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The Cereal Seed (Scotland) Regulations 2005

Type Scottish-Statutory-Instrument

Publication 2005-06-08

Last updated 2023-10-06

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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Made: 8th June 2005

Laid before the Scottish Parliament: 9th June 2005

Coming into force: 1st July 2005

The Scottish Ministers, in exercise of the powers conferred by sections 16(1), (1A), (2), (3), (4) and (5) and 36 of the Plant Varieties and Seeds Act 1964¹ and of all other powers enabling them in that behalf, after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to them to be concerned, hereby make the following Regulations:

PART I — GENERAL

Citation, commencement and extent

1

(1) These Regulations may be cited as the Cereal Seed (Scotland) Regulations 2005, and shall come into force on 1st July 2005.

(2) These Regulations extend to Scotland only.

Interpretation

2

(1) In these Regulations–

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

“AFP number” means the official application for protection number issued by the Plant Variety Rights Office;

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

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

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

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

“breeder’s designation” means the title, name or other designation proposed by a breeder for a new plant variety which is the subject of an application for acceptance on to a UK National List;

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

“the Cereal Seed Directive” has the same meaning as it has in Schedule 9;

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

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

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

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

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

“constituent” means seed of a single species and, where appropriate, variety, which forms part of a mixture of seeds;

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

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

“Crown Dependency” means any of the Channel Islands or the Isle of Man;

“the 2001 Deliberate Release Directive” means Directive 2001/18/EC of the European Parliament and of the Council² on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC, as last amended by Regulation (EU) 2019/1381;

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

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

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

“Equivalence Decision” means Council Decision 2003/17/EC³ on the equivalence of field inspections carried out in third countries on seed producing crops and on the equivalence of seed produced in third countries, as last amended by Decision (EU) 2020/1544;

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

“Excepted Seed Marketed in Bulk” means Certified Seed (other than seed of maize), Certified Seed of the First Generation or Certified Seed of the Second Generation–which is marketed in bulk direct to the final consumer in a container that is closed after filling; andin respect of which a random sample has been taken in accordance with paragraph 12 of Schedule 5, by a person authorised in that behalf;

“first buyer by way of trade” has the same meaning as for the purposes of the Cereal Seed Directive;

“the Food and Feed Regulation” means Regulation (EC) No. 1829/2003 of the European Parliament and of the Council⁴ on genetically modified food and feed , as last amended by Regulation (EU) 2019/1381;

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

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

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

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

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

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

“Higher Voluntary Standards” means the standards specified in Schedule 4 as being HVS Standards and the abbreviation “HVS” shall be construed accordingly;

“HVS level Basic Seed” means Basic Seed which is currently certified by the Scottish Ministers as–having been harvested from a crop that met the Higher Voluntary Standards for a crop to produce Basic Seed specified in Part I of Schedule 4; andhaving met the Higher Voluntary Standards for Basic Seed laid down in Part II of Schedule 4;

“HVS level Certified Seed of the First Generation” means Certified Seed of the First Generation which is currently certified by the Scottish Ministers as–having been harvested from a crop that met the Higher Voluntary Standards for a crop to produce Certified Seed of the First Generation specified in Part I of Schedule 4; andhaving met the Higher Voluntary Standards for Certified Seed of the First Generation laid down in Part II of Schedule 4;

“HVS level Certified Seed of the Second Generation” means Certified Seed of the Second Generation which is currently certified by the Scottish Ministers as–having been harvested from a crop that met the Higher Voluntary Standards for Certified Seed of the Second Generation specified in Part I of Schedule 4; andhaving met the Higher Voluntary Standards for Certified Seed of the Second Generation laid down in Part II of Schedule 4;

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

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

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

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

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

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

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

“minimum level Basic Seed” means Basic Seed which is not currently certified by the Scottish Ministers as–having been harvested from a crop that met the Higher Voluntary Standards for a crop to produce Basic Seed specified in Part I of Schedule 4; andhaving met the Higher Voluntary Standards for Basic Seed laid down in Part II of Schedule 4;

“minimum level Certified Seed of the First Generation” means Certified Seed of the First Generation which is not currently certified by the Scottish Ministers as–having been harvested from a crop that met the Higher Voluntary Standards for a crop to produce Certified Seed of the First Generation specified in Part I of Schedule 4; andhaving met the Higher Voluntary Standards for Certified Seed of the First Generation laid down in Part II of Schedule 4;

“minimum level Certified Seed of the Second Generation” means Certified Seed of the Second Generation which is not currently certified by the Scottish Ministers as–having been harvested from a crop that met the Higher Voluntary Standards for Certified Seed of the Second Generation specified in Part I of Schedule 4; andhaving met the higher voluntary standards for Certified Seed of the Second Generation laid down in Part II of Schedule 4;

“NI Authority” means DAERA;

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

“oats” means plants of the species specified in column 2 of Schedule 1 in relation to oats, red oats and naked oats;

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

“official control” means under the supervision of, and in accordance with any conditions set by, a European Authority;

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

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

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

“official post control” means a control plot has been sown with seed from the relevant seed lot and has produced plants which have been examined by an International Authority; and “official post control the results of which have been satisfactory” means official post control has been carried out for the relevant seed lot and an International Authority has found, having regard to–the conditions specified in–in the case of the Scottish Ministers–paragraphs 4, 8, 9, 10, 11 and 12 of Part I of Schedule 4; andparagraphs 13, 14, 15 and 17 of Part II of Schedule 4; and in the case of a GB Authority other than the Scottish Ministers, Parts I and II of schedule 4; the category of the seed to be produced,that the plants produced in the control plot indicate that the corresponding plants in the field are satisfactory plants from which to harvest the relevant category of seed;

“official sticker” means a sticker issued by a European Authority and attached to an official label;

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

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

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

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

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

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

“seed lot” means an identifiable consignment of seed of a weight not exceeding that specified in column 3 of the table in paragraph 26 of Part II of Schedule 5 for the species specified in column 1 of that table by more than 5%, including a blended seed lot, a bulked seed lot, and a mixture of seed which bears a unique seed lot reference number;

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

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

“submitted sample” means a sample of at least the minimum weight of a sample specified in paragraph 26 of Part II of Schedule 5, or in the case of a sample to be submitted to a licensed seed testing station, double the minimum weight of a sample specified in paragraph 26 of Part II of Schedule 5, taken from a seed lot in accordance with the provisions of Part I of Schedule 5;

“test and trial seed” means seed which is the subject of an authorisation of a type described in regulation 9A(1);

“tests and trials authorisation” means an authorisation granted by the Scottish Ministers under regulation 9A(4);

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

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

“UK National List ” means a list of varieties of species of cereal plants for the time being published in accordance with the Seeds (National Lists of Varieties) Regulations 2001⁵;

“volunteers” means plants of a species and variety that have grown from seed that was not deliberately sown as part of the crop;

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

“wild oats” means plants of the species Avena fatua, Avena ludoviciana and Avena sterilis.

(2) In these Regulations, in relation to varieties, hybrids and inbred lines of maize–

“open-pollinated variety” means a sufficiently uniform and stable variety;

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

“simple hybrid” means the first generation of a cross, defined by the breeder, between two inbred lines;

“double hybrid” means the first generation of a cross, defined by the breeder, between two simple hybrids;

“triple-cross hybrid” means the first generation of a cross, defined by the breeder, between an inbred line and a simple hybrid;

“top cross hybrid” means the first generation of a cross, defined by the breeder, between an inbred line or a simple hybrid and an open-pollinated variety; and

“intervarietal hybrid” means the first generation of a cross, defined by the breeder, between plants grown from basic seed of two open pollinated varieties.

(3) In these Regulations–

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

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

Definitions of seed categories

3

In these Regulations–

“Breeder’s Seed” means seed of barley, durum wheat, maize, oats, rye, spelt wheat, triticale or wheat of a generation prior to Basic Seed which has been produced by or under the responsibility of the breeder and is intended for the production of Pre-basic Seed or Basic Seed;

“Pre-basic Seed” means seed of a generation prior to Basic Seed which–has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; andis intended to be used for the production of more Pre-basic Seed, Basic Seed, or with the written authority of the breeder–in the case of maize or rye, Certified Seed;except in the case of maize or rye, Certified Seed of the First Generation;except in the case of maize or rye, Certified Seed of the Second Generation; and has been—subject to regulation 12, officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Basic Seed specified in schedule 4;certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;

“Basic Seed” means seed which–in relation to barley, durum wheat, oats, rye, triticale, spelt wheat and wheat, other than a hybrid variety–has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; andis intended to be used for the production of–in the case of rye, Certified Seed;except in the case of rye, Certified Seed of the First Generation;except in the case of rye, Certified Seed of the Second Generation; orin relation to a component of a hybrid variety of barley, durum wheat, maize, oats, rye, self pollinating triticale, spelt wheat or wheat, is intended to be used for the production of a hybrid variety of barley, durum wheat, maize, oats, rye, self-pollinating triticale, spelt wheat or wheat and which has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; orin relation to an open-pollinated variety of maize–has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; andis intended to be used–for the production of Certified Seed of the same variety; oras a component in the production of Certified Seed of a top cross or intervarietal hybrid variety; orin relation to inbred lines of maize, has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; orin relation to simple hybrids of maize, is intended to be used for the production of double hybrids, triple-cross hybrids or top cross hybrids; and has been—subject to regulation 12, officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a), (b), (c), (d) or (e) and the requirements for Basic Seed specified in schedule 4;certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a), (b), (c), (d) or (e) and the applicable requirements for Basic Seed in the relevant part of the United Kingdom;

“Certified Seed” means seed which, in relation to maize and rye (including hybrids of maize and rye) and hybrids of barley, durum wheat, oats, self-pollinating triticale, spelt wheat and wheat–has been produced directly from Basic Seed or, with the breeder’s written authority, from Pre basic Seed;is intended for purposes other than the production of cereal seed; and has been—subject to regulation 12, officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed specified in schedule 4;certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed in the relevant part of the United Kingdom;

“Certified Seed of the First Generation” means seed of barley, durum wheat, oats, spelt wheat, triticale, or wheat, other than a hybrid in each case, which–has been produced directly from Basic Seed or, with the written authority of the breeder, from Pre basic Seed;is intended–for the production of Certified Seed of the Second Generation; orfor purposes other than the production of cereal seed; and has been—officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation specified in schedule 4;certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the First Generation in the relevant part of the United Kingdom;

“Certified Seed of the Second Generation” means seed of barley, durum wheat, oats, spelt wheat, triticale or wheat, other than hybrids in each case, which–has been produced directly from Basic Seed, Certified Seed of the First Generation or, with the written authority of the breeder, from Pre basic Seed;is intended for purposes other than the production of cereal seed; and has been—officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Second Generation specified in schedule 4;certified by a GB Authority, other than the Scottish Ministers, or the NI Authority as satisfying the conditions specified in paragraphs (a) and (b) and the applicable requirements for Certified Seed of the Second Generation in the relevant part of the United Kingdom;

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

Definition of marketing

4

(1) In these Regulations “marketing” means–

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

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

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

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

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

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

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

Seed to which the Regulations apply

5

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

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

PART II — MARKETING

Marketing of seed

6

(1) Subject to the provisions of this Part, no person shall market any seed unless–

(a) it is marketed in seed lots or in parts of seed lots; and

(b) it is–

(i) seed of a plant variety of a species specified in Part I of Schedule 1 (varieties of plant species on national lists) to the Seeds (National Lists of Varieties) Regulations 2001⁶ accepted on to a GB Variety List or an NI Variety List and which is fully certified Pre-basic Seed, fully certified Basic Seed, Seed of a Certified Generation or seed of a Conservation Variety; or

(ii) Breeder’s Seed.

(2) Paragraph (1) shall not apply to the marketing of seed which has not yet been fully certified if–

(a) the seed is marketed for processing;

(b) the identity of the seed is ensured; and

(i) the seed has been harvested by an official field inspection to satisfy the conditions specified in Part I of Schedule 4 ... for the relevant category of seed; or

(ii) the seed of a Conservation Variety has been harvested from a crop which has been found to satisfy the conditions specified in Part III of Schedule 4A.

(3) Where seed is sampled in an untreated state for ... the official examination referred to in paragraph 2(c) of Part I of Schedule 2, the examination referred to in paragraph 2(b) of Part I of Schedule 4A or for an examination or test carried out by an International Authority other than the Scottish Ministers, and the seed is subsequently subjected to chemical treatment the seller shall, upon or before delivering the seed to the purchaser, provide the purchaser with a statement in writing that the seed has been subsequently subjected to chemical treatment and specifying the chemical nature of such treatment.

