The Fodder Plant Seed (Scotland) Regulations 2005

Regulations 2(1), 3, 6(2), 7, 11, 12(1), (2) and (3), 14(4), 20(3), 22(5), and paragraphs 2, 3 and 4 of Part I of Schedule 2, paragraphs 6 and 7 of Part II of Schedule 2 and paragraphs 1 and 2 of Schedule 3

SCHEDULE 4 REQUIREMENTS FOR PRE-BASIC SEED, BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION, CERTIFIED SEED OF THE SECOND GENERATION AND COMMERCIAL SEED

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

Methods of ascertaining whether crop requirements are met

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

(2) 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–

(a) are such as to permit suitable checks of varietal identity, varietal purity and species purity to be made; and

(b) meet the requirements of the Scottish Ministers.

(3) At least one official field inspection of the crop shall be carried out.

Harmful organisms in the crop

4.  Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

Previous cropping

5.—(1) 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.

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

Limitations on number of harvest years

6.  A crop to produce Pre-basic Seed, Basic Seed or Certified Seed of hybrid or Italian ryegrass shall not be used to produce a crop in the second year unless–

(a) Pre-basic Seed was produced in the first harvest year in which case Basic Seed may be produced in the second harvest year;

(b) Basic Seed was produced in the first harvest year from a crop grown from officially certified Pre-basic Seed, in which case Certified Seed may be produced in the second harvest year;

(c) for a tetraploid variety of hybrid ryegrass, Certified Seed was produced in the first harvest year from a crop grown from officially certified Basic Seed, in which case Certified Seed may be produced in the second harvest year.

Isolation distances – general

7.  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 distances

8.  For a crop shown in Column 1 of the following table, the minimum distances 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 distances specified in column 2 or 3, as appropriate (which can include any distance of at least 2 metres of fallow ground required under paragraph 7 of this Part of this Schedule)–

Column 1	Column 2	Column 3
Crop	Minimum Distances	Minimum Distances
	Crop Area up to 2 hectares	Crop Area over 2 hectares
(a) All grasses other than apomictic unicloncal varieties of smooth stalked meadowgrass–
(i) for the production of Basic Seed	200 metres	100 metres
(ii) for the production of Certified Seed	100 metres	50 metres
(b) All legumes other than field bean, field pea, vetches & lucerne and for fodder radish–
(i) for the production of Basic Seed	200 metres	100 metres
(ii) for the production of Certified Seed	100 metres	50 metres
(c) Field bean, vetches & lucerne–
(i) for the production of Basic Seed & Certified Seed of the First Generation	200 metres	100 metres
(ii) for the production of Certified Seed of the Second Generation	100 metres	50 metres
(d) Fodder kale & swede–
(i) for the production of Basic Seed	400 metres	400 metres
(ii) for the production of Certified Seed	200 metres	200 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

9.  The crop shall have sufficient varietal identity and varietal purity and in particular the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed–

	In Crops to Produce
	Basic Seed	Seed of a Certified Generation
(a) In the case of all grasses except smooth stalked meadowgrass	One plant in 30 square metres	One plant in 10 square metres
(b) In the case of all legumes except field peas & field beans and in the case of fodder radish	One plant in 30 square metres	One plant in 10 square metres
(c) In the case of smooth stalked meadowgrass
(i) apomictic uniclonal varieties	One plant in 20 square metres	Six plants in 10 square metres
(ii) all varieties except apomictic uniclonal varieties	One plant in 20 square metres	Four plants in 10 square metres

Plants of other species, the seeds of which are difficult to distinguish from the crop seeds in a laboratory test, shall be at a low level and in particular the number of plants of a ryegrass species or festulolium, other than the crop species itself, shall not exceed–

	In Crops to Produce
	Basic Seed	Certified Seed
In the case of perennial, Italian & hybrid ryegrass and festulolium	One plant in 50 square metres	One plant in 10 square metres

Crop conditions for Pre basic Seed

10.  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.

