The Fodder Plant Seed (Scotland) Regulations 2005

Definitions of seed categories S

3.  In these Regulations–

“Breeder’s Seed” means seed of a generation prior to Basic Seed which has been produced by or under the responsibility of the breeder and is intended for the production of Pre-basic Seed or Basic Seed;

“Pre-basic Seed” means seed of a generation prior to Basic Seed which–

(a)

has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety;

(b)

is intended to be used for the production of more Pre-basic Seed, Basic Seed, or with the written authority of the breeder–

(i)

in the case of seed other than field peas, field beans, Lucerne, lupins and vetches, Certified Seed;

(ii)

in the case of field peas, field beans, Lucerne, lupins and vetches, Certified Seed of the First Generation; or

(iii)

in the case of field peas and field beans, Certified Seed of the Second Generation; and

(c)

has been–

(i)

subject to regulation 12, officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Basic Seed specified in Schedule 4; or

(ii)

[F1 certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Basic Seed in the relevant part of the United Kingdom;]

“Basic Seed”, other than in relation to a component of a hybrid variety of fodder kale, means seed which–

(a)

in relation to seed of bred varieties has been produced by or under the responsibility of the breeder according to accepted practices for the maintenance of the variety; or

(b)

in relation to seed of local varieties has been produced under official control from material officially accepted as being of the local variety on one or more holdings situated within a clearly demarcated region of origin; and

(c)

in either case is intended to be used for the production of–

(i)

in the case of seed other than field beans, field peas, Lucerne, lupins and vetches, Certified Seed;

(ii)

in the case of field beans, field peas, Lucerne lupins and vetches, Certified Seed of the First Generation; or

(iii)

in the case of field beans and field peas, Certified Seed of the Second Generation; and

(d)

has been–

(i)

subject to regulation 12, officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in paragraph (a) or (b) and paragraph (c) and the requirements for Basic Seed specified in Schedule 4; or

(ii)

[F2 certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in paragraph (a) or (b) and paragraph (c) and the requirements for Basic Seed in the relevant part of the United Kingdom;]

“Basic Seed” in relation to a component of a hybrid variety of fodder kale, means seed of the component which–

(a)

has been produced by or under the responsibility of the breeder;

(b)

is intended to be used for the production of Certified Seed of the hybrid variety; and

(c)

has been–

(i)

subject to regulation 12, officially certified, or confirmed by the Scottish Ministers by means of a breeder’s confirmation, as satisfying the conditions specified in [F3 paragraphs (a) and (b)] and the requirements for Basic Seed specified in Schedule 4; or

(ii)

[F4 certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Basic Seed in the relevant part of the United Kingdom;]

“Certified Seed” means seed which in relation to all of the species listed in Schedule 1 other than field beans, field peas, Lucerne, lupins and vetches–

(a)

has been produced directly from Basic Seed or, on the breeder’s written authority, from Pre-basic seed;

(b)

is intended for purposes other than the production of fodder plant seed; and

(c)

has been–

(i)

subject to regulation 12, officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed specified in Schedule 4; or

(ii)

[F5 certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed in the relevant part of the United Kingdom;]

“Certified Seed of the First Generation” means seed of field beans, field peas, Lucerne, lupins and vetches which–

(a)

has been produced directly from Basic Seed or, on the breeder’s written authority, from Pre-basic seed;

(b)

is intended–

(i)

in the case of field beans and field peas, for the production of Certified Seed of the Second Generation, or

(ii)

in the case of field beans, field peas, Lucerne, lupins and vetches, for purposes other than the production of fodder plant seed;

(c)

has been–

(i)

subject to regulation 12, officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation specified in Schedule 4; or

(ii)

[F6 certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the First Generation in the relevant part of the United Kingdom;]

“Certified Seed of the Second Generation” means seed of field beans, field peas, Lucerne, lupins and vetches which–

(a)

in the case of field beans or field peas has been produced directly from Basic Seed, from Certified Seed of the First Generation or, on the breeder’s written authority, from Pre-basic seed;

(b)

is intended for purposes other than the production of fodder plant seed;

(c)

has been–

(i)

subject to regulation 12, officially certified as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Second Generation specified in Schedule 4; or

(ii)

[F7 certified by a GB Authority, other than the Scottish Ministers, as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed of the Second Generation in the relevant part of the United Kingdom;]

“Commercial Seed” means seed of annual meadowgrass, Hungarian vetch or sainfoin which is identifiable as to its species and has been–

(a)

subject to regulation 12, officially certified as satisfying the requirements for Commercial Seed specified in Schedule 4; or

(b)

[F8 certified by a GB Authority, other than the Scottish Ministers, as satisfying the requirements for Commercial Seed in the relevant part of the United Kingdom;]

“Seed of a Certified Generation” means Certified Seed, Certified Seed of the First Generation and Certified Seed of the Second Generation.

Textual Amendments

F1 Words in reg. 3 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(3)(a) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 3 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(3)(b) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 3 substituted (1.4.2007) by The Seed (Scotland) (Amendments for Tests and Trials etc.) Regulations 2007 (S.S.I. 2007/224), regs. 1, 14

F4 Words in reg. 3 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(3)(c) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 3 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(3)(d) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(3)(d))

F6 Words in reg. 3 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(3)(e) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(3)(e)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 3 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(3)(f) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(3)(f)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 3 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(3)(g) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(3)(g)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 3 in force at 1.7.2005, see reg. 1(1)