Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

The Oil and Fibre Plant Seed (Scotland) Regulations 2004

Type Scottish-Statutory-Instrument

Publication 2004-07-01

Last updated 2020-12-31

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Made: 1st July 2004

Laid before the Scottish Parliament: 2nd July 2004

Coming into force: 26th September 2004

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[^f00001] 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:

PART I — GENERAL

Citation, commencement and extent

1

(1) These Regulations may be cited as the Oil and Fibre Plant Seed (Scotland) Regulations 2004, and shall come into force on 26th September 2004.

(2) These Regulations extend to Scotland only.

Interpretation

2

(1) In these Regulations–

“the Act” means the Plant Varieties and Seeds Act 1964;

“black mustard” means plants of the species specified in column 2 of Schedule 1 in relation to black mustard;

“blended seed lot” means a seed lot obtained by mixing seed where–the seed that goes into the seed lot–is of the same variety;has come from different sources; andeither–is fully certified seed;is not fully certified seed, but is seed which has been harvested from seed crops for which official field inspection reports have been issued showing that the relevant crops met the conditions for the relevant category of seed specified in Part I of Schedule 4 ...; oris made up of seed which falls within sub paragraph (aa) and seed which falls within sub paragraph (bb); anda GB Authority or the NI Authority has been notified that the seed which goes into the seed lot is intended to be included in a blended seed lot;

“breeder”–in relation to a variety which has not been accepted on to a GB Variety List, an NI Variety List or the equivalent list in a country granted equivalence, includes any person lawfully multiplying (on their own account) seed bred by another; andin relation to a variety which has been so accepted, means the person who is indicated in the relevant GB Variety List, NI Variety List or equivalent list in a country granted equivalence as responsible for maintaining the plant variety in accordance with the characteristics to which regard was had when the plant variety was accepted on to the relevant GB Variety List, NI Variety List or equivalent list in a country granted equivalence;

“breeder’s confirmation” means a document issued by the Scottish Ministers in accordance with Part II of Schedule 2 containing in respect of the seed to which it relates the particulars specified in paragraph 2 of Schedule 3;

“brown mustard” means plants of the species specified in column 2 of Schedule 1 in relation to brown mustard;

“bulked seed lot” means a seed lot obtained by mixing seed where–the seed that goes into the seed lot is–of the same variety;has come from different sources; andhas been harvested from seed crops for which official field inspection reports have been issued showing that the relevant crops met the conditions for the relevant category of seed specified in Part I of Schedule 4 ...; anda GB Authority or the NI Authority has been notified that the seed which goes into the seed lot is intended to be included in a bulked seed lot;

“the 2004 Commission Decision” means Commission Decision 2004/842/EC concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted , as amended by Commission Implementing Decision (EU) 2016/320;

“Commission Directive 2008/62” means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed of those landraces and varieties;

“Commission Regulation 217/2006” means Commission Regulation (EC) No. 217/2006 laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination;

“component” means–in the case of Pre basic Seed, a component used in the production of a hybrid variety; andin the case of Basic Seed, a component of a hybrid variety;

“Conservation Variety” means the landraces or varieties of agricultural plant species which are naturally adapted to local and regional conditions and threatened by genetic erosion and are contained within a GB Variety List or an NI Variety List and for these purposes–“landrace” means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their regions; and“genetic erosion” means loss of genetic diversity between and within populations of varieties of the same species over time or reduction of the genetic basis of a species due to human intervention or environmental change;

“control plot” means a plot sown by a GB Authority or the NI Authority with a seed from a submitted sample taken–by a GB Authority or the NI Authority;by a licensed seed sampler; orby an applicant of a seed of a Conservation Variety;

“country granted equivalence” means a country that has been—granted equivalence under the Equivalence Decision; orassessed by Scottish Ministers as producing the species of seed referred to in regulation 5 under conditions equivalent to those required by these Regulations;

“the 2001 Deliberate Release Directive” means Directive 2001/18/EC of the European Parliament and of the Council[^f00006] on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC, as last amended by Regulation (EU) 2019/1381;

“DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

“dioecious hemp” means hemp of dioecious hemp varieties;

“early movement seed” means seed marketed under regulation 12;

“Equivalence Decision” means Council Decision 2003/17/EC[^f00009] on the equivalence of field inspections carried out in third countries on seed producing crops and on the equivalence of seed produced in third countries, as last amended by Decision (EU) 2020/1544[^f00011];

“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;

“first buyer by way of trade” has the same meaning as for the purposes of the Oil and Fibre Plant Seed Directive;

“flax” means plants of the species specified in column 2 of Schedule 1 in relation to flax, commonly known as flax;

“the Food and Feed Regulation” means Regulation (EC) No 1829/2003 of the European Parliament and of the Council[^f00012] on genetically modified food and feed , as last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council , as last amended by Regulation (EU) 2019/1381;

“fully certified” means–officially certified; orcertified by a International Authority other than the Scottish Ministers,as satisfying the conditions specified for the relevant category of seed in regulation 3 and schedule 4;

“genetically modified” has the same meaning as for the purposes of the 2001 Deliberate Release Directive;

“the GMO Regulations” means—in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002;in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002;in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003;

“GB Authority” means the Scottish Ministers, the Secretary of State or the National Assembly for Wales;

“GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation;

“GB Variety List” is a list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001;

“hemp” means plants of the species specified in column 2 of Schedule 1 in relation to hemp;

“homogeneous seed lot” means a seed lot in which the seed has been so mixed or blended that it is as uniform as practicable and, as far as is practicable, the seed lot shows no evidence of heterogeneity;

“inbred line” means a sufficiently uniform and stable line obtained either by artificial self-fertilisation with selection over several successive generations or by equivalent operations;

“International Authority” means a GB Authority, the NI Authority or the competent seed certification authority of a country other than the United Kingdom, and “by an International Authority” means–by or on behalf of a GB Authority;by or on behalf of the NI Authority; orby or on behalf of the competent seed certification authority of a country other than the United Kingdom;

“licensed crop inspector” means a person who holds a current licence to be a crop inspector—granted by the Scottish Ministers or having effect as if it were a licence granted by the Scottish Ministers under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016; or granted under provisions equivalent to that regulation by—a GB Authority other than the Scottish Ministers; orthe NI Authority;

“licensed seed sampler” means a person who holds a current licence to be a seed sampler—granted by the Scottish Ministers or having effect as if it were a licence granted by the Scottish Ministers under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016; or granted under provisions equivalent to that regulation by—a GB Authority other than the Scottish Ministers; orthe NI Authority;

“licensed seed testing station” means an establishment which holds a current seed testing station licence—granted by the Scottish Ministers or having effect as if it were a licence granted by the Scottish Ministers under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016; or granted under provisions equivalent to that regulation by—a GB Authority other than the Scottish Ministers; orthe NI Authority;

“linseed” means plants of the species specified in column 2 of Schedule 1 in relation to linseed, commonly known as linseed;

“lower germination seed” means seed marketed under regulation 11;

“monoecious hemp” means hemp of monoecious hemp varieties;

“NI Authority” means DAERA;

“NI Variety List” means a list of plant varieties prepared and published by DAERA in accordance with legislation having equivalent effect in Northern Ireland to the Seeds (National Lists of Varieties) Regulations 2001;

“official certificate” means a certificate issued by the Scottish Ministers in accordance with these Regulations and “officially certified” shall be construed accordingly;

“official examination” means–in relation to Seed of a Certified Generation or Commercial Seed–an examination or a test carried out by the Scottish Ministers;if the seed has undergone official post control the results of which have been satisfactory, a field examination carried out by a licensed crop inspector; ora test carried out by a licensed seed testing station; andin relation to Pre basic Seed and Basic Seed–an examination or a test carried out by the Scottish Ministers; ora test carried out by a licensed seed testing station;

