The Oil and Fibre Plant Seed (Scotland) Regulations 2004

Regulations 2(1) and 5(1)

SCHEDULE 1 SPECIES OF SEED TO WHICH THE REGULATIONS APPLY

Column 1	Column 2
Common Name	Latin Name
Black mustard	Brassica nigra (L.) Koch
Brown mustard	Brassica juncea (L.) Czernj. et Cosson
Hemp(1)	Cannabis sativa L.
Flax	Linum usitatissimum L.
Linseed	Linum usitatissimum L.
Soya bean	Glycine max (L.) Merr.
Sunflower	Helianthus annuus L.
Swede rape(2)	Brassica napus L. (partim)
Turnip rape	Brassica rapa L. var. silvestris (Lam.) Briggs
White mustard	Sinapis alba L.

Regulations 2(1), 6(3), 11(1), 14(2), 19(2) and 21(4)

SCHEDULE 2 OFFICIAL CERTIFICATES AND BREEDER'S CONFIRMATIONS

PART I OFFICIAL CERTIFICATES

Applications for seed harvested in the United Kingdom

1.  On receipt of an application made in accordance with regulation 14(1) but not made in pursuance of Article 19 (certification of seed from other EEA States or equivalent third countries) of the Oil and Fibre Plant Seed Directive for the issue of an official certificate in respect of a seed lot as Pre-basic Seed(3), Basic Seed(4), Seed of a Certified Generation(5) or Commercial Seed(6), the Scottish Ministers shall, subject to paragraphs 2 and 3, issue in respect of such a seed lot an official certificate containing the particulars specified in paragraph 1 of Schedule 3.

When applications will be refused

2.  The Scottish Ministers shall refuse to issue an official certificate in respect of a seed lot unless–

(a) an application has been made to the Scottish Ministers, in writing in such form and manner and at such time as the Scottish Ministers may require, and has been accompanied by such information material, records, illustrations and other documents as they may require, in respect of–

(i) the seed lot or seed lots to be used for the production of the crop or crops from which is to be or has been obtained the seed lot in respect of which the application for an official certificate has been made; and

(ii) the crop or crops from which the seed lot is to be or has been obtained;

(b) an official examination of the crop or crops from which was obtained the seed lot in respect of which the application for an official certificate has been made has shown that the crop or crops met the standards appropriate to the category of seed referred to in the application specified in Part I of Schedule 4; and

(c) an official examination of a sample of the seed lot has shown that the seed lot meets the standards appropriate to the relevant category of seed referred to in the application specified in Part II of Schedule 4,

except that–

(i) paragraphs 2(a) and (b) shall not apply in relation to an application for the issue of an official certificate in respect of Commercial Seed; and

(ii) paragraph 2(c), in so far as it relates to standards of percentage of germination specified in paragraph 13 of Part II of Schedule 4, shall not apply in relation to an application for the issue of an official certificate in respect of lower germination seed.

When applications may be refused

3.  The Scottish Ministers may refuse to issue an official certificate in respect of a seed lot if it appears to them that–

(a) a sample taken from the seed lot for the purpose of an official examination to ascertain whether the seed lot meets the appropriate standards specified in Part II of Schedule 4 has not been taken in accordance with regulation 15(1);

(b) an official examination of a control plot sown with a sample of the seed lot sown in the field shows that the crop does not meet the appropriate standards specified in Part I of Schedule 4; or

(c) there has been any breach of seeds regulations in relation to the seed lot in respect of which the application for an official certificate has been made.

Applications for seed harvested in an EEA State or third country

4.  Notwithstanding paragraphs 2 and 3, on receipt of an application made in accordance with regulation 14(1) and in pursuance of Article 19 (certification of seed from other EEA States or equivalent third countries) of the Oil and Fibre Plant Seed Directive for the issue of an official certificate in respect of a seed lot as Pre-basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed, the Scottish Ministers shall issue in respect of the seed lot an official certificate containing the particulars specified in paragraph 1 of Schedule 3 if–

(a) the seed has been–

(i) produced directly from fully certified Basic Seed, Certified Seed of the First Generation(7) or seed certified in a third country which is permitted to be sold as Basic Seed or Certified Seed of the First Generation by virtue of a general licence granted by the Scottish Ministers under regulation 5(1)(b)(iii) (general licences) or 5(3) (general licences) of the Oil and Fibre Plant Seeds Regulations 1993(8) or regulation 10; and

(ii) harvested in an EEA State other than the United Kingdom or in a third country; or

(b) the seed has been–

(i) produced directly from the crossing of fully certified Basic Seed with seed certified in a third country which is permitted to be sold as Basic Seed by virtue of a general licence granted by the Scottish Ministers under regulation 5(1)(b)(iii) (general licences) or 5(3) (general licences) of the Oil and Fibre Plant Seeds Regulations 1993 or regulation 10 or the implementation of the Equivalence Decision; and

(ii) harvested in an EEA State other than the United Kingdom or in a third country; or

(c) the seed–

(i) is to be certified by the Scottish Ministers as Basic Seed;

(ii) has been produced directly from fully certified Pre-basic Seed or from seed certified in a third country which is permitted to be sold as Pre-basic seed by virtue of a general licence granted by the Scottish Ministers under regulation 5(1)(b)(iii) (general licences) or 5(3) (general licences) of the Oil and Fibre Plant Seeds Regulations 1993 or regulation 10 or the implementation of the Equivalence Decision; and

(iii) has been harvested in an EEA State other than the United Kingdom or in a third country; and

provided that–

(d) if the seed has been harvested in an EEA State other than the United Kingdom–

(i) the seed has been harvested from a crop which has been found by field examination of the crop carried out by the competent seed certification authority in the EEA State; or

(ii) in the case of a seed lot which is to be certified by the Scottish Ministers as Seed of a Certified Generation, seed which has been harvested from a crop which has been produced from seed that has undergone official post-control the results of which have been satisfactory, by a field examination of the crop carried out by a licensed EC crop inspector,

to satisfy the crop conditions specified in Annex I (crop standards) of the Oil and Fibre Plant Seed Directive for the relevant category of seed;

(e) if the seed has been harvested in a third country, the seed has been harvested from a crop which has been found by field examination satisfying the conditions specified in the Equivalence Decision to satisfy the conditions specified in Annex I (crop standards) of the Oil and Fibre Plant Seed Directive for the relevant category of seed;

(f) if the seed has been harvested in an EEA State, the seed has been packed in a sealed package in accordance with the requirements of Article 11(1) (sealing) of the Oil and Fibre Plant Seed Directive and has been labelled in accordance with the requirements of the second indented sub-paragraph of the first paragraph of Article 19(2) (labelling requirements for certification of seed from other EEA States or equivalent third countries) of the Oil and Fibre Plant Seed Directive;

(g) if the seed has been harvested in an EEA State, has been imported into the United Kingdom as not finally certified seed;

(h) is accompanied by an Annex V(C) document relating to the seed issued by the competent seed certification authority in the EEA State; and

(i) official examination has shown that the conditions specified in Part II of Schedule 4 for the relevant category of seed have been satisfied.

PART II BREEDER'S CONFIRMATIONS

Applications

1.  On receipt of an application made in accordance with regulation 19(1) for the issue of a breeder’s confirmation in respect of a seed lot, as Pre-basic Seed or Basic Seed, the Scottish Ministers shall, subject to paragraphs 6 and 7, issue in respect of that seed lot a breeder’s confirmation containing the particulars specified in paragraph 2 of Schedule 3.

When applications will be refused

2.  The Scottish Ministers shall refuse to issue a breeder’s confirmation in respect of a seed lot unless–

(a) an application has been made to the Scottish Ministers in writing in such form and manner and at such time as the Scottish Ministers may require, and has been accompanied by such information, material, records, illustrations and other documents as they may require, in respect of–

(i) the seed lot or seed lots to be used for the production of the crop or crops from which is to be or has been obtained the seed lot in respect of which the application for a breeder’s confirmation has been made; and

(ii) the crop or crops from which the seed lot is to be or has been obtained;

(b) an official examination of the crop or crops from which was obtained the seed lot in respect of which the application for a breeder’s confirmation has been made has shown that the crop or crops meet the standards specified in Part I of Schedule 4 appropriate in the category referred to in the application; and

(c) an official examination of a sample taken from the seed lot has shown that the seed lot meets the standards specified in Part II of Schedule 4 appropriate to the relevant category of seed referred to in the application except that a breeder’s confirmation can be issued for Pre-basic Seed or Basic Seed in respect of seed which attains a lower percentage of germination than that specified in paragraph 13 of Part II of Schedule 4.

When applications may be refused

3.  The Scottish Ministers may refuse to issue a breeder’s confirmation in respect of a seed lot if it appears to them that–

(a) a sample taken from the seed lot for the purpose of an official examination to ascertain whether the seed lot meets the appropriate standards specified in Part II of Schedule 4 has not been taken in accordance with regulation 15(1);

(b) an official examination of a control plot sown with a sample of the seed lot sown in the field shows that the crop does not meet the appropriate standards specified in Part I of Schedule 4;

(c) there has been a breach of seeds regulations in relation to the seed lot in respect of which application for a breeder’s confirmation has been made.

Regulation 2(1), paragraphs 1 and 4 of Part I of Schedule 2 and paragraph 5 of Part II of Schedule 2

SCHEDULE 3 PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE OR A BREEDER'S CONFIRMATION

Particulars to be specified in an official certificate

1.  The following particulars shall be specified in an official certificate:–

(a) name and address of certifying authority;

(b) applicant’s name, address and, if appropriate, registered number;

(c) seed lot reference number;

(d) species/variety/category, as appropriate;

(e) net weight of seed lot and number of containers; and

(f) seed treatment, if any.

Particulars to be specified in a breeder’s confirmation

2.  The following particulars shall be specified in a breeder’s confirmation:–

(a) name and address of issuing authority;

(b) applicant’s name, address and, if appropriate, registered number;

(c) seed lot reference number;

(d) species/variety/category, as appropriate;

(e) net weight of seed lot and number of containers;

(f) seed treatment, if any; and

(g) statement that the breeder’s confirmation does not constitute an official certificate and does not permit marketing of the seed.

Regulations 2(1), 3, 6(2), 11(1), 12(1), (2) and (3), 21(4) and paragraphs 2, 3 and 4 of Part I of Schedule 2 and paragraphs 6 and 7 of Part II of Schedule 2

SCHEDULE 4 REQUIREMENTS FOR 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

PART I CONDITIONS RELATING TO CROPS FROM WHICH SEED OTHER THAN COMMERCIAL SEED IS OBTAINED

Methods of crop testing

1.  The Scottish Ministers may ascertain, so far as practicable, whether the requirements for the crop set out in this Part of this Schedule are met by the use of methods which shall include official field inspection of the crop and which may include examination of a control plot sown with a sample from the seed lot sown in the field and the consideration of any other relevant information.

