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SEEDS ACT (NORTHERN IRELAND) 1965

SEEDS ACT (NORTHERN IRELAND) 1965 - LONG TITLE

An Act to confer power to regulate, and to amend in other respects
the law relating to, transactions in seeds and seed potatoes; to
make further provision for the testing of seeds and seed potatoes;
and for connected purposes{1}.
[4th November 1965]
Regulation of sales of Seeds and Seed PotatoesSeeds regulations.

SEEDS ACT (NORTHERN IRELAND) 1965 - SECT 1

1.(1) The Ministry of Agriculture (in this Act referred to as "the
Ministry"), after consultation with representatives of such interests
as appear to it to be concerned, may make regulations for the
purposes

(a)of ensuring that reliable and adequate information is afforded as
to the nature, condition and quality of seeds which are sold or
are for sale,

(b)of preventing the sale of seeds which are deleterious, and or
preventing the sale of seeds which have not been tested for purity
and germination, or which are of a variety the performance of which
has not been subjected to trials,

(c)of preventing the spread of plant disease [, or of weeds which
are capable of causing injury to agriculture,] by [means] of seeds,
and

(d)of regulating the descriptions under which seeds are sold.

(2) Regulations made under subsection (1) shall be subject to
negative resolution and shall be known as seeds regulations.

[(2A) Seeds regulations may further make provisions for regulating
the marketing, or the importation or exportation, of seeds or any
related activities (whether by reference to officially published lists
of permitted varieties or otherwise), and may in that connection
include provision

(a)for the registration or licensing of persons engaged in the seeds
industry or related activities;

(b)for ensuring that seeds on any official list remain true to
variety;

(c)for the keeping and inspection of records and the giving of
information;

(d)for conferring rights of appeal to the Plant Varieties and Seeds
Tribunal established by the Plant Varieties and Seeds Act 1964;

(e)for excluding, extending or modifying, in relation to or in
connection with any provision of the regulations, the operation of
any provision made by the following sections of this Act and for
the charging of fees.]

SEEDS ACT (NORTHERN IRELAND) 1965 - SECT 2
Supplementary provisions as to seeds regulations.

2.(1) Seeds regulations may include provisions as to the packets,
bags, trays or other containers in which seeds may be sold or
delivered to purchasers, and requirements as to the marking of such
containers.

(2) Seeds regulations may in particular

(a)require information to be given in the prescribed manner (which
may include the giving of it on any label, container or package)
as regards seeds which are sold or offered or exposed for sale
and, in particular, require the seller of any seeds to deliver a
statement containing the prescribed particulars to the purchaser
within the time limited by the regulations,

(b)require any of the particulars contained in a statement to be
delivered to a purchaser or other person under seeds regulations to
be particulars ascertained on a test of the seeds,

(c)prohibit the selling, or the offering or exposing for sale, of
seeds which contain more than a prescribed proportion of weed seeds,
or of weed seeds of a prescribed kind,

[(cc)prohibit or restrict the importation or removal into Northern
Ireland, or the selling or the offering or exposing for sale, of
seeds which contain any seeds of weeds of a kind specified in the
regulations as being capable of causing injury to agriculture in
Northern Ireland,]

(d)prohibit persons from using, in relation to seeds which are sold,
or are offered or exposed for sale, a prescribed name or
designation or description except where the seeds have been grown or
selected under the prescribed conditions,

(e)require persons who deal in seeds to supply the Ministry with
information as to, and to keep records of,

(i)transactions in seeds,

(ii)statutory statements given or received by them, and other
statements or invoices given or received by them in connection with
the sale of seeds,

<(iii)processes or treatments applied to seeds, and

<(iv)the results of tests of seeds,

(e)and authorise officers of the Ministry to call for production of
the records,

(f)where persons who deal in seeds also grow seeds, require those
persons to supply the Ministry with information as to, and to keep
records of

(i)[areas] sown, and

(ii)the yields of the crops,

(f)and authorise officers of the Ministry to call for production of
the records,

(g)regulate the procedure to be observed at, and the conduct of, an
official testing station referred to in section 7(1) and other
establishments licensed pursuant to regulations made under paragraph
(i),

(h)regulate the manner in which any tests are to be made for the
purposes of this Act,

(i)provide for the licensing by the Ministry of establishments for
the testing of seeds, other than an official testing station, and
authorise the Ministry to charge a fee of such amount as may be
approved by the Ministry of Finance for, and to attach conditions
to, any such licence, and to make the conditions enforceable by
withdrawal of the licence or by making a breach of any of the
conditions an offence against seeds regulations.

(3) In prescribing the manner in which samples are to be taken for
the purposes of any provision in this Act or for the purposes of
seeds regulations, the regulations

(a)may impose conditions as to the persons authorised to take
samples and the places where they may be taken,

(b)may require the person taking a sample to give part of it to
the owner of the seeds or to some other person, may prescribe the
manner in which the sample is to be divided into parts and may
impose duties as respects the marking or labelling and the
preservation of the parts of the sample, and

(c)may provide for the identification, by the labelling or marking
of their container or by some other method, of seeds from which a
sample has been taken.

(4) Seeds regulations

(a)may exempt, or authorise the Ministry to exempt, any person or
class of persons, or persons generally, from compliance with any of
the provisions of the regulations, and may provide that the
exemptions are to be, or may be made, subject to conditions, and

(b)may contain transitional provisions consequent on the repeal of
the Seeds Act 1920 by this Act.

SEEDS ACT (NORTHERN IRELAND) 1965 - SECT 3
Offences connected with seeds regulations.

3.(1) If any person

(a)includes in a statutory statement anything which is false in a
material particular, or

(b)contravenes any provision contained in seeds regulations [he shall
be liable on summary conviction to a fine not exceeding #400].

SEEDS ACT (NORTHERN IRELAND) 1965 - SECT 4
Civil liabilities of sellers of seeds.

4.(1) If and so far as seeds regulations provide that a statutory
statement shall constitute a statutory warranty for the purposes of
this section, the statutory statement, when received by the
purchaser, shall, notwithstanding any contract or notice to the
contrary, have effect as a written warranty by the seller that the
particulars contained in the statutory statement are correct.

(2) If and so far as seeds regulations apply this subsection to
the particulars in a statutory statement and prescribe limits of
variation in relation to those particulars, those particulars shall,
for the purposes of any legal proceedings on a contract for the
sale of the seeds to which the statutory statement relates, be
deemed to be true except so far as there is a mis-statement in
the statutory particulars which exceeds the limits of variation so
prescribed.

(3) If and so far as seeds regulations apply this subsection to
the particulars in a statutory statement, the particulars in the
statutory statement shall, for the purposes of any legal proceedings
on a contract for the sale of the seeds to which the statutory
statement relates, be deemed to be true unless it is made to
appear on a test carried out at an official testing station, and
made on a sample taken in the manner, and within the period,
prescribed by seeds regulations, that the particulars were untrue.

(4) Where a purchaser intends to obtain a test of seeds for the
purposes of subsection (3), the seller of the seeds shall be given
written notice of the purchaser's intention not more than the
prescribed period after delivery to the purchaser of the seeds under
the sale, and seeds regulations shall prescribe a procedure for
taking a sample of seeds to be tested for the purposes of that
subsection which will afford to the seller of the seeds or his
agent an opportunity of being present when the sample is taken, and
of obtaining part of the sample.

(5) A contravention of seeds regulations shall not affect the
validity of a contract for the sale of seeds, or the right to
enforce such a contract.

SEEDS ACT (NORTHERN IRELAND) 1965 - SECT 5
Defences in proceedings for offences against seeds regulations.

5.(1) If and so far as seeds regulations for the purposes of this
section prescribe limits of variation in relation to the particulars
in a statutory statement, it shall be a defence to proceedings
under this Act for including in a statutory statement any false
particulars to prove that the mis-statements in the particulars
alleged to be false do not exceed the limits of variation so
prescribed.

(2) Subject to the provisions of this section, it shall be a
defence

(a)to proceedings under this Act for including false particulars in
a statutory statement,

(b)to proceedings under this Act [for any other offence],

(i)that the accused took all reasonable precautions against committing
an offence of the kind alleged and had not at the time of the
alleged offence any reason to suspect that an offence was being
committed by him, and

(ii)where the accused obtained the seeds to which the alleged
offence relates from some other person, that on demand by or on
behalf of the prosecutor the accused gave all the information in
his power with respect to the name and address of that other
person, and with respect to any statutory statement or other
document in his possession or power relating to the seeds and the
contract of sale.

(3) If in any such proceedings as are mentioned in subsection
(2)(a) any of the particulars alleged to be false are particulars
which, by seeds regulations, are to be particulars ascertained by
means of a test made in accordance with the regulations, the
defence under subsection (2) shall not be available unless it is
proved

(a)that those particulars were ascertained on such a test and that
the test was made not earlier than the date, if any, prescribed by
seeds regulations for the purpose, or

(b)that

(i)the accused purchased the seeds from another person who, in
connection with the sale, duly delivered to the accused a statutory
statement giving particulars of the seeds which were the same as
the particulars alleged to be false, and

(ii)the accused had no reason to believe that paragraph (a) did not
apply in relation to those particulars.

SEEDS ACT (NORTHERN IRELAND) 1965 - SECT 6
Presumption as respects statutory statements under seeds regulations.

6. For the purposes of this Act and of any seeds regulations, any
statutory statement made as respects seeds which are in distinct
portions shall be presumed to be made both as respects the seeds
as a whole and also as respects each portion taken separately.