“official field inspection” means a field examination of a crop carried out–by a a GB Authority or the NI Authority or an International Authority; orin the case of seed which, if it were fully certified would be Seed of a Certified Generation, or Commercial Seed, and which has been harvested from a crop which has been produced from seed that has undergone official post-control the results of which have been satisfactory, by a field examination of the crop carried out by a licensed crop inspector ...;

“official label” means a label issued by an International Authority ;

“official post control” means a control plot has been sown with seed from the relevant seed lot and has produced plants which have been examined by an International Authority; and “official post control the results of which have been satisfactory” means official post control has been carried out for the relevant seed lot and an International Authority has found, having regard to–the conditions specified in–in the case of the Scottish Ministers–paragraphs 4, 8 and 9 of Part I of Schedule 4;paragraphs 10, 11 and 15(1)(a) of Part II of Schedule 4; and in the case of a GB Authority other than the Scottish Ministers, Parts I and II of schedule 4; the category of the seed to be produced,that the plants produced in the control plot indicate that the corresponding plants in the field are satisfactory plants from which to harvest the relevant category of seed;

“Oil and Fibre Plant Seed Directive” means Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants , as last amended by Commission Implementing Directive (EU) 2020/177;

“PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas), paragraph 1 of the EU Plant Health Regulation;

“professional seed operator” means a seed merchant, a seed packer or a seed processor;

“registered or licensed number” means the number issued to a person who holds a licence granted under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or to a person licensed or registered under provisions equivalent to that regulation by—a GB Authority other than the Scottish Ministers; orthe NI Authority;

“RNQP” means a GB regulated non-quarantine pest within the meaning given in Article 36 (definition of GB regulated non-quarantine pests) of the EU Plant Health Regulation;

“Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;

“seed lot” means an identifiable consignment of seed of a weight not exceeding that specified in column 2 of the table in paragraph 24 of Part II of Schedule 5 for the species specified in column 1 of that table by more than 5%, including a blended seed lot and a bulked seed lot, which bears a unique seed lot reference number;

“small package” means a package containing a net weight of not more than 15 kilograms of fully certified Pre basic Seed, fully certified Basic Seed, Seed of a Certified Generation or Commercial Seed;

“soya bean” means plants of the species specified in column 2 of Schedule 1 in relation to soya bean;

“submitted sample” means a sample of at least the minimum weight of a sample specified in paragraph 24 of Part II of Schedule 5, or in the case of a sample to be submitted to a licensed seed testing station, double the minimum weight of a sample specified in paragraph 24 of Part II of Schedule 5, taken from a seed lot in accordance with the provisions of Part I of Schedule 5;

“sunflower” means plants of the species specified in column 2 of Schedule 1 in relation to sunflower;

“swede rape” means plants of the species specified in column 2 of Schedule 1 in relation to swede rape, including plants commonly known as swede fodder rape and swede oilseed rape;

“test and trial seed” means seed which is the subject of an authorisation of a type described in regulation 8A(1);

“tests and trials authorisation” means an authorisation granted by the Scottish Ministers under regulation 8A(4);

“third country” means any country or territory other than the British Islands;

“turnip rape” means plants of the species specified in column 2 of Schedule 1 in relation to turnip rape, including plants commonly known as turnip fodder rape and turnip oilseed rape;

“UK National List ” means a list of varieties of species of oil and fibre plants for the time being published in accordance with the Seeds (National Lists of Varieties) Regulations 2001[^f00018];

“white mustard” means plants of the species specified in column 2 of Schedule 1 in relation to white mustard.

(2) In these Regulations–

(a) any reference to a numbered regulation, to a numbered Part or to a numbered Schedule is a reference to the regulation, Part or Schedule in these Regulations so numbered; and

(b) any reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference occurs.

Definitions of seed categories

3

In these Regulations–

“Breeder’s Seed” means seed of a generation prior to Basic Seed which has been produced by or under the responsibility of the breeder and is intended for the production of Pre-basic Seed or Basic Seed;

“Pre-basic Seed” means seed of a generation prior to Basic Seed which–other than in relation to a component used in the production of a hybrid variety–has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; andis intended to be used for the production of more Pre-basic Seed, Basic Seed, or with the written authority of the breeder–in the case of black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape or white mustard, Certified Seed;in the case of flax, linseed, monoecious hemp or soya bean, Certified Seed of the First Generation;in the case of flax, linseed, monecious hemp or soya bean, Certified Seed of the Second Generation; orin the case of flax or linseed, Certified Seed of the Third Generation; orin relation to a component of a hybrid variety seed is intended to be used for the production of–more Pre-basic Seed of the component;Basic Seed; orwith the written authority of the breeder, Certified Seed of a hybrid variety; and has been—officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a) or (b) and the requirements for Basic Seed specified in schedule 4; orcertified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) or (b) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;

“Basic Seed” means seed which–in relation to black mustard, brown mustard, flax, hemp, linseed, soya bean, sunflower, swede rape, turnip rape and white mustard, other than a hybrid variety–has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; andis intended to be used for the production of–in the case of black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape or white mustard, Certified Seed;in the case of flax, linseed, monoecious hemp or soya bean, Certified Seed of the First Generation;in the case of flax, linseed, monoecious hemp or soya bean, Certified Seed of the Second Generation; orin the case of flax or linseed, Certified Seed of the Third Generation; orin relation to a component of a hybrid variety, or an inbred line which is a component of a hybrid variety, seed which is intended to be used for the production of Certified Seed of a hybrid variety; orin relation to a simple hybrid which is a component of a hybrid variety, seed which is intended to be used for the production of Certified Seed of a double cross hybrid variety or three way cross hybrid variety, where–“single cross hybrid” means the first generation of a cross between two inbred lines, defined by the breeder;“double cross hybrid” means the first generation of a cross between two single cross hybrids, defined by the breeder; and“three way cross hybrid” means the first generation of a cross between an inbred line and a single cross hybrid, defined by the breeder; and has been—officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a), (b) or (c) and the requirements for Basic Seed specified in schedule 4; orcertified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a), (b) or (c) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;

“Certified Seed” means seed which, in relation to black mustard, brown mustard, dioecious hemp, sunflower, swede rape, turnip rape and white mustard including hybrids–has been produced directly from Basic Seed or, with the breeder’s written authority, from Pre basic Seed;is intended for purposes other than the production of oil and fibre plant seed; and has been—officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed specified in schedule 4; orcertified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed in the relevant part of the United Kingdom;

“Certified Seed of the First Generation” means seed of flax, linseed, monoecious hemp or soya bean which–has been produced directly from Basic Seed or, with the written authority of the breeder, from Pre basic Seed;is intended–for the production of Certified Seed of the Second Generation;in the case of flax or linseed for the production of Certified Seed of the Third Generation; orfor purposes other than the production of oil and fibre plant seed; and has been—officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation specified in schedule 4; orcertified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the First Generation in the relevant part of the United Kingdom;

“Certified Seed of the Second Generation” means seed of flax, linseed, monoecious hemp or soya bean which–in the case of flax, linseed or soya bean–has been produced directly from the Basic Seed, Certified Seed of the First Generation or, with the written authority of the breeder, from Pre basic Seed;is intended–in the case of flax or linseed, for the production of Certified Seed of the Third Generation; orin the case of flax, linseed or soya bean for purposes other than the production of oil and fibre plant seed; and has been—officially certified as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the requirements for Certified Seed of the Second Generation specified in schedule 4; orcertified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the applicable requirements for Certified Seed of the Second Generation in the relevant part of the United Kingdom;in the case of monoecious hemp–has been produced directly from Certified Seed of the First Generation which has been established and officially controlled with a special view to the production of Certified Seed of the Second Generation;is intended for the production of hemp to be harvested in flower; and has been—officially certified as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the requirements for Certified Seed of the Second Generation specified in schedule 4; orcertified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in sub-paragraphs (i) and (ii) and the applicable requirements for Certified Seed of the Second Generation in the relevant part of the United Kingdom;

“Certified Seed of the Third Generation” means seed of flax or linseed which–has been produced directly from Basic Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation or, with the written authority of the breeder, from Pre basic Seed;is intended for purposes other than the production of oil and fibre plant seed; and has been—officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Third Generation specified in schedule 4; orcertified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the Third Generation in the relevant part of the United Kingdom;

“Commercial Seed” means seed of black mustard which–is identifiable as to its species; and has been—officially certified as satisfying the conditions specified in paragraph (a) and the requirements for Commercial Seed specified in schedule 4; orcertified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraph (a) and the applicable requirements for Commercial Seed in the relevant part of the United Kingdom;

“Seed of a Certified Generation” means Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation and Certified Seed of the Third Generation.

