S.L. 433.30 Art. 3Definitions. 

(1) For the purpose of these regulations, the following general definitions shall apply:

"agricultural plants" are plants that are subdivided into:

(a) cereals that are plants of the genera and species listed in Table 1.1 of Schedule I, intended for agricultural or horticultural production other than the production for ornamental purposes;

(b) fodder plants that are plants of genera and species listed in Tables 1.2 and 1.3 of Schedule I irrespective of the use for which the seeds as grown is intended;

(c) seed potatoes that are tubers or propagation material for planting other than true potato seed, of the genus and species stated in Table 1.4 of Schedule I;

"the Act" means the Plant Quarantine Act;

"the Directorate" means the Directorate or Department responsible for plant health and which is the national responsible official body for the scope of these regulations;

"the Director" means the Director responsible for the Directorate;

"genetically-modified seed" refers to seed that has its genetic material altered in a way that does not exist naturally within the meaning of Directive 2001/18/EC as transposed in the Deliberate

Release into the Environment of Genetically Modified Organisms Regulations;

"marketing" refers to the sale, holding with a view to sale, offer for sale and any disposal, supply or transfer aimed at commercial exploitation of seed to third parties, whether or not for consideration, and "market" and "marketed" shall be construed accordingly:

Provided that trade in seed that is not aimed at commercial exploitation of the variety, such as the following operations, shall not be regarded as marketing:

(a) the supply of seed to official testing and inspection bodies;

(b) the supply of seed to providers of services for processing or packaging, provided that the provider of services does not acquire title to seed thus supplied:

Provided further that the supply of seed, under certain conditions to providers of services for the production of certain agricultural raw materials, intended for industrial purposes, or seed propagation for that purpose, shall not be regarded as marketing, provided that the provider of services does not acquire title to either the seed thus supplied or the product of the harvest. The supplier of seed shall provide the Directorate with a copy of the relevant parts of the contracts made with the provider of services and this shall include the standards and conditions currently met by the seed provided;

"mother plant" means an identified plant from which material is taken for propagation;

"micro-propagation" means the practice of rapidly multiplying plant material to produce a large number of plants using culture in vitro of differentiated vegetative buds or meristem taken from a plant;

"non-professional final user" means any person that introduces or imports seeds of the genera and species and their hybrids listed in Schedule I to these regulations, for their own use;

"official examination" means:

(a) an examination carried out by or on behalf of the Directorate, subject to an application for such examination having been done to the Director in such form and manner and at such time as the Director may, at his discretion, require and to the payment of any fees;

(b) an examination carried out by or on behalf of the said Directorate; or

(c) in relation to seed produced elsewhere other than in Malta, an examination approved by the Directorate;

"official label" means a label issued or authorised by the Directorate;

"official measures" are measures taken by:

(a) the Directorate;

(b) any legal person acting under the responsibility of the Directorate; or

(c) any natural person duly designated for that purpose, in the case of ancillary activities, which are also subject to the Directorate’s control:

Provided that the persons mentioned under paragraphs

(b) and (c) derive no private gain from such measures;

"professional operator" means any person involved professionally in one or more of the following activities concerning seeds of the genera and species and their hybrids listed in Schedule I of these regulations:

(a) production including multiplying;

(b) introduction into and movement within the Union territory;

(c) making available on the market;

"seed lot" means an identifiable consignment of seed of a weight not exceeding that specified in Schedule IV, bearing a unique reference number, in which the seed shall have been mixed or blended so that, as far as is practicable, the seed lot shows no evidence of heterogeneity;

"seed as grown" means seed as harvested, marketed for processing, provided that the identity of the seed is ensured;

"small packages of fodder plants" refers to packages of seed containing a net weight of not more than 10 kilograms of pre-basic seed;

"small EC A packages of fodder plants" are packages containing a mixture of seeds not intended for the production of fodder plants with a net weight of not more than 2 kilograms, excluding, where appropriate, granulated pesticides, pelleting substances or other solid additives;

