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The Oil and Fibre Plant Seed (Scotland) Regulations 2004

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InterpretationS

2.—(1) In these Regulations–

“the Act” means the Plant Varieties and Seeds Act 1964;

F1...

“black mustard” means plants of the species specified in column 2 of Schedule 1 in relation to black mustard;

“blended seed lot” means a seed lot obtained by mixing seed where–

(a)

the seed that goes into the seed lot–

(i)

is of the same variety;

(ii)

has come from different sources; and

(iii)

either–

(aa)

is fully certified seed;

(bb)

is not fully certified seed, but is seed which has been harvested from seed crops for which official field inspection reports have been issued showing that the relevant crops met the conditions for the relevant category of seed specified in Part I of Schedule 4 F2...; or

(cc)

is made up of seed which falls within sub paragraph (aa) and seed which falls within sub paragraph (bb); and

(b)

a [F3GB Authority or the NI Authority] has been notified that the seed which goes into the seed lot is intended to be included in a blended seed lot;

“breeder”–

(a)

in relation to a variety which has not been accepted on to a [F4GB Variety List, an NI Variety List or the equivalent list in a country granted equivalence], includes any person lawfully multiplying (on their own account) seed bred by another; and

(b)

in relation to a variety which has been so accepted, means the person who is indicated in the relevant [F5GB Variety List, NI Variety List or equivalent list in a country granted equivalence] as responsible for maintaining the plant variety in accordance with the characteristics to which regard was had when the plant variety was accepted on to the relevant [F5GB Variety List, NI Variety List or equivalent list in a country granted equivalence];

“breeder’s confirmation” means a document issued by the Scottish Ministers in accordance with Part II of Schedule 2 containing in respect of the seed to which it relates the particulars specified in paragraph 2 of Schedule 3;

“brown mustard” means plants of the species specified in column 2 of Schedule 1 in relation to brown mustard;

“bulked seed lot” means a seed lot obtained by mixing seed where–

(a)

the seed that goes into the seed lot is–

(i)

of the same variety;

(ii)

has come from different sources; and

(iii)

has been harvested from seed crops for which official field inspection reports have been issued showing that the relevant crops met the conditions for the relevant category of seed specified in Part I of Schedule 4 F6...; and

(b)

a [F7GB Authority or the NI Authority] has been notified that the seed which goes into the seed lot is intended to be included in a bulked seed lot;

[F8“the 2004 Commission Decision” means Commission Decision 2004/842/EC concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted [F9, as amended by Commission Implementing Decision (EU) 2016/320];]

[F10“Commission Directive 2008/62” means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed of those landraces and varieties;]

[F8“Commission Regulation 217/2006” means Commission Regulation (EC) No. 217/2006 laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination;]

F11...

F11...

“component” means–

(a)

in the case of Pre basic Seed, a component used in the production of a hybrid variety; and

(b)

in the case of Basic Seed, a component of a hybrid variety;

[F10“Conservation Variety” means the landraces or varieties of agricultural plant species which are naturally adapted to local and regional conditions and threatened by genetic erosion and are contained within a [F12GB Variety List or an NI Variety List] and for these purposes–

(a)

“landrace” means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their regions; and

(b)

“genetic erosion” means loss of genetic diversity between and within populations of varieties of the same species over time or reduction of the genetic basis of a species due to human intervention or environmental change;]

[F13“control plot” means a plot sown by a [F14GB Authority or the NI Authority] with a seed from a submitted sample taken–

(a)

by a [F14GB Authority or the NI Authority];

(b)

by a licensed seed sampler; or

(c)

by an applicant of a seed of a Conservation Variety;]

[F15“country granted equivalence” means a country that has been—

(a)

granted equivalence under the Equivalence Decision; or

(b)

assessed by Scottish Ministers as producing the species of seed referred to in regulation 5 under conditions equivalent to those required by these Regulations;]

F16...

“the 2001 Deliberate Release Directive” means Directive 2001/18/EC of the European Parliament and of the Council(1) on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC, as [F17last amended by [F18Regulation (EU) 2019/1381]];

[F19“DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;]

“dioecious hemp” means hemp of dioecious hemp varieties;

“early movement seed” means seed marketed under regulation 12;

F20...

