The Beet Seed (Scotland) (No. 2) Regulations 2010

Made: 14th April 2010

Laid before the Scottish Parliament: 14th April 2010

Coming into force in accordance with regulation 1(2) and (3)

The Scottish Ministers make the following Regulations in exercise of powers conferred by sections 16(1), (1A), (2), (3), (4) and (5), 17(1), (2), (3) and (4) and 36 of the Plant Varieties and Seeds Act 1964 and all other powers enabling them to do so.

In accordance with section 16(1) of that Act, they have consulted with representatives of such interests as appear to them to be concerned.

PART I — GENERAL

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Beet Seed (Scotland) (No. 2) Regulations 2010.

• (2) These Regulations, other than regulation 25(1), come into force on 20th April 2010.

• (3) Regulation 25(1) comes into force on 19th April 2010.

• (4) These Regulations extend to Scotland only.

Interpretation

2

• (1) In these Regulations—

• “the 2016 Regulations” means the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016;

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

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

• “Basic Seed” has the meaning given in paragraph 3 of Part II of Schedule 1;

• “Beet” means plants of the species specified in Part I of Schedule 1;

• “the Beet Seed Directive” means Council Directive 2002/54/EC on the marketing of beet seed;

• “breeder”—in relation to a variety which has not been accepted on to a GB Variety List, an NI Variety List or the equivalent list in a country granted equivalence, includes any person lawfully multiplying (on that person's own account) seed bred by another; andin relation to a variety which has been so accepted, means the person who is indicated in the relevant GB Variety List, NI Variety List or equivalent list in a country granted equivalence as responsible for maintaining the plant variety in accordance with the characteristics to which regard was had when the plant variety was accepted on to the relevant GB Variety List, NI Variety List or equivalent list in a country granted equivalence;

• “breeder's confirmation” means a document issued by the Scottish Ministers in accordance with Part II of Schedule 2 containing in respect of the seed to which it relates the particulars specified in paragraph 2 of Schedule 3;

• “breeder's designation” means the title, name or other designation proposed by a breeder for a new plant variety which is the subject of an application for acceptance on to a GB Variety List or an NI Variety List;

• “Breeder's Seed” has the meaning given in paragraph 1 of Part II of Schedule 1;

• “Certified Seed” has the meaning given in paragraph 4 of Part II of Schedule 1;

• “the 2004 Commission Decision” means Commission Decision 2004/842/EC concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted , as amended by Commission Implementing Decision (EU) 2016/320;

• “Commission Directive 2008/62” means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties ;

• “Commission Regulation 217/2006” means Commission Regulation (EC) No. 217/2006 laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination ;

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• “component” means—in the case of Pre-Basic Seed, a component used in the production of a hybrid variety; andin the case of Basic Seed, a component of a hybrid variety;

• “Conservation Variety” means the landraces or varieties of agricultural plant species which are naturally adapted to local and regional conditions and threatened by genetic erosion and are contained within a GB Variety List or an NI Variety List and for these purposes—“landrace” means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their region; and“genetic erosion” means loss of genetic diversity between and within populations of varieties of the same species over time or reduction of the genetic basis of a species due to human intervention or environmental change;

• “control plot” means a plot sown by a GB Authority or the NI Authority with seed from a submitted sample taken—by a GB Authority or the NI Authority;by a licensed seed sampler; orby an applicant of seed of a Conservation Variety;

• “country granted equivalence” means a country that has been—granted equivalence under the Equivalence Decision; or assessed by Scottish Ministers as producing the species of seed referred to in regulation 4 under conditions equivalent to those required by these Regulations;

• “Crown Dependency” means any of the Channel Islands or the Isle of Man;

• “the 2001 Deliberate Release Directive” means Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC , as last amended by Regulation (EU) 2019/1381;

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

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

• ...

• “Equivalence Decision” means Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed producing crops and on the equivalence of seed produced in third countries , as last amended by Decision (EU) 2020/1544;

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• “first buyer by way of trade” has the same meaning as for the purposes of the Beet Seed Directive;

• “the Food and Feed Regulation” means Regulation (EC) No. 1829/2003/EC of the European Parliament and of the Council on genetically modified food and feed , as last amended by Regulation (EU) 2019/1381;

• “fully certified” means—officially certified; orcertified by an International Authority other than the Scottish Ministers,as satisfying the conditions specified for the relevant category of seed in Part II of Schedule 1 and Part 1 of schedule 4;

• “genetically modified” has the same meaning as for the purposes of the 2001 Deliberate Release Directive;

• “the GMO Regulations” means—in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002;in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002;in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003;

• “GB Authority” means the Scottish Ministers, the Secretary of State or the National Assembly for Wales;

• “GB Variety List” is a list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001;

• “homogeneous seed lot” means a seed lot in which the seed has been so mixed or blended that it is as uniform as practicable and, as far as is practicable, the seed lot shows no evidence of heterogeneity;

• “International Authority” means a GB Authority, the NI Authority or the competent seed certification authority of a country other than the United Kingdom, and “by an International Authority“ means–by or on behalf of a GB Authority;by or on behalf of the NI Authority; orby or on behalf of the competent seed certification authority of a country other than the United Kingdom;

• “licensed crop inspector” means a person who holds a current licence to be a crop inspector—granted by the Scottish Ministers or having effect as if it were a licence granted by the Scottish Ministers under regulation 4(1)(a) of the 2016 Regulations; or granted under provisions equivalent to that regulation by— a GB Authority other than the Scottish Ministers; orthe NI Authority;

• ...

