The Fodder Plant Seed (Scotland) Regulations 2005

[F1 Exception for test and trial seed S

9A.— (1) [F2 Regulation 6(1)(b) 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 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 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–

(a) [F3 the seed is of a variety for which an application has been made by the applicant, which has not been withdrawn or finally determined, under—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;]

(b) [F4 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 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–

(i) in the case of species other than field pea and field bean, the crop satisfies the conditions for Certified Seed set out in Schedule 4; or

(ii) in the case of the species field pea and field bean, the crop satisfies the conditions for Certified Seed of the Second Generation set out in 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–

(i) in the case of species other than field pea and field bean, the seed satisfies the conditions for Certified Seed set out in Schedule 4; or

(ii) in the case of the species field pea and field bean, the seed satisfies the conditions for Certified Seed of the Second Generation set out in Schedule 4; and

(f) such marketing would not contravene a prohibition on the use of the variety that complies with Article 14 of the 2004 Commission Decision and has been published by the Secretary of State in the gazette published under section 34(1) 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 [F5 the greater of—

(a) (i) in the case of field pea and field bean, 0.3%,

(ii) in all other cases, 0.1%,

of the annual number of seeds used in the United Kingdom, and

(b) 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 [F6 GB 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 [F7 location of the trials within the United Kingdom].]

Textual Amendments

F1 Regs. 9, 9A substituted for reg. 9 (1.4.2007) by The Seed (Scotland) (Amendments for Tests and Trials etc.) Regulations 2007 (S.S.I. 2007/224), regs. 1, 15

F2 Reg. 9A(1) 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), 14(10)(a) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 15(9)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 9A(4)(a) substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(10)(b)(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), 15(9)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Reg. 9A(4)(b) substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(10)(b)(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), 15(9)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 9A(6) 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), 14(10)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 9A(9) substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(10)(d) (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), 15(9)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 9A(10) substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(10)(e) (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), 15(9)(d)); 2020 c. 1, Sch. 5 para. 1(1)