“Equivalence Decision” means Council Decision 2003/17/EC(2) on the equivalence of field inspections carried out in third countries on seed producing crops and on the equivalence of seed produced in third countries, as [F21last amended by Decision (EU) [F222020/1544]](3);

[F23“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;]

F24...

“first buyer by way of trade” has the same meaning as for the purposes of the Oil and Fibre Plant Seed Directive;

“flax” means plants of the species specified in column 2 of Schedule 1 in relation to flax, commonly known as flax;

“the Food and Feed Regulation” means Regulation (EC) No 1829/2003 of the European Parliament and of the Council(4) on genetically modified food and feed [F25, as last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council] [F26, as last amended by Regulation (EU) 2019/1381];

“fully certified” means–

(a)

officially certified; or

(b)

certified by a [F27International] Authority other than the Scottish Ministers,

as satisfying the conditions specified for the relevant category of seed in regulation 3 and [F28schedule 4;]

“genetically modified” has the same meaning as for the purposes of the 2001 Deliberate Release Directive;

[F29“the GMO Regulations” means—

(a)

in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002;

(b)

in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002;

(c)

in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;

(d)

in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003;

“GB Authority” means the Scottish Ministers, the Secretary of State or the National Assembly for Wales;

“GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation;

“GB Variety List” is a list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001;]

“hemp” means plants of the species specified in column 2 of Schedule 1 in relation to hemp;

“homogeneous seed lot” means a seed lot in which the seed has been so mixed or blended that it is as uniform as practicable and, as far as is practicable, the seed lot shows no evidence of heterogeneity;

“inbred line” means a sufficiently uniform and stable line obtained either by artificial self-fertilisation with selection over several successive generations or by equivalent operations;

[F30“International Authority” means a GB Authority, the NI Authority or the competent seed certification authority of a country other than the United Kingdom, and “by an International Authority” means–

(a)

by or on behalf of a GB Authority;

(b)

by or on behalf of the NI Authority; or

(c)

by or on behalf of the competent seed certification authority of a country other than the United Kingdom;]

[F31“licensed crop inspector” means a person who holds a current licence to be a crop inspector—

(a)

granted by the Scottish Ministers or having effect as if it were a licence granted by the Scottish Ministers under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016; or

(b)

[F32granted under provisions equivalent to that regulation by—

(i)

a GB Authority other than the Scottish Ministers; or

(ii)

the NI Authority;]]

F33...

[F34“licensed seed sampler” means a person who holds a current licence to be a seed sampler—

(a)

granted by the Scottish Ministers or having effect as if it were a licence granted by the Scottish Ministers under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016; or

(b)

[F32granted under provisions equivalent to that regulation by—

(i)

a GB Authority other than the Scottish Ministers; or

(ii)

the NI Authority;]]

[F35“licensed seed testing station” means an establishment which holds a current seed testing station licence—

(a)

granted by the Scottish Ministers or having effect as if it were a licence granted by the Scottish Ministers under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016; or

(b)

[F32granted under provisions equivalent to that regulation by—

(i)

a GB Authority other than the Scottish Ministers; or

(ii)

the NI Authority;]]

“linseed” means plants of the species specified in column 2 of Schedule 1 in relation to linseed, commonly known as linseed;

“lower germination seed” means seed marketed under regulation 11;

“monoecious hemp” means hemp of monoecious hemp varieties;

F36...

[F37“NI Authority” means DAERA;

“NI Variety List” means a list of plant varieties prepared and published by DAERA in accordance with legislation having equivalent effect in Northern Ireland to the Seeds (National Lists of Varieties) Regulations 2001;]

[F38“official certificate” means a certificate issued by the Scottish Ministers in accordance with these Regulations and “officially certified” shall be construed accordingly;]

“official examination” means–

(a)

in relation to Seed of a Certified Generation or Commercial Seed–

(i)

an examination or a test carried out by the Scottish Ministers;

(ii)

if the seed has undergone official post control the results of which have been satisfactory, a field examination carried out by a licensed crop inspector; or

(iii)

a test carried out by a licensed seed testing station; and

(b)

in relation to Pre basic Seed and Basic Seed–

(i)

an examination or a test carried out by the Scottish Ministers; or

(ii)

a test carried out by a licensed seed testing station;