Varietal identity and varietal purity

2.  The characteristics used for the determination of varietal identity and varietal purity shall be those to which regard was had when the relevant variety was accepted on to the relevant UK National List, an equivalent list in another EEA State or the Common Catalogue.

Crop inspection

3.—(a) An official examination of the crop shall be made by means of an official field inspection.

(b) The official field inspection shall only be carried out when the cultural condition of the field and the stage of development and condition, including state of health, of the crop are such as to permit suitable checks of varietal identity, varietal purity and species purity to be made.

(c) Subject to paragraphs (d) and (e), at least one official field inspection of the crop shall be carried out.

(d) At least two official field inspections shall be carried out in the case of a hybrid of sunflower.

(e) At least three official field inspections shall be carried out in the case of a hybrid of swede rape and shall be carried out as follows:–

(i) the first official field inspection shall be carried out before the flowering stage;

(ii) the second official field inspection shall be carried out at the early flowering stage; and

(iii) the third official field inspection shall be carried out at the end of the flowering stage.

Harmful organisms in the crop

4.  Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level including in the case of soya bean, Pseudomonas syringae pv glycinea, Diaporthe phaseolorum var. caulivora and var. sojae, Phialophora gregata and Phytophthora megasperma f.sp. glycinea.

Previous cropping

5.—(a) The previous cropping of the field shall not have been incompatible with the production of seed of the species and variety of the crop, and the field shall be sufficiently free from plants which are volunteers from previous cropping.

(b) The crop may be grown only on land which complies with the Scottish Ministers' requirements in respect of previous cropping.

(c) In the case of a hybrid of swede rape the crop shall be raised in a production ground where not less than 5 years have elapsed since plants of cruciferae were last grown.

Isolation distances – general

6.  There shall be either a physical barrier or at least 2 metres of fallow ground between the seed crop and any crop likely to cause contamination in the seed.

Isolation distances – minimum distance

7.  For black mustard, brown mustard, hemp, sunflower, swede rape, turnip rape and white mustard, the minimum distance from neighbouring crops or plants of other species, or of other varieties of the same species, liable to cross pollinate with the crop shall be the distance specified in column 2 of the following table for the corresponding crop specified in column 1 of the table (which can include any distance of at least 2 metres of fallow ground required under paragraph 6 of this Part of this Schedule):–

Column 1	Column 2
Crop	Minimum Distance
(a) Black mustard, brown mustard, dioecious hemp, turnip rape and white mustard–
(i) for the production of Basic Seed	400 metres
(ii) for the production of Certified Seed(9)	200 metres
(b) Monoecious hemp–
(i) for the production of Basic Seed	5,000 metres
(ii) for the production of Seed of a Certified Generation	1,000 metres
(c) Sunflower–
(i) for the production of Basic Seed of hybrids	1,500 metres
(ii) for the production of Basic Seed of varieties other than hybrids	750 metres
(iii) for the production of Seed of a Certified Generation	500 metres
(d) Swede rape–
(i) for the production of Basic Seed of varieties other than hybrids	400 metres
(ii) for the production of Basic Seed of hybrids	500 metres
(iii) for the production of Certified Seed of varieties other than hybrids	200 metres
(iv) for the production of Certified Seed of hybrids	300 metres

but with the approval of the Scottish Ministers these distances may be modified or disregarded if there is adequate protection against undesirable foreign pollen.

Standards for varietal purity

8.—(a) The crop shall have sufficient varietal identity and varietal purity, including–

(i) in the case of a crop of an inbred line, sufficient varietal identity and varietal purity as regards its characteristics; and

(ii) in the case of a crop used for the production of seed of hybrid varieties, sufficient varietal identity and varietal purity as regards the characteristics of the components of the hybrid variety, including male sterility or fertility restoration.

(b) in crops of black mustard, brown mustard and hemp the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed–

(i) one plant in 30 square metres for the production of Basic Seed; and

(ii) one plant in 10 square metres for the production of Seed of a Certified Generation.

(c) in crops of hybrids of sunflower–

(i) the percentage by number of plants which are recognisable as obviously not being true to the inbred line or to the component shall not exceed the percentage specified in column 2 of the following table corresponding to the relevant crop specified in column 1 of the table:–

Column 1	Column 2
Crop of hybrid of sunflower	Percentage by number of plants
(aa) For the production of Basic Seed–
(aaA) inbred lines	0.2%
(aaB) simple hybrids–
(aaBa) male parent, plants which have shed pollen while 2% or more of the female plants have receptive flowers	0.2%
(aaBb) female parent	0.5%
(bb) For the production of Certified Seed–
(bbA) male component, plants which have shed pollen while 5% or more of the female plants have receptive flowers	0.5%
(bbB) female component	1.0%

(ii) used for the production of seed of hybrid varieties–

(aa) sufficient pollen shall be shed by the plants of the male component while the plants of the female component are in flower;

(bb) where the female component plants have receptive stigmas, the percentage by number of female component plants which have shed pollen, or are shedding pollen, shall not exceed 0.5%;

(cc) of Basic Seed the total percentage by number of plants of the female component which are recognisable as obviously not being true to the component and which have shed pollen, or are shedding pollen, shall not exceed 0.5%; and

(dd) where a male-sterile component has been used to produce Certified Seed by using a male component which contains a specific restorer line or lines, at least one third of the plants grown from the resulting hybrid shall produce pollen which appears normal in all aspects.