Definition of marketing

4

(1) In these Regulations “marketing” means–

(a) selling, holding with a view to sale and offering for sale; and

(b) any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,

whether or not for consideration, and “market” and “marketed” shall be construed accordingly.

(2) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations:–

(a) the supply of seed to official testing and inspection bodies; or

(b) the supply of seed to any person for the purposes of processing or packaging the seed provided that person does not acquire title to the seed supplied,

shall not be treated as marketing of seed of that variety.

Seed to which the Regulations apply

5

(1) Subject to paragraph (2), these Regulations apply to oil and fibre plant seed of the species specified in Schedule 1, being seed intended to be used only for the production of agricultural crops other than for ornamental purposes.

(2) These Regulations do not apply to seed intended for export outside the United Kingdom (other than regulation 13A (certification and labelling for export)).

PART II — MARKETING

Marketing of seed

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[^f00019] accepted on to a GB Variety List or an NI Variety List and which is fully certified Pre-basic Seed, fully certified Basic Seed, Seed of a Certified Generation or seed of a Conservation Variety; or

(iii) Breeder’s Seed.

(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

(i) 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 ... for the relevant category of seed; or

(ii) 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 ... the official examination referred to in paragraph 2(c) of Part I of Schedule 2, the examination referred to in paragraph 2(b) of Part I of Schedule 4A or for an examination or test carried out by an International 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 outside 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 10 of Part V of Schedule 6.

Mixtures

7

Regulation 6(1) shall not prevent the marketing of a mixture of seed permitted by the Fodder Plant Seed (Scotland) Regulations 2005 which includes seed of a species to which these Regulations apply which–

(a) fell within regulation 6(1)(b)(i) or (ii); and

(b) complied with the provisions of these Regulations,

before mixing with the fodder plant seed.

Exception for scientific selection work and for tests and trials

8

(1) Regulation 6(1)(b) shall not apply to the marketing by a producer of small quantities of seed for scientific purposes or selection work for which–

(a) an authorisation has been granted to the producer by the Scottish Ministers in accordance with this regulation; or

(b) an authorisation has been granted to the producer, in respect of small quantities of seed for scientific purposes or selection work in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

(i) a GB Authority other than the Scottish Ministers; or

(ii) the NI Authority.

(2) A producer established in Scotland may apply to the Scottish Ministers for authorisation under this regulation.

(3) An application under paragraph (2) shall be made in writing to the Scottish Ministers and shall be accompanied by such information as the Scottish Ministers may require.

(4) The Scottish Ministers may only grant an authorisation under this regulation in respect of a genetically modified variety if the marketing and release of the genetically modified material by the applicant has been authorised—

(a) before the day on which IP completion day falls, under Part C of the 2001 Deliberate Release Directive,

(b) under the Food and Feed Regulation, or

(5) An authorisation under this regulation may–

(a) specify the amount of seed which may be marketed under it; and

(b) impose such conditions as the Scottish Ministers think necessary or desirable having regard to the nature of the scientific purposes or selection work involved and the nature of the seed to which the authorisation relates, including a condition relating to the keeping of records in respect of the marketing of the seed.

Varietal associations

9

(1) Regulation 6(1)(b) shall not apply to the marketing of a varietal association of seed–

(a) to which these Regulations apply; and

(b) the female and male components of which–

(i) have been dressed using a different coloured dressing; and

(ii) have been mechanically combined in proportions notified by the person responsible for the maintenance of the pollinator-dependent hybrid and pollinator within the varietal association, to

(aa) a GB Authority other than the Scottish Ministers; or

(bb) the NI Authority.

(2) Subject to paragraph (3), the person responsible for the maintenance of the pollinator-dependent hybrid and pollinator within a varietal association may notify the Scottish Ministers of the proportions of the pollinator-dependent hybrid and pollinator within the varietal association.

(3) In a case where different persons are responsible for the maintenance of the pollinator-dependent hybrid and pollinator within a varietal association, those persons may notify the Scottish Ministers of the proportions of the pollinator-dependent hybrid and pollinator agreed by them within the varietal association.

(4) A notification given under paragraph (2) or (3) shall be made in such form and manner as the Scottish Ministers may require and be accompanied by such information and other documents as the Scottish Ministers may require.

(5) The Scottish Ministers shall acknowledge the receipt of each notification that they receive under paragraph (2) or (3).

(6) In this regulation–

“pollinator-dependent hybrid” means a male-sterile component within a varietal association (female component);

“pollinator” means a component shedding pollen within a varietal association (male component); and

“varietal association” means an association of Certified Seed of a specified pollinator dependent hybrid accepted on to a GB Variety List or an NI Variety List with Certified Seed of one or more specified pollinators similarly accepted.

General exemptions

10

(1) Subject to paragraphs (2) and (3), the Scottish Ministers may, by a general licence, exempt any person or class of persons, or persons generally, from compliance with any provision of these Regulations.

(2) The Scottish Ministers may exercise the power under paragraph (1)—

(a) for the purposes of a temporary experiment seeking improved alternatives to provisions of these Regulations and organised in accordance with regulations made under section 16(5) of the Act; or

(b) to the extent that the provisions of the general licence are—

(i) necessary in order to overcome any temporary difficulties in the supply of basic or certified seed—

(aa) by permitting the marketing of seed of a category subject to less stringent requirements, or of seed of a variety not included in a GB Variety List or an NI Variety List;

(bb) for a specified period; and

(cc) in quantities necessary to resolve the supply difficulties; or

(ii) permitted by Commission Regulation 217/2006 or an authorisation granted thereunder.

(2A) The duration of a temporary experiment referred to in paragraph (2)(a) must not exceed 7 years.

(2B) When seed is marketed in accordance with paragraph (2)(b)(i), the following labelling requirements apply—

(a) for a category of seed of any given variety, the official label must be that provided for the corresponding category;

(b) for seed of varieties not included in a GB Variety List or an NI Variety List the official label must be that provided for commercial seed;

(3) A general licence issued under paragraph (1)–

(a) shall have effect during the period specified in it unless the Scottish Ministers revoke it earlier; and

(b) may impose such conditions as the Scottish Ministers may think necessary or desirable having regard to the marketing permitted by the general licence and the nature of the seed to which it relates, including a condition relating to the keeping of records in respect of the marketing of the seed.

Marketing of officially certified lower germination seed

11

(1) Notwithstanding regulation 6(1)(b) and the requirement in regulation 3 that Pre-basic Seed and Basic Seed shall attain the minimum standards of germination specified for Basic Seed in Part II of Schedule 4 ..., any person may, subject to paragraphs (2) and (3) and regulation 17(6) and the other provisions of these Regulations, market seed–

(a) in respect of which an official certificate certifying that the seed is of the relevant category of seed has been issued in accordance with Part I of Schedule 2, although it attains a lower percentage of germination than that specified in paragraph 13 of Part II of Schedule 4 in relation to Basic Seed by virtue of exception (ii) of paragraph 2 of Part I of Schedule 2;

(b) which has been certified as satisfying the conditions for the relevant category of seed although it attains a lower percentage of germination than that specified in paragraph 13 of Part II of Schedule 4 in relation to Basic Seed—

(i) by a GB Authority other than the Scottish Ministers, in accordance with the applicable requirements in the relevant part of Great Britain; or

(ii) by the NI Authority, in accordance with the applicable requirements in Northern Ireland; or,

(c) which the person marketing the seed knows does not satisfy the minimum standards of germination specified for Basic Seed–

(i) in the case of seed which has been officially certified as being Pre basic Seed or Basic Seed, in paragraph 13 of Part II of Schedule 4, irrespective of the findings of the Scottish Ministers; and

(ii) in the case of seed which has been fully certified as being Pre-basic Seed or Basic Seed—

(aa) by a GB Authority other than the Scottish Ministers, in the applicable requirements in the relevant part of Great Britain, irrespective of the findings of the GB Authority; or

(bb) by the NI Authority, in the applicable requirements in Northern Ireland, irrespective of the findings of the NI Authority.