"small EC B packages of fodder plants" are packages which may contain basic seed, certified seed, commercial seed or, if the packages concerned are not small EC A packages, a mixture of seed with a net weight not exceeding 10 kilograms excluding, where appropriate, granulated pesticides, pelleting substances or other solid additives;

"small EC packages of vegetables" refers to packages with certified seed or standard seed up to a maximum net weight as specified hereunder:

(a) 5 kilograms for legumes;

(b) 500 grams for asparagus, red beet or beetroot, carrots, gourd, marrows, onions, radish, spinach, spinach beet or chard, turnips and watermelons; and

(c) 100 grams for all other species of vegetables;

"vegetables" means plants of the genera and species and all hybrids of the species and groups listed in Table 1.5 of Schedule I, intended for agricultural or horticultural production, but not for ornamental uses.

(2) The following definitions shall apply in respect of cereals:

"basic seed of hybrids of oats, barley, rye, wheat, durum wheat, spelt wheat and self-pollinating x Triticosecale" means seed which -

(a) is intended for the production of hybrids;

(b) subject to the provisions of regulation 14, satisfies the conditions laid down in Schedules II and III for basic seed; and

(c) has been found by official examination or in the case of the conditions laid down in Schedule III, either by official examination or by examination carried out under official supervision to satisfy the conditions set out in paragraphs (a) and (b);

"basic seed of maize and sorghum species" refers to seed that can be-

(a) basic seed of open-pollinated varieties which refers to seed that-

(i) has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety;

(ii) is intended for the production of certified seed of the same varieties, top cross hybrids or of inter-varietal hybrids;

(iii) subject to the provisions of regulation 14, satisfies the conditions laid down in Schedules II and III for basic seed; and

(iv) has been found by official examination or in the case of the conditions laid down in Schedule III, either by official examination or by examination carried out under official supervision to satisfy the conditions set out in sub-paragraphs (i), (ii) and (iii);

(b) basic seed of inbred lines refers to seed which-

(i) subject to the provisions of regulation 14, satisfies the conditions laid down in Schedules II and III for basic seed; and

(ii) has been found by official examination or in the case of the conditions laid down in Schedule III, either by official examination or by examination carried out under official supervision to satisfy the conditions set out in sub-paragraph (i);

(c) basic seed of simple hybrids means seed that -

(i) is intended for the production of double hybrids, triple cross or top cross hybrids;

(ii) subject to the provisions of regulation 14, satisfies the conditions laid down in Schedules II and III for basic seed; and

(iii) has been found by official examination or in the case of the conditions laid down in Schedule III, either by official examination or by examination carried out under official supervision to satisfy the conditions set out in sub-paragraphs (i) and (ii);

"basic seed of oats, barley, canary grass, rye, wheat, durum wheat, spelt wheat and self-pollinating other than x Triticosecale, hybrids in each case" refers to seed that -

(a) has been produced by or under the responsibility of the breeder, according to accepted practices for the maintenance of the variety;

(b) is intended for the production of certified seed, certified seed of the first generation or certified seed of the second generation;

(c) subject to the provisions of regulation 14, satisfies the conditions laid down in Schedules II and III for basic seed, and

(d) has been found by official examination or in the case of the conditions laid down in Schedule III, either by official examination or by examination carried out under official supervision to satisfy the conditions set out in paragraphs (a), (b) and (c);

"certified seed of canary grass, other than hybrids, rye, sorghum, sudan grass, maize and hybrids of oats, barley, wheat, durum wheat, spelt wheat and self-pollinating x Triticosecale" refers to seed which -

(a) has originated directly from basic seed or, if the breeder so requests, from pre-basic seed which can satisfy and has been found, by official examination, to satisfy the conditions laid down in Schedules II and III for basic seed;

(b) is intended for purposes other than the production of cereal seed;

(c) subject to the provisions of regulation 14, satisfies the conditions laid down in Schedules II and III for certified seed; and

(d) has been found by official examination or by examination carried out under official supervision to satisfy the conditions set out in paragraphs (a), (b) and (c); "certified seed of the first generation of oats, barley, wheat, durum wheat, spelt wheat and self-pollinating other x Triticosecale, than hybrids" in each case refers to seed which -

