The Oil and Fibre Plant Seed (Scotland) Regulations 2004

PART II CONDITIONS RELATING TO BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION, CERTIFIED SEED OF THE SECOND GENERATION, CERTIFIED SEED OF THE THIRD GENERATION AND COMMERCIAL SEED

Standards for varietal purity

10.—(a) The seed shall possess sufficient varietal identity and varietal purity. In particular, seed of the species and category specified in column 1 of the following table shall possess at least the percentage of minimum varietal purity specified in the corresponding entry in column 2 of the table:–

Column 1	Column 2
Species and category	Percentage of minimum varietal purity
(i) Flax–
(aa) Basic Seed	99.7%
(bb) Certified Seed of the First Generation	98.0%
(cc) Certified Seed of the Second Generation(1)	97.5%
(dd) Certified Seed of the Third Generation(2)	97.5%
(ii) Linseed–
(aa) Basic Seed	99.7%
(bb) Certified Seed of the First Generation	98.0%
(cc) Certified Seed of the Second Generation	97.5%
(dd) Certified Seed of the Third Generation	97.5%
(iii) Soya bean–
(aa) Basic Seed	99.5%
(bb) Certified Seed of the First Generation	99.0%
(cc) Certified Seed of the Second Generation	99.0%
(iv) Sunflower except hybrid varieties and components of hybrid varieties–
(aa) Basic Seed	99.7%
(bb) Certified Seed	99.0%
(v) Swede rape (except hybrid varieties) other than varieties to be used solely for fodder purposes and turnip rape other than varieties to be used solely for fodder purposes–
(aa) Basic Seed	99.9%
(bb) Certified Seed	99.7%
(vi) Swede rape (except hybrid varieties) and turnip rape varieties to be used solely for fodder purposes–
(aa) Basic Seed	99.7%
(bb) Certified Seed	99.0%
(vii) Hybrid varieties of swede rape produced using male sterility and their components–
(aa) Basic Seed, female component	99.0%
(bb) Basic Seed, male component	99.9%
(cc) Certified Seed	90.0%
(viii) White mustard–
(aa) Basic Seed	99.7%
(bb) Certified Seed	99.0%

(b) Subject to paragraph 11, for the purposes of this paragraph the minimum varietal purity of seed shall be examined mainly in official field inspections carried out in accordance with the conditions specified in Part I of this Schedule.

Standards for varietal purity for hybrid varieties of swede rape

11.  In the case of seed of a hybrid variety of swede rape produced using male sterility–

(a) subject to sub paragraph (c), the requirement for sufficient varietal identity and varietal purity shall also apply to the characteristics of its components including male sterility or restoration of fertility;

(b) subject to sub paragraph (d), the seed shall not be certified as Certified Seed unless due account has been take of the results of official post control tests on samples of Basic Seed taken in accordance with regulation 15(1) and carried out during the growing season of the seed for which an application has been made for certification as Certified Seed to ascertain whether the Basic Seed has met the requirements for Basic Seed specified in these Regulations in respect of varietal identity as regards the characteristics of the components, including male sterility and in respect of the minimum varietal purity;

(c) the varietal purity of a component of the hybrid variety may be assessed by appropriate biochemical methods; and

(d) the standards in respect of the minimum varietal purity laid down in sub paragraph (b) in respect of Certified Seed of hybrids shall be monitored by official post-control tests on an appropriate proportion of samples taken in accordance with regulation 15(1) and appropriate biochemical methods may be used in these official post-control tests.

Parental ratio in production of Certified Seed of hybrids of sunflower

12.  Where a female male-sterile component and a male component which does not restore male fertility have been used for the production of Certified Seed of hybrids of sunflower, the seed produced by the male-sterile parent shall be blended with seed produced by the fully fertile parent. The ratio of male-sterile parent seed to male-fertile parent seed shall not exceed two to one.

Further standards and conditions of varietal purity

13.  The seed shall, subject to paragraph 14, comply with the following standards and other conditions as regards percentage germination of pure seed, analytical purity and content of seed of other plant species (including Orobanche spp.):–

	Minimum germination (% of pure seed)	Analytical purity		Maximum content by number of seeds of other plant species in a sample of the weight specified in column 4 of the table in paragraph 24 of Part II of Schedule 5
Species		Minimum analytical purity (% by weight)	Maximum content of seed of other plant species (% by weight)	Other plant species (including seed of the species specified in columns 6 to 11)	Wild Oat (Avena fatua, A. ludoviciana, A. sterilis)	Dodder (Cuscuta spp.)	Wild radish (Raphanus raphanistrum)	Dock (Rumex spp. excluding. R. acetosella)	Blackgrass (Alopecurus myosuroides)	Lolium remotum
1	2	3	4	5	6	7	8	9	10	11
Black mustard and brown mustard
– Basic Seed	85	98	0.3	n/a	0	0	10	2	n/a	n/a
– Certified Seed	85	98	0.3	n/a	0	0	10	5	n/a	n/a
Flax	92	99	n/a	15	0	0	n/a	n/a	4	2
Hemp	75	98	n/a	30	0	0	n/a	n/a	n/a	n/a
Linseed	85	99	n/a	15	0	0	n/a	n/a	4	2
Soya bean	80	98	n/a	5	0	0	n/a	n/a	n/a	n/a
Sunflower	85	98	n/a	5	0	0	n/a	n/a	n/a	n/a
Swede rape and turnip rape
– Basic Seed	85	98	0.3	n/a	0	0	10	2	n/a	n/a
– Certified Seed	85	98	0.3	n/a	0	0	10	5	n/a	n/a
White mustard
– Basic Seed	85	98	0.3	n/a	0	0	10	2	n/a	n/a
– Certified Seed	85	98	0.3	n/a	0	0	10	5	n/a	n/a

Further provisions relating to varietal purity

14.—(a) The presence of one seed of dodder (Cuscuta spp.) in a sample of–

(i) black mustard;

(ii) brown mustard;

(iii) flax;

(iv) linseed;

(v) swede rape;

(vi) turnip rape; or

(vii) white mustard,

shall not be regarded as an impurity where a second sample of the same weight is free from any seeds of dodder.

(b) The determination of total content of seed of other plant species by number need not be carried out in the case of hemp seed unless there is doubt whether the conditions laid down in column 5 of the table in paragraph 13 have been satisfied.

(c) Subject to sub paragraph (d), hemp seed shall be free from Orobanche spp..

(d) The presence of one seed of Orobanche spp. in a sample of 100 grams of hemp seed shall not be regarded as an impurity where a second sample of 200 grams is free from any seed of Orobanche spp..

Harmful organisms in the seed

15.—(a) Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

(b) Subject to sub paragraph (c) in any sample of seed of the species specified in column 1 of the following table:–

(i) harmful organisms of the type specified in columns 2 and 3 of the table shall not exceed the percentage by number of seeds specified in the relevant corresponding entry of the table; and

(ii) the number of sclerotia or fragments of sclerotia in a sample of the weight specified in column 4 of the table specified in paragraph 24 of Part II of Schedule 5 shall not exceed the number specified in the relevant corresponding entry in column 4 of the following table:–

	Harmful organisms
	Maximum percentage by number of seeds contaminated by harmful organisms (total per column)		Sclerotinia sclerotiorum (maximum number of sclerotia or fragments of sclerotia in a sample of the weight specified in Column 4 of paragraph 24 of Part II of Schedule 5)
Species	Botrytis spp.	Alternaria spp., Ascochyta linicola (syn. Phoma linicola), Colletotrichum lini, Fusarium spp.
1	2	3	4
Flax	5	5	n/a
Hemp	5	n/a	n/a
Linseed	5	5	n/a
Sunflower	5	n/a	10
Swede rape	n/a	n/a	10
Turnip rape	n/a	n/a	5
White mustard	n/a	n/a	5

(c) Notwithstanding the provisions of sub paragraph (b), in any sample of flax seed, the maximum percentage by number of seed of Ascochyta linicola (syn. Phoma linicola) shall not exceed 1%.

(d) In the case of soya bean seed–

(i) within a sample of at least 5,000 seeds per seed lot which is subdivided into 5 sub samples, the maximum number of sub-samples which are found to be contaminated by Pseudomonas syringae pv. glycinea shall not exceed 4;

(ii) where suspect colonies are identified in all five sub-samples referred to in sub paragraph (i) appropriate biochemical tests on the suspect colonies isolated on a preferential medium for each sub-sample may be used to confirm the conditions specified in sub-paragraph (i);

(iii) the maximum number of seeds contaminated by Diaporthe phaseolorum shall not exceed 15%; and

(iv) the percentage by weight of inert matter shall not exceed 0.3%.

(1)

See regulation 3 for the definition of “Certified Seed of the Second Generation”.

(2)

See regulation 3 for the definition of “Certified Seed of the Third Generation”.