• “licensed seed sampler” means a person who holds a current licence to be a seed sampler—granted by the Scottish Ministers or having effect as if it were a licence granted by the Scottish Ministers under regulation 4(1)(a) of the 2016 Regulations; or granted under provisions equivalent to that regulation by— a GB Authority other than the Scottish Ministers; orthe NI Authority;

• “licensed seed testing station” means an establishment which holds a current seed testing station licence—granted by the Scottish Ministers or having effect as if it were a licence granted by the Scottish Ministers under regulation 4(1)(a) of the 2016 Regulations; or granted under provisions equivalent to that regulation by— a GB Authority other than the Scottish Ministers; orthe NI Authority;

• “lower germination seed” means seed marketed under regulation 11;

• “monogerm seed” means seed produced on genetically monogerm plants, the percentage of germinated clusters producing single seedlings being not less than the minimum specified in Part II of Schedule 4;

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• “natural seed” means seed of non-monogerm varieties, which has not been processed as precision seed;

• “NI Authority” means DAERA;

• “NI Variety List” means a list of plant varieties prepared and published by DAERA in accordance with legislation having equivalent effect in Northern Ireland to the Seeds (National Lists of Varieties) Regulations 2001;

• “official certificate” means a certificate issued by the Scottish Ministers in accordance with these Regulations containing in respect of the seed to which it relates the particulars specified in paragraph 1 of Schedule 3 and “officially certified” shall be construed accordingly;

• “official control” means under the supervision of, and in accordance with any conditions set by, an International Authority;

• “official examination” means—in relation to Certified Seed—an examination or a test carried out by an International Authority; orif the seed has undergone official post control the results of which have been satisfactory, a field examination carried out by a licensed crop inspector; ora test carried out by a licensed seed testing station; andin relation to Pre-Basic Seed and Basic Seed—an examination or a test carried out by an International Authority; ora test carried out by a licensed seed testing station;

• “official field inspection” means a field examination of a crop carried out—by an International Authority; orin the case of seed which, if it were fully certified would be Certified Seed, and which has been harvested from a crop which has been produced from seed that has undergone official post control the results of which have been satisfactory, by a licensed crop inspector ...;

• “official label” means a label issued by an International Authority and “official inner label” shall be construed accordingly;

• “official post control” means a control plot has been sown with seed from the relevant seed lot and has produced plants which have been examined by an International Authority; and “official post control the results of which have been satisfactory” means official post control has been carried out for the relevant seed lot and an International Authority has found, having regard to—the conditions specified in—in the case of the Scottish Ministers, Part II of Schedule 4; and in the case of a GB Authority other than the Scottish Ministers, Parts I and II of schedule 4; the category of the seed to be produced,that the plants produced in the control plot indicate that the corresponding plants in the field are satisfactory plants from which to harvest the relevant category of seed;

• “official seal” means a seal issued by an International Authority;

• “official sticker” means a sticker issued by an International Authority and attached to an official label;

• “Pre-Basic Seed” has the meaning given in paragraph 2 of Part II of Schedule 1;

• “precision seed” means seed processed for use in precision drills with the percentage of seeds producing single seedlings being not less than the minimum specified in Part II of Schedule 4;

• “professional seed operator” means a seed merchant, a seed packer or a seed processor;

• “registered or licensed number” means the number issued to a person who holds a licence granted under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or to a person licensed or registered under provision equivalent to that regulation by—a GB Authority other than the Scottish Ministers; orthe NI Authority;

• “region of origin” means the region forming a part or the whole of the United Kingdom identified by the Scottish Ministers for the purposes of Article 8.1 (region of origin) 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;

• “rhizomania free zone” means a zone which has been designated as free of rhizomania by virtue of Commission Regulation (EC) No 690/2008 of 4 July 2008 recognising protected zones exposed to particular plant health risks in the Community ;

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• “Sampling Guidance” means the guidance booklet titled ‘Instructions for Seed Samplers Licensed in Scotland, 2010’, produced by the Scottish Ministers;

• “seed lot” means an identifiable consignment of seed of a weight not exceeding that specified in Schedule 5, including a blended seed lot and a bulked seed lot, which bears a unique seed lot reference number;

• “seed of a Conservation Variety” means seed that has been produced in accordance with regulation 10 and meets the standards of Certified Seed set out in paragraph 4 of Part II of Schedule 1;

• “seeds regulations” means regulations made under section 16 (seeds regulations) of the Act and for the time being in force;

• “small ... package” means a package of Pre-Basic Seed, Basic Seed or Certified Seed containing—in the case of monogerm or precision seeds—not more than 100,000 clusters or grains; ora net weight of not more than 2.5 kilograms of seeds; andin the case of seeds other than monogerm or precision seeds, a net weight of not more than 10 kilograms of seeds,excluding (in each case) the weight of any granulated pesticides, pelleting substances or other solid additives;

• “submitted sample” means a sample of at least the minimum weight of a sample specified in Schedule 5, or in the case of a sample to be submitted to a licensed seed testing station, double the minimum weight of a sample specified in Schedule 5, taken from a seed lot in accordance with the provisions set out in the Sampling Guidance;

• “test and trial seed” means seed which is the subject of an authorisation of a type described in regulation 9;

• “tests and trials authorisation” means an authorisation granted by the Scottish Ministers under regulation 9;

• “third country” means any country or territory other than the British Islands;

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• (2) In these Regulations—

• (a) any reference to a numbered regulation, to a numbered Part or to a numbered Schedule is a reference to the regulation, Part or Schedule in these Regulations so numbered; and

• (b) any reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference occurs.

• (3) For the purposes of these Regulations, seeds-

• (a) produced and packaged in a country granted equivalence;

• (b) accompanied by a document issued by a competent authority concerned with the certification of beet seeds in that country granted equivalence containing information specified in Schedule 6; and

• (c) in respect of which an application has been made for a breeder's confirmation under these Regulations,

shall be deemed to be seeds produced from seeds issued with such a breeder's confirmation.