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The Fodder Plant Seed (Wales) Regulations 2005

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Regulations 2(1), 8(8)(a) and (b), (9) to (12), (13)(b), (15)(c) and (18)(a), 10(3)(a) and (b), (4)(a), (b) and (c), 11(6),(7), (8)(a), (9) to (13) and (15)(a) and (b), 13(3)(a) and (b), (4), (5)(d), (e) and (f), 14(1)(b) and (c), 16(2)(a) and (3), 17(2) paragraphs 2(3)(a), 5(3)(a), 9(3)(a), 13(3)(a), 15(3)(a), 19(3)(a), 23(3)(a), 27(3)(a), 31(3)(a), 35(3)(a), 39(3)(a), 43(3)(a), 47(3)(a) and (b), 49(3), 52(4)(a) and (b), (5)(a) and (b) and (7)(a) and (b) of Schedule 1 and paragraph 11(1) and (2) of Schedule 3

SCHEDULE 4CONDITIONS TO BE SATISFIED BY THE SEED

PART IConditions to be examined mainly by field inspections

1.  The seed shall have sufficient varietal identity and varietal purity.

2.  In the case of seed of the species and type specified in column 1 of the table below, the minimum varietal purity shall conform to the standards specified in the corresponding entry in column 2 of the table—

Species and categoryMinimum varietalpurity standard (percentage by number)
Column (1)Column (2)

(a)Fodder kale, apomictic uniclonal varieties of smooth-stalked meadowgrass and swede —

(i)basic seed

99.7

(ii)CS seed

98.0

(b)Field beans and field peas —

(i)basic seed

99.7
4 (ii) C1 seed99.0

(iii)C2 seed

98.0

3.  For the purposes of paragraph 2, the minimum varietal purity of seed shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Schedule 3.

PART IIConditions to be examined by seed testing

4.  The seed shall conform to the following standards or other conditions as regards analytical purity —

SpeciesMinimum analytical purity (% by weight) EC minimum standardMinimum analytical purity (% by weight) HVS standard
All categoriesCS only

1.  Fine grasses —

(a)annual meadowgrass

85Not applicable

(b)brown top

90Not applicable

(c)creeping bent grass

90Not applicable

(d)festulolium

9698

(e)red fescue

9095

(f)red top

90Not applicable

(g)rough-stalked meadowgrass

85Not applicable

(h)sheep’s fescue

85Not applicable

(i)smooth-stalked meadowgrass

8590

(j)velvet bent

90Not applicable

(k)wood meadowgrass

85Not applicable

2.  Fodder grasses —

(a)Alaska brome-grass

97Not applicable

(b)cocksfoot

9090

(c)hybrid ryegrass

9698

(d)Italian ryegrass

9698

(e)meadow fescue

9598

(f)perennial ryegrass

9698

(g)rescue grass

97Not applicable

(h)small Timothy

9698

(i)tall fescue

9598

(j)tall oatgrass

90Not applicable

(k)Timothy

9698

3.  Small seeded legumes —

(a)Alsike clover

97Not applicable

(b)birdsfoot trefoil

95Not applicable

(c)lucerne

9798

(d)red clover

9798

(e)sainfoin

9598

(f)trefoil, black medick

97Not applicable

(g)white clover

9798

4.  Large seeded legumes —

(a)blue lupin

98Not applicable

(b)common vetch

98Not applicable

(c)field bean

98Not applicable

(d)field pea

98Not applicable

(e)hairy vetch

98Not applicable

(f)Hungarian vetch

98Not applicable

(g)white lupin

98Not applicable

(h)yellow lupin

98Not applicable

5.  Crucifers —

(a)fodder kale

98Not applicable

(b)fodder radish

97Not applicable

(c)swede

98Not applicable

5.—(1) Subject to paragraphs (2) to (14), the seed shall conform to the following standards or other conditions as regards the maximum content of seeds of other plant species —

SpeciesBasic seedCS, C1 and C2 seed EC minimum standard levelCS seed HVS level
TotalA single speciesTotalA single singleTotalA single species
(percentage by weight(content by number in a sample of the weight specified in column 4 of table in Schedule 7)(percentage by weight)(percentage by weight)(percentage by weight)(percentage by weight)