(4) Notwithstanding paragraph (1), no person shall market seed of a genetically modified variety unless it is clearly indicated, in the sales catalogue of the person marketing the seed and in any other marketing information or marketing representations provided by that person, as having been genetically modified.

(5) Any person marketing seed which has been imported from outside the United Kingdom and which exceeds 2 kilograms of seed shall supply the Scottish Ministers, in such manner and at such time as the Scottish Ministers may require, with the particulars relating to the seed specified in paragraph 11 of Part V of Schedule 6.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marketing of seed of a Higher Voluntary Standard

7

(1) This regulation applies to the marketing of seed of barley, durum wheat, oats, spelt wheat or wheat (excluding hybrids) which is fully certified Basic Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation, where any label or notice affixed to, contained in or marked on any package containing the seed, any document accompanying the seed or any particulars displayed in respect of the seed, states or indicates that the seed attains the Higher Voluntary Standards for such seed.

(2) Any mixture of seeds to which the provisions of paragraph (1) relate shall be required to meet the appropriate standards prescribed in seeds regulations.

(3) Where any person markets seed to which this regulation applies, the person marketing the seed shall be deemed to state for the purpose of these Regulations, and in relation to the particulars given to a purchaser, that–

(a) the crop from which the seed has been harvested met the Higher Voluntary Standards for such seed laid down in Part I of Schedule 4;

(b) the seed meets the Higher Voluntary Standards for such seed laid down in Part II of Schedule 4; and

(c) a successful application has been made to the Scottish Ministers under paragraph (4) verifying that the crop and seed have attained those standards.

(4) An application for verification that seed of barley, durum wheat, oats, spelt wheat or wheat which is Basic Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation has attained the Higher Voluntary Standards for such seed shall be made to the Scottish Ministers in such form and manner and shall contain such information and be accompanied by such documents as the Scottish Ministers may require and the Scottish Ministers shall grant the application if the Scottish Ministers are satisfied that–

(a) the crop from which the seed has been harvested met the Higher Voluntary Standards for such seed laid down in Part I of Schedule 4; and

(b) the seed meets the Higher Voluntary Standards for such seed laid down in Part II of Schedule 4.

Mixtures

8

(1) Regulation 6(1)(b) shall not prevent the marketing of a mixture of seed to which these Regulations apply if the mixture is–

(a) a specific mixture of various varieties of one species of seed–

(i) that, as a mixture, is effective against the propagation of a harmful organism; and

(ii) each constituent of which complied, before mixing, with the relevant provisions of these Regulations; or

(b) a mixture of different species of seeds, each constituent of which complied, before mixing, with the relevant provisions of these Regulations.

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

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

(b) complied with the relevant provisions of these Regulations,

before mixing with the fodder plant seed.

Exception for scientific selection work and for tests and trials

9

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

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

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

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

(ii) the NI Authority.

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

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

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

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

(b) under the Food and Feed Regulation, or

(5) An authorisation under this regulation may–

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

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

General exemptions

10

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

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

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

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

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

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

(bb) for a specified period; and

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

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

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

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

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

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

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

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

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

Marketing of officially certified lower germination seed

11

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

(a) in respect of which an official certificate certifying that the seed is of the relevant category of seed has been issued in accordance with Part I of Schedule 2, although it attains a lower percentage of germination than that specified in paragraph 16 of Part II of Schedule 4 in relation to Basic Seed by virtue of exception (ii) of paragraph 2 of Part I of Schedule 2;

(b) which has been certified as satisfying the conditions for the relevant category of seed although it attains a lower percentage of germination than that specified in paragraph 16 of Part II of Schedule 4 in relation to Basic Seed—

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

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

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

(i) in the case of seed which has been officially certified as being Pre basic Seed or Basic Seed, in paragraph 16 of Part II of Schedule 4, irrespective of the findings of the Scottish Ministers; and

