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The Beet Seed (Scotland) (No. 2) Regulations 2010

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PART IISMARKETING

Definition of marketingS

5.—(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.

Marketing of seedS

6.—(1) Subject to the provisions of this Part, no person shall market any seed unless—

(a)it is marketed in seed lots or in parts of seed lots; and

(b)it is—

(i)seed of a plant variety of a species accepted on to a [F1GB Variety List or an NI Variety List] and which is fully certified; or

(ii)Breeder's Seed.

(2) Paragraph (1) shall not apply to the marketing of seed as grown if—

(a)the seed is marketed for processing;

(b)the identity of the seed is ensured; and

(c)the seed—

(i)has been harvested from a crop which has been found by an official field inspection to satisfy the conditions specified in Part I of Schedule 4 F2... for the relevant category of seed; or

(ii)is seed that is of a Conservation Variety that has been harvested from a crop which has been found to satisfy the conditions specified in paragraph 2 of Part I of Schedule 4.

(3) Notwithstanding paragraph (1), no person shall market seed of a genetically modified variety unless it is clearly indicated, in the sales catalogue of the person marketing the seed and in any other marketing information or marketing representations provided by that person, as having been genetically modified.

(4) Where seeds are sampled for the official examination referred to in Schedule 2 or any other examination or test carried out by [F3an International] Authority other than the Scottish Ministers in an untreated state and are subsequently subjected to chemical treatment, the seller shall, upon or before delivering the seeds to the purchaser, provide him with a statement in writing that the seeds have been subsequently subjected to chemical treatment and specifying the chemical nature of such treatment.

(5) Any person marketing seed which has been imported from [F4outside the United Kingdom] and which exceeds 2 kilograms of seed shall supply the Scottish Ministers in such manner and at such time as the Scottish Ministers may require the information in respect of the seeds specified in Part V of Schedule 6.

(6) Paragraph (1) shall not prevent the marketing of seeds of a variety intended for use solely as a component of a final variety where F5... the component is not included on [F6a GB Variety List or an NI Variety List] and the seeds are not marketed under the names of the component.

Textual Amendments

[F7Importation from [F8a country granted equivalence] S

6A.  Seed imported from [F9a country granted equivalence] must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.]

General exemptionsS

7.[F10(1) The Scottish Ministers may, by a general licence, authorise—

(a)a temporary experiment seeking improved alternatives to provisions of these Regulations and organised in accordance with regulations made under section 16(5) of the Act; or

(b)exemption from any provisions of these Regulations to the extent that the provisions of the general licence are—

(i)necessary in order to overcome any temporary difficulties in the supply of basic or certified seed—

(aa)by permitting the marketing of seed of a category subject to less stringent requirements, or of seed of a variety not included in a GB Variety List or an NI Variety List;

(bb)for a specified period; and

(cc)in quantities necessary to resolve the supply difficulties; or

(ii)permitted by Commission Regulation 217/2006 or an authorisation granted thereunder.

(1A) The duration of a temporary experiment referred to in paragraph (1)(a) must not exceed 7 years.

(1B) When seed is marketed in accordance with paragraph (1)(b)(i), the following labelling requirements apply—

(a)for a category of seed of any given variety, the official label must be that provided for the corresponding category;

(b)for seed of varieties not included in a GB Variety List or an NI Variety List the colour of the official label must be brown;

(c)the label must always state that the seed in question is of a category satisfying less stringent requirements.]

(2) A general licence issued under paragraph (1)—

(a)may exempt any person or class of persons, or persons generally, from compliance with any provision of these Regulations; and

(b)may impose such conditions as the Scottish Ministers may think necessary or desirable having regard to the marketing permitted by the general licence and the nature of the seed to which it relates.

Exception for scientific purposes or selection workS

8.—(1) Regulation 6(1) shall not apply to the marketing by a producer of small quantities of seed for scientific purposes or selection work for which—

(a)an authorisation has been granted to the producer by the Scottish Ministers in accordance with this regulation; or

[F11(b) an authorisation has been granted to the producer, in respect of small quantities of seed for scientific purposes or selection work in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

(i)a GB Authority other than the Scottish Ministers; or

(ii)the NI Authority.]