(a) has been produced directly from basic seed or, if the breeder so requests, from pre-basic seed, which has been found by official examination, to satisfy the conditions laid in Schedules II and III for basic seed;

(b) is intended either for the production of certified seed of the second generation or for purposes other than the production of cereal seed;

(c) satisfies the conditions laid down in Schedules II and III for certified seed of the first generation; and

(d) has been found by official examination or by examination carried out under official supervision to satisfy the conditions set out in paragraphs (a), (b) and (c);

"certified seed of the second generation of oats, barley, wheat, durum wheat, spelt wheat and self-pollinating other x Triticosecale, than hybrids" in each case means seed that -

(a) has been produced directly from basic seed, from certified seed of the first generation, or if the breeder so requests, from seed of a generation prior to basic seed which has been found by official examination to satisfy conditions laid down in Schedules II and III for basic seed;

(b) is intended for purposes other than the production of cereal seed;

(c) satisfies the conditions laid down in Schedules II and III for certified seed of the second generation; and

(d) has been found by official examination or by examination carried out under official supervision to satisfy the conditions set out in paragraphs (a), (b) and (c);

"pre-basic seed" means seed -

(a) of a generation earlier than that of basic seed and has been produced by or under the responsibility of the breeder;

(b) which is intended for the production of basic seed or, if the breeder so requests, certified seed, certified seed of the first generation or certified seed of the second generation; and

(c) which satisfies the requirements for basic seed;

"varieties, hybrids and inbred lines of maize and sorghum species" refer to -

(a) the open-pollinated variety which is a sufficiently uniform and stable variety;

(b) the inbred line which is a sufficiently uniform and stable line, obtained either by artificial self-fertilization accompanied with selection over several successive generations or by equivalent operations;

(c) the simple hybrid which refers to the first generation of a cross, defined by the breeder, between two inbred lines;

(d) the double hybrid which is the first generation of a cross, defined by the breeder, between two simple hybrids;

(e) the triple cross hybrid meaning the first generation of a cross, defined by the breeder, between an inbred line and a simple hybrid;

(f) the top cross hybrid being the first generation of a cross, defined by the breeder, between either an inbred line or a simple hybrid and an open-pollinated variety;

(g) the inter-varietal hybrid which refers to the first generation of a cross, defined by the breeder, between plants grown from basic seed of two open-pollinated varieties, defined by the breeder.

(3) The following definitions shall apply in respect of fodder plants:

"basic seed of bred varieties" refers to seed which -

(a) has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety;

(b) is intended for the production of certified seed;

(c) subject to the provisions of regulation 16, satisfies the conditions laid down in Schedules II and III for basic seed; and

(d) has been found by official examination or, in the case of the conditions laid down in Schedule III, either by official examination or by examination carried out under official supervision, to satisfy the conditions set out in paragraphs (a), (b) and (c);

"basic seed of local varieties" refers to seed that -

(a) has been produced under official control from material officially accepted as being of the local variety on one or more holdings situated within a clearly demarcated region of origin;

(b) is intended for the production of certified seed;

(c) subject to the provisions of regulation 14, satisfies the conditions laid down in Schedules II and III for basic seed; and

(d) has been found by official examination or, in the case of the conditions laid down in Schedule III, either by official examination or by examination carried out under official supervision, to satisfy the conditions set out in paragraphs (a), (b) and (c);

"certified seed of all the species listed in Tables 1.2 and 1.3 of Schedule I other than and Medicago sativa, Pisum sativum, Vicia faba refers to seed which -Vicia sativa"

(a) has been produced directly from basic seed, or if the breeder so requests, from seed of a generation prior to basic seed which has been found, by official examination, to satisfy the conditions laid in Schedules II and III for basic seed;

(b) is intended for purposes other than the production of seed;

(c) subject to the provisions of regulation 14, satisfies the conditions laid down in Schedules II and III for certified seed; and

(d) has been found by official examination or by examination carried out under official supervision to satisfy the conditions set out in paragraphs (a), (b) and (c);

"certified seed of the first generation of Medicago sativa, Pisum sativum, Vicia faba and Vicia sativa" means seed which -