1.  Fine grasses

(a)Fine grasses other than —

0.3202.01.0Not applicableNot applicable

(i)Festulolium

(ii)Red fescue

(iii)Smooth-stalk meadowgrass

(b)Festulolium

0.3201.51.01.5Not applicable

(c)Red fescue

0.3201.51.01.50.5

(d)Smooth-stalk meadowgrass

0.3202.01.01.50.5

2.  Fodder grasses

(a)Fodder grasses other than —

(i)Alaska brome-grass

0.3201.51.01.50.5

(ii)Rescue grass

(iii)Tall oatgrass

(b)Alaska brome-grass and rescue grass

0.4201.51.0Not applicableNot applicable

(c)Tall oatgrass

0.3203.01.0Not applicableNot applicable

3.  Small seeded legumes

(a)Alsike clover and trefoil black medick

0.3201.51.0Not applicableNot applicable

(b)Birdsfoot trefoil

0.3201.81.0Not applicableNot applicable

(c)Lucerne, red clover and white clover

0.3201.51.01.50.5

(d)Sainfoin

0.3202.51.01.50.5

4.  Large seeded legumes

(a)Large seeded legumes other than vetches

0.3200.50.3Not applicableNot applicable

(b)Vetches

0.3201.00.5Not applicableNot applicable

5.  Crucifers

0.3201.00.5Not applicableNot applicable

(2) Notwithstanding the condition that a sample of basic seed of the weight specified in column 4 of the table in Schedule 7 shall not exceed 20 seeds of a single species, in the case of —

(a)cocksfoot;

(b)festulolium;

(c)hybrid ryegrass;

(d)Italian ryegrass;

(e)meadow fescue;

(f)perennial ryegrass,

(g)red fescue;

(h)sheep’s fescue;

(i)tall fescue; and

(j)tall oatgrass,

a maximum total of 80 seeds of Poa spp. in a sample shall not be regarded as an impurity.

(3) In the case of a sample of HVS level CS seed 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 weight specified in column 4 of the table in Schedule 7.

(4) In the case of basic seed of annual meadowgrass, rough-stalked meadowgrass, smooth-stalked meadowgrass and wood meadowgrass the maximum total content of seeds of Poa spp. other than the species to be examined shall not exceed one in a sample of 500 seeds.

(5) In the case of a sample of CS seed of annual meadowgrass, rough-stalked meadowgrass, smooth-stalked meadowgrass and wood meadowgrass, a maximum total of 0.8% by weight of seeds of other Poa spp. in the sample shall not be regarded as an impurity.

(6) In the case of a sample of HVS level CS seed of smooth-stalked meadowgrass, a maximum of 0.4% by weight of seed of other meadowgrasses shall not be regarded as an impurity.

(7) In the case of a sample of HVS level CS seed of meadow fescue and tall fescue, there shall be no more than —

(a)0.3% by weight of rough stalked meadowgrass, or

(b)0.3% by weight of ryegrass,

in the sample.

(8) In the case of a sample of CS seed of tall oatgrass, the condition that the weight of seed of a single plant species in the sample shall not exceed 1.0% shall not apply to seeds of Poa spp.

(9) In the case of a sample of HVS level CS seed of hybrid ryegrass, Italian ryegrass and perennial ryegrass, there shall be no more than —

(a)0.4% by weight of annual meadowgrass, or

(b)0.3% by weight of rough stalked meadowgrass,

in the sample.

(10) In the case of a sample of CS seed of birdsfoot trefoil, a maximum total of 1% by weight of seeds of red clover in the sample shall not be regarded as an impurity.

(11) In the case of a sample of C1 seed of a lupin, a maximum total of 0.5% by weight of seeds of field bean, field pea, or vetch seed or another species of lupin in the sample shall not be regarded as an impurity.

(12) In the case of a sample of C1 seed of a vetch, a maximum total of 0.5% by weight of seeds of field bean, field pea or lupin seed or another species of vetch seed in the sample shall not be regarded as an impurity.

(13) In the case of a sample of HVS level CS seed of small Timothy and Timothy, there shall be no more than 0.3% by weight of Agrostis spp. in the sample.

(14) In the case of a sample of HVS level CS seed of red fescue, there shall be no more than 0.3% by weight of rough-stalked meadowgrass.

6.  The seed shall conform to the following standards as regards the content of seeds of Rumex spp. (commonly known as docks and sorrels) other than Rumex acetosella (commonly known as sheep’s sorrel) and Rumex maritimus (commonly known as golden dock) —

SpeciesMaximum permitted by number in a sample of the weight prescribed in column 4 of the table in Schedule 7
Basic seed

