The Fodder Plant Seed (Scotland) Regulations 2005

PART I S GENERAL

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Fodder Plant Seed (Scotland) Regulations 2005 and shall come into force on 1st July 2005.

(2) These Regulations extend to Scotland only.

Commencement Information

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

Interpretation S

2.—(1) In these Regulations–

“the Act” means the Plant Varieties and Seeds Act 1964;

“AFP number” means official application for protection number issued by the Plant Variety Rights Office;

“Annex V(C) document” means a document of the type specified in the second indented sub-paragraph of the first paragraph of Article 15(2) (packing and labelling of not yet finally certified seed harvested in another EEA State or third country) of the Fodder Plant Seed Directive containing the particulars specified in Part C (document to be provided in the case of not yet finally certified seed harvested in another EEA State or third country) of Annex V of that Directive issued by the relevant competent seed certification authority;

“blended seed lot” means a seed lot obtained by mixing seed where–

(a)

the seed that goes into the seed lot–

(i)

is of the same variety;

(ii)

has come from different sources; and

(iii)

either–

(aa)

is fully certified seed;

(bb)

is not fully certified seed, but is seed which has been harvested from seed crops for which official field inspection reports have been issued showing that the relevant crops met the conditions for the relevant category of seed specified in Part I of Schedule 4 or Annex I (crop conditions) of the Fodder Plant Seed Directive; or

(cc)

is made up of seed which falls within sub-paragraph (aa) and seed which falls within sub-paragraph (bb); and

(b)

a National Authority has been notified that the seed which goes into the seed lot is intended to be included in a blended seed lot;

“breeder”–

(a)

in relation to a variety which has not been accepted on to a UK National List or the Common Catalogue, includes any person lawfully multiplying (on their own account) seed bred by another; and

(b)

in relation to a variety which has been so accepted, means the person who is indicated in the relevant UK National List or in the Common Catalogue as responsible for maintaining the plant variety in accordance with the characteristics to which regard was had when the plant variety was accepted on to the relevant UK National List or Common Catalogue;

“breeder’s confirmation” means a document issued by the Scottish Ministers in accordance with Part II of Schedule 2 containing in respect of the seed to which it relates the particulars specified in paragraph 2 of Schedule 3;

“breeder’s designation” means the title, name or other designation proposed by a breeder for a new plant variety which is the subject of an application for acceptance on to a UK National List;

“bulked seed lot” means a seed lot obtained by mixing seed where–

(a)

the seed that goes into the seed lot is–

(i)

of the same variety;

(ii)

has come from different sources; and

(iii)

has been harvested from seed crops for which official field inspection reports have been issued showing that the relevant crops met the conditions for the relevant category of seed specified in Part I of Schedule 4 or Annex I (crop conditions) of the Fodder Plant Seed Directive; and

(b)

a National Authority has been notified that the seed which goes into the seed lot is intended to be included in a bulked seed lot;

[F1 “collection site” means a part of the source area, where the seed has been collected;]

[F2 “the 2004 Commission Decision” means Commission Decision 2004/842/EC concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted;]

[F3 “Commission Directive 2008/62” means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local land regional conditions and threatened by genetic erosion and for marketing of seed of those landraces and varieties;]

[F4 “Commission Directive 2010/60” means Commission Directive 2010/60/EU providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment;]

[F2 “Commission Regulation 217/2006” means Commission Regulation (EC) No. 217/2006 laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination;]

“Common Catalogue” means the Common Catalogue of varieties of species of agricultural plants published in the Official Journal of the [F5 European Union];

“the Common Catalogue Directive” means Council Directive 2002/53/EC(1) on the common catalogue of varieties of agricultural plant species as amended by the Food and Feed Regulation;

“component” means a component of a hybrid variety;

[F3 “Conservation variety” means the landraces or varieties of agricultural plant species which are naturally adapted to local and regional conditions and threatened by genetic erosion and are contained within a UK National List and for these purposes–

(a)

“landrace” means a set of populations or clones of a plant species which are naturally adapted to the environment conditions of their regions; and

(b)

