Statutory Rules of Northern Ireland
1997 No. 413
SEEDS
Seeds (Fees) Regulations (Northern Ireland) 1997
Made
11th September 1997
Coming into operation
13th October 1997
The Department of Agriculture, in exercise of the powers conferred on it by sections 1(1), 1(2A)(1), 2(2) and (4) of the Seeds Act (Northern Ireland) 1965(2) and of every other power enabling it in that behalf, after consultation with representatives of such interests as appear to it to be concerned and with the approval of the Department of Finance and Personnel(3) with regard to the licensing fee for licensed testing establishments, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Seeds (Fees) Regulations (Northern Ireland) 1997 and shall come into operation on 13th October 1997.
Revocation
2. The Seeds (Fees) Regulations (Northern Ireland) 1996(4) are hereby revoked.
Fees
3. Subject to the provisions of these Regulations there shall be paid to the Department in respect of matters arising under the Regulations referred to in Schedules 1 to 6 the fees set out in Column (3) of each of those Schedules opposite the respective references to such matters in Column (1), and in accordance with Column (2), of each of those Schedules.
Exemption
4. The Department may exempt any person or class of persons, or persons generally, from compliance with any of the provisions of these Regulations and the exemptions may be made subject to conditions.
Sealed with the Official Seal of the Department of Agriculture on
L.S.
Liam McKibben
Assistant Secretary
11th September 1997.
The Department of Finance and Personnel hereby approves the foregoing Regulations in regard to the licensing fee for licensed testing establishments.
Sealed with the Official Seal of the Department of Finance and Personnel on
L.S.
D. Thomson
Assistant Secretary
11th September 1997.
SCHEDULE 1Matters arising under the Cereal Seeds Regulations (Northern Ireland) 1994(5)
(1)
(2)
(3)
Matter
When Payable
Fee
£
£(6)
A. Initial fees
Initial fee per hectare or part thereof for crops intended to produce:—
On application for registration
(i)pre-basic or basic seed
22·35
(21·80)
(ii) certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale and oats or certified seed of rye and maize
5·60
(5·45)
(iii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats
5·00
(4·90)
B. Crop inspection fees
Fee for official examination or re- examination of crops intended to produce seed as set out in A(i), (ii) or (iii) per hectare or part thereof examined
Within one month of demand by the Department
11·15
(10·90)
C. Seed lot fee
Fee for the issue of an official certificate in respect of a seed lot entered as:—
On application
(i) breeder's, pre-basic or basic seed, certified seed of the first generation of wheat, durum wheat, spelt wheat, barley, triticale, oats or certified seed of rye and maize
36·85
(35·95)
(ii) certified seed of the second generation of wheat, durum wheat, spelt wheat, barley and oats
18·45
(18·00)
D. Seed testing fees
Fee for an official examination of seed for loose smut infection of wheat, durum wheat, spelt wheat and barley (per thousand embryos examined)
Within one month of demand by the Department
32·40
(31·60)
SCHEDULE 2Matters arising under the Fodder Plant Seeds Regulations (Northern Ireland) 1994(7)
(1)
(2)
(3)
Matter
When Payable
Fee
£
£(8)
A. Initial fees
Initial fee per hectare or part thereof for crops intended to produce:—
On application for registration
(i) pre-basic or basic seed of—
(a)grasses, legumes (except field beans and field peas) and crucifers
16·75
(16·35)
(b)field beans and field peas
14·50
(14·15)
(ii) certified seed of grasses, legumes (except field beans and field peas) and crucifers
7·85
(7·65)
(iii) certified seed of the first and second generation of field beans and field peas
6·70
(6·55)
B. Crop inspection fees
Fee for official examination or re- examination of crops intended to produce seed as set out in A(i), (ii) or (iii) per hectare or part thereof examined
Within one month of demand by the Department
11·15
(10·90)
C. Seed lot fee
Fee for the issue of an official certificate in respect of a seed lot entered as:—
On application
(i) breeder’s seed of—
(a)grasses, legumes (except field beans and field peas) and crucifers
30·20
(29·45)
(b)field beans and field peas
49·15
(47·95)
(ii) pre-basic or basic seed of—
(a)grasses, legumes (except field beans and field peas) and crucifers
57·00
(55·60)
(b)field beans and field peas
49·15
(47·95)
(iii) certified seed of grasses, legumes (except field beans and field peas) and crucifers
57·00
(55·60)
(iv) certified seed of the first and second generation of field beans and field peas
45·80
(44·70)
(v) commercial seed of the kinds for the time being specified in regulation 3(2) of the Fodder Plant Seeds Regulations (Northern Ireland) 1994
50·30
(49·05)
SCHEDULE 3Matters arising under the Oil and Fibre Plant Seeds Regulations (Northern Ireland) 1994(9)
(1)
(2)
(3)
Matter
When Payable
Fee
£
£(10)
A. Initial fees
Initial fee per hectare or part thereof for crops intended to produce:—
On application for registration
(i) pre-basic or basic seed
24·60
(24·00)
(ii) all other categories of seed
11·75
(11·45)
B. Crop inspection fees
Fee for official examination or re- examination of crops intended to produce seed as set out in A(i) or (ii) per hectare or part thereof examined
Within one month of demand by the Department
11·15
(10·90)
C. Seed lot fee
Fee for the issue of an official certificate in respect of a seed lot entered as:—
On application
(i) breeder’s pre-basic or basic seed
44·70
(43·60)
(ii) all other categories of seed
44·70
(43·60)
D. Seed testing fees
Fees for an official examination of seed for:—
Within one month of demand by the Department
(i) sunflower for Botrytis spp
37·95
(37·05)
(ii) flax and linseed for—
