The Fodder Plant Seed (Scotland) Regulations 2005

[^M_F_4ebb53ad-f61c-47f3-94ca-0339f2febd51]: Word in sch. 6 para. 10(i) omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(h)(iii)(ee); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_95b25c6b-74f3-4391-aeea-087f7c75c1ee]: Words in sch. 6 para. 10(h)(ii) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(h)(iii)(ff); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_b7e63d2a-28cc-49ef-bf29-3df7c90d96fb]: Words in sch. 6 para. 10(i)(ii) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(h)(iii)(gg); 2020 c. 1, Sch. 5 para. 1(1)

[^key-0ec6bb15291770116f505529555ca09b]: Word in reg. 2(1) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 6

Exception for scientific purposes or selection work

Exception for test and trial seed

9A

• (1) Regulation 6(1)(b) does not apply to the marketing by a producer of seed for test and trial purposes in accordance with—

• (a) a tests and trials authorisation; or

• (b) an authorisation has been granted to the producer, in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

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

• (ii) the NI Authority.

• (2) A producer established in Scotland may apply to the Scottish Ministers for authority to market seed for the purposes of tests or trials to be carried out at an agricultural enterprise to gather information on the cultivation or use of a variety of a species specified in Schedule 1.

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

• (4) The Scottish Ministers shall not grant a tests and trials authorisation unless they are satisfied that–

• (a) the seed is of a variety for which an application has been made by the applicant, which has not been withdrawn or finally determined, under—

• (i) regulation 4(1)(a) (applications in relation to National Lists) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a GB Variety List; or

• (ii) the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to an NI Variety List;

• (b) in the case of seed of a genetically modified variety, the marketing and release of the genetically modified material by the applicant has been authorised—

• (i) before the day on which IP Completion day falls, under Part C of the 2001 Deliberate Release Directive;

• (ii) under the Food and Feed Regulation; or

• (iii) under the GMO Regulations;

• (c) the marketing is for the purposes of tests or trials to be carried out at an agricultural enterprise to gather information on the cultivation or use of a variety of a species specified in Schedule 1;

• (d) an official field inspection has been carried out by the Scottish Ministers or by a licensed crop inspector and a report issued stating that–

• (i) in the case of species other than field pea and field bean, the crop satisfies the conditions for Certified Seed set out in Schedule 4; or

• (ii) in the case of the species field pea and field bean, the crop satisfies the conditions for Certified Seed of the Second Generation set out in Schedule 4;

• (e) an official examination of the seed has been undertaken and a report issued by the Scottish Ministers or by a licensed seed testing station stating that–

• (i) in the case of species other than field pea and field bean, the seed satisfies the conditions for Certified Seed set out in Schedule 4; or

• (ii) in the case of the species field pea and field bean, the seed satisfies the conditions for Certified Seed of the Second Generation set out in Schedule 4; and

• (f) such marketing would not contravene a prohibition on the use of the variety that complies with Article 14 of the 2004 Commission Decision and has been published by the Secretary of State in the gazette published under section 34(1) of the Act.

• (5) A tests and trials authorisation shall last for a period of one year or such shorter period as the Scottish Ministers may specify.

• (6) The Scottish Ministers shall not authorise marketing of an amount of seed in excess of the greater of—

• (a) of the annual number of seeds used in the United Kingdom, and

• (i) in the case of field pea and field bean, 0.3%,

• (ii) in all other cases, 0.1%,

• (b) such quantity as the Scottish Ministers consider is sufficient to sow 10 hectares.

• (7) A tests and trials authorisation may be made subject to such conditions as the Scottish Ministers think necessary or desirable having regard to the nature of the tests or trials and the nature of the seed to which the authorisation relates.

• (8) The Scottish Ministers may withdraw a tests and trials authorisation where they are satisfied that there has been a breach of a condition imposed under paragraph (7).

• (9) A tests and trials authorisation shall cease to have effect where the application referred to in paragraph (4)(a) is withdrawn or rejected or the variety is entered in a GB Variety List or an NI Variety List.