“genetic erosion” means loss of genetic diversity between and within populations of varieties of the same species over time or reduction of the genetic basis of a species due to human intervention or environmental change;]

“constituent” means seed of a single species and, where appropriate, variety, which forms part of a mixture of seeds;

[F6 “control plot” means a plot sown by a European Authority with a seed from a submitted sample taken–

(a)

by a European Authority;

(b)

by a licensed seed sampler; or

(c)

by an applicant of a seed of a Conservation Variety;]

[F7 “crop-grown preservation mixture” means a preservation mixture produced in accordance with the following process—

(a)

seed of individual species is taken at the collection site;

(b)

the seed in paragraph (a) is multiplied outside the collection site as single species; and

(c)

the seeds of those species are then mixed to create a mixture composed of those genera, species and, where relevant, subspecies which are typical for the habitat type of the collection site;]

F8 ...

“the 2001 Deliberate Release Directive” means Directive 2001/18/EC of the European Parliament and of the Council(2) on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC, as amended by Commission Decision 2002/623(3), the Food and Feed Regulation and Regulation (EC) No. 1830/2003 of the European Parliament and of the Council(4);

[F9 “directly harvested preservation mixture” means a preservation mixture marketed as collected at the collection site, with or without cleaning;]

“Department of Agriculture and Rural Development” means the Department of Agriculture and Rural Development in Northern Ireland;

“early movement seed” means seed marketed under regulation 12;

“EEA State” means a Member State, Norway, Iceland or Liechtenstein;

“Equivalence Decision” means Council Decision 2003/17/EC(5) on the equivalence of field inspections carried out in third countries on seed producing crops and on the equivalence of seed produced in third countries, as amended by Council Decision 2003/403/EC(6) and Council Regulation (EC) No 885/2004(7);

“European Authority” means a National Authority or a competent seed certification authority of an EEA State other than the United Kingdom and “by a European Authority” means–

(a)

by or on behalf of the Department of Agriculture and Rural Development;

(b)

by or on behalf of the National Assembly for Wales;

(c)

by the Scottish Ministers;

(d)

by or on behalf of the Secretary of State; or

(e)

by a competent seed certification authority of an EEA State other than the United Kingdom;

“Excepted Seed Marketed in Bulk” means seed of field peas or field beans which are Certified Seed of the First Generation or Certified Seed of the Second Generation–

(a)

which is marketed in bulk direct to the final consumer in a container that is closed after filling; and

(b)

in respect of which a random sample has been taken in accordance with paragraph 12 of Schedule 5, by a person authorised in that behalf;

“first buyer by way of trade” has the same meaning as for the purposes of the Fodder Plant Seed Directive;

“the Fodder Plant Seed Directive” has the same meaning as it has in Schedule 9;

“the Food and Feed Regulation” means Regulation (EC) No 1829/2003 of the European Parliament and of the Council(8) on genetically modified food and feed;

“fully certified” means–

(a)

officially certified; or

(b)

certified by a European Authority other than the Scottish Ministers,

as satisfying the conditions specified for the relevant category of seed in regulation 3 and either in Schedule 4 or in Annexes I (crop conditions) and II (seed conditions) of the Fodder Plant Seed Directive;

“genetically modified” has the same meaning as for the purposes of the 2001 Deliberate Release Directive;

“Higher Voluntary Standard” means the standards which–

(a)

are higher than the minimum standards prescribed for Certified Seed; and

(b)

are specified in Part II of Schedule 4, being the standards and the level in respect of which an official certificate has been issued in accordance with Schedule 2,

and the abbreviation “HVS” shall be construed accordingly;

“HVS species of seed” means a species of fodder plant seed designated in Schedule 1 to which Higher Voluntary Standards may be applied;

“homogeneous seed lot” means a seed lot in which the seed has been so mixed or blended that it is as uniform as practicable and, as far as is practicable, the seed lot shows no evidence of heterogeneity;

“licensed crop inspector” means a person who holds a current licence to be a crop inspector granted by–

(a)

the Scottish Ministers under [F10 regulation 11(1) (licences) of the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006]; or

(b)

a National Authority other than the Scottish Ministers under provisions equivalent to that regulation;

