The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016

Made: 2nd February 2016

Laid before the Scottish Parliament: 4th February 2016

Coming into force: 1st July 2016

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

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• (1) These Regulations may be cited as the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 and come into force on 1st July 2016.

• (2) These Regulations extend to Scotland only.

Interpretation

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• (1) In these Regulations—

• “the 2006 Regulations” means the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006[^f00002];

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

• “Analyst in Charge” means a seed analyst who the Scottish Ministers are satisfied has—passed an appropriate examination relating to laboratory management; andbeen appointed as the Analyst in Charge of a licensed seed testing station and who is responsible for carrying out the functions specified in regulation 9;

• “authorised officer” means an officer authorised by the Scottish Ministers for the purposes of Part II of the Act and these Regulations;

• “conservation variety” has the meaning given to it by regulation 2(1) of the Seeds (National Lists of Varieties) Regulations 2001[^f00003];

• “licence holder” means a licensed crop inspector, a licensed professional seed operator, a licensed seed sampler or a licensed seed testing station;

• “licensed crop inspector” means, except in relation to regulation 23(7), a person who has been granted a licence under regulation 4(1)(a) to carry out crop inspections and “crop inspector’s licence” is to be construed accordingly;

• “licensed professional seed operator” means a person who has been granted a licence under regulation 4(1)(a) to carry out the functions of a seed merchant, a seed processor or, as the case may be, a seed packer or any combination of those functions and “professional seed operator’s licence” is to be construed accordingly;

• “licensed seed sampler” means, except in relation to regulation 23(7), a person who has been granted a licence under regulation 4(1)(a) to carry out functions in relation to seed sampling and “seed sampler’s licence” is to be construed accordingly;

• “licensed seed testing station” means, except in relation to regulation 23(7), a laboratory in respect of which a licence has been granted under regulation 4(1)(a) to carry out statutory seed testing and “seed testing station licence” is to be construed accordingly;

• “official sample” means a sample obtained—by an authorised officer or a licensed seed sampler for the purposes of the Seed Marketing Regulations; orby an authorised officer under section 25(5) of the Act;

• “Official Seed Testing Station” means the Official Seed Testing Station for Scotland maintained under section 24(1) of the Act;

• “prescribed minimum weight” means the minimum acceptable weight of a sample of seed submitted to the Official Seed Testing Station as prescribed in the Seed Marketing Regulations;

• “preservation mixture” has the same meaning as it has for the purposes of the Fodder Plant Seed (Scotland) Regulations 2005[^f00004];

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

• “responsible person” means a person nominated under regulation 3(3) by an applicant for a professional seed operator’s licence or a seed testing station licence as the point of contact for all communications relating to the licence;

• “seed” means seed of any species to which the Seed Marketing Regulations apply;

• “seed analyst” means a person who the Scottish Ministers are satisfied has completed an appropriate training course and passed an appropriate examination relating to seed testing in respect of seed of the species being tested, or to be tested, by that person;

• “the Seed Marketing Directives” means—Council Directive 66/401/EEC on the marketing of fodder plant seed;Council Directive 66/402/EEC on the marketing of cereal seed;Council Directive 2002/54/EC on the marketing of beet seed;Council Directive 2002/55/EC on the marketing of vegetable seed; andCouncil Directive 2002/57/EC on the marketing of seed of oil and fibre plants;

• “the Seed Marketing Regulations” means—in relation to vegetable seed, the Vegetable Seeds Regulations 1993;in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Scotland) Regulations 2004;in relation to cereal seed, the Cereal Seed (Scotland) Regulations 2005;in relation to fodder plant seed, the Fodder Plant Seed (Scotland) Regulations 2005; andin relation to beet seed, the Beet Seed (Scotland) (No. 2) Regulations 2010;

• “seed merchant” means a person who carries on a business which includes marketing seed (including seed of a conservation variety or a preservation mixture) except where that marketing is only of one or more of the following types—marketing of small packages of seed, small ... A packages of seed or small ... B packages of seed;marketing of unpacketed seed;marketing by a producer of small quantities of seed for scientific purposes or selection work in compliance with an authorisation permitting such marketing granted under the Seed Marketing Regulations;marketing by a producer of seed for test and trial purposes in compliance with an authorisation permitting such marketing granted under the Seed Marketing Regulations; ormarketing of seed harvested from a crop that has been shown to meet the relevant crop standards in the Seed Marketing Regulations which is for processing, provided the identity of the seed is ensured;

• “seed packer” means a person who carries on a business which includes re-packing, re-sealing or re-labelling seed, including seed of a conservation variety or a preservation mixture;

• “seed processor” means a person who carries on a business which includes—packing, sealing or labelling seed (including the labelling or marking of Standard Seed of vegetables and seed of a conservation variety), small packages of seed, small ... A packages of seed or small ... B packages of seed;preparing mixtures of seeds permitted by the Seed Marketing Regulations; orcleaning, treating or otherwise processing seed intended for marketing;

• “seeds regulations” means regulations made under section 16 of the Act;

• “statutory seed testing” means seed testing carried out for the purposes of seeds regulations; and

• “the Tribunal” means the Plant Varieties and Seeds Tribunal continued under section 42 of the Plant Varieties Act 1997[^f00015].

