The Fodder Plant Seed (Scotland) Regulations 2005

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

• (a) for packages sealed in—

• (i) 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) 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 13 to 16 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 ... A or a small ... B 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 II 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 resealed in accordance with regulation 16(3) or 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 resealing and the name of the authority responsible for the resealing.

• (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 regulations 16 and 17 where–

• (a)

• (i) in relation to species other than field peas and field beans the seed is sold in a quantity not exceeding 2 kilograms to the final consumer;

• (ii) in relation to field peas and field beans the seed is sold in a quantity not exceeding 3 kilograms to the final consumer;

• (iii) in relation to mixtures the seed is sold in a quantity not exceeding 7 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 paragraph 11 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 they 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 31st December in the 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

• (c) shall be made only–

• (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);

• (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 the 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 repackaged, 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 resealed 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 (b)(i); and

• (iii) the package is resealed immediately after the seed is sown in accordance with sub-paragraph (b)(i); or

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

• (4) If a package of seed which has been sealed in accordance with paragraph (1), or resealed 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, resealed or further resealed, 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 resealed 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 at 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 regrading 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 device 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 13 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 resealed 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 resealing and the name of the authority responsible for the resealing.

• (10) If any seed has been subjected to any chemical treatment this fact and the nature of the treatment and 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 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) or regulations 17(2)(b) or 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 or 8A, 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 Fodder Plant Seeds Regulations 1993.

SCHEDULE 1 — SPECIES OF SEED TO WHICH THE REGULATIONS APPLY

Column 1	Column 2
Common Name	Latin Name
Grasses	Poaceae (Gramineae)
Alaska brome-grass	Bromus sitchensisTrin.
Annual meadowgrass	Poa annuaL.
Brown top	Agrostis capillarisL.
Cocksfoot*	Dactylis glomerata L.
Creeping bent	Agrostis stolonifera L.
Festulolium	xFestulolium Asch. & Graebn. – Hybrids resulting from crossing of a species of the genus Festucawith a species of the genus Lolium
Fine leaved sheep’s fescue	Festuca filiformis Pourr.
Hard fescue	Festuca trachyphylla (Hack.) Krajina
Sheep’s fescue	Festuca ovina L.
Hybrid ryegrass*	Lolium x hybridum Hausskn
Italian ryegrass (including Westerwolds ryegrass)*	Lolium multiflorum Lam.
Meadow fescue*	Festuca pratensis Huds.
Perennial ryegrass*	Lolium perenne L.
Red fescue (including Chewings fescue)*	Festuca rubra L.
Red top	Agrostis gigantea Roth
Rescue grass	Bromus catharticus Vahl.
Rough-stalked meadowgrass	Poa trivialis L.
Small Timothy*	Phleum nodosum L.
Smooth-stalked meadowgrass*	Poa pratensis L.
Tall fescue*	Festuca arundinacea Schreber
Tall oatgrass	Arrhenatherum elatius (L.) P. Beauv. ex J. Presl & C. Presl
Timothy*	Phleum pratense L.
Velvet bent	Agrostis canina L.
Wood meadowgrass	Poa nemoralis L.
Legumes	Fabaceae (Leguminosae)
Alsike clover	Trifolium hybridum L.
Birdsfoot trefoil	Lotus corniculatus L.
Common vetch	Vicia sativa L.
Field bean	Vicia faba L. (partim)
Field pea	Pisum sativum L. (partim)
Hairy vetch	Vicia villosa Roth
Hungarian vetch	Vicia pannonica Crantz
Lucerne*	Medicago sativa L.
Sand lucerne*	Medicago x varia T. Martyn
Narrow-leaved lupin (Blue lupin)	Lupinus angustifolius L.
Red clover*	Trifolium pratense L.
Sainfoin*	Onobrychis viciifolia Scop.
Trefoil, Black medick	Medicago lupulina L.
White clover*	Trifolium repens L.
White lupin	Lupinus albus L.
Yellow lupin	Lupinus luteus L.
Others
Fodder kale	Brassica oleracea L. convar. acephala (DC.) Alef. var. medullosa Thell. + var. varidis L.
Fodder radish	Raphanus sativus L. var. oleiformis Pers.
Swede	Brassica napus L. var. napobrassica (L.)Rchb.
* denotes species to which Higher Voluntary Standards may be applied.	* denotes species to which Higher Voluntary Standards may be applied.

