The Seed (Scotland) (Amendments for Conservation Varieties) Regulations 2009

Regulation 10

SCHEDULE 1 SCHEDULE 4A TO BE INSERTED IN THE CEREAL SEED (SCOTLAND) REGULATIONS 2005

Regulations 6, 9B and 14

“SCHEDULE 4A STANDARDS FOR CERTIFICATION OF CONSERVATION VARIETIES

PART I OFFICIAL CERTIFICATES

Applications for seed harvested in the United Kingdom

1.   On receipt of an application made in accordance with regulation 14(1) in respect of seed of a Conservation Variety for the issue of an official certificate in respect of that Conservation Variety, the Scottish Ministers shall, subject to paragraphs 2 and 3, issue in respect of such a seed lot an official certificate containing the particulars specified in Part II of this Schedule.

When applications will be refused

2.   The Scottish Ministers shall refuse to issue an official certificate in respect of a seed lot of a Conservation Variety unless–

(a) an application has been made to the Scottish Ministers, in writing in such form and manner and at such time as the Scottish Ministers may require, and has been accompanied by information, material, records, illustrations and other documents as they may require in respect of–

(i) the seed lot or seed lots to be used for the production of the crop or crops from which is to be, or has been, obtained the seed lot in respect of which the application for an official certificate has been made; and

(ii) the crop or crops from which the seed lot is to be, or has been, obtained;

(b) an examination of a sample of the seed lot has shown that the seed lot meets the standards appropriate to the relevant category of seed referred to in the application specified in paragraph 1 of Part IV of this Schedule.

When applications may be refused

3.   The Scottish Ministers may refuse to issue an official certificate in respect of a seed lot if it appears to them that–

(a) a sample taken from the seed lot for the purposes of an examination to ascertain whether the seed lot meets the appropriate standards in Part IV of this Schedule has not been taken in accordance with regulation 15(1A);

(b) an examination of a post control plot sown with a sample of the seed lot shows that the crop does not meet the appropriate standards specified in Part III of this Schedule;

(c) there has been any breach of seeds regulations in relation to the seed lots in respect of which the application for an official certificate has been made.

PART II PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE

The following particulars shall be specified in an official certificate:–

(a) name and address of certifying authority;

(b) applicant’s name, address and, if appropriate, registered number;

(c) seed lot reference number;

(d) species and variety;

(e) net weight of seed lot and number of containers;

(f) seed treatment, if any; and

(g) the region of origin/region of seed production (if applicable) of the Conservation Variety.

PART III CONDITIONS RELATING TO CROPS FROM WHICH SEED IS OBTAINED

Varietal identity and varietal purity

1.   The characteristics used for determination of varietal identity and varietal purity shall be those to which regard was had when the Conservation Variety was accepted on to the relevant UK National List, an equivalent list in another EEA State or the Common Catalogue.

Harmful organisms in the crop

2.   Harmful organisms which reduce the usefulness of the seed, in particular Ustilaginaceae, shall be at the lowest possible level.

Crop Standards for loose smut infection

3.   The maximum percentage by number of loose smut infection for barley, durum wheat, spelt wheat and wheat shall be 0.5%.

PART IV CONDITIONS RELATING TO SEED OF A CONSERVATION VARIETY

Standards of germination, analytical purity and content of seed of other plant species

1.   The seed shall conform to the minimum EC standard for the final generation of that species as listed in paragraph 16 of Part II of Schedule 4 as regards germination, analytical purity and the content of seeds of other plant species.

Harmful organisms in the seed

2.   Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

Standards for loose smut infection

3.   In any sample of seed of barley, durum wheat, spelt wheat or wheat, the maximum percentage by number of loose smut infection shall be 0.5%.

Moisture content

4.   The requirements of moisture content of the seed shall be as specified in paragraph 19 of Part II of Schedule 4.

Varietal purity

5.   The seed shall have sufficient varietal purity.

PART V EXAMINATIONS

All examinations used to ascertain whether crops or seed lots meet the standards specified in this Schedule shall be carried out in accordance with current international methods insofar as such methods exist.”.

Regulation 20

SCHEDULE 2 SCHEDULE 4A TO BE INSERTED IN THE OIL AND FIBRE PLANT SEED (SCOTLAND) REGULATIONS 2004

Regulations 6, 8B and 14

“SCHEDULE 4A STANDARDS FOR CERTIFICATION OF CONSERVATION VARIETIES

PART I OFFICIAL CERTIFICATES

Applications for seed harvested in the United Kingdom

1.   On receipt of an application made in accordance with regulation 14(1) in respect of seed of a Conservation Variety for the issue of an official certificate in respect of that Conservation Variety, the Scottish Ministers shall, subject to paragraphs 2 and 3, issue in respect of such a seed lot an official certificate containing the particulars specified in Part II of this Schedule.

When applications will be refused

2.   The Scottish Ministers shall refuse to issue an official certificate in respect of a seed lot of a Conservation Variety unless–

(a) an application has been made to the Scottish Ministers, in writing in such form and manner and at such time as the Scottish Ministers may required, and has been accompanied by information, material, records, illustrations and other documents as they may require, in respect of–

(i) the seed lot or seed lots to be used for the production of the crop or crops from which is to be or has been obtained the seed lot in respect of which the application for an official certificate has been made; and

(ii) the crop or crops from which the seed lot is to be, or has been, obtained;

(b) an examination of a sample of the seed lot has shown that the seed lot meets the standards appropriate to the relevant category of seed referred to in the application specified in paragraph 1 of Part IV of this Schedule.