“official field inspection” means a field examination of a crop carried out–

(i)

by a [F39a GB Authority or the NI Authority or an International Authority]; or

(ii)

in the case of seed which, if it were fully certified would be Seed of a Certified Generation, or Commercial Seed, and which has been harvested from a crop which has been produced from seed that has undergone official post-control the results of which have been satisfactory, by a field examination of the crop carried out by a licensed crop inspector F40...;

“official label” means a label issued by [F41an International Authority] ;

“official post control” means a control plot has been sown with seed from the relevant seed lot and has produced plants which have been examined by [F42an International Authority]; and “official post control the results of which have been satisfactory” means official post control has been carried out for the relevant seed lot and [F43an International Authority] has found, having regard to–

(a)

the conditions specified in–

(i)

in the case of the Scottish Ministers–

(aa)

paragraphs 4, 8 and 9 of Part I of Schedule 4;

(bb)

paragraphs 10, 11 and [F4415(1)(a)] of Part II of Schedule 4; and

(ii)

[F45in the case of a GB Authority other than the Scottish Ministers, Parts I and II of schedule 4;]

(b)

the category of the seed to be produced,

that the plants produced in the control plot indicate that the corresponding plants in the field are satisfactory plants from which to harvest the relevant category of seed;

[F46“Oil and Fibre Plant Seed Directive” means Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants [F47, as last amended by Commission Implementing Directive (EU) 2020/177];]

[F48“PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas), paragraph 1 of the EU Plant Health Regulation;]

[F49“professional seed operator” means a seed merchant, a seed packer or a seed processor;]

F50...

[F51“registered or licensed number” means the number issued to a person who holds a licence granted under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or to a person licensed or registered under provisions equivalent to that regulation by—

(a)

a GB Authority other than the Scottish Ministers; or

(b)

the NI Authority;]

[F52“RNQP” means a [F53GB] regulated non-quarantine pest within the meaning given in Article 36 (definition of [F53GB] regulated non-quarantine pests) of the EU Plant Health Regulation;]

“Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;

“seed lot” means an identifiable consignment of seed of a weight not exceeding that specified in column 2 of the table in paragraph 24 of Part II of Schedule 5 for the species specified in column 1 of that table by more than 5%, including a blended seed lot and a bulked seed lot, which bears a unique seed lot reference number;

“small package” means a package containing a net weight of not more than 15 kilograms of fully certified Pre basic Seed, fully certified Basic Seed, Seed of a Certified Generation or Commercial Seed;

“soya bean” means plants of the species specified in column 2 of Schedule 1 in relation to soya bean;

“submitted sample” means a sample of at least the minimum weight of a sample specified in paragraph 24 of Part II of Schedule 5, or in the case of a sample to be submitted to a licensed seed testing station, double the minimum weight of a sample specified in paragraph 24 of Part II of Schedule 5, taken from a seed lot in accordance with the provisions of Part I of Schedule 5;

“sunflower” means plants of the species specified in column 2 of Schedule 1 in relation to sunflower;

“swede rape” means plants of the species specified in column 2 of Schedule 1 in relation to swede rape, including plants commonly known as swede fodder rape and swede oilseed rape;

[F54“test and trial seed” means seed which is the subject of an authorisation of a type described in regulation 8A(1);]

[F54“tests and trials authorisation” means an authorisation granted by the Scottish Ministers under regulation 8A(4);]

[F55“third country” means any country or territory other than the British Islands;]

“turnip rape” means plants of the species specified in column 2 of Schedule 1 in relation to turnip rape, including plants commonly known as turnip fodder rape and turnip oilseed rape;

“UK National List ” means a list of varieties of species of oil and fibre plants for the time being published in accordance with the Seeds (National Lists of Varieties) Regulations 2001(5);

F56...

“white mustard” means plants of the species specified in column 2 of Schedule 1 in relation to white mustard.

(2) In these Regulations–

(a)any reference to a numbered regulation, to a numbered Part or to a numbered Schedule is a reference to the regulation, Part or Schedule in these Regulations so numbered; and

(b)any reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference occurs.

Textual Amendments

Commencement Information

I1Reg. 2 in force at 26.9.2004, see reg. 1(1)

(1)

O.J. No. L 106, 17.4.01, p.1.

(2)

O.J. No. L 8, 14.1.03, p.10.

(3)

O.J. No. L 168, 1.5.04, p.1.

(4)

O.J. No. L 268, 18.10.03, p.1.

(5)

S.I. 2001/3510.

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