“licensed EC crop inspector” means a person authorised by a competent seed certification authority in an EEA State other than the United Kingdom, pursuant to Article 2(3)(i)(c) (licensed crop inspectors) of the Fodder Plant Seed Directive, to carry out field inspections of crops in that EEA State;

“licensed seed sampler” means a person who holds a current licence to be a seed sampler granted by–

(a)

the Scottish Ministers under [F11 regulation 18(1) (licences) of the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006]; or

(b)

a National Authority other than the Scottish Ministers under provisions equivalent to that regulation;

“licensed seed testing station” means an establishment which holds a current licence for testing of seed granted by–

(a)

the Scottish Ministers under [F12 regulation 25(1) (licences) of the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006]; or

(b)

a National Authority other than the Scottish Ministers under provisions equivalent to that regulation;

“lower germination seed” means seed marketed under regulation 11;

“mixture of seeds” means a mixture of seeds to which regulation 8 applies;

“National Authority” means the Department of Agriculture and Rural Development, the National Assembly for Wales, the Scottish Ministers or the Secretary of State;

[F13 “official certificate” means a certificate issued by the Scottish Ministers in accordance with these Regulations and “officially certified” shall be construed accordingly;]

“official control” means under the supervision of, and in accordance with any conditions set by, a European Authority;

“official examination” means–

(a)

in relation to Seed of a Certified Generation or Commercial Seed–

(i)

an examination or a test carried out by the Scottish Ministers;

(ii)

if the seed has undergone official post-control the results of which have been satisfactory, a field examination carried out by a licensed crop inspector; or

(iii)

a test carried out by a licensed seed testing station; and

(b)

in relation to Pre-basic Seed and Basic Seed–

(i)

an examination or a test carried out by the Scottish Ministers; or

(ii)

a test carried out by a licensed seed testing station;

“official field inspection” means a field examination of a crop carried out–

(a)

by a European Authority; or

(b)

in the case of seed which, if it were fully certified would be Seed of a Certified Generation, and which has been harvested from a crop which has been produced from seed that has undergone official post control the results of which have been satisfactory, by a licensed crop inspector or a licensed EC crop inspector;

“official label” means a label issued by a European Authority;

“official post-control” means a control plot has been sown with seed from the relevant seed lot and has produced plants which have been examined by the relevant European Authority; and “official post-control the results of which have been satisfactory” means official post-control has been carried out for the relevant seed lot and the relevant European Authority has found, having regard to–

(a)

the conditions specified in–

(i)

in the case of the Scottish Ministers–

(aa)

paragraphs 4, 9 and 10 of Part I of Schedule 4; and

(bb)

paragraphs 11 and 12 of Part II of Schedule 4; and

(ii)

in the case of a European Authority other than the Scottish Ministers–

(aa)

Annex I (crop conditions) of the Fodder Plant Seed Directive; and

(bb)

Annex II (seed conditions) of the Fodder Plant Seed Directive; and

(b)

the category of the seed to be produced,

that the plants produced in the control plot indicate that the corresponding plants in the field are satisfactory plants from which to harvest the relevant category of seed;

“official sticker” means a sticker issued by a European Authority and attached to an official label;

[F14 “preservation mixture” means a mixture (other than a mixture covered by regulation 8) of fodder plant seed of any of the species specified in Schedule 1 (and which may also contain other constituents), which the Scottish Ministers are satisfied will, when used—

(a)

assist in the conservation of genetic resource; and

(b)

reduce the loss of genetic diversity or natural habitat;]

“registered number” means the number issued to a person registered by the Scottish Ministers under [F15 regulation 5(1) (registrations) of the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006] or by another National Authority under any equivalent provision extending to any other part of the United Kingdom;

“Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;

“seed lot” means an identifiable consignment of seed of a weight not exceeding–

(a)

in the case of a mixture of seed, that specified in paragraph 25 of Part II of Schedule 5; or

(b)

in any other case, that specified in column 2 of the table in paragraph 26 of Part II of Schedule 5 for the species specified in column 1 of that table by more than 5%, including a blended seed lot or a bulked seed lot; and

which bears a unique seed lot reference number;

