The Fodder Plant Seed (Scotland) Regulations 2005

Regulations 6(5), 17(4), (5), (8), (10) and (11), 18, 22(4), (6), (7) and (12)

SCHEDULE 6

PART I GENERAL

Method of referring to species of seed

1.  Where the species of seed is one of the particulars to be indicated on a label, in accordance with the provisions of this Schedule, with the exception of paragraphs 7(a)(v), 8, 9(a)(iv) and 10(e), the species must be indicated at least under its botanical name, which may be given in abridged form and without the authority’s name, in Roman characters.

Method of referring to varieties of seed

2.  Where the variety of seed is one of the particulars to be indicated on a label, in accordance with the provisions of this Schedule, the variety must be indicated at least in Roman characters.

PART II LABELS

Label for a package of Breeder’s Seed

3.  The label for a package of Breeder’s Seed shall–

(a) contain the following information–

(i) name and address of the supplier responsible for affixing the labels or the supplier’s registered number;

(ii) reference number of the seed lot;

(iii) species (in the case of x Festulolium the names of the species within the genus Festuca and Lolium shall be indicated);

(iv) variety;

(v) the words “Breeder’s Seed”;

(vi) declared net or gross weight; and

(vii) the words “NOT CERTIFIED”; and

(b) be coloured buff.

Official label for a package of Pre-basic Seed

4.  The official label for a package of Pre-basic Seed shall–

(a) contain the following information–

(i) certifying authority and EEA State or their commonly used initials;

(ii) month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows–

(aa) by the word “Sealed” followed by the month and year of sealing; or

(bb) by the word “Sampled” followed by the month and year of official sampling;

(iii) reference number of the seed lot;

(iv) species (in the case of x Festulolium the names of the species within the genus Festuca and Lolium shall be indicated);

(v) variety;

(vi) the words “Pre-basic Seed”;

(vii) country of production;

(viii) declared net or gross weight;

(ix) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of seed and the total weight; and

(x) number of generations preceding seed of the categories Certified Seed or Certified Seed of the First Generation;

(b) be a minimum size of 110 millimetres by 67 millimetres; and

(c) be coloured white with a diagonal violet line.

Official label for a package of Basic Seed or Seed of a Certified Generation

5.  The official label for a package of Basic Seed or Seed of a Certified Generation shall–

(a) subject to sub-paragraph (b), contain the following information–

(i) the words “EC rules and standards”;

(ii) certifying authority and EEA State or their commonly used initials;

(iii) month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows–

(aa) by the word “Sealed” followed by the month and year of sealing; or

(bb) by the word “Sampled” followed by the month and year of official sampling;

(iv) reference number of the seed lot;

(v) species (in the case of x Festulolium the names of the species within the genus Festuca and Lolium shall be indicated);

(vi) variety;

(vii) category;

(viii) country of production;

(ix) declared net or gross weight;

(x) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seed and the total weight;

(xi) for Certified Seed of the Second Generation and subsequent generations from Basic Seed: number of generations from Basic Seed;

(xii) for seeds of grass varieties, in respect of which no official examination of their value for cultivation and use has been carried out the words “Not intended for fodder production”; and

(xiii) where at least germination has been retested, the word “Retested” followed by the month and year of retesting and the service responsible for such retesting;

(b) not contain the information referred to in sub-paragraph (a)(xiii) if that information is given on an official sticker attached to the official label;

(c) be a minimum size of 110 millimetres by 67 millimetres; and

(d) be coloured–

(i) white for Basic Seed;

(ii) blue for Certified Seed and Certified Seed of the First Generation; and

(iii) red for Certified Seed of the Second Generation.

Official label for a package of Commercial Seed

6.  The official label for a package of Commercial Seed shall–

(a) subject to sub-paragraph (b), contain the following information–

(i) the words “EC rules and standards”;

(ii) certification authority and EEA State or their commonly used initials;

(iii) month and year of sealing expressed by the word “Sealed” followed by the month and year of sealing;

(iv) reference number of the seed lot;

(v) species;

(vi) the words “Commercial Seed (not certified as to variety)”;

(vii) country of production and the region of production within that country;

(viii) declared net or gross weight;

(ix) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seed and the total weight; and

(x) where at least germination has been retested, the word “Retested” followed by the month and year of retesting and the service responsible for such retesting;

(b) not contain the information referred to in sub-paragraph (a)(x) if that information is given on an official sticker attached to the official label;

(c) be a minimum size of 110 millimetres by 67 millimetres; and

(d) be coloured brown.

Official label for a package of a mixture of seeds to which regulation 8 applies

7.  The official label for a package of a mixture of seeds shall–

(a) subject to sub-paragraph (b), contain the following information–

(i) the words “Mixture of seeds for ... ... ... ...” (intended use);

(ii) certification authority and EEA State or their commonly used initials;

(iii) reference number of the seed lot ;

(iv) month and year of sealing expressed by the word “Sealed” followed by the month and year of sealing;

(v) species, variety, category, country of production and percentage by weight of each of the constituents which in the case of the species and of the variety, shall be indicated at least in Roman characters;

(vi) where the kinds of constituents are given and this includes x Festulolium the names of the species within the genus Festuca and Lolium;

(vii) declared net or gross weight or declared number of pure seeds;

(viii) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seed and the total weight; and

(ix) where at least germination has been retested, the word “Retested” followed by the month and year of retesting and the service responsible for such retesting;

(b) not contain the information referred to in sub-paragraph (a)(ix) if that information is given on an official sticker attached to the official label;

(c) be a minimum size of 110 millimetres by 67 millimetres; and

(d) be coloured green.

