- Latest available (Revised)
- Original (As made)
The Fodder Plant Seeds Regulations (Northern Ireland) 2009
You are here:
- 2009 No. 385
- SCHEDULE 4
What Version
Status:
This is the original version (as it was originally made). Northern Ireland Statutory Rules are not carried in their revised form on this site.
Regulations 2(1), 8(8)(a) and (b), (9) to (12),(13)(b), (15)(c) and (18)(a), 10(3) and (4), 11(7), (8), (9)(a), (10) to (14), (16)(a)and (b), 13(3), (4), (5)(d), (e) and (f), 14(1)(b) and (c) and 16(2)(a) and (3), paragraphs 2(3)(a)6(3)(a), 10(3)(a), 14(3)(a), 16(3)(a), 20(3)(a), 24(3)(a), 28(3)(a), 32(3)(a), 36(3)(a), 40(3)(a), 44(3)(a), 48(3)(a) and (b), 53(4)(a) and (b),(5)(a) and (b) and 7(a) and (b) of Schedule 1 and paragraph 11(1) and (2) of Schedule 3
SCHEDULE 4 CONDITIONS TO BE SATISFIED BY THE SEED
This schedule has no associated Explanatory Memorandum
PART 1Conditions to be examined mainly by field inspections
1. The seed shall have sufficient varietal identity and varietal purity.
2. In the case of seed of the species and type specified in column 1 of the table below, the minimum varietal purity shall conform to the standards specified in the corresponding entry in column 2 of the table—
| Species and category | Minimum varietal purity (percentage) | ||
|---|---|---|---|
| 1 | 2 | ||
| (a) | fodder kale, apomictic uniclonal varieties of smooth stalked meadow grass and swede— | ||
| (i) | basic seed | 99.7 | |
| (ii) | CS seed | 98.0 | |
| (b) | Field beans and field peas— | ||
| (i) | basic seed | 99.7 | |
| (ii) | C1 seed | 99.0 | |
| (iii) | C2 seed | 98.0 | |
3. For the purposes of paragraph 2, the minimum varietal purity of seed shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Schedule 3.
PART 2Conditions to be examined by seed testing
4. The seed shall conform to the following standards or other conditions as regards analytical purity—
| Species | Minimumanalytical purity(percentage by weight) | Minimum analytical purity(percentage by weight) | |||
|---|---|---|---|---|---|
| EC minimum standard | HVS standard | ||||
| All categories | CS only | ||||
| 1. | Fine grasses- | ||||
| (a) | annual meadowgrass | 85 | Not applicable | ||
| (b) | brown top | 90 | Not applicable | ||
| (c) | creeping bent grass | 90 | Not applicable | ||
| (d) | festulolium | 96 | 98 | ||
| (e) | red fescue | 90 | 95 | ||
| (f) | red top | 90 | Not applicable | ||
| (g) | rough-stalked meadowgrass | 85 | Not applicable | ||
| (h) | sheep’s fescue | 85 | Not applicable | ||
| (i) | smooth-stalked meadowgrass | 85 | 90 | ||
| (j) | velvet bent | 90 | Not applicable | ||
| (k) | wood meadowgrass | 85 | Not applicable | ||
| 2. | Fodder grasses— | ||||
| (a) | Alaska brome-grass | 97 | Not applicable | ||
| (b) | cocksfoot | 90 | 90 | ||
| (c) | hybrid ryegrass | 96 | 98 | ||
| (d) | Italian ryegrass | 96 | 98 | ||
| (e) | meadow fescue | 95 | 98 | ||
| (f) | perennial ryegrass | 96 | 98 | ||
| (g) | rescue grass | 97 | Not applicable | ||
| (h) | small Timothy | 96 | 98 | ||
| (i) | tall fescue | 95 | 98 | ||
| (j) | tall oatgrass | 90 | Not applicable | ||
| (k) | Timothy | 96 | 98 | ||
| 3. | Small seeded legumes— | ||||
| (a) | Alsike clover | 97 | Not applicable | ||
| (b) | birdsfoot trefoil | 95 | Not applicable | ||
| (c) | lucerne | 97 | 98 | ||
| (d) | red clover | 97 | 98 | ||
| (e) | sainfoin | 95 | 98 | ||
| (f) | trefoil, black medick | 97 | Not applicable | ||
| (g) | white clover | 97 | 98 | ||
| 4. | Large seeded legumes— | ||||
| (a) | blue lupin | 98 | Not applicable | ||
| (b) | common vetch | 98 | Not applicable | ||
| (c) | field bean | 98 | Not applicable | ||
| (d) | field pea | 98 | Not applicable | ||
