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The Fodder Plant Seed (Scotland) Regulations 2005

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Regulations 6(5), 17(4), (5), (8), (10) and (11), 18, 22(4), (6), (7) and (12)

SCHEDULE 6S

PART ISGENERAL

Method of referring to species of seedS

1.  Where the species of seed is one of the particulars to be indicated on a label, in accordance with the provisions of this Schedule, with the exception of paragraphs 7(a)(v), 8, 9(a)(iv) and 10(e), the species must be indicated at least under its botanical name, which may be given in abridged form and without the authority’s name, in Roman characters.

Commencement Information

I1Sch. 6 para. 1 in force at 1.7.2005, see reg. 1(1)

Method of referring to varieties of seedS

2.  Where the variety of seed is one of the particulars to be indicated on a label, in accordance with the provisions of this Schedule, the variety must be indicated at least in Roman characters.

Commencement Information

I2Sch. 6 para. 2 in force at 1.7.2005, see reg. 1(1)

PART IISLABELS

Label for a package of Breeder’s SeedS

3.  The label for a package of Breeder’s Seed shall–

(a)contain the following information–

(i)name and address of the supplier responsible for affixing the labels or the supplier’s [F1registered or licensed number];

(ii)reference number of the seed lot;

(iii)species (in the case of x Festulolium the names of the species within the genus Festuca and Lolium shall be indicated);

(iv)variety;

(v)the words “Breeder’s Seed”;

(vi)declared net or gross weight; and

(vii)the words “NOT CERTIFIED”; and

(b)be coloured buff.

Textual Amendments

Commencement Information

I3Sch. 6 para. 3 in force at 1.7.2005, see reg. 1(1)

Official label for a package of Pre-basic SeedS

4.  The official label for a package of Pre-basic Seed shall–

(a)contain the following information–

(i)certifying authority and [F2country or country initials];

(ii)month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows–

(aa)by the word “Sealed” followed by the month and year of sealing; or

(bb)by the word “Sampled” followed by the month and year of official sampling;

(iii)reference number of the seed lot;

(iv)species (in the case of x Festulolium the names of the species within the genus Festuca and Lolium shall be indicated);

(v)variety;

(vi)the words “Pre-basic Seed”;

(vii)country of production;

(viii)declared net or gross weight;

(ix)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of seed and the total weight; and

(x)number of generations preceding seed of the categories Certified Seed or Certified Seed of the First Generation;

(b)be a minimum size of 110 millimetres by 67 millimetres; and

(c)be coloured white with a diagonal violet line.

Textual Amendments

Commencement Information

I4Sch. 6 para. 4 in force at 1.7.2005, see reg. 1(1)

Official label for a package of Basic Seed or Seed of a Certified GenerationS

5.  The official label for a package of Basic Seed or Seed of a Certified Generation shall–

(a)subject to sub-paragraph (b), contain the following information–

(i)the words “[F3GB] rules and standards”;

(ii)certifying authority and [F4country or country initials];

[F5(iia)officially assigned serial number;]

(iii)month and year of sealing or the month and year of the last official sampling for the purposes of certification, expressed respectively as follows–

(aa)by the word “Sealed” followed by the month and year of sealing; or

(bb)by the word “Sampled” followed by the month and year of official sampling;

(iv)reference number of the seed lot;

(v)species (in the case of x Festulolium the names of the species within the genus Festuca and Lolium shall be indicated);

(vi)variety;

(vii)category;

(viii)country of production;

(ix)declared net or gross weight;

(x)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seed and the total weight;

(xi)for Certified Seed of the Second Generation and subsequent generations from Basic Seed: number of generations from Basic Seed;

(xii)for seeds of grass varieties, in respect of which no official examination of their value for cultivation and use has been carried out the words “Not intended for fodder production”; and

(xiii)where at least germination has been retested, the word “Retested” followed by the month and year of retesting and the service responsible for such retesting;

(b)not contain the information referred to in sub-paragraph (a)(xiii) if that information is given on an official sticker attached to the official label;

(c)be a minimum size of 110 millimetres by 67 millimetres; and

(d)be coloured–

(i)white for Basic Seed;

(ii)blue for Certified Seed and Certified Seed of the First Generation; and

(iii)red for Certified Seed of the Second Generation.

