wales, and

(b)shall be fixed to the package by—

(i)an authorised officer or any person being supervised by such a person, or

(ii)a licensed seed sampler or any person being supervised by such a person.

Label for a small EC B package of officially certified commercial seed

23.  The package shall be labelled not later than the time of sealing—

(a)subject to paragraph 23, on the outside;

(b)with a label, a printed notice or stamp containing the following information—

(i)the words “small EC ‘B’ package”;

(ii)the name and address of the supplier responsible for marking or his registration number or identification mark;

(iii)the officially assigned serial number;

(iv)the authority which assigned the serial number and the name of the member State or their commonly used initials;

(v)the reference number of the seed lot from which the seed in the package has been taken if the serial number does not enable the lot to be identified;

(vi)the species, indicated at least in Roman characters;

(vii)the words “commercial seed”;

(viii)the net or gross weight or number of pure seeds; and

(ix)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight.

24.  If the packaging material is transparent the label, notice or stamp referred to in paragraph 23 may be placed inside the package provided it can be read through the packaging.

25.  The label, notice or stamp referred to in paragraph 23 shall be coloured brown.

PART 6Labelling of packages of mixtures of seed

Official label for a package of a mixture of seeds

26.  The package shall be labelled, not later than the time of sealing, on the outside with an official label that has not previously been used containing the following particulars—

(a)the words “Mixture of seed for” followed by words indicating its intended use;

(b)the authority responsible for sealing the package and the member State or their commonly used initials;

(c)the reference number of the seed lot;

(d)the word “sealed” followed by the month and year of official sealing;

(e)in the case of a registered mixture of seeds—

(i)the registered name of the mixture, or

(ii)the percentage by weight of each of the components shown by species, and, where appropriate, by variety, both indicated at least in Roman characters;

(f)in the case of a mixture other than a registered mixture of seeds, the percentage by weight of each of the components shown by species, and, where appropriate, by variety, both indicated at least in Roman characters;

(g)in the case of x Festulolium, the names of the species within the genus Festuca and Lolium;

(h)the declared net or gross weight or declared number of pure seeds; and

(i)where the weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of the pure seeds and the total weight.

27.  Where at least germination of all the components of a mixture have been retested, the words “retested” followed by the month and year of retesting and the authority responsible for such retesting may be indicated on the official label referred to in paragraph 25 or on an official sticker attached to the official label.

28.  The minimum size of the label referred to in paragraph 26 shall be 110 mm x 67 mm.

29.  The label referred to in paragraph 26 shall be coloured green.

30.  The label referred to in paragraph 29—

(a)shall be—

(i)an adhesive label; or

(ii)a label affixed to the package by a sealing device approved by the Department, the Secretary of State, the Scottish Ministers, or the National Assembly for Wales; and

(b)shall be affixed to the package by—

(i)an authorised officer or any person being supervised by such a person; or

(ii)a licensed seed sampler or any person being supervised by such a person

Label for a small EC A package of a mixture of seeds

31.  The package shall be labelled not later than the time of sealing—

(a)subject to paragraph 32, on the outside;

(b)with a label, a printed notice or stamp containing the following information—

(i)the words “small EC ‘A’ package”;

(ii)the name and address of the supplier responsible for marking or his registration number or identification mark;

(iii)the name of the member State or their commonly used initials;

(iv)a reference number that enables the seed lots from which the seed in the mixture was taken to be identified;

(v)the words “seed mixture for” followed by a description of its intended use;

(vi)the net or gross weight or number of pure seeds;

(vii)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight;

(viii)in the case of a package of a registered mixture of seeds that has been produced in the United Kingdom—

(aa)the registered name of the mixture and the species and, where applicable, the variety of the components in the mixture, or

(bb)the percentage by weight of each of the components shown by species, and, where appropriate, by variety, both indicated at least in Roman characters; and

(ix)in the case of a package of a mixture of seeds, other than a package of a registered mixture of seeds that has been produced in the United Kingdom, the percentage by weight of each of the components shown by species, and, where appropriate, by variety, both indicated at least in Roman characters.

32.  If the packaging material is transparent the label, notice or stamp referred to in paragraph 31 may be placed inside the package provided it can be read through the packaging.