(2) Paragraph (1) shall not apply unless the person marketing the seed guarantees a specific minimum percentage of germination of the seed.

(3) Paragraph (1) shall not apply to seed which has been imported into Great Britain from a country granted equivalence.

Marketing of early movement seed

12

(1) In a case where–

(a) the official examination in respect of the germination of any seed lot of seed of a plant variety of a species specified in Part I (varieties of plant species on national lists) of Schedule 1 to the Seeds (National Lists of Varieties) Regulations 2001 accepted on to a GB Variety List or an NI Variety List has not been completed, but a provisional germination report has shown that the seed attains the appropriate minimum standard of germination specified in paragraph 13 of Part II of Schedule 4 and the seed in all other respects satisfies the appropriate requirements of Schedule 4; or

(i) any seed lot has, in order to make seed rapidly available, been certified by—

(aa) a GB Authority other than the Scottish Ministers; or

(bb) the NI Authority; and

(ii) the provisional germination report on the seed has been presented by the producer to the Scottish Ministers,

the seed lot or any part of the seed lot may, notwithstanding regulation 6(1)(b) but subject to paragraphs (2) to (5), regulation 17(7) and the other provisions of these Regulations, be marketed to the first buyer by way of trade.

(2) In the event of any marketing under paragraph (1), the seller of the seed shall–

(a) upon or before delivery, provide the first buyer by way of trade with a written statement that the seed is marketed before the completion of the official germination test together with the result in the provisional germination report;

(b) notify the Scottish Ministers in writing of the name and address of the first buyer by way of trade as soon as practicable after delivery and in any event not later than seven days after delivery;

(c) guarantee a specific minimum percentage of germination, which shall be the percentage of the germination of the seed as ascertained in the provisional germination report; and

(d) in the event of the official germination test showing the failure of the seed to comply with the minimum germination standard specified in paragraph 13 of Part II of Schedule 4 for seed of the relevant category, the seller shall provide the first buyer by way of trade with the result of the completed official germination test, in writing, as soon as practicable and in any event not later than seven days after being informed of it.

(3) The provisions of paragraph (1) shall not apply to the marketing of any seed lot or part of any seed lot in respect of which a previous official examination or an examination by a GB Authority, other than the Scottish Ministers, or the NI Authority has shown that the seed fails to meet the standards specified for the relevant category of seed in Part II of Schedule 4 ....

(4) A person who sells any seed in accordance with paragraph (1) shall make and, until the end of the period of two years after the date of delivery of the seed to the first buyer by way of trade, keep available for inspection by the Scottish Ministers a record of the date of such delivery, of the reference number of the seed lot or part of a seed lot delivered, of the name and address of the first buyer by way of trade, of the date on which the preliminary test of germination was carried out and of the result of that test in the provisional germination report and, if appropriate, of the date on which the first buyer by way of trade was informed of the result of the completed official germination test.

(5) Paragraph (1) shall not apply to seed which has been imported into Great Britain from a country granted equivalence.

Requirement for homogeneity

13

No person shall market seed in accordance with regulation 6(1)(b)(i) or (ii), 11 or 12 unless it is marketed in a homogeneous seed lot or in part of a homogeneous seed lot.

PART III — PROCEDURES FOR ISSUING OFFICIAL CERTIFICATES

Applications for official certificates

14

(1) An application in respect of a seed lot for the issue of an official certificate certifying the seed to be Pre basic Seed, Basic Seed, Seed of a Certified Generation, Commercial Seed or seed of a Conservation Variety–

(a) shall be made in writing to the Scottish Ministers in such form and manner, and shall include such information, records, illustrations, material and seed as the Scottish Ministers may require; and

(b) shall be made not later than 31st December in the year following the year of harvest of the crop from which the seed lot is obtained or within such other time as the Scottish Ministers may allow.

(2) Where an application for the issue of an official certificate is made to the Scottish Ministers in accordance with paragraph (1) the Scottish Ministers shall, subject to paragraph (3), deal with the application in accordance with the provisions of Part I of Schedule 2 or, in the case of seed of a Conservation Variety, Part 1 of Schedule 4A.

(3) Where a breeder applies to the Scottish Ministers for the issue of an official certificate in accordance with paragraph (1), in respect of a seed lot which already has a breeder’s confirmation after the variety of the seed in that seed lot has been accepted on to a GB Variety List or an NI Variety List or, if the seed in the seed lot is a component of a hybrid variety of oilseed rape, after the hybrid variety has been accepted on to a GB Variety List or an NI Variety List, the Scottish Ministers shall issue an official certificate in respect of that seed lot provided they are satisfied that–

(a) the seed is the seed in respect of which the breeder’s confirmation was issued;

(b) the breeder’s confirmation has not been withdrawn pursuant to regulation 19(3);

(d) there is no reason why the breeder’s confirmation should be withdrawn pursuant to regulation 19(3).

(4) An official certificate which has been issued by the Scottish Ministers may be withdrawn by them in respect of either the whole of a seed lot or any part of a seed lot if–

(a) the results of an official examination of the sample taken from the seed lot in respect of which the official certificate has been issued are deemed to be null and void in accordance with regulation 15(2);

(b) on the basis of information received by them, the Scottish Ministers are satisfied that the crop from which the seed in the seed lot was harvested did not meet the conditions laid down in Part I of Schedule 4 or, in the case of a Conservation Variety, Part III of Schedule 4A;

(c) on the basis of information received by them, the Scottish Ministers are satisfied that the seed in the seed lot, or part of the seed lot–

(i) did not meet the conditions laid down in Part II of Schedule 4 or, in the case of a Conservation Variety, Part IV of Schedule 4A at the time the seed was tested for seed certification purposes, which includes the purpose of issuing a breeder’s confirmation; or

(ii) although it met the conditions in Part II of Schedule 4 or, in the case of a Conservation Variety, Part IV of Schedule 4A at the time of such testing no longer meets them; or

(d) the licensed seed sampler who sampled the seed lot or the licensed crop inspector ... who inspected the crop, did so in breach of any of the terms of the licensed seed sampler's, or licensed crop inspector's ... licence,

and any seed from which an official certificate has been so withdrawn shall be deemed not to have been officially certified.

(5) The Scottish Ministers may withdraw the official certificate in respect of a seed lot, or any part of a seed lot, by giving notice to–

(a) the person who made an application in respect of the seed lot under paragraph (1); or

(b) any person marketing, or who has marketed, any of the seed.

(6) Where, in accordance with paragraph (5), the official certificate in respect of a seed lot, or part of a seed lot, is withdrawn under paragraph (4), the Scottish Ministers may notify–

(a) the person who made an application under paragraph (1) in respect of the seed lot;

(b) any person marketing, or who has marketed, any of the seed; and

that the official certificate in respect of the seed lot, or part of a seed lot, as the case may be, has been withdrawn.

(7) Where the official certificate in respect of a seed lot, or part of a seed lot, is withdrawn under paragraph (4), any seller of the seed shall, as soon as practicable and in any case not later than 7 days after being informed of it, notify the purchaser, in writing, that the official certificate has been withdrawn and that the seed is deemed not to have been officially certified.