PART II CONDITIONS RELATING TO BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION, CERTIFIED SEED OF THE SECOND GENERATION AND COMMERCIAL SEED

Standards for varietal purity

11.—(1) The seed shall possess sufficient varietal identity and varietal purity and in particular seed of the species and category specified in Column 1 of the following table shall possess at least the percentage of minimum varietal purity specified in the corresponding entry in column 2 of the table–

Species and category	Percentage of minimum varietal purity
Column 1	Column 2
(a) Fodder kale, apomictic uniclonal varieties of smooth-stalked meadowgrass and swede–
(i) Basic Seed	99.7
(ii) Certified Seed	98.0
(b) Field beans and field peas–
(i) Basic Seed	99.7
(ii) Certified Seed of the First Generation	99.0
(iii) Certified Seed of the Second Generation	98.0

(2) For the purposes of paragraph (1), the minimum varietal purity of seed shall be examined mainly in official field inspections carried out in accordance with conditions specified in Part I of this Schedule.

Harmful organisms in the seed

12.  Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

Standards for germination, analytical purity and content of seed of other plant species

13.  The seed shall conform to the standards or other conditions as regards germination, analytical purity and the content of seeds of other plant species specified in the following table–

TABLE I

Species	Minimum germination (% by number of pure seeds or pure pellets)(a)	Maximum hard seed content (% by number of pure seeds or pure pellets)	Minimum analytical purity (% by weight)		Maximum total content of seeds of other plant species (% by weight)
	Basic Seed and Certified Seed	Basic Seed and Certified Seed	Basic Seed and Certified Seed (minimum standard)	Certified Seed (Higher Voluntary Standard)	Basic Seed	Certified Seed (minimum standard)	Certified Seed (Higher Voluntary Standard)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
(a) All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.
(b) Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.
(c) Including Commercial Seed.
(d) For Commercial Seed 3.5%.
n/a Not applicable (no standard).
Grasses
Cocksfoot	80	n/a	90	90	0.3	1.5	1.5
Festulolium	75	n/a	96	98	0.3	1.5	1.5
Hybrid ryegrass	75	n/a	96	98	0.3	1.5	1.5
Italian ryegrass	75	n/a	96	98	0.3	1.5	1.5
Meadow fescue	80	n/a	95	98	0.3	1.5	1.5
Perennial ryegrass	80	n/a	96	98	0.3	1.5	1.5
Red fescue	75	n/a	90	95	0.3	1.5	1.5
Smooth-stalked meadowgrass	75	n/a	85	90	0.3	2.0	1.5
Tall fescue	80	n/a	95	98	0.3	1.5	1.5
Timothy (including small Timothy)	80	n/a	96	98	0.3	1.5	1.5
Legumes
Lucerne	80(b)	40	97	98	0.3	1.5	1.5
Red clover	80(b)	20	97	98	0.3	1.5	1.5
Sainfoin	75(b) (c)	20(c)	95(c)	98	0.3	2.5(d)	1.5
White clover	80(b)	40	97	98	0.3	1.5	1.5

TABLE II

Species	Minimum germination (% by number of pure seeds or pure pellets)(a)	Maximum hard seed content (% by number of pure seeds or pure pellets)	Minimum analytical purity (% by weight)	Maximum total content of seeds of other plant species (% by weight)
	All categories	All categories	All categories	Basic Seed	Certified Seed, Certified Seed of the First and Second Generations
(1)	(2)	(3)	(4)	(5)	(6)
(a) All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.
(b) Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.
(c) For Commercial Seed 97%.
(d) For Commercial Seed 2.0%.
(e) For Commercial Seed 3.0%.
n/a Not applicable (no standard).
Grasses
Alaska brome-grass	75	n/a	97	0.4	1.5
Annual meadowgrass	75	n/a	85	0.3	2.0(e)
Brown top	75	n/a	90	0.3	2.0
Creeping bent	75	n/a	90	0.3	2.0
Red top	80	n/a	90	0.3	2.0
Rescue grass	75	n/a	97	0.4	1.5
Rough-stalked meadowgrass	75	n/a	85	0.3	2.0
Sheep’s fescue	75	n/a	85	0.3	2.0
Tall oatgrass	75	n/a	90	0.3	3.0
Velvet bent	75	n/a	90	0.3	2.0
Wood meadowgrass	75	n/a	85	0.3	2.0
Legumes
Aliske clover	80(b)	20	97	0.3	1.5
Birdsfoot trefoil	75(b)	40	95	0.3	1.8
Common vetch	85(b)	20	98	0.3	1.0
Field bean	80(b)	5	98	0.3	0.5
Field pea	80	n/a	98	0.3	0.5
Hairy vetch	85(b)	20	98	0.3	1.0
Hungarian vetch	85(b)	20	98(c)	0.3	1.0(d)
Narrow-leaved lupin (Blue lupin)	75(b)	20	98	0.3	0.5
Trefoil	80(b)	20	97	0.3	1.5
White lupin	80(b)	20	98	0.3	0.5
Yellow lupin	80(b)	20	98	0.3	0.5
Others
Fodder kale	75	n/a	98	0.3	1.0
Fodder radish	80	n/a	97	0.3	1.0
Swede	80	n/a	98	0.3	1.0

