http://www.legislation.gov.uk/ssi/2000/246The Beet Seeds (Amendment) (Scotland) Regulations 2000texttext/xmlenStatute Law Database2020-02-22SEEDS2000-08-01 These Regulations, amend the Beet Seeds Regulations 1993, S.I. 1993/2006 (“the principal Regulations"), as amended by S.I. 1997/616 and 1999/1861. The Beet Seeds (Amendment) (Scotland) Regulations 2000RegulationsThe Beet Seed (Scotland) (No. 2) Regulations 2010Sch. 8reg. 1(2)The Beet Seeds (Amendment) (Scotland) Regulations 2000RegulationsThe Beet Seed (Scotland) Regulations 2010Sch. 8reg. 1(1) 2000 No. 246 Made24th July 2000 Laid before the Scottish Parliament27th July 2000 Coming into force1st August 2000 The Scottish Ministers, in exercise of the powers conferred on them by sections 16(1), (1A), (2), (3) and 36 of the Plant Varieties and Seeds Act 1964 and of all other powers enabling them in that behalf, after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to them to be concerned, hereby make the following Regulations:11These Regulations may be cited as the Beet Seeds (Amendment) (Scotland) Regulations 2000 and shall come into force on 1st August 2000.2These Regulations extend to Scotland only.2In these Regulations “the principal Regulations" means the Beet Seeds Regulations 1993 .31The principal Regulations shall be amended in accordance with the provisions of this and the following regulations.2For any reference in the principal regulations to “the Minister", other than that mentioned in regulation 4 of these Regulations, there is substituted reference to “ the Ministers ”.41In regulation 3(1) (interpretation)–athe following definitions shall be inserted in the appropriate places:–“genetically modified" has the same meaning as for the purposes of Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms;;“the Ministers" means the Scottish Ministers;;“third country" means a country listed in the Annex to Council Decision 95/514/EC ;;bthe definition of “marketing" and “the Minister" shall be omitted; andcfor the definition of “official examination" there shall be substituted– “ official examination ” means–ain relation to Certified Seed produced in the United Kingdom–ian examination or test carried out by or on behalf of the Ministers, the Minister of Agriculture, Fisheries and Food, the National Assembly for Wales or the Department of Agriculture and Rural Development;iian examination carried out under official supervision; oriiia test carried out by an establishment licensed as a seed testing station under official supervision;bin relation to uncertified Pre-basic Seed, Pre-basic Seed and Basic Seed, produced in the United Kingdom–ian examination or a test carried out by or on behalf of the Ministers, the Minister of Agriculture, Fisheries and Food, the National Assembly for Wales or the Department of Agriculture and Rural Development; oriia test carried out by an establishment licensed as a seed testing station under official supervision;cin relation to any description of seed produced elsewhere than in the United Kingdom, an examination or a test approved by the Ministers;; andthe definition of “small package" shall be omitted.2After paragraph (3) of regulation 3 there shall be inserted:–3AFor the purposes of these Regulations, seeds–aproduced and packaged in a Member State other than the United Kingdom or a third country;baccompanied by a document issued by a competent authority concerned with the certification of beet seeds in that Member State or third country containing information specified at paragraph C(b) of Part I of Schedule 6; andcin respect of which an application has been made for a breeder’s confirmation under these Regulations,shall be deemed to be seeds produced from seeds issued with such a breeder’s confirmation.3BFor the purposes of these Regulations, seeds–aproduced and packaged in a Member State other than the United Kingdom or a third country;baccompanied by a document issued by a competent authority concerned with the certification of beet seeds in that Member State or third country containing information specified (in respect of packages of seed not finally certified) at paragraph C(b) of Part I of Schedule 6; andcin respect of which an application has been made for an official certificate under these Regulations,shall be deemed to be seeds produced from seeds issued with a breeder’s confirmation or an official certificate.3CFor the purposes of these Regulations, seeds–aproduced and packaged in a Member State other than the United Kingdom or a third country;blabelled in accordance with the requirements of regulation 9; andcin the case of a small EC package of seeds, sealed in accordance with the requirements of regulation 8(3), or, in the case of seeds other than a small EC package of seeds, sealed by a competent authority concerned with the certification of beet seeds in that Member State or third country,shall be deemed to fall within the meaning of the appropriate category of seeds set out in paragraph (3) above..3After paragraph (4) of regulation 3 there shall be inserted–5In these Regulations “marketing" means–aselling, holding with a view to sale and offering for sale; andbany disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,whether or not for consideration; and “market" and “marketed" shall be construed accordingly.6Trade in seed, not aimed at commercial exploitation of the variety, such as the following operations, shall not be treated as marketing of seed of that variety–athe supply of seed to official testing and inspection bodies; orbthe supply of seed to any person for the purpose of processing or packaging the seed provided he does not acquire title to the seed supplied.5In regulation 4 (seeds to which the Regulations apply)–ain paragraph (1), for–“Subject to paragraphs (2) and (3) below" there shall be substituted “Subject to paragraph 2 below".bParagraph (2) (b), (c) and (d) and paragraph (3) shall be omitted.6In regulation 5 (marketing of seeds)–aafter paragraph (1) there shall be inserted the following paragraph–1AParagraph (1) above shall not prevent the marketing of seed as grown, marketed for processing provided that the identity of the seed is ensured.;bin paragraph (1)(b) for the words “regulation 9(1)" there shall be inserted “regulation 9(1),(1B),";cafter paragraph (1)(c) there shall be inserted–din respect of genetically modified seeds, clearly indicated in the sales catalogue of the person marketing the seeds and in any other marketing information or marketing representation provided by that person, as having been genetically modified.;dafter paragraph (2) there shall be inserted–2AWhere there is an arrangement under which–aseed, other than seed which contains any genetically modified material, under the control of one person (“the first person") is used by another person (“the second person") for the purpose of–iincreasing the first person’s stock of the seed for sowing; oriicarrying out tests or trials on the seed; andbeverything produced from the seed, whether directly or indirectly, and any unused seed, become or remain the property of the first person,the prohibitions in paragraph (1) above shall not apply to the marketing of the seed by the first person to the second person as part of that arrangement or to the marketing by the second person to the first person of any seed produced (whether directly or indirectly) from that seed.2BThe prohibitions in paragraph (1) above shall not apply to the marketing by producers of small quantities of seed, other than seed which contains any genetically modified material, for scientific purposes or selection work.2CIf the conditions specified in paragraph (2D) below are satisfied, the prohibitions in paragraph (1) above shall not apply to–athe marketing, as part of any arrangement referred to in paragraph (2A) above by the first person referred to in that paragraph to the second person referred to in that paragraph, of seed which contains any genetically modified material;bthe marketing, as part of any arrangement referred to in paragraph (2A) above by the second person referred to in that paragraph to the first person referred to in that paragraph, of seed produced (whether directly or indirectly) from the seed marketed to him as part of any such arrangement which contains any genetically modified material; orcthe marketing by producers, for scientific purposes or selection work, of small quantities of seed which contains any genetically modified material.2DThe conditions referred to in paragraph (2C) above are–athe deliberate release of the genetically modified material has been authorised under a Part B consent, or the genetically modified material has been accepted for marketing in accordance with a Part C consent, issued for the purposes of Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms;bthe seeds are accompanied during marketing by a copy of the consent;call appropriate measures, in accordance with an environmental risk assessment in respect of the material carried out in accordance with article 7(4) of Council Directive 70/457/EEC , have been taken by the producer of the seed to avoid adverse effects on human health and the environment; anddin the case of genetically modified material issued with a Part C consent, an authorisation has been granted by the Ministers in accordance with paragraph (2E) below to the person marketing the seed.2EAn authorisation may be granted by the Ministers for the purpose of paragraph (2D)(d) above if–athe person intending to market the seed has applied to the Ministers before the seed is marketed–igiving the Ministers notice of his intention to market the seed and a description of the proposed marketing in respect of which the authorisation is sought; andiigiving the Ministers such information relating to the acceptance for marketing of the variety of the seed concerned under Council Directive 90/220/EEC, and the proposed marketing in respect of which the authorisation is sought as the Ministers may require for the purposes of determining whether or not to grant the authorisation; andbthe Ministers are satisfied that an authorisation should be granted.;eafter paragraph (8) there shall be inserted–8ABeet seeds produced and packaged in a Member State other than the United Kingdom which have not yet been officially certified shall not be marketed unless they are–asealed and labelled as required by regulations 8 and 9; andbaccompanied by an official document, containing all the information in respect of the seeds specified at paragraph C (b) of Part I of Schedule 6.8BA person who imports a package containing a net weight of more than 2 kilograms of beet seeds produced other than in a Member State shall make available to the Ministers in such manner and at such time as the Ministers may require the information in respect of the seeds specified in Part IV of Schedule 6.; andfIn regulation 5(11) (marketing of seeds) the words “may be imported but" shall be omitted.7In regulation 8 in paragraphs (1) and (3) the words “a small package" shall be omitted.8In regulation 9 (labelling of packages) after paragraph (1A) there shall be inserted–a1BIf a variety has been genetically modified, any label or document, whether official or otherwise, affixed to or accompanying a seed lot or any part of a seed lot in accordance with the provisions of this regulation, shall clearly indicate that the variety has been genetically modified.;bin paragraphs (2) and (4) for the words “a package other than a small package of Basic Seed" where they occur in those paragraphs, there shall be substituted “a package of Basic Seed";cparagraph 6 shall be omitted; anddin paragraph (10)(b) for the words “Part IV" there shall be substituted “Part V".9In Schedule 6 (labelling requirements)–aparagraph A of Part III shall be omitted;b“Part IV" (Particulars to be marked or displayed on the sale of unpacketed seeds) shall be renumbered “Part V"; andcafter Part III there shall be inserted–PART IV