The Cereal Seed (Scotland) Regulations 2005

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

7Marketing of seed of a Higher Voluntary Standard

9Exception for scientific purposes or selection work

9AException for test and trial seed

9BException for Conservation Varieties

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

19Marketing of Excepted Seed Marketed in Bulk

PART VPROCEDURES FOR ISSUING BREEDER'S CONFIRMATIONS

20Breeder’s confirmations

PART VIPACKAGING AND LABELLING REQUIREMENTS RELATING TO BREEDER'S CONFIRMATION

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

22Labelling of packages of seed in relation to breeder’s confirmation

PART VIIMISCELLANEOUS

23Comparative tests and trials

24Civil liabilities of sellers of seed

25Service of notices

26Written and electronic communication

26ACertification in a Crown Dependency or a country granted equivalence

26BTransitional provision for official labels on IP completion day

27Amendment to the Seeds (Fees) (Scotland) Regulations 2002

28Revocations and supplementary 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

6When applications will be refused

7When 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 PRE BASIC SEED, BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION AND CERTIFIED SEED OF THE SECOND GENERATION

PART ICONDITIONS RELATING TO CROPS FROM WHICH SEED IS OBTAINED

1Methods of ascertaining whether crop requirements are met

2Varietal identity and varietal purity

3Crop inspection

4Pests in the crop

5Previous cropping

6Isolation distances – general

7Isolation distances — minimum distances

8Standards for varietal purity

9Standards for wild oats contamination

10Standards for other cereal species

11Crop standards for loose smut infection

12Crop conditions for Pre basic Seed

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

13Standards for varietal purity

14Production of Certified Seed of hybrids of maize

15Standards for varietal purity for hybrid varieties of rye and cytoplasmic male sterility hybrid varieties of barley, durum wheat, spelt wheat and wheat

16Standards of germination, analytical purity and content of seed of other plant species

17Pests in the seed

18Standards for loose smut infection

19Moisture content

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 AND CERTIFIED SEED OF THE SECOND GENERATION

20Methods 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 seed

3Standards for loose smut infection

PART IVCONDITIONS RELATING TO SEED OF A CONSERVATION VARIETY

1Standards of germination, analytical purity and content of seed of ...

2Harmful organisms in the seed

3Standards for loose smut infection

4Moisture content

5Varietal 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 of seed lots intended to be Excepted Seed Marketed in Bulk

13Sampling from a seed stream

14Sampling instruments – general

15Sampling instruments – instruments and methods

16Sampling instruments – power to allow other instruments and methods

17Sampling instruments – instruments for drawing primary samples

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

19Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – specific

20Obtaining a sample for moisture tests

21Obtaining a submitted sample – composite sample division instruments

22Method of use of riffle divider

23Method of use of a centrifugal divider

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

24Maximum weight of a seed lot

25Margin by which seed lots can exceed maximum weight

26Maximum weight of a seed lot and minimum 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 a mixture of seeds to which regulation 8 applies

6AOfficial label for a package of test and trial seed

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

PART IIISMALL PACKAGES

7Label for a small package of Pre basic Seed, Basic Seed or Seed of a Certified Generation

8Label for a small package of a mixture of seeds to which regulation 8 applies

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 which is not a mixture of seeds to which regulation 8 applies

10Particulars to be marked or displayed on the sale of unpacketed seed which is a mixture to which regulation 8 applies

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

11Information 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)

12Packages sealed in Scotland – printers' returns

13Packages sealed in Scotland – individual serial numbers

14Packages sealed in Scotland – printing or stamping

15Packages sealed in Scotland – particulars to be included in the printing or stamp

16Seed packages sealed in the United Kingdom but not in Scotland, or outside the United Kingdom

SCHEDULE 7LIMITS OF VARIATION

ANALYTICAL PURITY

NUMBER OF SEEDS OF OTHER SPECIES

SCHEDULE 8REVOCATIONS

SCHEDULE 9DEFINITION OF CEREAL SEED DIRECTIVE

2005 No. 328

SEEDS

The Cereal Seed (Scotland) Regulations 2005

Made8th June 2005

Laid before the Scottish Parliament9th June 2005

Coming into force1st July 2005

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: