The Oil and Fibre Plant Seed (Scotland) Regulations 2004 No. 317

PART I GENERAL

Definitions of seed categories

3.  In these Regulations–

“Breeder’s Seed” means seed of a generation prior to Basic Seed which has been produced by or under the responsibility of the breeder and is intended for the production of Pre-basic Seed or Basic Seed;

“Pre-basic Seed” means seed of a generation prior to Basic Seed which–

(a)

other than in relation to a component used in the production of a hybrid variety–

(i)

has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; and

(ii)

is intended to be used for the production of more Pre-basic Seed, Basic Seed, or with the written authority of the breeder–

(aa)

in the case of black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape or white mustard, Certified Seed;

(bb)

in the case of flax, linseed, monoecious hemp or soya bean, Certified Seed of the First Generation;

(cc)

in the case of flax, linseed, monecious hemp or soya bean, Certified Seed of the Second Generation; or

(dd)

in the case of flax or linseed, Certified Seed of the Third Generation; or

(b)

in relation to a component of a hybrid variety seed is intended to be used for the production of–

(i)

more Pre-basic Seed of the component;

(ii)

Basic Seed; or

(iii)

with the written authority of the breeder, Certified Seed of a hybrid variety; and

(c)

has been–

(i)

officially certified, or certified by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraph (a) or (b) and the requirements for Basic Seed specified in Schedule 4; or

(ii)

certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in paragraph (a) or (b) and the requirements for Basic Seed specified in Annexes I (crop conditions) and II (seed conditions) of the Oil and Fibre Plant Seed Directive;

“Basic Seed” means seed which–

(a)

in relation to black mustard, brown mustard, flax, hemp, linseed, soya bean, sunflower, swede rape, turnip rape and white mustard, other than a hybrid variety–

(i)

has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; and

(ii)

is intended to be used for the production of–

(aa)

in the case of black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape or white mustard, Certified Seed;

(bb)

in the case of flax, linseed, monoecious hemp or soya bean, Certified Seed of the First Generation;

(cc)

in the case of flax, linseed, monoecious hemp or soya bean, Certified Seed of the Second Generation; or

(dd)

in the case of flax or linseed, Certified Seed of the Third Generation; or

(b)

in relation to a component of a hybrid variety, or an inbred line which is a component of a hybrid variety, seed which is intended to be used for the production of Certified Seed of a hybrid variety; or

(c)

in relation to a simple hybrid which is a component of a hybrid variety, seed which is intended to be used for the production of Certified Seed of a double cross hybrid variety or three way cross hybrid variety, where–

(i)

“single cross hybrid” means the first generation of a cross between two inbred lines, defined by the breeder;

(ii)

“double cross hybrid” means the first generation of a cross between two single cross hybrids, defined by the breeder; and

(iii)

“three way cross hybrid” means the first generation of a cross between an inbred line and a single cross hybrid, defined by the breeder; and

(d)

has been–

(i)

officially certified, or certified by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a), (b) or (c) and the requirements for Basic Seed specified in Schedule 4; or

(ii)

certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in paragraph (a), (b) or (c) and the requirements for Basic Seed specified in Annexes I (crop conditions) and II (seed conditions) of the Oil and Fibre Plant Seed Directive;

“Certified Seed” means seed which, in relation to black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape and white mustard including hybrids–

(a)

has been produced directly from Basic Seed or, with the breeder’s written authority, from Pre basic Seed;

(b)

is intended for purposes other than the production of oil and fibre plant seed; and

(c)

has been–

(i)

officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed specified in Schedule 4; or

(ii)

certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in sub paragraphs (a) and (b) and the requirements for Certified Seed specified in Annexes I (crop conditions) and II (seed conditions) of the Oil and Fibre Plant Seed Directive;

“Certified Seed of the First Generation” means seed of flax, linseed, monoecious hemp or soya bean which–

(a)

has been produced directly from Basic Seed or, with the written authority of the breeder, from Pre basic Seed;

(b)

is intended–

(i)

for the production of Certified Seed of the Second Generation;

(ii)

in the case of flax or linseed for the production of Certified Seed of the Third Generation; or

(iii)

for purposes other than the production of oil and fibre plant seed; and

(c)

has been

(i)

officially certified as meeting the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation specified in Schedule 4; or

(ii)

certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation specified in Annexes I (crop conditions) and II (seed conditions) of the Oil and Fibre Plant Seed Directive;

“Certified Seed of the Second Generation” means seed of flax, linseed, monoecious hemp or soya bean which–

(a)

in the case of flax, linseed or soya bean–

(i)

has been produced directly from the Basic Seed, Certified Seed of the First Generation or, with the written authority of the breeder, from Pre basic Seed;

(ii)

is intended–

(aa)

in the case of flax or linseed, for the production of Certified Seed of the Third Generation; or

(bb)

in the case of flax, linseed or soya bean for purposes other than the production of oil and fibre plant seed; and

(iii)

has been–

(aa)

officially certified as satisfying the conditions specified in sub paragraphs (i) and (ii) and the requirements for Certified Seed of the Second Generation specified in Schedule 4; or

(bb)

certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in sub paragraphs (i) and (ii) and the requirements for Certified Seed of the Second Generation specified in Annexes I (crop conditions) and II (seed conditions) of the Oil and Fibre Plant Seed Directive;

(b)

in the case of monoecious hemp–

(i)

has been produced directly from Certified Seed of the First Generation which has been established and officially controlled with a special view to the production of Certified Seed of the Second Generation;

(ii)

is intended for the production of hemp to be harvested in flower; and

(iii)

has been–

(aa)

officially certified as satisfying the conditions specified in sub paragraphs (i) and (ii) and the requirements of Certified Seed of the Second Generation specified in Schedule 4; or

(bb)

certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in sub paragraphs (i) and (ii) and the requirements for Certified Seed of the Second Generation specified in Annexes I (crop conditions) and II (seed conditions) of the Oil and Fibre Plant Seed Directive;

“Certified Seed of the Third Generation” means seed of flax or linseed which–

(a)

has been produced directly from Basic Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation or, with the written authority of the breeder, from Pre basic Seed;

(b)

is intended for purposes other than the production of oil and fibre plant seed; and

(c)

has been–

(i)

officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Third Generation specified in Schedule 4; or

(ii)

certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Third Generation specified in Annexes I (crop conditions) and II (seed conditions) of the Oil and Fibre Plant Seed Directive;

“Commercial Seed” means seed of black mustard which–

(a)

is identifiable as to its species; and

(b)

has been–

(i)

officially certified as satisfying the conditions specified in paragraph (a) and the requirements for Certified Seed specified in Part II of Schedule 4; or

(ii)

certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in paragraph (a) and the requirements for Certified Seed specified in Annex II (seed conditions) of the Oil and Fibre Plant Seed Directive;

“Seed of a Certified Generation” means Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation and Certified Seed of the Third Generation.