(2) A producer established in Scotland may apply to the Scottish Ministers for authorisation under this regulation.

(3) An application under paragraph (2) shall be made in writing to the Scottish Ministers and shall be accompanied by such information as the Scottish Ministers may require.

[F12(4) The Scottish Ministers may only grant an authorisation under this regulation in respect of a genetically modified variety if the marketing and release of the genetically modified material by the applicant has been authorised—

(a)before the day on which IP completion day falls, under Part C of the 2001 Deliberate Release Directive,

(b)under the Food and Feed Regulation, or

(c)under the GMO Regulations.]

Exception for test and trial seedS

9.[F13(1) Regulation 6(1) does not apply to the marketing by a producer of seed for test and trial purposes in accordance with—

(a)a tests and trials authorisation; or

(b)an authorisation which has been granted to the producer, in accordance with the applicable requirements in the relevant part of the United Kingdom, by—

(i)a GB Authority other than the Scottish Ministers; or

(ii)the NI Authority.]

(2) A producer established in Scotland may apply to the Scottish Ministers for authority to market seed for the purposes of tests or trials to be carried out at an agricultural enterprise to gather information on the cultivation or use of a variety of a species specified in Part I of Schedule 1.

(3) An application under paragraph (2) shall be made in writing to the Scottish Ministers and shall be accompanied by such information as the Scottish Ministers may require.

(4) The Scottish Ministers shall not grant a tests and trials authorisation unless they are satisfied that—

[F14(a)the seed is of a variety for which an application has been made by the applicant, which has not been withdrawn or finally determined, under—

(i)regulation 4(1)(a) (applications in relation to National Lists) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a GB Variety List; or

(ii)the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to an NI Variety List;]

[F15(b)in the case of seed of a genetically modified variety, the marketing and release of the genetically modified material by the applicant has been authorised—

(i)before the day on which IP Completion day falls, under Part C of the 2001 Deliberate Release Directive;

(ii)under the Food and Feed Regulation; or

(iii)under the GMO Regulations;]

(c)the marketing is for the purposes of tests or trials to be carried out at an agricultural enterprise to gather information on the cultivation or use of a variety of a species specified in Part I of Schedule 1;

(d)an official field inspection has been carried out by the Scottish Ministers or by a licensed crop inspector and a report issued stating that the crop satisfies the conditions for Certified Seed set out in Part I of Schedule 4;

(e)an official examination of the seed has been undertaken and a report issued by the Scottish Ministers or by a licensed seed testing station stating that the seed satisfies the conditions for Certified Seed set out in Part II of Schedule 4; and

(f)such marketing would not contravene a prohibition on the use of the variety that complies with Article 14 (safeguards) of the 2004 Commission Decision and has been published by the Secretary of State in the gazette published under section 34(1) (the gazette) of the Act.

(5) A tests and trials authorisation shall last for a period of one year or such shorter period as the Scottish Ministers may specify.

(6) The Scottish Ministers shall not authorise marketing of an amount of seed in excess of [F16the greater of 0.1% of the annual number of seeds used in the United Kingdom and such quantity as the Scottish Ministers consider is sufficient to sow 10 hectares].

(7) A tests and trials authorisation may be made subject to such conditions as the Scottish Ministers think necessary or desirable having regard to the nature of the tests or trials and the nature of the seed to which the authorisation relates.

(8) The Scottish Ministers may withdraw a tests and trials authorisation where they are satisfied that there has been a breach of a condition imposed under paragraph (7).

(9) A tests and trials authorisation shall cease to have effect where the application referred to in paragraph (4)(a) is withdrawn or rejected or the variety is entered in a [F17GB Variety List or an NI Variety List.]

(10) The Scottish Ministers may require, as a condition of a tests and trials authorisation, that the producer to whom authorisation was granted provide them, on request, with information about—

(a)the results of the tests and trials to which the authorisation relates; and

(b)the quantities of seed marketed during the authorised period and the [F18location of the trials within the United Kingdom.]

Textual Amendments

Exception for Conservation VarietiesS

10.—(1) Regulation 6(1) shall not apply to the marketing of seed of a Conservation Variety in its region of origin, provided that the requirements of this regulation are met.

(2) The seed must descend from seed produced according to well defined practices for maintenance of the variety.

(3) The seed must be harvested from a crop that—

(a)has been produced in the region of origin for the variety or additional region; and

(b)satisfies the conditions laid down in paragraph 2 of Schedule 4.

(4) The Scottish Ministers may ascertain, so far as practicable, whether the requirements for the crop set out in paragraph 2 of Schedule 4 are met by the use of methods which may include an official post control and the consideration of any other relevant information, without requiring an official field inspection of the crop.

(5) The seed must satisfy the conditions laid down in paragraph 8 of Schedule 4.

(6) A person proposing to produce seed of a Conservation Variety must supply the Scottish Ministers, in such manner and form as the Scottish Ministers may require, with the following details in writing—

(a)the size (in hectares); and

(b)the location,

of the area to be used to produce that seed.

(7) For the purposes of Article 14 (quantitative restrictions) of Commission Directive 2008/62, the Scottish Ministers may specify the maximum amount of seed of a Conservation Variety which may be marketed in any given growing season and may specify different maxima for different persons or classes of person.

[F19(7A) For the purposes of paragraph (7), Article 14 of Commission Directive 2008/62 is to be read as if—

(a)in the first paragraph—

(i)“Each Member State shall ensure that,” was omitted,

(ii)for “does not exceed”, there were substituted “ may not exceed ”,

(iii)for “that Member State”, there were substituted “Great Britain”,

(b)in the second paragraph—

(i)for “each Member State”, there were substituted “Great Britain”,

(ii)for “the Member State” in both places where it occurs, there were substituted “Great Britain”.]

(8) Where a person proposing to produce seed of a Conservation Variety has supplied the Scottish Ministers with details under paragraph (6), the Scottish Ministers may in writing authorise the person to market seed of a Conservation Variety not exceeding the amount specified in the authorisation and shall give notice of that authorisation to the person.

(9) No person shall market more than the maximum amount of seed of a Conservation Variety specified in an authorisation given to that person under paragraph (8).

(10) Any person marketing seed of a Conservation Variety must supply the Scottish Ministers, on request, with details in writing of the amount and variety of the seed placed on the market during each growing season.

Marketing of officially certified lower germination seedS

11.—(1) Notwithstanding regulation 6(1) and the requirement in Schedule 1 that Pre-Basic Seed and Basic Seed shall attain the minimum standards of germination specified for Basic Seed in Schedule 4 F20..., any person may, subject to paragraphs (2) and (3) and regulation 19 and the other provisions of these Regulations, market seed—

(a)in respect of which an official certificate certifying that the seed is of the relevant category of seed has been issued in accordance with Part I of Schedule 2, although it attains a lower percentage of germination than that specified in Part II of Schedule 4 in relation to Basic Seed by virtue of the exception in paragraph 2(1)(c) of Schedule 2; or

[F21(b)which has been certified as satisfying the conditions for the relevant category of seed although it attains a lower percentage of germination than that specified in Part II of Schedule 4 in relation to Basic Seed—

(i)by a GB Authority other than the Scottish Ministers, in accordance with the applicable requirements in the relevant part of Great Britain; or

(ii)by the NI Authority, in accordance with the applicable requirements in Northern Ireland; or]

(c)which the person marketing the seed knows does not satisfy the minimum standards of germination specified for Basic Seed—

(i)in the case of seed which has been officially certified as being Pre-Basic Seed or Basic Seed, in Part II of Schedule 4, irrespective of the findings of the Scottish Ministers; and

[F22(ii)in the case of seed which has been fully certified as being Pre-Basic Seed or Basic Seed—

(aa) by a GB Authority other than the Scottish Ministers, in accordance with the applicable requirements in the relevant part of Great Britain, irrespective of the findings of the GB Authority; or

(bb)by the NI Authority, in accordance with the applicable requirements in Northern Ireland, irrespective of the findings of the NI Authority.]

