2013 No. 304
The Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2013
Made
Coming into operation
The Department of Agriculture and Rural Development F1 makes the following Regulations in exercise of the powers conferred by sections 1(1), (2A) and 2 of the Seeds Act (Northern Ireland) 1965 F2, after consultation, in accordance with section 1(1) of that Act, with representatives of such interests as appear to it to be concerned.
1965 c.22 (N.I.); section 1 was amended by 1970 c.20 (N.I.) section 10(1) and S.R. & O. (N.I.) 1972 No 351 Article 3 and Schedule 3
PART 1GENERAL
Citation and commencement1
These Regulations may be cited as The Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 and come into operation on 20th January 2014.
PART 2AMENDMENT OF THE VEGETABLE SEEDS REGULATIONS (NORTHERN IRELAND) 2009
Amendment of The Vegetable Seeds Regulations (Northern Ireland) 20092
In regulation 3 (definitions relating to plant species) of the Vegetable Seeds Regulations (Northern Ireland) 2009 F3, for the definition of “tomato” substitute “ “tomato” means plants commonly known by that name of the species Solanum lycopersicum L;”.
PART 3AMENDMENT OF THE FODDER PLANT SEEDS REGULATIONS (NORTHERN IRELAND) 2009
Amendment of The Fodder Plant Seeds Regulations (Northern Ireland) 20093
The Fodder Plant Seeds Regulations (Northern Ireland) 2009 F4 are amended in accordance with regulations 4 to 6.
4
In regulation 2(1) (general interpretation) for the definition of “the Fodder Plant Seed Directive” substitute “
“the Fodder Plant Seed Directive” means Council Directive 66/401/EEC on the marketing of fodder plant seed F5
”
.
5
1
Regulation 25 (sampling) is amended as follows.
2
In paragraph (3) for the words “paragraph (5)” substitute “
paragraph (5) or regulation 25A
”
.
3
For paragraph (4) substitute the following—
4
Subject to paragraph (5), the maximum weight of a seed lot of a mixture of seeds to which regulation 24(1) or (2) applies shall be 10 tonnes, except that, where more than 50% of the mixture consists of species of seeds for which the maximum seed lot weight prescribed in seeds regulations is more than 10 tonnes, the maximum weight of a mixture shall be that of the larger or largest seed lot.
4
For paragraph (5) substitute the following—
5
a
Subject to sub-paragraph (b), a seed lot may exceed the maximum weight for a seed lot required under paragraph (3) or (4) by not more than 5 per cent.
b
Where a person referred to in regulation 25A has approval to increase the maximum weight of a seed lot of grasses to 25 tonnes, the weight of such a seed lot may not exceed 25 tonnes by not more than 5 per cent.
5
In paragraph (7)(b) for the words “paragraph (3) or (4)” substitute “
paragraph (3) or (4) or regulation 25A
”
.
6
After regulation 25 insert the following—
Increase to maximum weight of a seed lot of grasses25A
1
Any person registered by the Department under regulation 5 of the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009 F6 or by another National Authority under any equivalent provision extending to any other part of the United Kingdom may apply to the Department for approval to increase the maximum weight, specified in column 2 of Schedule 7, of a seed lot of grasses set out in paragraphs 1 and 2 of column 1 to 25 tonnes.
2
An application under paragraph (1) shall be made in writing to the Department and contain such information as the Department may require.
3
An approval may be made subject to such conditions as the Department thinks are necessary.
4
The Department may withdraw an approval to increase the maximum weight of a seed lot of grasses where it is satisfied that there has been a breach of any condition imposed under paragraph (3).
5
In paragraph (1), the words National Authority have the same meaning as the words “National Authorities” in regulation 2(1) of the Seeds (National List of Varieties) Regulations 2001 F7.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 19th December 2013
Formerly the Department of Agriculture for Northern Ireland: see S.I. 1999/283 (N.I. 1) Article 3(4)