Textual Amendments

Commencement Information

I5Sch. 6 para. 5 in force at 1.7.2005, see reg. 1(1)

Official label for a package of Commercial SeedS

6.  The official label for a package of Commercial Seed shall–

(a)subject to sub-paragraph (b), contain the following information–

(i)the words “[F6GB] rules and standards”;

(ii)certification authority and [F7country or country initials];

[F8(iia)officially assigned serial number;]

(iii)month and year of sealing expressed by the word “Sealed” followed by the month and year of sealing;

(iv)reference number of the seed lot;

(v)species;

(vi)the words “Commercial Seed (not certified as to variety)”;

(vii)country of production and the region of production within that country;

(viii)declared net or gross weight;

(ix)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seed and the total weight; and

(x)where at least germination has been retested, the word “Retested” followed by the month and year of retesting and the service responsible for such retesting;

(b)not contain the information referred to in sub-paragraph (a)(x) if that information is given on an official sticker attached to the official label;

(c)be a minimum size of 110 millimetres by 67 millimetres; and

(d)be coloured brown.

Textual Amendments

Commencement Information

I6Sch. 6 para. 6 in force at 1.7.2005, see reg. 1(1)

[F9Official label for a package of test and trial seedS

6A.  The official label for a package of test and trial seed shall–

(a)subject to sub-paragraph (b), contain the following information–

(i)the words “test and trial seed”;

(ii)certification authority and [F10country or country initials];

[F11(iia)officially assigned serial number;]

(iii)reference number of the seed lot;

(iv)month and year of sealing expressed by the word “Sealed” followed by the month and year of sealing;

(v)species;

(vi)variety under which the seed is to be marketed;

[F12(vii)the official application number in relation to the application for listing under—

(aa)in relation to applications in GB, regulation 4(1)(a) (applications in relation to GB Variety Lists) of the Seeds (National List of Varieties) Regulations 2001; or

(bb)in relation to applications in Northern Ireland, the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001;]

(viii)the words “variety not yet officially listed”;

(ix)the words “for tests and trials only”;

(x)the words “genetically modified variety”, where applicable;

(xi)declared net or gross weight or declared number of pure seeds; and

(xii)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seeds or, where applicable, clusters and the total weight;

(b)not contain the information referred to in sub-paragraph (a)(ix) if that information is given on an official sticker attached to the official label;

(c)be a minimum size of 110 millimetres by 67 millimetres; and

(d)be coloured orange.]

Textual Amendments

[F13Official label for a package of seed of a Conservation VarietyS

6B.—(1) The official label for a package of seed of a Conservation Variety shall–

(a)contain the following information–

(i)the words “ [F14GB] rules and standards”;

(ii)the name and address, or the registration number, of the person responsible for affixing the label or notice;

(iii)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;

(iv)the species;

(v)the denomination of the Conservation Variety;

(vi)the words “Conservation Variety”;

(vii)the region of origin;

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

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

(x)the declared net or gross weight or declared number of seeds; and

(xi)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; and

(b)be a minimum size of 110 millimetres by 67 millimetres; and

(c)be coloured brown.]

Textual Amendments

Official label for a package of a mixture of seeds to which regulation 8 appliesS

7.  The official label for a package of a mixture of seeds shall–

(a)subject to sub-paragraph (b), contain the following information–

(i)the words “Mixture of seeds for ... ... ... ...” (intended use);

(ii)certification authority and [F15country or country initials];

[F16(iia)officially assigned serial number;]

(iii)reference number of the seed lot;

(iv)month and year of sealing expressed by the word “Sealed” followed by the month and year of sealing;

(v)species, variety, category, country of production and percentage by weight of each of the constituents which in the case of the species and of the variety, shall be indicated at least in Roman characters;

(vi)where the kinds of constituents are given and this includes x Festulolium the names of the species within the genus Festuca and Lolium;

(vii)declared net or gross weight or declared number of pure seeds;

(viii)where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seed and the total weight; and

(ix)where at least germination has been retested, the word “Retested” followed by the month and year of retesting and the service responsible for such retesting;

(b)not contain the information referred to in sub-paragraph (a)(ix) if that information is given on an official sticker attached to the official label;

(c)be a minimum size of 110 millimetres by 67 millimetres; and

(d)be coloured green.

