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

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  • sch. 1 Pt. 2 para. 2(c)(ii) substituted by S.S.I. 2019/59, reg. 15(19)(a) (as substituted) by S.S.I. 2020/445 reg. 16(17)(a)
  • sch. 1 Pt. 2 para. 3(c)(ii) substituted by S.S.I. 2019/59, reg. 15(19)(b) (as substituted) by S.S.I. 2020/445 reg. 16(17)(b)
  • sch. 1 Pt. 2 para. 4(b)(ii) substituted by S.S.I. 2019/59, reg. 15(19)(c) (as substituted) by S.S.I. 2020/445 reg. 16(17)(c)
  • sch. 6 para. 13(2) inserted by S.S.I. 2019/59 reg. 15(22)(f)(iv) (This amendment not applied to legislation.gov.uk. Reg. 15(22)(f) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(20)(d))
  • sch. 6 para. 13(1) sch. 6 para. 13 renumbered as sch. 6 para. 13(1) by S.S.I. 2019/59 reg. 15(22)(f)(ii) (This amendment not applied to legislation.gov.uk. Reg. 15(22)(f) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(20)(d))
  • sch. 6 para. 13(1) words substituted by S.S.I. 2019/59 reg. 15(22)(f)(iii) (This amendment not applied to legislation.gov.uk. Reg. 15(22)(f) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(20)(d))
  • reg. 6(1)(c) and word inserted by S.S.I. 2019/59 reg. 15(4)(a)(iii) (This amendment not applied to legislation.gov.uk. Reg. 15(4)(a) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(3)(a))
  • reg. 6(5A) inserted by S.S.I. 2019/59 reg. 15(4)(d) (This amendment not applied to legislation.gov.uk. Reg. 15(4)(d) omitted immediately before IP completion day by virtue of S.S.I. 2020/445, regs. 1(1)(b), 16(3)(c))
  • reg. 6A inserted by S.S.I. 2019/59 reg. 6(4)
  • reg. 6A substituted by S.S.I. 2019/59 reg. 15(5) (This amendment not applied to legislation.gov.uk. Reg. 15(5) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(4))
  • reg. 6A heading words substituted by S.S.I. 2019/59, reg. 15(5)(a) (as substituted) by S.S.I. 2020/445 reg. 16(4)
  • reg. 6A words substituted by S.S.I. 2019/59, reg. 15(5)(b) (as substituted) by S.S.I. 2020/445 reg. 16(4)
  • reg. 7(1)-(1B) substituted for reg 7(1) by S.S.I. 2019/59, reg. 15(6) (as substituted) by S.S.I. 2020/445 reg. 16(5)
  • reg. 7(1)(1A) substituted for reg. 7(1) by S.S.I. 2019/59 reg. 15(6) (This amendment not applied to legislation.gov.uk. Reg. 15(6) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(5))
  • reg. 10(7A) inserted by S.S.I. 2019/59 reg. 15(9)
  • reg. 10(7A) words substituted in earlier amending provision S.S.I. 2019/59, reg. 15(9) by S.S.I. 2020/445 reg. 16(8)
  • reg. 11(1)(b)(i)(ii) substituted in earlier amending provision S.S.I. 2019/59, reg. 15(10)(a)(ii) by S.S.I. 2020/445 reg. 16(9)(a)(i)
  • reg. 11(1)(c)(ii)(aa)(bb) substituted in earlier amending provision S.S.I. 2019/59, reg. 15(10)(a)(iii) by S.S.I. 2020/445 reg. 16(9)(a)(ii)
  • reg. 14A inserted by S.S.I. 2019/59 reg. 6(5)
  • reg. 15(4A) inserted by S.S.I. 2019/59 reg. 15(12)(c) (This amendment not applied to legislation.gov.uk. Reg. 15(12)(a)-(c) substituted immediately before IP completion day by S.S.I. 2020/445, regs. 1(1)(b), 16(11))
  • reg. 23A 23B inserted by S.S.I. 2019/59 reg. 15(18)
  • reg. 23A heading words inserted in earlier amending provision S.S.I. 2019/59, reg. 15(18) by S.S.I. 2020/445 reg. 16(16)(a)
  • reg. 23A words inserted in earlier amending provision S.S.I. 2019/59, reg. 15(18) by S.S.I. 2020/445 reg. 16(16)(a)
  • reg. 23B heading words inserted in earlier amending provision S.S.I. 2019/59, reg. 15(18) by S.S.I. 2020/445 reg. 16(16)(b)(i)
  • reg. 23B words inserted in earlier amending provision S.S.I. 2019/59, reg. 15(18) by S.S.I. 2020/445 reg. 16(16)(b)(i)
  • reg. 23B words inserted in earlier amending provision S.S.I. 2019/59, reg. 15(18) by S.S.I. 2020/445 reg. 16(16)(b)(ii)

Regulations 2(3) and (4), 6(5), 14,19(2), (3), (6), (7), (8), (9), (10),(13), (14) and (16)

SCHEDULE 6SLABELLING

This Atodlen has no associated Nodyn Gweithredol

PART I SGENERAL

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 any of the provisions of this Schedule, 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 and an indication requires to be given of whether sugar beet or fodder beet.