Sampling

15

(1) A sample of seed taken for the purposes of an official examination shall be taken–

(i) by a International Authority; or

(ii) by a licensed seed sampler in accordance with the terms of the licensed seed sampler’s licence;

(b) in accordance with the methods specified in Part I of Schedule 5; and

(1A) A sample of seed of a Conservation Variety taken for the purposes of checking compliance with these Regulations shall comply with paragraph (1)(b) and (c) and Part II of Schedule 5.

(2) If a sample from a seed lot submitted or taken for the purpose of an official examination–

(a) is found not to have been taken in accordance with paragraph (1);

(b) is taken from a seed lot which, subject to paragraph 23 of Part II of Schedule 5, does not comply with paragraph 22 of Part II of Schedule 5;

(d) is otherwise found not to have been taken in accordance with the seeds regulations,

no, or no further, official examination of that sample shall be made under these Regulations, and any findings or results obtained in the course of any official examination of that sample, or from inspecting plants grown in a plot which has been sown with seed from that sample, shall be deemed to be null and void and shall be disregarded.

(3) For the avoidance of doubt, the provisions of this regulation apply for the purposes of issuing a breeder’s confirmation, as they do for the purposes of issuing an official certificate.

PART IV — PACKAGING AND LABELLING REQUIREMENTS FOR FULLY CERTIFIED SEED

Sealing of packages of fully certified seed

16

(1) Subject to regulation 18, no person shall market in accordance with regulation 6(1), 8A, 8B, 9, 11 or 12 a package (other than a small package sealed in accordance with paragraph (4)) of Commercial Seed, Pre-basic Seed, Basic Seed, Seed of a Certified Generation, test and trial seed, seed of a Conservation Variety, a varietal association to which regulation 9 applies, lower germination seed or early movement seed unless, subject to paragraph (2), it has been–

(a) sealed in Scotland by the Scottish Ministers or a licensed seed sampler with a sealing device in such a manner that when the package is opened the sealing device will be broken and cannot be re used; or

(i) not later than at the time of sampling; or

(ii) in the case of seed which is wholly or partly re packaged, the original package has been not later than at the time of sampling,

(b) sealed in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.

(2) In the case of a package of seed in respect of which the Scottish Ministers have issued an official certificate under regulation 14(3)–

(a) paragraph (1)(a) shall apply as if the words “not later than at the time of sampling” were omitted; and

(b) subject to sub paragraph (a), the package of seed shall be sealed in accordance with paragraph (1)(a) within 7 days of the issue of the official certificate.

(3) If a package of seed which has been sealed in accordance with paragraph (1) is opened it may not be marketed in accordance with regulation 6(1), 8A, 8B, 9, 11 or 12 unless it is re sealed or further re sealed–

(a) in Scotland by the Scottish Ministers or a licensed seed sampler with a sealing device in such a manner that when the package is opened the sealing device is broken and cannot be re-used; or

(b) in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.

(4) No person shall market in accordance with regulation 6(1), 8A, 8B, 9, 11 or 12 a small package of Commercial Seed, Pre basic Seed, Basic Seed, Seed of a Certified Generation, seed of a Conservation Variety, a varietal association to which regulation 9 applies, lower germination seed or early movement seed, unless it has been, or in the case of seed which is wholly or partly re packaged, the original package has been, sealed by the Scottish Ministers, a licensed seed sampler or a person licensed or registered in any part of the United Kingdom as a professional seed operator under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or provisions equivalent to that regulation, not later than at the time of sampling in the United Kingdom with a sealing device in such a manner that when the package is opened the sealing device is broken and cannot be re used.

(5) If a small package of seed which has been sealed in accordance with paragraph (4) is opened, it may not be marketed in accordance with regulation 6(1), 8A, 8B, 9, 11 or 12 unless it is re-sealed or further re-sealed by the Scottish Ministers, a licensed seed sampler or a person licensed or registered in any part of the United Kingdom as a professional seed operator under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or provisions equivalent to that regulation, with a sealing device, in such a manner that when the package is opened the sealing device is broken and cannot be re-used.

(6) No person shall market in accordance with regulation 6(1) a package of Breeder’s Seed unless it is marketed in a package which has been sealed with a sealing device in such a manner that when the package is opened the sealing device is broken and cannot be re-used.

(7) If a package of Breeder’s Seed which has been sealed in accordance with paragraph (6) is opened it may not be marketed in accordance with regulation 6(1) unless it is re-sealed or further re-sealed with a sealing device in such a manner that when the package is opened the sealing device is broken and cannot be re-used.

Labelling of packages of fully certified seed

17

(1) Subject to regulation 18, no person shall market in accordance with regulation 6(1), 8A, 8B, 9, 11 or 12 any Commercial Seed, Pre basic Seed, Basic Seed, Seed of a Certified Generation, test and trial seed, seed of a Conservation Variety, a varietal association to which regulation 9 applies, lower germination seed or early movement seed, except in a package which, not later than at the time of sealing, is labelled, inscribed or otherwise dealt with in accordance with this regulation.

(2) In the case of a package of seed in respect of which the Scottish Ministers have issued an official certificate under regulation 14(3)–

(a) paragraph (1) shall apply as if the words “not later than at the time of sealing” were omitted; and

(b) subject to sub-paragraph (a), the package of seed shall be re labelled in accordance with this regulation within 7 days of the issue of the official certificate.

(3) In the case of seed of a variety which has been genetically modified, any label, document, printing or stamp, whether official or otherwise, affixed to or accompanying a seed lot or any part of a seed lot in accordance with the provisions of this regulation, and any particulars given under regulation 18, shall clearly indicate that the variety has been genetically modified.

(4) A package of Breeder’s Seed shall have affixed on the outside a label containing, as appropriate to the seed, particulars of the matters specified, and being of the colour also specified, in paragraph 3 of Part II of Schedule 6, which shall be either an adhesive label or tear-proof label and shall be affixed, in either case, not later than at the time of sealing.

(4A) A package of a seed of a Conservation Variety shall–

(a) have affixed on the outside a label, which has not previously been used, containing, as appropriate to the seed, particulars of the matters specified, and being of the colour also specified, in paragraph 6B of Part II of Schedule 6, which shall be either an adhesive label or tear proof label and shall be affixed, in either case, not later than at the time of sealing; and

(b) where seed is sealed in any part of the United Kingdom other than Scotland, be labelled in accordance with the requirements for labelling applicable to a Conservation Variety in the relevant part of the United Kingdom.

(5) Subject to paragraph (10), a package (other than a small package sealed in the United Kingdom in accordance with regulation 16(4)) of Commercial Seed, Pre basic Seed, Basic Seed, Seed of a Certified Generation, test and trial seed, a varietal association of seed to which regulation 9 applies, lower germination seed or early movement seed–

(a) which is sealed in Scotland shall have affixed on the outside an official label–

(i) containing, as appropriate to the category of seed and the seed itself, particulars of the matters specified, and being of at least the size and of the colour also specified, in the relevant paragraph of Part II of Schedule 6; and

(ii) which shall be either an adhesive label or a label secured to the package by a sealing device approved by the Scottish Ministers and shall be affixed, in either case, by the Scottish Ministers or a licensed seed sampler; and

(b) which is sealed in any part of the United Kingdom other than Scotland will satisfy the applicable requirements in the relevant part of the United Kingdom,

(6) If in accordance with regulation 11 a person shall market any lower germination seed–

(a) the official label shall contain a statement that the minimum percentage of germination of the seed is less than the minimum percentage of germination for Basic Seed; and

(b) a label affixed to the outside of the package shall contain a statement of the specific minimum percentage of germination of the seed guaranteed by the person marketing the seed in accordance with regulation 11(2) together with the name and address of the seller and the reference number of the seed lot.

(7) If in accordance with regulation 12 a person shall market any early movement seed, a label affixed to the outside of the package shall contain–

(a) a statement that the seed is being sold before the official examination of the germination of that seed lot has been concluded; and

(b) a statement of the specific minimum percentage of germination guaranteed by the person marketing the seed in accordance with regulation 12(2)(c), together with the name and address of the seller and the reference number of the seed lot.

