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Statutory Rules of Northern Ireland

1999 No. 379

SEEDS

Seeds (Fees) Regulations (Northern Ireland) 1999

Made

10th September 1999

Coming into operation

18th October 1999

The Department of Agriculture, in exercise of the powers conferred on it by sections 1(1), 1(2A)(1), 2(2) and (4) of the Seeds Act (Northern Ireland) 1965(2) and of every other power enabling it in that behalf, after consultation with representatives of such interests as appear to it to be concerned and with the approval of the Department of Finance and Personnel(3) with regard to the licensing fee for licensed testing establishments, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Seeds (Fees) Regulations (Northern Ireland) 1999 and shall come into operation on 18th October 1999.

Revocation

2. The Seeds (Fees) Regulations (Northern Ireland) 1998(4) are hereby revoked.

Fees

3. Subject to the provisions of these Regulations there shall be paid to the Department in respect of matters arising under the Regulations referred to in Schedules 1 to 6 the fees set out in Column (3) of each of those Schedules opposite the respective references to such matters in Column (1), and in accordance with Column (2), of each of those Schedules.

Exemption

4. The Department may exempt any person or class of persons, or persons generally, from compliance with any of the provisions of these Regulations and the exemptions may be made subject to conditions.

Sealed with the Official Seal of the Department of Agriculture on

L.S.

Liam McKibben

Assistant Secretary

9th September 1999.

The Department of Finance and Personnel hereby approves the foregoing Regulations in regard to the licensing fee for licensed testing establishments.

Sealed with the Official Seal of the Department of Finance and Personnel on

L.S.

J. G. Sullivan

Assistant Secretary

10th September 1999.

SCHEDULE 1Matters arising under the Cereal Seeds Regulations (Northern Ireland) 1994(5)

(1)	(2)	(3)
Matter	When Payable	Fee
		£	£(6)
*Initial fees* A. Initial fee per hectare or part thereof for crops intended to produce:— (i)pre-basic or basic seed	On application for registration	24.60	(23.45)
(ii)certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize		6.20	(5.90)
(iii)certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats		5.50	(5.25)
*Crop inspection fees* B. Fee for official examination or re-examination of crops intended to produce seed as set out in A(i), (ii) or (iii) per hectare or part thereof examined	Within one month of demand by the Department	12.30	(11.70)
*Seed lot fee* C. Fee for the issue of an official certificate in respect of a seed lot entered as:— (i)breeder's, pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale, oats or certified seed of rye and maize	On application	40.65	(38.70)
(ii)certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats		20.30	(19.35)
*Seed testing fees* D. Fee for an official examination of seed for loose smut infection of wheat, durum wheat, spelt wheat and barley (per thousand embryos examined)	Within one month of demand by the Department	35.70	(34.00)
*Seed lot re-entry fee* E. Fee for the issue of an official certificate in respect of a seed lot which had been entered for one category and been withdrawn and is being re-entered as:— (i)pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize	On application	28.45	(—)
(ii)certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats		14.20	(—)

SCHEDULE 2Matters arising under the Fodder Plant Seeds Regulations (Northern Ireland) 1994(7)

(1)	(2)	(3)
Matter	When Payable	Fee
		£	£(8)
*Initial fees* A. Initial fee per hectare or part thereof for crops intended to produce:— (i)pre-basic or basic seed of— (a)grasses, legumes (except field beans and field peas) and crucifers	On application for registration	18.50	(17.60)
(b)field beans and field peas		16.00	(15.25)
(ii)certified seed of grasses, legumes (except field beans and field peas) and crucifers		8.65	(8.25)
(iii)certified seed of the first and second generation of field beans and field peas		7.40	(7.05)
*Crop inspection fees* B. Fee for official examination or re-examination of crops intended to produce seed as set out in A(i), (ii) or (iii) per hectare or part thereof examined	Within one month of demand by the Department	12.30	(11.70)
*Seed lot fee* C. Fee for the issue of an official certificate in respect of a seed lot entered as:— (i)breeder’s seed of— (a)grasses, legumes (except field beans and field peas) and crucifers	On application	33.30	(31.70)
(b)field beans and field peas		54.20	(51.60)
(ii)pre-basic or basic seed of— (a)grasses, legumes (except field beans and field peas) and crucifers		62.85	(59.85)
(b)field beans and field peas		54.20	(51.60)
(iii)certified seed of grasses, legumes (except field beans and field peas) and crucifers		62.85	(59.85)
(iv)certified seed of the first and second generation of field beans and field peas		50.50	(48.10)
(v)commercial seed of the kinds for the time being specified in regulation 3(2) of the Fodder Plant Seeds Regulations (Northern Ireland) 1994
55.45	(52.80)
*Seed lot re-entry fee* D. Fee for the issue of an official certificate in respect of a seed lot which had been entered for one category and been withdrawn and is being re-entered as:— (i)pre-basic or basic seed of— (a)grasses, legumes (except field beans and field peas) and crucifers	On application	44.00	(—)
(b)field beans and peas		37.95	(—)
(ii)certified seed of grasses, legumes (except field beans and field peas) and crucifers		44.00	(—)
(iii)certified seed of the first and second generation of field beans and peas		35.35	(—)
(iv)commercial seed of the kinds for the time being specified in regulation 3(2) of the Fodder Plant Seeds Regulations Northern Ireland) 1994		38.80	(—)

SCHEDULE 3Matters arising under the Oil and Fibre Plant Seeds Regulations (Northern Ireland) 1994(9)

(1)	(2)	(3)
Matter	When Payable	Fee
		£	£(10)
*Initial fees* A. Initial fee per hectare or part thereof for crops intended to produce:— (i)pre-basic or basic seed	On application for registration	27.15	(25.85)
(ii)all other categories of seed		12.95	(12.35)
*Crop inspection fees* B. Fee for official examination or re-examination of crops intended to produce seed as set out in A(i) or (ii) per hectare or part thereof examined	Within one month of demand by the Department	12.30	(11.70)
*Seed lot fee* C. Fee for the issue of an official certificate in respect of a seed lot entered as:— (i)breeder's, pre-basic or basic seed	On application	49.30	(46.95)
(ii)all other categories of seed		49.30	(46.95)
*Seed testing fees* D. Fees for an official examination of seed for:— (i)sunflower for Botrytis spp	Within one month of demand by the Department	41.85	(39.85)
(ii)flax and linseed for— (a)Alternaria spp (b)Phoma exiqua var. linicola (c)Colletotrichum lini (d)Fusarium spp (e)Botrytis spp	34.45	(32.80)
(iii)soya bean for Pseudomonas syringae pv. glycinea spp for one sub-sample test		60.00	(—)
for five sub-sample tests		200.00	(—)
(iv)soya bean for Diaporthe phaselorum spp		37.50	(—)
*Seed lot re-entry fee* E. Fee for the issue of an official certificate in respect of a seed lot which had been entered for one category and been withdrawn and is being re-entered as:— (i)pre-basic or basic seed	On application	34.50	(—)
(ii)all other categories of seed		34.50	(—)

SCHEDULE 4Matters arising under the Beet Seeds Regulations (Northern Ireland) 1994(11)

(1)	(2)	(3)
Matter	When Payable	Fee
		£	£(12)
*Initial fees* A. Initial fee per hectare or part thereoffor crops intended to produce:— (i)pre-basic or basic seed	On application for registration	32.05	(30.50)
(ii)certified seed		14.80	(14.10)
*Crop inspection fees* B. Fee for official examination or re-examination of crops intended to produce seed as set out in A(i) or (ii) per hectare or part thereof examined	Within one month of demand by the Department	12.30	(11.70)
*Seed lot fee* C. Fee for the issue of an official certificate in respect of a seed lot entered as:— (i)pre-basic or basic seed	On application	60.40	(57.50)
(ii)certified seed		59.10	(56.30)
*Seed lot re-entry fee* D. Fee for the issue of an official certificate in respect of a seed lot which had been entered for one category and been withdrawn and is being re-entered as:— (i)pre-basic or basic seed	On application	42.30	(—)
(ii)certified seed		41.40	(—)

