Seeds Regulations 2000

Seeds Regulations 2000

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Seeds Act 1985 .

28 June 2000

G. S. M. GREEN

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

1.   Short title

These regulations may be cited as the Seeds Regulations 2000 .

2.   Commencement

These regulations take effect on 1 July 2000.

3.   Interpretation

In these regulations –

Act means the Seeds Act 1985 ;

controlled pollination means pollination by a method of hybridisation which produces pure seed which is at least 75% hybrid seed;

hard seed means hard seed as defined by the International Seed Testing Rules;

inert matter means inert matter as defined by the International Seed Testing Rules;

International Seed Testing Association means the association based in Switzerland that has the primary purpose of developing, adopting and publishing standard procedures for sampling and testing seeds;

International Seed Testing Rules means the Rules and Annexes published in 1999 and as amended from time to time by the International Seed Testing Association;

other seed means other seed as defined by the International Seed Testing Rules;

pure seed means pure seed as defined by the International Seed Testing Rules;

unidentified seed means any seed that is unable to be immediately identified by means of an internationally accepted genus and species name;

viable seed means seeds capable of germination as defined by the International Seed Testing Rules.

4.   Prohibited seed

(1)  For the purpose of the Act, a prescribed prohibited seed is –

(a) a kind of seed specified in Schedule 1 ; and

(b) any unidentified seed.

(2)  If the common name or botanical name of a kind of seed is not specified in Schedule 1 its prescribed common name or prescribed botanical name is the common name or botanical name listed as being correct for that kind of seed in "A Checklist of Economic Plants in Australia" or in the "CSIRO Handbook of Australian Weeds" published by the Commonwealth Scientific and Industrial Research Organization and as amended from time to time.

5.   Submission of samples

(1)  For the purpose of section 10(2) of the Act, a sample of seeds is to be submitted in accordance with –

(a) the International Seed Testing Rules; or

(b) any variation of those Rules as approved by the Secretary by a notice published in the Gazette.

(2)  For the purpose of section 10(7) of the Act, the quantity of seeds in a sample submitted for testing under section 10(2) of the Act is not to be less than the quantity specified by the International Seed Testing Association.

6.   Particulars relating to testing of sample seeds

For the purpose of section 10(3) of the Act, the following are the particulars prescribed in respect of a sample of seeds:

(a) the pure seeds content of that sample;

(b) the viable seeds expressed as a proportion of pure seed;

(c) other seeds expressed as a number per unit mass of each kind;

(d) the inert matter content;

(e) the hard seed content expressed as a proportion of pure seed.

7.   Taking samples

(1)  For the purpose of sections 10(2) and (6) of the Act, a sample of seeds is to be taken –

(a) from the package or bulk quantity of each seedlot in accordance with the International Seed Testing Rules; and

(b) in sufficient quantities to provide a sample of not less than twice the appropriate quantity of seeds specified by the International Seed Testing Association.

(2)  A person submitting a sample of seed is to –

(a) place the sample of seeds in a package and fasten and seal the package; and

(b) inscribe on the package of seeds or on a label attached to the package –

(i) the particulars specified in section 6 of the Act; and

(ii) the number of packages of seeds represented by the sample; and

(iii) if known, the name and address of the owner, consignor, or person in possession of the seeds sampled; and

(iv) the date on which the sample was taken; and

(c) forward the sample to the Official Seed Testing Laboratory.

(3)  If it is impractical to take the required quantity, the person is to –

(a) take 2 unopened packages of seeds to be sampled; and

(b) fasten and seal each package; and

(c) inscribe on each package or on a label attached to each package the particulars referred to in subregulation (2)(b) ; and

(d) forward both the packages to the Official Seed Testing Laboratory.

(4)  If a person in charge or apparently in charge of seeds is present during the taking of a sample of the seeds and so requests, the person taking the sample is to take not less than 3 times the appropriate quantity referred to in subregulation (1) to provide a sample of seeds.

8.   Treating of samples

(1)  On receipt of a package containing a sample of seeds forwarded under regulation 7(2)(c) , the Official Seed Testing Laboratory, before commencing the testing of the seeds, is to –

(a) mix the contents of the package; and

(b) divide the contents of the package into 2 equal portions; and

(c) place one of the portions in the original package and the other portion in the second package; and

(d) fasten and seal the second package; and

(e) inscribe on the other package or on a label attached to that package the particulars referred to in regulation 7(2)(b) .

(2)  The Official Seed Testing Laboratory is to –

(a) use the sample of seeds placed in the original package under subregulation (1)(c) for the testing of the seeds; and

(b) is to retain the sample of seeds placed in the second package under subregulation (1)(c) for a period of 12 months. 

(3)  The second package of seeds retained under subregulation (2)(b) may be used –

(a) for the retesting of the seeds if required; and

(b) if there is a dispute, as a sample representing the bulk of the seeds sampled originally if the package is opened and examined in the presence of the parties to the dispute.

(4)  On receipt of 2 packages forwarded under regulation 7(3)(d) , the Official Seed Testing Laboratory is to treat the contents of the packages in accordance with this regulation as if the packages were the 2 equal portions referred to in subregulation (1)(b) .

(5)  If, under regulation 7(4) the quantity is taken to provide a sample of seeds, the Official Seed Testing Laboratory is to –

(a) divide the seeds into 3 equal portions; and

(b) treat the seeds in accordance with this regulation; and

(c) forward or deliver the third portion by certified mail to the person referred to in regulation 7(4) .

9.   Prescribed schemes

(1)  For the purpose of section 21 of the Act, the following schemes are prescribed as schemes which the Minister may approve and implement:

(a) the Pasture Seed Certification Scheme or any other similar scheme conducted by an authority approved by the Secretary;

(b) any other scheme conducted by the responsible department or an authority approved by the Secretary for the certification of seed produced in this State;

(c) the Schemes for the Varietal Certification of Seed Moving in International Trade established by the Council of the Organization for Economic Co-operation and Development operated in this State by the responsible department.

(2)  A scheme referred to in subregulation (1) is prescribed for the purposes of section 21(1) of the Act only if it requires that the seeds submitted for certification –

(a) have been grown on an area registered by the certifying authority for that purpose; and

(b) have been grown, produced and processed in accordance with any conditions specified by the certifying authority in respect of the scheme.

10.   Procedures in relation to schemes

(1)  For the purpose of section 21(5) of the Act, an accredited person is to –

(a) maintain any records required by the Secretary for each scheme; and

(b) sample any seedlots produced under each scheme in accordance with the International Seed Testing Rules; and

(c) submit for official testing any seed samples taken.

(2)  The accredited person is to ensure that the package is sealed so that –

(a) other seed can not be substituted for the original seed; and

(b) any contaminating matter is unable to be introduced to the original seed without the package, label or seal being damaged beyond repair.

SCHEDULE 1 - Prohibited Seeds

Regulation 4

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 30 June 2000

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations prescribe –

(a) prohibited seeds; and

(b) the procedure relating to taking, testing and treating samples of seeds; and

(c) schemes and procedures relating to schemes.