S.I. No. 228/1976 - European Communities (Seed of Fodder Plants) Regulations, 1976.

I, MARK CLINTON, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Council Directive No. 66/401/EEC of 14 June, 1966, as amended, hereby make the following regulations:

1 Short title and commencement.

1. These Regulations may be cited as the European Communities (Seed of Fodder Plants) Regulations, 1976, and shall come into operation on the 15th day of October, 1976.

2 Interpretation.

2. (1) In these Regulations—

"Annex I" means Annex I to the directive, which Annex is contained in the Schedule hereto;

"Annex II" means Annex II to the directive, which Annex is contained in the Schedule hereto;

"Annex III" means Annex III to the directive, which Annex is contained in the Schedule hereto;

"Annex IV" means Annex IV to the directive, which Annex is contained in the Schedule hereto;

"authorised officer " means an officer of the Minister authorised in writing by the Minister for the purposes of these Regulations;

"basic seed" means the following seeds, being in any case seed which may for the purposes of these Regulations be regarded as being free of the seed of Avena fatua, namely,

( a ) seed of bred varieties of fodder plants which,

(i) has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety,

(ii) is intended for the production of certified seed,

(iii) subject to Regulation 6 of these Regulations, satisfies the conditions laid down in Annex I and Annex II for basic seed, and

(iv) has been found on official examination to have been so produced, to be so intended and to have satisfied the said conditions,

( b ) seed of local varieties of fodder plants which,

(i) has been produced under official control from material accepted by the official authority as being of the local variety in one or more holdings situated within a clearly demarcated region of origin,

(ii) is intended for the production of certified seed,

(iii) subject to the provisions of Regulation 6 of these Regulations, satisfies the conditions laid down in Annex I and II for basic seed, and

(iv) has been found on official examination to have been so produced, to be so intended and to have satisfied the said conditions;

"certified seed" means seed of fodder plants which,

( a ) has been produced directly from pre-basic seed, basic seed or certified seed,

( b ) may for the purposes of these Regulations be regarded as being free of the seed of Avena fatua,

( c ) is intended for the production of certified seed or of fodder plants,

( d ) subject to Regulation 6 of these Regulations, satisfies the conditions laid down in Annex I and Annex II for certified seed, and

( e ) has been found on official examination to have been so produced, to be so intended and to have satisfied the said conditions;

"commercial seed" means seed which,

( a ) is identifiable as belonging to a particular species of fodder plant,

( b ) may for the purposes of these Regulations be regarded as being free of the seed of Avena fatua,

( c ) subject to Regulation 6 of these Regulations, satisfies the conditions laid down in Annex II for commercial seed, and

( d ) has been found on official examination to have satisfied the said conditions;

"common catalogue" means the Common Catalogue of Varieties of Agricultural Plant Species published from time to time by the Commission of the European Communities in the Official Journal of the European Communities;

"the directive" means Council Directive No. 66/401/EEC of 14 June, 1966,¹ as amended by Council Directive No. 69/63/EEC of 18 February, 1969², Council Directive No. 71/162/EEC of 30 March, 1971,³ Council Directive No. 72/274/EEC of 20 July, 1972,⁴ Council Directive No. 72/418/EEC of 6 December, 1972,⁵ Act of Accession⁶ and Council Decision of 1 January, 1973,⁷ Council Directive No. 73/438/EEC of 11 December, 1973,⁸ and Council Directive No. 75/444/EEC of 26 June, 1975;⁹

"fodder plants" mean plants of the following genera and species:

¹ OJ No. 125/2298, 11 July, 1966.

² OJ No. L48/8, 26 February, 1969.

³ OJ No. L87/24, 17 April, 1971.

⁴ OJ No. L171/37, 29 July, 1972.

⁵ OJ No. L287/22, 26 December, 1972.

⁶ OJ Special Edition p. 14, 27 March, 1972.

⁷ OJ No. L2/1, 1 January, 1973.

⁸ OJ No. L356/79, 27 December, 1973.

⁹ OJ No. L196/6, 26 July, 1975.

"Member State" means a Member State of the European Communities;

"the Minister" means the Minister for Agriculture and Fisheries;

"national catalogue" means the National Catalogue of Agricultural Plant Varieties maintained by the Minister pursuant to and in accordance with Regulations made by him under the European Communities Act, 1972 (No. 27 of 1972);

"official ", other than in the expression "official authority" or "official language", refers to any work or measure carried out by an official authority in connection with such work;

"official authority" means the authority officially designated by a Member State to carry out the work in connection with the certification, examination, sampling or sealing of fodder plant seed, or any other work or measures relevant to the provisions of the directive or these Regulations, or any similar authority in a third country;

"pre-basic" seed of fodder plants of generations prior to basic seed which,

( a ) has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety,

( b ) may for the purposes of these Regulations be regarded as being free of the seed of Avena fatua,

( c ) is intended for the production of pre-basic seed, basic seed or certified seed,

( d ) subject to Regulation 6 of these Regulations, satisfies the conditions laid down in Annex I and Annex II for basic seed, and

( e ) has been found on official examination to have been so produced, to be so intended and to have satisfied the said conditions;

"small EEC A packages" means packages containing a mixture of seeds of fodder plants not intended for the production of plants for fodder purposes with a net weight not exceeding 2 kg excluding, where contained in the package, granulated pesticides, pelleting substances or other solid additives;

"small EEC B packages" means packages containing certified seed or commercial seed or packages, other than small EEC A packages, containing a mixture of seeds of fodder plants with (in either case) a net weight not exceeding 10 kg excluding, where contained in the package, granulated pesticides, pelleting substances or other solid additives;

"statute " has the same meaning as in section 3 of the Interpretation Act, 1937 (No. 38 of 1937);

"third country" means a country or territory which is not a Member State.

(2) Any reference in these Regulations to place on the market or to marketing includes a reference to barter, offer or expose for sale by wholesale or retail, have in possession for sale by wholesale or retail and invite to buy, and kindred words shall be construed accordingly.

(3) A word or expression that is used in these Regulations and is also used in the directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the directive.

3 Application

3. These Regulations apply to fodder plant seed other than fodder plant seed which is shown to the satisfaction of the Minister to be intended for export to a third country.

4 Official authority

4. The Minister, or any person or body authorised by the Minister for the purpose, shall be the official authority for the State for the purposes of these Regulations and of the directive.

5 Marketing and Sale

5. (1) Subject to Regulation 6 of these Regulations and to paragraph (2) of this Regulation, fodder plant seed shall not be placed on the market unless—

( a ) the seed is a variety which is,

(i) a variety registered in the common catalogue and as regards which there is not in that catalogue an entry indicating that a prohibition on the marketing of the variety in the State has been authorised and is in force, or

(ii) a variety registered in the national catalogue, and

( b ) in the case of fodder plant seed which is of a genus or species specified in the Table to this Regulation, unless,

(i) it has been officially certified as pre-basic seed, basic seed or certified seed, and

(ii) it satisfies the conditions laid down in Annex II, and

( c ) in the case of fodder plant seed which is of a genus or species other than a genus or species specified in the Table to this Regulation, unless,

(i) (A) it has been officially certified as pre-basic seed, basic seed or certified seed, or

(B) it is commercial seed, and

(ii) it satisfies the conditions laid down in Annex II, and

( d ) the seed is in sufficiently homogeneous lots and in packages complying with the requirements of these Regulations, and

( e ) each lot of seed is accompanied by an official certificate issued by an official authority in the country or territory where the seed was certified certifying that,

(i) a sample of the seed has been taken and examined in accordance with Regulation 7 of these Regulations and that the sample has been found to be free of the seed of Avena fatua, and

(ii) where required by the said Regulation 7, a field inspection has been carried out in accordance with the said Regulation and that the relevant crop has been found to be free of Avena fatua, and

( f ) in case the seed is harvested in a third country, it is of a kind to which the declaration contained in Article 1 of the Fifth Council Decision on the Equivalence of Seed Produced in Third Countries (OJ No. L162 of 23 June 1976) relates.

