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The Oil and Fibre Plant Seed (Scotland) Regulations 2004

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Standards for varietal purity

8.—(a) The crop shall have sufficient varietal identity and varietal purity, including–

(i)in the case of a crop of an inbred line, sufficient varietal identity and varietal purity as regards its characteristics; and

(ii)in the case of a crop used for the production of seed of hybrid varieties, sufficient varietal identity and varietal purity as regards the characteristics of the components of the hybrid variety, including male sterility or fertility restoration.

(b)in crops of black mustard, brown mustard and hemp the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed–

(i)one plant in 30 square metres for the production of Basic Seed; and

(ii)one plant in 10 square metres for the production of Seed of a Certified Generation.

(c)in crops of hybrids of sunflower–

(i)the percentage by number of plants which are recognisable as obviously not being true to the inbred line or to the component shall not exceed the percentage specified in column 2 of the following table corresponding to the relevant crop specified in column 1 of the table:–

Column 1Column 2
Crop of hybrid of sunflowerPercentage by number of plants

(aa)For the production of Basic Seed–

(aaA)inbred lines

0.2%

(aaB)simple hybrids–

(aaBa)male parent, plants which have shed pollen while 2% or more of the female plants have receptive flowers

0.2%

(aaBb)female parent

0.5%

(bb)For the production of Certified Seed–

(bbA)male component, plants which have shed pollen while 5% or more of the female plants have receptive flowers

0.5%

(bbB)female component

1.0%

(ii)used for the production of seed of hybrid varieties–

(aa)sufficient pollen shall be shed by the plants of the male component while the plants of the female component are in flower;

(bb)where the female component plants have receptive stigmas, the percentage by number of female component plants which have shed pollen, or are shedding pollen, shall not exceed 0.5%;

(cc)of Basic Seed the total percentage by number of plants of the female component which are recognisable as obviously not being true to the component and which have shed pollen, or are shedding pollen, shall not exceed 0.5%; and

(dd)where a male-sterile component has been used to produce Certified Seed by using a male component which contains a specific restorer line or lines, at least one third of the plants grown from the resulting hybrid shall produce pollen which appears normal in all aspects.

(d)in a case where a male-sterile component is used for the production of seed of a hybrid variety of swede rape the percentage by number of male sterility shall be at least 99% for the production of Basic Seed and 98% for the production of Certified Seed and the level of male sterility shall be assessed by examining flowers for the absence of fertile anthers;

(e)in the case of hybrids of swede rape produced using male sterility the percentage by number of plants which are recognisable as obviously not true to the inbred line or to the component shall not exceed the percentage specified in column 2 of the following table corresponding to the relevant crop specified in column 1 of the table:–

Column 1Column 2
Crop of hybrids of swede rape produced using male sterilityPercentage by number of plants

(i) For the production of Basic Seed–

(aa)inbred lines

0.1%

(bb)simple hybrids–

(bbA)male component

0.1%

(bbB)female component

0.2%

(ii) For the production of Certified Seed–

(aa)male component

0.3%

(bb)female component

1.0%

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