(d) in a case where a male-sterile component is used for the production of seed of a hybrid variety of swede rape the percentage by number of male sterility shall be at least 99% for the production of Basic Seed and 98% for the production of Certified Seed and the level of male sterility shall be assessed by examining flowers for the absence of fertile anthers;

(e) in the case of hybrids of swede rape produced using male sterility the percentage by number of plants which are recognisable as obviously not true to the inbred line or to the component shall not exceed the percentage specified in column 2 of the following table corresponding to the relevant crop specified in column 1 of the table:–

Column 1	Column 2
Crop of hybrids of swede rape produced using male sterility	Percentage by number of plants
(i) For the production of Basic Seed–
(aa) inbred lines	0.1%
(bb) simple hybrids–
(bbA) male component	0.1%
(bbB) female component	0.2%
(ii) For the production of Certified Seed–
(aa) male component	0.3%
(bb) female component	1.0%

Crop conditions for Pre basic Seed

9.  For the purpose of determining whether a crop from which Pre basic Seed is to be produced meets the conditions specified in this Part of this Schedule, the crop from which such seed is to be produced shall be treated in the same way as a crop from which Basic Seed is to be produced.

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(10)	97.5%
(dd) Certified Seed of the Third Generation(11)	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%.

PART III OFFICIAL EXAMINATIONS USED TO ASCERTAIN WHETHER A CROP OR SEED LOT MEETS THE 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

Methods for official examinations

16.  All official examinations used to ascertain whether crops or seed lots meet the standards specified in this Schedule shall be carried out in accordance with current international methods.

Regulations 2(1), 15(1) and (2), 23(5) and (6) and paragraph 15 of Part II of Schedule 4

SCHEDULE 5

PART I SAMPLING OF SEED LOTS

Definitions

1.  In this Part of this Schedule–

“composite sample” means a single sample comprising all of the primary samples taken from a seed lot during a single sampling exercise to produce a submitted sample(12) for the seed lot; and

“primary sample” means a sample taken from a seed lot in accordance with paragraphs 13 to 18 of this Part of this Schedule.

Obtaining a submitted sample

2.  A submitted sample shall be obtained from the seed lot by taking primary samples systematically or at random from different positions in the seed lot and combining them to form a composite sample. Where the composite sample is a submitted sample, it may be submitted for an official examination intact or it may be reduced in weight by using one of the instruments referred to in paragraph 19 of this Part of this Schedule in accordance, where appropriate, with the relevant procedures specified in paragraphs 19 to 21 of this Part of this Schedule to give a smaller submitted sample.

Primary sample size

3.  At each position of sampling of a seed lot, primary samples of approximately equal size shall be taken.

Condition of the seed lot

4.  The seed lot to be sampled shall be a homogeneous seed lot(13).

Seed lot containers

5.  If a seed lot is presented for sampling in more than one container, the containers shall be of the same size and type and contain approximately the same weight of seed.

Sampling from sacks – minimum number of containers to be sampled

6.  When the seed lot is in sacks or similar sized containers each containing at least 15 kilograms of seed and not more than 100 kilograms of seed, the minimum number of containers to be sampled shall be in accordance with the following table:–

Number of containers in which the seed lot is contained	Minimum number of containers to be sampled
1-4	3 primary samples from each container
5 8	2 primary samples from each container
9 15	1 primary sample from each container
16 30	A total of 15 primary samples with each sample being taken from a different container
31 59	A total of 20 primary samples with each sample being taken from a different container
60 or more	A total of 30 primary samples with each sample being taken from a different container

Sampling from sacks or similar containers

7.  The containers to be sampled shall be selected systematically or at random and primary samples shall be drawn from the top, middle and bottom of containers; and if more than one primary sample is taken from any container then the position from which the seed is taken shall be varied from primary sample to primary sample and from container to container.

Sampling from small containers – general

8.  For sampling seed lots in containers holding less than 15 kilograms of seed, a 100 kilogram weight of seed shall be taken as the basic unit and the small containers shall be combined to form sampling units not exceeding this weight (for example 9 packages of 10 kilograms, 20 packages of 5 kilograms) and for sampling purposes each unit shall be regarded as one container and the sampling procedures prescribed in paragraphs 6 and 7 of this Part of this Schedule shall be used.

Sampling from small containers – moisture proof containers

9.  When seed is in moisture-proof containers the opened or pierced containers shall be adequately closed or the residues from sampling transferred to new containers.

Sampling from small containers – primary samples

10.  When seed is in packets of 100 grams or less each packet may be considered as a primary sample and sufficient shall be taken at random to obtain a submitted sample.

Sampling from large containers

11.  For the sampling of containers holding at least 100 kilograms of seed, primary samples shall be taken from different horizontal and vertical positions selected at random and the minimum number of primary samples to be taken shall be in accordance with the following table:–

Seed lot weight (kilograms)	Number of primary samples to be taken
Up to 500	At least 5
501–3,000	1 for each 300 kilograms but no fewer than 5
3,001–20,000	1 for each 500 kilograms but no fewer than 10
20,001 and above	1 for each 700 kilograms but no fewer than 40

Sampling from a seed stream

12.  Primary samples may be drawn from a seed stream during processing using an automatic sampling device, which shall uniformly sample the entire cross-section of the seed stream when a sample is taken. Primary samples of seed shall be taken at regular intervals throughout the processing of the seed lot using the same sampling intensity as specified in paragraph 11 of this Part of this Schedule.