Standards regarding content of seeds of other plant species

14.  The seeds shall comply, where appropriate, with the standards in the following tables and where number standards are indicated a sample of the size indicated in column 2 shall be examined–

TABLE I

		Maximum permitted content of seed impurities (by number or as a percentage by weight)
Species	Weight of sample for deter-mination of foreign seeds by number (grams)	Avena fatua, A.ludoviciana and A.sterilis (Wild oat) or Cuscuta spp. (Dodder)		Rumex spp. (Docks, Sorrels) excluding R.acetosella (Sheep’s sorrel) and R.maritimus (Golden dock)			Alopecurus myosuroides (Blackgrass)			Agropyron repens(Couch)			Melilotus spp.(Sweetclovers)		Maximum content of any one other plant species
		Basic Seed	Certified Seed	Basic Seed	Certified Seed		Basic Seed	Certified Seed		Basic Seed	Certified Seed		Basic Seed	Certified Seed	Basic Seed	Certified Seed
			Minimum Standard and Higher Voluntary Standard		Minimum Standard	Higher Voluntary Standard		Minimum Standard	Higher Voluntary Standard		Minimum Standard	Higher Voluntary Standard		Minimum Standard and Higher Voluntary Standard		Minimum Standard	Higher Voluntary Standard
Species	Weight of sample for determination of foreign seeds by number (grams)	Number	Number	Number	Number	Number	Number	%	Number	Number	%	Number	Number	%	Number	%	%
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)	(12)	(13)	(14)	(15)	(16)	(17)	(18)
(a) For Certified Seed, minimum standard, 1 seed of dodder in a sample of the size specified in column (2) shall not be regarded as an impurity if a second sample of the same weight is free from dodder.
(b) There shall be no more than 80 seeds of meadowgrasses in a sample of the size specified in column (2).
(c) There shall be no more than 0.4% by weight of annual meadowgrass.
(d) There shall be no more than 0.3% by weight of bentgrasses.
(e) There shall be no more than 0.3% by weight of ryegrasses.
(f) There shall be no more than 0.3% by weight of rough-stalked meadowgrass.
(g) For Certified Seed, Higher Voluntary Standard, 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 size specified in column 2.
(h) One seed of sweetclover in a sample of the size specified in column 2 shall not be regarded as an impurity if a second sample of twice that size is free from seed of sweetclovers.
(j) Including Commercial Seed.
(k) In Certified Seed there shall be no more than 0.8% by weight of seeds of other meadowgrasses.
(l) In Certified Seed there shall be no more than 0.4% by weight of seeds of other meadowgrasses.
(m) In Basic seed of meadowgrass there shall be no more than 1 seed of meadowgrasses other than the species being examined, in a sample of 500 seeds.
(n) For Commercial Seed 2.0%.
n/a Not applicable (no standard).
Grasses
Cocksfoot	30	0	0(a)	2	5	5	5	0.3	10	5	0.3	10	n/a	n/a	20(b)	1.0	0.5
Festulolium	60	0	0(a)	2	5	5	5	0.3	10	5	0.5	10	n/a	n/a	20(b)	1.0	0.5(c),(f)
Hybrid ryegrass	60	0	0(a)	2	5	5	5	0.3	10	5	0.5	10	n/a	n/a	20(b)	1.0	0.5(c),(f)
Italian ryegrass	60	0	0(a)	2	5	5	5	0.3	10	5	0.5	10	n/a	n/a	20(b)	1.0	0.5(c),(f)
Meadow fescue	50	0	0(a)	2	5	5	5	0.3	10	5	0.5	10	n/a	n/a	20(b)	1.0	0.5(e),(f)
Perennial ryegrass	60	0	0(a)	2	5	5	5	0.3	10	5	0.5	10	n/a	n/a	20(b)	1.0	0.5(b),(f)
Red fescue	30	0	0(a)	2	5	5	5	0.3	10	5	0.5	10	n/a	n/a	20(b)	1.0	0.5(f),(g)
Smooth-stalked meadowgrass	5	0	0(a)	1	2	2	1	0.3	3	1	0.3	3	n/a	n/a	20(m)	1.0(k)	0.5(l)
Tall fescue	50	0	0(a)	2	5	5	5	0.3	10	5	0.5	10	n/a	n/a	20(b)	1.0	0.5(e),(f)
Timothy (including Small Timothy)	10	0	0(a)	2	5	4	1	0.3	10	1	0.3	10	n/a	n/a	20	1.0	0.5(d)
Legumes
Lucerne	50	0	0	3	10	10	n/a	n/a	10	n/a	n/a	10	0(h)	0.3	20	1.0	0.5
Red clover	50	0	0	5	10	10	n/a	n/a	10	n/a	n/a	10	0(h)	0.3	20	1.0	0.5
Sainfoin Seed/Fruit	400/600	0	0(j)	2	5(j)	5	n/a	n/a(j)	10	n/a	n/a(j)	10	0	0.3(j)	20	1.0(n)	0.5
White clover	20	0	0	5	10	10	n/a	n/a	10	n/a	n/a	10	0(h)	0.3	20	1.0	0.5

