Seeds Regulations

The Seeds Act (Northern Ireland) 1965 regulates the sale of seeds and seed potatoes. The Ministry for Agriculture may make regulations to ensure reliable information regarding the nature, condition, and quality of seeds sold for sale, prevention of the sale of seeds which are deleterious or have not been tested for purity and germination, prevention of the spread of plant disease, and regulating the description of seeds which are sold.

Seeds Regulations may make provisions for regulating the marketing and importation or exportation of seeds or any related activities. It may include provisions for the registration and licensing of persons engaged in the seeds industry and related activities; ensuring seeds in any official list remain true to the variety; keeping an inspection of records and the giving of information; conferring the rights of appeal to the Plant Varieties and Seeds Tribunal.

Seeds Regulations may include provisions as to packets, bags, trays, and other containers in which seeds may be sold or delivered to purchasers, or other requirements relating to marking containers.

Seeds Regulation may require information to be given in a prescribed manner, including the giving of any label, container, or package regarding seeds which are sold or offered or exposed for sale. In particular, they may require the seller of any seeds to deliver a statement containing prescribed particulars to the purchaser within a time limit.

The Regulations may require particulars contained in a statement to be delivered to the person to whom seeds are sold or another person to include particulars ascertained and a test of the seeds. Regulations may prohibit the selling or offering for sale of seeds which contain more than a prescribed proportion of weed seeds or weed seeds of a kind.

Regulations may prohibit and restrict importation into Northern Ireland or the selling or offering, exposing for sale, of seeds which contain any seeds of weeds of a kind specified by regulations. They may prohibit persons from using, in relation to seeds which are sold or offered for sale, a prescribed name or designation except where the seeds have been grown or selected under the prescribed conditions.

Regulations may require persons who deal in seeds to supply to the Department of Agriculture information and records in relation to transactions in seeds, statutory statements given or received, processing and treatments of seeds, results of seed tests. Department officers may be authorised to call for the production of records.

Where persons who deal in seeds also grow seeds, regulations may require persons to supply the Department with information and keep records in relation to areas sown, and the yields of a crop. Regulations may regulate the procedure to be observed in conduct as an official testing station and other establishments licensed. They may regulate the manner in which seed tests are to be undertaken. They may provide for the licensing of establishments for testing seeds, other than official testing stations.

The Regulations may impose conditions on persons authorised to take samples and the places where they may be taken. They may require the person taking a sample to give part to the owner or some other person, and may prescribe the manner in which the sample is to be divided. They may impose duties in relation to marking and labelling and preservation of the sample.

Since regulations may exempt or authorise the Department to exempt persons or classes of persons generally from compliance with any of the provisions of the legislation. It is an offence to include in a statutory statement anything which is false in a material respect, or to contravene any provision of the seeds legislation.

The statutory statement in relation to seeds shall, notwithstanding any contract or note to the contrary, have effect as a written warranty by the seller that the conditions and statement are correct. Limits of variation may be prescribed, and warranties that are incorrect within the limits of the variation are not actionable. It is a defence to proceedings under the Act that misstatements do not exceed the limits of variation.

In relation to proceedings for false particulars in a statutory statement, it is a defence that the accused took all reasonable precautions against committing the offence of the kind alleged and had not at the time of the alleged offence any reason to suspect that an offence is being committed. Where the accused obtained the seeds to which the alleged notice relates to some other person, on demand by or on behalf of the prosecutor, the accused gave all the information in his power with respect to that person’s identity and address.

The Department is authorised to maintain official seed stations. It may charge fees for services. A certificate of the result of a test is sufficient evidence of the facts stated and for the purpose of proceedings, provided it was taken by an authorised officer or by another to obtain the test for the purpose of the provision, unless the parties require that the person under whose direction the test was made be called as a witness, for which a certain period of notice was required.

There are powers of entry under the legislation other than on private dwelling. Records may be inspected, taken, etc., for the purpose of ascertaining whether there has been compliance with the Act and the seeds regulations made thereunder.

Evidence may be taken by way of samples for use in proceedings subject to conditions. The sample must be divided into three parts, one of which is given to the owner of the seeds or a third part of which is to be retained. A certificate may be issued regarding the tests on a sample. A certificate prescribed by the seeds regulation purporting to be issued by an authorised officer is sufficient evidence of the facts stated in the certificate.