Sampling instruments – general

13.  Sampling instruments shall be capable of sampling all parts of the seed lot.

Sampling instruments – instruments and methods

14.  Subject to paragraph 15 of this Part of this Schedule, one of the instruments described in paragraph 16 of this Part of this Schedule shall be used, as appropriate to the location of the seed, to draw primary samples in accordance with the relevant methods described in paragraphs 17 and 18 of this Part of this Schedule.

Sampling instruments – power to allow other instruments and methods

15.  Where it is not practicable to use any of the instruments described in paragraph 16 of this Part of this Schedule in accordance with the relevant methods described in paragraphs 17 and 18 of this Part of this Schedule, another instrument or method may be used with the written approval of the Scottish Ministers.

Sampling instruments – instruments for drawing primary samples

16.  The instruments referred to in paragraph 14 of this Part of this Schedule, to be used for drawing primary samples are as follows:–

(a) Dynamic spear sampler

Subject to paragraph 13 of this Part of this Schedule, a dynamic spear sampler may be used, in accordance with the methods described in paragraph 18(a) of this Part of this Schedule, for sampling seed lots in sacks or small containers. It shall be a hollow, cylindrical, solid-pointed metal spear or trier which shall be long enough to reach beyond the middle of the sack from the side and shall have an aperture so positioned that portions of seed of equal volume are removed from each part of the sack through which it travels. In sampling seed lots of the species specified in column 1 of the following table a dynamic spear sampler shall have a point length (a), shoulder length (b), boss length (c), aperture length (d), aperture width (e), bore width (f) and outside diameter (g) as shown in the diagrams below of dimensions no smaller than those specified in the corresponding entries in the table:–

	Dimensions in millimetres
Species of Seed for which dynamic spear sampler can be used	Point length (a)	Shoulder length (b)	Boss length (c)	Aperture Length (d)	Aperture Width (e)	Bore width (f)	Outside Diameter (g)
1	2	3	4	5	6	7	8
All species other than flax, hemp, linseed, soya bean or sunflower	42	7	8	20	8	10	12
Flax and linseed	85	12	10	33	11	13	15
Hemp, soya bean and sunflower	82	12	13	40	15	17	19

(b) Stick samplers

A stick sampler of one of the types described in sub-paragraphs (i) and (ii) may, subject to sub-paragraphs (i) and (ii), be used if it has an aperture or apertures of sufficient size to allow the unrestricted entry of seed and other particles and is capable of being opened and closed during the sampling procedure as appropriate to the method of use described in paragraph 18(b) and (c) of this Part of this Schedule.

(i) Single chamber type

Subject to paragraph 13 of this Part of this Schedule, a single chamber type stick sampler may be used to sample seed lots in open sacks or in large containers. In sampling seed lots in open sacks or in large containers, as specified in column 1 of the following table, a single chamber type stick sampler shall have a point length (a), shoulder length (b), sliding sleeve length (c), aperture length (d), aperture width (e) and bore width (f), as shown in the diagrams below, of the dimensions specified in the corresponding entries in the table, or such other dimensions as the Scottish Ministers may approve in writing:–

	Dimensions in millimetres
Type of Container	Point length (a)	Shoulder length (b)	Sliding sleeve length (c)	Aperture length (d)	Aperture width (e)	Bore width (f)
1	2	3	4	5	6	7
Seed lots in sacks	55	25	75	50	22	25
Seed lots in large containers or seed in bulk	100	390	63	50	22	30

(ii) Multi-chamber type

Subject to paragraph 13 of this Part of this Schedule, a multi chamber type stick sampler may be used to sample seed lots in sacks or any other containers. The apertures shall open into chambers which shall be separated from one another by transverse partitions. The contents of each chamber shall be regarded as a primary sample. The multi chamber type stick sampler shall have a point length (a), shoulder length (b), aperture length (c), aperture width (d), aperture separation distance (e) and bore width (f), as shown in the diagram below, of the dimensions specified in the following table or such other dimensions as the Scottish Ministers may approve in writing:–

Dimensions in millimetres
Point length (a)	Shoulder length (b)	Aperture length (c)	Aperture width (d)	Aperture separation distance (e)	Bore width (f)
60	50	100	15	110	25

(c) Cargo sampler

Subject to paragraph 13 of this Part of this Schedule, a cargo sampler may be used, in accordance with the method described in paragraph 18(d) of this Part of this Schedule, to sample seed lots in large containers and shall only be used in the vertical position.

(d) Seed stream sampler

Subject to paragraph 13 of this Part of this Schedule, a seed stream sampler may be used if it has been approved in writing by the Scottish Ministers and if it uniformly samples the cross section of the seed stream without any loss of the seed and any other particles which enter the seed stream sampler, in accordance with the method described in paragraph 18(e) of this Part of this Schedule. Timing devices shall be attached so that the frequency and duration of sampling can be adjusted to meet the requirements of paragraph 12 of this Part of this Schedule.

Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – general

17.  All instruments shall be clean before use.

Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – specific

18.  The methods of using the instruments described in paragraph 16 shall be as follows:–

(a) Dynamic spear sampler

Dynamic spear samplers may be used in one of two ways depending on their length–

(i) Method 1

in the case of a dynamic spear sampler in which the aperture reaches only to the centre of the sack or small container–

(aa) the instrument shall be inserted into the sack in an upward direction at an angle of approximately 30º to the horizontal with its aperture downwards until the aperture reaches the centre of the sack or container;

(bb) the instrument shall be lightly tapped to remove any seed taken in and then rotated to bring the aperture uppermost;

(cc) the instrument shall be withdrawn immediately with a vibratory or oscillatory motion and at a decreasing speed so that the quantity of seed and any other particles obtained from successive locations increases progressively from the centre to the side of the sack; and

(dd) seed and any other particles passing through the instrument shall be collected in a clean container.

(ii) Method 2

in the case of a dynamic spear sampler in which the aperture reaches to the far side of a sack or small container–

(aa) the instrument shall be inserted in the manner described in sub paragraph (i)(aa) until its aperture reaches almost to the far side of the sack or container;

(bb) the instrument shall be tapped and rotated in the manner described in sub paragraph (i)(bb) and then withdrawn at a uniform speed; and

(cc) the seed and any other particles passing through the instrument shall be collected in a clean container.

Stick samplers

(b) Single chamber type stick sampler

In the case of a single chamber type stick sampler–

(i) the sleeve shall move freely;

(ii) the instrument shall be inserted vertically downwards until the aperture reaches the appropriate primary sampling position ensuring that the sleeve covers the aperture as it enters the seed lot;

(iii) the instrument shall be withdrawn sufficiently to uncover the aperture;

(iv) the instrument shall be left in position until the primary sample has been collected; and

(v) the instrument shall be withdrawn and the contents emptied into a clean container.

(c) Multi-chamber type stick sampler

In the case of a multi chamber type stick sampler–

(i) the apertures shall be closed before insertion;

(ii) the instrument shall be inserted diagonally into sacks or vertically into large containers so that all apertures are fully covered;

(iii) the apertures shall be opened;

(iv) the instrument shall be agitated so that seed and any other particles enter the chambers;

(v) the apertures shall be closed gently to ensure that trapped seed and any other particles are not broken or damaged;

(vi) the instrument shall be withdrawn and if the chambers are full the contents shall be emptied onto a clean surface or into a clean container; and

(vii) if all the chambers are not full, the contents shall be discarded and the procedures specified in sub-paragraphs (c)(i) to (vi) shall be repeated.

(d) Cargo sampler

In the case of cargo sampler–

(i) the lid shall open and close easily;

(ii) the instrument shall be inserted with the lid closed to the appropriate primary sampling position which shall be at least 300 millimetres below the surface of the seed lot;

(iii) the handle shall be raised sufficiently to open the lid;

(iv) the instrument shall be left in position until the primary sample has been collected; and

(v) the instrument shall be withdrawn and the contents shall be emptied into a clean container.

(e) Seed stream sampler

In the case of a seed stream sampler, the instrument shall take the number of primary samples necessary for the weight of seed lot being sampled, the primary samples being taken from the seed lot at regular intervals and the resultant composite sample being of a weight not less than the minimum weight prescribed in paragraph 24 of Part II of this Schedule and not greater than can conveniently be reduced by means of one of the methods of sample reduction specified in paragraphs 19 to 21. They shall be installed in such a way that the composite sample can be readily identified with the seed lot from which it was taken.

Obtaining a submitted sample – composite sample division instruments

19.  Where the composite sample exceeds the minimum weight prescribed for a sample in paragraph 24 of Part II of this Schedule, any of the following instruments may be used to reduce the weight of the sample:–

(a) Riffle divider

(i) The riffle divider shall consist of a rectangular hopper leading to a series of evenly spaced chutes, arranged so that seed is distributed equally on two sides;

(ii) there shall be a minimum of 18 chutes, each discharging in the opposite direction to its immediate neighbour; and

(iii) three (or more) metal collecting vessels (pans) of sufficient depth to prevent seed bouncing out shall be used.

(b) Centrifugal divider

(i) The centrifugal divider shall consist of a hopper from which seed flows on to a shallow cup which is then rotated by an electric motor; and

(ii) the seed shall be distributed by centrifugal force onto a stationary baffle which divides it into two equal parts which are then discharged through separate spouts. Four metal collecting vessels (pans) of sufficient depth to prevent seed bouncing out shall be used.

(c) Other instruments

Other instruments and methods may be used with the written approval of the Scottish Ministers.

Method of use of riffle divider

20.  The method of using a riffle divider shall be as follows:–

(a) the riffle divider shall be placed on a firm level surface;

(b) the riffle divider and pans shall be clean;

(c) Sample mixing

an empty pan shall be placed on each side of the riffle divider to receive the discharge from the chutes;

(d) the entire composite sample shall be poured evenly into the other pan(s);

(e) the seed shall then be poured from the pan(s) evenly along the entire length of the hopper;

(f) the two pans into which the seed has passed shall then be replaced with empty pans;

(g) the procedures specified in sub-paragraphs (e) and (f) shall then be repeated twice to mix the sample thoroughly;

(h) Sample reduction

before reduction, the composite sample shall have been thoroughly mixed using the procedures specified in sub paragraphs (c) to (g). The contents of one of the two receiving pans shall then be set aside. If the seed and any other particles in the second pan is of at least the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample, it may be used as a submitted sample. If the weight of seed in the second pan is greater than the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample, it may be reduced using the procedures specified in sub paragraphs (i) to (k);

