The Vegetable Seeds Regulations 1993

[^key-0b00207efb7d765eca8dc49eab080adf]: Reg. 5(4) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b5cd13987c15b8a83e74d6babcace05b]: Words in reg. 5(4A) omitted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(4)(d)(i) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 10(4)(c)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1d5160eb235d4f24ba916cb3de0f2bc2]: Words in reg. 5(4A) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(4)(d)(ii) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 10(4)(c)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a543a495d892807f593d4bd9dd70ddea]: Words in reg. 5(11) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(4)(i) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 10(4)(e)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2cdc73b68e7ed31939416785f133bf6b]: Reg. 5(14) omitted (S.) (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), 9(4)(k); 2020 c. 1, Sch. 5 para. 1(1)

[^key-953edc40af18c5892f51d0a7e8cd66f1]: Words in reg. 5(1)(c) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(4)(a)(iv) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 10(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-4ecefbe40779a8443e3da41036bca2bd]: Words in reg. 5(5) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(4)(e); 2020 c. 1, Sch. 5 para. 1(1)

[^key-8a2ce1d767e1cf64a4ec0c9e0bd766a4]: Words in reg. 5(10) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(4)(h)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b856d4a3e119119a989b3f84d6d04527]: Words in reg. 5(10) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(4)(h)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-89384517786ca491ffdcd298313dae44]: Words in reg. 5(1)(b)(ii) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(4)(a)(ii)(bb) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 10(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a09f3d5aebe7ce4a71f4fb55d9570cf1]: Reg. 5A(6A) inserted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-8fcfa3cd5b22bd47023524b75ee5aaf4]: Words in reg. 6A(1)(c) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(6) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 10(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d3e92fec4be98831ea4ac242271a9eb6]: Words in reg. 6B heading substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(7)(a) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 10(6)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3b795256447bd0563f2266fb7faa9b0b]: Words in reg. 6B substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(7)(b) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 10(6)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-42aa11dcc07b779690ee667e5dd156af]: Reg. 9(10) omitted (S.) (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), 9(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ec20b355daceb0e8e4a3b2c4efa753df]: Words in reg. 9(12) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(8)(b) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 10(7)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-8bf8ba1dc6b7dcac15f958f03f75eef7]: Words in reg. 9A(8) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(9) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 10(8)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-fd89ffebca146cac06cc3da7fd496a66]: Regs. 11A, 11B inserted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(10) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 10(9)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ba7702e00201f931813bd0aa98598c49]: Words in Sch. 4 Pt. 1 para. 2(b) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(11)(a)(i)(bb) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 10(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-01bcd8cefef3688a1a04f6c530b6c916]: Word in Sch. 4 Pt. 1 para. 4 substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(11)(a)(ii)(aa) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 10(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-f4e2449630762ee574d744c221d037b2]: Word in Sch. 4 Pt. 1 para. 4 substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(11)(a)(ii)(bb) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 10(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-7a1934bc276b952d1fe8b72b8caf5166]: Words in Sch. 4 Pt. 1 para. 2(a) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(11)(a)(i)(aa) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 10(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d482df7498a1293c3feede3adfb39bb9]: Word in Sch. 4 Pt. 2 para. 3(b) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(11)(b)(i) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 10(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-39bba6a667ae40c9ac2787bb21e80f9a]: Word in Sch. 4 Pt. 2 para. 3(b) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(11)(b)(ii) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 10(10)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-103307bdb44f5e078a50094c58ea40da]: Words in Sch. 6 Pt. 1 substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(12)(b)(iii) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 10(11)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ee7a7f1e0c1815560cdcab22b0bb2704]: Words in Sch. 6 Pt. 1 substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3d9bb3756bd013791c481fa02c8dc1d6]: Word in Sch. 6 Pt. 1 substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(12)(b)(i) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 10(11)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c328054a70394d45eca538ad8dd9414d]: Words in Sch. 6 Pt. 1 substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(12)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ada751d5de9d46b3aaa5d76e0bae1bd2]: Word in Sch. 6 Pt. 2 substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(12)(c) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 10(11)(c)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-75db85d7423a441e380c4e30f5407733]: Word in Sch. 6 Pt. 1 substituted (S.) (31.12.2020) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I 2019/59), regs. 1(1)(b), 9(12)(ba) (as inserted by S.S.I. 2020/445, regs. 1(1)(b), 10(11)(b)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c6190a30e36fba1e466b754f8f876e9b]: Word in Sch. 6 Pt. 3 substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(12)(d) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 10(11)(c)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5fde95dffea3b4e65e8be669f501b149]: Word in Sch. 6 Pt. 3 substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(12)(e) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 10(11)(c)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-f8acabcc1c321b0522802113d6da5f5a]: Words in Sch. 6 Pt. 4 heading substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(12)(ea) (as inserted by S.S.I. 2020/445, regs. 1(1)(b), 10(11)(d)); 2020 c. 1, Sch. 5 para. 1(1); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_60125159-60bc-4332-c590-a984cb6a2a81]: Word in Sch. 6 Pt. 6 substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(12)(f) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 10(11)(c)); 2020 c. 1, Sch. 5 para. 1(1); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_e4246949-bfbd-46a4-8009-69311b1553af]: Word in Sch. 6 Pt. 7 substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 9(12)(g) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 10(11)(c)); 2020 c. 1, Sch. 5 para. 1(1); 2020 c. 1, Sch. 5 para. 1(1)