“small EC A package” means a package of seed containing a net weight of not more than 2 kilograms of a mixture of seeds not intended for agricultural use;

“small EC B package” means a package of seed containing a net weight of not more than 10 kilograms of Basic Seed, Certified Seed or Commercial Seed or, where the package is not a small EC A package, a mixture of seeds;

[F16 “source area” has the same meaning as it has in Commission Directive 2010/60;]

“submitted sample” means a sample of at least the minimum weight of a sample specified in paragraph 26 of Part II of Schedule 5, or in the case of a sample to be submitted to a licensed seed testing station, double the minimum weight of a sample specified in paragraph 26 of Part II of Schedule 5, taken from a seed lot in accordance with the provisions of Part I of Schedule 5;

[F17 “test and trial seed” means seed which is the subject of an authorisation of a type described in regulation 9A(1);]

[F17 “tests and trials authorisation” means an authorisation granted by the Scottish Ministers under regulation 9A(4);]

“third country” means a country listed in Annex I (countries, authorities and species) to the Equivalence Decision or Switzerland;

“UK National List ” means a list of varieties of species of fodder plants for the time being published in accordance with the Seeds (National Lists of Varieties) Regulations 2001(9); and

“volunteers” means plants of a species and variety that have grown from seed that was not deliberately sown as part of the crop.

(2) In these Regulations–

“Alaska brome-grass” means plants of the species specified in column 2 of Schedule 1 in relation to Alaska brome-grass;

“Alsike clover” means plants of the species specified in column 2 of Schedule 1 in relation to Alsike clover;

“annual meadowgrass” means plants of the species specified in column 2 of Schedule 1 in relation to annual meadowgrass;

“birdsfoot trefoil” means plants of the species specified in column 2 of Schedule 1 in relation to birdsfoot trefoil;

“brown top” means plants of the species specified in column 2 of Schedule 1 in relation to brown top;

“cocksfoot” means plants of the species specified in column 2 of Schedule 1 in relation to cocksfoot;

“common vetch” means plants of the species specified in column 2 of Schedule 1 in relation to common vetch;

“creeping bent” means plants of the species specified in column 2 of Schedule 1 in relation to creeping bent;

“festulolium” means plants of the species specified in column 2 of Schedule 1 in relation to festulolium;

“field bean” means plants of the species specified in column 2 of Schedule 1 in relation to field bean;

“field pea” means plants of the species specified in column 2 of Schedule 1 in relation to field pea;

“fodder kale” means plants of the species specified in column 2 of Schedule 1 in relation to fodder kale;

“fodder radish” means plants of the species specified in column 2 of Schedule 1 in relation to fodder radish;

“hairy vetch” means plants of the species specified in column 2 of Schedule 1 in relation to hairy vetch;

“Hungarian vetch” means plants of the species specified in column 2 of Schedule 1 in relation to Hungarian vetch;

“hybrid ryegrass” means plants of the species specified in column 2 of Schedule 1 in relation to hybrid ryegrass;

“Italian ryegrass (including Westerwolds ryegrass)” means plants of the species specified in column 2 of Schedule 1 in relation to Italian ryegrass (including Westerwolds ryegrass);

“lucerne” means plants of the species specified in column 2 of Schedule 1 in relation to lucerne;

“lupins” means blue, white and yellow lupins;

“meadow fescue” means plants of the species specified in column 2 of Schedule 1 in relation to meadow fescue;

“narrow-leaved lupin (blue lupin)” means plants of the species specified in column 2 of Schedule 1 in relation to narrow-leaved lupin (blue lupin);

“perennial ryegrass” means plants of the species specified in column 2 of Schedule 1 in relation to perennial ryegrass;

“red clover” means plants of the species specified in column 2 of Schedule 1 in relation to red clover;

“red fescue (including chewings fescue)” means plants of the species specified in column 2 of Schedule 1 in relation to red fescue (including chewings fescue);

“red top” means plants of the species specified in column 2 of Schedule 1 in relation to red top;

“rescue grass” means plants of the species specified in column 2 of Schedule 1 in relation to rescue grass;

“rough stalked meadowgrass” means plants of the species specified in column 2 of Schedule 1 in relation to rough stalked meadowgrass;

“sainfoin” means plants of the species specified in column 2 of Schedule 1 in relation to sainfoin;

“sheep’s fescue (including fine-leaves fescue and hard fescue)” means plants of the species specified in column 2 of Schedule 1 in relation to sheep’s fescue (including fine-leaves fescue and hard fescue);

“small Timothy” means plants of the species specified in column 2 of Schedule 1 in relation to small Timothy;

“smooth-stalked meadowgrass” means plants of the species specified in column 2 of Schedule 1 in relation to smooth-stalked meadowgrass;

“swede” means plants of the species specified in column 2 of Schedule 1 in relation to swede;

“tall fescue” means plants of the species specified in column 2 of Schedule 1 in relation to tall fescue;

“tall oatgrass” means plants of the species specified in column 2 of Schedule 1 in relation to tall oatgrass;

“Timothy” means plants of the species specified in column 2 of Schedule 1 in relation to Timothy;

“trefoil, black medick” means plants of the species specified in column 2 of Schedule 1 in relation to trefoil, black medick;

“velvet bent” means plants of the species specified in column 2 of Schedule 1 in relation to velvet bent;

“vetches” means common, hairy and Hungarian vetches;

“white clover” means plants of the species specified in column 2 of Schedule 1 in relation to white clover;

“white lupin” means plants of the species specified in column 2 of Schedule 1 in relation to white lupin;

“wood meadowgrass” means plants of the species specified in column 2 of Schedule 1 in relation to wood meadowgrass; and

“yellow lupin” means plants of the species specified in column 2 of Schedule 1 in relation to yellow lupin.

(3) In these Regulations–

(a) any reference to a numbered regulation, to a numbered Part or to a numbered Schedule is a reference to the regulation, Part or Schedule in these Regulations so numbered; and

(b) any reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference occurs.

Textual Amendments

F1 Words in reg. 2(1) inserted (10.2.2012) by The Fodder Plant Seed (Scotland) Amendment Regulations 2012 (S.S.I. 2012/5), regs. 1, 3(a)

F2 Words in reg. 2(1) inserted (1.4.2007) by The Seed (Scotland) (Amendments for Tests and Trials etc.) Regulations 2007 (S.S.I. 2007/224), regs. 1, 13(a)

F3 Words in reg. 2(1) inserted (30.6.2009) by The Seed (Scotland) (Amendments for Conservation Varieties) Regulations 2009 (S.S.I. 2009/223), regs. 1, 23(a)

F4 Words in reg. 2(1) inserted (10.2.2012) by The Fodder Plant Seed (Scotland) Amendment Regulations 2012 (S.S.I. 2012/5), regs. 1, 3(b)

F5 Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 4, 6 (with art. 3(3))

F6 Words in reg. 2(1) substituted (30.6.2009) by The Seed (Scotland) (Amendments for Conservation Varieties) Regulations 2009 (S.S.I. 2009/223), regs. 1, 23(b)

F7 Words in reg. 2(1) inserted (10.2.2012) by The Fodder Plant Seed (Scotland) Amendment Regulations 2012 (S.S.I. 2012/5), regs. 1, 3(c)

F8 Words in reg. 2(1) omitted (1.4.2007) by virtue of The Seed (Scotland) (Amendments for Tests and Trials etc.) Regulations 2007 (S.S.I. 2007/224), regs. 1, 13(b)

F9 Words in reg. 2(1) inserted (10.2.2012) by The Fodder Plant Seed (Scotland) Amendment Regulations 2012 (S.S.I. 2012/5), regs. 1, 3(d)

F10 Words in reg. 2 substituted (1.7.2006) by The Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006 (S.S.I. 2006/313), regs. 1(1), 43(2)(a) (with reg. 45(2)-(7))

F11 Words in reg. 2 substituted (1.7.2006) by The Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006 (S.S.I. 2006/313), regs. 1(1), 43(2)(b)(ii) (with reg. 45(2)-(7))

F12 Words in reg. 2 substituted (1.7.2006) by The Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006 (S.S.I. 2006/313), regs. 1(1), 43(2)(c) (with reg. 45(2)-(7))

