The Cereal Seed (Scotland) Regulations 2005

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

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

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

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

and any seed from which a breeder’s confirmation has been so withdrawn shall be deemed not to have had a breeder’s confirmation.

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

• (5) The breeder applying for the breeder’s confirmation shall notify the Scottish Ministers if the application to have the relevant variety or hybrid variety accepted on to a GB Variety List or an NI Variety List referred to in paragraph (1)(c) is withdrawn or refused.

• (6) If the application to have the relevant variety or hybrid variety accepted on to a GB Variety List or an NI Variety List referred to in paragraph (1)(c) is refused, the breeder applying for the breeder’s confirmation shall notify the Scottish Ministers if the refusal is subject of appeal proceedings and shall further notify the Scottish Ministers of the final outcome of those proceedings.

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

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

21

• (1) No person shall have in their possession any package of seed in respect of which a breeder’s confirmation for Pre basic Seed or Basic Seed has been applied for or issued unless it has been sealed in accordance with this regulation by the Scottish Ministers or 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 manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package.

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

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

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

• (b) where–

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

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

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

• (c) for the purpose of re packaging and re sealing all of the seed.

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

• (5) If the details on any label required by regulation 22 cease to be correct as a consequence of any action of the kind described in paragraph (3) the label shall be replaced by the Scottish Ministers or by ... a licensed seed sampler at the time the package is re sealed under paragraph (4).

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

22

• (1) No person shall have in their possession any package of seed in respect of which a breeder’s confirmation has been applied for unless it has been, not later than the time of sealing under regulation 21, 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 a breeder’s confirmation 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 breeder’s confirmation.

• (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, shall clearly indicate that the variety has been genetically modified.

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

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

• (b) which shall be–

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

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

• (iii) overstamped “not certified”.

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

• (a) the official label, or the particulars printed or stamped on the package in accordance with paragraph (6), shall contain a statement that the minimum percentage of germination of the seed is less than the minimum percentage of germination for Basic Seed; and

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

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

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

• (6) Notwithstanding paragraphs (3) to (5)(a) and (10), but subject to paragraph (5)(b), a package of seed need not be labelled if–

• (a) the appropriate particulars of the matters specified in the relevant paragraph of Part II of Schedule 6 and paragraphs (3), (5)(a), (9) and (10) are printed or stamped indelibly on the package in a panel of at least the size and of the colour so specified and over stamped “not certified”; and

• (b) the requirements of paragraphs 12 to 16 of Part VI of Schedule 6 are satisfied.

• (7) Subject to paragraph (8), a package of seed for which a breeder’s confirmation has been issued shall contain an official inner label which shall be of the same colour as, and in addition to, the official label affixed to the outside of the package in accordance with paragraph (4) and shall contain particulars of the matters specified in the items numbered–

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

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

• (8) The official inner label referred to in paragraph (7) shall not be required if the particulars specified in paragraphs (3), (7) and (10) are printed indelibly on the outside of the package or if the official label is an adhesive or tear resistant label.

• (9) If a package of seed has been re sealed in accordance with regulation 21(4) this fact shall be stated on the official label required in terms of paragraph (4), and if an official certificate is issued in respect of the seed, on the official label required in terms of regulation 17(12), together with the month and year of re sealing and the name of the authority responsible for the re sealing.

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

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

• (b) on the official label referred to in paragraph (4) or the printing or stamp referred to in paragraph (6),

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

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

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

• (13) Subject to the provisions of the Act and of these Regulations, no person shall wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label affixed to, contained in or marked on any package of seed or which is to be so affixed, contained or marked, except as may occur in the course of opening the package for the purposes of paragraph (2)(b), regulation 17(2)(b) or regulation 21(3).