Breeder’s confirmations

6A

• (1) An application for the issue of a breeder’s confirmation in respect of a seed lot—

• (a) shall be made in writing by the breeder to the Ministers in such form and manner, and shall include such information, records, illustrations, material and seeds, as the Ministers may require;

• (b) shall be made not later than the thirty-first day of December of the year following the year of harvest of the crop from which the seed lot is obtained or within such other time as the Ministers may allow; and

• (c) shall be made only for seed of a variety when an application has been made to add the variety 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 Ministers in accordance with paragraph (1) above the Ministers shall deal with the application in accordance with the provisions of Schedule 2A.

• (3) A breeder’s confirmation which has been issued by the Ministers may be withdrawn by him in respect of either the whole of a seed lot or any part of a seed lot and any seeds from which a breeder’s confirmation has been so withdrawn shall be deemed not to have had a breeder’s confirmation if—

• (a) the results of an official examination of the seeds in respect of which the breeder’s confirmation has been issued are declared null and void in accordance with paragraph (2) of regulation 7, or

• (b) information has been received by him which, if known to him before the breeder’s confirmation was issued, would have resulted in the application for its issue being refused on the grounds that the seeds did not meet the requirements of the seeds regulations.

Sampling

Sealing of packages

Sealing of packages—breeder’s confirmation

8A

• (1) No person shall have in his possession any package of seed in respect of which a breeder’s confirmation for Pre-basic Seed or Basic Seed has been applied for unless it has been sealed in accordance with this regulation by or under the supervision of a person authorised by the Ministers in that behalf in such manner that when the package is opened the sealing device will be broken and cannot be re-used.

• (2) Sealing under paragraph (1) above shall take place not later than at the time of sampling or, in the case of seed that is wholly or partly re-packaged, the sealing of the original package shall take place no later than that time.

• (3) No person shall open a package of seed which has been sealed in accordance with paragraph (1) above except—

• (a) for the purpose of sowing all the seed;

• (b) where—

• (i) any action carried out in relation to the package is done immediately after opening;

• (ii) some seed remains in the package after that action has been done; and

• (iii) the package is re-sealed under paragraph (4) below immediately after the completion of that action; or

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

• (4) If a package of seeds which has been sealed in accordance with paragraph (1) above shall (in accordance with paragraph (3) above or otherwise) have been opened neither it nor any other package containing any of those seeds may be sealed, re-sealed or further re-sealed (as the case may be) except by or under the supervision of a person authorised by the Ministers in that behalf.

• (5) If the details on any label required by regulation 9A cease to be correct as a consequence of any action of the kind described in paragraph (3) above the label shall be replaced, by or under the supervision of a person authorised by the Ministers in that behalf, at the time the package is re-sealed under paragraph (4) above.

Labelling of packages

Labelling of packages—breeder’s confirmation

9A

• (1) No person shall have in his possession any package of seed in respect of which a breeder’s confirmation for Pre-basic Seed or Basic Seed has been applied for unless it has been, not later than the time of sealing under regulation 8A, labelled, inscribed or otherwise dealt with in accordance with paragraphs (2) to (9) of this regulation.

• (2) Subject to the exception in paragraph (3) below, packages of seeds shall have affixed on the outside an official label containing, as appropriate to the seeds, particulars of the matters specified, and being at least the size and of the colour also specified in Part I of Schedule 6 and over-stamped “not certified”, which shall be either an adhesive label or a label secured to the package by a sealing device approved by the Ministers.

• (3) The official label referred to in paragraph (2) above shall not be required when all of the particulars to be included therein are included in the official inner label placed in the package in accordance with paragraph (5) below and the package is sufficiently transparent to enable such particulars to be readily legible through it.

• (4) If in accordance with paragraph 2 of Schedule 2A (applications for breeder’s confirmation) a breeder’s confirmation shall have been issued in respect of seed of a lower percentage of germination than that specified in Schedule 4 the fact shall be stated on the official label and where possession of the package is transferred to another person, the transferor shall affix a label to the outside of the package containing a statement of the germination of the seeds together with his name and address and the reference number of the lot.