• (2) Expressions in these Regulations which are not defined in paragraph (1) and which appear in the Seed Marketing Regulations have the same meaning in these Regulations as they have in the Seed Marketing Regulations.

PART II — LICENSING

Applications for licences

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• (1) A person may apply to the Scottish Ministers—

• (a) to be licensed as a professional seed operator, a crop inspector or a seed sampler;

• (b) for a laboratory to be licensed as a seed testing station for the purpose of carrying out statutory seed testing.

• (2) An application under paragraph (1) is to be made in such form and manner and be accompanied by such information as the Scottish Ministers may require.

• (3) In the case of an application for a professional seed operator’s licence or a seed testing station licence, the applicant must nominate a responsible person and include the name and contact address of that person.

• (4) In the case of an application for a seed testing station licence, the applicant must nominate an Analyst in Charge and include the name and contact address of that person.

Determination of licences

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• (1) Where an application is made under regulation 3(1), the Scottish Ministers may—

• (a) grant a licence—

• (i) specifying the functions covered by the licence; and

• (ii) subject to such conditions as the Scottish Ministers may determine; or

• (b) refuse it.

• (2) For the purpose of paragraph (1)(a)(i), the Scottish Ministers must specify—

• (a) in the case of a professional seed operator’s licence, whether the licence holder is authorised to carry out the functions of a seed merchant, a seed processor or a seed packer (or any combination of those functions) and the species and categories of seed in respect of which those functions can be carried out;

• (b) in the case of a crop inspector’s licence, the species and categories of crops which the licence holder is entitled to inspect;

• (c) in the case of a seed sampler’s licence, the species of seed which may be sampled and the functions which the licence holder is authorised to carry out;

• (d) in the case of a seed testing station licence, the species and categories of seed which may be tested by the seed testing station and the methods of testing which may be carried out.

• (3) Without prejudice to the generality of paragraph (1)(a)(ii)—

• (a) a licence may include general conditions or conditions which are specific to the type of licence granted; and

• (b) the Scottish Ministers may from time to time publish a list of standard conditions which, subject to a determination under that paragraph, may be included in any licence granted.

• (4) Before granting a licence under paragraph (1)(a), or varying a licence under regulation 5(1), the Scottish Ministers must be satisfied that—

• (a) in the case of a professional seed operator, the person—

• (i) is suitable to carry out the functions of a seed merchant, a seed processor or, as the case may be, a seed packer;

• (ii) has adequate premises or equipment for the purposes of carrying out those functions; and

• (iii) has appropriate knowledge and qualifications for the purposes of carrying out those functions;

• (b) in the case of a crop inspector or a seed sampler, the person is competent to act as such, and has completed such training courses and passed such examinations as may be required by the Scottish Ministers;

• (c) in the case of a seed testing station, the station has adequate premises or equipment and the Analyst in Charge and any seed analyst have appropriate knowledge and qualifications, for the purposes of carrying out statutory seed testing.

• (5) The Scottish Ministers may refuse to grant a licence under paragraph (1)(b), or vary a licence under regulation 5(1), if they are not or are no longer satisfied that the person is a suitable person to be a licence holder having regard to—

• (a) any previous suspension or revocation of a licence held by the person—

• (i) under the 2006 Regulations or these Regulations; or

• (ii) in any other part of the United Kingdom for the purposes of the Seed Marketing Directives; or

• (b) any circumstances which led to the person being convicted of an offence under section 16(7) of the Act[^f00016].

• (6) A licence may be granted under paragraph (1)(a) for a maximum period of five years.

• (7) Subject to regulation 23, where a person applies for a licence under regulation 3(1) to take effect on expiry of an existing licence granted under regulation 4(1)(a), the existing licence continues to have effect, regardless of its expiry date, pending final determination of the application or, where applicable, final determination of an appeal against refusal of the application.

Variation of licences

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• (1) The Scottish Ministers may at any time vary a licence granted under regulation 4(1)(a) including any functions specified in, and conditions attached to, the licence, whether or not at the request of the licence holder.