Further particulars to be given in respect of a mixture of seeds – other than a mixture in a small package of seeds not intended for use for agricultural purposes where said mixtures contain Festulolium

8.  For each constituent the official label for a package of a mixture of seeds shall also contain the following information–

(a) species indicated at least in Roman characters;

(b) category;

(c) variety (except for Commercial Seed); and

(d) proportion by weight of the mixtures.

PART III LABELS FOR SMALL EC A OR SMALL EC B PACKAGES

Label for a small EC B package of Basic Seed, Seed of a Certified Generation or Commercial Seed

9.  The label for a small EC B package of Basic Seed, Seed of a Certified Generation or Commercial Seed shall–

(a) contain the following information–

(i) the words “small EC ‘B’ package”;

(ii) name and address of the person responsible for affixing the label;

(iii) reference number of the seed lot;

(iv) species indicated at least in Roman characters (in the case of x Festulolium the names of the species within the genus Festuca and Lolium shall be indicated);

(v) variety (or, in the case of Commercial Seed the words “Commercial Seed not certified as to variety”);

(vi) category; and

(vii) declared net weight, except in the case of packages not exceeding 15 grams net weight; and

(b) be coloured–

(i) white for Basic Seed;

(ii) blue for Certified Seed and Certified Seed of the First Generation;

(iii) red for Certified Seed of the Second Generation; and

(iv) brown for Commercial Seed.

Label for a small EC A or small EC B package of Mixtures

10.  The label for a small EC A or small EC B package of Pre-basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed shall contain the following information–

(a) the words “Small EC ‘A’ package” or “small EC ‘B’ package”;

(b) the words “Mixture of seeds for ... ... ... ...” (intended use);

(c) net weight or gross weight or number of pure seeds;

(d) where weight is indicated and granulated pesticides, pelleting substances, or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seed and the total weight;

(e) percentage by weight of the various constituents shown by species and, where appropriate, by variety both indicated at least in Roman characters or such part of this information as a Member State may have prescribed for small packages produced in its territory if a reference to the kind of mixture including the proportion by weight can be communicated to the purchaser on request and has been officially recorded;

(f) for lupins, it should be specified whether they are bitter or sweet lupins;

(g) name and address of the supplier responsible for marking or his identification mark;

(h) for a small EC A package–

(i) the reference number enabling the used seed lots to be identified; and

(ii) the Member State or its initials; and

(i) for a small EC B package–

(i) the officially assigned serial number;

(ii) the service which assigned the serial number and the name of the Member State or their initials; and

(iii) the reference number if the official serial number does not enable the used seed lots to be identified.

PART IV PARTICULARS TO BE MARKED OR DISPLAYED ON THE SALE OF UNPACKETED SEED

Particulars to be marked or displayed on the sale of unpacketed seed

11.  The following particulars shall be marked on, or displayed near, the container referred to in regulation 18–

(a) the words “complies with legal standards”;

(b) species (in the case of x Festulolium the names of the species within the genus Festuca and Lolium shall be indicated); and

(c) except in the case of Commercial Seed, variety.

PART V INFORMATION IN RESPECT OF SEED IMPORTED FROM COUNTRIES WHICH ARE NOT EEA STATES IN PACKAGES EXCEEDING 2 KILOGRAMS NET WEIGHT

Information to be supplied in respect of seed imported from a country which is not an EEA State in a package exceeding 2 kilograms net weight

12.  The information to be supplied to the Scottish Ministers in accordance with regulation 6(5) in respect of seed imported from a country which is not an EEA State in a package exceeding 2 kilograms of seed is as follows–

(a) species;

(b) variety;

(c) category;

(d) country of production and official inspection authority;

(e) country of despatch;

(f) importer; and

(g) quantity of seed.

PART VI PRINTING OF SPECIFIED MATTERS ON PACKAGES (WHOLE BAG LABELLING)

Packages sealed in Scotland – printers' returns

13.  Arrangements shall be made with the printers for returns to be made to the Scottish Ministers of the number of packages printed or stamped pursuant to regulations 17(10) and 21(5) and of the individual serial numbers of such packages.

Packages sealed in Scotland – individual serial numbers

14.  Each package shall have printed or stamped on it, or be perforated with, an individual serial number allocated by the Scottish Ministers, which shall appear in the same panel as the particulars of the matters specified in Part II of this Schedule.

Packages sealed in Scotland – printing or stamping

15.  The printing or stamping of the packages shall be by, and in accordance with the instructions of, the Scottish Ministers or by a licensed seed sampler.

Packages sealed in Scotland – particulars to be included in the printing or stamp

16.  The reference number of the seed lot and the month and year in which the package was officially sealed shall be printed or stamped by the Scottish Ministers or a licensed seed sampler at the time of sampling for official examination.

Seed packages sealed in the United Kingdom but not in Scotland, or in an EEA State other than the United Kingdom

17.—(a) Such requirements of the EEA State (if the seed was sealed in that EEA State) or the Department of Agriculture and Rural Development (if the seed was sealed in Northern Ireland), the National Assembly for Wales (if the seed was sealed in Wales) or the Secretary of State (if the seed was sealed in England) as correspond to the requirements specified in paragraphs 13 to 16 of this Part of this Schedule for seed which has been sealed in Scotland shall be satisfied; and

(b) the Scottish Ministers shall be satisfied that the requirements specified in sub paragraph (a) have been met.