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.

PART II SLABELS

Label for a package of Breeder's SeedS

3.  The label for a package of Breeder's Seed shall—

(a)be affixed on the outside and have not previously been used and shall 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;

(iv)variety;

(v)the words “Breeder's Seed” ;

(vi)declared net or gross weight; and

(vii)the words “NOT CERTIFIED” ;

(b)be coloured buff; and

(c)be either an adhesive label or tear proof label and shall be affixed, in either case, not later than at the time of sealing.

Textual Amendments

Official label for a package of Pre-Basic SeedS

4.  The official label for a package of Pre-Basic Seed shall—

(a)be affixed on the outside of the package and have not previously been used and shall contain the following information—

(i)certifying authority and EEA state or their commonly used 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;

(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 category Certified Seed;

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

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

(d)be either an adhesive label or a label secured to the package by a sealing system approved by the Scottish Ministers and shall be affixed, in either case, by the Scottish Ministers or by a licensed seed sampler; and

(e)where a breeder's confirmation has been applied for, be—

(i)either an adhesive label or a label secured to the package by a sealing system approved by the Scottish Ministers;

(ii)affixed, in either case, by the Scottish Ministers or by a licensed seed sampler; and

(iii)overstamped “NOT CERTIFIED”.

Official label for a package of Basic Seed or Certified SeedS

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

(a)be affixed on the outside of the package and have not previously been used and shall subject to sub-paragraph (b), contain the following information:—

(i)the words “EC rules and standards” ;

(ii)certifying authority and EEA state or their commonly used initials;

[F2(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;

(vi)variety;

(vii)category;

(viii)country of production;

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

(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 monogerm seed, the word “monogerm”;

(xii)for precision seed, the word “precision”; 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;

(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;

(e)be either an adhesive label or a label secured to the package by a sealing system approved by the Scottish Ministers and shall be affixed, in either case, by the Scottish Ministers or by a licensed seed sampler; and

(f)where a breeder's confirmation has been applied for, be—

(i)either an adhesive label or a label secured to the package by a sealing system approved by the Scottish Ministers;

(ii)affixed, in either case, by the Scottish Ministers or by a licensed seed sampler; and

(iii)overstamped “NOT CERTIFIED”.

Textual Amendments

Official label for a package of test and trial seedS

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

(a)be affixed on the outside of the package and have not previously been used and shall subject to sub-paragraph (b), contain the following information:—

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

(ii)certification authority and EEA state or their distinguishing abbreviation;

[F3(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;

(vii)the official application number in relation to the application for listing under the UK National List;

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

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

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

(xi)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)(i) 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;

(d)be coloured orange; and

(e)be either an adhesive label or a label secured to the package by a sealing system approved by the Scottish Ministers and shall be affixed, in either case, by the Scottish Ministers or by a licensed seed sampler.

Textual Amendments

Official label for a package of seed of a Conservation VarietyS

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

(a)be affixed on the outside of the package and have not previously been used and shall contain the following information:—

(i)the words “EC 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 the lot given by the person responsible for affixing the labels;

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

(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;

(xii)for monogerm seed, the word “monogerm”; and

(xiii)for precision seed, the word “precision”;

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

(c)be coloured brown; and

(d)be either an adhesive label or tear proof label and shall be affixed, in either case, not later than at the time of sealing.

(2) Where a package of seed of a Conservation Variety is sealed in—

(a)the United Kingdom but not in Scotland; or

(b)an EEA state other than the United Kingdom,

it shall be labelled in accordance with the provisions of Article 18 (labelling) of Commission Directive 2008/62.

Labels for packages of lower germination seedS

8.—(1) The official label for a package of lower germination seed shall—

(a)be affixed on the outside of the package and have not previously been used and shall contain, as appropriate to the category of seed and the seed itself, particulars of the matters specified in this Schedule; and

(b)be either an adhesive label or a label secured to the package by a sealing system approved by the Scottish Ministers and shall be affixed, in either case, by the Scottish Ministers or by a licensed seed sampler.

(2) The supplier's label for packages of lower germination seed shall—

(a)be affixed to the outside of the package and contain a statement that the minimum percentage of germination of the seed is less than the minimum percentage of germination for Basic Seed; and

(b)contain a statement of the specific minimum percentage of germination of the seed guaranteed by the person marketing the seed in accordance with regulation 11(2) together with the name and address of the seller and the reference number of the seed lot.