| (e) | hairy vetch | 98 | Not applicable | ||
| (f) | Hungarian vetch | 98 | Not applicable | ||
| (g) | white lupin | 98 | Not applicable | ||
| (h) | yellow lupin | 98 | Not applicable | ||
| 5. | Crucifers— | ||||
| (a) | fodder kale | 98 | Not applicable | ||
| (b) | fodder radish | 97 | Not applicable | ||
| (c) | swede | 98 | Not applicable | ||
5.—(1) Subject to paragraphs (2) to (14), the seed shall conform to the following standards or other conditions as regards the maximum content of seeds of other plant species—
| Species | Basic Seed | CS, C1 and C2 seed EC minimum standard level | Cs seed HVS level | |||
|---|---|---|---|---|---|---|
| Total (percentage by weight) | A single species (content by number in a sample of the weight specified in column 4 of the table in Schedule 7) | Total (percentage by weight) | A single species (percentage by weight) | Total (percentage by weight) | A single species (percentage by weight) | |
| 1. Fine grasses | ||||||
| Fine grasses other than— | 0.3 | 20 | 2.0 | 1.0 | Not applicable | Not applicable |
| Festulolium | ||||||
| Red fescue | ||||||
| Smooth-stalk meadowgrass | ||||||
| Festulolium | 0.3 | 20 | 1.5 | 1.0 | 1.5 | Not applicable |
| Red fescue | 0.3 | 20 | 1.5 | 1.0 | 1.5 | 0.5 |
| Smooth-stalk meadowgrass | 0.3 | 20 | 2.0 | 1.0 | 1.5 | 0.5 |
| 2. Fodder grasses | ||||||
| Fodder grasses other than— | 0.3 | 20 | 1.5 | 1.0 | 1.5 | 0.5 |
| Alaska brome-grass | ||||||
| Rescue grass | ||||||
| Tall oatgrass | ||||||
| Alaska brome-grass and rescue grass | 0.4 | 20 | 1.5 | 1.0 | Not applicable | Not applicable |
| Tall oatgrass | 0.3 | 20 | 3.0 | 1.0 | Not applicable | Not applicable |
| 3. Small seed legumes | ||||||
| Alsike clover and trefoil, black medick | 0.3 | 20 | 1.5 | 1.0 | Not applicable | Not applicable |
| Birdsfoot trefoil | 0.3 | 20 | 1.8 | 1.0 | Not applicable | Not applicable |
| Lucerne, red clover and white clover | 0.3 | 20 | 1.5 | 1.0 | 1.5 | 0.5 |
| Sainfoin | 0.3 | 20 | 2.5 | 1.0 | 1.5 | 0.5 |
| 4. Large seeded legumes | ||||||
| Large seed legumes other than vetches | 0.3 | 20 | 0.5 | 0.3 | Not applicable | Not applicable |
| Vetches | 0.3 | 20 | 1.0 | 0.5 | Not applicable | Not applicable |
| 5. Crucifers | 0.3 | 20 | 1.0 | 0.5 | Not applicable | Not applicable |
(2) Notwithstanding the condition that a sample of basic seed of the weight specified in column 4 of the table in Schedule 7 shall not exceed 20 seeds of a single species, in the case of—
(a)cocksfoot;
(b)festulolium;
(c)hybrid ryegrass;
(d)Italian ryegrass;
(e)meadow fescue;
(f)perennial ryegrass;
(g)red fescue;
(h)the sheep’s fescue;
(i)tall fescue; and
(j)tall oatgrass,
a maximum total of 80 seeds of Poa spp. in a sample shall not be regarded as an impurity.
(3) In the case of a sample of HVS level CS seed of red fescue, there shall be no more than a total of 4 seeds of ryegrass, cocksfoot and meadow fescue in a sample of the weight specified in column 4 of the table in Schedule 7.
(4) In the case of basic seed of annual meadowgrass, rough-stalked meadowgrass, smooth-stalked meadowgrass and wood meadowgrass the maximum total content of seeds of Poa spp. other than the species to be examined shall not exceed one in a sample of 500 seeds.
(5) In the case of a sample of CS seed of annual meadowgrass, rough-stalked meadowgrass, smooth-stalked meadowgrass and wood meadowgrass, a maximum total of 0.8 per cent by weight of seeds of other Poa spp. in the sample shall not be regarded as an impurity.
(6) In the case of a sample of HVS level CS seed of smooth-stalked meadowgrass, a maximum of 0.4 per cent by weight of seed of other meadowgrasses shall not be regarded as an impurity.