Official testing stations and certificates of test.

SEEDS ACT (NORTHERN IRELAND) 1965 - SECT 7

7.(1) For the purposes of this Act, the Ministry shall maintain an
official seed testing station and any such station may be
established or maintained in conjunction with any other authority,
body or person.

(2) The Ministry may, subject to the approval of the Ministry of
Finance, authorise the charging of fees for the services given at
an official seed testing station referred to in subsection (1).

(3) A certificate of the result of a test at an official seed
testing station of a sample taken for the purposes of this Act by
an authorised officer shall be in the form prescribed by seeds
regulations.

(4) A certificate of the result of a test at an official seed
testing station of a sample taken for the purposes of this Act,
and purporting to be issued by an officer of that station,

(a)if the sample was taken by an authorised officer, shall, if a
copy of the certificate has been served on the accused with the
summons or complaint, be sufficient evidence of the facts stated in
the certificate in any proceedings for an offence under this Act,
and

(b)if the sample was taken by a person other than an authorised
officer in order to obtain the test for the purposes of section
4(3) of this Act, shall be sufficient evidence of the facts stated
in the certificate in any such legal proceedings as are mentioned
in that subsection,

(5) In any proceedings for an offence under this Act in which a
copy of a certificate of the result of a test has been served
with the summons or complaint in pursuance of subsection (4)(a) the
accused, unless the court otherwise directs, shall not be entitled
to require that the person under whose direction the test was made
be called as a witness unless he has, at least three clear days
before the day on which the summons is returnable, given notice to
the prosecutor that he intends to do so.

Powers of entry.

SEEDS ACT (NORTHERN IRELAND) 1965 - SECT 8

8.(1) This section shall not authorise entry into any premises which
are used exclusively as a private dwelling.

(2) For the purpose of exercising

(a)the powers conferred by subsections (3) and (4), or

(b)any powers of calling for, inspecting or taking copies of records
or other documents conferred by seeds regulations,

(3) A person may, on any lands (including any premises or vehicle
or vessel) which he has power under this section to enter for the
purpose of exercising the powers conferred by this sub-section,
examine any seeds which he finds there and may without payment take
samples of any seeds so found.

(4) The owner of any seeds which are offered or exposed for sale,
or are stored for purposes of sale, or any person authorised to
sell those seeds, may be required by an authorised officer to
deliver to him such a statement, if any, as the person selling
them would by seeds regulations be obliged to deliver to a
purchaser of those seeds, and to deliver it within the time
prescribed for such a statement.

(5) If any person fails to comply with a requirement under
subsection (4) he shall be guilty of an offence and shall be
liable on summary conviction [to a fine not exceeding #100].

(6) This section shall apply as respects all kinds of seeds in
respect of which an offence may under any circumstances be committed
under seeds regulations as for the time being in force.

(7) A person who wilfully obstructs or impedes any person acting in
the exercise of the powers conferred by this section shall be
guilty of an offence and shall be liable on summary conviction to
a fine not exceeding twenty pounds.

SEEDS ACT (NORTHERN IRELAND) 1965 - SECT 9
Use of samples in criminal proceedings.

9.(1) Evidence shall not be adduced in proceedings for an offence
under this Act respecting a sample taken by an authorised officer
unless the sample was taken in the manner prescribed by seeds
regulations.

(2) Seeds regulations shall provide for the sample being divided
into at least three parts, and for one of the parts being given
to the owner of the seeds or to such other person as may be
prescribed by seeds regulations, and shall also provide for a third
part of the sample to be retained for production in all cases
where use of it may be made by the court under this section.

(3) A certificate in the form prescribed by seeds regulations
purporting to be issued by an authorised officer and stating that a
sample was taken in the prescribed manner shall be sufficient
evidence of the facts stated in the certificate.

(4) If part of a sample taken by an authorised officer is sent to
the chief officer of an official testing station, it shall be so
sent as soon as practicable after the sample is taken, and the
person to whom any other part of the sample is given shall be
informed before the first-mentioned part is sent.

(5) A copy of a certificate issued by an official testing station
stating the result of a test or part of a sample taken by an
authorised officer shall be sent to the person to whom any other
part of the sample is given.

(6) In any proceedings for an offence under this Act in respect of
seeds which have been sampled by an authorised officer, the summons
shall not be made returnable less than fourteen days from the day
on which the summons or complaint is served and a copy of any
certificate of an official testing station which the prosecutor
intends to adduce as evidence shall be served with the summons or
complaint.

(7) In proceedings for including in a statutory statement false
particulars concerning matters which are under seeds regulations to
be ascertained, for the purpose of the statement, by a test of the
seeds, if any sample of the seeds has been taken by an authorised
officer, the third part of that sample required by seeds regulations
to be retained as mentioned in subsection (2) shall be produced at
the hearing.

(8) The court may, if it thinks fit, on the request of either
party, cause the part so produced to be sent to the chief officer
of an official testing station, in order to obtain, for the
information of the court, a certificate of the result of a test of
that part of the sample.

(9) If, in a case where an appeal is brought, no action has been
taken under subsection (8) the provisions of that subsection shall
apply also to the court by which the appeal is heard.

(10) A sample taken before the coming into force of this Act in
accordance with section 4 of the Seeds Act 1920 shall be regarded
as taken in the prescribed manner for the purposes of subsection
(1).

SEEDS ACT (NORTHERN IRELAND) 1965 - SECT 10
Tampering with samples.

10. If any person

(a)tampers with any seeds so as to procure that a sample taken in
the manner prescribed by seeds regulations for any purpose does not
correctly represent the bulk of the seeds, or

(b)tampers with any sample so taken, or

(c)with intent to deceive sends, or causes or allows to be sent to
any official testing station or licensed testing establishment, to be
tested for any purpose, a sample of seeds which to his knowledge
does not correctly represent the bulk of the seeds,

Institution of criminal proceedings.

SEEDS ACT (NORTHERN IRELAND) 1965 - SECT 11

11.(1) Where a part of a sample has been tested at an official
testing station, proceedings for including in a statutory statement
false particulars concerning the matters which are under seeds
regulations to be ascertained, for the purposes of the statement, by
a test of the seeds, being proceedings relating to the seeds from
which the sample was taken, may, notwithstanding anything to the
contrary in the Summary Jurisdiction Acts (Northern Ireland), be
brought at any time not more than six months from the time when
the sample was taken.

(2) If at any time before a test is begun at an official testing
station to ascertain whether a part of a sample of seeds is of a
specified variety or type, and not more than six months after the
sample was taken, the person to whom any other part of the sample
was given, or any other person, is notified in writing by an
authorised officer that it is intended so to test the seeds and
that, after the test, proceedings may be brought against that person
for including in a statutory statement a false statement that seeds
were of a specified variety or type, then notwithstanding anything
in the said last-mentioned Acts, any such proceedings relating to
the seeds from which the sample was taken may be brought against
the person so notified at any time not more than two years from
the time when the sample was taken.

A certificate purporting to be issued by an authorised officer and
stating that a person was so notified shall be sufficient evidence
of that fact.

(3) Proceedings for an offence under this Act relating to a
statutory statement which has been delivered to a purchaser of
seeds, or relating to seeds which have been sold and delivered to
the purchaser, may be brought before a court having jurisdiction at
the place of delivery of the statement or seeds.

SEEDS ACT (NORTHERN IRELAND) 1965 - SECT 12
Application of this Act to seed potatoes.

12.(1) This Act applies to seed potatoes [to any other vegetative
propagating material and to silvicultural planting material] as it
applies to seeds, and accordingly, except where the context otherwise
requires, references in this Act to seeds include references to seed
potatoes [to any other vegetative propagating material and to
silvicultural planting material].

[(2) The Ministry may establish and maintain an official seed
testing station for silvicultural propagating and planting material.]

S.13 rep. by SLR 1976

SEEDS ACT (NORTHERN IRELAND) 1965 - SECT 14
Interpretation.

14.(1) In this Act,

"authorised officer" means an officer of the Ministry or a person
authorised by the Ministry to exercise or perform functions under
this Act;

"licensed testing establishment" means an establishment licensed under
seeds regulations for the testing of seeds;

"Ministry" has the meaning assigned to it by section 1(1);

"official testing station" means an official seed testing station
maintained by the Ministry under this Act;

"prescribed" means prescribed by seeds regulations;

"seeds" includes agricultural and horticultural seeds, vegetable seeds,
flower seeds, seeds of grasses, whether used for agricultural
purposes or other purposes, and seeds of trees;

"statutory statement" means a statement given in pursuance of seeds
regulations, whether the statement be in the form of a notice or
other document, or in the form of particulars given on any label
or container or package, or in any other form, and a statement
delivered under section 8(4).

(2) In this Act references to a contravention of any provision
contained in this Act or in seeds regulations include references to
anything which, by the regulations, is expressed to be an offence
against a provision contained in the regulations and also include
references to any failure to comply with a condition subject to
which an exemption is granted by or under seeds regulations.

(3) In this Act any reference to an offence under this Act
includes, unless the context otherwise requires, a reference to a
contravention of any provision contained in seeds regulations.

(4) References in this Act to seeds are references to seeds for
sowing.

S.15(1), with Schedule, effects repeals; subs.(2) rep. by 1968 c.29
s.41(2) sch.2

SEEDS ACT (NORTHERN IRELAND) 1965 - SECT 16
Short title and commencement.

16.(1) This Act may be cited as the Seeds Act (Northern Ireland)
1965.

(2) Commencement

ScheduleRepeals