The Oil and Fibre Plant Seed (Scotland) Regulations 2004

• (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 1978⁸ 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 2000⁹, 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 Seed¹⁰, Basic Seed¹¹, Seed of a Certified Generation¹² or Commercial Seed¹³, 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

• (c) the seed—

• (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

• (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 Pre-basic Seed in accordance with these Regulations;

• (iii) has been harvested outside the United Kingdom; and

• (iv) has been 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.

• (3) In the case of seed which has been harvested in a country granted equivalence, an official certificate may only be issued under sub-paragraph (1) provided that—

• (a) the seed has been harvested from a crop which has been found by official field inspection to satisfy the crop conditions specified in Part 1 of schedule 4 (crop standards); and

• (b) has been packed in a sealed package in accordance with the requirements of regulation 16 (sealing of packages of fully certified seed and has been labelled in accordance with the requirements of regulation 17 (labelling of packages of fully certified seed) and schedule 6.

PART II — BREEDER'S CONFIRMATIONS

Applications

1

On receipt of an application made in accordance with regulation 19(1) for the issue of a breeder’s confirmation in respect of a seed lot, as Pre-basic Seed or Basic Seed, the Scottish Ministers shall, subject to paragraphs 6 and 7, issue in respect of that seed lot a breeder’s confirmation containing the particulars specified in paragraph 2 of Schedule 3.

When applications will be refused

2

The Scottish Ministers shall refuse to issue a breeder’s confirmation 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 a breeder’s confirmation 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 a breeder’s confirmation has been made has shown that the crop or crops meet the standards specified in Part I of Schedule 4 appropriate in the category referred to in the application; and

• (c) an official examination of a sample taken from the seed lot has shown that the seed lot meets the standards specified in Part II of Schedule 4 appropriate to the relevant category of seed referred to in the application except that a breeder’s confirmation can be issued for Pre-basic Seed or Basic Seed in respect of seed which attains a lower percentage of germination than that specified in paragraph 13 of Part II of Schedule 4.

When applications may be refused

3

The Scottish Ministers may refuse to issue a breeder’s confirmation 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;

• (c) there has been a breach of seeds regulations in relation to the seed lot in respect of which application for a breeder’s confirmation has been made.

SCHEDULE 3 — PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE OR A BREEDER'S CONFIRMATION

Particulars to be specified in an official certificate

1

The following particulars shall be specified in an official certificate:–

• (a) name and address of certifying authority;

• (b) applicant’s name, address and, if appropriate, registered or licensed number;

• (c) seed lot reference number;

• (d) species/variety/category, as appropriate;

• (e) net weight of seed lot and number of containers; and

• (f) seed treatment, if any.

Particulars to be specified in a breeder’s confirmation

2

The following particulars shall be specified in a breeder’s confirmation:–

• (a) name and address of issuing authority;

• (b) applicant’s name, address and, if appropriate, registered or licensed number;

• (c) seed lot reference number;

• (d) species/variety/category, as appropriate;

• (e) net weight of seed lot and number of containers;

• (f) seed treatment, if any; and

• (g) statement that the breeder’s confirmation does not constitute an official certificate and does not permit marketing of the seed.

SCHEDULE 4 — REQUIREMENTS FOR BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION, CERTIFIED SEED OF THE SECOND GENERATION, CERTIFIED SEED OF THE THIRD GENERATION AND COMMERCIAL SEED

PART I — CONDITIONS RELATING TO CROPS FROM WHICH SEED OTHER THAN COMMERCIAL SEED IS OBTAINED

Methods of crop testing

1

The Scottish Ministers may ascertain, so far as practicable, whether the requirements for the crop set out in this Part of this Schedule are met by the use of methods which shall include official field inspection of the crop and which may include examination of a control plot sown with a sample from the seed lot sown in the field and the consideration of any other relevant information.

Varietal identity and varietal purity

2

The characteristics used for the determination of varietal identity and varietal purity shall be those to which regard was had when the relevant variety was accepted on to the relevant GB Variety List or NI Variety List.

Crop inspection

3

• (a) An official examination of the crop shall be made by means of an official field inspection.

• (b) The official field inspection shall only be carried out when the cultural condition of the field and the stage of development and condition, including state of health, of the crop are such as to permit suitable checks of varietal identity, varietal purity and species purity to be made.

• (c) Subject to paragraphs (d) and (e), at least one official field inspection of the crop shall be carried out.

• (d) At least two official field inspections shall be carried out in the case of a hybrid of sunflower.

• (e) At least three official field inspections shall be carried out in the case of a hybrid of swede rape and shall be carried out as follows:–

• (i) the first official field inspection shall be carried out before the flowering stage;

• (ii) the second official field inspection shall be carried out at the early flowering stage; and

• (iii) the third official field inspection shall be carried out at the end of the flowering stage.

Harmful organisms in the crop

4

• (1) The crop must—

• (a) be practically free from any pests which reduce the usefulness and quality of the propagating material; and

• (b) comply with the requirements concerning GB quarantine pests, PFA quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as with the measures adopted pursuant to Article 30(1) of that Regulation.