(i) an empty pan shall be placed on each side of the divider to receive the discharge from the chutes;

(j) the contents of the second pan shall be poured evenly along the entire length of the hopper;

(k) the contents of one of the two pans into which the seed and other particles have passed shall then be set aside. If the weight of seed and other particles in the other pan is still greater than the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample, it may be used as a submitted sample intact or it may be reduced further using the procedures specified in sub paragraphs (i) to (k);

(l) if the weight of seed and other particles in either of the two pans set aside in the procedures specified either in sub-paragraph (h) or sub paragraph (k) is less than the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample, the procedures specified in sub paragraphs (m) to (q) shall be used;

(m) an empty pan shall be placed on each side of the divider to receive the discharge from the chutes;

(n) the contents of one of the pans shall be set aside. The contents of the other pan shall be poured evenly along the entire length of the hopper;

(o) one receiving pan and its contents shall then be removed and replaced with an empty pan. The other pan, with its contents, shall be left in place;

(p) the contents of the pan removed during the procedure specified in sub paragraph (o) shall be poured evenly along the entire length of the hopper so that two sub-samples of different weights shall be produced;

(q) the procedures specified in sub paragraphs (o) and (p), when repeated, constitute the process of continuous halving, and shall be repeated using whichever sub-sample is appropriate until sufficient seed and any other particles is obtained in one pan, which, when added to the seed and any other particles set aside during the procedure specified in sub paragraph (n), produces a submitted sample;

(r) Obtaining more than one submitted sample

when two submitted samples are required from one composite sample, one composite sample of at least twice the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample shall be obtained using the procedures specified in sub paragraphs (c) to (g) and (h) to (q), as appropriate. The composite sample shall then be divided into two parts by passing it once through the riffle divider; and

(s) when three submitted samples are required from one composite sample, one composite sample of at least three times the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample shall be obtained using the procedures specified in sub-paragraphs (c) to (g) and (h) to (q) as appropriate. A submitted sample shall then be extracted using the procedures specified in sub paragraphs (c) to (g) and (h) to (q), as appropriate. All portions of seed which have been set aside shall then be recombined and two submitted samples shall be obtained from this residue of the composite sample by following the procedure specified in sub paragraph (r).

Methods of use of a centrifugal divider

6.  The method of using a centrifugal divider shall be as follows:–

(a) the centrifugal divider shall be levelled prior to use;

(b) the centrifugal divider and pans shall be clean;

(c) Sample mixing

an empty pan shall be placed under each spout of the centrifugal divider;

(d) the entire composite sample shall be poured into the centre of the hopper;

(e) the motor shall be operated so that the seed and any other particles in the sample pass into the pans;

(f) the motor shall be switched off;

(g) the two pans containing seed and any other particles shall be removed and replaced by empty ones;

(h) the contents of both pans removed during the procedure specified in sub paragraph (g) shall be poured together into the centre of the hopper, the seed and any other particles being allowed to blend as they flow in. The procedures specified in sub paragraphs (e) to (g) shall be repeated;

(i) the procedure specified in sub paragraph (h) shall be repeated to mix the sample thoroughly;

(j) Sample reduction

before reduction, the composite sample shall have been thoroughly mixed using the procedures specified in sub paragraphs (c) to (i). The contents of one of the two receiving pans shall then be set aside. If the seed and any other particles in the second pan is of at least the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample, it may be used as a submitted sample. If the weight of seed in the second pan is greater than the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample, it may be reduced using the procedures specified in sub paragraphs (k) to (m);

(k) empty pans shall be placed under the spouts;

(l) the contents of the second pan shall be poured into the hopper and the procedures specified in sub paragraphs (e) and (f) shall be repeated;

(m) the contents of one of the two pans into which the seed and any other particles have passed shall then be set aside. If the weight of seed and any other particles in the other pan is still greater than the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample, the sample may be used as a submitted sample intact or it may be reduced further using the procedures specified in sub paragraphs (k) to (m);

(n) if the weight of seed and any other particles in either of the two pans referred to either in sub paragraph (j) or (m) is less than the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample, the procedures specified in sub paragraphs (o) to (s) shall be used;

(o) empty pans shall be placed under the spouts;

(p) the contents of one of the pans shall be set aside. The contents of the other pan shall be poured into the centre of the hopper and the procedures specified in sub paragraphs (e) and (f) shall be repeated;

(q) one receiving pan and its contents shall then be removed and replaced with an empty pan. The other pan, with its contents, shall be left in place;

(r) the contents of the pan removed during the procedure specified in sub paragraph (q) shall be poured into the centre of the hopper and the procedures specified in sub paragraphs (e) and (f) shall be repeated so that two sub-samples of different weights shall be produced;

(s) the procedures specified in sub paragraphs (q) and (r), when repeated, constitute the process of continuous halving, and shall be repeated using whichever sub-sample is appropriate until a sufficient sample is obtained in one pan, which, when added to the seed and any other particles set aside during the procedure specified in sub paragraph (p), produces a submitted sample;

(t) Obtaining more than one submitted sample

when two submitted samples are required from one composite sample, one composite sample of at least twice the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample shall be obtained using the procedures specified in sub paragraphs (c) to (i) and (j) to (s) as appropriate. The composite sample shall then be divided into two parts by passing it once through the centrifugal divider; and

(u) when three submitted samples are required from one composite sample, one composite sample of at least three times the minimum weight prescribed in paragraph 24 of Part II of this Schedule for a sample shall be obtained using the procedures specified in sub paragraphs (c) to (i) and (j) to (s), as appropriate. A submitted sample shall then be extracted using the procedures specified in sub paragraphs (c) to (i) and (j) to (s), as appropriate. All portions of seed which have been set aside shall then be recombined and two submitted samples shall be obtained from this residue of the composite sample by following the procedure specified in sub paragraph (t).

