The Vegetable Seed (Wales) Regulations 2005

Field inspection of cropsE+W

8.—(1) Subject to paragraph (2), an application may be made to the National Assembly by a registered person for the field inspection of a crop being produced in Wales from—

(a)an entered or late entered seed lot from which it is intended that pre-basic seed is to be harvested (“a regulation 8(1)(a) crop”);

(b)an entered or late entered seed lot from which it is intended that basic seed is to be harvested (“a regulation 8(1)(b) crop”);

(c)an entered or late entered seed lot from which it is intended that CS seed is to be harvested (“a regulation 8(1)(c) crop”);and

(d)an entered or late entered seed lot from which it is intended that CS seed is to be harvested of a variety that is not listed but for which an outstanding application for listing has been made (“a regulation 8(1)(d) crop”).

(2) An application made under paragraph (1) shall not be made in respect of a regulation 8(1)(a), (b) or (c) crop to produce seed of a variety or hybrid variety that is not listed, or a seed of a component of a hybrid variety that is not listed, unless—

(a)an application for the listing of the variety or the hybrid variety has been made which has not been withdrawn or finally determined, or

(b)a marketing extension is in force in respect of the variety or hybrid variety.

(3) Subject to paragraph (4), an application for the field inspection of a crop being produced in Wales from an entered seed lot which is intended that CS seed is to be harvested may be made to a licensed crop inspector by a registered person.

(4) An application under paragraph (3) shall not be made—

(a)in respect of a crop to produce seed of a variety or hybrid variety that is not listed unless a marketing extension is in force in respect of the variety or hybrid variety, and

(b)except in respect of a crop that is being produced from—

(i)seed that has been subject to satisfactory official post control, or

(ii)seed that is subject to official post control and for which a determination as to whether the seed is satisfactory seed from which to produce CS seed is awaited.

(5) If required by the National Assembly, an application made under paragraph (3) shall be considered by it instead of by a licensed crop inspector.

(6) If permitted by the National Assembly, an application made under paragraph (3) may be made to it instead of to a licensed crop inspector.

(7) An application made under paragraph (1) or (3) shall be made in such form and manner and at such time as the National Assembly may require and shall be accompanied by such information, material, records, illustrations and other documents as it may require.

(8) Following the receipt of an application made under this paragraph (1) or (3), the National Assembly(in the case of an application made under paragraph (1) or an application made under paragraph (3) that is being considered by it under paragraph (5) or has been made to it under paragraph (6)), or the licensed crop inspector to whom an application has been made under paragraph (3) (as the case may be) shall inspect the crop in accordance with the relevant provisions of paragraph 5 of Schedule 3 to determine—

(a)whether the crop meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of the category of seed intended to be harvested, and

(b)unless requested not to do so by the applicant, whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any other category of seed to which paragraph (17) applies.

(9) Subject to paragraph (13), where in the case of an application made to the National Assembly under paragraph (1) or an application made under paragraph (3) that is being considered by it under paragraph (5) or has been made to it under paragraph (6), the inspected crop is found to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of—

(a)the category of seed intended to be harvested, and

(b)where applicable, any other category of seed to which paragraph (17) applies,

the National Assembly shall issue a field inspection report (which it shall retain as a lodged report unless instructed not to do so by the applicant) stating (by reference to the relevant category or categories) that the crop has been found to meet those conditions and shall send the report, or (in a case where the original report is to be retained as a lodged report by the National Assembly) a copy of the report, to the applicant.

(10) Where in the case of an application made to a licensed crop inspector under paragraph (3) the inspected crop is found to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of CS seed, the licensed crop inspector shall issue a field inspection report to the applicant stating that the crop has been found to meet those conditions.