(2) The requirements of paragraph (1) of this Regulation shall not apply to the following fodder plant seed, namely;

( a ) seed intended for tests or scientific purposes,

( b ) seed intended for selection work,

( c ) seed which has not been processed and which is marketed for processing, and as regards which the official authority is satisfied that appropriate measures have been taken to ensure the identity of the seed.

TABLE.

6 Derogation from Certification and Marketing Provisions

6. (1) Subject to Regulation 12 of these Regulations the Minister may authorise the certification and marketing of pre-basic seed and basic seed, and also of certified seed of the species Trifolium pratense which is intended for the production of other certified seed, which does not satisfy the conditions laid down in Annex II in respect of germination; provided that the supplier of the seed guarantees a specific germination for the seed which guaranteed germination shall be shown on a special label giving the name and address of the supplier and the reference number of the relevant lot of seed.

(2) ( a ) Subject to Regulation 12 of these Regulations and to subparagraph (b) of this paragraph the Minister may, where the official examination in respect of germination pursuant to Annex II has not concluded, authorise the official certification of pre-basic seed, basic seed or certified seed, or the approval of commercial seed, and the marketing of those categories of seed by way of trade as far as the first buyer,

( b ) the powers conferred on the Minister by subparagraph (a) of this paragraph shall be exercised by the Minister subject to the following conditions:

(i) a provisional analytical report on the seed, which should include the germination of the seed, shall be sent to the official authority by the supplier of the seed,

(ii) the name and address of the first buyer shall be given to the official authority by such supplier,

(iii) such supplier shall furnish to such buyer a guarantee which satisfies the Minister of the germination given in the said provisional analytical report, and

(iv) the germination so guaranteed shall be stated on a special label bearing the name and address of such supplier and the reference number of the relevant lot of seed.

(3) The Minister may for such period as he shall specify authorise the marketing of seed of a variety which is not registered in the national catalogue but which is registered in a catalogue of a Member State which corresponds to the national catalogue.

(4) The Minister may, where the Commission makes a decision in that regard, authorise the marketing, for a period specified in the decision, of seed of a category specified in the decision subject to less stringent requirements than those of these Regulations for pre-basic seed, basic seed, certified seed or commercial seed, or of seed of varieties included neither in the common catalogue nor in the national catalogue.

(5) The foregoing provisions of this Regulation, other than paragraph (4), shall not apply to seed imported from a third country unless such seed has been produced directly from pre-basic seed or basic seed and certified as such in the State.

7 Fodder plant seed to be regarded as being free of Avena fatua in certain circumstances

7. (1) Fodder plant seed shall for the purposes of these Regulations be regarded as being free of the seed of Avena fatua if,

( a ) in case the size of each individual seed is equal to or larger than a grain of wheat, a sample of the fodder plant seed of at least 500 grammes is found on official examination to be free of the seed of Avena fatua,

( b ) in any other case,

(i) if the crop of the relevant fodder plants is found, on an official field inspection to be free of Avena fatua and also if a sample of at least 100 grammes of the fodder plant seed is found on official examination to be free of the seed of Avena fatua, or

(ii) if a sample of the fodder plant seed of at least 300 grammes is found on official examination to be free of the seed of Avena fatua.

(2) Fodder plant seed, other than fodder plant seed mentioned in paragraph (3) of this Regulation, shall neither be certified as pre-basic seed, basic seed or certified seed nor be approved as commercial seed pursuant to these Regulations unless such seed is free of the seed of Avena fatua.

(3) Fodder plant seed of which the individual seed is less than the size of a grain of wheat and is produced in the State shall be certified or approved pursuant to these Regulations if, and only if, a sample of the seed of at least 300 grammes is found on official examination to be free of the seed of Avena fatua.

8 Sealing

8. (1) Packages of pre-basic seed, basic seed, certified seed and commercial seed, other than certified seed and commercial seed in small EEC B packages, shall be officially sealed in such a manner that when the package is opened the seal is damaged and cannot be re-attached.