(8) Subject to paragraph (9), a package (other than a small package sealed in the United Kingdom in accordance with regulation 16(4)) of Commercial Seed, Pre-basic Seed, Basic Seed, Seed of a Certified Generation, test and trial seed, a varietal association of seed to which regulation 9 applies, lower germination seed or early movement seed–

(a) which is sealed in Scotland shall contain an official inner label which shall be of the same colour as, and in addition to, the official label affixed to the outside of the package in accordance with paragraph (5) and shall contain particulars of the matters specified in the items numbered–

(i) in the case of Pre basic Seed and lower germination seed to which paragraph 4 of Part II of Schedule 6 is relevant, paragraph 4(a)(iii) to (v) of Part II of Schedule 6;

(ii) in the case of Basic Seed, Seed of a Certified Generation, or lower germination seed to which paragraph 5 of Part II of Schedule 6 is relevant, paragraph 5(a)(iv) to (vi) of Part II of Schedule 6;

(iii) in the case of Commercial Seed, paragraph 6(a)(iv) to (vi) of Part II of Schedule 6; and

(iv) in the case of a varietal association to which regulation 9 applies, paragraph 7(a)(iv) to (vi) of Part II of Schedule 6; and

(b) which is sealed in any other part of the United Kingdom, must contain an official document in accordance with the applicable requirements for official documents and, as the case may be, for labelling of packages of mixtures of seeds, in the relevant part of the United Kingdom.

(9) The official inner label or document referred to in paragraph (8) shall not be required if the particulars specified in paragraphs (3), (8) and (13) are printed indelibly on the outside of the package or if the official label is an adhesive or a tear resistant label.

(10) Notwithstanding paragraph (5), but subject to paragraphs (6) and (7), a package (other than a small package sealed in the United Kingdom in accordance with regulation 16(4)) of Commercial Seed, Basic Seed, Seed of a Certified Generation, test and trial seed, a varietal association of seed to which regulation 9 applies, lower germination seed or early movement seed may be marketed if–

(a) for packages sealed in—

(i) Scotland, the appropriate particulars of the matters specified in Part II of Schedule 6 and paragraphs (3), (12) and (13), are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified;

(ii) any other part of the United Kingdom, the appropriate particulars of the matters specified in accordance with the applicable requirements in the relevant part of the United Kingdom, are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified; and

(b) the requirements of paragraphs 11 to 16 of Part VI of Schedule 6 are satisfied, in the case of a package sealed in Scotland; and

(c) the requirements of paragraph 17 of Part VI of Schedule 6 are satisfied in the case of a package sealed in any other part of the United Kingdom.

(11) A small package sealed in the United Kingdom shall have affixed on the outside a label containing, as appropriate to the category of the seed and the seed itself, particulars of the matters specified in paragraphs (3), (12) and (13) and the relevant paragraph of Part II of Schedule 6, and being of the colour specified in the relevant paragraph of Part II of Schedule 6, except that subject to paragraphs (6) and (7)–

(a) if such particulars are printed indelibly on the outside of the package in a panel of the colour so specified, the label shall not be required; and

(b) if the packaging material is transparent the label may be placed inside the package provided it can be read through the packaging.

(12) Subject to paragraph (10) or (11), if a package of seed has been re sealed in accordance with regulation 16(3) or 20(4) this fact shall be stated on the official label required under paragraph (5) or the label required under paragraph (11), as the case may be, together with the month and year of re sealing and the name of the authority responsible for the re sealing.

(13) If any seed has been subjected to any chemical treatment this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either–

(a) in a case where regulation 18 applies, with the particulars given in accordance with that regulation;

(b) in a case where regulation 18 does not apply–

(i) on a separate label on the package; or

(ii) on the label referred to in paragraph (4), (5) or (11), the official inner label or document referred to in paragraph (8), or the printing or stamp referred to in paragraph (9), (10) or (11),

and also, except where the information prescribed by this paragraph is given on an adhesive or tear resistant label, either on the outside of the package or on a document enclosed inside the package.

(14) The particulars and information given in accordance with this regulation shall be given in English but may, in addition, be given in other languages.

(15) Subject to the provisions of the Act and of these Regulations, no person shall, in the course of the marketing or the preparation for marketing of any seed by that person or by any other person, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label affixed to, contained in or marked on any package of seed or which is to be so affixed, contained or marked.

Marketing of unpacketed seed

18

... A person may sell any seed otherwise than in a package which is sealed, labelled, inscribed or otherwise dealt with in accordance with regulations 16 and 17 where–

(a) the seed is sold in a quantity not exceeding 5 kilograms to the final consumer; and

(b) the seed is taken, in the presence of the final consumer, from a container on which there is clearly and visibly marked, or near which there is clearly and visibly displayed, a statement containing particulars of the matters specified in paragraph 9 of Part IV of Schedule 6.

PART V — PROCEDURES FOR ISSUING BREEDER'S CONFIRMATIONS

Breeder’s confirmations

19

(1) An application for the issue of a breeder’s confirmation for Pre-basic Seed or Basic Seed in respect of a seed lot–

(a) shall be made in writing by the breeder to the Scottish Ministers in such form and manner, and shall include such information, records, illustrations, material and seed, as the Scottish Ministers may require; and

(b) shall be made not later than 31st December in the year following the year of harvest of the crop from which the seed lot is obtained or within such other time as the Scottish Ministers may allow; and

(i) for seed of a variety for which an application has been made to have that variety accepted on to a GB Variety List or an NI Variety List; or

(ii) for seed of a component of a hybrid variety of oilseed rape for which hybrid variety an application has been made to have that hybrid variety accepted on to a GB Variety List or an NI Variety List.

(2) Where an application for the issue of a breeder’s confirmation is made to the Scottish Ministers in accordance with paragraph (1) the Scottish Ministers shall deal with the application in accordance with the provisions of Part II of Schedule 2.

(3) A breeder’s confirmation which has been issued by the Scottish Ministers may be withdrawn by them in respect of either the whole of a seed lot or any part of a seed lot if–

(a) the results of an official examination of the sample taken from the seed lot in respect of which the breeder’s confirmation has been issued are declared null and void in accordance with regulation 15(2);

(b) on the basis of information received by them, the Scottish Ministers are satisfied that the crop from which the seed in the seed lot was harvested did not meet the conditions specified in Part I of Schedule 4; or

(c) on the basis of information received by them, the Scottish Ministers are satisfied that the seed in the seed lot, or part of the seed lot–

(i) did not meet the conditions laid down in Part II of Schedule 4 at the time the seed was tested for breeder’s confirmation purposes; or

(ii) although it met the conditions in Part II of Schedule 4 at the time of such testing no longer meets them,

and any seed from which a breeder’s confirmation has been so withdrawn shall be deemed not to have had a breeder’s confirmation.

(4) The Scottish Ministers may withdraw the breeder’s confirmation in respect of a seed lot, or any part of a seed lot, by giving notice to the person who made an application in respect of the seed lot under paragraph (1).

PART VI — PACKAGING AND LABELLING REQUIREMENTS RELATING TO BREEDER'S CONFIRMATION

Sealing of packages of seed in relation to breeder’s confirmation

20

(1) No person shall have in their possession any package of seed in respect of which a breeder’s confirmation for Pre basic Seed or Basic Seed has been applied for or issued unless it has been sealed in accordance with this regulation by the Scottish Ministers or a licensed seed sampler with a sealing device in such manner that when the package is opened the sealing device will be broken and cannot be re used.

(2) Sealing under paragraph (1) shall take place not later than at the time of sampling or, in the case of seed which is wholly or partly re packaged, the sealing of the original package shall take place no later than that time.