• (5) A package 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 (2) above. The official inner label shall contain particulars of the reference number of the lot and of the kind of seed and the variety; except that if such particulars are printed indelibly on the outside of the package or if the official label is an adhesive or tear-resistant label, an official inner label shall not be required.

• (6) If a package of seeds shall have been re-sealed in accordance with regulation 8A(4) this fact shall be stated on the official label, together with the month and year of re-sealing and the name of the authority responsible for the re-sealing.

• (7) If any seeds have 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) on a separate label,

• (b) on the label referred to in paragraph (2) or (4) above, or

• (c) where paragraph (3) above applies, on the official inner label referred to in that paragraph,

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 in a statement enclosed in the package.

• (8) The particulars and information given in accordance with this regulation shall be given in English but may also be given in other languages.

• (8A) Where the kind or variety of seed is indicated on a label or marking it must be in Roman characters and the kind of seed may be designated by common name only or by common name and Latin name.

• (9) 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 confirmation.

• (10) Subject to the provisions 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 seeds or which is to be so affixed, contained or marked, except as may occur in the course of opening the package for the purpose of sowing or for any other lawful purpose.

Record of transactions

Civil liabilities of sellers of seeds

SCHEDULE 2A — BREEDER'S CONFIRMATIONS

1

On receipt of an application made in accordance with regulation 6A(1) for the issue of a breeder’s confirmation in respect of a seed lot, for Pre-basic Seed or Basic Seed, the Ministers shall, subject to paragraphs 2 and 3 below and to the payment of any fees payable under seeds regulations, issue in respect of such seed lot a breeder’s confirmation containing the particulars specified in Schedule 3A.

2

The Ministers shall refuse to issue a breeder’s confirmation in respect of a seed lot unless—

• (a) an application has been made to the Ministers, at such time as he may require, for registration by him of—

• (i) the seed lot or seed lots to be used for the production of the crop or crops from which the seed lot is to be obtained, and

• (ii) the crop or crops from which the seed lot is to be obtained;

• (b) an official examination of the crop or crops from which the seed lot was obtained shall have shown that the crop or crops meet the standards appropriate to the category and the level set out in Part I of Schedule 4; and

• (c) an official examination of a sample of the seed lot shall have shown that the seeds meet the standards appropriate to the category and the level set out in Part II of Schedule 4;

except that paragraph 2(c) above, in so far as it relates to standards of germination set out in Part II of Schedule 4, shall not apply in relation to the issue of a breeder’s confirmation for Pre-basic Seed or Basic Seed in respect of seeds which attain a lower percentage of germination than that specified in Schedule 4.

3

An application under paragraph 2(a) above shall be in writing in such form and manner as the Ministers may require and shall be accompanied by such information and records as he may require in order to satisfy himself as to the identity of the seed lot or lots or crop or crops to be registered.

4

The Ministers may refuse to issue a breeder’s confirmation in respect of a seed lot if it appears to him—

• (a) a sample of the seed lot taken for the purpose of an official examination in order to ascertain whether the seed lot meets the appropriate standards set out in Part II of Schedule 4 has not been taken in accordance with the requirements contained in Schedule 5;

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

• (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.

SCHEDULE 3A — PARTICULARS TO BE SPECIFIED IN A BREEDER'S CONFIRMATION

PART IV — INFORMATION IN RESPECT OF SEEDS IMPORTED FROM COUNTRIES OUTSIDE THE UNITED KINGDOM IN PACKAGES OF MORE THAN 2 KILOGRAMS IN NET WEIGHT

1

Kind.

2

Variety.

3

Category.

4

Country of production and official inspection authority.

5

Country of despatch.

6

Importer.

7

Quantity of seed.

Conservation Varieties

5A

• (1) The Ministers shall ascertain, so far as practicable, whether seed of a Conservation Variety has sufficient varietal purity by the use of official post control and the consideration of any other relevant information.

• (2) Where the results of official post control show that the seed does not have sufficient varietal purity, the Ministers shall notify in writing the person marketing the relevant seed lot of that fact.

• (3) Where, in the case of Standard Seed of a Conservation Variety, notice is given under paragraph (2), no further marketing of the relevant seed lot shall occur.

• (4) No person shall market seed of a Conservation Variety other than in its region of origin or an additional region.

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

• (a) the size (in hectares); and

• (b) the location,

of the area to be used to produce the seed.

• (6) For the purposes of Article 15 (quantitative restrictions) of Commission Directive 2009/145, the Ministers may specify the maximum amount of seed of a Conservation Variety which may be marketed in any given growing season and specify different maxima for different persons or classes of person.

• (6A) For the purposes of paragraph (6), Article 15 of Commission Directive 2009/145 is to be read as if—

• (a) “Each Member State shall ensure that,” were omitted,

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

• (7) Where a person proposing to produce seed of a Conservation Variety has supplied the Ministers with details under paragraph (5), the Ministers may in writing authorise the person to market seed of a Conservation Variety not exceeding the amount specified in the authorisation and shall give notice of that authorisation to the person.