TABLE II

		Maximum permitted content of seed impurities (by number or as a percentage by weight)
Species	Weight of sample for determination of foreign seeds by number	Avena fatua, A.ludoviciana and A.sterilis (Wild oat) Cuscuta spp. (Dodder)		Rumex spp. (Docks, Sorrels) excluding R.acetosella (Sheep’s sorrel) and R.maritimus (Golden dock)		Alopecurus myosuroides (Blackgrass)		Agropyron repens (Couch)		Melilotus spp. (Sweetclovers)		Maximum content of any one other plant species		Other Require-ments
		Basic Seed	All other categories	Basic Seed	All other categories	Basic Seed	All other categories	Basic Seed	All other categories	Basic Seed	All other categories	Basic Seed	Certified Seed or Certified 1st or 2nd Generations
	(grams)	Number	Number	Number	Number	Number	%	Number	%	%	%	Number	%
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)	(12)	(13)	(14)	(15)
(a) The presence of a maximum of 80 seeds of meadowgrasses in a sample of the size specified in column (2) shall not be regarded as an impurity.
(b) One seed of sweetclovers in a sample of the size specified in column (2) shall not be regarded as an impurity if a second sample of twice that size is free from seed of sweetclovers.
(c) One seed of dodder in a sample of the size specified in column (2) shall not be regarded as an impurity if a second sample of the same weight is free from dodder.
(d) A maximum of 2 seeds of wild oat in a sample of the size specified in column (2) shall not be regarded as an impurity if a second sample of the same weight is free from wild oat.
(e) In Basic Seed of meadowgrass there shall be no more than 1 seed of meadowgrass other than the species being examined in a sample of 500 seeds.
(f) In Certified Seed of meadowgrass a maximum of 0.8% by weight of seeds of other meadowgrasses shall not be regarded as an impurity.
(g) In Commercial Seed 10 % by weight of other species of meadowgrass shall not be regarded as an impurity.
(h) The presence of a maximum of 1.0% by weight of seeds of red clover shall not be regarded as an impurity.
(j) The presence of a maximum of 0.5% by weight in total of seeds of white, narrow-leaved (blue) and yellow lupins, Hungarian, common and hairy vetch, field pea and field bean in another relevant species shall not be regarded as an impurity (including Commercial Seed of Hungarian vetch).