Textual Amendments

Commencement Information

I7Sch. 6 para. 7 in force at 1.7.2005, see reg. 1(1)

Further particulars to be given in respect of a mixture of seeds – other than a mixture in a small package of seeds not intended for use for agricultural purposes where said mixtures contain FestuloliumS

8.  For each constituent the official label for a package of a mixture of seeds shall also contain the following information–

(a)species indicated at least in Roman characters;

(b)category;

(c)variety (except for Commercial Seed); and

(d)proportion by weight of the mixtures.

Commencement Information

I8Sch. 6 para. 8 in force at 1.7.2005, see reg. 1(1)

[F17Producer’s label for a package of seed of a preservation mixtureS

8A.—(1) The producer’s label for a package of seed of a preservation mixture must contain the following information—

(a)the words “[F18GB] rules and standards”;

(b)name and address of the person responsible for affixing the labels and the person’s identification or mark;

(c)harvesting method; either directly harvested or crop-grown;

(d)year of sealing expressed by the word “Sealed” followed by the year of sealing;

(e)region of origin;

(f)source area;

(g)collection area;

(h)habitat type of collection site;

(i)the words “preservation fodder plant seed mixture, intended for use in an area of the same habitat type as the collection site, not considering the biotic conditions”;

(j)reference number of the lot;

(k)subject to sub-paragraph (2), the percentage by weight of the constituents as species and, where relevant, subspecies;

(l)declared gross or net weight;

(m)where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of clusters or pure seeds and the total weight must be indicated; and

(n)in the case of crop-grown preservation mixtures, a specific germination rate for constituents of the mixture which are specified in Schedule 1 and which do not comply with the germination requirements for Commercial Seed set out in Part II of Schedule 4, or an average of the specific germination rates where more than five specific germination rates would be required.

(2) For directly harvested preservation mixtures, it suffices to give those constituents as species and, where relevant[F19,] subspecies, which are typical for the habitat type of the collection site and which are, as constituents of the mixture, of importance for the preservation of the natural environment in the context of the conservation of genetic resources.]

Textual Amendments

PART IIISLABELS FOR SMALL F20... A OR SMALL F20... B PACKAGES

Textual Amendments

Label for a small F21... B package of Basic Seed, Seed of a Certified Generation or Commercial SeedS

9.  The label for a small F22... B package of Basic Seed, Seed of a Certified Generation or Commercial Seed shall–

(a)contain the following information–

(i)the words “small F23... ‘B’ package”;

(ii)name and address of the person responsible for affixing the label;

(iii)reference number of the seed lot;

(iv)species indicated at least in Roman characters (in the case of x Festulolium the names of the species within the genus Festuca and Lolium shall be indicated);

(v)variety (or, in the case of Commercial Seed the words “Commercial Seed not certified as to variety”);

(vi)category; and

(vii)declared net weight, except in the case of packages not exceeding 15 grams net weight; and

(b)be coloured–

(i)white for Basic Seed;

(ii)blue for Certified Seed and Certified Seed of the First Generation;

(iii)red for Certified Seed of the Second Generation; and

(iv)brown for Commercial Seed.

Textual Amendments

Commencement Information

I9Sch. 6 para. 9 in force at 1.7.2005, see reg. 1(1)

Label for a small F24... A or small F24... B package of MixturesS

10.  The label for a small F25... A or small F25... B package of Pre-basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed shall contain the following information–

(a)the words “Small F26... ‘A’ package” or “small F26... ‘B’ package”;

(b)the words “Mixture of seeds for ... ... ... ...” (intended use);

(c)net weight or gross weight or number of pure seeds;

(d)where weight is indicated and granulated pesticides, pelleting substances, or other solid additives are used, the nature of the additives and also the approximate ratio between the weight of pure seed and the total weight;

(e)percentage by weight of the various constituents shown by species and, where appropriate, by variety both indicated at least in Roman characters or such part of this information as a [F27country] may have prescribed for small packages produced in its territory if a reference to the kind of mixture including the proportion by weight can be communicated to the purchaser on request and has been officially recorded;

(f)for lupins, it should be specified whether they are bitter or sweet lupins;

(g)name and address of the supplier responsible for marking or his identification mark;

(h)for a small F28... A package–

(i)the reference number enabling the used seed lots to be identified; and

(ii)the [F29country or country initials]; and

(i)for a small F30... B package–

(i)the officially assigned serial number;

(ii)the service which assigned the serial number and the name of the [F31country or country initials]; and

(iii)the reference number if the official serial number does not enable the used seed lots to be identified.

