The Fodder Plant Seed (Scotland) Regulations 2005

Marketing of seedS

6.—(1) Subject to the provisions of this Part, no person shall market any seed unless–

(a)it is marketed in seed lots or in parts of seed lots; and

(b)it is–

(i)Commercial Seed; or

(ii)seed of a plant variety of a species specified in Part I of Schedule 1 (varieties of plant species on national lists) to the Seeds (National Lists of Varieties) Regulations 2001(1) accepted on to a [F1GB Variety List or an NI Variety List] and which is fully certified [F2Pre-basic Seed, fully certified Basic Seed, Seed of a Certified Generation or seed of a Conservation Variety]; or

(iii)Breeder’s Seed.

[F3(2) Paragraph (1) shall not apply to the marketing of seed which has not yet been fully certified if–

(a)the seed is marketed for processing;

(b)the identity of the seed is ensured; and

(c)the seed has been harvested from a crop which has been found by an official field inspection to satisfy the conditions specified in Part I of Schedule 4 F4... for the relevant category of seed; or

(d)the seed of a Conservation Variety has been harvested from a crop which has been found to satisfy the conditions specified in Part III of Schedule 4A.]

(3) Where seed is sampled in an untreated state for F5... the official examination referred to in paragraph 2(1)(c) of Part I of Schedule 2, [F6the examination referred to in paragraph 2(b) of Part I of Schedule 4A] or for an examination or test carried out by a [F7International] Authority other than the Scottish Ministers, and the seed is subsequently subjected to chemical treatment the seller shall, upon or before delivering the seed to the purchaser, provide the purchaser with a statement in writing that the seed has been subsequently subjected to chemical treatment and specifying the chemical nature of such treatment.

(4) Notwithstanding paragraph (1), no person shall market seed of a genetically modified variety unless it is clearly indicated, in the sales catalogue of the person marketing the seed and in any other marketing information or marketing representations provided by that person, as having been genetically modified.

(5) Any person marketing seed which has been imported from [F8outside the United Kingdom] and which exceeds 2 kilograms of seed shall supply the Scottish Ministers, in such manner and at such time as the Scottish Ministers may require, with the particulars relating to the seed specified in paragraph 12 of Part V of Schedule 6.

Textual Amendments

Commencement Information

I1Reg. 6 in force at 1.7.2005, see reg. 1(1)

(1)

S.I. 2001/3510.