The Oil and Fibre Plant Seed (Scotland) Regulations 2004

• (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 Seed[^f00037]	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 Generation[^f00038]	97.5%
ddCertified Seed of the Third Generation[^f00039]	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 sample[^f00040] 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 lot[^f00041].

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;

Obtaining more than one submitted sampletwhen 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 (i) and (j) to (s) as appropriate. The composite sample shall then be divided into two parts by passing it once through the centrifugal divider; anduwhen 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 (i) and (j) to (s), as appropriate. A submitted sample shall then be extracted using the procedures specified in sub paragraphs (c) to (i) and (j) to (s), 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 (t).

PART II — MAXIMUM WEIGHT OF A SEED LOT AND MINIMUM WEIGHT OF A SUBMITTED SAMPLE

Maximum weight of a seed lot

22

Subject to paragraph 23, the maximum weight of a seed lot shall be that set out in column 2 of the table in paragraph 24 in relation to the corresponding entry in column 1 of the table.

Margin by which seed lots can exceed maximum weight

23

A seed lot may exceed the maximum weight for a seed lot set out in column 2 of the table in paragraph 24 by not more than 5%.

Minimum weight of a sample

24

The minimum weight of a sample submitted for official examination shall be that specified in column 3 of the following table in relation to the corresponding entry in column 1 of the table:–

Column 1	Column 2	Column 3	Column 4
Species	Maximum weight of a seed lot	Minimum weight of a sample taken from a seed lot for submission for official examination	Weight of the sample for determination by number provided for in columns 5 to 11 of the table in paragraph 13 of Part II of Schedule 4 and column 7 of the table in paragraph 15(2) of Part II of Schedule 4
	tonnes	grams	grams
Black mustard	10	100	40
Brown mustard	10	100	40
Flax	10	300	150
Hemp	10	600	600
Linseed	10	300	150
Soya bean	30	1,000	1,000
Sunflower	25	1,000	1,000
Swede rape	10	200	100
Turnip rape	10	200	70
White mustard	10	400	200

SCHEDULE 6

PART I — GENERAL

Method of referring to species of seed

1

Where the species of seed is one of the particulars to be indicated on a label, in accordance with the provisions of this Schedule, the species must be indicated at least under its botanical name, which may be given in abridged form and without the author’s name, in Roman characters.

Method of referring to varieties of seed

2

Where the variety of seed is one of the particulars to be indicated on a label, in accordance with the provisions of this Schedule, the variety must be indicated at least in Roman characters.

PART II — LABELS

Label for a package of Breeder’s Seed

3

The label for a package of Breeder’s Seed shall–

• (a) contain the following information:–

• (i) name and address of the supplier responsible for affixing the labels or the supplier’s registered or licensed number;

• (ii) reference number of the seed lot;

• (iii) species;

• (iv) variety;

• (v) the words “Breeder’s Seed”;

• (vi) declared net or gross weight; and

• (vii) the words “NOT CERTIFIED”; and

• (b) be coloured buff.

Official label for a package of Pre-basic Seed

4

The official label for a package of Pre basic Seed shall–

• (a) contain the following information:–

• (i) certifying authority and country or country initials;

• (ii) month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows:–

• (aa) by the word “Sealed” followed by the month and year of sealing; or

• (bb) by the word “Sampled” followed by the month and year of official sampling;

• (iii) reference number of the seed lot;

• (iv) species;

• (v) variety;

• (vi) the words “Pre basic Seed”;

• (vii) country of production;

• (viii) declared net or gross weight;

• (ix) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of seed and the total weight; and

• (x) number of generations preceding seed of the categories Certified Seed or Certified Seed of the First Generation;

• (b) be a minimum size of 110 millimetres by 67 millimetres; and

• (c) be coloured white with a diagonal violet line.

Official label for a package of Basic Seed or Seed of a Certified Generation

5

The official label for a package of Basic Seed or Seed of a Certified Generation shall–

• (a) subject to sub-paragraph (b), contain the following information:–

• (i) the words “GB rules and standards”;

• (ii) certifying authority and country or country initials;

• (iia) officially assigned serial number;

• (iii) month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows:–

• (aa) by the word “Sealed” followed by the month and year of sealing; or

• (bb) by the word “Sampled” followed by the month and year of official sampling;

• (iv) reference number of the seed lot;

• (v) species;

• (vi) variety;

• (vii) category;

• (viii) country of production;

• (ix) declared net or gross weight;

• (x) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seed and the total weight;