CS, C1 and C2 seed

EC minimum level

C2 seed

HVS level

1.  Fine grasses

(a)Fine grasses other than —

12Not applicable

(i)annual meadowgrass

(ii)festulolium

(iii)red fescue

(iv)sheep’s fescue

(v)smooth-stalked meadowgrass

(b)annual meadowgrass

15Not applicable

(c)red fescue

255

(d)sheep’s fescue and festulolium

25Not applicable

(e)smooth-stalked meadowgrass

122

2.  Fodder grasses

(a)fodder grasses other than —

255

(i)Alaska brome-grass

(ii)rescue grass

(iii)small Timothy

(iv)tall oatgrass

(v)Timothy

(b)Alaska brome-grass

510Not applicable

(c)rescue grass

510Not applicable

(d)small Timothy

254

(e)tall oatgrass

25Not applicable

(f)Timothy

254

3.  Small seeded legumes —

(a)Alsike clover

310Not applicable

(b)birdsfoot trefoil

310Not applicable

(c)lucerne

31010

(d)red clover

51010

(e)sainfoin

255

(f)trefoil, black medick

510Not applicable

(g)white clover

51010

4.  Large seeded legumes

25Not applicable

5.  Crucifers —

(a)fodder kale

310Not applicable

(b)fodder radish and swede

25Not applicable

7.  The seed shall conform to the following standards as regards the content of seeds of Alopecurus myosuroides (commonly known as blackgrass and called “blackgrass” in the table set out in this paragraph) and Agropyron repens (commonly known as couch and called “couch” in the following table) —

SpeciesBasic seedCS seed EC minimum standard levelCS seed HVS level
Maximum content by number in a sample of the weight specified in column 4 of the table in Schedule 7Maximum percentage by weightMaximum content by number in a sample of the weight specified in column 4 of the table in Schedule 7
CouchBlackgrassCouchBlackgrassCouchBlackgrass

1.  Fine grasses —

(a)Fine grasses other than —

110.30.3Not applicableNot applicable

(i)festulolium

(ii)red fescue

(iii)sheep’s fescue

(iv)smooth-stalk meadowgrass

(b)festulolium

550.50.310Not applicable

(c)red fescue

550.50.31010

(d)sheep’s fescue

550.50.3Not applicableNot applicable

(e)smooth-stalk meadowgrass

110.30.333

2.  Fodder grasses

(a)Fodder grasses other than —

550.50.31010

(i)Alaska brome-grass

(ii)cocksfoot

(iii)rescue grass

(iv)small Timothy

(v)tall oatgrass

(vi)Timothy

(b)Alaska brome-grass, rescue grass and tall oatgrass

550.50.3Not applicableNot applicable

(c)cocksfoot

550.30.31010

(d)small Timothy and Timothy

110.30.31010

3.  Small seeded legumes as follows —

Not applicableNot applicableNot applicableNot applicable1010

(a)lucerne

(b)red clover

(c)sainfoin

(d)white clover

8.—(1) Subject to paragraph (2), for basic seed of small and large seed legumes, a sample of the weight specified in column 4 of the table in Schedule 7 shall be free of seeds of Melilotus spp. (commonly known as sweet clover and hereinafter in this paragraph called “sweet clover”).

(2) In the case of —

(a)Alsike clover;

(b)birdsfoot trefoil;

(c)lucerne;

(d)red clover;

(e)trefoil, black medick; and

(f)white clover,

one seed of sweet clover in a sample of the weight specified in column 4 of the table in Schedule 7 shall not be regarded as an impurity where a second sample of twice that weight is free from any sweet clover seed.

(3) For CS, C1 and C2 seed of small and large seeded legumes, any sweet clover seed in a sample shall not exceed 0.3% by weight.

9.—(1) Subject to paragraph (2), a sample of seed of the weight specified in column 4 of the table in Schedule 7 shall be free of seeds of Avena fatua, Avena ludoviciana and Avena sterilis (commonly known as wild oats and hereinafter in this paragraph called “wild oats”).

(2) In the case of basic and CS seed of —

(a)Alaska brome grass;

(b)rescue grass; and

(c)tall oatgrass;

a maximum of 2 wild oats seeds in a sample of the weight specified in column 4 of the table in Schedule 7 shall not be regarded as an impurity where a second sample of the same weight is free from any wild oats seed.

10.—(1) Subject to paragraphs (2) and (3), a sample of seed of the weight specified in column 4 of the table in Schedule 7 shall be free of seed of Cuscuta spp. (commonly known as dodder and hereinafter called “dodder” in this paragraph).

(2) In the case of minimum level CS seed of fine grasses, fodder grasses, fodder kale and swede, the presence of one seed of dodder in a sample shall not be regarded as an impurity where a second sample of the same weight is free from any dodder seed.

(3) Subject to paragraph (4), in the case of basic and CS seed of —

(a)Alsike clover;

(b)birdsfoot trefoil;

(c)black medick trefoil;

(d)lucerne;

(e)red clover;

(f)white clover,

a sample of seed of the weight specified in column 4 of the table in Schedule 7 shall be free of dodder seed.

