23. Subject to paragraphs [F123A,] 24 and 25, the maximum weight of a seed lot shall be that set out in column 2 of the table in paragraph 26 in relation to the corresponding entry in column 1 of the table.
Textual Amendments
F1Word in sch. 5 para. 23 inserted (16.12.2013) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2013 (S.S.I. 2013/326), regs. 1(1), 5(a)
Commencement Information
I1Sch. 5 para. 23 in force at 1.7.2005, see reg. 1(1)
23A.—[F3(1) Any person licensed by the Scottish Ministers as a professional seed operator under regulation 4(1)(a) (determination of licences) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or licensed or registered by a [F4GB Authority, other than the Scottish Ministers, or the NI Authority] under provisions equivalent to that regulation, may apply to the Scottish Ministers for approval to increase to 25 tonnes the maximum weight of a seed lot of any of the grasses set out in column 1 of the table in paragraph 26.]
(2) An application under sub-paragraph (1) shall contain such information as the Scottish Ministers may require.
(3) The Scottish Ministers shall not approve an application under sub-paragraph (1) unless they are satisfied that the applicant has complied with the guidance booklet titled “Scottish Government Guide to Large Herbage Seed Lot Approval and Check Sampling Programme 2013” produced by the Scottish Ministers.
(4) An approval may be made subject to such conditions as the Scottish Ministers think are necessary.
(5) The Scottish Ministers may revoke an approval under sub-paragraph (4) where they are satisfied that there has been a breach of any condition to which the approval is subject.]
Textual Amendments
F2Sch. 5 para. 23A inserted (16.12.2013) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2013 (S.S.I. 2013/326), regs. 1(1), 5(b)
F3Sch. 5 para. 23A(1) substituted (1.7.2016) by The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 (S.S.I. 2016/68), reg. 1(1), sch. 3 para. 3(6)
F4Words in sch. 5 para. 23A(1) substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(25A) (as inserted 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(23)); 2020 c. 1, Sch. 5 para. 1(1)
24.—(1) Subject to sub-paragraph (2), a seed lot may exceed the maximum weight for a seed lot set out in column 2 of the table in paragraph 26 by not more than 5%.
(2) Where a person referred to in paragraph 23A(1) has approval to increase the maximum weight of a seed lot of grasses to 25 tonnes, the weight of such a seed lot may exceed 25 tonnes by not more than 5%.]
Textual Amendments
F5Sch. 5 para. 24 substituted (16.12.2013) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2013 (S.S.I. 2013/326), regs. 1(1), 5(c)
[F625.—(1) The maximum weight of a seed lot of a mixture of seeds shall be 10 tonnes, subject to sub paragraph (2).
(2) Where more than 50% of a mixture of seeds consists of species of seed for which the maximum weight of a seed lot prescribed in seeds regulations is more than 10 tonnes, the maximum weight of a seed lot shall be as prescribed for the species of that type that appears in the larger or largest proportion.]
Textual Amendments
26. The minimum weight of a sample submitted for official examination shall be that specified in column 3 of the following table in relation to the corresponding entry in column 1 of the table–
Species | Maximum weight of a lot (tonnes) | Minimum weight of a sample to be drawn from a lot (grams) | Weight of the sample for the determinations by number provided for in Schedule 4, Part II, paragraph 14, Table I columns 3 to 8, 10, 11, 13, 14 and 16 together with paragraph 14 Table II columns 3 to 7, 9 and 13. |
|---|---|---|---|
Column 1 | Column 2 | Column 3 | Column 4 |
Grasses | |||
| Alaska brome-grass | 10 | 200 | 200 |
| Annual meadowgrass | 10 | 50 | 10 |
| Brown top | 10 | 50 | 5 |
| Cocksfoot | 10 | 100 | 30 |
| Creeping bent | 10 | 50 | 5 |
| Festulolium | 10 | 200 | 60 |
| Hybrid ryegrass | 10 | 200 | 60 |
| Italian ryegrass (including Westerwolds ryegrass) | 10 | 200 | 60 |
| Meadow fescue | 10 | 100 | 50 |
| Perennial ryegrass | 10 | 200 | 60 |
| Red fescue, Chewings fescue | 10 | 100 | 30 |
| Red top | 10 | 50 | 5 |
| Rescue grass | 10 | 200 | 200 |
| Rough-stalked meadowgrass | 10 | 50 | 5 |
| [F7Fine leaved sheep’s fescue | 10 | 100 | 30 |
| Hard fescue | 10 | 100 | 30 |
| Sheep’s fescue | 10 | 100 | 30] |
| Small Timothy | 10 | 50 | 10 |
| Smooth-stalked meadowgrass | 10 | 50 | 5 |
| Tall oatgrass | 10 | 200 | 80 |
| Tall fescue | 10 | 100 | 50 |
| Timothy | 10 | 50 | 10 |
| Velvet bent | 10 | 50 | 5 |
| Wood meadowgrass | 10 | 50 | 5 |
Legumes | |||
| Alsike clover | 10 | 200 | 20 |
| Birdsfoot trefoil | 10 | 200 | 30 |
| Common vetch | [F830] | 1,000 | 1,000 |
| Field bean | [F830] | 1,000 | 1,000 |
| Field pea | [F830] | 1,000 | 1,000 |
| Hairy vetch | [F830] | 1,000 | 1,000 |
| Hungarian vetch | [F830] | 1,000 | 1,000 |
| Lucerne | 10 | 300 | 50 |
| Narrow-leaved lupin (Blue lupin) | [F830] | 1,000 | 1,000 |
| Red clover | 10 | 300 | 50 |
| Sainfoin | |||
(a)fruit | 10 | 600 | 600 |
(b)seed | 10 | 400 | 400 |
| Trefoil, Black medick | 10 | 300 | 50 |
| White clover | 10 | 200 | 20 |
| White lupin | [F830] | 1,000 | 1,000 |
| Yellow lupin | [F830] | 1,000 | 1,000 |
Others | |||
| Fodder kale | 10 | 200 | 100 |
| Fodder radish | 10 | 300 | 300 |
| Swede | 10 | 200 | 100 |
Textual Amendments
F7Sch. 5 para. 26 Table entry substituted (30.6.2010) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2010 (S.S.I. 2010/219), regs. 1(2), 9
F8Word in sch. 5 para. 26 Table substituted (2.11.2009) by The Fodder Plant Seed (Scotland) Amendment Regulations 2009 (S.S.I. 2009/330), regs. 1, 2(2)
Commencement Information
I2Sch. 5 para. 26 in force at 1.7.2005, see reg. 1(1)