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 Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed, 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 Part II of Schedule 4,

except that–

• (i) paragraphs 2(1)(a) and (b) shall not apply in relation to an application for the issue of an official certificate in respect of Commercial Seed; and

• (ii) 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 sown in the field 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, Seed of a Certified Generation or Commercial Seed, 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, on official field inspection, 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 1 of schedule 4 (crop standards); and

• (b) has been packed in a sealed package in accordance with the requirements of regulation 16 (sealing of packages of fully certified seed) and has been labelled in accordance with the requirements of regulation 17 (labelling of packages of fully certified seed) and schedule 6.

PART II — BREEDER'S CONFIRMATIONS

Applications

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 13 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 it appears to them that–

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

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

• (c) there has been a breach of seeds regulations in relation to the seed lot in respect of which application for a breeder’s confirmation has been made; 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, A BREEDER’S CONFIRMATION OR AN AUTHORISATION TO MARKET A PRESERVATION MIXTURE

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 13 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, as appropriate;

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

• (f) seed treatment, if any;

• (g) 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 13 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, CERTIFIED SEED OF THE SECOND GENERATION AND COMMERCIAL SEED

PART I — CONDITIONS RELATING TO CROPS FROM WHICH SEED OTHER THAN COMMERCIAL 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 sown in the field and the consideration of any other relevant information.

Varietal identity and varietal purity

2

The characteristics used for the determination of varietal identity and varietal purity shall be those to which regard was had when the relevant variety was accepted on to the relevant GB Variety List or NI Variety List.

Crop inspection

3

• (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 and species purity to be made; and

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

• (3) At least one official field inspection of the crop shall be carried out.

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.

• (3) The presence of RNQPs on the crop and the respective categories must comply with the requirements set out in the following table—

RNQPs or symptoms caused by RNQPs	Plants for planting (genus or species)	Thresholds for the production of pre-basic seed	Thresholds for the production of basic seed	Thresholds for the production of certified seed
Clavibacter michiganensis ssp. insidiosus (McCulloch 1925) Davis et al. [CORBIN]	Lucerne	0%	0%	0%
Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]	Lucerne	0%	0%	0%

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.

Limitations on number of harvest years

6

A crop to produce Pre-basic Seed, Basic Seed or Certified Seed of hybrid or Italian ryegrass shall not be used to produce a crop in the second year unless–

• (a) Pre-basic Seed was produced in the first harvest year in which case Basic Seed may be produced in the second harvest year;

• (b) Basic Seed was produced in the first harvest year from a crop grown from officially certified Pre-basic Seed, in which case Certified Seed may be produced in the second harvest year;

• (c) for a tetraploid variety of hybrid ryegrass, Certified Seed was produced in the first harvest year from a crop grown from officially certified Basic Seed, in which case Certified Seed may be produced in the second harvest year.

Isolation distances – general

7

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

8

For a crop shown in Column 1 of the following table, the minimum distances 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 distances specified in column 2 or 3, as appropriate (which can include any distance of at least 2 metres of fallow ground required under paragraph 7 of this Part of this Schedule)–

Column 1	Column 2	Column 3
Crop	Minimum Distances	Minimum Distances
	Crop Area up to 2 hectares	Crop Area over 2 hectares>
aAll grasses other than apomictic unicloncal varieties of smooth stalked meadowgrass–
ifor the production of Basic Seed	200 metres	100 metres
iifor the production of Certified Seed	100 metres	50 metres
bAll legumes other than field bean, field pea, vetches & lucerne and for fodder radish–
ifor the production of Basic Seed	200 metres	100 metres
iifor the production of Certified Seed	100 metres	50 metres
cField bean, vetches & lucerne–
ifor the production of Basic Seed & Certified Seed of the First Generation	200 metres	100 metres
iifor the production of Certified Seed of the Second Generation	100 metres	50 metres
dFodder kale & swede–
ifor the production of Basic Seed	400 metres	400 metres
iifor the production of Certified Seed	200 metres	200 metres

Standards for varietal purity

9

The crop shall have sufficient varietal identity and varietal purity and in particular the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed–

	In Crops to Produce	In Crops to Produce
	Basic Seed	Seed of a Certified Generation
aIn the case of all grasses except smooth stalked meadowgrass	One plant in 30 square metres	One plant in 10 square metres
bIn the case of all legumes except field peas & field beans and in the case of fodder radish	One plant in 30 square metres	One plant in 10 square metres
cIn the case of smooth stalked meadowgrass
iapomictic uniclonal varieties	One plant in 20 square metres	Six plants in 10 square metres
iiall varieties except apomictic uniclonal varieties	One plant in 20 square metres	Four plants in 10 square metres

Crop conditions for Pre basic Seed

10

For the purpose of determining whether a crop from which Pre basic Seed is to be produced meets the conditions specified in this Part of this Schedule, the crop from which such seed is to be produced shall be treated in the same way as a crop from which Basic Seed is to be produced.

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

Standards for varietal purity

11

• (1) The seed shall possess sufficient varietal identity and varietal purity and in particular seed of the species and category specified in Column 1 of the following table shall possess at least the percentage of minimum varietal purity specified in the corresponding entry in column 2 of the table–

Species and category	Percentage of minimum varietal purity
Column 1	Column 2
aFodder kale, apomictic uniclonal varieties of smooth-stalked meadowgrass and swede–
iBasic Seed	99.7
iiCertified Seed	98.0
bField beans and field peas–
iBasic Seed	99.7
iiCertified Seed of the First Generation	99.0
iiiCertified Seed of the Second Generation	98.0

• (2) For the purposes of paragraph (1), the minimum varietal purity of seed shall be examined mainly in official field inspections carried out in accordance with conditions specified in Part I of this Schedule.

Harmful organisms in the seed

12

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

• (2) The seed 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.

• (3) The presence of RNQPs on the seeds and the respective categories must comply with the requirements set out in the following table—

RNQPs or symptoms caused by RNQPs	Plants for planting (genus or species)	Thresholds for pre-basic seed	Thresholds for basic seed	Thresholds for certified seed
Clavibacter michiganensis ssp. insidiosus (McCulloch 1925) Davis et al. [CORBIN]	Lucerne	0%	0%	0%
Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]	Lucerne	0%	0%	0%

