The Fodder Plant Seed (Scotland) Regulations 2005

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