(a) has been produced directly from basic seed, or if the breeder so requests, from seed of a generation prior to basic seed which has been found by official examination to satisfy conditions laid in Schedules II and III for basic seed;

(b) is intended either for the production of certified seed of the second generation or for purposes other than the production of fodder plant seeds;

(c) subject to the provisions of regulation 14, satisfies the conditions laid down in Schedules II and III for certified seed; and

(d) has been found by official examination or by examination carried out under official supervision, to satisfy the conditions set out in paragraphs (a), (b) and (c);

"certified seed of the second generation of Medicago sativa, Pisum sativum, Vicia faba and Vicia sativa" refers to seed which -

(a) has been produced directly from basic seed, from certified seed of the first generation or, if the breeder so requests, from seed of a generation prior to basic seed which can satisfy and has been found by official examination to satisfy conditions laid in Schedules II and III for basic seed;

(b) is intended for purposes other than the production of seeds of fodder plants;

(c) subject to the provisions of regulation 14 regarding seed as grown, satisfies the conditions laid down in Schedules II and III for certified seed; and

(d) has been found by official examination or by examination carried out under official supervision, to satisfy the conditions set out in paragraphs (a), (b) and (c);

"commercial seed" refers to seed which -

(a) is identifiable as belonging to a species;

(b) subject to the provisions of regulation 14, satisfies the conditions laid down in Schedule III for commercial seed; and

(c) has been found by official examination or by examination carried out under official supervision, to satisfy the conditions set out in paragraph (a) and (b).

(4) The following definitions shall apply in respect of potatoes:

"basic seed potatoes" refers to potato tubers which -

(a) have been produced according to accepted practices for the maintenance of the variety and of health;

(b) are intended mainly for the production of certified seed potatoes;

(c) satisfy the minimum conditions laid down in Schedules II and III for basic seed potatoes; and

(d) have been found by official examination, to satisfy the minimum conditions mentioned above; "certified seed potatoes" means potato tubers that -

(a) are of direct descent from basic seed, certified seed or from seed of a generation prior to basic seed which have been found by official examination, to satisfy the conditions laid down in Schedules II and III for basic seed;

(b) are intended mainly for the production of potatoes other than seed potatoes;

(c) satisfy the minimum conditions laid down in Schedules II and III for certified seed potatoes; and

(d) have been found by official examination, to satisfy the above minimum conditions;

"pre-basic seed potatoes" refers to potato tubers which -

(a) have been produced in accordance with accepted practices for the maintenance of the variety and of health;

(b) are intended mainly for the production of basic seed;

(c) satisfy the minimum conditions for pre-basic seed; and

(d) have been found by official examination, to satisfy the minimum conditions referred to in paragraph (c) of this definition.

(5) The following definitions shall apply in respect of vegetables:

"basic seed" refers to seed which -

(a) has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety;

(b) is intended for the production of certified seed;

(c) subject to the provisions of regulation 14, satisfies the conditions laid down in Schedules II and III for basic seed; and

(d) has been found by official examination or, in the case of the conditions laid down in Schedule III, either by official examination or examination carried out under official supervision to satisfy the conditions set out in paragraphs (a),

(b) and (c); "certified seed" means seed that -

(a) is produced directly from basic seed or, if the breeder so requests, from pre-basic seed, which can satisfy and has been found by official examination, to satisfy the conditions laid down in Schedules II and III for basic seed;

(b) is intended mainly for the production of vegetables;

(c) subject to the provisions of regulation 14, satisfies the conditions in Schedules II and III for certified seed;

(d) has been found by official examination or by examination carried out under official supervision to satisfy the conditions set out in paragraphs (a), (b) and (c); and

(e) is subject to official post-control examination by check inspection to verify its varietal identity and varietal purity;

"standard seed" means seed of vegetables which -

(a) has sufficient varietal identity and varietal purity;

(b) is intended mainly for the production of vegetables;

(c) satisfies the conditions laid down in Schedule III; and

(d) is subject to official post-control by check inspection to verify its varietal identity and varietal purity.