(2) Except in the case of small EEC B packages, packages mentioned in paragraph (1) of this Regulation shall not be re-sealed (on one or more occasions) unless this is done officially. If any such package is officially re-sealed, the fact of re-sealing, the date of re-sealing and the authority responsible therefor shall be stated on the label required under Regulation 9 of these Regulations.

(3) Small EEC B packages shall be sealed in such a manner that when the package is opened the seal is damaged and cannot be re-attached. Such packages shall not be re-sealed (on one or more occasions) unless this is done under official supervision.

9 Labelling

9. (1) Packages of basic seed, certified seed and commercial seed, other than certified or commercial seed in small EEC B packages, shall be labelled on the outside with an official label in one of the official languages of the European Communities conforming to the specification contained in Annex IV and the label shall bear thereon the month and year in which the package to which the label relates is officially sealed. The label may be adhesive and when adhesive may be used also to close the package, and in case the label is not so used, an official sealing device shall be used to close the package. The label shall be white for basic seed, blue for certified seed of the first generation after basic seed, red for certified seed of subsequent generations after basic seed and brown for commercial seed. In addition to the foregoing, where the seed in the package has been certified pursuant to Regulation 6 (1) of these Regulations, the germination of the seed should be stated on the label.

(2) Packages to which paragraph (1) of this Regulation applies shall contain an official document, being of the same colour as the label of the package, giving the information specified in subparagraphs 3, 4 and 5 of paragraph A (a) of Annex IV except in the case of commercial seed, and in the case of commercial seed giving the information specified in subparagraphs 2, 4 and 5 of paragraph A (b) of Annex IV and, in either case, required by this Regulation for the label.

(3) The requirements of paragraph (2) of this Regulation shall not apply to a package to which paragraph (1) hereof applies if,

( a ) the information mentioned therein is indelibly printed on the package, or

( b ) an adhesive label is used on the package, or

( c ) a tear-resistant label is attached to the package.

(4) Paragraph (1) of this Regulation shall apply to pre-basic seed subject to the following modifications:

( a ) the colour of the label shall be white with a violet diagonal line,

( b ) the label shall,

(i) give the following information, namely, the species and variety of the seed, the official authority by whom the seed was certified and the Member State by which the authority is designated, the reference number of the relevant lot of seed and the number of generations preceding certified seed of the first generation, and

(ii) bear thereon the words "pre-basic seed".

(5) Small EEC B packages shall bear on the outside, in accordance with paragraph B of Annex IV, either a supplier's label, a printed notice or a stamp in one of the official languages of the Community. In the case of transparent packages the said label or notice may be placed inside provided that it can be read through the package. The colour of the said label, notice or stamp shall be blue for certified seed of the first generation after basic seed, red for certified seed of subsequent generations after basic seed and brown for commercial seed.

(6) Any chemical treatment of pre-basic seed, basic seed, certified seed or commercial seed shall be indicated either on the official label or on a supplier's label and also on the package containing the seed or inside such package.

(7) When the Minister gives an authorisation under Regulation 6 (4) of these Regulations, the official label of any package of seed which is seed to which the authorisation relates shall be,

(i) in case the seed corresponds to pre-basic seed, basic seed or certified seed, of the colour which under these Regulations is appropriate for the seed to which it corresponds,

(ii) in case it does not so correspond, brown,

and in addition to the foregoing such label shall indicate that the marketing of the seed is subject to requirements which are less stringent than those otherwise required by these Regulations.

10 Marketing of Mixtures

10. (1) Fodder plant seed in the form of mixtures which are either,

( a ) mixtures of seed of various genera, species or varieties of such seed, or

( b ) mixtures containing fodder plant seed and seed which is not fodder plant seed,

shall not be marketed unless the components of the mixtures comply, before mixing, with the relevant provisions of these Regulations and any other Regulations made under the European Communities Act, 1972 , relating to the marketing of seed which is not fodder plant seed and which apply to them.

(2) Fodder plant seed in the form of mixtures shall not be marketed unless the seed is in sufficiently homogeneous lots, is accompanied by a certificate required by these Regulations and is in packages complying with the requirements of these Regulations modified as follows, namely, that for the purposes of this paragraph Regulation 9 (1) of these Regulations shall be construed as requiring the label to be green.