• (2) The presence of RNQPs on the crops must comply with the following requirements as set out in the table—

RNQPs or symptoms caused by RNQPs	Plants for planting (genus or species)	Thresholds for the production of pre-basic seed	Thresholds for the production of basic seed	Thresholds for the production of certified seed
Plasmopara halstedii (Farlow) Berlese & de Toni [PLASHA]	Sunflower	0%	0%	0%

Previous cropping

5

• (a) The previous cropping of the field shall not have been incompatible with the production of seed of the species and variety of the crop, and the field shall be sufficiently free from plants which are volunteers from previous cropping.

• (b) The crop may be grown only on land which complies with the Scottish Ministers' requirements in respect of previous cropping.

• (c) In the case of a hybrid of swede rape the crop shall be raised in a production ground where not less than 5 years have elapsed since plants of cruciferae were last grown.

Isolation distances – general

6

There shall be either a physical barrier or at least 2 metres of fallow ground between the seed crop and any crop likely to cause contamination in the seed.

Isolation distances – minimum distance

7

For black mustard, brown mustard, hemp, sunflower, swede rape, turnip rape and white mustard, the minimum distance from neighbouring crops or plants of other species, or of other varieties of the same species, liable to cross pollinate with the crop shall be the distance specified in column 2 of the following table for the corresponding crop specified in column 1 of the table (which can include any distance of at least 2 metres of fallow ground required under paragraph 6 of this Part of this Schedule):–

Column 1	Column 2
Crop	Minimum Distance
aBlack mustard, brown mustard, dioecious hemp, turnip rape and white mustard–
ifor the production of Basic Seed	400 metres
iifor the production of Certified Seed14	200 metres
bMonoecious hemp–
ifor the production of Basic Seed	5,000 metres
iifor the production of Seed of a Certified Generation	1,000 metres
cSunflower–
ifor the production of Basic Seed of hybrids	1,500 metres
iifor the production of Basic Seed of varieties other than hybrids	750 metres
iiifor the production of Seed of a Certified Generation	500 metres
dSwede rape–
ifor the production of Basic Seed of varieties other than hybrids	400 metres
iifor the production of Basic Seed of hybrids	500 metres
iiifor the production of Certified Seed of varieties other than hybrids	200 metres
ivfor the production of Certified Seed of hybrids	300 metres

Standards for varietal purity

8

• (a) The crop shall have sufficient varietal identity and varietal purity, including–

• (i) in the case of a crop of an inbred line, sufficient varietal identity and varietal purity as regards its characteristics; and

• (ii) in the case of a crop used for the production of seed of hybrid varieties, sufficient varietal identity and varietal purity as regards the characteristics of the components of the hybrid variety, including male sterility or fertility restoration.

• (b) in crops of black mustard, brown mustard and hemp the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed–

• (i) one plant in 30 square metres for the production of Basic Seed; and

• (ii) one plant in 10 square metres for the production of Seed of a Certified Generation.

• (c) in crops of hybrids of sunflower–

• (i) the percentage by number of plants which are recognisable as obviously not being true to the inbred line or to the component shall not exceed the percentage specified in column 2 of the following table corresponding to the relevant crop specified in column 1 of the table:–

Column 1	Column 2
Crop of hybrid of sunflower	Percentage by number of plants
aaFor the production of Basic Seed–
aaAinbred lines	0.2%
aaBsimple hybrids–
aaBamale parent, plants which have shed pollen while 2% or more of the female plants have receptive flowers	0.2%
aaBbfemale parent	0.5%
bbFor the production of Certified Seed–
bbAmale component, plants which have shed pollen while 5% or more of the female plants have receptive flowers	0.5%
bbBfemale component	1.0%

• (ii) used for the production of seed of hybrid varieties–

• (aa) sufficient pollen shall be shed by the plants of the male component while the plants of the female component are in flower;

• (bb) where the female component plants have receptive stigmas, the percentage by number of female component plants which have shed pollen, or are shedding pollen, shall not exceed 0.5%;

• (cc) of Basic Seed the total percentage by number of plants of the female component which are recognisable as obviously not being true to the component and which have shed pollen, or are shedding pollen, shall not exceed 0.5%; and

• (dd) where a male-sterile component has been used to produce Certified Seed by using a male component which contains a specific restorer line or lines, at least one third of the plants grown from the resulting hybrid shall produce pollen which appears normal in all aspects.

• (d) in a case where a male-sterile component is used for the production of seed of a hybrid variety of swede rape the percentage by number of male sterility shall be at least 99% for the production of Basic Seed and 98% for the production of Certified Seed and the level of male sterility shall be assessed by examining flowers for the absence of fertile anthers;

• (e) in the case of hybrids of swede rape produced using male sterility the percentage by number of plants which are recognisable as obviously not true to the inbred line or to the component shall not exceed the percentage specified in column 2 of the following table corresponding to the relevant crop specified in column 1 of the table:–

Column 1	Column 2
Crop of hybrids of swede rape produced using male sterility	Percentage by number of plants
iFor the production of Basic Seed–
aainbred lines	0.1%
bbsimple hybrids–
bbAmale component	0.1%
bbBfemale component	0.2%
iiFor the production of Certified Seed–
aamale component	0.3%
bbfemale component	1.0%

Crop conditions for Pre basic Seed

9

For the purpose of determining whether a crop from which Pre basic Seed is to be produced meets the conditions specified in this Part of this Schedule, the crop from which such seed is to be produced shall be treated in the same way as a crop from which Basic Seed is to be produced.