(3) Subject to paragraph (4), no person shall open a package of seed which has been sealed in accordance with paragraph (1) or re sealed in accordance with paragraph (4) except–

(a) for the purpose of sowing all the seed;

(b) where–

(i) some of the seed is sown immediately after the package is opened;

(ii) the rest of the seed remains in the package after the seed is sown in accordance with sub-paragraph (i); and

(iii) the package is re sealed immediately after the seed is sown in accordance with sub-paragraph (i); or

(4) If a package of seed which has been sealed in accordance with paragraph (1), or re-sealed in accordance with this paragraph, is in accordance with paragraph (3) or otherwise, opened neither it nor any other package containing any of that seed may be sealed, re sealed or further re sealed, as the case may be, except by the Scottish Ministers or a licensed seed sampler.

(5) If the details on any label required by regulation 21 cease to be correct as a consequence of any action of the kind described in paragraph (3) the label shall be replaced by the Scottish Ministers or a licensed seed sampler at the time the package is re sealed under paragraph (4).

Labelling of packages of seed in relation to breeder’s confirmation

21

(1) No person shall have in their possession any package of seed in respect of which a breeder’s confirmation has been applied for unless it has been, not later than the time of sealing under regulation 20, labelled, inscribed or otherwise dealt with in accordance with this regulation.

(2) In the case of seed of a variety which has been genetically modified, any label, document, printing or stamp, whether official or otherwise, affixed to or accompanying a seed lot or any part of a seed lot in accordance with the provisions of this regulation, shall clearly indicate that the variety has been genetically modified.

(3) Packages of seed in respect of which a breeder’s confirmation has been applied for shall have affixed on the outside an official label–

(a) containing, as appropriate to the category of seed and the seed itself, particulars of the matters specified, and being of at least the size and of the colour also specified, in the relevant paragraph of Part II of Schedule 6; and

(b) which shall be–

(i) either an adhesive label or a label secured to the package by a sealing device approved by the Scottish Ministers;

(ii) affixed, in either case, by the Scottish Ministers or a licensed seed sampler; and

(iii) overstamped “not certified”.

(4) If in accordance with paragraphs 5 and 6(c) of Part II of Schedule 2 a breeder’s confirmation has been issued in respect of seed of a lower percentage of germination than that specified for Basic Seed in Part II of Schedule 4–

(a) the official label, or the particulars printed or stamped on the package in accordance with paragraph (5), shall contain a statement that the minimum percentage of germination of the seed is less than the minimum percentage of germination for Basic Seed; and

(b) where possession of the package is transferred to another person, the transferor shall–

(i) guarantee a specific minimum percentage of germination of the seed; and

(ii) affix a label to the outside of the package containing a statement of the specific minimum percentage of germination of the seed guaranteed by the person transferring possession of the seed together with the name and address of the transferor and the reference number of the seed lot.

(5) Notwithstanding paragraphs (2) to (4) and (9), a package of seed need not be labelled if–

(a) the appropriate particulars of the matters specified in the relevant paragraph of Part II of Schedule 6 and paragraphs (2), (4), (8) and (9) are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified and over stamped “not certified”; and

(b) the requirements of paragraphs 11 to 14 and 16 of Part VI of Schedule 6 are satisfied.

(6) Subject to paragraph (7), a package of seed for which a breeder’s confirmation has been issued shall contain an official inner label which shall be of the same colour as, and in addition to, the official label affixed to the outside of the package in accordance with paragraph (3) and shall contain particulars of the matters specified in the items numbered–

(i) in the case of Pre-basic Seed and lower germination seed to which paragraph 4 of Part II of Schedule 6 is relevant, paragraph 4(a)(iii) to (v) of Part II of Schedule 6; and

(ii) in the case of Basic Seed and lower germination seed to which paragraph 5 of Part II of Schedule 6 is relevant, paragraph 5(a)(iv) to (vi) of Part II of Schedule 6.

(7) The official inner label referred to in paragraph (6) shall not be required if the particulars specified in paragraphs (2), (6) and (8) are printed indelibly on the outside of the package or if the official label is an adhesive or tear resistant label.

(8) If a package of seed has been re sealed in accordance with regulation 20(4) this fact shall be stated on the official label required in terms of paragraph (3), and if an official certificate is issued in respect of the seed, on the official label required in terms of regulation 17(12), together with the month and year of re sealing and the name of the authority responsible for the re sealing.

(9) If any seed has been subjected to any chemical treatment this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either–

(a) on a separate label on the package; or

(b) on the label referred to in paragraph (3) or (4) or the printing or stamp referred to in paragraph (5),

and also, except where the information prescribed by this paragraph is given on an adhesive or tear resistant label, either on the outside of the package or as a document enclosed inside the package.

(10) The particulars and information given in accordance with this regulation shall be given in English but may also be given in other languages.

(11) For the purposes of this regulation, references in Schedule 6 to the “certifying authority” shall, in the case of a breeder’s confirmation, be taken to be references to that authority as issuer of the breeder’s confirmation.

(12) Subject to the provisions of the Act and of these Regulations, no person shall wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label affixed to, contained in or marked on any package of seed or which is to be so affixed, contained or marked, except as may occur in the course of opening the package for the purposes of regulation 17(2)(b) or 20(3).

PART VII — MISCELLANEOUS

Comparative tests and trials

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil liabilities of sellers of seed

23

(1) The particulars given to a purchaser by the seller of seed to which these Regulations apply, whether given in pursuance of these Regulations expressly or by implication arising from the description under which the seed is sold, shall constitute a statutory warranty for the purpose of section 17 of the Act in so far as they relate to the category of the seed, the percentage germination of the seed, the percentage analytical purity of the seed, the content of seed of other plant species, the varietal identity and the varietal purity of the seed or, in the case of a mixture of seed permitted by regulation 7, of each of its constituents to which these Regulations apply.

(2) Section 17(2) of the Act shall apply to any particulars given to a purchaser by the seller of seed, being particulars given or implied as in paragraph (1), in so far as they relate to the percentage germination, the percentage analytical purity, or the content of seed of other plant species and there are hereby prescribed in respect of such matters the limits of variation set out in Schedule 7.

(3) Section 17(3) of the Act shall apply to any particulars given to a purchaser by the seller of the seed, being particulars given or implied as in paragraph (1), in so far as they relate to the percentage germination, the percentage analytical purity or the content of seed of other plant species.

(4) A purchaser who intends to obtain a test of seed for the purposes of section 17(3) of the Act shall, not more than 10 days after delivery to that purchaser of the seed, give to the seller written notice of the purchaser’s intention and thereupon the seller may indicate a day (not being more than 21 days after delivery of the seed to the purchaser) and a reasonable time on that day at which a sample of the seed may be taken in the presence of the seller or the seller’s representative and the purchaser shall afford to the seller reasonable facilities for that purpose.

(5) On the day and at the time appointed by the seller in accordance with paragraph (4) or, if the seller fails to appoint such a day and time, on a day not more than 28 days after delivery of the seed to the purchaser, the purchaser or the purchaser’s representative may, and if the seller or the seller’s representative is present shall, take a sample from the relevant seed lot or part of a seed lot sold to the purchaser, which sample shall be at least twice the minimum weight prescribed in paragraph 24 of Part II of Schedule 5.

(6) A sample taken in accordance with the requirements of paragraph (5) shall be taken, and divided by the purchaser or the purchaser’s representative into two parts in accordance with the methods specified in Part I of Schedule 5, each part being of at least the minimum weight prescribed in paragraph 24 of Part II of Schedule 5, of which one part shall be sent to the Chief Officer of the Official Seed Testing Station for Scotland for the purpose of being tested and the other part delivered or tendered to the seller or the seller’s representative or, if the seller or the seller’s representative was not present when the sample was taken, sent to the seller by post.

Service of notices

24

(1) Any notice required by virtue of these Regulations to be given to any person by the Scottish Ministers may be given by them–

(a) by delivering it to that person or by leaving it at that person’s proper address or by sending it by post to that person at that address;

(b) if the person is a body corporate other than a limited liability partnership, by giving it in accordance with sub-paragraph (a) to the secretary of the body;

(c) if the person is a limited liability partnership, by giving it in accordance with sub-paragraph (a) to a member of the partnership; or

(d) if the person is a partnership, by giving it in accordance with sub-paragraph (a) to a partner or a person having control of the management of the partnership business.