(7) In the case of a sample of HVS level CS seed of meadow fescue and tall fescue, there shall be no more than—
(a)0.3 per cent by weight of rough stalked meadowgrass, or
(b)0.3 per cent by weight of ryegrass,
in the sample.
(8) In the case of a sample of CS seed of tall oatgrass, the condition that the weight of seed of a single plant species in the sample shall not exceed 1.0 per cent shall not apply to seeds of Poa spp.
(9) In the case of a sample of HVS level CS seed of hybrid ryegrass, Italian ryegrass and perennial ryegrass, there shall be no more than—
(a)0.4 per cent by weight of annual meadowgrass, or
(b)0.3 per cent by weight of rough stalked meadowgrass,
in the sample.
(10) In the case of a sample of CS seed of birdsfoot trefoil, a maximum total of 1 per cent by weight of seeds of red clover in the sample shall not be regarded as an impurity.
(11) In the case of a sample of C1 seed of a lupin, a maximum total of 0.5 per cent by weight of seeds of field bean, field pea, or vetch seed or another species of lupin in the sample shall not be regarded as an impurity.
(12) In the case of a sample of C1 seed of a vetch, a maximum total of 0.5 per cent by weight of seeds of field bean, field pea or lupin seed or another species of vetch seed in the sample shall not be regarded as an impurity.
(13) In the case of a sample of HVS level CS seed of small Timothy and Timothy, there shall be no more than 0.3 per cent by weight of Agrostis spp. in the sample.
(14) In the case of a sample of HVS level CS seed of red fescue, there shall be no more than 0.3 per cent by weight of rough-stalked meadowgrass.
6. The seed shall conform to the following standards as regards the content of seeds of Rumex spp. (commonly known as docks and sorrels) other than Rumex acetosella (commonly known as the sheep’s sorrel) and Rumex maritimus (commonly known as golden dock)—
| Species | Maximum permitted by number in a sample of the weight prescribed in column 4 of the table in Schedule 7 | ||
|---|---|---|---|
| Basic seed | CS, C1 and C2 seed | CS seed | |
| EC minimum level | HVS level | ||
| 1. Fine grasses | |||
(a) Fine grasses other than— | 1 | 2 | Not applicable |
(i) Annual meadowgrass | |||
(ii) Festulolium | |||
(iii) Red fescue | |||
(iv) Sheep’s fescue | |||
(v) Smooth-stalk meadowgrass | |||
(b) Annual meadowgrass | 1 | 5 | Not applicable |
(c) Red fescue | 2 | 5 | 5 |
(d) Sheep’s fescue and festulolium | 2 | 5 | Not applicable |
(e) Smooth-stalk meadowgrass | 1 | 2 | 2 |
| 2. Fodder grasses | |||
(a) Fodder grasses other than— | 2 | 5 | 5 |
(i) Alaska brome-grass | |||
(ii) rescue grass | |||
(iii) small Timothy | |||
(iv) tall oatgrass | |||
(v) Timothy | |||
(b) Alaska brome-grass | 5 | 10 | Not applicable |
(c) rescue grass | 5 | 10 | Not applicable |
(d) small Timothy | 2 | 5 | 4 |
(e) tall oatgrass | 2 | 5 | Not applicable |
(f) Timothy | 2 | 5 | 4 |
| 3. Small seed legumes | |||
(a) Alsike clover | 3 | 10 | Not applicable |
(b) birdsfoot trefoil | 3 | 10 | Not applicable |
(c) lucerne | 3 | 10 | 10 |
(d) red clover | 5 | 10 | 10 |
(e) sainfoin | 2 | 5 | 5 |
(f) trefoil, black medick | 5 | 10 | Not applicable |
(g) white clover | 5 | 10 | 10 |
| 4. Large seeded legumes | 2 | 5 | Not applicable |
| 5. Crucifers— | |||
(a) fodder kale | 3 | 10 | Not applicable |
(b) fodder radish and swede | 2 | 5 | Not applicable |
7. The seed shall conform to the following standards as regards the content of seeds of Alopecurus myosuroides (commonly known as blackgrass and called “blackgrass” in the table set out in this paragraph) and Elytrigia repens (commonly known as couch and called “couch” in the following table)—
| Species | Basic seed | CS seed EC minimum standard level | CS seed HVS level | |||
|---|---|---|---|---|---|---|
| Maximum content by number in a sample of the weight specified in column 4 of the table in Schedule 7 | Maximum percentage by weight | Maximum content by number in a sample of the weight specified in column 4 of the table in Schedule 7 | ||||
| couch | blackgrass | couch | blackgrass | couch | blackgrass | |