PART II — CONDITIONS RELATING TO BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION, CERTIFIED SEED OF THE SECOND GENERATION, CERTIFIED SEED OF THE THIRD GENERATION AND COMMERCIAL SEED

Standards for varietal purity

10

• (a) The seed shall possess sufficient varietal identity and varietal purity. In particular, seed of the species and category specified in column 1 of the following table shall possess at least the percentage of minimum varietal purity specified in the corresponding entry in column 2 of the table:–

Column 1	Column 2
Species and category	Percentage of minimum varietal purity
iFlax–
aaBasic Seed	99.7%
bbCertified Seed of the First Generation	98.0%
ccCertified Seed of the Second Generation15	97.5%
ddCertified Seed of the Third Generation16	97.5%
iiLinseed–
aaBasic Seed	99.7%
bbCertified Seed of the First Generation	98.0%
ccCertified Seed of the Second Generation	97.5%
ddCertified Seed of the Third Generation	97.5%
iiiSoya bean–
aaBasic Seed	99.5%
bbCertified Seed of the First Generation	99.0%
ccCertified Seed of the Second Generation	99.0%
ivSunflower except hybrid varieties and components of hybrid varieties–
aaBasic Seed	99.7%
bbCertified Seed	99.0%
vSwede rape (except hybrid varieties) other than varieties to be used solely for fodder purposes and turnip rape other than varieties to be used solely for fodder purposes–
aaBasic Seed	99.9%
bbCertified Seed	99.7%
viSwede rape (except hybrid varieties) and turnip rape varieties to be used solely for fodder purposes–
aaBasic Seed	99.7%
bbCertified Seed	99.0%
vii Hybrid varieties of swede rape produced using male sterility and their components—
aaBasic seed, female component	99.0%
bbBasic Seed, male component	99.9%
ccCertified seed of winter swede rape varieties (“winter swede rape varieties” being those varieties of swede rape recorded as winter varieties on the UK National List or in the Common Catalogue)	90.0%
dd Certified seed of spring swede rape varieties (“spring swede rape varieties” being those varieties of swede rape recorded as spring varieties on the UK National List or in the Common Catalogue)	85.0%
viiiWhite mustard–
aaBasic Seed	99.7%
bbCertified Seed	99.0%

• (b) Subject to paragraph 11, for the purposes of this paragraph the minimum varietal purity of seed shall be examined mainly in official field inspections carried out in accordance with the conditions specified in Part I of this Schedule.

Standards for varietal purity for hybrid varieties of swede rape

11

In the case of seed of a hybrid variety of swede rape produced using male sterility–

• (a) subject to sub paragraph (c), the requirement for sufficient varietal identity and varietal purity shall also apply to the characteristics of its components including male sterility or restoration of fertility;

• (b) subject to sub paragraph (d), the seed shall not be certified as Certified Seed unless due account has been take of the results of official post control tests on samples of Basic Seed taken in accordance with regulation 15(1) and carried out during the growing season of the seed for which an application has been made for certification as Certified Seed to ascertain whether the Basic Seed has met the requirements for Basic Seed specified in these Regulations in respect of varietal identity as regards the characteristics of the components, including male sterility and in respect of the minimum varietal purity;

• (c) the varietal purity of a component of the hybrid variety may be assessed by appropriate biochemical methods; and

• (d) the standards in respect of the minimum varietal purity laid down in sub paragraph (b) in respect of Certified Seed of hybrids shall be monitored by official post-control tests on an appropriate proportion of samples taken in accordance with regulation 15(1) and appropriate biochemical methods may be used in these official post-control tests.

Parental ratio in production of Certified Seed of hybrids of sunflower

12

Where a female male-sterile component and a male component which does not restore male fertility have been used for the production of Certified Seed of hybrids of sunflower, the seed produced by the male-sterile parent shall be blended with seed produced by the fully fertile parent. The ratio of male-sterile parent seed to male-fertile parent seed shall not exceed two to one.

Further standards and conditions of varietal purity

13

The seed shall, subject to paragraph 14, comply with the following standards and other conditions as regards percentage germination of pure seed, analytical purity and content of seed of other plant species (including Orobanche spp.):–