When applications may be refused

3.   The Scottish Ministers may refuse to issue an official certificate in respect of a seed lot if it appears to them that–

(a) a sample taken from the seed lot for the purposes of an examination to ascertain whether the seed lot meets the appropriate standards in Part IV this Schedule has not been taken in accordance with regulation 15(1A);

(b) an examination of a post control plot sown with a sample of the seed lot shows that the crop does not meet the appropriate standards specified in Part III of this Schedule;

(c) there has been any breach of seeds regulations in relation to the seed lots in respect of which the application for an official certificate has been made.

PART II PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE

The following particulars shall be specified in an official certificate–

(a) name and address of certifying authority;

(b) applicant’s name, address and, if appropriate, registered number;

(c) seed lot reference number;

(d) species and variety;

(e) net weight of seed lot and number of containers;

(f) seed treatment, if any; and

(g) the region of origin/region of seed production (if applicable) of the Conservation Variety.

PART III CONDITIONS RELATING TO CROPS FROM WHICH SEED IS OBTAINED

Varietal identity and varietal purity

1.   The characteristics used for determination of varietal identity and varietal purity shall be those to which regard was had when the Conservation Variety was accepted on to the relevant UK National List, an equivalent list in another EEA State or the Common Catalogue.

Harmful organisms in the crop

2.   Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

PART IV CONDITIONS RELATING TO SEED OF A CONSERVATION VARIETY

Standards of germination, analytical purity and content of seed of other plant species

1.   The seed shall conform to the minimum EC standards for the final germination of that species as listed in paragraphs 13 and 14 of Part II of Schedule 4 as regards germination of pure seed, analytical purity and content of seed of other plant species.

Harmful organisms in the seed

2.   Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level and shall comply with the requirements in paragraph 15(b) and (c) of Part II of Schedule 4 (if appropriate).

Varietal purity

3.   The seed shall have sufficient varietal purity.

PART V EXAMINATIONS

All examinations used to ascertain whether crops or seed lots meet the standards specified in this Schedule shall be carried out in accordance with current international methods insofar as such methods exist.”.

Regulation 30

SCHEDULE 3 SCHEDULE 4A TO BE INSERTED IN THE FODDER PLANT SEED (SCOTLAND) REGULATIONS 2005

Regulations 6, 9B and 14

“SCHEDULE 4A STANDARDS FOR CERTIFICATION OF CONSERVATION VARIETIES

PART I OFFICIAL CERTIFICATES

Applications for seed harvested in the United Kingdom

1.   On receipt of an application made in accordance with regulation 14(1) in respect of seed of a Conservation Variety for the issue of an official certificate in respect of that Conservation Variety, the Scottish Ministers shall, subject to paragraphs 2 and 3, issue in respect of such a seed lot an official certificate containing the particulars specified in Part II of this Schedule.

When applications will be refused

2.   The Scottish Ministers shall refuse to issue an official certificate in respect of a seed lot of a Conservation Variety unless–

(a) an application has been made to the Scottish Ministers, in writing in such form and manner and at such time as the Scottish Ministers may require, and has been accompanied by such information, material, records, illustrations and other documents as they may require, in respect of–

(i) the seed lot or seed lots to be used for the production of the crop or crops from which is to be or has been obtained the seed lot in respect of which the application for an official certificate has been made; and

(ii) the crop or crops from which the seed lot is to be or has been obtained;

(b) an examination of a sample of the seed lot has shown that the seed lot meets the standards appropriate to the relevant category of seed referred to in the application specified in paragraph 1 of Part IV of this Schedule.

When applications may be refused

3.   The Scottish Ministers may refuse to issue an official certificate in respect of a seed lot if it appears to them that–

(a) a sample taken from the seed lot for the purposes of an examination to ascertain whether the seed lot meets the appropriate standards in Part IV of this Schedule has not been taken in accordance with regulation 15(1A);

(b) an examination of a post control plot sown with a sample of the seed lot shows that the crop does not meet the appropriate standards specified in Part III of this Schedule;

(c) there has been any breach of seeds regulations in relation to the seed lots in respect of which the application for an official certificate has been made.

PART II PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE

The following particulars shall be specified in an official certificate–

(a) name and address of certifying authority;

(b) applicant’s name, address and, if appropriate, registered number;

(c) seed lot reference number;

(d) species and variety;

(e) net weight of seed lot and number of containers;

(f) seed treatment, if any; and

(g) the region of origin/region of seed production (if applicable) of the Conservation Variety.

PART III CONDITIONS RELATING TO CROPS FROM WHICH SEED IS OBTAINED

Varietal identity and varietal purity

1.   The characteristics used for the determination of varietal identity and varietal purity shall be those to which regard was had when the Conservation Variety was accepted on to the relevant UK National List, an equivalent list in another EEA state or the Common Catalogue.

Harmful organisms in the crop

2.   Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

PART IV CONDITIONS RELATING TO SEED OF A CONSERVATION VARIETY

Standards of germination, analytical purity and content of seed of other plant species

1.   The seed shall conform to the minimum EC standard for the final germination of that species as listed in paragraphs 13 and 14 of Part II of Schedule 4 as regards germination, analytical purity and the content of seeds of other plant species.

Harmful organisms in the seed

2.   Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

Varietal purity

3.   The seed shall have sufficient varietal purity.

PART V EXAMINATIONS

All examinations used to ascertain whether crops or seed lots meet the standards specified in this Schedule shall be carried out in accordance with current international methods insofar as such methods exist.”.