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

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

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

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

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

Marketing of early movement seed

12

(1) In a case where–

(a) the official examination in respect of the germination of any seed lot of Pre basic Seed, Basic Seed or Seed of a Certified Generation of a plant variety of a species specified in Part I (varieties of plant species on national lists) of Schedule 1 to the Seeds (National Lists of Varieties) Regulations 2001 accepted on to a GB Variety List or an NI Variety List is being undertaken and has not been completed, but a provisional germination report has shown that the seed attains the appropriate minimum standard of germination specified in paragraph 16 of Part II of Schedule 4, the seed in all other respects satisfies the appropriate requirements of Schedule 4 and the provisional analytical report and the provisional germination report on the seed have been presented by the producer to the Scottish Ministers; or

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

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

(bb) the NI Authority; and

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

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

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

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

(b) notify the Scottish Ministers in writing of the name and address of the first buyer by way of trade as soon as practicable after delivery and in any event not later than 7 days after delivery;

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

(d) in the event of the official germination test showing the failure of the seed to comply with the minimum germination standard specified in paragraph 16 of Part II of Schedule 4 for seed of the relevant category, the seller shall provide the first buyer by way of trade with the result of the completed official germination test, in writing, as soon as practicable and in any event not later than 7 days after being informed of it.

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

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

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

Requirement for homogeneity

13

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

PART III — PROCEDURES FOR ISSUING OFFICIAL CERTIFICATES

Applications for official certificates

14

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

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

(b) shall be made not later than 15th March in the second year following the year of harvest of the crop from which the seed lot is obtained or within such other time as the Scottish Ministers may allow.

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

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

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

(b) the breeder’s confirmation has not been withdrawn pursuant to regulation 20(3);

(d) there is no reason why the breeder’s confirmation should be withdrawn pursuant to regulation 20(3).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sampling

15

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

(i) by a International Authority; or

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

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

(1A) A sample of seed of a Conservation Variety taken for the purposes of checking compliance with these Regulations shall comply with paragraph 15(1)(b) and (c) and Part II of Schedule 5.

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

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

(b) is taken from a seed lot which does not comply with paragraph 24 of Part II of Schedule 5;

(c) is not a sample for moisture testing which complies with paragraph 19 of Part II of Schedule 4 or is a submitted sample and has not been taken in accordance with the provisions of Part I of Schedule 5; or

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

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

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

PART IV — PACKAGING AND LABELLING REQUIREMENTS FOR FULLY CERTIFIED SEED

Sealing of packages of fully certified seed

16

(1) Subject to regulations 18 and 19, no person shall market in accordance with regulation 6(1), 8, 9A, 9B, 11 or 12 a package (other than a small package sealed in accordance with paragraph (4)) of Pre basic Seed, Basic Seed, Seed of a Certified Generation, a mixture of seeds to which regulation 8 applies, test and trial seed, seed of a Conservation Variety, lower germination seed or early movement seed unless, subject to paragraph (2), it has been–

(a) sealed in Scotland by the Scottish Ministers or by... a licensed seed sampler using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal, in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package; or

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

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

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

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

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

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

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

(a) in Scotland by the Scottish Ministers or by... a licensed seed sampler using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal, in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package; or

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

(4) No person shall market in accordance with regulation 6(1), 8, 9A, 9B, 11 or 12 a small package of, Pre basic Seed, Basic Seed, Seed of a Certified Generation, seed of a Conservation Variety, lower germination seed or early movement seed, unless it has been, or in the case of seed which is wholly or partly re packaged, the original package has been, sealed by the Scottish Ministers, or by... a licensed seed sampler or a person licensed or registered in any part of the United Kingdom as a professional seed operator under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or provisions equivalent to that regulation, not later than at the time of sampling in the United Kingdom with a sealing device in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.

(5) If a small package of seed which has been sealed in accordance with paragraph (4) is opened, it may not be marketed in accordance with regulation 6(1), 8, 9A, 9B, 11 or 12 unless it is re-sealed or further re-sealed by the Scottish Ministers, or by... a licensed seed sampler or a person licensed or registered in any part of the United Kingdom as a professional seed operator under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or provisions equivalent to that regulation, with a sealing device, in such a manner that the package cannot be opened without damaging the sealing system or leaving evidence of tampering on the label or package.

(6) No person shall market in accordance with regulation 6(1) a package of Breeder’s Seed unless it is marketed in a package which has been sealed with a sealing device in such a manner that the package cannot be opened without damaging the sealing system or leaving evidence of tampering on the label or package.