	Minimum germination (% of pure seed)	Analytical purity	Analytical purity	Maximum content by number of seeds of other plant species in a sample of the weight specified in column 4 of the table in paragraph 24 of Part II of Schedule 5	Maximum content by number of seeds of other plant species in a sample of the weight specified in column 4 of the table in paragraph 24 of Part II of Schedule 5	Maximum content by number of seeds of other plant species in a sample of the weight specified in column 4 of the table in paragraph 24 of Part II of Schedule 5	Maximum content by number of seeds of other plant species in a sample of the weight specified in column 4 of the table in paragraph 24 of Part II of Schedule 5	Maximum content by number of seeds of other plant species in a sample of the weight specified in column 4 of the table in paragraph 24 of Part II of Schedule 5	Maximum content by number of seeds of other plant species in a sample of the weight specified in column 4 of the table in paragraph 24 of Part II of Schedule 5	Maximum content by number of seeds of other plant species in a sample of the weight specified in column 4 of the table in paragraph 24 of Part II of Schedule 5
Species		Minimum analytical purity (% by weight)	Maximum content of seed of other plant species (% by weight)	Other plant species (including seed of the species specified in columns 6 to 11)	Wild Oat(Avena fatua, A. ludoviciana, A. sterilis)	Dodder (Cuscutaspp.)**	Wild radish (Raphanus raphanistrum)	Dock (Rumexspp. excluding.R. acetosella)	Blackgrass (Alopecurus myosuroides)	Lolium remotum
1	2	3	4	5	6	7	8	9	10	11
Black mustard and brown mustard
– Basic Seed	85	98	0.3	n/a	0	0	10	2	n/a	n/a
– Certified Seed	85	98	0.3	n/a	0	0	10	5	n/a	n/a
Flax	92	99	n/a	15	0	0	n/a	n/a	4	2
Hemp	75	98	n/a	30	0	0	n/a	n/a	n/a	n/a
Linseed	85	99	n/a	15	0	0	n/a	n/a	4	2
Soya bean	80	98	n/a	5	0	0	n/a	n/a	n/a	n/a
Sunflower	85	98	n/a	5	0	0	n/a	n/a	n/a	n/a
Swede rape and turnip rape
– Basic Seed	85	98	0.3	n/a	0	0	10	2	n/a	n/a
– Certified Seed	85	98	0.3	n/a	0	0	10	5	n/a	n/a
White mustard
– Basic Seed	85	98	0.3	n/a	0	0	10	2	n/a	n/a
– Certified Seed	85	98	0.3	n/a	0	0	10	5	n/a	n/a

Further provisions relating to varietal purity

14

• (a) The presence of one seed of dodder (Cuscuta spp.) in a sample of–

• (i) black mustard;

• (ii) brown mustard;

• (iii) flax;

• (iv) linseed;

• (v) swede rape;

• (vi) turnip rape; or

• (vii) white mustard,

shall not be regarded as an impurity where a second sample of the same weight is free from any seeds of dodder.

• (b) The determination of total content of seed of other plant species by number need not be carried out in the case of hemp seed unless there is doubt whether the conditions laid down in column 5 of the table in paragraph 13 have been satisfied.

• (c) Subject to sub paragraph (d), hemp seed shall be free from Orobanche spp..

• (d) The presence of one seed of Orobanche spp. in a sample of 100 grams of hemp seed shall not be regarded as an impurity where a second sample of 200 grams is free from any seed of Orobanche spp..

Harmful organisms in the seed

15

• (1) The seed must—

• (a) be practically free from any pests which reduce the usefulness and quality of the propagating material, and

• (b) comply with the requirements concerning GB quarantine pests, PFA quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as with the measures adopted pursuant to Article 30(1) of that Regulation.

• (2) The presence of RNQPs on the seeds and the respective categories must comply with the following requirements as set out in the table—

Fungi and oomycetes	Fungi and oomycetes	Fungi and oomycetes	Fungi and oomycetes	Fungi and oomycetes	Fungi and oomycetes	Fungi and oomycetes
	Maximum percentage of pre-basic, basic and certified seed that may be contaminated by fungi listed in columns 2 to 6	Maximum percentage of pre-basic, basic and certified seed that may be contaminated by fungi listed in columns 2 to 6	Maximum percentage of pre-basic, basic and certified seed that may be contaminated by fungi listed in columns 2 to 6	Maximum percentage of pre-basic, basic and certified seed that may be contaminated by fungi listed in columns 2 to 6	Maximum percentage of pre-basic, basic and certified seed that may be contaminated by fungi listed in columns 2 to 6	Maximum number of sclerotia or fragments thereof that may be found in a laboratory examination of a seed lot of pre-basic, basic and certified seed of the weight specified in column 4 of the table specified in paragraph 24 of Part II of schedule 5
(1)Other than Fusarium oxysporum f. sp. albedinis [FUSAAL] and Fusarium circinatum [GIBBCI].	(1)Other than Fusarium oxysporum f. sp. albedinis [FUSAAL] and Fusarium circinatum [GIBBCI].	(1)Other than Fusarium oxysporum f. sp. albedinis [FUSAAL] and Fusarium circinatum [GIBBCI].	(1)Other than Fusarium oxysporum f. sp. albedinis [FUSAAL] and Fusarium circinatum [GIBBCI].	(1)Other than Fusarium oxysporum f. sp. albedinis [FUSAAL] and Fusarium circinatum [GIBBCI].	(1)Other than Fusarium oxysporum f. sp. albedinis [FUSAAL] and Fusarium circinatum [GIBBCI].	(1)Other than Fusarium oxysporum f. sp. albedinis [FUSAAL] and Fusarium circinatum [GIBBCI].
(2)Except Boeremia exigua var. linicola on flax where the threshold in column 3 applies.	(2)Except Boeremia exigua var. linicola on flax where the threshold in column 3 applies.	(2)Except Boeremia exigua var. linicola on flax where the threshold in column 3 applies.	(2)Except Boeremia exigua var. linicola on flax where the threshold in column 3 applies.	(2)Except Boeremia exigua var. linicola on flax where the threshold in column 3 applies.	(2)Except Boeremia exigua var. linicola on flax where the threshold in column 3 applies.	(2)Except Boeremia exigua var. linicola on flax where the threshold in column 3 applies.
Column 1Plants for planting (genus or species)	Column 2Botrytis cinerea [BOTRCI]	Column 3Boeremia exigua var. linicola [PHOMEL]	Column 4Alternaria linicola [ALTELI], Boeremia exigua var. linicola[PHOMEL], Colletotrichum lini [COLLLI] and Fusariumspp. [1FUSAG][^f01003] (individually[^f01004] or in combination with the other fungi)	Column 5Diaporthe caulivora [DIAPPC]Diaporthe phaseolorum var.sojae DIAPPS	Column 6Plasmopara halstedii [PLASHA]	Column 7Sclerotinia sclerotiorum [SCLESC]
Flax	5%	1%	5%	N/A	N/A	N/A
Linseed	5%	N/A	5%	N/A	N/A	N/A
Sunflower	5%	N/A	N/A	N/A	0%	N/A
Swede rape	N/A	N/A	N/A	N/A	N/A	10
Turnip rape	N/A	N/A	N/A	N/A	N/A	5
White mustard	N/A	N/A	N/A	N/A	N/A	5
Soya bean	N/A	N/A	N/A	15%	N/A	N/A.