11 Sampling

11. (1) In the official examination of fodder plant seed for certification and in officially approving such seed as commercial seed, samples shall be officially drawn both from sufficiently homogeneous lots and in accordance with the International Rules for Seed Testing published by the International Seed Testing Association and the maximum weight of a lot of seed and the minimum weight of a sample shall be as laid down in Annex III.

(2) Where an authorised officer takes a sample of seed pursuant to these Regulations, the provisions of paragraph (1) of this Regulation shall apply as regards the minimum weight of the sample and the sample shall be drawn in accordance with the Rules mentioned in that paragraph.

12 Fodder plant seed marketed in small quantities to the final consumer

12. Notwithstanding the non-compliance with a requirement of these Regulations as to packaging, sealing or marking, fodder plant seed may be marketed at the retail stage to the final consumer in quantities not exceeding 20 kg if, but only if, the seed is taken, in the presence of the purchaser, from the package in which it was packed under official supervision and such package is, when the seed is taken from it, marked in accordance with these Regulations.

13 Registration, etc.

13. (1) The Minister shall, in accordance with the provisions of these Regulations, set up and maintain a register to be known as the Register of Fodder Plant Seed Processors, Importers and Mixers (in these Regulations referred to as the register).

(2) On and from the 1st day of January, 1977, a person shall not carry on the business of a seed processor, a seed importer, a seed processor and importer or a seed mixer, unless he is registered in the register as such.

(3) There shall be entered in the register the following particulars, namely:

( a ) the full name, address and description of the person registered therein,

( b ) in case a person is registered therein as a seed processor, a seed processor and importer or a seed mixer, a description of the premises in which such person carries on the business of seed processing or seed mixing which description shall be sufficient to identify those premises and the limits and extent thereof and also the place where the relevant fodder plant seed is stored, and

( c ) such other particulars as the Minister, in the circumstances of any particular case, considers relevant.

(4) Any change in the name or address of a person registered in the register shall be notified by him to the Minister.

(5) On the application, in such form and containing such particulars as the Minister may direct, by or on behalf of a person who proposes to carry on the business of a seed processor, seed importer, seed processor and importer or seed mixer, the Minister may register the person in the register as such.

(6) Before the Minister registers any person under paragraph (5) of this Regulation the Minister shall be satisfied that—

( a ) there are available to the person such premises and facilities as are adequate to enable the person to carry on the business to which the application relates, and

( b ) in addition to the foregoing,

(i) in case the application is for registration as a seed processor or a seed processor and importer, that there is so available such premises and such plant or machinery as will enable the person to seed process not less than fifty tonnes of fodder plant seed per year,

(ii) in case the application is for registration as a seed mixer, that there is so available such premises and such plant or machinery as will enable the person to mix not less than twenty tonnes of fodder plant seed per year.

(7) Whenever the Minister proposes to refuse an application for registration in the register he shall, before doing so, notify in writing the applicant for registration of his intention and of the reasons therefor, and, if any representations are made to the Minister by the applicant within seven days after the giving of the notification, the Minister shall consider them.

(8) In this Regulation—

"seed importer" means a person who imports fodder plant seed in any quantity exceeding 2 kg and " importer " shall be construed accordingly;

"seed mixer" means a person who mixes and who does not otherwise process (apart from measuring) fodder plant seed;

"seed processor" means a person who assembles, dries, cleans, treats, mixes or otherwise processes (apart from measuring) fodder plant seed which is intended for sale and " seed processing " and " seed process " shall be construed accordingly.

14 Records, returns, etc.

14. (1) Any person who carries on the business of processing, mixing or marketing fodder plant seed (including the importation and storage of such seed) shall,

( a ) keep records of his transactions in such seed,

( b ) produce at the request of an authorised officer any such records or any books, documents or other records relating to the said business which are in the possession or under the control of such person,

( c ) permit any such officer to inspect and take extracts from such books, documents or records and give to the officer any information which he may reasonably require in relation to any entries therein,

( d ) afford to any such officer reasonable facilities for inspecting the stock of any such seed on any premises on which such person carries on such a business,

( e ) give to an authorised officer any information he may reasonably require in relation to such transactions including in particular information which he may reasonably require regarding any fodder plant seed specified by him, whether imported from other Member States or from third countries.

