http://www.legislation.gov.uk/ssi/2004/317/regulation/21The Oil and Fibre Plant Seed (Scotland) Regulations 2004Description of goodsSEEDSStatute Law Database2025-06-18Expert Participation2020-12-31 These Regulations, which extend to Scotland only, consolidate, with amendments, the provisions of the Oil and Fibre Plant Seeds Regulations 1993 (S.I. 1993/2007) as relevantly amended by the Oil and Fibre Plant Seeds (Amendment) Regulations 1994 (S.I. 1994/1423), the Oil and Fibre Plant Seeds (Amendment) Regulations 1996 (S.I. 1996/1451), the Seeds (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/616), the Oil and Fibre Plant Seeds (Amendment) Regulations 1999 (S.I. 1999/1862), the Oil and Fibre Plant Seeds (Amendment) (Scotland) Regulations 2000 (S.S.I. 2000/249), the Seeds (National Lists of Varieties) Regulations 2001 (S.I. 2001/3510) and the Oil and Fibre Plant Seeds (Amendment) (Scotland) Regulations 2003 (S.S.I. 2003/304), (“the 1993 Regulations”). PART VIPACKAGING AND LABELLING REQUIREMENTS RELATING TO BREEDER'S CONFIRMATIONLabelling of packages of seed in relation to breeder’s confirmation211No person shall have in their possession any package of seed in respect of which a breeder’s confirmation has been applied for unless it has been, not later than the time of sealing under regulation 20, labelled, inscribed or otherwise dealt with in accordance with this regulation.2In the case of seed of a variety which has been genetically modified, any label, document, printing or stamp, 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.3Packages of seed in respect of which a breeder’s confirmation has been applied for shall have affixed on the outside an official label–acontaining, as appropriate to the category of seed and the seed itself, particulars of the matters specified, and being of at least the size and of the colour also specified, in the relevant paragraph of Part II of Schedule 6; andbwhich shall be–ieither an adhesive label or a label secured to the package by a sealing device approved by the Scottish Ministers;iiaffixed, in either case, by the Scottish Ministers or a licensed seed sampler; andiiioverstamped “not certified”.4If in accordance with paragraphs 5 and 6(c) of Part II of Schedule 2 a breeder’s confirmation has been issued in respect of seed of a lower percentage of germination than that specified for Basic Seed in Part II of Schedule 4–athe official label, or the particulars printed or stamped on the package in accordance with paragraph (5), shall contain a statement that the minimum percentage of germination of the seed is less than the minimum percentage of germination for Basic Seed; andbwhere possession of the package is transferred to another person, the transferor shall–iguarantee a specific minimum percentage of germination of the seed; andiiaffix a label to the outside of the package containing a statement of the specific minimum percentage of germination of the seed guaranteed by the person transferring possession of the seed together with the name and address of the transferor and the reference number of the seed lot.5Notwithstanding paragraphs (2) to (4) and (9), a package of seed need not be labelled if–athe appropriate particulars of the matters specified in the relevant paragraph of Part II of Schedule 6 and paragraphs (2), (4), (8) and (9) are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified and over stamped “not certified”; andbthe requirements of paragraphs 11 to 14 and 16 of Part VI of Schedule 6 are satisfied.6Subject to paragraph (7), a package of seed for which a breeder’s confirmation has been issued shall contain an official inner label which shall be of the same colour as, and in addition to, the official label affixed to the outside of the package in accordance with paragraph (3) and shall contain particulars of the matters specified in the items numbered–iin the case of Pre-basic Seed and lower germination seed to which paragraph 4 of Part II of Schedule 6 is relevant, paragraph 4(a)(iii) to (v) of Part II of Schedule 6; andiiin the case of Basic Seed and lower germination seed to which paragraph 5 of Part II of Schedule 6 is relevant, paragraph 5(a)(iv) to (vi) of Part II of Schedule 6.7The official inner label referred to in paragraph (6) shall not be required if the particulars specified in paragraphs (2), (6) and (8) are printed indelibly on the outside of the package or if the official label is an adhesive or tear resistant label.8If a package of seed has been re sealed in accordance with regulation 20(4) this fact shall be stated on the official label required in terms of paragraph (3), and if an official certificate is issued in respect of the seed, on the official label required in terms of regulation 17(12), together with the month and year of re sealing and the name of the authority responsible for the re sealing.9If any seed has been subjected to any chemical treatment this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either–aon a separate label on the package; orbon the label referred to in paragraph (3) or (4) or the printing or stamp referred to in paragraph (5),and also, except where the information prescribed by this paragraph is given on an adhesive or tear resistant label, either on the outside of the package or as a document enclosed inside the package.10The particulars and information given in accordance with this regulation shall be given in English but may also be given in other languages.11For the purposes of this regulation, references in Schedule 6 to the “certifying authority” shall, in the case of a breeder’s confirmation, be taken to be references to that authority as issuer of the breeder’s confirmation.12Subject to the provisions of the Act and of these Regulations, no person shall wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label affixed to, contained in or marked on any package of seed or which is to be so affixed, contained or marked, except as may occur in the course of opening the package for the purposes of regulation 17(2)(b) or 20(3).Reg. 21 in force at 26.9.2004, see reg. 1(1)Words in reg. 21(10) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 12(19); 2020 c. 1, Sch. 5 para. 1(1)