PART III — OFFICIAL EXAMINATIONS USED TO ASCERTAIN WHETHER A CROP OR SEED LOT MEETS THE CONDITIONS RELATING TO BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION, CERTIFIED SEED OF THE SECOND GENERATION, CERTIFIED SEED OF THE THIRD GENERATION AND COMMERCIAL SEED

Methods for official examinations

16

All official examinations used to ascertain whether crops or seed lots meet the standards specified in this Schedule shall be carried out in accordance with current international methods.

SCHEDULE 5

PART I — SAMPLING OF SEED LOTS

Definitions

1

In this Part of this Schedule–

• “composite sample” means a single sample comprising all of the primary samples taken from a seed lot during a single sampling exercise to produce a submitted sample¹⁷ for the seed lot; and

• “primary sample” means a sample taken from a seed lot in accordance with paragraphs 13 to 18 of this Part of this Schedule.

Obtaining a submitted sample

2

A submitted sample shall be obtained from the seed lot by taking primary samples systematically or at random from different positions in the seed lot and combining them to form a composite sample. Where the composite sample is a submitted sample, it may be submitted for an official examination intact or it may be reduced in weight by using one of the instruments referred to in paragraph 19 of this Part of this Schedule in accordance, where appropriate, with the relevant procedures specified in paragraphs 19 to 21 of this Part of this Schedule to give a smaller submitted sample.

Primary sample size

3

At each position of sampling of a seed lot, primary samples of approximately equal size shall be taken.

Condition of the seed lot

4

The seed lot to be sampled shall be a homogeneous seed lot¹⁸.

Seed lot containers

5

If a seed lot is presented for sampling in more than one container, the containers shall be of the same size and type and contain approximately the same weight of seed.

Sampling from sacks – minimum number of containers to be sampled

6

When the seed lot is in sacks or similar sized containers each containing at least 15 kilograms of seed and not more than 100 kilograms of seed, the minimum number of containers to be sampled shall be in accordance with the following table:–

Number of containers in which the seed lot is contained	Minimum number of containers to be sampled
1-4	3 primary samples from each container
5 8	2 primary samples from each container
9 15	1 primary sample from each container
16 30	A total of 15 primary samples with each sample being taken from a different container
31 59	A total of 20 primary samples with each sample being taken from a different container
60 or more	A total of 30 primary samples with each sample being taken from a different container

Sampling from sacks or similar containers

7

The containers to be sampled shall be selected systematically or at random and primary samples shall be drawn from the top, middle and bottom of containers; and if more than one primary sample is taken from any container then the position from which the seed is taken shall be varied from primary sample to primary sample and from container to container.

Sampling from small containers – general

8

For sampling seed lots in containers holding less than 15 kilograms of seed, a 100 kilogram weight of seed shall be taken as the basic unit and the small containers shall be combined to form sampling units not exceeding this weight (for example 9 packages of 10 kilograms, 20 packages of 5 kilograms) and for sampling purposes each unit shall be regarded as one container and the sampling procedures prescribed in paragraphs 6 and 7 of this Part of this Schedule shall be used.

Sampling from small containers – moisture proof containers

9

When seed is in moisture-proof containers the opened or pierced containers shall be adequately closed or the residues from sampling transferred to new containers.

Sampling from small containers – primary samples

10

When seed is in packets of 100 grams or less each packet may be considered as a primary sample and sufficient shall be taken at random to obtain a submitted sample.

