2003 No. 42
SEEDS
Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2003
Made 28th January 2003
Coming into operation 31st January 2003

The Department of Agriculture and Rural Development, in exercise of the powers conferred on it by sections 1(1) and (2A) and 2 of the Seeds Act (Northern Ireland) 1965 and of every other power enabling it in that behalf, after consultation, in accordance with section 1(1) of that Act, with representatives of such interests as appear to it to be concerned, hereby makes the following Regulations:
Formerly the Department of Agriculture: seeS.I. 1999/283 (N.I. 1) Article 3(4)
1965 c. 22 (N.I.); sections 1 and 2 were amended by section 10 of the Agriculture (Miscellaneous Provisions) Act (Northern Ireland) 1970 (1970 c. 20 (N.I.)), by S.R. & O. (N.I.) 1972 No. 351 and by S.R. 1977 No. 295

1 Citation and commencement
These Regulations may be cited as the Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 and shall come into operation on 31st January 2003.

2 Amendment of the Cereal Seeds Regulations (Northern Ireland) 1994
1 The Cereal Seeds Regulations (Northern Ireland) 1994 shall be amended as follows.
S.R. 1994 No. 254 as amended by S.R. 1995 No. 366, S.R. 1997 No. 240, S.R. 2000 Nos. 53 and 128 and S.R. 2001 No. 330
2 In regulation 3(2) (interpretation) after the definition of “Certified Seed of the Second Generation” there shall be inserted the following definition –

““Excepted Seed Marketed in Bulk” means Certified Seed (other than seeds of maize), Certified Seed of the First Generation or Certified Seed of the Second Generation –
(a) which is marketed in bulk direct to the final consumer in a container that is closed after filling; and
(b) in respect of which a random sample has been taken in accordance with paragraph 8A of Schedule 5, by a person authorised in that behalf.”

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3 In regulation 8 (sealing of packages) –
(a) in paragraph (1) for the words “A person” substitute “Subject to paragraph (1A), a person”; and
(b) after paragraph (1) insert –

“1A Paragraph (1) shall not apply to Excepted Seed Marketed in Bulk.”

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4 In regulation 9 (labelling of packages) –
(a) in paragraph (1) for the words “Subject to paragraph (12)” substitute “Subject to paragraphs (1C) and (12)”; and
(b) after paragraph (1B) insert –

“1C Paragraph (1) shall not apply to Excepted Seed Marketed in Bulk.”

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5 After regulation 9A insert –

“9B Provision of information to the final consumer about Excepted Seed Marketed in Bulk
On delivery of Excepted Seed Marketed in Bulk to the final consumer, the supplier shall also deliver to the final consumer a note containing the information given on the official label on the container from which seed was taken.

9C Notification of Excepted Seed Marketed in Bulk
A supplier of seed shall prior to 10th January 2004 and prior to 10th January in each year thereafter notify the Department in such manner as it may from time to time specify, of the quantities of Excepted Seed Marketed in Bulk by that supplier in the period from 1st January to 31st December in the immediately preceding year.”

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6 After paragraph 8 of Schedule 5 insert –

“8A Random sampling of seed lots of seed which is intended to be Excepted Seed Marketed in Bulk shall be carried out in accordance with the requirements of this Schedule during the filling of the container, used by the final consumer, into which the seed is placed.”

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3 Amendment of the Fodder Plant Seeds Regulations (Northern Ireland) 1994
1 The Fodder Plant Seeds Regulations (Northern Ireland) 1994 shall be amended as follows.
S.R. 1994 No. 252 as amended by S.R. 1996 No. 311, S.R. 1997 No. 240, S.R. 2000 No. 54 and S.R. 2001 No. 329
2 In regulation 3(2) (interpretation) after the definition of “Commercial Seed” there shall be inserted the following definition –

““Excepted Seed Marketed in Bulk” means Certified Seed of the First Generation or Certified Seed of the Second Generation –
(a) which is marketed in bulk direct to the final consumer in a container that is closed after filling; and
(b) in respect of which a random sample has been taken in accordance with paragraph 8A of Schedule 5, by a person authorised in that behalf.”

.
3 In regulation 8 (sealing of packages) –
(a) in paragraph (1) for the words “A person” substitute “Subject to paragraph (1A), a person”; and
(b) after paragraph (1) insert –

“1A Paragraph (1) shall not apply to Excepted Seed Marketed in Bulk.”

.
4 In regulation 9 (labelling of packages) –
(a) in paragraph (1) for the words “Subject to paragraph (12)” substitute “Subject to paragraphs (1C) and (12)”; and
(b) after paragraph (1B) insert –

“1C Paragraph (1) shall not apply to Excepted Seed Marketed in Bulk.”

.
5 After regulation 9A insert –

“9B Provision of information to the final consumer about Excepted Seed Marketed in Bulk
On delivery of Excepted Seed Marketed in Bulk to the final consumer, the supplier shall also deliver to the final consumer a note containing the information given on the official label on the container from which seed was taken.

9C Notification of Excepted Seed Marketed in Bulk
A supplier of seed shall prior to 10th January 2004 and prior to 10th January in each year thereafter notify, the Department, in such manner as it may from time to time specify, of the quantities of Excepted Seed Marketed in Bulk by that supplier in the period from 1st January to 31st December in the immediately preceding year.”

.
6 After paragraph 8 of Schedule 5 insert –

“8A Random sampling of seed lots of seed which is intended to be Excepted Seed Marketed in Bulk shall be carried out in accordance with the requirements of this Schedule during the filling of the container used by the final consumer into which the seed is placed.”

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Sealed with the Official Seal of the Department of Agriculture and Rural Development on 28th January 2003.
D. Small A senior officer of the Department of Agriculture and Rural Development

(This note is not part of the Regulations.)
These Regulations, further amend the Cereal Seeds Regulations (Northern Ireland) 1994 as amended (“the cereal seeds Regulations”) and the Fodder Plant Seeds Regulations (Northern Ireland) 1994 as amended (“the fodder plant seeds Regulations”).
The Regulations exempt certain types of seed marketed in bulk from the labelling and packaging requirements in “the cereal seeds Regulations” and “the fodder plant seeds Regulations” (regulations 2(2) to (4) and 3(2) to (4)). These exemptions are derogations respectively from Council Directive 66/402/EEC (O.J. No. L125, 11.7. 66, p. 2309) and Council Directive 66/401/EEC (O.J. No. L125, 11.7.66, p.2298/66) as last amended by Council Directive 2001/64/EC (O.J. No. L234, 1.9.01, p. 60). The derogations are permitted by Council Directive 2001/64/EC.
The Regulations specify the conditions for the exemption, in implementation of Council Directive 2001/64/EC and Commission Decision 94/650/EC (O.J. No. L252, 28.9.1994, p. 15) as relevantly amended by Commission Decision 1998/174/EC (O.J. No. L63, 4.3.98, p. 31) and by Commission Decision 2000/441/EC (O.J. No. L176, 15.7.00, p. 50) (regulations 2(2), (5) and (6) and 3(2), (5) and (6)).