The Oil and Fibre Plant Seed (Scotland) Regulations 2004

PART I CONDITIONS RELATING TO CROPS FROM WHICH SEED OTHER THAN COMMERCIAL SEED IS OBTAINED

Methods of crop testing

1.  The Scottish Ministers may ascertain, so far as practicable, whether the requirements for the crop set out in this Part of this Schedule are met by the use of methods which shall include official field inspection of the crop and which may include examination of a control plot sown with a sample from the seed lot sown in the field and the consideration of any other relevant information.

Varietal identity and varietal purity

2.  The characteristics used for the determination of varietal identity and varietal purity shall be those to which regard was had when the relevant variety was accepted on to the relevant UK National List, an equivalent list in another EEA State or the Common Catalogue.

Crop inspection

3.—(a) An official examination of the crop shall be made by means of an official field inspection.

(b) The official field inspection shall only be carried out when the cultural condition of the field and the stage of development and condition, including state of health, of the crop are such as to permit suitable checks of varietal identity, varietal purity and species purity to be made.

(c) Subject to paragraphs (d) and (e), at least one official field inspection of the crop shall be carried out.

(d) At least two official field inspections shall be carried out in the case of a hybrid of sunflower.

(e) At least three official field inspections shall be carried out in the case of a hybrid of swede rape and shall be carried out as follows:–

(i) the first official field inspection shall be carried out before the flowering stage;

(ii) the second official field inspection shall be carried out at the early flowering stage; and

(iii) the third official field inspection shall be carried out at the end of the flowering stage.

Harmful organisms in the crop

4.  Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level including in the case of soya bean, Pseudomonas syringae pv glycinea, Diaporthe phaseolorum var. caulivora and var. sojae, Phialophora gregata and Phytophthora megasperma f.sp. glycinea.

Previous cropping

5.—(a) The previous cropping of the field shall not have been incompatible with the production of seed of the species and variety of the crop, and the field shall be sufficiently free from plants which are volunteers from previous cropping.

(b) The crop may be grown only on land which complies with the Scottish Ministers' requirements in respect of previous cropping.

(c) In the case of a hybrid of swede rape the crop shall be raised in a production ground where not less than 5 years have elapsed since plants of cruciferae were last grown.

Isolation distances – general

6.  There shall be either a physical barrier or at least 2 metres of fallow ground between the seed crop and any crop likely to cause contamination in the seed.

Isolation distances – minimum distance

7.  For black mustard, brown mustard, hemp, sunflower, swede rape, turnip rape and white mustard, the minimum distance from neighbouring crops or plants of other species, or of other varieties of the same species, liable to cross pollinate with the crop shall be the distance specified in column 2 of the following table for the corresponding crop specified in column 1 of the table (which can include any distance of at least 2 metres of fallow ground required under paragraph 6 of this Part of this Schedule):–

Column 1	Column 2
Crop	Minimum Distance
(a) Black mustard, brown mustard, dioecious hemp, turnip rape and white mustard–
(i) for the production of Basic Seed	400 metres
(ii) for the production of Certified Seed(1)	200 metres
(b) Monoecious hemp–
(i) for the production of Basic Seed	5,000 metres
(ii) for the production of Seed of a Certified Generation	1,000 metres
(c) Sunflower–
(i) for the production of Basic Seed of hybrids	1,500 metres
(ii) for the production of Basic Seed of varieties other than hybrids	750 metres
(iii) for the production of Seed of a Certified Generation	500 metres
(d) Swede rape–
(i) for the production of Basic Seed of varieties other than hybrids	400 metres
(ii) for the production of Basic Seed of hybrids	500 metres
(iii) for the production of Certified Seed of varieties other than hybrids	200 metres
(iv) for the production of Certified Seed of hybrids	300 metres

but with the approval of the Scottish Ministers these distances may be modified or disregarded if there is adequate protection against undesirable foreign pollen.

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 1	Column 2
Crop of hybrid of sunflower	Percentage 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 1	Column 2
Crop of hybrids of swede rape produced using male sterility	Percentage 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%

Crop conditions for Pre basic Seed

9.  For the purpose of determining whether a crop from which Pre basic Seed is to be produced meets the conditions specified in this Part of this Schedule, the crop from which such seed is to be produced shall be treated in the same way as a crop from which Basic Seed is to be produced.

(1)

See regulation 3 for the definition of “Certified Seed”.