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

13

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–

Species	Minimum germination (% by number of pure seeds or pure pellets)[^f01001]	Maximum hard seed content (% by number of pure seeds or pure pellets)	Minimum analytical purity (% by weight)	Minimum analytical purity (% by weight)	Maximum total content of seeds of other plant species (% by weight)	Maximum total content of seeds of other plant species (% by weight)	Maximum total content of seeds of other plant species (% by weight)
	Basic Seed and Certified Seed	Basic Seed and Certified Seed	Basic Seed and Certified Seed (minimum standard)	Certified Seed (Higher Voluntary Standard)	Basic Seed	Certified Seed (minimum standard)	Certified Seed (Higher Voluntary Standard)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
(a)All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.	(a)All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.	(a)All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.	(a)All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.	(a)All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.	(a)All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.	(a)All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.	(a)All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.
(b)Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.	(b)Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.	(b)Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.	(b)Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.	(b)Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.	(b)Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.	(b)Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.	(b)Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.
(c)Including Commercial Seed.	(c)Including Commercial Seed.	(c)Including Commercial Seed.	(c)Including Commercial Seed.	(c)Including Commercial Seed.	(c)Including Commercial Seed.	(c)Including Commercial Seed.	(c)Including Commercial Seed.
(d)For Commercial Seed 3.5%.	(d)For Commercial Seed 3.5%.	(d)For Commercial Seed 3.5%.	(d)For Commercial Seed 3.5%.	(d)For Commercial Seed 3.5%.	(d)For Commercial Seed 3.5%.	(d)For Commercial Seed 3.5%.	(d)For Commercial Seed 3.5%.
n/aNot applicable (no standard).	n/aNot applicable (no standard).	n/aNot applicable (no standard).	n/aNot applicable (no standard).	n/aNot applicable (no standard).	n/aNot applicable (no standard).	n/aNot applicable (no standard).	n/aNot applicable (no standard).
Grasses
Cocksfoot	80	[^f01005]	90	90	0.3	1.5	1.5
Festulolium	75	[^f01005]	96	98	0.3	1.5	1.5
Hybrid ryegrass	75	[^f01005]	96	98	0.3	1.5	1.5
Italian ryegrass	75	[^f01005]	96	98	0.3	1.5	1.5
Meadow fescue	80	[^f01005]	95	98	0.3	1.5	1.5
Perennial ryegrass	80	[^f01005]	96	98	0.3	1.5	1.5
Red fescue	75	[^f01005]	90	95	0.3	1.5	1.5
Smooth-stalked meadowgrass	75	[^f01005]	85	90	0.3	2.0	1.5
Tall fescue	80	[^f01005]	95	98	0.3	1.5	1.5
Timothy (including small Timothy)	80	[^f01005]	96	98	0.3	1.5	1.5
Legumes
Lucerne	80[^f01002]	40	97	98	0.3	1.5	1.5
Red clover	80[^f01002]	20	97	98	0.3	1.5	1.5
Sainfoin	75[^f01002] [^f01003]	20[^f01003]	95[^f01003]	98	0.3	2.5[^f01004]	1.5
White clover	80[^f01002]	40	97	98	0.3	1.5	1.5
Species	Minimum germination (% by number of pure seeds or pure pellets)[^f01006]	Maximum hard seed content (% by number of pure seeds or pure pellets)	Minimum analytical purity (% by weight)	Maximum total content of seeds of other plant species (% by weight)	Maximum total content of seeds of other plant species (% by weight)
---	---	---	---	---	---
	All categories	All categories	All categories	Basic Seed	Certified Seed, Certified Seed of the First and Second Generations
(1)	(2)	(3)	(4)	(5)	(6)
(a)All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.	(a)All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.	(a)All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.	(a)All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.	(a)All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.	(a)All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.
(b)Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.	(b)Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.	(b)Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.	(b)Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.	(b)Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.	(b)Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.
(c)For Commercial Seed 97%.	(c)For Commercial Seed 97%.	(c)For Commercial Seed 97%.	(c)For Commercial Seed 97%.	(c)For Commercial Seed 97%.	(c)For Commercial Seed 97%.
(d)For Commercial Seed 2.0%.	(d)For Commercial Seed 2.0%.	(d)For Commercial Seed 2.0%.	(d)For Commercial Seed 2.0%.	(d)For Commercial Seed 2.0%.	(d)For Commercial Seed 2.0%.
(e)For Commercial Seed 3.0%.	(e)For Commercial Seed 3.0%.	(e)For Commercial Seed 3.0%.	(e)For Commercial Seed 3.0%.	(e)For Commercial Seed 3.0%.	(e)For Commercial Seed 3.0%.
n/aNot applicable (no standard).	n/aNot applicable (no standard).	n/aNot applicable (no standard).	n/aNot applicable (no standard).	n/aNot applicable (no standard).	n/aNot applicable (no standard).
Grasses
Alaska brome-grass	75	[^f01011]	97	0.4	1.5
Annual meadowgrass	75	[^f01011]	85	0.3	2.0[^f01010]
Brown top	75	[^f01011]	90	0.3	2.0
Creeping bent	75	[^f01011]	90	0.3	2.0
Red top	80	[^f01011]	90	0.3	2.0
Rescue grass	75	[^f01011]	97	0.4	1.5
Rough-stalked meadowgrass	75	[^f01011]	85	0.3	2.0
Fine leaved sheep’s fescue	75	n/a	85	0.3	2.0
Hard fescue	75	n/a	85	0.3	2.0
Sheep’s fescue	75	[^f01011]	85	0.3	2.0
Tall oatgrass	75	[^f01011]	90	0.3	3.0
Velvet bent	75	[^f01011]	90	0.3	2.0
Wood meadowgrass	75	[^f01011]	85	0.3	2.0
Legumes
Aliske clover	80[^f01007]	20	97	0.3	1.5
Birdsfoot trefoil	75[^f01007]	40	95	0.3	1.8
Common vetch	85[^f01007]	20	98	0.3	1.0
Field bean	80[^f01007]	5	98	0.3	0.5
Field pea	80	[^f01011]	98	0.3	0.5
Hairy vetch	85[^f01007]	20	98	0.3	1.0
Hungarian vetch	85[^f01007]	20	98[^f01008]	0.3	1.0[^f01009]
Narrow-leaved lupin (Blue lupin)	75[^f01007]	20	98 (c)	0.3	0.5
Trefoil	80[^f01007]	20	97	0.3	1.5
White lupin	80[^f01007]	20	98 (c)	0.3	0.5
Yellow lupin	80[^f01007]	20	98 (c)	0.3	0.5
Others
Fodder kale	75	[^f01011]	98	0.3	1.0
Fodder radish	80	[^f01011]	97	0.3	1.0
Swede	80	[^f01011]	98	0.3	1.0

Standards regarding content of seeds of other plant species

14

The seeds shall comply, where appropriate, with the standards in the following tables and where number standards are indicated a sample of the size indicated in column 2 shall be examined–