| 1. Fine grasses | ||||||
(a) Fine grasses other than— | 1 | 1 | 0.3 | 0.3 | Not applicable | Not applicable |
(i) festulolium | ||||||
(ii) red fescue | ||||||
(iii) the sheep’s fescue | ||||||
(iv) smooth-stalk meadowgrass | ||||||
(b) festulolium | 5 | 5 | 0.5 | 0.3 | 10 | Not applicable |
(c) red fescue | 5 | 5 | 0.5 | 0.3 | 10 | 10 |
(d) the sheep’s fescue | 5 | 5 | 0.5 | 0.3 | Not applicable | Not applicable |
(e) smooth-stalk meadowgrass | 1 | 1 | 0.3 | 0.3 | 3 | 3 |
| 2. Fodder grasses | ||||||
(a) Fodder grasses other than— | 5 | 5 | 0.5 | 0.3 | 10 | 10 |
(i) Alaska brome-grass | ||||||
(ii) cocksfoot | ||||||
(iii) rescue grass | ||||||
(iv) small Timothy | ||||||
(v) tall oatgrass | ||||||
(vi) Timothy | ||||||
(b) Alaska brome-grass, rescue grass, and tall oatgrass | 5 | 5 | 0.5 | 0.3 | Not applicable | Not applicable |
(c) cocksfoot | 5 | 5 | 0.3 | 0.3 | 10 | 10 |
(d) small Timothy and Timothy | 1 | 1 | 0.3 | 0.3 | 10 | 10 |
| 3. Small seeded legumes— | Not applicable | Not applicable | Not applicable | Not applicable | 10 | 10 |
(a) lucerne | ||||||
(b) red clover | ||||||
(c) sainfoin | ||||||
(d) white clover | ||||||
8.—(1) Subject to sub-paragraph (2), for basic seed of small and large seed legumes, a sample of the weight specified in column 4 of the table in Schedule 7 shall be free of seeds of Melilotus spp. (commonly known as sweet clover and hereinafter in this paragraph called “sweet clover”).
(2) In the case of—
(a)Alsike clover;
(b)birdsfoot trefoil;
(c)lucerne;
(d)red clover;
(e)trefoil, black medick; and
(f)white clover,
one seed of sweet clover in a sample of the weight specified in column 4 of the table in Schedule 7 shall not be regarded as an impurity where a second sample of twice that weight is free from any sweet clover seed.
(3) For CS, C1 and C2 seed of small and large seeded legumes, any sweet clover seed in a sample shall not exceed 0.3 per cent by weight.
9.—(1) Subject to sub-paragraph (2), a sample of seed of the weight specified in column 4 of the table in Schedule 7 shall be free of seeds of Avena fatua, Avena ludoviciana and Avena sterilis (commonly known as wild oats and hereinafter in this paragraph called “wild oats”).
(2) In the case of basic and CS seed of—
(a)Alaska brome grass;
(b)rescue grass; and
(c)tall oatgrass;
a maximum of 2 wild oats seeds in a sample of the weight specified in column 4 of the table in Schedule 7 shall not be regarded as an impurity where a second sample of the same weight is free from any wild oats seed.
10.—(1) Subject to sub-paragraphs (2) and (3), a sample of seed of the weight specified in column 4 of the table in Schedule 7 shall be free of seed of Cuscuta spp. (commonly known as dodder and hereinafter called “dodder” in this paragraph).
(2) In the case of minimum level CS seed of fine grasses, fodder grasses, fodder kale and swede, the presence of one seed of dodder in a sample shall not be regarded as an impurity where a second sample of the same weight is free from any dodder seed.
(3) Subject to paragraph (4), in the case of basic and CS seed of—
(a)Alsike clover;
(b)birdsfoot trefoil;
(c)black medick trefoil;
(d)lucerne;
(e)red clover; and
(f)white clover,
a sample of seed of the weight specified in column 4 of the table in Schedule 7 shall be free of dodder seed.
(4) In the case of minimum level CS seed and C1 seed of the species specified in sub-paragraph (3), the presence of one seed of dodder in a sample shall not be regarded as an impurity where a second sample of the same weight is free from any dodder seed.
11. The percentage by number of bitter lupins in a sample of seed of a sweet lupin variety shall not exceed—
(a)1 per cent in the case of basic seed, and
(b)2.5 per cent in the case of C1 seed.
12.—(1) In the case of C1 seed, the percentage by number of seeds of another colour in a sample of seed of a bitter lupin variety shall not exceed 2 per cent.
(2) In the case of C1 seed of lupins, other than bitter lupins, the percentage by number of seeds of another colour in a sample shall not exceed 1 per cent.
