Regulations 3(1) and (3), 5(3), (5) and (10) and 6(2)

SCHEDULE 2OFFICIAL CERTIFICATES

1.  On receipt of an application made in accordance with regulation 6(1) for the issue of an official certificate in respect of a seed lot of Breeder’s Seed, Pre-basic Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or Commercial Seed, the Minister shall, subject to paragraph 2 and 3 below and to the payment of any fees payable under seeds regulations, issue in respect of such a seed lot an official certificate containing the particulars specified in Schedule 3.

2.  The Minister shall refuse to issue an official certificate in respect of a seed lot unless—

(a)an application has been made to the Minister, in such form and manner and at such time as he may require, for registration by him of—

(i)the seed lot or seed lots to be used for the production of the crop or crops from which the seed lot is to be obtained, and

(ii)the crop or crops from which the seed lot is to be obtained;

(b)an official examination of the crop or crops from which the seed lot was obtained shall have shown that the crop or crops met the standards appropriate to the category and the level set out in Part I of Schedule 4; and

(c)an official examination of a sample of the seed lot shall have shown that the seeds met the standards appropriate to the category and the level set out in Part II of Schedule 4;

except that—

(i)paragraphs 2(a) and (b) above shall not apply in relation to an application for the issue of an official certificate in respect of Commercial Seed;

(ii)paragraphs 2(a), (b) and (c) above shall not apply in relation to an application for the issue of an official certificate in respect of Breeder’s Seed where the seeds have been officially sampled for the purposes of official examination of a plot in accordance with paragraph 1 of Part I of Schedule 4, and where the seeds met the requirements set out in paragraph 3 of Part II of Schedule 4,

(iii)paragraph 2(c) above, in so far as it relates to standards of germination set out in Part II of Schedule 4, shall not apply in relation to an application for the issue of an official certificate in respect of seeds which are marketed in accordance with and subject to the requirements of regulation 5(5), and

(iv)the Minister shall issue an official certificate in respect of a seed lot marketed in accordance with, and subject to any conditions imposed by, a general licence granted by the Minister under regulation 5(3).

3.  The Minister may refuse to issue an official certificate in respect of a seed lot if it appears to him that—

(a)a sample of the seed lot taken for the purpose of an official examination in order toascertain whether the seed lot meets the appropriate standards set out in Part II of Schedule 4has not been taken in accordance with the requirements contained in Schedule 5;

(b)an official examination of a plot sown with a sample of the seed lot sown in the field shows that the crop does not meet the appropriate standards set out in Part I of Schedule 4;

(c)there has been any breach of seeds regulations in relation to the seed lot in respect of which application for an official certificate has been made.