(3) Where a breeder's confirmation has been issued in respect of seed of a lower percentage of germination—

(a)the official label or stamp shall be affixed to the outside of the package and contain a statement that the minimum percentage of germination of the seed is less than the minimum percentage of germination for Basic Seed; and

(b)where possession of the package is transferred to another person, the transferor shall—

(i)guarantee a specific minimum percentage of germination of the seed; and

(ii)affix a label to the outside of the package containing a statement of the specific minimum percentage of germination of the seed guaranteed by the person transferring possession of the seed together with the name and address of the transferor and the reference number of the seed lot.

Labels for packages of early movement seedS

9.—(1) The official label for a package of early movement seed shall—

(a)be affixed on the outside of the package and have not previously been used and shall contain, as appropriate to the category of seed and the seed itself, particulars of the matters specified in this Schedule; and

(b)be either an adhesive label or a label secured to the package by a sealing system approved by the Scottish Ministers and shall be affixed, in either case, by the Scottish Ministers or by a licensed seed sampler.

(2) The supplier's label for a package of early movement see shall—

(a)be affixed to the outside of the package and contain a statement that the seed is being sold before the official examination of the germination of that seed lot has been concluded; and

(b)contain a statement of the specific minimum percentage of germination guaranteed by the person marketing the seed in accordance with regulation 12(2)(c), together with the name and address of the seller and the reference number of the seed lot.

(3) Where a breeder's confirmation has been issued in respect of seed of a lower percentage of germination—

(a)the official label or stamp shall be affixed to the outside of the package and contain a statement that the minimum percentage of germination of the seed is less than the minimum percentage of germination for Basic Seed; and

(b)where possession of the package is transferred to another person, the transferor shall—

(i)guarantee a specific minimum percentage of germination of the seed; and

(ii)affix a label to the outside of the package containing a statement of the specific minimum percentage of germination of the seed guaranteed by the person transferring possession of the seed together with the name and address of the transferor and the reference number of the seed lot.

Inner labels for packages of Pre-Basic Seed, Basic Seed, Certified Seed, lower germination seed, early movement seed and seed in respect of which a breeder's confirmation has been issuedS

10.  The inner label for a package of Pre-Basic Seed, Basic Seed, Certified Seed, lower germination seed, early movement seed and seed in respect of which a breeder's confirmation has been issued shall be of the same colour as the official label affixed to the outside of the package in accordance with this Schedule and shall contain particulars of the following matters—

(a)in the case of Pre-Basic Seed and lower germination seed to which paragraph 4 of this Schedule is relevant, paragraphs (iii) to (v) of paragraph 4(a) of this Schedule; and

(b)in the case of Basic Seed, Certified Seed, or lower germination seed to which paragraph 5 of this Schedule is relevant, paragraphs (iv) to (vi), (xi) and (xii) of paragraph 5(a) of this Schedule.

PART III SSMALL EC PACKAGES

Label for a small EC package of Pre-Basic Seed, Basic Seed or Certified SeedS

11.  The label for a small EC package of Pre-Basic Seed, Basic Seed or Certified Seed shall—

(a)be affixed on the outside of the package and contain the following information:—

(i)the words “Small EC Package”;

(ii)name and address of the person responsible for fixing the label or his identification mark;

(iii)officially assigned serial number;

(iv)service which assigned the serial number and the name of the EEA state or their initials;

(v)reference number of the seed lot if the official serial number does not enable the lot to be identified;

(vi)species;

(vii)variety;

(viii)category;

(ix)declared net weight, or number of clusters or pure seeds;

(x)where the 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 the clusters or pure seeds and the total weight;

(xi)for monogerm seed: the word “monogerm”; and

(xii)for precision seed: the word “precision”;

(b)be coloured—

(i)white with a diagonal violet line for Pre-Basic Seed;

(ii)white for Basic Seed;

(iii)blue for Certified Seed.

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

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

12.  The following particulars shall be marked on, or displayed near, the container referred to in regulation 14:—

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

(b)species;

(c)variety; and

(d)for hybrid varieties, the word “ hybrid”.

PART V SINFORMATION IN RESPECT OF SEED IMPORTED FROM COUNTRIES WHICH ARE NOT EEA STATES IN PACKAGES EXCEEDING 2 KILOGRAMS NET WEIGHT

Information to be supplied in respect of seed imported from a country which is not an EEA state in a package exceeding 2 kilograms net weightS

13.  The information to be supplied to the Scottish Ministers in accordance with regulation 6(5) in respect of seed imported from a country which is not an EEA state 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.

PART VI SPRINTING OF SPECIFIED MATTERS ON PACKAGES (WHOLE BAG LABELLING)

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.

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.

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.

Seed packages sealed in the United Kingdom but not in Scotland, or in an EEA state other than the United KingdomS

17.  Such requirements of the EEA state other than the United Kingdom (if the seed was sealed in that EEA state) or the Department of Agriculture and Rural Development (if the seed was sealed in Northern Ireland), the Welsh Ministers (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 14 to 17 of this Schedule for seed which has been sealed in Scotland shall be satisfied.

Yn ôl i’r brig

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