(4) In the case of minimum level CS seed and C1 seed of the species specified in paragraph (3), the presence of one seed of dodder in a sample shall not be regarded as an impurity where a second sample of the same weight is free from any dodder seed.

11.  The percentage by number of bitter lupins in a sample of seed of a sweet lupin variety shall not exceed —

(a)1% in the case of basic seed, and

(b)2.5% in the case of C1 seed.

12.—(1) In the case of C1 seed, the percentage by number of seeds of another colour in a sample of seed of a bitter lupin variety shall not exceed 2%.

(2) In the case C1 seed of lupins, other than bitter lupins, the percentage by number of seeds of another colour in a sample shall not exceed 1%.

13.  In the case of crucifers, the percentage by weight of seed of Raphanus raphanistrum (commonly known as wild radish) or Sinapis arvensis (commonly known as charlock) in a sample of seed shall not exceed 0.3%.

14.—(1) Subject to paragraph (2), it shall be determined, by way of a germination test, whether or not the seed will satisfy the applicable germination standard set out in column 2 of the following table (“the germination table”) —

Column 1Column 2Column 3
Species (all categories)Minimum germination (% of pure seed)Maximum hard seed content (% pure seed)

1.  Fine grasses —

(a)annual meadowgrass

75Not applicable

(b)brown top

75Not applicable

(c)creeping bent grass

75Not applicable

(d)festulolium

75Not applicable

(e)red fescue

75Not applicable

(f)red top

80Not applicable

(g)rough-stalked meadowgrass

75Not applicable

(h)sheep’s fescue

75Not applicable

(i)smooth-stalked meadowgrass

75Not applicable

(j)velvet bent

75Not applicable

(k)wood meadowgrass

75Not applicable

2.  Fodder grasses —

(a)Alaska brome-grass

75Not applicable

(b)cocksfoot

80Not applicable

(c)hybrid ryegrass

75Not applicable

(d)Italian ryegrass

75Not applicable

(e)meadow fescue

80Not applicable

(f)perennial ryegrass

80Not applicable

(g)rescue grass

75Not applicable

(h)small Timothy

80Not applicable

(i)tall fescue

80Not applicable

(j)tall oatgrass

75Not applicable

(k)Timothy

80Not applicable

3.  Small seeded legumes —

(a)Alsike clover

8020

(b)birdsfoot trefoil

7540

(c)lucerne

8040

(d)red clover

8020

(e)sainfoin

7520

(f)trefoil, black medick

8020

(g)white clover

8040

4.  Large seeded legumes —

(a)blue lupin

7520

(b)common vetch

8520

(c)field bean

805

(d)field pea

80Not applicable

(e)hairy vetch

8520

(f)Hungarian vetch

8520

(g)white lupin

8020

(h)yellow lupin

8020

5.  Crucifers —

(a)fodder kale

75Not applicable

(b)fodder radish

80Not applicable

(c)swede

80Not applicable

(2) For the purpose of determining whether seed satisfies the applicable germination standard set out in column 2 of the germination table —

(a)any fresh and healthy seed which does not germinate after pre-treatment shall be regarded as seed which has germinated, and

(b)any hard seed present not exceeding the amount shown in column 3 of the table shall be regarded as seed which is capable of germination.

PART IIIOther conditions

15.  Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level that can be achieved.

PART IVGeneral provisions

16.  For the purpose of determining whether seed meets the conditions laid down in this Schedule pre-basic seed shall be treated in the same way as basic seed.

17.—(1) For the purpose of determining whether commercial seed meets the conditions laid down in this Schedule the provisions of this Schedule, other than paragraphs 1 to 3, shall apply, insofar as they may be relevant, to commercial seed of annual meadowgrass and Hungarian vetch in the same way as they apply to CS seed of those respective species and commercial seed of sainfoin in the same way as they apply to minimum level CS seed of that species except that —

(a)the minimum analytical purity of Hungarian vetch shall be 97%, and

(b)subject to paragraphs (2) and (3), the seed shall conform to the following standards as regards the maximum content of seeds of other plant species —

Total content of seed of other plant species

(percentage by weight)

A single species

(percentage by weight)

Annual meadowgrass3.02.0
Hungarian vetch2.01.5
Sainfoin3.52.0

(2) In the case of Hungarian vetch, a maximum total of 6% by weight of other species of vetch seed shall not be regarded as an impurity.

(3) In the case of annual meadowgrass, a maximum total of 10% by weight of other species of meadowgrass shall not be regarded as an impurity.

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