(7) If a package of Breeder’s Seed which has been sealed in accordance with paragraph (6) is opened it may not be marketed in accordance with regulation 6(1) unless it is re-sealed or further re sealed with a sealing device in such a manner that the package cannot be opened without damaging the sealing system or leaving evidence of tampering on the label or package.

Labelling of packages of fully certified seed

17

(1) Subject to regulations 18 and 19, no person shall market in accordance with regulation 6(1), 8, 9A, 9B, 11 or 12 any Pre basic Seed, Basic Seed, Seed of a Certified Generation, a mixture of seeds to which regulation 8 applies, test and trial seed, seed of a Conservation Variety, lower germination seed or early movement seed, except in a package which, not later than at the time of sealing, is labelled, inscribed or otherwise dealt with in accordance with this regulation.

(2) In the case of a package of seed in respect of which the Scottish Ministers have issued an official certificate under regulation 14(3) or in respect of which the Scottish Ministers have issued an official certificate re-grading the seed to a different category or level–

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

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

(3) In the case of seed of a variety which has been genetically modified, any label, document, printing or stamp, whether official or otherwise, affixed to or accompanying a seed lot or any part of a seed lot in accordance with the provisions of this regulation, and any particulars given under regulations 18 or 19, shall clearly indicate that the variety has been genetically modified.

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

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

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

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

(5) Subject to paragraph (10), a package (other than a small package sealed in the United Kingdom in accordance with regulation 16(4)) of Pre basic Seed, Basic Seed, Seed of a Certified Generation, a mixture of seed to which regulation 8 applies, test and trial seed, lower germination seed or early movement seed–

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

(i) which has not previously been used;

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

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

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

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

(a) that the official label, or the particulars printed or stamped on the package in accordance with paragraph (10), contains a statement that the minimum percentage of germination of the seed is less than the minimum percentage of germination for Basic Seed; and

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

(7) If in accordance with regulation 12 a person markets any early movement seed, that person shall ensure that there is a label affixed to the outside of the package containing–

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

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

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

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

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

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

(iii) in the case of a mixture of seeds to which regulation 8 applies, paragraph 6(a)(i) and (iv) of Part II of Schedule 6; and

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

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

(10) Notwithstanding paragraphs (5) and (6)(a), but subject to paragraphs (6)(b) and (7), a package (other than a small package sealed in the United Kingdom in accordance with regulation 16(4)) of Basic Seed, Seed of a Certified Generation, a mixture of seeds to which regulation 8 applies, test and trial seed, lower germination seed or early movement seed may be marketed if–

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

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

(b) the requirements of paragraphs 12 to 15 of Part VI of Schedule 6 are satisfied, in the case of a package sealed in Scotland; and

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

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

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

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

(12) Subject to paragraph (10) or (11), if a package of seed has been re sealed in accordance with regulations 16(3) or regulation 21(4) this fact shall be stated on the official label required under paragraph (5) or the label required under paragraph (11), as the case may be, together with the month and year of re sealing and the name of the authority responsible for the re sealing.

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

(a) where seed is being marketed in accordance with regulation 18, with the particulars given in accordance with that regulation;

(b) in a case where seed is not being marketed in accordance with regulation 18–

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

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

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

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

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

Marketing of unpacketed seed

18

A person may sell any seed otherwise than in a package which is sealed, labelled, inscribed or otherwise dealt with in accordance with regulation 16 and regulation 17(1), (2), (4) to (12), (14) and (15) where–

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

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

Marketing of Excepted Seed Marketed in Bulk

19

(1) Regulations 16 and 17 shall not apply to marketing of Excepted Seed Marketed in Bulk where the person marketing the seed delivers a note to the final consumer, not later than the time of delivery of the seed, containing the information given on the official label on the container from which the seed was taken.

(2) A supplier of seed shall prior to 10th January 2006 and prior to 10th January in each year thereafter notify the Scottish Ministers in such manner as the Scottish Ministers may from time to time specify of the quantities of Excepted Seed Marketed in Bulk by that supplier in the period from 1st January to 31st December in the immediately preceding year.

PART V — PROCEDURES FOR ISSUING BREEDER'S CONFIRMATIONS

Breeder’s confirmations

20

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

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

(b) shall be made not later than 15th March in the second year following the year of harvest of the crop from which the seed lot is obtained or within such other time as the Scottish Ministers may allow; and

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

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

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

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

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

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