Sampling from large containers

11

For the sampling of containers holding at least 100 kilograms of seed, primary samples shall be taken from different horizontal and vertical positions selected at random and the minimum number of primary samples to be taken shall be in accordance with the following table:–

Seed lot weight (kilograms)	Number of primary samples to be taken
Up to 500	At least 5
501–3,000	1 for each 300 kilograms but no fewer than 5
3,001–20,000	1 for each 500 kilograms but no fewer than 10
20,001 and above	1 for each 700 kilograms but no fewer than 40

Sampling from a seed stream

12

Primary samples may be drawn from a seed stream during processing using an automatic sampling device, which shall uniformly sample the entire cross-section of the seed stream when a sample is taken. Primary samples of seed shall be taken at regular intervals throughout the processing of the seed lot using the same sampling intensity as specified in paragraph 11 of this Part of this Schedule.

Sampling instruments – general

13

Sampling instruments shall be capable of sampling all parts of the seed lot.

Sampling instruments – instruments and methods

14

Subject to paragraph 15 of this Part of this Schedule, one of the instruments described in paragraph 16 of this Part of this Schedule shall be used, as appropriate to the location of the seed, to draw primary samples in accordance with the relevant methods described in paragraphs 17 and 18 of this Part of this Schedule.

Sampling instruments – power to allow other instruments and methods

15

Where it is not practicable to use any of the instruments described in paragraph 16 of this Part of this Schedule in accordance with the relevant methods described in paragraphs 17 and 18 of this Part of this Schedule, another instrument or method may be used with the written approval of the Scottish Ministers.

Sampling instruments – instruments for drawing primary samples

16

The instruments referred to in paragraph 14 of this Part of this Schedule, to be used for drawing primary samples are as follows:–

Dynamic spear sampleraSubject to paragraph 13 of this Part of this Schedule, a dynamic spear sampler may be used, in accordance with the methods described in paragraph 18(a) of this Part of this Schedule, for sampling seed lots in sacks or small containers. It shall be a hollow, cylindrical, solid-pointed metal spear or trier which shall be long enough to reach beyond the middle of the sack from the side and shall have an aperture so positioned that portions of seed of equal volume are removed from each part of the sack through which it travels. In sampling seed lots of the species specified in column 1 of the following table a dynamic spear sampler shall have a point length (a), shoulder length (b), boss length (c), aperture length (d), aperture width (e), bore width (f) and outside diameter (g) as shown in the diagrams below of dimensions no smaller than those specified in the corresponding entries in the table:–Dimensions in millimetresSpecies of Seed for which dynamic spear sampler can be usedPoint length (a)Shoulder length (b)Boss length (c)Aperture Length (d)Aperture Width (e)Bore width (f)Outside Diameter (g)12345678All species other than flax, hemp, linseed, soya bean or sunflower42782081012Flax and linseed85121033111315Hemp, soya bean and sunflower82121340151719[image omitted]

Stick samplersbA stick sampler of one of the types described in sub-paragraphs (i) and (ii) may, subject to sub-paragraphs (i) and (ii), be used if it has an aperture or apertures of sufficient size to allow the unrestricted entry of seed and other particles and is capable of being opened and closed during the sampling procedure as appropriate to the method of use described in paragraph 18(b) and (c) of this Part of this Schedule.iSingle chamber typeSubject to paragraph 13 of this Part of this Schedule, a single chamber type stick sampler may be used to sample seed lots in open sacks or in large containers. In sampling seed lots in open sacks or in large containers, as specified in column 1 of the following table, a single chamber type stick sampler shall have a point length (a), shoulder length (b), sliding sleeve length (c), aperture length (d), aperture width (e) and bore width (f), as shown in the diagrams below, of the dimensions specified in the corresponding entries in the table, or such other dimensions as the Scottish Ministers may approve in writing:–Dimensions in millimetresType of ContainerPoint length (a)Shoulder length (b)Sliding sleeve length (c)Aperture length (d)Aperture width (e)Bore width (f)1234567Seed lots in sacks552575502225Seed lots in large containers or seed in bulk10039063502230[image omitted]iiMulti-chamber typeSubject to paragraph 13 of this Part of this Schedule, a multi chamber type stick sampler may be used to sample seed lots in sacks or any other containers. The apertures shall open into chambers which shall be separated from one another by transverse partitions. The contents of each chamber shall be regarded as a primary sample. The multi chamber type stick sampler shall have a point length (a), shoulder length (b), aperture length (c), aperture width (d), aperture separation distance (e) and bore width (f), as shown in the diagram below, of the dimensions specified in the following table or such other dimensions as the Scottish Ministers may approve in writing:–Dimensions in millimetresPoint length (a)Shoulder length (b)Aperture length (c)Aperture width (d)Aperture separation distance (e)Bore width (f)60501001511025[image omitted]

Cargo samplercSubject to paragraph 13 of this Part of this Schedule, a cargo sampler may be used, in accordance with the method described in paragraph 18(d) of this Part of this Schedule, to sample seed lots in large containers and shall only be used in the vertical position.

Seed stream samplerdSubject to paragraph 13 of this Part of this Schedule, a seed stream sampler may be used if it has been approved in writing by the Scottish Ministers and if it uniformly samples the cross section of the seed stream without any loss of the seed and any other particles which enter the seed stream sampler, in accordance with the method described in paragraph 18(e) of this Part of this Schedule. Timing devices shall be attached so that the frequency and duration of sampling can be adjusted to meet the requirements of paragraph 12 of this Part of this Schedule.

Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – general

17

All instruments shall be clean before use.

Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – specific

18

The methods of using the instruments described in paragraph 16 shall be as follows:–

Dynamic spear samplerMethod 1aDynamic spear samplers may be used in one of two ways depending on their length–iin the case of a dynamic spear sampler in which the aperture reaches only to the centre of the sack or small container–aathe instrument shall be inserted into the sack in an upward direction at an angle of approximately 30º to the horizontal with its aperture downwards until the aperture reaches the centre of the sack or container;bbthe instrument shall be lightly tapped to remove any seed taken in and then rotated to bring the aperture uppermost;ccthe instrument shall be withdrawn immediately with a vibratory or oscillatory motion and at a decreasing speed so that the quantity of seed and any other particles obtained from successive locations increases progressively from the centre to the side of the sack; andddseed and any other particles passing through the instrument shall be collected in a clean container.Method 2iiin the case of a dynamic spear sampler in which the aperture reaches to the far side of a sack or small container–aathe instrument shall be inserted in the manner described in sub paragraph (i)(aa) until its aperture reaches almost to the far side of the sack or container;bbthe instrument shall be tapped and rotated in the manner described in sub paragraph (i)(bb) and then withdrawn at a uniform speed; andccthe seed and any other particles passing through the instrument shall be collected in a clean container.

Stick samplersSingle chamber type stick samplerbIn the case of a single chamber type stick sampler–ithe sleeve shall move freely;iithe instrument shall be inserted vertically downwards until the aperture reaches the appropriate primary sampling position ensuring that the sleeve covers the aperture as it enters the seed lot;iiithe instrument shall be withdrawn sufficiently to uncover the aperture;ivthe instrument shall be left in position until the primary sample has been collected; andvthe instrument shall be withdrawn and the contents emptied into a clean container.Multi-chamber type stick samplercIn the case of a multi chamber type stick sampler–ithe apertures shall be closed before insertion;iithe instrument shall be inserted diagonally into sacks or vertically into large containers so that all apertures are fully covered;iiithe apertures shall be opened;ivthe instrument shall be agitated so that seed and any other particles enter the chambers;vthe apertures shall be closed gently to ensure that trapped seed and any other particles are not broken or damaged;vithe instrument shall be withdrawn and if the chambers are full the contents shall be emptied onto a clean surface or into a clean container; andviiif all the chambers are not full, the contents shall be discarded and the procedures specified in sub-paragraphs (c)(i) to (vi) shall be repeated.Cargo samplerdIn the case of cargo sampler–ithe lid shall open and close easily;iithe instrument shall be inserted with the lid closed to the appropriate primary sampling position which shall be at least 300 millimetres below the surface of the seed lot;iiithe handle shall be raised sufficiently to open the lid;ivthe instrument shall be left in position until the primary sample has been collected; andvthe instrument shall be withdrawn and the contents shall be emptied into a clean container.Seed stream samplereIn the case of a seed stream sampler, the instrument shall take the number of primary samples necessary for the weight of seed lot being sampled, the primary samples being taken from the seed lot at regular intervals and the resultant composite sample being of a weight not less than the minimum weight prescribed in paragraph 24 of Part II of this Schedule and not greater than can conveniently be reduced by means of one of the methods of sample reduction specified in paragraphs 19 to 21. They shall be installed in such a way that the composite sample can be readily identified with the seed lot from which it was taken.

Obtaining a submitted sample – composite sample division instruments

19

Where the composite sample exceeds the minimum weight prescribed for a sample in paragraph 24 of Part II of this Schedule, any of the following instruments may be used to reduce the weight of the sample:–

Riffle divideraiThe riffle divider shall consist of a rectangular hopper leading to a series of evenly spaced chutes, arranged so that seed is distributed equally on two sides;iithere shall be a minimum of 18 chutes, each discharging in the opposite direction to its immediate neighbour; andiiithree (or more) metal collecting vessels (pans) of sufficient depth to prevent seed bouncing out shall be used.

Centrifugal dividerbiThe centrifugal divider shall consist of a hopper from which seed flows on to a shallow cup which is then rotated by an electric motor; andiithe seed shall be distributed by centrifugal force onto a stationary baffle which divides it into two equal parts which are then discharged through separate spouts. Four metal collecting vessels (pans) of sufficient depth to prevent seed bouncing out shall be used.

Other instrumentscOther instruments and methods may be used with the written approval of the Scottish Ministers.

