The Oil and Fibre Plant Seed (Scotland) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, consolidate, with amendments, the provisions of the Oil and Fibre Plant Seeds Regulations 1993 (S.I. 1993/2007) as relevantly amended by the Oil and Fibre Plant Seeds (Amendment) Regulations 1994 (S.I. 1994/1423), the Oil and Fibre Plant Seeds (Amendment) Regulations 1996 (S.I. 1996/1451), the Seeds (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/616), the Oil and Fibre Plant Seeds (Amendment) Regulations 1999 (S.I. 1999/1862), the Oil and Fibre Plant Seeds (Amendment) (Scotland) Regulations 2000 (S.S.I. 2000/249), the Seeds (National Lists of Varieties) Regulations 2001 (S.I. 2001/3510) and the Oil and Fibre Plant Seeds (Amendment) (Scotland) Regulations 2003 (S.S.I. 2003/304), (“the 1993 Regulations”).

The 1993 Regulations implemented the provisions of Council Directive 69/208/EEC on the marketing of seed of oil and fibre plants (O.J. No. L 169, 10.7.69, p.3, OJ/SE 1969 (11), p.315). That Directive, as amended, was replaced by Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants (O.J. No. L 193, 20.7.02, p.74) as amended by Council Directive 2002/68/EC (O.J. No. L 195, 24.7.02, p.32), Commission Directive 2003/45/EC (O.J. No. L 138, 5.6.03, p.40) and Council Directive 2003/61/EC (O.J. No. L 165, 3.7.03, p.23). These Regulations implement the provisions of that Directive, subject to exemptions for caraway, cotton, hemp and opium poppy contained in Commission Decision 74/360/EEC (O.J. No. L 196, 19.7.74, p.18) and the exemption for safflower contained in Commission Decision 89/101/EEC (O.J. No. L 38, 10.2.89, p.37) and the withdrawal of the exemption for hemp contained in Commission Decision 2003/234/EC (O.J. No. L 86, 3.4.03, p.48).

The Regulations apply to the certification and marketing of seed of oil and fibre plants of the species specified in Schedule 1 to these Regulations (regulation 4 and Schedule 1). The Regulations introduce the power to require an additional sample of seed for the purposes of European tests and trials (regulation 22 and regulation 27(3)) from 26th September 2004. The rest of the Regulations apply to all hemp seed, varietal associations of seed and seed of hybrid varieties from 26th September 2004. The Regulations (other than regulation 22) also apply to all other oil and fibre seed from 26th September 2004 except seed harvested on or before that date, to which the Regulations will not apply until 1st July 2005 (regulation 27).

The Regulations include provisions which prohibit the marketing of seed of oil and fibre plants 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 mixture permitted by the Fodder Plant Seeds Regulations 1993 (S.I. 1993/2009, as amended by S.I. 1993/2529, 1996/1453, 1997/616, 1999/1864 and S.I. 2000/247) (regulation 7);

(c) where authorisation has been granted for scientific purposes or selection work or for the purpose of tests and trials (regulation 8);

(d) of certain varietal associations of seed (regulation 9); or

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

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

The Regulations make provisions for breeder’s confirmations for seed which is not yet accepted on to a UK National List or the Common Catalogue but which otherwise meets the requirements for Pre basic Seed or Basic Seed (regulations 3 and 19, 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 20) and the labelling of packages of such seed (regulations 17, 18 and 21 and Schedule 6).

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 23).

The Regulations introduce provisions about service of notices (regulation 24) and permit electronic communications to be used in certain circumstances (regulation 25).

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 26).

General licences made under the 1993 Regulations will be replaced by general licences made under these Regulations (regulation 27).

The Regulations introduce the power to require an additional sample of seed for the purposes of European tests and trials (regulation 22).

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 can be obtained from SEERAD, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.

No regulatory impact assessment has been prepared for these Regulations.