SCHEDULE 5Matters arising under the Vegetable Seeds Regulations (Northern Ireland) 1994(13)

(1)	(2)	(3)
Matter	When Payable	Fee
		£	£(14)
*Initial fees* A. Initial fee for crops intended to produce:— (i)pre-basic or basic seed of— (a)all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered	On application for registration	43.10	(41.05)
(b)peas and broad beans per hectare or part thereof entered		27.15	(25.85)
(c)cucumber, gherkin and tomato, per crop entered		43.10	(41.05)
(ii)certified seed of— (a)all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered		23.35	(22.25)
(b)peas and broad beans per hectare or part thereof entered		11.10	(10.55)
(c)cucumber, gherkin and tomato, per crop entered		23.35	(22.25)
*Crop inspection fees* B. Fee for official examination or re-examination of crops intended to produce:— (i)A(i)(a) or (b) and A(ii)(a) or (b) above, per hectare or part thereof examined	Within one month of demand by the Department	12.30	(11.70)
(ii)A(i)(c) and A(ii)(c) above, per crop examined		12.30	(11.70)
*Seed lot fee* C. Fee for the issue of an official certificate in respect of a seed lot entered	On application	98.55	(93.85)
*Seed lot re-entry fee* D. Fee for the issue of an official certificate in respect of a seed lot which had been entered for one category and been withdrawn and is being re-entered	On application	69.00	(—)

SCHEDULE 6Matters arising under the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 1994(15)

(1)	(2)	(3)
Matter	When Payable	Fee
		£	£(16)
*Representations by, and hearings of, a seed merchant, processor or packer* (i)A. Fee for making written representations to the Department	On making representations	30.80	(29.35)
(ii)Fee for being heard by a person appointed by the Department	On applying to be heard	61.60	(58.65)
*Licensed Seed Testing Establishments* (i)B. Annual fee payable during the currency of the licence (or a proportion thereof in respect of a part of a year)	Within one month of demand by the Department, annually in advance	2,033.00	(1,936.00)
(ii)Fee payable by the owner or person in charge of a Licensed Seed Testing Station in respect of an official examination of seed	Within one month of demand by the Department, annually in arrears	8.75	(4.65)

Explanatory Note

(This note is not part of the Regulations.)

Regulations controlling the marketing of cereal seeds, fodder plant seeds, beet seeds, oil and fibre plant seeds, and vegetable seeds (“seed regulations”) provide that, with certain exceptions, seeds of these categories may only be marketed if they are derived from crops which on inspection are found to meet certain standards and if upon subsequent testing samples of the seed also meet certain standards.

These Regulations which are made under the Seeds Act (Northern Ireland) 1965 prescribe fees for certain initial applications, crop inspection fees, seed lot fees, seed testing fees and fees in relation to licensed seed testing establishments. Fees are also prescribed in relation to the making of written representations by, and hearings involving, seed merchants, processors or packers.

The matters in respect of which the revised fees are prescribed are listed in Schedules 1 to 6, and the fees which were chargeable by virtue of the Seeds (Fees) Regulations (Northern Ireland) 1998 are indicated in brackets. The tests on soya bean set out in Schedule 3 paragraph D and the seed lot re-entry fees in Schedules 1 to 5 are new and so no fee is set out in the column for fees payable before these Regulations come into operation.

The fee payable by a Licensed Seed Testing Station in respect of an official examination of seed has been increased from £4£65 to £8£75. A uniform increase of 5% has been applied to all other fees and has been rounded to the nearest five pence except in the case of the annual fee for Licensed Seed Testing Stations, which has been rounded to the nearest £1.

The Regulations revoke and replace the Seeds (Fees) Regulations (Northern Ireland) 1998 (regulation 2).

(1)

As inserted by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 3

(2)

1965 c. 22 (N.I.)

(3)

Formerly the Department of Finance: see S.I. 1982/338 (N.I. 6) Art. 3

(4)

S.R. 1998 No. 322

(5)

S.R. 1994 No. 254 as amended by S.R. 1995 No. 366 and S.R. 1997 No. 240

(6)