Method of use of riffle divider

20

The method of using a riffle divider shall be as follows:–

• (a) the riffle divider shall be placed on a firm level surface;

• (b) the riffle divider and pans shall be clean;

Sample mixingcan empty pan shall be placed on each side of the riffle divider to receive the discharge from the chutes;dthe entire composite sample shall be poured evenly into the other pan(s);ethe seed shall then be poured from the pan(s) evenly along the entire length of the hopper;fthe two pans into which the seed has passed shall then be replaced with empty pans;gthe procedures specified in sub-paragraphs (e) and (f) shall then be repeated twice to mix the sample thoroughly;

Sample reductionhbefore reduction, the composite sample shall have been thoroughly mixed using the procedures specified in sub paragraphs (c) to (g). The contents of one of the two receiving pans shall then be set aside. If the seed and any other particles in the second pan is of at least the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample, it may be used as a submitted sample. If the weight of seed in the second pan is greater than the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample, it may be reduced using the procedures specified in sub paragraphs (i) to (k);ian empty pan shall be placed on each side of the divider to receive the discharge from the chutes;jthe contents of the second pan shall be poured evenly along the entire length of the hopper;kthe contents of one of the two pans into which the seed and other particles have passed shall then be set aside. If the weight of seed and other particles in the other pan is still greater than the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample, it may be used as a submitted sample intact or it may be reduced further using the procedures specified in sub paragraphs (i) to (k);lif the weight of seed and other particles in either of the two pans set aside in the procedures specified either in sub-paragraph (h) or sub paragraph (k) is less than the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample, the procedures specified in sub paragraphs (m) to (q) shall be used;man empty pan shall be placed on each side of the divider to receive the discharge from the chutes;nthe contents of one of the pans shall be set aside. The contents of the other pan shall be poured evenly along the entire length of the hopper;oone receiving pan and its contents shall then be removed and replaced with an empty pan. The other pan, with its contents, shall be left in place;pthe contents of the pan removed during the procedure specified in sub paragraph (o) shall be poured evenly along the entire length of the hopper so that two sub-samples of different weights shall be produced;qthe procedures specified in sub paragraphs (o) and (p), when repeated, constitute the process of continuous halving, and shall be repeated using whichever sub-sample is appropriate until sufficient seed and any other particles is obtained in one pan, which, when added to the seed and any other particles set aside during the procedure specified in sub paragraph (n), produces a submitted sample;

Obtaining more than one submitted samplerwhen two submitted samples are required from one composite sample, one composite sample of at least twice the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample shall be obtained using the procedures specified in sub paragraphs (c) to (g) and (h) to (q), as appropriate. The composite sample shall then be divided into two parts by passing it once through the riffle divider; andswhen three submitted samples are required from one composite sample, one composite sample of at least three times the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample shall be obtained using the procedures specified in sub-paragraphs (c) to (g) and (h) to (q) as appropriate. A submitted sample shall then be extracted using the procedures specified in sub paragraphs (c) to (g) and (h) to (q), as appropriate. All portions of seed which have been set aside shall then be recombined and two submitted samples shall be obtained from this residue of the composite sample by following the procedure specified in sub paragraph (r).

Methods of use of a centrifugal divider

21

The method of using a centrifugal divider shall be as follows:–

• (a) the centrifugal divider shall be levelled prior to use;

• (b) the centrifugal divider and pans shall be clean;

Sample mixingcan empty pan shall be placed under each spout of the centrifugal divider;dthe entire composite sample shall be poured into the centre of the hopper;ethe motor shall be operated so that the seed and any other particles in the sample pass into the pans;fthe motor shall be switched off;gthe two pans containing seed and any other particles shall be removed and replaced by empty ones;hthe contents of both pans removed during the procedure specified in sub paragraph (g) shall be poured together into the centre of the hopper, the seed and any other particles being allowed to blend as they flow in. The procedures specified in sub paragraphs (e) to (g) shall be repeated;ithe procedure specified in sub paragraph (h) shall be repeated to mix the sample thoroughly;

Sample reductionjbefore reduction, the composite sample shall have been thoroughly mixed using the procedures specified in sub paragraphs (c) to (i). The contents of one of the two receiving pans shall then be set aside. If the seed and any other particles in the second pan is of at least the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample, it may be used as a submitted sample. If the weight of seed in the second pan is greater than the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample, it may be reduced using the procedures specified in sub paragraphs (k) to (m);kempty pans shall be placed under the spouts;lthe contents of the second pan shall be poured into the hopper and the procedures specified in sub paragraphs (e) and (f) shall be repeated;mthe contents of one of the two pans into which the seed and any other particles have passed shall then be set aside. If the weight of seed and any other particles in the other pan is still greater than the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample, the sample may be used as a submitted sample intact or it may be reduced further using the procedures specified in sub paragraphs (k) to (m);nif the weight of seed and any other particles in either of the two pans referred to either in sub paragraph (j) or (m) is less than the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample, the procedures specified in sub paragraphs (o) to (s) shall be used;oempty pans shall be placed under the spouts;pthe contents of one of the pans shall be set aside. The contents of the other pan shall be poured into the centre of the hopper and the procedures specified in sub paragraphs (e) and (f) shall be repeated;qone receiving pan and its contents shall then be removed and replaced with an empty pan. The other pan, with its contents, shall be left in place;rthe contents of the pan removed during the procedure specified in sub paragraph (q) shall be poured into the centre of the hopper and the procedures specified in sub paragraphs (e) and (f) shall be repeated so that two sub-samples of different weights shall be produced;sthe procedures specified in sub paragraphs (q) and (r), when repeated, constitute the process of continuous halving, and shall be repeated using whichever sub-sample is appropriate until a sufficient sample is obtained in one pan, which, when added to the seed and any other particles set aside during the procedure specified in sub paragraph (p), produces a submitted sample;