• (xi) in the case of Basic Seed which is a component of a hybrid variety, where the component has been officially accepted on to a GB Variety List or an NI Variety List, the name under which it has been officially accepted, with or without reference to the final hybrid variety, accompanied, in the case of a component which is intended solely as a component for a final hybrid variety, by the word “component”;

• (xii) in the case of Basic Seed which is a component of a hybrid variety where the component has not been officially accepted on to a GB Variety List or an NI Variety List, the name of the component, which may be given in code form, accompanied by a reference to the final hybrid variety, with or without reference to its function (male or female), and accompanied by the word “component”;

• (xiii) in the case of Seed of a Certified Generation which is a hybrid, the name of the variety to which the seed belongs, accompanied by the word “hybrid”;

• (xiv) in the case of Certified Seed which is intended to be used as a component of a varietal association of swede rape, a reference to its function (male or female), accompanied by the word “component” and the name of the final varietal association; and

• (xv) where at least germination has been retested, the word “Retested” followed by the month and year of retesting and the service responsible for such retesting;

• (b) not contain the information referred to in sub-paragraph (a)(xv) if that information is given on an official sticker attached to the official label;

• (c) be a minimum size of 110 millimetres by 67 millimetres; and

• (d) be coloured–

• (i) white for Basic Seed;

• (ii) blue for Certified Seed and Certified Seed of the First Generation; and

• (iii) red for Certified Seed of the Second Generation and Certified Seed of the Third Generation.

Official label for a package of Commercial Seed

6

The official label for a package of Commercial Seed shall–

• (a) subject to sub-paragraph (b), contain the following information:–

• (i) the words “GB rules and standards”;

• (ii) certification authority and country or country initials;

• (iia) officially assigned serial number;

• (iii) month and year of sealing expressed by the word “Sealed” followed by the month and year of sealing;

• (iv) reference number of the seed lot;

• (v) species;

• (vi) the words “Commercial Seed (not certified as to variety)”;

• (vii) country of production and the region of production within that country;

• (viii) declared net or gross weight;

• (ix) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seed and the total weight; and

• (x) where at least germination has been retested, the word “Retested” followed by the month and year of retesting and the service responsible for such retesting;

• (b) not contain the information referred to in sub-paragraph (a)(x) if that information is given on an official sticker attached to the official label;

• (c) be a minimum size of 110 millimetres by 67 millimetres; and

• (d) be coloured brown.

Official label for a package of a varietal association of seed

7

The official label for a package of a varietal association of seed shall–

• (a) subject to sub paragraph (b), contain the following information:–

• (i) the words “GB rules and standards”;

• (ii) certifying authority and country or country initials;

• (iii) month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows:–

• (aa) by the word “Sealed” followed by the month and year of sealing; or

• (bb) by the word “Sampled” followed by the month and year of official sampling;

• (iv) reference number of the seed lot;

• (v) species;

• (vi) the words “varietal association” followed by its name;

• (vii) category;

• (viii) country of production;

• (ix) declared net or gross weight;

• (x) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seed and the total weight;

• (xi) the percentages by weight of the various components in the varietal association shown by variety unless this information has been notified to the purchaser on request and notified to a GB Authority; and

• (xii) where at least the germination of the components of the varietal association have been retested, the word “Retested” followed by the month and year of retesting and the service responsible for such retesting;

• (b) not contain the information referred to in sub-paragraph (a)(xii) if that information is given on an official sticker attached to the official label;

• (c) be a minimum size of 110 millimetres by 67 millimetres; and

• (d) be coloured blue with a diagonal green line.

PART III — SMALL PACKAGES

Label for a small package of Pre basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed

8

The label for a small package of Pre basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed shall–

• (a) contain the following information:–

• (i) the words “GB rules and standards”;

• (ii) name and address of the person responsible for fixing the label;

• (iii) reference number of the seed lot;

• (iv) species;

• (v) variety (or, in the case of Commercial Seed the words “Commercial Seed not certified as to variety”);

• (vi) category; and

• (vii) declared net weight, except in the case of packages not exceeding 15 grams net weight; and

• (b) be coloured–

• (i) white with a diagonal violet line for Pre basic Seed;

• (ii) white for Basic Seed;

• (iii) blue for Certified Seed and Certified Seed of the First Generation;

• (iv) red for Certified Seed of the Second Generation and Certified Seed of the Third Generation; and

• (v) brown for Commercial Seed.