(2) For the purposes of this regulation and section 7 (service of documents by post) of the Interpretation Act 1978[^f00024] in its application to this regulation, the proper address of any person to whom a notice is to be given shall be that person’s last known address, except that–

(a) in the case of a professional seed operator, a crop inspector or a seed sampler licensed under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016, it is the address which could be made available by the Scottish Ministers under regulation 10 of those Regulations; and

(b) in other cases it shall be–

(i) in the case of a body corporate (other than a limited liability partnership) or its secretary, the address of the registered or principal office of the body;

(ii) in the case of a limited liability partnership or a member of the partnership, the address of the registered or principal office of the partnership; and

(iii) in the case of a partnership or a partner or a person having the control or management of a partnership business, the address of the principal office of the partnership.

(3) Paragraph (4) applies if a person to be given a notice under these Regulations by the Scottish Ministers has specified to them an address within the United Kingdom other than that person’s proper address (as determined under paragraph (2)) as the one at which that person or someone on that person’s behalf will accept notices of that description.

(4) In relation to that notice, that address shall be treated as that person’s proper address for the purposes of this regulation and section 7 (service of documents by post) of the Interpretation Act 1978 in its application to this regulation, instead of that determined under paragraph (2).

Written and electronic communication

25

(1) All applications, approvals, authorisations, notices, notifications and statements to which these Regulations apply shall be made in writing.

(2) “Writing” in paragraph (1) includes an electronic communication as defined in the Electronic Communications Act 2000[^f00026], which has been recorded and is consequently capable of being reproduced, provided that–

(a) any document of the type referred to in paragraph (1) shall only be sent to the Scottish Ministers by an electronic communication if the Scottish Ministers have represented that electronic communication is a means by which persons can send such a document to them; and

(b) notifications required to be sent by the Scottish Ministers to any person shall only be made by an electronic communication if the intended recipient has used the same form of electronic communication in communicating with the Scottish Ministers for the purpose of these Regulations or has otherwise represented that that form of electronic communication is a means by which the Scottish Ministers can communicate with them.

Amendment to the Seeds (Fees) (Scotland) Regulations 2002

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocations and transitional provisions

27

(1) Subject to paragraph (2), the Regulations set out in column 1 of Schedule 8 are revoked to the extent specified in the corresponding entry in relation to those Regulations in column 3 of Schedule 8.

(2) Subject to regulation 5 and paragraph (3), the provisions of these Regulations shall–

(a) apply to hemp seed, varietal associations of seed and seed of hybrid varieties, from the coming into force date of these Regulations; and

(b) not apply to seed other than seed to which paragraph (2)(a) applies, harvested on or before the coming into force date of these Regulations until 1st July 2005.

(3) Subject to regulation 5, regulation 22 shall apply to all seed from the coming into force date of these Regulations.

(4) Section 17 (repeal and re enactment) of the Interpretation Act 1978 shall not apply in relation to general licences granted under the Oil and Fibre Plant Seeds Regulations 1993.

SCHEDULE 1 — SPECIES OF SEED TO WHICH THE REGULATIONS APPLY

Column 1	Column 2
Common Name	Latin Name
(a)See regulation 2(1) for the definitions of “dioecious hemp”, “hemp” and “monoecious hemp”.	(a)See regulation 2(1) for the definitions of “dioecious hemp”, “hemp” and “monoecious hemp”.
(b)See regulation 2(1) for the definition of “swede rape”.	(b)See regulation 2(1) for the definition of “swede rape”.
Black mustard	Brassica nigra (L.) W.D.J. Koch
Brown mustard	Brassica juncea (L.) Czern.
Hemp	Cannabis sativa L.
Flax	Linum usitatissimumL.
Linseed	Linum usitatissimumL.
Soya bean	Glycine max (L.) Merr.
Sunflower	Helianthus annus L.
Swede rape	Brassica napusL. (partim)
Turnip rape	Brassica rapaL. var. silvestris (Lam.) Briggs
White mustard	Sinapis alba L.

SCHEDULE 2 — OFFICIAL CERTIFICATES AND BREEDER'S CONFIRMATIONS

PART I — OFFICIAL CERTIFICATES

Applications for seed harvested in the United Kingdom

1

On receipt of an application made in accordance with regulation 14(1) ... for the issue of an official certificate in respect of a seed lot as Pre-basic Seed[^f00031], Basic Seed[^f00032], Seed of a Certified Generation[^f00033] or Commercial Seed[^f00034], the Scottish Ministers shall, subject to paragraphs 2 and 3, issue in respect of such a seed lot an official certificate containing the particulars specified in paragraph 1 of Schedule 3.

When applications will be refused

2

The Scottish Ministers shall refuse to issue an official certificate in respect of a seed lot unless–

(a) an application has been made to the Scottish Ministers, in writing in such form and manner and at such time as the Scottish Ministers may require, and has been accompanied by such information material, records, illustrations and other documents as they may require, in respect of–

(i) the seed lot or seed lots to be used for the production of the crop or crops from which is to be or has been obtained the seed lot in respect of which the application for an official certificate has been made; and

(ii) the crop or crops from which the seed lot is to be or has been obtained;

(b) an official examination of the crop or crops from which was obtained the seed lot in respect of which the application for an official certificate has been made has shown that the crop or crops met the standards appropriate to the category of seed referred to in the application specified in Part I of Schedule 4; and

(c) an official examination of a sample of the seed lot has shown that the seed lot meets the standards appropriate to the relevant category of seed referred to in the application specified in Part II of Schedule 4,

except that–

(i) paragraphs 2(a) and (b) shall not apply in relation to an application for the issue of an official certificate in respect of Commercial Seed; and

(ii) paragraph 2(c), in so far as it relates to standards of percentage of germination specified in paragraph 13 of Part II of Schedule 4, shall not apply in relation to an application for the issue of an official certificate in respect of lower germination seed.

When applications may be refused

3

The Scottish Ministers may refuse to issue an official certificate in respect of a seed lot if it appears to them that–

(a) a sample taken from the seed lot for the purpose of an official examination to ascertain whether the seed lot meets the appropriate standards specified in Part II of Schedule 4 has not been taken in accordance with regulation 15(1);

(b) an official examination of a control plot sown with a sample of the seed lot sown in the field shows that the crop does not meet the appropriate standards specified in Part I of Schedule 4; or

(c) there has been any breach of seeds regulations in relation to the seed lot in respect of which the application for an official certificate has been made.

Applications for seed harvested in an EEA State or third country

4

(1) Notwithstanding paragraphs 2 and 3, and subject to sub-paragraphs (2) and (3), on receipt of an application made in accordance with regulation 14(1) for the issue of an official certificate in respect of a seed lot as Pre basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed, the Scottish Ministers may issue an official certificate in respect of the seed lot containing the particulars specified in paragraph 1 of Schedule 3.

(2) An official certificate may only be issued under sub-paragraph (1) if—

(a) the seed has been—

(i) produced directly from—

(aa) fully certified Basic Seed or Certified Seed of the First Generation; or

(bb) seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed or Certified Seed of the First Generation in accordance with these Regulations;

(ii) harvested outside the United Kingdom; and

(iii) shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of schedule 4 for the relevant category of seed;

(b) the seed has been—

(i) produced directly from the crossing of fully certified Basic Seed with seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed in accordance with these Regulations;

(ii) harvested outside the United Kingdom; and

(iii) shown on official examination, or, in the case of seed certified in a country granted equivalence, to have satisfied the conditions specified in Part II of schedule 4 for the relevant category of seed; or

(i) is to be certified by the Scottish Ministers as Basic Seed;

(ii) has been produced directly from—

(aa) fully certified Pre-basic Seed; or

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.