The Fodder Plant 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
8A
Preservation 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 or producer's 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, A BREEDER’S CONFIRMATION OR AN AUTHORISATION TO MARKET A PRESERVATION MIXTURE
1
Particulars to be specified in an official certificate
2
Particulars to be specified in a breeder’s confirmation
3
Particulars to be specified in an authorisation to market a preservation mixture
SCHEDULE 4
REQUIREMENTS FOR PRE-BASIC SEED, BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION, CERTIFIED SEED OF THE SECOND GENERATION AND COMMERCIAL SEED
PART I
CONDITIONS RELATING TO CROPS FROM WHICH SEED OTHER THAN COMMERCIAL 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
Limitations on number of harvest years
7
Isolation distances – general
8
Isolation distances – minimum distances
9
Standards for varietal purity
10
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 AND COMMERCIAL SEED
11
Standards for varietal purity
12
Pests in the seed
13
Standards for germination, analytical purity and content of seed of other plant species
14
Standards regarding content of seeds of other plant species
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 4B
Requirements for preservation mixtures
PART I
Conditions for directly harvested preservation mixtures
1
The percentage of the constituents of the mixture that are...
2
The germination rate of the constituent in paragraph 1 is...
3
The maximum content of species which do not comply with...
4
The mixture does not contain Avena fatua , Avena sterilis...
5
The maximum content of Rumex spp. , other than Rumex...
PART II
Conditions for crop-grown preservation mixtures
1
The constituents are species which are typical for the habitat...
2
Each constituent of the mixture has been multiplied for no...
PART III
Examinations
1
All visual inspections and examinations used to ascertain whether a...
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
20
Obtaining a submitted sample – composite sample division instruments
21
Method of use of riffle divider
22
Method of use of a centrifugal divider
PART II
MAXIMUM WEIGHT OF A SEED LOT AND MINIMUM WEIGHT OF A SUBMITTED SAMPLE
23
Maximum weight of a seed lot
23A
Increase to maximum weight of a seed lot of grasses
24
Margin by which seed lots can exceed maximum weight
25
Maximum weight of a seed lot of mixtures
26
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 mixture of seeds to which regulation 8 applies
8
Further particulars to be given in respect of a mixture of seeds – other than a mixture in a small package of seeds not intended for use for agricultural purposes where said mixtures contain Festulolium
8A
Producer’s label for a package of seed of a preservation mixture
PART III
LABELS FOR SMALL ... A OR SMALL ... B PACKAGES
9
Label for a small ... B package of Basic Seed, Seed of a Certified Generation or Commercial Seed
10
Label for a small ... A or small ... B package of Mixtures
PART IV
PARTICULARS TO BE MARKED OR DISPLAYED ON THE SALE OF UNPACKETED SEED
11
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
12
Information to be supplied in respect of seed imported from outside the United Kingdom in a package exceeding 2 kilograms net weight
PART VI
PRINTING OF SPECIFIED MATTERS ON PACKAGES (WHOLE BAG LABELLING)
13
Packages sealed in Scotland – printers' returns
14
Packages sealed in Scotland – individual serial numbers
15
Packages sealed in Scotland – printing or stamping
16
Packages sealed in Scotland – particulars to be included in the printing or stamp
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 – (a) grasses
ANALYTICAL PURITY – (b) legumes and crucifers
CONTENT OF SEEDS OF OTHER SPECIES IN GRASSES
CONTENT OF SEEDS OF OTHER SPECIES OR VARIETIES IN LEGUMES AND CRUCIFERS
NUMBER OF SEEDS OF OTHER SPECIES
SCHEDULE 8
REVOCATIONS
SCHEDULE 9
DEFINITION OF THE FODDER PLANT SEED DIRECTIVE
2005 No. 329

SEEDS

The Fodder Plant 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).