PART IV — PARTICULARS TO BE MARKED OR DISPLAYED ON THE SALE OF UNPACKETED SEED

Particulars to be marked or displayed on the sale of unpacketed seed

9

The following particulars shall be marked on, or displayed near, the container referred to in regulation 18:–

• (a) the words “complies with legal standards”;

• (b) species; and

• (c) except in the case of Commercial Seed, variety.

PART V — INFORMATION IN RESPECT OF SEED IMPORTED FROM COUNTRIES OUTSIDE THE UNITED KINGDOM IN PACKAGES EXCEEDING 2 KILOGRAMS NET WEIGHT

Information to be supplied in respect of seed imported from a country outside the United Kingdom in a package exceeding 2 kilograms net weight

10

The information to be supplied to the Scottish Ministers in accordance with regulation 6(5) in respect of seed imported from a country outside the United Kingdom in a package exceeding 2 kilograms of seed is as follows:–

• (a) species;

• (b) variety;

• (c) category;

• (d) country of production and official inspection authority;

• (e) country of despatch;

• (f) importer; and

• (g) quantity of seed.

PART VI — PRINTING OF SPECIFIED MATTERS ON PACKAGES (WHOLE BAG LABELLING)

Packages sealed in Scotland – printers' returns

11

Arrangements shall be made with the printers for returns to be made to the Scottish Ministers of the number of packages printed or stamped pursuant to regulations 17(10) and 21(5) and of the individual serial numbers of such packages.

Packages sealed in Scotland – individual serial numbers

12

Each package shall have printed or stamped on it, or be perforated with, an individual serial number allocated by the Scottish Ministers, which shall appear in the same panel as the particulars of the matters specified in Part II of this Schedule.

Packages sealed in Scotland – printing or stamping

13

The printing or stamping of the packages shall be by, and in accordance with the instructions, of the Scottish Ministers or by a licensed seed sampler.

Packages sealed in Scotland – particulars to be included in the printing or stamp

14

The reference number of the seed lot and the month and year in which the package was officially sealed shall be printed or stamped by the Scottish Ministers or a licensed seed sampler at the time of sampling for official examination.

Packages sealed in Scotland – lower germination seed

15

Each package of seed marketed in accordance with regulation 17(10) shall be capable of having affixed to it, in a manner approved by the Scottish Ministers, a label containing a statement pursuant to regulation 17(6).

Packages sealed in Scotland – record keeping for lower germination seed

16

There shall be kept such records of seed packaged and marketed pursuant to regulation 17(10) as may be required by the Scottish Ministers.

Seed packages sealed in the United Kingdom but not in Scotland, or outside the United Kingdom

17

Such requirements of the country outside the United Kingdom (if the seed was sealed in that country) or DAERA (if the seed was sealed in Northern Ireland), the National Assembly for Wales (if the seed was sealed in Wales) or the Secretary of State (if the seed was sealed in England) as correspond to the requirements specified in paragraphs 11 to 16 of this Part of this Schedule for seed which has been sealed in Scotland shall be satisfied.

SCHEDULE 7 — LIMITS OF VARIATION

GERMINATION

Minimum percentage of germination (expressed as an integer)	Limit of variation per cent
99–100	2
97–98	3
94–96	4
91–93	5
87–90	6
82–86	7
76–81	8
70–75	9

ANALYTICAL PURITY

Minimum percentage of analytical purity (expressed to one decimal point)	Limit of variation per cent
99.9–100	0.2
99.8	0.3
99.6–99.7	0.4
99.3–99.5	0.5
99.0–99.2	0.6
98.5–98.9	0.7
98.3–98.4	0.8
97.5–98.2	0.9
97.0–97.4	1.0
96.5–96.9	1.1
95.5–96.4	1.2
95.0–95.4	1.3

CONTENT OF SEEDS OF OTHER SPECIES

Maximum percentage (by weight) of number of seeds of other species (expressed to one decimal point)	Limit of variation per cent
0.0	0.1
0.1–0.2	0.3
0.3–0.4	0.4
0.5	0.5

NUMBER OF SEEDS OF OTHER SPECIES

Maximum number of seeds of other species	Limit of variation number
0	1
1	3
2	4
3 and 4	5
5 and 6	6
7 and 8	7
9 to 11	8
12 to 14	9
15 to 17	10
18 to 21	11
22 to 25	12
26 to 29	13
30 to 34	14
35 to 40	15
41 to 45	16
46 to 50	17