• (10) The Scottish Ministers may require, as a condition of a tests and trials authorisation, that the producer to whom authorisation was granted provide them, on request, with information about–

• (a) the results of the tests and trials to which the authorisation relates; and

• (b) the quantities of seed marketed during the authorised period and the location of the trials within the United Kingdom.

General exemptions

Marketing of officially certified lower germination seed

Marketing of early movement seed

Requirement for homogeneity

Official label for a package of test and trial seed

6A

The official label for a package of test and trial seed shall–

• (a) subject to sub-paragraph (b), contain the following information–

• (i) the words “test and trial seed”;

• (ii) certification authority and country or country initials;

• (iia) officially assigned serial number;

• (iii) reference number of the seed lot;

• (iv) month and year of sealing expressed by the word “Sealed” followed by the month and year of sealing;

• (v) species;

• (vi) variety under which the seed is to be marketed;

• (vii) the official application number in relation to the application for listing under—

• (aa) in relation to applications in GB, regulation 4(1)(a) (applications in relation to GB Variety Lists) of the Seeds (National List of Varieties) Regulations 2001; or

• (bb) in relation to applications in Northern Ireland, the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001;

• (viii) the words “variety not yet officially listed”;

• (ix) the words “for tests and trials only”;

• (x) the words “genetically modified variety”, where applicable;

• (xi) declared net or gross weight or declared number of pure seeds; and

• (xii) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seeds or, where applicable, clusters and the total weight;

• (b) not contain the information referred to in sub-paragraph (a)(ix) if that information is given on an official sticker attached to the official label;

• (c) be a minimum size of 110 millimetres by 67 millimetres; and

• (d) be coloured orange.

Official label for a package of a mixture of seeds to which regulation 8 applies

Further particulars to be given in respect of a mixture of seeds – other than a mixture in a small package of seeds not intended for use for agricultural purposes where said mixtures contain Festulolium

Exception for conservation varieties

9B

• (1) No person may market seed of a Conservation Variety unless the requirements of paragraphs (2), (3) and (5) are met.

• (2) The seed must descend from seed produced according to well defined practices for maintenance of the variety.

• (3) The seed must have been harvested from a crop that–

• (a) has been produced in the region of origin for the variety or additional region; and

• (b) satisfies the conditions laid down in Part III of Schedule 4A.

• (4)

• (a) Scottish Ministers may ascertain, so far as practicable, whether the requirements for the crop set out in Part III of Schedule 4A are met by the use of methods which may include examination of a post control plot sown with a sample from the seed and the consideration of any other relevant information; and

• (b) for the avoidance of doubt an examination by means of an official field inspection of the crop will not be required.

• (5) The seed must satisfy the conditions laid down in Part IV of Schedule 4A.

• (6) No person may market seed of a Conservation Variety other than its region of origin.

• (7) A person proposing to produce seed of a Conservation Variety must supply the Scottish Ministers, in such manner and form as the Scottish Ministers may require, with the following details in writing–

• (a) the size (in hectares); and

• (b) the location,

of the area to be used to produce that seed.

• (8) For the purposes of Article 14 of Commission Directive 2008/62, the Scottish Ministers may specify the maximum amount of seed of a Conservation Variety which may be marketed in any given growing season. Different maxima for different persons or classes of person may be specified.

• (8A) For the purposes of paragraph (8), Article 14 of Commission Directive 2008/62 is to be read as if—

• (a) in the first paragraph—

• (i) “Each Member State shall ensure that,” was omitted,

• (ii) for “does not exceed”, there were substituted “ may not exceed ”,

• (iii) for “that Member State”, there were substituted “Great Britain”,

• (b) in the second paragraph—

• (i) for “each Member State”, there were substituted “Great Britain”,

• (ii) for “the Member State” in both places where it occurs, there were substituted “Great Britain”.

• (9) No person shall market more than the maximum amount of seed of a Conservation Variety applicable to that person as specified under (7).

• (10) Any person marketing seed of a Conservation Variety must supply Scottish Ministers, on request, with details in writing of the amount and variety of the seed placed on the market during each growing season.

• (11) In this regulation–

• “additional region” means the region for seed production approved by the Scottish Ministers for the purposes of the second paragraph of Article 11(1) of the Commission Directive 2008/ 62 , with Article 11(1) of Commission Directive 2008/62 being read as if for the reference to “ Member States ” in each place where it occurs and “the Member States” there were substituted “ the Scottish Ministers ”; and

• “region of origin” means the region forming a part or the whole of Great Britain identified by the Scottish Ministers for the purposes of Article 8.1 of Commission Directive 2008/62, with Article 8.1 of Commission Directive 2008/62 being read as if—in the first sub-paragraph—for “a Member State accepts”, there were substituted “the Scottish Ministers accept”;for “it shall”, there were substituted “they must”;for “It shall”, there were substituted “The Scottish Ministers must”;for “Member States”, there were substituted “Scottish Ministers”;the second sub-paragraph was omitted.

General exemptions

Marketing of officially certified lower germination seed

Marketing of early movement seed

Requirement for homogeneity

SCHEDULE 4A — STANDARDS FOR CERTIFICATION OF CONSERVATION VARIETIES

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) in respect of seed of a Conservation Variety for the issue of an official certificate in respect of that Conservation Variety, 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 Part II of this Schedule.

When applications will be refused

2

The Scottish Ministers shall refuse to issue an official certificate in respect of a seed lot of a Conservation Variety 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 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 1 of Part IV of this Schedule.

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 purposes of an examination to ascertain whether the seed lot meets the appropriate standards in Part IV of this Schedule has not been taken in accordance with regulation 15(1A);

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

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

PART II — PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE

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 and variety;

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

• (f) seed treatment, if any; and

• (g) the region of origin/region of seed production (if applicable) of the Conservation Variety.

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

Varietal identity and varietal purity

1

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

Harmful organisms in the crop

2

Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

PART IV — CONDITIONS RELATING TO SEED OF A CONSERVATION VARIETY

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

1

The seed shall conform to the minimum ... standard for the final germination of that species as listed in paragraphs 13 and 14 of Part II of Schedule 4 as regards germination, analytical purity and the content of seeds of other plant species.

Harmful organisms in the seed

2

Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

Varietal purity

3

The seed shall have sufficient varietal purity.

PART V — EXAMINATIONS

All examinations used to ascertain whether crops or seed lots meet the standards specified in this Schedule shall be carried out in accordance with current international methods insofar as such methods exist.

Official label for a package of seed of a Conservation Variety

6B

• (1) The official label for a package of seed of a Conservation Variety shall–

• (a) contain the following information–

• (i) the words “ GB rules and standards”;

• (ii) the name and address, or the registration number, of the person responsible for affixing the label or notice;

• (iii) the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word “sealed” or “sampled” (as the case may be), followed by the year in question;

• (iv) the species;

• (v) the denomination of the Conservation Variety;

• (vi) the words “Conservation Variety”;

• (vii) the region of origin;

• (viii) where the region of seed production is different from the region of origin, the indication of the region of seed production;

• (ix) the reference number of lot given by the person responsible for affixing the labels;

• (x) the declared net or gross weight or declared number of seeds; and

• (xi) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight; and

• (b) be a minimum size of 110 millimetres by 67 millimetres; and

• (c) be coloured brown.

Official label for a package of a mixture of seeds to which regulation 8 applies

Further particulars to be given in respect of a mixture of seeds – other than a mixture in a small package of seeds not intended for use for agricultural purposes where said mixtures contain Festulolium

Preservation mixtures

8A

• (1) Regulation 6(1)(b) does not apply to the marketing of a preservation mixture if the producer of that mixture has obtained an authorisation in accordance with this regulation.

• (2) A producer established in Scotland may apply to the Scottish Ministers for an authorisation to market a directly harvested or a crop-grown preservation mixture.

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

• (4) The Scottish Ministers may grant an authorisation to market a preservation mixture if—

• (a) the seed has been collected in its source area at a collection site which has not been sown in the 40 years prior to the date of application by the producer under paragraph (2);

• (b) the source area is located in the region of origin;

• (c) in the case of a directly harvested preservation mixture, a visual inspection has been carried out by the Scottish Ministers at the collection site during the period of growth of the seed, together with an examination, and the inspection and the examination have shown that the directly harvested preservation mixture complies with the requirements in Schedule 4B;

• (d) in the case of a crop-grown preservation mixture, an official examination has shown that—

• (i) the crop-grown preservation mixture complies with the requirements in Schedule 4B; and

• (ii) the constituents of the mixture which comprise fodder plant seed comply with the requirements for Commercial Seed in Part II of Schedule 4 or comply with those requirements except in so far as those requirements relate to standards of percentage of germination; and

• (e) in a case where the preservation mixture contains a Conservation variety, the conservation variety complies with regulation 9B.

• (5) An authorisation may be made subject to such conditions as the Scottish Ministers think are necessary.

• (6) An authorisation must include the information specified in paragraph3 of Schedule3.

• (7) An authorisation shall last for a period of one year or such shorter period as the Scottish Ministers may specify.

• (8) A producer proposing to apply for authorisation to market a preservation mixture must notify the Scottish Ministers of the quantity of seed for which that person intends to apply for authorisation under paragraph (2) before the beginning of each production season together with—

• (a) the location of the collection site;

• (b) the size (in hectares) of the collection site; and

• (c) in the case of a crop-grown preservation mixture, also the location and size of the multiplication site.

• (9) The Scottish Ministers may specify the maximum amount of seed of a preservation mixture which may be marketed in any given growing season and specify different maxima for different persons or classes of person.

• (10) A preservation mixture may only be marketed in its region of origin.

• (11) In this regulation, in paragraph 3 of Schedule 3 and in paragraph 8A of Schedule 6, “region of origin” means the region forming a part or the whole of Great Britain identified by the Scottish Ministers having taken account of any available information from plant genetic resource organisations.

Exception for scientific purposes or selection work

Exception for test and trial seed

Exception for conservation varieties

General exemptions

Marketing of officially certified lower germination seed

Marketing of early movement seed

Requirement for homogeneity

Particulars to be specified in an authorisation to market a preservation mixture

3

• (1) The following particulars must be specified in an authorisation to market a preservation mixture—

• (a) name and address of producer;

• (b) harvesting method: directly harvested or crop-grown;

• (c) subject to sub-paragraph(2), percentage by weight of constituents as species and, where relevant, subspecies;

• (d) in the case of crop-grown preservation mixtures, a specific germination rate for constituents of the mixture which are specified in Schedule1 and which do not comply with the germination requirements for Commercial Seed set out in PartII of Schedule4;

• (e) quantity of the mixture to which the authorisation is to apply;

• (f) region of origin;

• (g) restriction to marketing in the region of origin;

• (h) source area;

• (i) collection site, and in the case of a crop-grown preservation mixture, in addition the multiplication site;

• (j) habitat type of the collection site; and

• (k) year of collection.

• (2) For directly harvested preservation mixtures, it suffices to give those constituents as species and, where relevant subspecies, which are typical for the habitat type of the collection site and which are, as constituents of the mixture, of importance for the preservation of the natural environment in the context of the conservation of genetic resources.

SCHEDULE 4B — Requirements for preservation mixtures

PART I — Conditions for directly harvested preservation mixtures

1

The percentage of the constituents of the mixture that are species and, where relevant, subspecies, typical for the habitat type of the collection site is adequate for the purpose of recreating the habitat type of the collection site.

2

The germination rate of the constituent in paragraph 1 is sufficient for the purpose of recreating the habitat type of the collection site.

3

The maximum content of species which do not comply with paragraph 1 does not exceed 1% of the weight of a submitted sample.

4

The mixture does not contain Avena fatua, Avena sterilis or Cuscuta spp..

5

The maximum content of Rumex spp., other than Rumex acetosellaandRumex maritimus, does not exceed 0.05% of the weight of a submitted sample.

PART II — Conditions for crop-grown preservation mixtures

1

The constituents are species which are typical for the habitat type of the collection site and, as constituents of the mixture, important for the preservation of the natural environment in the context of conservation of genetic resources.

2

Each constituent of the mixture has been multiplied for no more than five generations.

PART III — Examinations

1

All visual inspections and examinations used to ascertain whether a preservation mixture meets the conditions specified in these Regulations must be carried out in accordance with current international methods insofar as such methods exist.

Producer’s label for a package of seed of a preservation mixture

8A

• (1) The producer’s label for a package of seed of a preservation mixture must contain the following information—

• (a) the words “GB rules and standards”;

• (b) name and address of the person responsible for affixing the labels and the person’s identification or mark;

• (c) harvesting method; either directly harvested or crop-grown;

• (d) year of sealing expressed by the word “Sealed” followed by the year of sealing;

• (e) region of origin;

• (f) source area;

• (g) collection area;

• (h) habitat type of collection site;

• (i) the words “preservation fodder plant seed mixture, intended for use in an area of the same habitat type as the collection site, not considering the biotic conditions”;

• (j) reference number of the lot;

• (k) subject to sub-paragraph (2), the percentage by weight of the constituents as species and, where relevant, subspecies;

• (l) declared gross or net weight;

• (m) where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of clusters or pure seeds and the total weight must be indicated; and

• (n) in the case of crop-grown preservation mixtures, a specific germination rate for constituents of the mixture which are specified in Schedule1 and which do not comply with the germination requirements for Commercial Seed set out in PartII of Schedule4, or an average of the specific germination rates where more than five specific germination rates would be required.

• (2) For directly harvested preservation mixtures, it suffices to give those constituents as species and, where relevant, subspecies, which are typical for the habitat type of the collection site and which are, as constituents of the mixture, of importance for the preservation of the natural environment in the context of the conservation of genetic resources.

Increase to maximum weight of a seed lot of grasses

23A

• (1) Any person licensed by the Scottish Ministers as a professional seed operator under regulation 4(1)(a) (determination of licences) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or licensed or registered by a GB Authority, other than the Scottish Ministers, or the NI Authority under provisions equivalent to that regulation, may apply to the Scottish Ministers for approval to increase to 25 tonnes the maximum weight of a seed lot of any of the grasses set out in column 1 of the table in paragraph 26.

• (2) An application under sub-paragraph (1) shall contain such information as the Scottish Ministers may require.

• (3) The Scottish Ministers shall not approve an application under sub-paragraph (1) unless they are satisfied that the applicant has complied with the guidance booklet titled “Scottish Government Guide to Large Herbage Seed Lot Approval and Check Sampling Programme 2013” produced by the Scottish Ministers.

• (4) An approval may be made subject to such conditions as the Scottish Ministers think are necessary.

• (5) The Scottish Ministers may revoke an approval under sub-paragraph (4) where they are satisfied that there has been a breach of any condition to which the approval is subject.

Margin by which seed lots can exceed maximum weight

Maximum weight of a seed lot of mixtures

Minimum weight of a sample

Importation from outside the European Union

6A

Seed imported from a country granted equivalence must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.

Marketing of seed of a Higher Voluntary Standard

Mixtures

Preservation mixtures

Exception for scientific purposes or selection work

Exception for test and trial seed

Exception for conservation varieties

General exemptions

Marketing of officially certified lower germination seed

Marketing of early movement seed

Requirement for homogeneity

Certification and labelling for export

13A

• (1) The Scottish Ministers may certify the quality of any seed intended for export.

• (2) Following certification in accordance with paragraph (1), any seed exported must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.

Pests in the crop

Pests in the seed

Importation from a country granted equivalence

Certification in a Crown Dependency or a country granted equivalence

26A

Any seed certified and labelled in a Crown Dependency or a country granted equivalence under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations may be marketed in Scotland.

Transitional provision for official or producer's labels on IP completion day

26B

A label pre-printed before IP completion day which at the date on which it was printed was an official label or a producer's label for the purposes of these Regulations is to be treated as an official label or, as the case may be, a producer's label for a package of Basic Seed, Seed of a Certified Generation, Commercial Seed, seed of a Conservation Variety, seed of a preservation mixture or, as the case may be, a small A package or a small B package of Pre-basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed, for the purposes of any use of that label before the end of the period of twelve months beginning with the day after the day on which IP completion day falls.

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

Revocations and supplementary provisions

Applications for seed harvested outside the United Kingdom

Label for a small ... B package of Basic Seed, Seed of a Certified Generation or Commercial Seed

Label for a small ... A or small ... B package of Mixtures