The Cereal Seed (Scotland) Regulations 2005
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
Marketing of seed of a Higher Voluntary Standard
8
Mixtures
9
Exception for scientific purposes or selection work
9A
Exception for test and trial seed
9B
Exception for Conservation Varieties
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
19
Marketing of Excepted Seed Marketed in Bulk
PART V
PROCEDURES FOR ISSUING BREEDER'S CONFIRMATIONS
20
Breeder’s confirmations
PART VI
PACKAGING AND LABELLING REQUIREMENTS RELATING TO BREEDER'S CONFIRMATION
21
Sealing of packages of seed in relation to breeder’s confirmation
22
Labelling of packages of seed in relation to breeder’s confirmation
PART VII
MISCELLANEOUS
23
Comparative tests and trials
24
Civil liabilities of sellers of seed
25
Service of notices
26
Written and electronic communication
26A
Certification in a Crown Dependency or a country granted equivalence
26B
Transitional provision for official labels on IP completion day
27
Amendment to the Seeds (Fees) (Scotland) Regulations 2002
28
Revocations and supplementary 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
5
Applications
6
When applications will be refused
7
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 PRE BASIC SEED, BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION AND CERTIFIED SEED OF THE SECOND GENERATION
PART I
CONDITIONS RELATING TO CROPS FROM WHICH SEED IS OBTAINED
1
Methods of ascertaining whether crop requirements are met
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 distances
8
Standards for varietal purity
9
Standards for wild oats contamination
10
Standards for other cereal species
11
Crop standards for loose smut infection
12
Crop conditions for Pre basic Seed
PART II
CONDITIONS RELATING TO BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION AND CERTIFIED SEED OF THE SECOND GENERATION
13
Standards for varietal purity
14
Production of Certified Seed of hybrids of maize
15
Standards for varietal purity for hybrid varieties of rye and cytoplasmic male sterility hybrid varieties of barley, durum wheat, spelt wheat and wheat
16
Standards of germination, analytical purity and content of seed of other plant species
17
Pests in the seed
18
Standards for loose smut infection
19
Moisture content
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 AND CERTIFIED SEED OF THE SECOND GENERATION
20
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 seed
3
Standards for loose smut infection
PART IV
CONDITIONS RELATING TO SEED OF A CONSERVATION VARIETY
1
Standards of germination, analytical purity and content of seed of ...
2
Harmful organisms in the seed
3
Standards for loose smut infection
4
Moisture content
5
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 of seed lots intended to be Excepted Seed Marketed in Bulk
13
Sampling from a seed stream
14
Sampling instruments – general
15
Sampling instruments – instruments and methods
16
Sampling instruments – power to allow other instruments and methods
17
Sampling instruments – instruments for drawing primary samples
18
Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – general
19
Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – specific
20
Obtaining a sample for moisture tests
21
Obtaining a submitted sample – composite sample division instruments
22
Method of use of riffle divider
23
Method of use of a centrifugal divider
PART II
MAXIMUM WEIGHT OF A SEED LOT AND MINIMUM WEIGHT OF A SUBMITTED SAMPLE
24
Maximum weight of a seed lot
25
Margin by which seed lots can exceed maximum weight
26
Maximum weight of a seed lot and 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 a mixture of seeds to which regulation 8 applies
6A
Official label for a package of test and trial seed
6B
Official label for a package of seed of a Conservation Variety
PART III
SMALL PACKAGES
7
Label for a small package of Pre basic Seed, Basic Seed or Seed of a Certified Generation
8
Label for a small package of a mixture of seeds to which regulation 8 applies
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 which is not a mixture of seeds to which regulation 8 applies
10
Particulars to be marked or displayed on the sale of unpacketed seed which is a mixture to which regulation 8 applies
PART V
INFORMATION IN RESPECT OF SEED IMPORTED FROM COUNTRIES OUTSIDE THE UNITED KINGDOM IN PACKAGES EXCEEDING 2 KILOGRAMS NET WEIGHT
11
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)
12
Packages sealed in Scotland – printers' returns
13
Packages sealed in Scotland – individual serial numbers
14
Packages sealed in Scotland – printing or stamping
15
Packages sealed in Scotland – particulars to be included in the printing or stamp
16
Seed packages sealed in the United Kingdom but not in Scotland, or outside the United Kingdom
SCHEDULE 7
LIMITS OF VARIATION
GERMINATION
ANALYTICAL PURITY
NUMBER OF SEEDS OF OTHER SPECIES
SCHEDULE 8
REVOCATIONS
SCHEDULE 9
DEFINITION OF CEREAL SEED DIRECTIVE
2005 No. 328

SEEDS

The Cereal Seed (Scotland) Regulations 2005
Made
8th June 2005
Laid before the Scottish Parliament
9th June 2005
Coming into force
1st 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 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).