(2) Paragraph (1) shall not apply unless the person marketing the seed guarantees a specific minimum percentage of germination of the seed.

(3) Paragraph (1) shall not apply to seed which has been imported [F23into Great Britain from a country granted equivalence.]

Marketing of early movement seedS

12.—(1) In a case where—

(a)the official examination in respect of the germination of any seed lot of Pre-Basic Seed, Basic Seed or Certified Seed of a plant variety of a species accepted on to a [F24GB Variety List or an NI Variety List] is being undertaken and has not been completed, but a provisional germination report has shown that the seed attains the appropriate minimum standard of germination specified in Part II of Schedule 4, the seed in all other respects satisfies the appropriate requirements of Schedule 4 and the provisional analytical report and the provisional germination report on the seed have been presented by the producer to the Scottish Ministers; or

[F25(b)(i)any seed lot has, in order to make seed rapidly available, been certified by—

(aa)a GB Authority other than the Scottish Ministers; or

(bb)the NI Authority; and

(ii)the provisional germination report on the seed has been presented by the producer to the Scottish Ministers,]

the seed lot or any part of the seed lot may, notwithstanding regulation 6 but subject to paragraphs (2) to (5), regulation 19 and the other provisions of these Regulations, be marketed to the first buyer by way of trade.

(2) In the event of any marketing under paragraph (1), the seller of the seed shall—

(a)upon or before delivery, provide the first buyer by way of trade with a written statement that the seed is marketed before the completion of the official germination test together with the result in the provisional germination report;

(b)notify the Scottish Ministers in writing of the name and address of the first buyer by way of trade as soon as practicable after delivery and in any event not later than 7 days after delivery;

(c)guarantee a specific minimum percentage of germination, which shall be the percentage of the germination of the seed as ascertained in the provisional germination report; and

(d)in the event of the official germination test showing the failure of the seed to comply with the minimum germination standard specified in Part II of Schedule 4 for seed of the relevant category, provide the first buyer by way of trade with the result of the completed official germination test, in writing, as soon as practicable and in any event not later than 7 days after being informed of it.

(3) Paragraph (1) shall not apply to the marketing of any seed lot or part of any seed lot in respect of which a previous official examination or an examination by a [F26GB Authority, other than the Scottish Ministers, or the NI Authority] has shown that the seed fails to meet the standards specified for the relevant category of seed in Part II of Schedule 4 F27....

(4) Paragraph (1) shall not apply to seed which has been imported [F28into Great Britain from a country granted equivalence.]

(5) A person who sells any seed in accordance with paragraph (1) shall make and, until the end of the period of six years after the date of delivery of the seed to the first buyer by way of trade, keep available for inspection by the Scottish Ministers a record of—

(a)the date of such delivery;

(b)the reference number of the seed lot or part of a seed lot delivered;

(c)the name and address of the first buyer by way of trade;

(d)the date on which the preliminary test of germination was carried out and of the result of that test in the provisional germination report; and

(e)if appropriate, the date on which the first buyer by way of trade was informed of the result of the completed official germination test.

Requirement for homogeneityS

13.  No person shall market seed in accordance with these Regulations unless it is marketed in a homogeneous seed lot or as part of a homogeneous seed lot.

Marketing of unpacketed seedS

14.  A person may sell any seed otherwise than in a package which is labelled, inscribed or otherwise dealt with in accordance with regulations 18 and 19 where—

(a)the seed is sold in a quantity not exceeding 2.5 kilograms to the final consumer; and

(b)the seed is taken, in the presence of the final consumer, from a container on which there is clearly and visibly marked, or near which there is clearly and visibly displayed, a statement containing particulars of the matters specified in Part IV of Schedule 6.

[F29Certification and labelling for exportS

14A.(1) The Scottish Ministers may certify the quality of any seed intended for export.

(2) Following certification in accordance with paragraph (1), any seed exported must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.]

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