• (2) An application for a variation of a licence is to be made in such form and manner and be accompanied by such information as the Scottish Ministers may require.

Termination of licences

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The Scottish Ministers may terminate a licence at the licence holder’s request subject to such conditions as the Scottish Ministers may determine.

Suspension and revocation of licences

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• (1) The Scottish Ministers may suspend or revoke a licence in whole or in part if they are satisfied that the licence holder—

• (a) is no longer competent to perform a function specified in the licence;

• (b) has failed to comply with a requirement under regulation 8;

• (c) in the case of a professional seed operator, no longer has adequate premises or equipment for the purposes of carrying out any functions specified in the licence;

• (d) has failed to comply with a condition attached to the licence;

• (e) has been convicted of an offence under section 16(7) of the Act; or

• (f) is unsuitable to perform a function specified in the licence.

• (2) Without prejudice to paragraph (1), the Scottish Ministers may suspend or revoke a seed testing station licence in whole or in part if they are satisfied that—

• (a) the Analyst in Charge or any seed analyst carrying out statutory seed testing at the seed testing station is no longer qualified to act as an Analyst in Charge or, as the case may be, to carry out such testing;

• (b) the Analyst in Charge has failed to comply with the duties imposed by regulation 9 or is otherwise unfit to perform the duties of an Analyst in Charge;

• (c) the seed testing station no longer has adequate premises or equipment for the purposes of carrying out statutory seed testing;

• (d) there is no longer a person acting as Analyst in Charge at the seed testing station; or

• (e) any employee of the seed testing station has been convicted of an offence under section 16(7) of the Act.

• (3) A licence suspended under paragraph (1) or (2) may be suspended for any period up to its unexpired duration and ceases to have effect and is deemed to be withdrawn during the period of suspension to the extent specified by the Scottish Ministers.

• (4) The Scottish Ministers may suspend a licence under paragraph (1) or (2) in whole or in part with immediate effect if they are satisfied that the carrying out of the functions specified in the licence is causing, or is likely to cause, prejudice to the administration or enforcement of seeds regulations.

• (5) The Scottish Ministers may recall a suspension of a licence if they consider it appropriate to do so.

Training and examinations

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The Scottish Ministers may require—

• (a) a licensed crop inspector or a licensed seed sampler to attend such training courses and undergo such examinations as the Scottish Ministers consider necessary to maintain the knowledge and qualifications required in respect of any functions specified in a licence granted under regulation 4(1)(a);

• (b) a seed analyst carrying out statutory seed testing at a licensed seed testing station, or the Analyst in Charge of such a station, to attend such training courses and undergo such examinations as the Scottish Ministers consider necessary to maintain the knowledge and qualifications required in respect of the functions of the seed analyst or, as the case may be Analyst in Charge, carried out at that station.

Duties of the Analyst in Charge

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The Analyst in Charge of a licensed seed testing station must—

• (a) have direct responsibility for the technical operations of the station;

• (b) supervise the work of all seed analysts assisting in statutory seed testing carried out at the station; and

• (c) be in effective control of all statutory seed testing carried out at the station and have direct responsibility for the issuing of the results of statutory seed testing.

Register

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The Scottish Ministers must—

• (a) keep a register in written or electronic form specifying—

• (i) the names and contact addresses of licence holders;

• (ii) in the case of a professional seed operator’s licence, the name of the responsible person, the functions authorised by the licence and the species and categories of seed in respect of which those functions can be carried out;

• (iii) in the case of a crop inspector’s licence, the species and categories of crops which each licensed crop inspector is entitled to inspect;

• (iv) in the case of a seed sampler’s licence, the species of seed which may be sampled and the functions which the licence holder is authorised to carry out;

• (v) in the case of a seed testing station licence, the names of the Analyst in Charge and the responsible person and the species and categories of seed which may be tested and the methods of testing authorised under the licence;

• (b) make the register available for inspection by any person at any reasonable time; and

• (c) from time to time publish the register in such manner as they consider appropriate.

Fees

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• (1) A licensed crop inspector, a licensed seed sampler or a licensed seed testing station must charge the fees prescribed in seeds regulations for carrying out the functions specified in the licence.

• (2) Where no fees are prescribed in seeds regulations, a licensed crop inspector, a licensed seed sampler or a licensed seed testing station may charge reasonable fees for carrying out the functions specified in the licence, but may not derive any private gain in connection with the carrying out of those functions.

PART III — SUPERVISION AND ENFORCEMENT

Supervision and checking of licence holders

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