PART II MAXIMUM WEIGHT OF A SEED LOT AND MINIMUM WEIGHT OF A SUBMITTED SAMPLE

Maximum weight of a seed lot

22.  Subject to paragraph 23, the maximum weight of a seed lot shall be that set out in column 2 of the table in paragraph 24 in relation to the corresponding entry in column 1 of the table.

Margin by which seed lots can exceed maximum weight

23.  A seed lot may exceed the maximum weight for a seed lot set out in column 2 of the table in paragraph 24 by not more than 5%.

Minimum weight of a sample

24.  The minimum weight of a sample submitted for official examination shall be that specified in column 3 of the following table in relation to the corresponding entry in column 1 of the table:–

Column 1	Column 2	Column 3	Column 4
Species	Maximum weight of a seed lot	Minimum weight of a sample taken from a seed lot for submission for official examination	Weight of the sample for determination by number provided for in columns 5 to 11 of the table in paragraph 13 of Part II of Schedule 4, and column 4 of the table in paragraph 15 of Part II of Schedule 4
	tonnes	grams	grams
Black mustard	10	100	40
Brown mustard	10	100	40
Flax	10	300	150
Hemp	10	600	600
Linseed	10	300	150
Soya bean	25	1,000	1,000
Sunflower	25	1,000	1,000
Swede rape	10	200	100
Turnip rape	10	200	70
White mustard	10	400	200

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.

Regulation 23(2)

SCHEDULE 7 LIMITS OF VARIATION

GERMINATION

Minimum percentage of germination (expressed as an integer)	Limit of variation per cent
99–100	2
97–98	3
94–96	4
91–93	5
87–90	6
82–86	7
76–81	8
70–75	9

ANALYTICAL PURITY

Minimum percentage of analytical purity (expressed to one decimal point)	Limit of variation per cent
99.9–100	0.2
99.8	0.3
99.6–99.7	0.4
99.3–99.5	0.5
99.0–99.2	0.6
98.5–98.9	0.7
98.3–98.4	0.8
97.5–98.2	0.9
97.0–97.4	1.0
96.5–96.9	1.1
95.5–96.4	1.2
95.0–95.4	1.3

CONTENT OF SEEDS OF OTHER SPECIES

Maximum percentage (by weight) of number of seeds of other species (expressed to one decimal point)	Limit of variation per cent
0.0	0.1
0.1–0.2	0.3
0.3–0.4	0.4
0.5	0.5

NUMBER OF SEEDS OF OTHER SPECIES

Maximum number of seeds of other species	Limit of variation number
0	1
1	3
2	4
3 and 4	5
5 and 6	6
7 and 8	7
9 to 11	8
12 to 14	9
15 to 17	10
18 to 21	11
22 to 25	12
26 to 29	13
30 to 34	14
35 to 40	15
41 to 45	16
46 to 50	17

Regulation 27(1)

SCHEDULE 8 REVOCATIONS

Regulations revoked	References	Extent
The Oil and Fibre Plant Seeds Regulations 1993	S.I. 1993/2007	The whole Regulations insofar as they apply to Scotland
The Oil and Fibre Plant Seeds (Amendment) Regulations 1994	S.I. 1994/1423	The whole Regulations insofar as they apply to Scotland
The Oil and Fibre Plant Seeds (Amendment) Regulations 1996	S.I. 1996/1451	The whole Regulations insofar as they apply to Scotland
The Seeds (Miscellaneous Amendments) Regulations 1997	S.I. 1997/616	Regulation 2, and insofar as it applies to the Oil and Fibre Plant Seeds Regulations 1993, regulation 4(2), all insofar as the Regulations apply to Scotland
The Oil and Fibre Plant Seeds (Amendment) Regulations 1999	S.I. 1999/1862	The whole Regulations insofar as they apply to Scotland
The Oil and Fibre Plant Seeds (Amendment) (Scotland) Regulations 2000	S.S.I. 2000/249	The whole Regulations
The Seeds (National Lists of Varieties) Regulations 2001	S.I. 2001/3510	Regulation 25(5)(a) insofar as it applies to Scotland
The Oil and Fibre Plant Seeds (Amendment) (Scotland) Regulations 2003	S.S.I. 2003/304	The whole Regulations

(1)

See regulation 2(1) for the definitions of “dioecious hemp”, “hemp” and “monoecious hemp”.

(2)

See regulation 2(1) for the definition of “swede rape”.

(3)

See regulation 3 for the definition of “Pre basic Seed”.

(4)

See regulation 3 for the definition of “Basic Seed”.

(5)

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

(6)

See regulation 3 for the definition of “Commercial Seed”.

(7)

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

(8)

S.I. 1993/2007, as relevantly amended by S.I. 1994/1423, 1996/1451, 1997/616, 1999/1862, S.S.I. 2000/249, S.I. 2001/3510 and S.S.I. 2003/304.

(9)

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

(10)

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

(11)

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

(12)

See regulation 2(1) for the definition of “submitted sample”.

(13)

See regulation 2(1) for the definition of “homogeneous seed lot”.