PART VII — MISCELLANEOUS

Comparative tests and trials

23

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

Civil liabilities of sellers of seed

24

• (1) The particulars given to a purchaser by the seller of seed to which these Regulations apply, whether given in pursuance of these Regulations expressly or by implication arising from the description under which the seed is sold, shall constitute a statutory warranty for the purpose of section 17 of the Act in so far as they relate to the category of the seed, the percentage germination of the seed, the percentage analytical purity of the seed, the content of seed of other plant species, the varietal identity and the varietal purity of the seed or, in the case of a mixture of seed permitted by regulation 8, of each of its constituents to which these Regulations apply.

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

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

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

• (5) On the day and at the time appointed by the seller in accordance with paragraph (4) or, if the seller fails to appoint such a day and time, on a day not more than 28 days after delivery of the seed to the purchaser, the purchaser or the purchaser’s representative may, and if the seller or the seller’s representative is present shall, take a sample from the relevant seed lot or part of a seed lot sold to the purchaser, which sample shall be at least twice the minimum weight prescribed in paragraph 26 of Part II of Schedule 5.

• (6) A sample taken in accordance with the requirements of paragraph (5) shall be taken, and divided by the purchaser or the purchaser’s representative into two parts in accordance with the methods specified in Part I of Schedule 5, each part being of at least the minimum weight prescribed in paragraph 26 of Part II of Schedule 5, of which one part shall be sent to the Chief Officer of the Official Seed Testing Station for Scotland for the purpose of being tested and the other part delivered or tendered to the seller or the seller’s representative or, if the seller or the seller’s representative was not present when the sample was taken, sent to the seller by post.

Service of notices

25

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

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

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

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

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

• (2) For the purposes of this regulation and section 7 (service of documents by post) of the Interpretation Act 1978⁷ in its application to this regulation, the proper address of any person to whom a notice is to be given shall be that person’s last known address, except that–

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

• (b) in other cases it shall be–

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

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

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

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

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

Written and electronic communication

26

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

• (2) “Writing” in paragraph (1) includes an electronic communication as defined in the Electronic Communications Act 2000⁸, which has been recorded and is consequently capable of being reproduced, provided that–

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

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

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

27

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

Revocations and supplementary provisions

28

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

• (2) Section 17 (repeal and re enactment) of the Interpretation Act 1978 shall not apply in relation to general licences granted under the Cereal Seeds Regulations 1993.

SCHEDULE1 — SPECIES OF SEED TO WHICH THE REGULATIONS APPLY

Column 1	Column 2
Common Name	Latin Name
Barley	Hordeum vulgare L.
Durum Wheat	Tritucum durum Desf.
Maize, except for popcorn and sweet corn	Zea mays L. (partim) except for Zea mays convar. microsperma Koern. and Zea mays convar. saccharata Koern.
Oats and Red oat	Avena sativa L. (includes A. byzantina K. Koch)
Small naked oat, Hulless oat.	Avena nuda.L.
Rye	Secale cereale L.
Spelt Wheat	Triticum spelta L.
Triticale	xTriticosecale Wittm. ex A. Camus – hybrids resulting from the crossing of a species of the genus Triticum and a species of the genus Secale
Wheat	Triticum aestivum L.

SCHEDULE 2 — OFFICIAL CERTIFICATES AND BREEDER'S CONFIRMATIONS

PART I — OFFICIAL CERTIFICATES

Applications for seed harvested in the United Kingdom

1

On receipt of an application made in accordance with regulation 14(1) ... for the issue of an official certificate in respect of a seed lot as Pre-basic Seed⁹, Basic Seed¹⁰ or Seed of a Certified Generation¹¹, the Scottish Ministers shall, subject to paragraphs 2 and 3, issue in respect of such a seed lot an official certificate containing the particulars specified in paragraph 1 of Schedule 3.

When applications will be refused

2

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

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

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

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

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

• (c) an official examination of a sample of the seed lot has shown that the seed lot meets the standards appropriate to the relevant category of seed referred to in the application specified in paragraph 16(1) of Part II of Schedule 4,

except that paragraph 2(1)(c), in so far as it relates to standards of percentage of germination specified in paragraph 13 of Part II of Schedule 4, shall not apply in relation to an application for the issue of an official certificate in respect of lower germination seed.

• (2) Notwithstanding sub paragraph (1), the Scottish Ministers shall refuse to issue an official certificate certifying a seed lot either as–

• (a) Basic seed if the seed lot was certified at the time of the relevant application as Seed of a Certified Generation; or

• (b) Pre basic seed if the seed lot was certified at the time of the relevant application as either Basic Seed or Seed of a Certified Generation,

unless the application is accompanied by the written consent of the Breeder.

When applications may be refused

3

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

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

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

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

Applications for seed harvested in an EEA State or third country

4

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

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

• (a) the seed has been—

• (i) produced directly from—

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

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

• (ii) harvested outside the United Kingdom, and

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

• (b) the seed has been—

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

• (ii) harvested outside the United Kingdom, and

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

• (c) the seed—

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

• (ii) has been produced directly from—

• (aa) fully certified Pre-basic Seed, or

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

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

• (iv) has been shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, 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 I 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

5

On receipt of an application made in accordance with regulation 20(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

6

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 to 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 16(1) of Part II of Schedule 4.

When applications may be refused

7

The Scottish Ministers may refuse to issue a breeder’s confirmation in respect of a seed lot if–

• (a) it appears to them that 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) it appears to them that an official examination of a control plot sown with a sample of the seed lot shows that the crop does not meet the appropriate standards specified in Part I of Schedule 4;

• (c) it appears to them that 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; or

• (d) the breeder applying for the breeder’s confirmation in respect of the seed lot notifies them that the application to have the relevant variety or hybrid variety accepted on to a GB Variety List or an NI Variety List has been withdrawn or refused.

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/level, as appropriate;

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

• (f) seed treatment, if any; and

• (g) if the seed is Pre basic Seed or Basic Seed and the seed attains a lower percentage of germination than that specified in paragraph 16(1) of Part II of Schedule 4, a statement to that effect.

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, or AFP number and breeder’s designation if appropriate, category/level, as appropriate;

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

• (f) seed treatment, if any;

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

• (h) if the seed is Pre basic Seed or Basic Seed and the seed attains a lower percentage of germination than that specified in paragraph 16(1) of Part II of Schedule 4, a statement to that effect.

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

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

Methods of ascertaining whether crop requirements are met

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 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

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

• (2) 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–

• (a) are such as to permit suitable checks of varietal identity, varietal purity, species purity and wild oats contamination to be made; and

• (b) meet the requirements of the Scottish Ministers.

• (3) A crop from which HVS level seed of Basic Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation is to be produced shall not be more than one third lodged at the time of inspection.

• (4) Subject to sub paragraphs (5) and (6), at least one field inspection of the crop shall be carried out.

• (5) Subject to sub-paragraph (6), at least three field inspections shall be carried out in the case of an inbred line or hybrid of maize.

• (6) In the case of maize, where the crop to be examined follows a maize crop in either the preceding or current year, at least one special field inspection shall be carried out to check that the condition contained in paragraph 1 has been complied with.

• (7) For the purposes of this paragraph “lodged” means an area of crop which has been displaced from the vertical by more than 45 degrees.

Harmful organisms in the crop

4

• (1) The crop must be practically free from any pests which reduce the usefulness and quality of the seed.

• (2) The crop must also 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 the measures adopted pursuant to Article 30(1) of that Regulation.

Previous cropping

5

• (1) 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.

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

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 distances

7

• (1) Subject to sub-paragraph (2), for maize, self-pollinating varieties of triticale, rye and hybrids of barley , durum wheat, spelt wheat and wheat produced by means of cytoplasmic male sterility, 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)—

Column 1	Column 1	Column 1	Column 2
Crop	Crop	Crop	Minimum Distance
(a)	Maize–	Maize–	Maize–
	(i)	for the production of Basic Seed	200 metres
	(ii)	for the production of Certified Seed	200 metres
(b)	Self-pollinating variety of triticale—	Self-pollinating variety of triticale—	Self-pollinating variety of triticale—
	(i)	for the production of Basic Seed	50 metres
	(ii)	for the production of Certified Seed	20 metres
(c)	Rye (other than hybrids)—	Rye (other than hybrids)—	Rye (other than hybrids)—
	(i)	for the production of Basic Seed	300 metres
	(ii)	for the production of Certified Seed	250 metres
(d)	Hybrids of rye—	Hybrids of rye—	Hybrids of rye—
	(i)	for the production of Basic Seed where male sterility is used	1,000 metres
	(ii)	for the production of Basic Seed where male sterility is not used	600 metres
	(iii)	for the production of Certified Seed	500 metres
(e)	Hybrids of barley produced by means of cytoplasmic male sterility—	Hybrids of barley produced by means of cytoplasmic male sterility—
	(i)	for the production of Basic Seed	100 metres
	(ii)	for the production of Certified Seed	50 metres
(f)	Hybrids of durum wheat, spelt wheat and wheat produced by means of cytoplasmic male sterility—	Hybrids of durum wheat, spelt wheat and wheat produced by means of cytoplasmic male sterility—
	(i)	for the production of Basic Seed	300 metres
	(ii)	for the production of Certified Seed	25 metres

• (2) The minimum distance specified in paragraph (1) may, subject to the approval of the Scottish Ministers, be modified or disregarded if the Scottish Ministers are satisfied that there is adequate protection against undesirable foreign pollen.

Standards for varietal purity

8

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

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

• (b) 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.

• (2) In crops of rye, including hybrids of rye, the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed–

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

• (b) subject to sub-paragraph (4)(a) in relation to hybrids of rye, one plant in 10 square metres for the production of Certified Seed.

• (3) In crops of maize–

• (a) the percentage by number of plants which are recognisable as obviously not being true to the variety, 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 maize	Percentage by number of plants
iFor the production of Basic Seed–
aainbred lines	0.1%
bbsimple hybrid, each component	0.1%
ccopen-pollinated varieties	0.5%
iiFor the production of Certified Seed–
aaa component of a hybrid variety
aaAin the case of an inbred line	0.2%
aaBin the case of a simple hybrid	0.2%
aaCin the case of open pollinated variety	1.0%
bbin the case of open pollinated varieties	1.0%

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

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

• (ii) where appropriate emasculation shall be carried out; and

• (iii) where 5% or more of the female component plants have receptive stigmas, the percentage of female component plants which have shed pollen or are shedding pollen shall not exceed–

• (aa) 1% at any official field inspection; and

• (bb) 2% at the total of the official field inspections;

• (c) for the purposes of sub paragraphs (b)(i) and (iii) plants shall be considered as having shed pollen or to be shedding pollen where, on 50 millimetres or more of the central axis or laterals of a panicle, the anthers have emerged from their glumes and have shed or are shedding pollen.

• (4) In crops of hybrids of rye–

• (a) in an official field inspection the standard in paragraph (2)(b) shall apply to the female component only;

• (b) in the case of Basic Seed, where male sterility is used, the level of sterility of the male sterile component shall be at least 98%; and

• (c) where appropriate, Certified Seed shall be produced in mixed cultivation of a female male sterile component with a male component which restores male fertility.

• (5) In crops of hybrids of barley, durum wheat, oats, self-pollinating triticale, spelt wheat or wheat other than hybrids of barley, durum wheat, spelt wheat or wheat produced by means of cytoplasmic male sterility—

• (a) subject to sub-paragraph (b), varieties of the female component of the crop shall be at least 25 metres from a crop of any other variety of the same species except from a crop of the male component;

• (b) sub-paragraph (a) shall not apply if there is sufficient protection from any undesirable foreign pollination;

• (c) where seed is produced using a chemical hybridisation agent, the crop shall conform to the following standards or other conditions—

• (i) the minimum varietal purity of each component shall be—

• (aa) in the case of barley, durum wheat, oats, spelt wheat or wheat, 99.7%; and

• (bb) in the case of self-pollinating varieties of triticale, 99.0%; and

• (ii) the minimum hybridity must be 95%; and

• (d) in cases where the hybridity is determined during seed testing prior to certification, the determination of the hybridity during a field inspection need not be done.

• (6) In crops of hybrids of barley produced by means of cytoplasmic male sterility—

• (a) the percentage by number of plants which are recognisable as obviously not being true to the variety shall not exceed—

• (i) where the crop is used for the production of Basic Seed, 0.1% for the maintainer and the restorer line and 0.2% for the cytoplasmic male sterility female component; and

• (ii) where the crop is used for the production of Certified Seed—

• (aa) 0.3% for the restorer and the cytoplasmic male sterility female component; or

• (bb) 0.3% for the restorer and 0.5% for the cytoplasmic male sterility female component, where the cytoplasmic male sterility component is a simple hybrid;

• (b) the level of sterility of the female component shall be at least—

• (i) where the crop is used for the production of Basic Seed, 99.7%; and

• (ii) where the crop is used for the production of Certified Seed, 99.5%; and

• (c) in the case of Certified Seed, the crop may be produced in mixed cultivation of a female male-sterile component with a male component which restores fertility.

• (7) In crops of hybrids of durum wheat, spelt wheat and wheat produced by means of cytoplasmic male sterility—

• (a) the percentage by number of plants which are recognisable as obviously not being true to the variety shall not exceed—

• (i) where the crop is used for the production of Basic Seed—

• (aa) 0.1% for the maintainer and the restorer line and 0.3% for the cytoplasmic male sterility female component; and

• (ii) where the crop is used for the production of Certified Seed—

• (aa) 0.3% for the restorer line and 0.6% for the cytoplasmic male sterility female component; or

• (bb) 0.3% for the restorer line and 1% for the cytoplasmic male sterility female component, where the cytoplasmic male sterility female component is a simple hybrid;

• (b) the level of sterility of the female component shall be at least—

• (i) where the crop is used for the production of Basic Seed, 99.7%; and

• (ii) where the crop is used for the production of Certified Seed, 99%; and

• (c) in the case of Certified Seed, the crop may be produced in mixed cultivation of a female male-sterile component with a male component which restores fertility.

Standards for wild oats contamination

9

The maximum number of wild oats per hectare shall be as follows–

Crops to produce	Level where applicable	Barley (other than hybrids)	Hybrid of barley	Durum wheat, spelt wheat and wheat (other than hybrids in each case)	Hybrid of durum wheat, spelt wheat and wheat	Maize and rye (including hybrids)	Oats (other than hybrids)	Hybrid of oats	Hybrid of self-pollinating varieties of triticale	Triticale
Basic Seed	HVS	7	n/a	7	n/a	n/a	0	n/a	n/a	n/a
	Minimum	7	n/a	7	n/a	7	0	n/a	n/a	7
Certified Seed	–	n/a	20	n/a	50	50	n/a	0	50	n/a
Certified Seed of the First Generation	HVS	7	n/a	7	n/a	n/a	0	n/a	n/a	n/a
	Minimum	20	n/a	50	n/a	n/a	0	n/a	n/a	50
Certified Seed of the Second Generation	HVS	7	n/a	7	n/a	n/a	0	n/a	n/a	n/a
	Minimum	20	n/a	50	n/a	n/a	0	n/a	n/a	50

Standards for other cereal species

10

In the case of barley, durum wheat, oats, spelt wheat and wheat, the crop shall conform to the following standards as regards the minimum species purity–

Crops to produce	Minimum standard (percentage by number)	Higher Voluntary Standard (percentage by number)
aBasic seed	n/a	99.99%
bCertified Seed of the First Generation	n/a	99.99%
cCertified Seed of the Second General	n/a	99.99%

Crop standards for loose smut infection

11

The maximum percentage by number of loose smut infection shall be as follows–

Column 1	Column 2	Column 3
Category (Barley, durum wheat, spelt wheat and wheat)	Level (where appropriate)	Maximum percentage by number of loose smut infection
aBasic Seed	HVS	0.1%
	Minimum	0.5%
bCertified Seed	–	0.5%
cCertified Seed of the First Generation	HVS	0.2%
	Minimum	0.5%
dCertified Seed of the Second Generation	HVS	0.2%
	Minimum	0.5%

Crop conditions for Pre basic Seed

12

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 minimum level Basic Seed is to be produced.

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

Standards for varietal purity

13

• (1) The seed shall possess sufficient varietal identity and varietal purity or, in the case of an inbred line, sufficient identity and purity as regards its characteristics.

• (2) For the seed of hybrid varieties, the requirement for sufficient identity and purity shall also apply to the characteristics of the components.

• (3) In particular, seed of the species, category and level specified in columns 1 and 2 of the following table shall possess at least the percentage of minimum varietal purity specified in the corresponding entry in column 3 of the table–

Column 1	Column 2	Column 3
Species and category	Level (where appropriate)	Percentage of minimum varietal purity
aBarley, durum wheat, oats, spelt wheat and wheat except hybrids in each case–
iBasic Seed	HVS	99.95%
	Minimum	99.90%
iiCertified Seed of the First Generation	HVS	99.90%
	Minimum	99.70%
iiiCertified Seed of the Second Generation	HVS	99.70%
	Minimum	99.00%
b Hybrids of barley, durum wheat, oats, self-pollinating varieties of triticale, spelt wheat or wheat other than hybrids of barley, durum wheat, spelt wheat and wheat produced by means of cytoplasmic male sterility—
iCertified Seed		90.00%
baHybrids of barley , durum wheat, spelt wheat and wheat produced by means of cytoplasmic male sterility—
iCertified Seed		85.00%
cSelf pollinating varieties of triticale–
iBasic Seed	–	99.70%
iiCertified Seed of the First Generation	–	99.00%
iiiCertified Seed of the Second Generation	–	98.00%

• (4) For the purposes of sub paragraph (3)(a) and (b), the minimum varietal purity of seed shall be examined mainly in official field inspections carried out in accordance with the conditions specified in paragraph 3 of Part I of this Schedule.

• (4A) For the purposes of sub-paragraph (3)(ba), impurities other than the restorer shall not exceed 2%.

• (5) For the purposes of sub-paragraphs (3)(b), (ba) and (c), the minimum varietal purity of the seed shall be examined in official post-control tests on an appropriate proportion of samples.

Production of Certified Seed of hybrids of maize

14

• (1) 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 maize, the seed produced–

• (a) by mixing the seed lots in a proportion appropriate to the variety where, on the one hand a female male sterile component has been used and, on the other, a female male fertile component has been used; or

• (b) by growing the female male sterile component and the female male fertile component in a proportion appropriate to the variety.

• (2) In the case of seed produced in the manner specified in sub paragraph (1)(b) the proportion of the female male sterile and female male fertile components shall be examined in field inspections carried out in accordance with the conditions laid down in paragraph 3 of Part I of this Schedule.

Standards for varietal purity for hybrid varieties of rye and cytoplasmic male sterility hybrid varieties of barley, durum wheat, spelt wheat and wheat

15

In the case of seed of a hybrid variety of rye or a cytoplasmic male sterility hybrid variety of barley , durum wheat, spelt wheat or wheat, the seed shall not be certified as Certified Seed unless due account has been taken 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.

Standards of germination, analytical purity and content of seed of other plant species

16

• (1) The seed shall conform to the standards or other conditions as regards germination, analytical purity and the content of seeds of other plant species specified in the following table–