The Oil and Fibre Plant Seed (Scotland) Regulations 2004

Regulation 6(5), 17(4), (5), (8), (10), (11), 18, 21(3), (5), (6) and (11)

SCHEDULE 6

PART I GENERAL

Method of referring to species of seed

1.  Where the species of seed is one of the particulars to be indicated on a label, in accordance with 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 author’s name, in Roman characters.

Method of referring to varieties of seed

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 LABELS

Label for a package of Breeder’s Seed

3.  The label for a package of Breeder’s Seed shall–

(a) contain the following information:–

(i) name and address of the supplier responsible for affixing the labels or the supplier’s registered 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”; and

(b) be coloured buff.

Official label for a package of Pre-basic Seed

4.  The official label for a package of Pre basic Seed shall–

(a) 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 categories Certified Seed or Certified Seed of the First Generation;

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

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

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

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

(a) 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;

(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;

(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) in the case of Basic Seed which is a component of a hybrid variety, where the component has been officially accepted on to a UK National List or the Common Catalogue, the name under which it has been officially accepted, with or without reference to the final hybrid variety, accompanied, in the case of a component which is intended solely as a component for a final hybrid variety, by the word “component”;

(xii) in the case of Basic Seed which is a component of a hybrid variety where the component has not been officially accepted on to a UK National List or the Common Catalogue, the name of the component, which may be given in code form, accompanied by a reference to the final hybrid variety, with or without reference to its function (male or female), and accompanied by the word “component”;

(xiii) in the case of Seed of a Certified Generation which is a hybrid, the name of the variety to which the seed belongs, accompanied by the word “hybrid”;

(xiv) in the case of Certified Seed which is intended to be used as a component of a varietal association of swede rape, a reference to its function (male or female), accompanied by the word “component” and the name of the final varietal association; and

(xv) 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)(xv) 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; and

(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 and Certified Seed of the Third Generation.

Official label for a package of Commercial Seed

6.  The official label for a package of Commercial Seed shall–

(a) subject to sub-paragraph (b), contain the following information:–

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

(ii) certification authority and EEA State or their commonly used initials;

(iii) month and year of sealing expressed by the word “Sealed” followed by the month and year of sealing;

(iv) reference number of the seed lot;

(v) species;

(vi) the words “Commercial Seed (not certified as to variety)”;

(vii) country of production and the region of production within that country;

(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 additive and also the approximate ratio between the weight of pure seed and the total weight; and

(x) 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)(x) 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; and

(d) be coloured brown.

Official label for a package of a varietal association of seed

7.  The official label for a package of a varietal association of seed shall–

(a) 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;

(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) the words “varietal association” followed by its name;

(vii) category;

(viii) country of production;

(ix) declared net or gross weight;

(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) the percentages by weight of the various components in the varietal association shown by variety unless this information has been notified to the purchaser on request and notified to a National Authority; and

(xii) where at least the germination of the components of the varietal association have 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)(xii) 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; and

(d) be coloured blue with a diagonal green line.

PART III SMALL PACKAGES

Label for a small package of Pre basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed

8.  The label for a small package of Pre basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed shall–

(a) contain the following information:–

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

(ii) name and address of the person responsible for fixing the label;

(iii) reference number of the seed lot;

(iv) species;

(v) variety (or, in the case of Commercial Seed the words “Commercial Seed not certified as to variety”);

(vi) category; and

(vii) declared net weight, except in the case of packages not exceeding 15 grams net weight; and

(b) be coloured–

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

(ii) white for Basic Seed;

(iii) blue for Certified Seed and Certified Seed of the First Generation;

(iv) red for Certified Seed of the Second Generation and Certified Seed of the Third Generation; and

(v) brown for Commercial Seed.

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

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

9.  The following particulars shall be marked on, or displayed near, the container referred to in regulation 18:–

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

(b) species; and

(c) except in the case of Commercial Seed, variety.

PART V INFORMATION 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 weight

10.  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 PRINTING OF SPECIFIED MATTERS ON PACKAGES (WHOLE BAG LABELLING)

Packages sealed in Scotland – printers' returns

11.  Arrangements shall be made with the printers for returns to be made to the Scottish Ministers of the number of packages printed or stamped pursuant to regulations 17(10) and 21(5) and of the individual serial numbers of such packages.

Packages sealed in Scotland – individual serial numbers

12.  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

13.  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

14.  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.

Packages sealed in Scotland – lower germination seed

15.  Each package of seed marketed in accordance with regulation 17(10) shall be capable of having affixed to it, in a manner approved by the Scottish Ministers, a label containing a statement pursuant to regulation 17(6).

Packages sealed in Scotland – record keeping for lower germination seed

16.  There shall be kept such records of seed packaged and marketed pursuant to regulation 17(10) as may be required by the Scottish Ministers.

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

17.—(a) Such requirements of the EEA State (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 National Assembly for Wales (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 11 to 16 of this Part of this Schedule for seed which has been sealed in Scotland shall be satisfied; and

(b) the Scottish Ministers shall be satisfied that the requirements specified in sub paragraph (a) have been met.