The Oil and Fibre Plant Seed (Scotland) Regulations 2004

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);

• (d) of certain varietal associations of seed (regulation 9); or

• (e) the marketing of which is authorised by general licence made under regulation 10.

The Regulations include provisions about the standards to be met by oil and fibre plant seed before it will be officially certified by the Scottish Ministers (regulations 3 and 14 and Schedules 2 and 4). There are provisions allowing marketing of seed which does not attain the relevant germination standards (regulation 11) and for marketing of seed before it is shown to meet the relevant germination standards (regulation 12).

The Regulations make provisions for breeder’s confirmations for seed which is not yet accepted on to a UK National List or the Common Catalogue but which otherwise meets the requirements for Pre basic Seed or Basic Seed (regulations 3 and 19, and Schedules 2 and 4) and for upgrading a breeder’s confirmation to an official certificate (regulation 14(3)).

The Regulations lay down requirements relating to seed sampling (regulation 15 and Schedule 5) and the packaging and sealing of packages of seed (regulations 16, 18 and 20) and the labelling of packages of such seed (regulations 17, 18 and 21 and Schedule 6).

The Regulations provide that particulars given to a purchaser by a seller of seed to which the Regulations apply will constitute a statutory warranty so far as they relate to certain information about the seed being sold (regulation 23).

The Regulations introduce provisions about service of notices (regulation 24) and permit electronic communications to be used in certain circumstances (regulation 25).

The Regulations amend the Seeds (Fees) (Scotland) Regulations 2002 (S.S.I. 2002/526) to allow fees to be charged for procedures carried out in relation to the Regulations (regulation 26).

General licences made under the 1993 Regulations will be replaced by general licences made under these Regulations (regulation 27).

The Regulations introduce the power to require an additional sample of seed for the purposes of European tests and trials (regulation 22).

Contravention of these Regulations is a criminal offence (section 16(7) of the Plant Varieties and Seeds Act 1964).

A copy of the Scottish Ministers' requirements in respect of previous cropping can be obtained from SEERAD, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.

No regulatory impact assessment has been prepared for these Regulations.

Footnotes

Editorial notes