(2) A person who imports (whether from another Member State or from a third country) a quantity of fodder plant seed exceeding 2 kg shall, at the time of importation, furnish to the Minister in writing the following particulars regarding the seed, namely, the species, variety, category, country of production, name of the relevant official authority, country of dispatch and quantity of the seed.

15 Powers of authorised officers

15. (1) In addition to the powers conferred by Regulation 14 of these Regulations, an authorised officer may at any reasonable time enter and inspect any premises in which he has reasonable grounds for believing that the business of processing, mixing or marketing, or of importing or exporting, fodder plant seed is carried on, or any other premises in which he so believes such seed to be kept, being seed which he so believes to have been landed or otherwise brought into the State, or any railway wagon, vehicle, ship, vessel or aircraft in which he so believes such seed to be kept, and any such officer may examine the stock and take samples of any fodder plant seed which he finds in the course of his inspection.

(2) Where a sample is taken pursuant to this Regulation, the authorised officer concerned shall—

( a ) notify forthwith the appropriate person that the sample is so taken, and

( b ) if so required by the appropriate person at the time of the giving of the notification, take a second sample, which shall be like the sample already so taken, and mark and leave it with the appropriate person,

and in case a second sample is left pursuant to a requirement under this Regulation, the person making the requirement may cause the sample to be tested, examined or analysed.

(3) Any person who obstructs or interferes with an authorised officer in the course of exercising a power conferred on him under this Regulation shall be guilty of an offence and shall be liable on smmary conviction to a fine not exceeding £100.

(4) The Minister shall furnish an authorised officer with a certificate of his appointment and, when exercising any powers conferred by these Regulations, the officer shall, if requested by any person affected, produce the certificate to that person.

(5) In this Regulation—

"the appropriate person " means,

( a ) in relation to premises, any person who appears to an authorised officer to be, for the time being, in charge of the premises,

( b ) in relation to a railway wagon, vehicle, ship, vessel or aircraft, the owner thereof or person who is for the time being in charge thereof or the agent of such owner.

16 Minister may require certain seed to be disposed of

16. (1) Where a sample of seed is taken pursuant to these Regulations by an authorised officer and is found on official examination not to comply with a requirement of these Regulations, then the Minister may require that the seed shall be destroyed or otherwise disposed of in such manner as the Minister shall determine.

(2) In case the Minister makes a requirement under this Regulation the following provisions shall apply;

( a ) he shall inform in writing of the requirement the person who is in possession or control of the seed to which the requirement relates,

( b ) where such person is so informed, pending the disposal of such seed in accordance with the requirement, the seed shall be moved only with the consent of an authorised officer, and

( c ) such person shall dispose of the seed, or cause or permit it to be disposed of, only in accordance with the requirement.

17 Prosecution of Offences

17. An Offence under these Regulations may be prosecuted by the Minister.

18 Penalty

18. A person who contravenes these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

19 Saver

19. Nothing in these Regulations shall be construed as affecting a provision of any statute, whether passed before or after the making of these Regulations, which is a provision for the protection of human life or health, animal life or health, plant life or health, or industrial or commercial property.

SCHEDULE.

ANNEX I.

CONDITION FOR CROP CERTIFICATION.

1. The crop shall have sufficient identity and varietal purity.

2. There shall be at least one official field inspection before each seed harvest.

3. The cultural conditions of the field and the stage of development of the crop shall be such as to permit identity and varietal purity to be adequately checked.

4. The field shall not have had previous cropping of a kind incompatible with the production of seed of the species and variety of the crop.

4a. In the case of Brassica species, the minimum distances from neighbouring crops of other varieties or subspecies shall be:

400m for basic seed;

200m for certified seed.

These distances can be disregarded if there is sufficient protection from any undesirable foreign pollination.