33.  The label, notice or stamp referred to in paragraph 31 shall be coloured green.

Label for a small EC ‘B’ package of a mixture of seeds

34.  The package shall be labelled not later than the time of sealing—

(a)subject to paragraph 35, on the outside

(b)with a label, a printed notice or stamp containing the following information—

(i)the words “small EC ‘B’ package”;

(ii)the name and address of the supplier responsible for marking or his registration number or identification mark;

(iii)the officially assigned serial number;

(iv)the authority which assigned the serial number and the name of the member State or their commonly used initials;

(v)a reference number that enables the seed lots from which the seed in the mixture was taken to be identified if the serial number does not enable such lots to be identified;

(vi)the words “seed mixture for” followed by a description of its intended use;

(vii)the net or gross weight or number of pure seeds;

(viii)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seeds and the total weight;

(ix)in the case of a package of a registered mixture of seeds that has been produced in the United Kingdom—

(aa)the registered name of the mixture and the species and, where applicable, the variety of the components in the mixture, or

(bb)the percentage by weight of each of the components shown by species, and, where appropriate, by variety, both indicated at least in Roman characters; and

(x)in the case of a package of a mixture of seeds, other than a package of a registered mixture of seeds that has been produced in the United Kingdom, the percentage by weight of each of the components shown by species, and, where appropriate, by variety, both indicated at least in Roman characters.

35.  If the packaging material is transparent the label, notice or stamp referred to in paragraph 34 may be placed inside the package provided it can be read through the packaging.

36.  The label, notice or stamp referred to in paragraph 34 shall be coloured green.

PART 7Whole bag labelling

Seed which has not been imported

37.  The printing or stamping of the packages shall be under the supervision of the Department.

38.  Each package shall have printed or stamped on it, or be perforated with, an individual serial number allocated by the Department, which shall appear in the same panel as the particulars of the matters specified in paragraph 9.

39.  Arrangements shall be made with the person who prints the whole bag labels to provide the Department with returns of the number of packages printed or stamped pursuant to regulation 28(16) and of the individual serial numbers used on such packages.

40.  The reference number of the seed lot and the month and year in which the package was officially sealed shall be printed or stamped under the supervision of an authorised officer or a licensed seed sampler at the time of sampling for official examination.

41.  There shall be kept such records of seed packaged and marketed pursuant to regulation 28(16) as may be required by the Department.

42.  Each package of basic seed marketed in accordance with regulation 28(16) shall be capable of having affixed to it, in a manner approved by the Department, a label containing a statement pursuant to regulation 17.

Seed imported from another Member State

43.  Such requirements of the member State from which the seed has been imported as correspond to the requirements specified in this Part for seed which has not been imported shall, in the opinion of the Department, have been satisfied.

PART 8Labelling of packages of test and trial seed

Official label for a package of test and trial seed

44.  The package shall be labelled, not later than the time of sealing, on the outside with an official label which has not previously been used containing the following particulars—

(a)the name of the certifying authority and member State or their distinguishing abbreviations;

(b)the reference number of the lot;

(c)the month and year of sealing;

(d)the species;

(e)the denomination of the variety under which the seed is to be marketed (which may be the breeder’s reference, the proposed denomination or the approved denomination) and the official application number for listing the variety, if any;

(f)the statements “variety not yet officially listed” and “for tests and trials only”;

(g)the declared net or gross weight or declared number of pure seeds or, where applicable, clusters; and

(h)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 or, where applicable, clusters and the total weight.

45.  The label referred to in paragraph 44 shall be coloured orange.

46.  The label referred to in paragraph 44 shall be—

(a)adhesive; and

(b)affixed to the package by—

(i)an authorised officer or any person being supervised by such a person; or

(ii)a licensed seed sampler or any person being supervised by such a person.

PART 9Labelling of packages of seed of a conservation variety

Supplier’s label or notice for a package of seed of a conservation variety

47.—(1) The package must be labelled, not later than the time of sealing, on the outside with a supplier’s label, or a printed or stamped notice, containing the following particulars—

(a)the words “EC rules and standards”;

(b)the name and address, or the registration number, of the person responsible for affixing the label or notice;

(c)the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word “sealed” or “sampled” (as the case may be), followed by the year in question;

(d)the species;

(e)the denomination of the conservation variety;

(f)the words “conservation variety”;

(g)the region of origin;

(h)where the region of seed production is different from the region of origin, the indication of the region of seed production;

(i)the reference number of the lot given by the person responsible for affixing the label;

(j)the declared net or gross weight or declared number of seeds; and

(k)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight.

(2) The label or notice must be coloured brown.