(11) Subject to paragraph (13), where in the case of an application made under paragraph (1) or an application made under paragraph (3) that is being considered by it under paragraph (5) or has been made to it under paragraph (6), the inspected crop is found not to satisfy the conditions laid down in Schedule 3 or Part I of Schedule 4 for the production of the category of seed intended to be harvested, the National Assembly shall issue a field inspection report (which it shall retain as a lodged report unless instructed not to do so by the applicant)—

(a)stating that the crop has been found not to meet those conditions, and

(b)in a case where the crop has been inspected to determine whether it meets the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of any other category of seed to which paragraph (17) applies, stating the conditions (by reference to the relevant category or categories of seed), if any, met by the crop,

and shall send the report, or (in a case where the original report is to be retained as a lodged report by the National Assembly) a copy of the report, to the applicant.

(12) Where in the case of an application made to a licensed crop inspector under paragraph (3) the inspected crop is found not to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for the production of CS seed, the licensed crop inspector shall issue a field inspection report to the applicant stating that the crop has not been found to meet those conditions.

(13) Where—

(a)an application has been made under paragraph (1), or an application has been made under paragraph (3) that is being considered by it under paragraph (5) or has been made to it under paragraph (6), in respect of a crop produced from seed which was taken from a seed lot for which a control plot has been sown, and

(b)the results of the examination of the control plot show that the plants produced in the plot do not meet the conditions laid down in Schedule 3 or Part I or III of Schedule 4 for the production of the category of seed intended to be harvested,

the National Assembly may take account of the results of that examination when carrying out an inspection of the crop to which the paragraph (1) or (3) application relates and in determining whether it should issue a field inspection report under paragraph (9) or (11).

(14) Where paragraph (15) applies, the National Asssembly may carry out its own examination of—

(a)a crop to which an application made under paragraph (3) relates;

(b)any other crops that are being produced from seed that has been taken from the same seed lot and in respect of which an application has been made under paragraph (3); or

(c)both the crops referred to in paragraphs (a) and (b).

(15) This paragraph applies where—

(a)an application has been made to a licensed crop inspector under paragraph (3) in respect of seed that is subject to official post-control;

(b)the plants produced in the control plot being used for the purposes of the official post control have been examined by or on behalf of the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development; and

(c)it has been determined by or on behalf of the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, having regard to the conditions laid down in paragraph 1, 4 and 6 of Schedule 3, and paragraphs 1, 2 and 8 of Schedule 4, that the plants produced in the control plot are not satisfactory plants from which to harvest CS seed.

(16) Where the National Assembly has carried out an examination of the crop referred to in paragraph 14(a) or the crops referred to in paragraph 14(b), or has carried out an examination of both the crop referred to in paragraph 14(b), it shall inform the applicant whether it is satisfied that the seed used to produce the crop to which the application relates was satisfactory seed to be used for the production of CS seed, and if the National Assembly is satisfied that this is the case, the seed used to produce the crop, and seed from the same seed lot, shall be treated as being seed that has been subject to satisfactory official post control for the production of CS seed.

(17) This paragraph applies to the following categories of seed—

(a)in the case of an application made under this regulation relating to a crop that has been produced from breeder's seed and from which it is intended to harvest pre-basic seed, to the category of basic seed;

(b)in the case of an application made under this regulation relating to a crop that has been produced from officially certified pre-basic seed and from which it is intended to harvest pre-basic seed, to the categories of basic and CS seed;

(c)in the case of an application made under this regulation relating to a crop that has been produced from breeder's seed and from which it is intended to harvest basic seed, to the category of pre-basic seed; and

(d)in the case of an application made under this regulation relating to a crop produced from officially certified pre-basic seed and from which it is intended to harvest basic seed, to the categories of pre-basic and CS seed.

(18) In this regulation “seed that is subject to official post control” means seed from a seed lot for which a control plot has been sown by or on behalf of the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development, as the case may be, to determine whether, having regard to the conditions laid down in—

(a)paragraphs 1, 4 and 6 of Schedule 3, and

(b)paragraphs 1, 2 and 8 of Schedule 4,

the plants produced in the plot indicate that the corresponding plants in the field are satisfactory plants from which to harvest CS seed.