The Oil and Fibre Plant Seed (Scotland) Regulations 2004

1Citation, commencement and extent

2Interpretation

3Definitions of seed categories

4Definition of marketing

5Seed to which the Regulations apply

PART IIMARKETING

6Marketing of seed

6AImportation from a country granted equivalence

8Exception for scientific purposes or selection work

8AException for test and trial seed

8BException for conservation varieties

9Varietal associations

10General exemptions

11Marketing of officially certified lower germination seed

12Marketing of early movement seed

13Requirement for homogeneity

13ACertification and labelling for export

PART IIIPROCEDURES FOR ISSUING OFFICIAL CERTIFICATES

14Applications for official certificates

PART IVPACKAGING AND LABELLING REQUIREMENTS FOR FULLY CERTIFIED SEED

16Sealing of packages of fully certified seed

17Labelling of packages of fully certified seed

18Marketing of unpacketed seed

PART VPROCEDURES FOR ISSUING BREEDER'S CONFIRMATIONS

19Breeder’s confirmations

PART VIPACKAGING AND LABELLING REQUIREMENTS RELATING TO BREEDER'S CONFIRMATION

20Sealing of packages of seed in relation to breeder’s confirmation

21Labelling of packages of seed in relation to breeder’s confirmation

PART VIIMISCELLANEOUS

22Comparative tests and trials

23Civil liabilities of sellers of seed

24Service of notices

25Written and electronic communication

25ACertification in a Crown Dependency or a country granted equivalence

25BTransitional provision for official labels on IP completion day

26Amendment to the Seeds (Fees) (Scotland) Regulations 2002

27Revocations and transitional provisions

SCHEDULE 1SPECIES OF SEED TO WHICH THE REGULATIONS APPLY

SCHEDULE 2OFFICIAL CERTIFICATES AND BREEDER'S CONFIRMATIONS

PART IOFFICIAL CERTIFICATES

1Applications for seed harvested in the United Kingdom

2When applications will be refused

3When applications may be refused

4Applications for seed harvested outside the United Kingdom

PART IIBREEDER'S CONFIRMATIONS

2When applications will be refused

3When applications may be refused

SCHEDULE 3PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE OR A BREEDER'S CONFIRMATION

1Particulars to be specified in an official certificate

2Particulars to be specified in a breeder’s confirmation

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

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

1Methods of crop testing

2Varietal identity and varietal purity

3Crop inspection

4Pests in the crop

5Previous cropping

6Isolation distances – general

7Isolation distances – minimum distance

8Standards for varietal purity

9Crop conditions for Pre basic Seed

PART IICONDITIONS RELATING TO BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION, CERTIFIED SEED OF THE SECOND GENERATION, CERTIFIED SEED OF THE THIRD GENERATION AND COMMERCIAL SEED

10Standards for varietal purity

11Standards for varietal purity for hybrid varieties of swede rape

12Parental ratio in production of Certified Seed of hybrids of sunflower

13Further standards and conditions of varietal purity

14Further provisions relating to varietal purity

15Pests in the seed

PART IIIOFFICIAL EXAMINATIONS USED TO ASCERTAIN WHETHER A CROP OR SEED LOT MEETS THE CONDITIONS RELATING TO BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION, CERTIFIED SEED OF THE SECOND GENERATION, CERTIFIED SEED OF THE THIRD GENERATION AND COMMERCIAL SEED

16Methods for official examinations

SCHEDULE 4ASTANDARDS FOR CERTIFICATION OF CONSERVATION VARIETIES

PART IOFFICIAL CERTIFICATES

1Applications for seed harvested in the United Kingdom

2When applications will be refused

3When applications may be refused

PART IIPARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE

PART IIICONDITIONS RELATING TO CROPS FROM WHICH SEED IS OBTAINED

1Varietal identity and varietal purity

2Harmful organisms in the crop

PART IVCONDITIONS RELATING TO SEED OF A CONSERVATION VARIETY

1Standards of germination, analytical purity and content of seed of other plant species

2Harmful organisms in the seed

3Varietal purity

PART VEXAMINATIONS

PART ISAMPLING OF SEED LOTS

2Obtaining a submitted sample

3Primary sample size

4Condition of the seed lot

5Seed lot containers

6Sampling from sacks – minimum number of containers to be sampled

7Sampling from sacks or similar containers

8Sampling from small containers – general

9Sampling from small containers – moisture proof containers

10Sampling from small containers – primary samples

11Sampling from large containers

12Sampling from a seed stream

13Sampling instruments – general

14Sampling instruments – instruments and methods

15Sampling instruments – power to allow other instruments and methods

16Sampling instruments – instruments for drawing primary samples

17Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – general

18Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – specific

19Obtaining a submitted sample – composite sample division instruments

20Method of use of riffle divider

21Methods of use of a centrifugal divider

PART IIMAXIMUM WEIGHT OF A SEED LOT AND MINIMUM WEIGHT OF A SUBMITTED SAMPLE

22Maximum weight of a seed lot

23Margin by which seed lots can exceed maximum weight

24Minimum weight of a sample

1Method of referring to species of seed

2Method of referring to varieties of seed

3Label for a package of Breeder’s Seed

4Official label for a package of Pre-basic Seed

5Official label for a package of Basic Seed or Seed of a Certified Generation

6Official label for a package of Commercial Seed

6AOfficial label for a package of test and trial seed

6BOfficial label for a package of seed of a Conservation Variety

7Official label for a package of a varietal association of seed

PART IIISMALL PACKAGES

8Label for a small package of Pre basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed

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

9Particulars to be marked or displayed on the sale of unpacketed seed

PART VINFORMATION IN RESPECT OF SEED IMPORTED FROM COUNTRIES OUTSIDE THE UNITED KINGDOM IN PACKAGES EXCEEDING 2 KILOGRAMS NET WEIGHT

10Information to be supplied in respect of seed imported from a country outside the United Kingdom in a package exceeding 2 kilograms net weight

PART VIPRINTING OF SPECIFIED MATTERS ON PACKAGES (WHOLE BAG LABELLING)

11Packages sealed in Scotland – printers' returns

12Packages sealed in Scotland – individual serial numbers

13Packages sealed in Scotland – printing or stamping

14Packages sealed in Scotland – particulars to be included in the printing or stamp

15Packages sealed in Scotland – lower germination seed

16Packages sealed in Scotland – record keeping for lower germination seed

17Seed packages sealed in the United Kingdom but not in Scotland, or outside the United Kingdom

SCHEDULE 7LIMITS OF VARIATION

ANALYTICAL PURITY

CONTENT OF SEEDS OF OTHER SPECIES

NUMBER OF SEEDS OF OTHER SPECIES

SCHEDULE 8REVOCATIONS

2004 No. 317

SEEDS

The Oil and Fibre Plant Seed (Scotland) Regulations 2004

Made1st July 2004

Laid before the Scottish Parliament2nd July 2004

Coming into force26th September 2004

The Scottish Ministers, in exercise of the powers conferred by sections 16(1), (1A), (2), (3), (4) and (5) and 36 of the Plant Varieties and Seeds Act 19641 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: