1. The Scottish Ministers may ascertain, so far as practicable, whether the requirements for the crop set out in this Part of this Schedule are met by the use of methods which shall include official field inspection of the crop and which may include examination of a control plot sown with a sample from the seed lot sown in the field and the consideration of any other relevant information.
Commencement Information
I1Sch. 4 para. 1 in force at 1.7.2005, see reg. 1(1)
2. The characteristics used for the determination of varietal identity and varietal purity shall be those to which regard was had when the relevant variety was accepted on to the relevant [F1GB Variety List or NI Variety List.]
Textual Amendments
F1Words in sch. 4 para. 2 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(24)(a)(i) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(21)); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I2Sch. 4 para. 2 in force at 1.7.2005, see reg. 1(1)
3.—(1) An official examination of the crop shall be made by means of an official field inspection.
(2) The official field inspection shall only be carried out when the cultural condition of the field and the stage of development and condition, including state of health, of the crop–
(a)are such as to permit suitable checks of varietal identity, varietal purity and species purity to be made; and
(b)meet the requirements of the Scottish Ministers.
(3) At least one official field inspection of the crop shall be carried out.
Commencement Information
I3Sch. 4 para. 3 in force at 1.7.2005, see reg. 1(1)
4.—(1) The crop must be practically free from any pests which reduce the usefulness and quality of the seed.
(2) The crop must also comply with the requirements concerning [F3GB] quarantine pests, [F4PFA] quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as the measures adopted pursuant to Article 30(1) of that Regulation.
(3) The presence of RNQPs on the crop and the respective categories must comply with the requirements set out in the following table—
| RNQPs or symptoms caused by RNQPs | Plants for planting (genus or species) | Thresholds for the production of pre-basic seed | Thresholds for the production of basic seed | Thresholds for the production of certified seed |
|---|---|---|---|---|
| Clavibacter michiganensis ssp. insidiosus (McCulloch 1925) Davis et al. [CORBIN] | Lucerne | 0% | 0% | 0% |
| Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI] | Lucerne | 0% | 0% | 0%] |
Textual Amendments
F2Sch. 4 para. 4 substituted (1.7.2020) by The Seed and Plant Material (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/165), regs. 1(1), 7(3)(a)
F3Word in sch. 4 para. 4 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(24)(a)(ii)(aa) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(21)); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in sch. 4 para. 4 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(24)(a)(ii)(bb) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(21)); 2020 c. 1, Sch. 5 para. 1(1)
5.—(1) The previous cropping of the field shall not have been incompatible with the production of seed of the species and variety of the crop, and the field shall be sufficiently free from plants which are volunteers from previous cropping.
(2) The crop may be grown only on land which complies with the Scottish Ministers' requirements in respect of previous cropping.
Commencement Information
I4Sch. 4 para. 5 in force at 1.7.2005, see reg. 1(1)
6. A crop to produce Pre-basic Seed, Basic Seed or Certified Seed of hybrid or Italian ryegrass shall not be used to produce a crop in the second year unless–
(a)Pre-basic Seed was produced in the first harvest year in which case Basic Seed may be produced in the second harvest year;
(b)Basic Seed was produced in the first harvest year from a crop grown from officially certified Pre-basic Seed, in which case Certified Seed may be produced in the second harvest year;
(c)for a tetraploid variety of hybrid ryegrass, Certified Seed was produced in the first harvest year from a crop grown from officially certified Basic Seed, in which case Certified Seed may be produced in the second harvest year.
Commencement Information
I5Sch. 4 para. 6 in force at 1.7.2005, see reg. 1(1)
7. There shall be either a physical barrier or at least 2 metres of fallow ground between the seed crop and any crop likely to cause contamination in the seed.
Commencement Information
I6Sch. 4 para. 7 in force at 1.7.2005, see reg. 1(1)
8. For a crop shown in Column 1 of the following table, the minimum distances from neighbouring crops or plants of other species, or of other varieties of the same species, liable to cross pollinate with the crop shall be the distances specified in column 2 or 3, as appropriate (which can include any distance of at least 2 metres of fallow ground required under paragraph 7 of this Part of this Schedule)–
Column 1 | Column 2 | Column 3 |
|---|---|---|
Crop | Minimum Distances | Minimum Distances |
Crop Area up to 2 hectares | Crop Area over 2 hectares> | |
(a)All grasses other than apomictic unicloncal varieties of smooth stalked meadowgrass– | ||
(i)for the production of Basic Seed | 200 metres | 100 metres |
(ii)for the production of Certified Seed | 100 metres | 50 metres |
(b)All legumes other than field bean, field pea, vetches & lucerne and for fodder radish– | ||
(i)for the production of Basic Seed | 200 metres | 100 metres |
(ii)for the production of Certified Seed | 100 metres | 50 metres |
(c)Field bean, vetches & lucerne– | ||
(i)for the production of Basic Seed & Certified Seed of the First Generation | 200 metres | 100 metres |
(ii)for the production of Certified Seed of the Second Generation | 100 metres | 50 metres |
(d)Fodder kale & swede– | ||
(i)for the production of Basic Seed | 400 metres | 400 metres |
(ii)for the production of Certified Seed | 200 metres | 200 metres |
but with the approval of the Scottish Ministers these distances may be modified or disregarded if there is adequate protection against undesirable foreign pollen.
Commencement Information
I7Sch. 4 para. 8 in force at 1.7.2005, see reg. 1(1)
9. The crop shall have sufficient varietal identity and varietal purity and in particular the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed–
In Crops to Produce | ||
|---|---|---|
Basic Seed | Seed of a Certified Generation | |
(a)In the case of all grasses except smooth stalked meadowgrass | One plant in 30 square metres | One plant in 10 square metres |
(b)In the case of all legumes except field peas & field beans and in the case of fodder radish | One plant in 30 square metres | One plant in 10 square metres |
(c)In the case of smooth stalked meadowgrass | ||
(i)apomictic uniclonal varieties | One plant in 20 square metres | Six plants in 10 square metres |
(ii)all varieties except apomictic uniclonal varieties | One plant in 20 square metres | Four plants in 10 square metres |
Plants of other species, the seeds of which are difficult to distinguish from the crop seeds in a laboratory test, shall be at a low level and in particular the number of plants of a ryegrass species or festulolium, other than the crop species itself, shall not exceed–
In Crops to Produce | ||
|---|---|---|
Basic Seed | Certified Seed | |
| In the case of perennial, Italian & hybrid ryegrass and festulolium | One plant in 50 square metres | One plant in 10 square metres |
Commencement Information
I8Sch. 4 para. 9 in force at 1.7.2005, see reg. 1(1)
10. For the purpose of determining whether a crop from which Pre basic Seed is to be produced meets the conditions specified in this Part of this Schedule, the crop from which such seed is to be produced shall be treated in the same way as a crop from which Basic Seed is to be produced.
Commencement Information
I9Sch. 4 para. 10 in force at 1.7.2005, see reg. 1(1)