SCHEDULE 8 — REVOCATIONS

Regulations revoked	References	Extent
The Oil and Fibre Plant Seeds Regulations 1993	S.I.1993/2007	The whole Regulations insofar as they apply to Scotland
The Oil and Fibre Plant Seeds (Amendment) Regulations 1994	S.I.1994/1423	The whole Regulations insofar as they apply to Scotland
The Oil and Fibre Plant Seeds (Amendment) Regulations 1996	S.I.1996/1451	The whole Regulations insofar as they apply to Scotland
The Seeds (Miscellaneous Amendments) Regulations 1997	S.I.1997/616	Regulation 2, and insofar as it applies to the Oil and Fibre Plant Seeds Regulations 1993, regulation 4(2), all insofar as the Regulations apply to Scotland
The Oil and Fibre Plant Seeds (Amendment) Regulations 1999	S.I.1999/1862	The whole Regulations insofar as they apply to Scotland
The Oil and Fibre Plant Seeds (Amendment) (Scotland) Regulations 2000	S.S.I. 2000/249	The whole Regulations
The Seeds (National Lists of Varieties) Regulations 2001	S.I.2001/3510	Regulation 25(5)(a) insofar as it applies to Scotland
The Oil and Fibre Plant Seeds (Amendment) (Scotland) Regulations 2003	S.S.I. 2003/304	The whole Regulations

Signed

ROSS FINNIE — A member of the Scottish Executive — 1st July 2004

Explanatory note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, consolidate, with amendments, the provisions of the Oil and Fibre Plant Seeds Regulations 1993 (S.I. 1993/2007) as relevantly amended by the Oil and Fibre Plant Seeds (Amendment) Regulations 1994 (S.I. 1994/1423), the Oil and Fibre Plant Seeds (Amendment) Regulations 1996 (S.I. 1996/1451), the Seeds (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/616), the Oil and Fibre Plant Seeds (Amendment) Regulations 1999 (S.I. 1999/1862), the Oil and Fibre Plant Seeds (Amendment) (Scotland) Regulations 2000 (S.S.I. 2000/249), the Seeds (National Lists of Varieties) Regulations 2001 (S.I. 2001/3510) and the Oil and Fibre Plant Seeds (Amendment) (Scotland) Regulations 2003 (S.S.I. 2003/304), (“the 1993 Regulations”).

The 1993 Regulations implemented the provisions of Council Directive 69/208/EEC on the marketing of seed of oil and fibre plants (O.J. No. L 169, 10.7.69, p.3, OJ/SE 1969 (11), p.315). That Directive, as amended, was replaced by Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants (O.J. No. L 193, 20.7.02, p.74) as amended by Council Directive 2002/68/EC (O.J. No. L 195, 24.7.02, p.32), Commission Directive 2003/45/EC (O.J. No. L 138, 5.6.03, p.40) and Council Directive 2003/61/EC (O.J. No. L 165, 3.7.03, p.23). These Regulations implement the provisions of that Directive, subject to exemptions for caraway, cotton, hemp and opium poppy contained in Commission Decision 74/360/EEC (O.J. No. L 196, 19.7.74, p.18) and the exemption for safflower contained in Commission Decision 89/101/EEC (O.J. No. L 38, 10.2.89, p.37) and the withdrawal of the exemption for hemp contained in Commission Decision 2003/234/EC (O.J. No. L 86, 3.4.03, p.48).

The Regulations apply to the certification and marketing of seed of oil and fibre plants of the species specified in Schedule 1 to these Regulations (regulation 4 and Schedule 1). The Regulations introduce the power to require an additional sample of seed for the purposes of European tests and trials (regulation 22 and regulation 27(3)) from 26th September 2004. The rest of the Regulations apply to all hemp seed, varietal associations of seed and seed of hybrid varieties from 26th September 2004. The Regulations (other than regulation 22) also apply to all other oil and fibre seed from 26th September 2004 except seed harvested on or before that date, to which the Regulations will not apply until 1st July 2005 (regulation 27).

The Regulations include provisions which prohibit the marketing of seed of oil and fibre plants in Scotland unless it is Commercial Seed, seed of a listed variety which has been officially certified or Breeder’s Seed (regulation 6(1)). The prohibition does not apply in the case of seed:

• (a) which has not yet been fully certified if it is marketed for processing (regulation 6(2));

• (b) which forms part of a mixture permitted by the Fodder Plant Seeds Regulations 1993 (S.I. 1993/2009, as amended by S.I. 1993/2529, 1996/1453, 1997/616, 1999/1864 and S.I. 2000/247) (regulation 7);

• (c) where authorisation has been granted for scientific purposes or selection work or for the purpose of tests and trials (regulation 8);