The Fodder Plant Seed (Scotland) Regulations 2005

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 1964[^f00001] 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

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

• (2) These Regulations extend to Scotland only.

Interpretation

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• (1) In these Regulations–

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

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

• ...

• “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 GB Variety List or an NI Variety 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;

• “collection site” means a part of the source area, where the seed has been collected;

• “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 land regional conditions and threatened by genetic erosion and for marketing of seed of those landraces and varieties;

• “Commission Directive 2010/60” means Commission Directive 2010/60/EU providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment;

• “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 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 environment conditions of their regions; 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 a seed from a submitted sample taken–by a GB Authority or the NI Authority;by a licensed seed sampler; orby an applicant of a seed of a Conservation Variety;

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

• “crop-grown preservation mixture” means a preservation mixture produced in accordance with the following process—seed of individual species is taken at the collection site;the seed in paragraph (a) is multiplied outside the collection site as single species; andthe seeds of those species are then mixed to create a mixture composed of those genera, species and, where relevant, subspecies which are typical for the habitat type of the collection site;

• “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 Council[^f00006] 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;

• “directly harvested preservation mixture” means a preservation mixture marketed as collected at the collection site, with or without cleaning;

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

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

• ...

• “Equivalence Decision” means Council Decision 2003/17/EC[^f00009] 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 seed of field peas or field beans which are 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 Fodder Plant Seed Directive;

• “the Fodder Plant Seed Directive” means Council Directive 66/401/EEC on the marketing of fodder plant seed , as last amended by Commission Implementing Directive (EU) 2020/177;

• “the Food and Feed Regulation” means Regulation (EC) No 1829/2003 of the European Parliament and of the Council[^f00012] 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 Standard” means the standards which–are higher than the minimum standards prescribed for Certified Seed; andare specified in Part II of Schedule 4, being the standards and the level in respect of which an official certificate has been issued in accordance with Schedule 2,and the abbreviation “HVS” shall be construed accordingly;

• “HVS species of seed” means a species of fodder plant seed designated in Schedule 1 to which Higher Voluntary Standards may be applied;

• “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 or 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;

• “mixture of seeds” means a mixture of seeds to which regulation 8 applies;

• ...

• “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 to the Seeds (National Lists of Varieties) Regulations 2001;

• “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 International Authority;

• “official examination” means–in relation to Seed of a Certified Generation or Commercial Seed–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 International 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 a 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, 9 and 10 of Part I of Schedule 4; andparagraphs 11 and 12 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 International 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;

• “preservation mixture” means a mixture (other than a mixture covered by regulation 8) of fodder plant seed of any of the species specified in Schedule 1 (and which may also contain other constituents), which the Scottish Ministers are satisfied will, when used—assist in the conservation of genetic resource; andreduce the loss of genetic diversity or natural habitat;

• “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 provisions 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 Union regulated non-quarantine pests) of the EU Plant Health Regulation;

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