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Consultation on the Transposition of Commission Directive 2009/145/EC on Amateur and Conservation Varieties of Vegetables Seed

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Annex B Proposed Outline Framework for Marketing of Amateur and Conservation Varieties of Vegetables Seed.

Introduction

It is proposed that in order to achieve the main objective of this Community legislation, which is to encourage the conservation of old varieties and landraces and the traditional practices that they support, our implementing measures should be as simple and proportionate as possible with the minimum financial burden on applicants. To do otherwise could undermine the aims of the legislation.

Seed production and marketing

1. Official monitoring of seed production and marketing should be as simple as possible to minimise the burden on producers. While seed must meet the appropriate standards specified in seeds marketing regulations, there is no requirement for this to be achieved through the official certification system. However, the seed must comply with the requirements of Certified Seed and Standard Seed. The responsibility for meeting seed quality standards lies with those marketing the seed, and it is their choice as to how to achieve this. There will be no fees for crop entry and seed lot certification. If seed is to be tested by an Official or Licensed Seed Testing Station a seed testing charge will be applied.

Conservation Varieties

2. The system outlined below is proposed to meet the requirements of Chapter 2 of the Directives, concerning seed production and marketing.

2.1. Conservation varieties may be marketed as Certified or Standard Seed.

2.2. The variety must have been accepted onto the UK National List as a vegetable conservation variety.

2.3. The seed must be produced from a crop grown in the region of origin specified for the variety at the time of National Listing.

2.4. The seed may only be marketed and used in the stated region of origin.

2.5. Companies producing and marketing seed of conservation varieties will need to be registered and required to keep records in the usual way.

2.6. Each season, those wishing to market conservation varieties will be asked for information on crops intended for seed production. These details will be sufficient to locate and identify each crop if necessary.

  • Variety
  • Species
  • Region of origin
  • Field identification
  • Crop area (hectares)
  • Address of crop
  • Address of company responsible for the crop and marketing of the seed produced from it.

Quantitative restrictions

3. For each conservation variety, the UK will ensure that the quantity of seed marketed per annum, does not exceed the quantity necessary for producing vegetables on the number of hectares set out in Annex I of 200/145 for the respective species.

Seed marketing procedures

4.1 Those wishing to market seed of conservation varieties will need to provide results of the seed testing for each seed lot together with other seed lot details such as weight.

4.2. There will be no statutory requirement for official or licensed crop inspection, or the use of official or licensed samplers. It will be the applicant's responsibility to ensure that seed meets the required quality standards. Applicants should note that the seed and crop

standards in the marketing regulations apply. Applicants could choose to use official or licensed crop inspectors, seed samplers and seed testing stations as part of their process.

4.3. Seed testing: the testing will need to be carried out to International Standards.

4.4. Maximum lot sizes will be the same as those in existing Seed Marketing Regulations.

4.5. Producers will to be required to send the remainder of the sample used for seed testing purposes to SASA.

4.6. Varietal identity and purity will be monitored by an appropriate level of official post-control.

4.7. Seed will be packed, sealed and labelled as required by the existing Seed Marketing Regulations, using a brown suppliers label containing the same information as for Certified or Standard Seed as appropriate, with the addition of the words "conservation variety" and stating the region of origin of the variety. This will be monitored through the current audit programme.

4.8. All other requirements of the Marketing Regulations will apply.

Reporting, record keeping and official monitoring

5.1 By 31 st March of each year, companies marketing seed of conservation varieties must provide Scottish Government with information about the amount of seed of each variety marketed in the preceding 12 months.

5.2 In line with the Seed (Licensing, Registration and Enforcement) (Scotland) Regulations 2006, applicants are required to retain records for a minimum of six years of their transactions in seeds and of the treatment, testing and other operations undertaken in relation to the marketing of amateur varieties. Seed samples will need to be stored for a period of two years.

5.3 RPID Inspectors may, as part of their enforcement duties, visit applicants to audit records and to take samples of marketed seed.

5.4 Seed crops of a conservation variety may be checked by officials.

Amateur Vegetable Varieties

Amateur varieties can only be marketed in small packets as Standard Seed and on the condition that the variety has been accepted onto the UK National List or EU Common Catalogue as an amateur vegetable variety 'developed for growing under particular conditions'.

6. Companies involved solely in marketing small packets need not be registered with the Scottish Government.

Quantitative restrictions

7. Marketing of amateur varieties is subject to the quantitative restrictions (maximum weight of small packages) set out in the Vegetable Seed Regulations.

Seed marketing procedures

7.1 The seed must have sufficient varietal purity and meet the quality standards specified for Standard Seed.

7.2 Seed must be produced in homogenous lots, not exceeding the maximum lot weight specified in the vegetable seed marketing regulations.

7.3 A sample of every seed lot must be taken and retained for two years and kept available for official monitoring. The retained sample must meet the minimum weight specified in the vegetable seed marketing regulations.

7.4 Seed must be marketed in sealed packages or containers.

7.5 Each package or container must be labelled with a supplier's label containing the information prescribed in the regulations for Standard Seed with the addition of the words 'amateur variety'.

Reporting, record keeping and official monitoring

8.1 In line with the Seed (Licensing, Registration and Enforcement) (Scotland) Regulations 2006, applicants are required to retain records for a minimum of six years of their transactions in seeds and of the treatment, testing and other operations undertaken in relation to the marketing of amateur varieties. Seed samples will need to be stored for a period of two years.

8.2 RPID Inspectors may, as part of their enforcement duties, visit applicants to audit records and to take samples of marketed seed.