5. For other cross-fertilized species the minimum distances from neighbouring crops of other varieties of the same species, from crops of the same variety showing marked degeneration and from crops of related species which may result in undesirable foreign pollination shall be:

These distances can be disregarded if there is sufficient protection from any undesirable foreign pollination.

ANNEX II.

CONDITIONS TO BE SATISFIED BY THE SEED.

I. CERTIFIED SEED.

1. The seed shall have sufficient identity and varietal purity.

2. Diseases which reduce the usefulness of the seed shall be at the lowest possble level.

3. The seed shall also conform to the following:

A. Standards:

B. Notes:

(a) Up to the maximum quantity indicated, hard seeds present shall be regarded as seeds capable of germination.

(b) All fresh and healthy seeds which do not germinate after pretreatment shall be regarded as seeds which have germinated.

*(c) The seed shall be free from Avena fatua and Cuscuta; however, one seed of Avena fatua or Cuscuta in a 100-gramme sample shall not be regarded as an impurity if a second sample of 200 grammes is free from Avena fatua and Cuscuta.

(d) The percentage by weight of Alopecurus myosuroides seeds shall not exceed 0.3.

(e) The percentage by weight of seeds of other cultivated plants shall not exceed 1; in the case of a Poa species, 1% seeds of other Poa species shall not be regarded as an impurity.

(f) The number of seeds of Rumex obtusifolius and of Rumex crispus shall not exceed 2 in a 5 gramme sample.

C. Special conditions for Lupinus spec.:

(a) The percentage by number of seeds of another colour shall not exceed 2 in the case of bitter lupin and 1 in the case of other lupins.

(b) The percentage by number of bitter seeds in varieties of sweet lupin shall not exceed:

3 for certified seed of the first generation after basic seed;

5 for certified seed of subsequent generations after basic seed.

II. BASIC SEED.

Subject to the supplementary provisions below, the conditions laid down in Section I of this Annex shall apply to basic seed:

1. The percentage by weight of seeds of other plants shall not exceed 0.2, of which neither the percentage of seeds of other cultivated plants nor the percentage of weed seeds shall exceed 0.1.

2. The number of Alopecurus myosuroides seeds shall not exceed 5 in a sample of 25 grammes.

3. Lupinus spec.: the percentage by number of bitter seeds in varieties of sweet lupin shall not exceed 1.

III. COMMERCIAL SEED.

Subject to the supplementary provisions below, the conditions laid down in paragraphs 2 and 3 of Section I of this Annex shall apply to commercial seed:

1. The percentage by weight of seeds of other cultivated plants shall not exceed 3.

2. In the case of Poa annua L., 10%, and of other Poa species, 3% of seeds of other Poa species shall not be regarded as an impurity.

3. In the case of a Vicia species, a total of 6% of seeds of Vicia pannonica, Vicia villosa and related cultivated species shall not be regarded as an impurity.

4. Lupinus spec.:

(a) The percentage by number of seeds of another colour shall not exceed 4 in the case of bitter lupin and 2 in the case of other lupins.

(b) The number of bitter seeds in sweet lupin shall not exceed 5%.

Notes for Annex II.

* The sample sizes to be used in the State in relation to the presence of the seed of Avena fatua are 100 grammes, 300 grammes and 500 grammes. The standard contained in paragraph 3B (c) of Annex II as regards the seed of Avena fatua is not that applying in the State. The standard so applying is that contained in Regulation 7 of these Regulations.

ANNEX III.

ANNEX IV.

MARKING.

A. Official label

I. Information required

( a ) For basic seed and certified seed:

1. 'EEC rules and standards',

2. Certification authority and Member State or their initials,

3. Reference number of lot,

4. Species,

5. Variety,

6. Category,

7. Country of production,

8. Declared net gross weight or declared number of pure seeds.

9. Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seeds and the total weight,

10. For certified seed of the second generation and subsequent generations after basic seed: number of generations after basic seed,

11. For seed of grass varieties which have not been subjected to tests for their cropping value and use in accordance with Article 4 (2) (a) of Council Directive No. 70/457/EEC of 29 September 1970 concerning the common catalogue of species of agricultural plants: " Not intended for the production of fodder plants ".