(a)Alternaria spp
(b)Phoma exiqua var. linicola
(c)Colletotrichum lini
(d)Fusarium spp
(e)Botrytis spp
31·25
(30·50)
SCHEDULE 4Matters arising under the Beet Seeds Regulations (Northern Ireland) 1994(11)
(1)
(2)
(3)
Matter
When Payable
Fee
£
£(12)
A. Initial fees
Initial fee per hectare or part thereof for crops intended to produce:—
On application for registration
(i) pre-basic or basic seed
29·05
(28·35)
(ii) certified seed
13·45
(13·10)
B. Crop inspection fees
Fee for official examination or re- examination of crops intended to produce seed as set out in A(i) or (ii) per hectare or part thereof examined
Within one month of demand by the Department
11·15
(10·90)
C. Seed lot fee
Fee for the issue of an official certificate in respect of a seed lot entered as:—
On application
(i) pre-basic or basic seed
54·75
(53·40)
(ii) certified seed
53·60
(52·30)
SCHEDULE 5Matters arising under the Vegetable Seeds Regulations (Northern Ireland) 1994(13)
(1)
(2)
(3)
Matter
When Payable
Fee
£
£(14)
A. Initial fees
Initial fee for crops intended to produce:—
On application for registration
(i) pre-basic or basic seed of—
(a)all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered
39·10
(38·15)
(b)peas and broad beans per hectare or part thereof entered
24·60
(24·00)
(c)cucumber, gherkin and tomato, per crop entered
39·10
(38·15)
(ii) certified seed of—
(a)all kinds, except peas, broad beans, cucumber, gherkin and tomato, per hectare or part thereof entered
21·20
(20·70)
(b)peas and broad beans per hectare or part thereof entered
10·05
(9·80)
(c)cucumber, gherkin and tomato, per crop entered
21·20
(20·70)
B. Crop inspection fees
Fee for official examination or re- examination of crops intended to produce:—
Within one month of demand by the Department
(i) A(i)(a) or (b) and A(ii)(a) or (b) above, per hectare or part thereof examined
11·15
(10·90)
(ii) A(i)(c) and A(ii)(c) above, per crop examined
11·15
(10·90)
C. Seed lot fee
Fee for the issue of an official certificate in respect of a seed lot entered
On application
89·40
(87·20)
SCHEDULE 6Matters arising under the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 1994(15)
(1)
(2)
(3)
Matter
When Payable
Fee
£
£(16)
A. Representations by, and hearingsof, a seed merchant, processor or packer
(i) Fee for making written representations to the Department
On making representations
27·95
(27·25)
(ii) Fee for being heard by a person appointed by the Department
On applying to be heard
55·85
(54·50)
B. Licensed Seed Testing Establishments
(i) Annual fee payable during the currency of the licence (or a proportion thereof in respect of a part of a year)
Within one month of demand by the Department, annually in advance
1,844·00
(1,799·00)
(ii) Fee payable by the owner or person in charge of a Licensed Seed Testing Station in respect of an official examination of seed
Within one month of demand by the Department, annually in arrears
4·45
(4·35)
Explanatory Note
(This note is not part of the Regulations.)
Regulations controlling the marketing of cereal seeds, fodder plant seeds, beet seeds, oil and fibre plant seeds, and vegetable seeds (“seed regulations”) provide that, with certain exceptions, seeds of these categories may only be marketed if they are derived from crops which on inspection are found to meet certain standards and if upon subsequent testing samples of the seed also meet certain standards.
These Regulations which are made under the Seeds Act (Northern Ireland) 1965 prescribe fees for certain initial applications, crop inspection fees, seed lot fees, seed testing fees and fees in relation to licensed seed testing establishments. Fees are also prescribed in relation to the making of written representations by, and hearings involving, seed merchants, processors or packers.
The matters in respect of which the revised fees are prescribed are listed in Schedules 1 to 6, and the fees which were chargeable by virtue of the Seeds (Fees) Regulations (Northern Ireland) 1996 are indicated in brackets.
A uniform increase of 2.5% has been applied to all fees and has been rounded to the nearest five pence except in the case of the annual fee for Licensed Seed Testing Stations, which has been rounded to the nearest £1.
The Regulations revoke and replace the Seeds (Fees) Regulations (Northern Ireland) 1996 (regulation 2).
(1)
As inserted by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 3
(2)
1965 c. 22 (N.I.)
(3)
Formerly the Department of Finance: see S.I. 1982/338 (N.I. 6) Art. 3
(4)
S.R. 1996 No. 409
(5)
S.R. 1994 No. 254 as amended by S.R. 1995 No. 366 and S.R. 1997 No. 240
(6)
The figures in brackets are the fees which were charged by virtue of the Seeds (Fees) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 409)
(7)
S.R. 1994 No. 252 as amended by S.R. 1996 No. 311 and S.R. 1997 No. 240
(8)
The figures in brackets are the fees which were charged by virtue of the Seeds (Fees) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 409)
(9)
S.R. 1994 No. 255 as amended by S.R. 1996 No. 312 and S.R. 1997 No. 240
(10)
The figures in brackets are the fees which were charged by virtue of the Seeds (Fees) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 409)
(11)
S.R. 1994 No. 251 as amended by S.R. 1997 No. 240
(12)
The figures in brackets are the fees which were charged by virtue of the Seeds (Fees) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 409)
(13)
S.R. 1994 No. 250 as amended by S.R. 1996 No. 313 and S.R. 1997 No. 240
(14)
The figures in brackets are the fees which were charged by virtue of the Seeds (Fees) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 409)
(15)
S.R. 1994 No. 253
(16)
The figures in brackets are the equivalent fees which were charged by virtue of the Seeds (Fees) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 409)