(k) In Basic Seed of lupins the presence of bitter lupins in sweet varieties shall not exceed 1.0%. In Certified Seed of lupins the presence of bitter lupin seeds in sweet varieties shall not exceed 2.5% and the presence of seeds of another colour shall not exceed 2.0% in bitter lupins and 1.0% in other lupins. In Commercial Seed of lupins (bitter varieties) the presence of seeds of another colour shall not exceed 4.0%.
(l) In Commercial Seed the presence of a maximum of 6% by weight in total seeds of other species of vetch shall not be regarded as an impurity.
(m) For all categories there shall be no more than a maximum of 0.3% by weight of Raphanus raphanistrum (wild radish) or Sinapis arvensis (charlock).
(n) For Commercial Seed 2.0%.
(p) For Commercial Seed 1.5%.
(q) The prescribed maximum percentage by weight of seeds of a single species shall not apply to seeds of meadowgrasses.
n/a Not applicable (no standard).
Grasses
Alaska brome-grass	200	0(c),(d)	0(c),(d)	5	10	5	0.3	5	0.5	n/a	n/a	20	1.0	n/a
Annual meadowgrass	10	0	0(c)	1	5	1	0.3	1	0.3	n/a	n/a	20(e)	1.0(f),(n)	(g)
Brown top	5	0	0(c)	1	2	1	0.3	1	0.3	n/a	n/a	20	1.0	n/a
Creeping bent	5	0	0(c)	1	2	1	0.3	1	0.3	n/a	n/a	20	1.0	n/a
Red top	5	0	0(c)	1	2	1	0.3	1	0.3	n/a	n/a	20	1.0	n/a
Rescue grass	200	0(c),(d)	0(c),(d)	5	10	5	0.3	5	0.5	n/a	n/a	20	1.0	n/a
Rough-stalked meadowgrass	5	0	0(c)	1	2	1	0.3	1	0.3	n/a	n/a	20(e)	1.0(f)	n/a
Sheep’s fescue	30	0	0(c)	2	5	5	0.3	5	0.5	n/a	n/a	20(a)	1.0	n/a
Tall oatgrass	80	0(c),(d)	0(c),(d)	2	5	5	0.3	5	0.5	n/a	n/a	20(a)	1.0(q)	n/a
Velvet bent	5	0	0(c)	1	2	1	0.3	1	0.3	n/a	n/a	20	1.0	n/a
Wood meadowgrass	5	0	0(c)	1	2	1	0.3	1	0.3	n/a	n/a	20(e)	1.0(f)	n/a
Legumes
Alsike clover	20	0	0	3	10	n/a	n/a	n/a	n/a	0(b)	0.3	20	1.0	n/a
Birdsfoot trefoil	30	0	0	3	10	n/a	n/a	n/a	n/a	0(b)	0.3	20	1.0(h)	n/a
Common vetch	1,000	0	0	2	5	n/a	n/a	n/a	n/a	0	0.3	20	0.5(j)	n/a
Field bean	1,000	0	0	2	5	n/a	n/a	n/a	n/a	0	0.3	20	0.3	n/a
Field pea	1,000	0	0	2	5	n/a	n/a	n/a	n/a	0	0.3	20	0.3	n/a
Hairy vetch	1,000	0	0	2	5	n/a	n/a	n/a	n/a	0	0.3	20	0.5(j)	n/a
Hungarian vetch	1,000	0	0	2	5	n/a	n/a	n/a	n/a	0	0.3	20	0.5(j),(p)	(l)
Narrow-leaved lupin (Blue lupin)	1,000	0	0	2	5	n/a	n/a	n/a	n/a	0	0.3	20	0.3(j)	(k)
Trefoil	50	0	0	5	10	n/a	n/a	n/a	n/a	0(b)	0.3	20	1.0	n/a
White lupin	1,000	0	0	2	5	n/a	n/a	n/a	n/a	0	0.3	20	0.3(j)	(k)
Yellow lupin	1,000	0	0	2	5	n/a	n/a	n/a	n/a	0	0.3	20	0.3(j)	(k)
Others
Fodder kale	100	0	0(c)	3	10	n/a	n/a	n/a	n/a	n/a	n/a	20	0.5	(m)
Fodder radish	300	0	0	2	5	n/a	n/a	n/a	n/a	n/a	n/a	20	0.5	(m)
Swede	100	0	0(c)	2	5	n/a	n/a	n/a	n/a	n/a	n/a	20	0.5	(m)