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

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

SCHEDULE 6 S LABELLING

PART I S GENERAL

Method of referring to species of seed S

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 seed S

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 S LABELS

Label for a package of Breeder's Seed S

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 [F1 registered 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

F1 Words in sch. 6 para. 3(a)(i) substituted (1.7.2016) by The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 (S.S.I. 2016/68), reg. 1(1), sch. 3 para. 4(5)(b)

Official label for a package of Pre-Basic Seed S

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 [F2 country or country 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”.

Textual Amendments

F2 Words in sch. 6 para. 4 substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 15(22)(a); 2020 c. 1, Sch. 5 para. 1(1)

Official label for a package of Basic Seed or Certified Seed S

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 “ [F3 GB] rules and standards” ;

(ii) certifying authority and [F4 country or country initials];

[F5 (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

F3 Word in sch. 6 para. 5(a)(i) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 15(22)(b)(i) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 16(20)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in sch. 6 para. 5(a)(ii) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 15(22)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Sch. 6 para. 5(a)(iia) inserted (31.3.2017) by The Seed (Miscellaneous Amendments) (Scotland) Regulations 2016 (S.S.I. 2016/434), regs. 1(1), 6(3)(a)

Official label for a package of test and trial seed S

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 [F6 country or country initials];

[F7 (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 [F8 a GB Variety] 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

F6 Words in sch. 6 para. 6(a)(ii) substituted (31.12.2020) by S.S.I. 2019/59, reg. 15(22)(c)(i) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 16(20)(b))

F7 Sch. 6 para. 6(a)(iia) inserted (31.3.2017) by The Seed (Miscellaneous Amendments) (Scotland) Regulations 2016 (S.S.I. 2016/434), regs. 1(1), 6(3)(b)

F8 Words in sch. 6 para. 6(a)(vii) substituted (31.12.2020) by S.S.I. 2019/59, reg. 15(22)(c)(ii) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 16(20)(b))

Official label for a package of seed of a Conservation Variety S

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 “[F9 GB] 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.

[F10 (2) Where a package of seed of a Conservation Variety is sealed in any other part of Great Britain, it must be labelled in accordance with the requirements for labelling applicable in the relevant part of Great Britain.]

Textual Amendments

F9 Word in sch. 6 para. 7(1)(a)(i) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 15(22)(d)(i) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 16(20)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Sch. 6 para. 7(2) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 15(22)(d)(ii) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 16(20)(c)); 2020 c. 1, Sch. 5 para. 1(1)

Labels for packages of lower germination seed S

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 seed S

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 issued S

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 S SMALL F11 ... PACKAGES

Textual Amendments

F11 Word in sch. 6 Pt. 3 heading omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 15(22)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

Label for a small F12 ... package of Pre-Basic Seed, Basic Seed or Certified Seed S

11.  The label for a small F13 ... 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 F13 ... 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 [F14 country or country 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.

Textual Amendments

F12 Word in sch. 6 para. 11 heading omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 15(22)(e)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F13 Word in sch. 6 para. 11 omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 15(22)(e)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in sch. 6 para. 11 substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 15(22)(e)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

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

Particulars to be marked or displayed on the sale of unpacketed seed S

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 S INFORMATION IN RESPECT OF SEED IMPORTED FROM COUNTRIES [F15 OUTSIDE THE UNITED KINGDOM] IN PACKAGES EXCEEDING 2 KILOGRAMS NET WEIGHT

Textual Amendments

F15 Words in sch. 6 Pt. 5 heading substituted (31.12.2020) by S.S.I. 2019/59, reg. 15(22)(f)(i) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 16(20)(d))

Information to be supplied in respect of seed imported from a country [F16 outside the United Kingdom] in a package exceeding 2 kilograms net weight S

13.  The information to be supplied to the Scottish Ministers in accordance with regulation 6(5) in respect of seed imported from a country [F17 outside the United Kingdom] 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.

Textual Amendments

F16 Words in sch. 6 para. 13 heading substituted (31.12.2020) by S.S.I. 2019/59, reg. 15(22)(f)(ii)(aa) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 16(20)(d))

F17 Words in sch. 6 para. 13 substituted (31.12.2020) by S.S.I. 2019/59, reg. 15(22)(f)(ii)(bb) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 16(20)(d))

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

Packages sealed in Scotland — individual serial numbers S

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 stamping S

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 stamp S

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 [F18 a country] other than the United Kingdom S

17.  Such requirements of the [F19 country] other than the United Kingdom (if the seed was sealed in that [F19 country]) or [F20 DAERA] (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.

Textual Amendments

F18 Words in sch. 6 para. 17 heading substituted (31.12.2020) by S.S.I. 2019/59, reg. 15(22)(g)(i) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 16(20)(e))

F19 Word in sch. 6 para. 17 substituted (31.12.2020) by S.S.I. 2019/59, reg. 15(22)(g)(ii) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 16(20)(e))

F20 Word in sch. 6 para. 17 substituted (31.12.2020) by S.S.I. 2019/59, reg. 15(22)(g)(iii) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 16(20)(e))