The Fodder Plant Seed (Scotland) Regulations 2005

Explanatory Note

(This note is not part of the Regulations))

These Regulations, which extend to Scotland only, consolidate, with amendments, the provisions of the Fodder Plant Seeds Regulations 1993 (S.I. 1993/2009) (“the 1993 Regulations”) insofar as they apply to Scotland. The 1993 Regulations have been relevantly amended by The Fodder Plant Seeds (Amendment) Regulations 1993 (S.I. 1993/2529), the Fodder Plant Seeds (Amendment) Regulations 1996 (S.I. 1996/1453), the Seeds (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/616), the Fodder Plant Seeds (Amendment) Regulations 1999 (S.I. 1999/1864), the Fodder Plant Seeds (Amendment) (Scotland) Regulations 2000 (S.S.I. 2000/247), the Seeds (National Lists of Varieties) Regulations 2001 (S.I. 2001/3510), the Seeds (Miscellaneous Amendments) (No. 2) (Scotland) Regulations 2002 (S.S.I. 2002/564) and the Fodder Plant Seeds Amendment (Scotland) Regulations 2004 (S.S.I. 2004/380).

The 1993 Regulations implemented the provisions of Council Directive 66/401/EEC on the marketing of fodder plant seed (O.J. No. P 125, 11.7.1966, p.2298) (“the Directive”). These Regulations continue to implement the Directive, which has been amended as shown in the table contained in Schedule 9 to the Regulations.

The Regulations apply to the certification and marketing of fodder plant seed of the species specified in Schedule 1 (regulation 5 and Schedule 1).

The Regulations include provisions which prohibit the marketing of fodder plant seed in Scotland unless it is Commercial Seed, seed of a listed variety which has been officially certified or Breeder’s Seed (regulation 6(1)). The prohibition does not apply in the case of seed–

(a) which has not yet been fully certified if it is marketed for processing (regulation 6(2));

(b) which forms part of a permitted mixture (regulation 8);

(c) where authorisation has been granted for scientific purposes or selection work or for the purposes of tests and trials (regulation 9); or

(d) the marketing of which is authorised by general licence under regulation 10.

The Regulations introduce provision for licensed crop inspections of multiplication crops when the results of control plots are satisfactory.

The Regulations include provisions about the standards to be met by fodder plant seed before it will be officially certified by the Scottish Ministers (regulations 3, 14 and Schedules 2 and 4). There are provisions allowing the marketing of seed which does not attain the relevant germination standards (regulation 11) and for marketing seed before it is shown to meet the relevant germination standards (regulation 12).

The Regulations make provision for breeder’s confirmations for seed which is not yet accepted onto a UK National List or the Common Catalogue but which otherwise meets the requirements for Pre basic Seed or Basic Seed (regulations 3, 20 and Schedules 2 and 4) and for upgrading a breeder’s confirmation to an official certificate (regulation 14(3)).

The Regulations lay down requirements relating to seed sampling (regulation 15 and Schedule 5) and the packaging and sealing of packages of seed (regulations 16, 18 and 21) and the labelling of packages of such seed (regulations 17, 18 and 22 and Schedule 6).

The Regulations introduce the power to require an additional sample of seed for the purposes of European tests and trials (regulation 23).

The Regulations provide that particulars given to a purchaser by a seller of seed to which the Regulations apply will constitute a statutory warranty so far as they relate to certain information about the seed being sold (regulation 24).

The Regulations introduce provisions about service of notices (regulation 25) and permit electronic communications to be used in certain circumstances (regulation 26).

The Regulations amend the Seeds (Fees) (Scotland) Regulations 2002 (S.S.I. 2002/526) to allow fees to be charged for procedures carried out in relation to the Regulations (regulation 27).

The Regulations revoke the Fodder Plant Seed Regulations 1993 as amended, insofar as they relate to Scotland.(regulation 28).

General licences made under the 1993 Regulations will be replaced by general licences made under these Regulations (regulation 28).

Contravention of these Regulations is a criminal offence (section 16(7) of the Plant Varieties and Seeds Act 1964).

A copy of the Scottish Ministers' requirements in respect of previous cropping and crop conditions for field examinations can be obtained from SEERAD, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.

No Regulatory Impact Assessment has been prepared in relation to these Regulations.