Textual Amendments

Commencement Information

I10Sch. 6 para. 10 in force at 1.7.2005, see reg. 1(1)

PART IVSPARTICULARS TO BE MARKED OR DISPLAYED ON THE SALE OF UNPACKETED SEED

Particulars to be marked or displayed on the sale of unpacketed seedS

11.  The following particulars shall be marked on, or displayed near, the container referred to in regulation 18–

(a)the words “complies with legal standards”;

(b)species (in the case of x Festulolium the names of the species within the genus Festuca and Lolium shall be indicated); and

(c)except in the case of Commercial Seed, variety.

Commencement Information

I11Sch. 6 para. 11 in force at 1.7.2005, see reg. 1(1)

PART VSINFORMATION IN RESPECT OF SEED IMPORTED FROM COUNTRIES [F32OUTSIDE THE UNITED KINGDOM] IN PACKAGES EXCEEDING 2 KILOGRAMS NET WEIGHT

Textual Amendments

Information to be supplied in respect of seed imported from [F33outside the United Kingdom] in a package exceeding 2 kilograms net weightS

12.  The information to be supplied to the Scottish Ministers in accordance with regulation 6(5) in respect of seed imported from [F34outside the United Kingdom] in a package exceeding 2 kilograms of seed is as follows–

(a)species;

(b)variety;

(c)category;

(d)country of production and official inspection authority;

(e)country of despatch;

(f)importer; and

(g)quantity of seed.

Textual Amendments

Commencement Information

I12Sch. 6 para. 12 in force at 1.7.2005, see reg. 1(1)

PART VISPRINTING OF SPECIFIED MATTERS ON PACKAGES (WHOLE BAG LABELLING)

Packages sealed in Scotland – printers' returnsS

13.  Arrangements shall be made with the printers for returns to be made to the Scottish Ministers of the number of packages printed or stamped pursuant to regulations 17(10) and [F3522(6)] and of the individual serial numbers of such packages.

Textual Amendments

Commencement Information

I13Sch. 6 para. 13 in force at 1.7.2005, see reg. 1(1)

Packages sealed in Scotland – individual serial numbersS

14.  Each package shall have printed or stamped on it, or be perforated with, an individual serial number allocated by the Scottish Ministers, which shall appear in the same panel as the particulars of the matters specified in Part II of this Schedule.

Commencement Information

I14Sch. 6 para. 14 in force at 1.7.2005, see reg. 1(1)

Packages sealed in Scotland – printing or stampingS

15.  The printing or stamping of the packages shall be by, and in accordance with the instructions of, the Scottish Ministers or by a licensed seed sampler.

Commencement Information

I15Sch. 6 para. 15 in force at 1.7.2005, see reg. 1(1)

Packages sealed in Scotland – particulars to be included in the printing or stampS

16.  The reference number of the seed lot and the month and year in which the package was officially sealed shall be printed or stamped by the Scottish Ministers or a licensed seed sampler at the time of sampling for official examination.

Commencement Information

I16Sch. 6 para. 16 in force at 1.7.2005, see reg. 1(1)

Seed packages sealed in the United Kingdom but not in Scotland, or [F36outside the United Kingdom] S

[F3717.  Such requirements of the [F38country outside the United Kingdom] (if the seed was sealed in that [F39country]) or [F40DAERA] (if the seed was sealed in Northern Ireland), the National Assembly for Wales (if the seed was sealed in Wales) or the Secretary of State (if the seed was sealed in England) as correspond to the requirements specified in paragraphs 12 to 15 of this Part of this Schedule for seed which has been sealed in Scotland shall be satisfied.]

Textual Amendments

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