The Seed (Scotland) (Miscellaneous Amendments) Regulations 2010

PART 1 GENERAL

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Seed (Scotland) (Miscellaneous Amendments) Regulations 2010.

(2) These Regulations come into force on 30th June 2010.

(3) These Regulations extend to Scotland only.

PART 2 AMENDMENT OF THE CEREAL SEED (SCOTLAND) REGULATIONS 2005

Amendment of the Cereal Seed (Scotland) Regulations 2005

2.  The Cereal Seed (Scotland) Regulations 2005(1) are amended in accordance with regulations 3 to 5.

Amendment of regulation 2 (interpretation)

3.  In regulation 2(1), in the definition of “oats” for “in relation to oats” substitute “in relation to oats, red oats and naked oats”.

Substitution of Schedule 1 (species of seed to which the regulations apply)

4.  For Schedule 1, substitute the Schedule set out in Schedule 1 to these Regulations.

Amendment of Schedule 4 (requirements for pre-basic seed, basic seed, certified seed, certified seed of the first generation and certified seed of the second generation)

5.  In Schedule 4, in paragraph 16(1) (standards of germination, analytical purity and content of seed of other plant species)—

(a) in the table, in the heading of columns 12 and 13 and in footnote (b) to the table, for “A. ludoviciana, A sterilis”, substitute “Avena sterilis”;

(b) in the table, in the heading of columns 14 and 15, for “Agropyron repens”, substitute “Elytrigia repens”;

(c) in the table, before the entry for ‘Secale cereale’, insert the entry in Schedule 2 to these Regulations; and

(d) for footnote (c) to the table, substitute—

“(c) In the case of varieties of Hordeum vulgare which are officially classified as of the “naked barley” type and in the case of varieties of Avena nuda which are officially classified as of the “naked oat” type, the minimum germination standard is 75%. In such cases the official label shall be endorsed ‘minimum germination capacity 75%’.”.

PART 3 AMENDMENT OF THE FODDER PLANT SEED (SCOTLAND) REGULATIONS 2005

Amendment of the Fodder Plant Seed (Scotland) Regulations 2005

6.  The Fodder Plant Seed (Scotland) Regulations 2005(2) are amended in accordance with regulations 7 to 9.

Substitution of Schedule 1 (species of seed to which the regulations apply)

7.  For Schedule 1, substitute the Schedule set out in Schedule 3 to these Regulations.

Amendment of 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)

8.  In Schedule 4—

(a) in paragraph 13 (standards for germination, analytical purity and content of seed of other plant species), in table II—

(i) before the entry for ‘Sheep’s fescue’, insert—

“Fine leaved sheep’s fescue	75	n/a	85	0.3	2.0
Hard fescue	75	n/a	85	0.3	2.0”

(ii) in column (4) of the entries for ‘Narrow-leaved lupin (Blue lupin)’, ‘White lupin’ and ‘Yellow lupin’, for “98” substitute “98 (c)”; and

(b) in paragraph 14 (standards regarding content of seeds of other plant species)—

(i) in each of tables I and II, in the heading of columns (3) and (4), for “A.ludoviciana and A.sterilis”, substitute “Avena sterilis”;

(ii) in table I, in the heading of columns (11), (12) and (13) and in table II, in the heading of columns (9) and (10), for “Agropyron repens”, substitute “Elytrigia repens”;

(iii) in table II, before the entry for ‘Sheep’s fescue’, insert the entries in Schedule 4 to these Regulations; and

(iv) at table II, in footnote (k) to the table, for “(bitter varieties) the presence of seeds of another colour shall not exceed 4.0%”, substitute “the presence of seeds of another colour shall not exceed 4.0% in bitter lupins and 2.0% in other lupins”.

Amendment of Schedule 5 (sampling and weights)

9.  In Schedule 5, in paragraph 26 (minimum weight of a sample), in the table, for the entry for ‘Sheep’s fescue, including Fine-leaved fescue, Hard fescue’, substitute—

“Fine leaved sheep’s fescue	10	100	30
Hard fescue	10	100	30
Sheep’s fescue	10	100	30”

PART 4 AMENDMENT OF THE OIL AND FIBRE PLANT SEED (SCOTLAND) REGULATIONS 2004

Amendment of the Oil and Fibre Plant Seed (Scotland) Regulations 2004

10.  The Oil and Fibre Plant Seed (Scotland) Regulations 2004(3) are amended in accordance with regulations 11 and 12.

Substitution of Schedule 1 (species of seed to which the regulations apply)

11.  For Schedule 1, substitute the Schedule set out in Schedule 5 to these Regulations.

Amendment of Schedule 5 (sampling and weights)

12.  In Schedule 5, in paragraph 24 (minimum weight of a sample), in the table, in column 2 of the entry for ‘Soya bean’, for “25” substitute “30”.

PART 5 AMENDMENT OF THE VEGETABLE SEEDS REGULATIONS 1993

Amendment of the Vegetable Seeds Regulations 1993

13.  The Vegetable Seeds Regulations 1993(4) are amended in accordance with regulations 14 and 15.

Amendment of Schedule 4 (requirements for basic seed, certified seed and standard seed)

14.  In Schedule 4, in Part II (basic seed, certified seed and standard seed conditions relating to the seeds), after paragraph 2(b) (additional requirements), insert—

“(c) In the case of varieties of Zea mays (Sweet corn – super-sweet types) the required minimum germination capacity is reduced to 80% of pure seed. The official label or the supplier’s label, where appropriate, shall be endorsed ‘minimum germination capacity 80%’.”.

Amendment of Schedule 5 (sampling and weights)

15.  In Schedule 5, in Part II (maximum weight of a seed lot and minimum weight of a submitted sample), in the table, in the column headed “Maximum lot weight (tonnes)”—

(a) at the entries for “Broad bean”, “French bean” and “Pea” for “25” substitute “30”; and

(b) at the entry for “Runner beans” for “20” substitute “30”.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

3rd June 2010