( b ) For commercial seed:

1. 'EEC rules and standards ',

2. " Commercial seed (not certified as to variety) ",

3. Supervising authority and Member State or their initials,

4. Reference number of lot,

5. Species,¹

6. Area of production,

7. Declared net or gross weight or declared number of pure seeds,

8. Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seed and the total weight.

(¹ For lupins, it should be specified whether they are bitter or sweet lupins.)

( c ) For mixtures of seed:

1. "Mixture of seed for....(intended use)",

2. Authority responsible for sealing and Member State or their initials,

3. Reference number of lot,

4. Percentage by weight of the various components shown by species and, where appropriate, by variety; it is sufficient to give the name of the mixture if the percentage by weight has been notified in writing to the purchaser and officially recorded,

5. Declared net or gross weight or declared number of pure seeds,

6. Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seed and the total weight.

II. Minimum dimensions

110 X 67 mm.

B. Supplier's label or information on the packaging (small EEC package)

Information required

( a ) Certified seed:

1. "Small EEC B package",

2. Name and address of the supplier responsible for marking or his identification mark,

3. Officially assigned serial number,

4. Service which assigned the serial number and name of Member State or their initials,

5. Reference number if the official serial number does not enable the certified seed lot to be identified,

6. Species,

7. Variety,

8. "Certified seed",

9. Net or gross weight or number of pure seeds,

10. Where weight is indicated and granulated pesticides, pelleting substances, or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seed and the total weight,

11. For seed of grass varieties which have not been subjected to tests for their cropping value and use in accordance with Article 4 (2) (a) of Council Directive No. 70/457/EEC of 29 September 1970 concerning the common catalogue of species of agriculture plants: " not intended for the production of fodder plants ".

( b ) Commercial seed:

1. "Small EEC B package",

2. Name and address of the supplier responsible for marking or his identification mark,

3. Officially assigned serial number,

4. Service which assigned the serial number and name of Member State or their initials,

5. Reference number if the official serial number does not enable the admitted seed lot to be identified,

6. Species,¹

7. "Commercial seed",

8. Net weight or gross weight or number of pure seeds,

9. Where weight is indicated and granulated pesticides, pelleting substances, or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seeds and the total weight.

(¹ For lupins, it should be specified whether they are bitter or sweet lupins.)

( c ) Seed mixtures:

1. "Small EEC A package" or "small EEC B package",

2. Name and address of the supplier responsible for marking or his identification mark,

3. Small EEC B package: officially assigned serial number,

4. Small EEC B package: service which assigned the serial number and name of Member State or their initials,

5. Small EEC B package: reference number if the official serial number does not enable the used seed lots to be identified,

6. Small EEC A package: reference number enabling the used seed lots to be identified,

7. Small EEC A package: Member State or its initials,

8. "Seed-mixture for. . . . (intended use)",

9. Net weight or gross weight or number of pure seeds,

10. Where weight is indicated and granulated pesticides, pelleting substances, or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seed and the total weight,

11. Percentage by weight of the various components shown by species and, where appropriate, by variety; it is sufficient to give part of this information, as Member States may prescribe for small packages produced in their territory, and a reference to the kind of mixture if the proportion by weight can be communicated to the purchaser on request and has been officially recorded.

GIVEN under my Official Seal, this 4th day of October, 1976.

MARK CLINTON,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

The Regulations—

(1) provide that fodder plant seeds may not be marketed unless they have been certified or approved, sealed and labelled in accordance with the EEC Directives on the marketing of fodder plant seed (except in the case of a small number of species the marketing of which is still allowed as commercial seed);

(2) provide that fodder plant seed may not be marketed unless it is seed of a variety registered in the National Catalogue or in the EEC Common Catalogue;

(3) provide that mixtures of fodder plant seeds may not be marketed unless they have been certified, sealed and labelled in accordance with the EEC Directives on the marketing of fodder plant seed;

(4) contain provisions on the freedom of fodder plant seed from Avena fatua (Spring Wild Oat);

(5) provide for the registration by the Minister for Agriculture and Fisheries of any person who carries on the business of processing, mixing or importing fodder plant seed.