• (8) No person shall market more than the maximum amount of seed of a Conservation Variety specified in an authorisation given to that person under paragraph (7).

Amateur varieties

5B

• (1) The Ministers shall ascertain, so far as practicable, whether Standard Seed of an Amateur Variety has sufficient varietal purity by the use of official post control and the consideration of any other relevant information.

• (2) Where the results of official post control show that the seed does not have sufficient varietal purity, the Ministers shall notify in writing the person marketing the relevant seed lot of that fact.

• (3) Where, in the case of Standard Seed of an Amateur Variety, notice is given under paragraph (2), no further marketing of the relevant seed lot shall occur.

• (4) The seed must be in a package not exceeding the maximum net weight specified for each species in Annex II to Commission Directive 2009/145/EC.

Official certificates

Breeder’s confirmations

Sampling

Sealing of packages

Sealing of packages—breeder’s confirmation

Labelling of packages

Labelling of packages—breeder’s confirmation

Record of transactions

Civil liabilities of sellers of seeds

2A

In the case of Certified Seed of a Conservation Variety, the Ministers shall refuse to issue an official certificate in respect of a seed lot unless—

• (a) an application has been made to the Ministers, in such form and manner and at such time as they may require, for registration by them of—

• (i) the seed lot or seed lots to be used for the production of the crop or crops from which the seed lot is to be obtained; and

• (ii) the crop or crops from which the seed lot is to be obtained;

• (b) an examination of the crop of crops from which the seed lot was obtained shall have shown that the crop or crops meets paragraphs 2, 3, 4, 5, 6 and 7 of Part I of Schedule 4; and

• (c) an examination of a sample of the seed lot shows that the seed meets paragraphs 2 and 3 of Part II of Schedule 4.

3A

In the case of Certified Seed of a Conservation Variety the Ministers may refuse to issue an official certificate in respect of a seed lot if it appears to them that—

• (a) a sample of the seed lot taken for the purpose of an examination in order to ascertain whether the seed lot meets the appropriate standards set out in paragraphs 2 and 3 of Part II of Schedule 4 has not been taken in accordance with the requirements contained in Schedule 5;

• (b) official post control shows that the seed does not have sufficient varietal purity; or

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

PART III — EXAMINATIONS USED TO ASCERTAIN WHETHER A CROP OR SEED LOT MEETS THE CONDITIONS RELATING TO CERTIFIED SEED OF A CONSERVATION VARIETY, STANDARD SEED OF A CONSERVATION VARIETY AND STANDARD SEED OF AN AMATEUR VARIETY

All examinations of Certified Seed of a Conservation Variety, Standard Seed of a Conservation Variety and Standard Seed of an Amateur Variety used to ascertain whether the crops or seed lots meet the standards in this Schedule applicable to the category shall be carried out in accordance with current international methods insofar as such methodsexist.

PART VI — SUPPLIER’S LABEL FOR A PACKAGE OF SEED OF A CONSERVATION VARIETY

The supplier’s label for a package of seed of a Conservation Variety shall be a minimum size of 110 millimetres by 67 millimetres, be coloured brown and contain the following information:—

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

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

• (c) 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;

• (d) the species;

• (e) the denomination of the conservation variety;

• (f) the words “Certified Seed of a Conservation Variety” or “Standard Seed of a Conservation Variety”;

• (g) the region of origin;

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

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

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

• (k) 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.

PART VII — SUPPLIER’S LABEL FOR A PACKAGE OF STANDARD SEED OF AN AMATEUR VARIETY

The supplier’s label for a package of Standard Seed of an Amateur Variety shall contain the following information:—

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

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

• (c) 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;

• (d) the species;

• (e) the denomination of the Amateur Variety;

• (f) the words “Amateur Variety”;

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

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

• (i) 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.

Importation from outside the European Union

6B

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.

Certification and labelling for export

6C

• (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.

Sampling

Sealing of packages

Sealing of packages—breeder’s confirmation

Labelling of packages

Labelling of packages—breeder’s confirmation

Record of transactions

Civil liabilities of sellers of seeds

This table includes hybrids of the species and Groups listed.

Importation from a country granted equivalence

Certification in a Crown Dependency or a country granted equivalence

11A

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 labels and supplier's labels on IP completion day

11B

A label pre-printed before IP completion day which at the date on which it was printed was an official label or a supplier's label for the purposes of these Regulations, is to be treated as an official label or, as the case may be, a supplier's label for packages of Basic Seed, Certified Seed, Standard Seed, Seed of a Conservation Variety or Standard Seed of an Amateur Variety or, as the case may be, small packages of Certified Seed or Standard 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.