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Authorisations To Market Preservation Mixtures For The ... - Defra

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Plant Variety Rights Office and Seeds Division<br />

White House Lane, Huntingdon Road<br />

Cambridge, CB3 0LF<br />

Fax:<br />

Website:<br />

01223 342386<br />

www.defra.gov.uk<br />

SEED CERTIFICATION INFORMATION<br />

SEED CERT: 1/06<br />

Date: 1 February 2006<br />

<strong>To</strong>: Registered Processors and Packers<br />

AIC; BASP; BSPB; DARD; NAAC; NAW; NFU; NIAB; PHSI; SASA; SEERAD.<br />

AUTHORISATIONS TO MARKET PRESERVATION MIXTURES FOR THE<br />

RESTORATION OF THE NATURAL ENVIRONMENT<br />

Until recently, the marketing of some seed mixtures intended for the re-creation of natural<br />

and semi-natural habitats was not permitted by seeds legislation. In this letter we set out<br />

details of new legislation which permits such marketing, in certain cases and subject to<br />

certain conditions. <strong>The</strong>y are intended to be simple to follow whilst still ensuring openness<br />

and traceability of seed. In essence, all that will be required of suppliers is that they obtain<br />

an authorization to market based on the details of the habitat and the origin of the seed,<br />

and agree to label mixtures with these details.<br />

Current Position<br />

<strong>The</strong> marketing of prescribed species of fodder plant seed (see Annex A) is controlled by<br />

the Fodder Plant Seed (England) Regulations 2002 (as amended) (the Fodder Plant Seed<br />

Regulations). Non-prescribed species are NOT subject to these regulations and may be<br />

marketed freely.<br />

Until 26 October 2005, only certified seed of prescribed fodder plant species could be<br />

lawfully marketed – even in mixtures containing seed of both prescribed and nonprescribed<br />

species intended for the restoration of natural and semi-natural habitats. In the<br />

latter case the priority is to use genetically diverse, British native-origin seed sourced from<br />

the wild, not certified seed. Consequently, the 2002 Regulations have been amended by<br />

the Fodder Plant Seed (England) (Amendment) Regulations 2005 to allow the marketing of<br />

uncertified fodder plant seed where an authorisation has been granted by the Secretary of<br />

State.<br />

Interim provision for British native-origin seed for habitat restoration purposes<br />

At a meeting with stakeholders in March 2005, it was agreed that interim arrangements<br />

should be introduced to permit the marketing of wild sourced, British native-origin seed for<br />

habitat restoration purposes. <strong>The</strong>se interim arrangements are necessary to regularise the<br />

current situation but will almost certainly be superseded in due course by an EC Scheme,


the terms of which are currently under discussion in Brussels. <strong>The</strong> arrangements set out<br />

in this letter reflect the agreement reached with stakeholders in March 2005, amended to<br />

take account of the draft EC proposals. Your views will be sought next year on how these<br />

interim arrangements have worked in practice and on the final terms of the EC Scheme.<br />

In brief, these interim arrangements:<br />

introduce procedures which require suppliers to apply for and obtain an<br />

authorisation in order to market <strong>Preservation</strong> <strong>Mixtures</strong>. <strong>The</strong> authorisation will last for<br />

one year;<br />

ensure full traceability of source sites, and require registered suppliers to keep<br />

appropriate records;<br />

in line with the draft EC Scheme, apply only to mixtures containing seed of<br />

prescribed fodder plant species;<br />

permit the marketing of mixtures containing seed that has been Crop-Grown or<br />

Directly Harvested (the latter includes brush/vacuum/combine collected seed and<br />

green hay);<br />

take account of the provisions in the emerging EC Scheme on <strong>Preservation</strong><br />

<strong>Mixtures</strong>;<br />

may require amendment when the EC Scheme is implemented if it differs from<br />

these interim arrangements.<br />

You should apply for the relevant authorisations before marketing. Please note that failure<br />

to comply with the terms and conditions of any authorisation will infringe the above<br />

regulations and any marketing would be unlawful unless the seed is certified in the normal<br />

way.<br />

<strong>The</strong> information required for consideration of the grant of an authorisation is set out on our<br />

website at http://www.defra.gov.uk/planth/pvs/seedcer.htm<br />

If you require a hard copy or have any queries about the procedure for applying for<br />

authorisations please contact Mandy Clements at the above address (telephone 01223<br />

342387 or e-mail mandy.clements@defra.gsi.gov.uk.<br />

In the meantime, if you have any comments on these interim arrangements, please let me<br />

know at the above address (telephone 01223 342374 or email<br />

tony.a.watts@defra.gsi.gov.uk.<br />

<strong>To</strong>ny Watts<br />

<strong>To</strong>ny Watts


ANNEX A<br />

PRESCRIBED SPECIES UNDER THE FODDER PLANT SEED (ENGLAND) REGULATIONS 2002 (AS<br />

AMENDED)<br />

1. Seed of fine grasses of the following plant species -<br />

(a) annual meadowgrass;<br />

(b) brown top;<br />

(c) creeping bent grass;<br />

(d) festulolium;<br />

(e) red fescue;<br />

(f) red top;<br />

(g) rough-stalked meadowgrass;<br />

(h) sheep's fescue (including fine-leaved fescue and hard fescue);<br />

(i) smooth-stalked meadowgrass;<br />

(j) velvet bent; and<br />

(k) wood meadowgrass.<br />

2. Seed of fodder grasses of the following plant species -<br />

(a) Alaska brome-grass;<br />

(b) cocksfoot;<br />

(c) hybrid ryegrass;<br />

(d) Italian ryegrass;<br />

(e) meadow fescue;<br />

(f) perennial ryegrass;<br />

(g) rescue grass;<br />

(h) small Timothy;


(i) tall fescue;<br />

(j) tall oatgrass; and<br />

(k) Timothy.<br />

3. Seed of small seeded legumes of the following plant species -<br />

(a) Alsike clover;<br />

(b) birdsfoot trefoil;<br />

(c) lucerne;<br />

(d) red clover;<br />

(e) sainfoin;<br />

(f) trefoil, black medick; and<br />

(g) white clover.<br />

4. Seed of large seeded legumes of the following plant species -<br />

(a) blue lupin (also known as narrow-leaved lupin);<br />

(b) common vetch;<br />

(c) field bean;<br />

(d) field pea;<br />

(e) hairy vetch;<br />

(f) Hungarian vetch;<br />

(g) white lupin; and<br />

(h) yellow lupin.<br />

5. Seed of crucifers of the following plant species -<br />

(a) fodder kale;<br />

(b) fodder radish; and<br />

(c) swede

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