13. In the case of crucifers, the percentage by weight of seed of Raphanus raphanistrum (commonly known as wild radish) or Sinapis arvensis (commonly known as charlock) in a sample of seed shall not exceed 0.3 per cent.
14.—(1) Subject to sub-paragraph (2), it shall be determined, by way of a germination test, whether or not the seed will satisfy the applicable germination standard set out in column 2 of the following table (“the germination table”)—
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Species | Minimum germination | Maximum hard seed content |
| (all categories) | (% of pure seed) | (% of pure seed) |
| 1. Fine grasses— | ||
(a) annual meadowgrass | 75 | Not applicable |
(b) brown top | 75 | Not applicable |
(c) creeping bent grass | 75 | Not applicable |
(d) festulolium | 75 | Not applicable |
(e) red fescue | 75 | Not applicable |
(f) red top | 80 | Not applicable |
(g) rough-stalk meadowgrass | 75 | Not applicable |
(h) the sheep’s fescue | 75 | Not applicable |
(i) smooth-stalk meadowgrass | 75 | Not applicable |
(j) velvet bent | 75 | Not applicable |
(k) wood meadowgrass | 75 | Not applicable |
| 2. Fodder grasses— | ||
(a) Alaska brome-grass | 75 | Not applicable |
(b) cocksfoot | 80 | Not applicable |
(c) hybrid ryegrass | 75 | Not applicable |
(d) Italian ryegrass | 75 | Not applicable |
(e) meadow fescue | 80 | Not applicable |
(f) perennial ryegrass | 80 | Not applicable |
(g) rescue grass | 75 | Not applicable |
(h) small Timothy | 80 | Not applicable |
(i) tall fescue | 80 | Not applicable |
(j) tall oatgrass | 75 | Not applicable |
(k) Timothy | 80 | Not applicable |
| 3. Small seeded legumes— | ||
(a) Alsike clover | 80 | 20 |
(b) birdsfoot trefoil | 75 | 40 |
(c) lucerne | 80 | 40 |
(d) red clover | 80 | 20 |
(e) sainfoin | 75 | 20 |
(f) trefoil, black medick | 80 | 20 |
(g) white clover | 80 | 40 |
| 4 Large seeded legumes— | ||
(a) blue lupin | 75 | 20 |
(b) common vetch | 85 | 20 |
(c) field bean | 80 | 5 |
(d) field pea | 80 | Not applicable |
(e) hairy vetch | 85 | 20 |
(f) Hungarian vetch | 85 | 20 |
(g) white lupin | 80 | 20 |
(h) yellow lupin | 80 | 20 |
| 5. Crucifers— | ||
(a) fodder kale | 75 | Not applicable |
(b) fodder radish | 80 | Not applicable |
(c) swede | 80 | Not applicable |
(2) For the purpose of determining whether seed satisfies the applicable germination standard set out in column 2 of the germination table—
(a)any fresh and healthy seed which does not germinate after pre-treatment shall be regarded as seed which has germinated; and
(b)any hard seed present not exceeding the amount shown in column 3 of the table shall be regarded as seed which is capable of germination.
PART 3Other conditions
15. Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level that can be achieved.
PART 4General provisions
16. For the purpose of determining whether seed meets the conditions laid down in this Schedule pre-basic seed shall be treated in the same way as basic seed.
17.—(1) For the purpose of determining whether commercial seed meets the conditions laid down in this Schedule the provisions of this Schedule, other than paragraphs 1 to 3, shall apply, insofar as they may be relevant, to commercial seed of annual meadowgrass and Hungarian vetch in the same way as they apply to CS seed of those respective species and commercial seed of sainfoin in the same way as they apply to minimum level CS seed of that species except that—
(a)the minimum analytical purity of Hungarian vetch shall be 97 per cent, and
(b)subject to sub-paragraphs (2) and (3), the seed shall conform to the following standards as regards the maximum content of seeds of other plant species—
| Total content of seed of other plant species | A single species | |
|---|---|---|
| (% by weight) | (% by weight) | |
| annual meadowgrass | 3.0 | 2.0 |
| Hungarian vetch | 2.0 | 1.5 |
| sainfoin | 3.5 | 2.0 |
(2) In the case of Hungarian vetch, a maximum total of 6 per cent by weight of other species of vetch seed shall not be regarded as an impurity.
(3) In the case of annual meadowgrass, a maximum total of 10 per cent by weight of other species of meadowgrass shall not be regarded as an impurity.
Options/Help
Print Options
Print The Whole Rule
Print This Schedule only
You have chosen to open The Whole Rule
The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Rule as a PDF
The Whole Rule you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Rule
The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources