The Oil and Fibre Plant Seed (Scotland) Regulations 2004
PART I
GENERAL
1
Citation, commencement and extent
2
Interpretation
3
Definitions of seed categories
4
Definition of marketing
5
Seed to which the Regulations apply
PART II
MARKETING
6
Marketing of seed
6A
Importation from a country granted equivalence
7
Mixtures
8
Exception for scientific purposes or selection work
8A
Exception for test and trial seed
8B
Exception for conservation varieties
9
Varietal associations
10
General exemptions
11
Marketing of officially certified lower germination seed
12
Marketing of early movement seed
13
Requirement for homogeneity
13A
Certification and labelling for export
PART III
PROCEDURES FOR ISSUING OFFICIAL CERTIFICATES
14
Applications for official certificates
15
Sampling
PART IV
PACKAGING AND LABELLING REQUIREMENTS FOR FULLY CERTIFIED SEED
16
Sealing of packages of fully certified seed
17
Labelling of packages of fully certified seed
18
Marketing of unpacketed seed
PART V
PROCEDURES FOR ISSUING BREEDER'S CONFIRMATIONS
19
Breeder’s confirmations
PART VI
PACKAGING AND LABELLING REQUIREMENTS RELATING TO BREEDER'S CONFIRMATION
20
Sealing of packages of seed in relation to breeder’s confirmation
21
Labelling of packages of seed in relation to breeder’s confirmation
PART VII
MISCELLANEOUS
22
Comparative tests and trials
23
Civil liabilities of sellers of seed
24
Service of notices
25
Written and electronic communication
25A
Certification in a Crown Dependency or a country granted equivalence
25B
Transitional provision for official labels on IP completion day
26
Amendment to the Seeds (Fees) (Scotland) Regulations 2002
27
Revocations and transitional provisions
SCHEDULE 1
SPECIES OF SEED TO WHICH THE REGULATIONS APPLY
SCHEDULE 2
OFFICIAL CERTIFICATES AND BREEDER'S CONFIRMATIONS
PART I
OFFICIAL CERTIFICATES
1
Applications for seed harvested in the United Kingdom
2
When applications will be refused
3
When applications may be refused
4
Applications for seed harvested outside the United Kingdom
PART II
BREEDER'S CONFIRMATIONS
1
Applications
2
When applications will be refused
3
When applications may be refused
SCHEDULE 3
PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE OR A BREEDER'S CONFIRMATION
1
Particulars to be specified in an official certificate
2
Particulars to be specified in a breeder’s confirmation
SCHEDULE 4
REQUIREMENTS 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 I
CONDITIONS RELATING TO CROPS FROM WHICH SEED OTHER THAN COMMERCIAL SEED IS OBTAINED
1
Methods of crop testing
2
Varietal identity and varietal purity
3
Crop inspection
4
Pests in the crop
5
Previous cropping
6
Isolation distances – general
7
Isolation distances – minimum distance
8
Standards for varietal purity
9
Crop conditions for Pre basic Seed
PART II
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
10
Standards for varietal purity
11
Standards for varietal purity for hybrid varieties of swede rape
12
Parental ratio in production of Certified Seed of hybrids of sunflower
13
Further standards and conditions of varietal purity
14
Further provisions relating to varietal purity
15
Pests in the seed
PART III
OFFICIAL 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
16
Methods for official examinations
SCHEDULE 4A
STANDARDS FOR CERTIFICATION OF CONSERVATION VARIETIES
PART I
OFFICIAL CERTIFICATES
1
Applications for seed harvested in the United Kingdom
2
When applications will be refused
3
When applications may be refused
PART II
PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE
PART III
CONDITIONS RELATING TO CROPS FROM WHICH SEED IS OBTAINED
1
Varietal identity and varietal purity
2
Harmful organisms in the crop
PART IV
CONDITIONS RELATING TO SEED OF A CONSERVATION VARIETY
1
Standards of germination, analytical purity and content of seed of other plant species
2
Harmful organisms in the seed
3
Varietal purity
PART V
EXAMINATIONS
SCHEDULE 5
PART I
SAMPLING OF SEED LOTS
1
Definitions
2
Obtaining a submitted sample
3
Primary sample size
4
Condition of the seed lot
5
Seed lot containers
6
Sampling from sacks – minimum number of containers to be sampled
7
Sampling from sacks or similar containers
8
Sampling from small containers – general
9
Sampling from small containers – moisture proof containers
10
Sampling from small containers – primary samples
11
Sampling from large containers
12
Sampling from a seed stream
13
Sampling instruments – general
14
Sampling instruments – instruments and methods
15
Sampling instruments – power to allow other instruments and methods
16
Sampling instruments – instruments for drawing primary samples
17
Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – general
18
Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – specific
19
Obtaining a submitted sample – composite sample division instruments
20
Method of use of riffle divider
21
Methods of use of a centrifugal divider
PART II
MAXIMUM WEIGHT OF A SEED LOT AND MINIMUM WEIGHT OF A SUBMITTED SAMPLE
22
Maximum weight of a seed lot
23
Margin by which seed lots can exceed maximum weight
24
Minimum weight of a sample
SCHEDULE 6
PART I
GENERAL
1
Method of referring to species of seed
2
Method of referring to varieties of seed
PART II
LABELS
3
Label for a package of Breeder’s Seed
4
Official label for a package of Pre-basic Seed
5
Official label for a package of Basic Seed or Seed of a Certified Generation
6
Official label for a package of Commercial Seed
6A
Official label for a package of test and trial seed
6B
Official label for a package of seed of a Conservation Variety
7
Official label for a package of a varietal association of seed
PART III
SMALL PACKAGES
8
Label for a small package of Pre basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed
PART IV
PARTICULARS TO BE MARKED OR DISPLAYED ON THE SALE OF UNPACKETED SEED
9
Particulars to be marked or displayed on the sale of unpacketed seed
PART V
INFORMATION IN RESPECT OF SEED IMPORTED FROM COUNTRIES OUTSIDE THE UNITED KINGDOM IN PACKAGES EXCEEDING 2 KILOGRAMS NET WEIGHT
10
Information to be supplied in respect of seed imported from a country outside the United Kingdom in a package exceeding 2 kilograms net weight
PART VI
PRINTING OF SPECIFIED MATTERS ON PACKAGES (WHOLE BAG LABELLING)
11
Packages sealed in Scotland – printers' returns
12
Packages sealed in Scotland – individual serial numbers
13
Packages sealed in Scotland – printing or stamping
14
Packages sealed in Scotland – particulars to be included in the printing or stamp
15
Packages sealed in Scotland – lower germination seed
16
Packages sealed in Scotland – record keeping for lower germination seed
17
Seed packages sealed in the United Kingdom but not in Scotland, or outside the United Kingdom
SCHEDULE 7
LIMITS OF VARIATION
GERMINATION
ANALYTICAL PURITY
CONTENT OF SEEDS OF OTHER SPECIES
NUMBER OF SEEDS OF OTHER SPECIES
SCHEDULE 8
REVOCATIONS
2004 No. 317

SEEDS

The Oil and Fibre Plant Seed (Scotland) Regulations 2004
Made
1st July 2004
Laid before the Scottish Parliament
2nd July 2004
Coming into force
26th 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 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:
1964 c. 14; section 16 was amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 5(1) and (2). See section 38(1) for the definition of “the Minister”. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).