F13 Words in reg. 2(1) substituted (30.6.2009) by The Seed (Scotland) (Amendments for Conservation Varieties) Regulations 2009 (S.S.I. 2009/223), regs. 1, 23(c)

F14 Words in reg. 2(1) inserted (10.2.2012) by The Fodder Plant Seed (Scotland) Amendment Regulations 2012 (S.S.I. 2012/5), regs. 1, 3(e)

F15 Words in reg. 2 substituted (1.7.2006) by The Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006 (S.S.I. 2006/313), regs. 1(1), 43(2)(d) (with reg. 45(2)-(7))

F16 Words in reg. 2(1) inserted (10.2.2012) by The Fodder Plant Seed (Scotland) Amendment Regulations 2012 (S.S.I. 2012/5), regs. 1, 3(f)

F17 Words in reg. 2(1) inserted (1.4.2007) by The Seed (Scotland) (Amendments for Tests and Trials etc.) Regulations 2007 (S.S.I. 2007/224), regs. 1, 13(c)

Commencement Information

I2 Reg. 2 in force at 1.7.2005, see reg. 1(1)

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)

certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Basic Seed specified in Annexes I (crop conditions) and II (seed conditions) of the Fodder Plant Seed Directive;

“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)

certified by a European 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 specified in Annexes I (crop conditions) and II (seed conditions) of the Fodder Plant Seed Directive;

“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 [F18 paragraphs (a) and (b)] and the requirements for Basic Seed specified in Schedule 4; or

(ii)

certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in [F18 paragraphs (a) and (b)] and the requirements for Basic Seed specified in Annexes I (crop conditions) and II (seed conditions) of the Fodder Plant Seed Directive;

“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)

certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in paragraphs (a) and (b) and the requirements for Certified Seed specified in Annexes I (crop conditions) and II (seed conditions) of the Fodder Plant Seed Directive;

“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)

certified by a European 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 specified in Annexes I (crop conditions) and II (seed conditions) of the Fodder Plant Seed Directive;

“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)

certified by a European 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 specified in Annexes I (crop conditions) and II (seed conditions) of the Fodder Plant Seed Directive;

“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)

certified by a European Authority other than the Scottish Ministers as satisfying the requirements for Commercial Seed specified in Annexes I (crop conditions) and II (seed conditions) of the Fodder Plant Seed Directive;

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

Textual Amendments

F18 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

Commencement Information

I3 Reg. 3 in force at 1.7.2005, see reg. 1(1)

Definition of marketing S

4.—(1) In these Regulations “marketing” means–

(a) selling, holding with a view to sale and offering for sale; and

(b) any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,

whether or not for consideration, and “market” and “marketed” shall be construed accordingly.

(2) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations–

(a) the supply of seed to official testing and inspection bodies; or

(b) the supply of seed to any person for the purposes of processing or packaging the seed provided that person does not acquire title to the seed supplied,

shall not be treated as marketing of seed of that variety.

Commencement Information

I4 Reg. 4 in force at 1.7.2005, see reg. 1(1)

Seed to which the Regulations apply S

5.—(1) Subject to paragraph (2), these Regulations apply to fodder plant seed of the species specified in Schedule 1, being seed intended to be used only for the production of agricultural or horticultural crops other than for ornamental purposes.

(2) These Regulations shall not apply to seed which is shown to be intended for export to a country which is not an EEA State.

Commencement Information

I5 Reg. 5 in force at 1.7.2005, see reg. 1(1)

(1)

O.J. No. L 193, 20.7.02, p.1.

(2)

O.J. No. L 106, 17.4.01, p.1.

(3)

O.J. No. L 200, 30.7.02, p.22.

(4)

O.J. No. L 268, 18.10.03, p.24.

(5)

O.J. No. L 8, 14.1.03, p.10.

(6)

O.J. No. L 141, 7.6.03, p.23.

(7)

O.J. No. L 168, 1.5.04, p.1.

(8)

O.J. No. L 268, 18.10.03, p.1.

(9)

S.I. 2001/3510.