These Regulations may be cited as the Cereal Seed (Scotland) Regulations 2005, and shall come into force on 1st July 2005.

These Regulations extend to Scotland only.

In these Regulations–

• “the Act” means the Plant Varieties and Seeds Act 1964;

• “AFP number” means the official application for protection number issued by the Plant Variety Rights Office;

• “Annex V(C) document” means a document of the type specified in the second indented sub paragraph of the first paragraph of Article 15(2) (packing and labelling of not yet finally certified seed harvested in another EEA State or third country) of the Cereal Seed Directive containing the particulars specified in Part C (document to be provided in the case of not yet finally certified seed harvested in another EEA State or third country) of Annex V of that Directive issued by the relevant competent seed certification authority;

• “barley” means plants of the species specified in column 2 of Schedule 1 in relation to barley;

• “blended seed lot” means a seed lot obtained by mixing seed where–

  1. a

     the seed that goes into the seed lot–

     1. i

        is of the same variety;

     2. ii

        has come from different sources; and

     3. iii

        either–

        1. aa

           is fully certified seed;

        2. bb

           is not fully certified seed, but is seed which has been harvested from seed crops for which official field inspection reports have been issued showing that the relevant crops met the conditions for the relevant category of seed specified in Part I of Schedule 4 or Annex I (crop conditions) of the Cereal Seed Directive; or

        3. cc

           is made up of seed which falls within sub paragraph (aa) and seed which falls within sub paragraph (bb); and

  2. b

     a National Authority has been notified that the seed which goes into the seed lot is intended to be included in a blended seed lot;

• “breeder”–

  1. a

     in relation to a variety which has not been accepted on to a UK National List or the Common Catalogue, includes any person lawfully multiplying (on their own account) seed bred by another; and

  2. b

     in relation to a variety which has been so accepted, means the person who is indicated in the relevant UK National List or in the Common Catalogue as responsible for maintaining the plant variety in accordance with the characteristics to which regard was had when the plant variety was accepted on to the relevant UK National List or Common Catalogue;

• “breeder’s confirmation” means a document issued by the Scottish Ministers in accordance with Part II of Schedule 2 containing in respect of the seed to which it relates the particulars specified in paragraph 2 of Schedule 3;

• “breeder’s designation” means the title, name or other designation proposed by a breeder for a new plant variety which is the subject of an application for acceptance on to a UK National List;

• “bulked seed lot” means a seed lot obtained by mixing seed where–

  1. a

     the seed that goes into the seed lot is–

     1. i

        of the same variety;

     2. ii

        has come from different sources; and

     3. iii

        has been harvested from seed crops for which official field inspection reports have been issued showing that the relevant crops met the conditions for the relevant category of seed specified in Part I of Schedule 4 or Annex I (crop conditions) of the Cereal Seed Directive; and

  2. b

     a National Authority has been notified that the seed which goes into the seed lot is intended to be included in a bulked seed lot;

• “the Cereal Seed Directive” has the same meaning as it has in Schedule 9;

• F8“the 2004 Commission Decision” means Commission Decision 2004/842/EC concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted;

• F8“Commission Regulation 217/2006” means Commission Regulation (EC) No. 217/2006 laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination;

• “Common Catalogue” means the Common Catalogue of varieties of species of agricultural plants published in the Official Journal of the European Communities;

• “the Common Catalogue Directive” means Council Directive 2002/53/EC2 on the common catalogue of varieties of agricultural plant species, as amended by the Food and Feed Regulation;

• “component” means–

  1. a

     in the case of Pre basic Seed, a component used in the production of a hybrid variety; and

  2. b

     in the case of Basic Seed, a component of a hybrid variety;

• “constituent” means seed of a single species and, where appropriate, variety, which forms part of a mixture of seeds;

• “control plot” means a plot sown by a European Authority with seed from a submitted sample taken–

  1. a

     by a European Authority; or

  2. b

     by a licensed seed sampler;

• F9...

• “the 2001 Deliberate Release Directive” means Directive 2001/18/EC of the European Parliament and of the Council6 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC, as amended by Commission Decision 2002/6237, the Food and Feed Regulation and Regulation (EC) No. 1830/2003 of the European Parliament and of the Council8;

• “Department of Agriculture and Rural Development” means the Department of Agriculture and Rural Development in Northern Ireland;

• “durum wheat” means plants of the species specified in column 2 of Schedule 1 in relation to durum wheat;

• “early movement seed” means seed marketed under regulation 12;

• “EEA State” means a Member State, Norway, Iceland or Lichtenstein;

• “Equivalence Decision” means Council Decision 2003/17/EC9 on the equivalence of field inspections carried out in third countries on seed producing crops and on the equivalence of seed produced in third countries, as amended by Council Decision 2003/403/EC10 and Council Regulation (EC) No. 885/200411;

• “European Authority” means a National Authority or a competent seed certification authority of an EEA State other than the United Kingdom and “by a European Authority” means–

  1. a

     by or on behalf of the Department of Agriculture and Rural Development;

  2. b

     by or on behalf of the National Assembly for Wales;

  3. c

     by the Scottish Ministers;

  4. d

     by or on behalf of the Secretary of State; or

  5. e

     by a competent seed certification authority of an EEA State other than the United Kingdom;

• “Excepted Seed Marketed in Bulk” means Certified Seed (other than seed of maize), Certified Seed of the First Generation or Certified Seed of the Second Generation–

  1. a

     which is marketed in bulk direct to the final consumer in a container that is closed after filling; and

  2. b

     in respect of which a random sample has been taken in accordance with paragraph 12 of Schedule 5, by a person authorised in that behalf;

• “first buyer by way of trade” has the same meaning as for the purposes of the Cereal Seed Directive;

• “the Food and Feed Regulation” means Regulation (EC) No. 1829/2003 of the European Parliament and of the Council12 on genetically modified food and feed;

• “fully certified” means–

  1. a

     officially certified; or

  2. b

     certified by a European Authority other than the Scottish Ministers,

  as satisfying the conditions specified for the relevant category of seed in regulation 3 and either in Schedule 4 or in Annexes I (crop conditions) and II (seed conditions) of the Cereal Seed Directive;

• “genetically modified” has the same meaning as for the purposes of the 2001 Deliberate Release Directive;

• “Higher Voluntary Standards” means the standards specified in Schedule 4 as being HVS Standards and the abbreviation “HVS” shall be construed accordingly;

• “HVS level Basic Seed” means Basic Seed which is currently certified by the Scottish Ministers as–

  1. a

     having been harvested from a crop that met the Higher Voluntary Standards for a crop to produce Basic Seed specified in Part I of Schedule 4; and

  2. b

     having met the Higher Voluntary Standards for Basic Seed laid down in Part II of Schedule 4;

• “HVS level Certified Seed of the First Generation” means Certified Seed of the First Generation which is currently certified by the Scottish Ministers as–

  1. a

     having been harvested from a crop that met the Higher Voluntary Standards for a crop to produce Certified Seed of the First Generation specified in Part I of Schedule 4; and

  2. b

     having met the Higher Voluntary Standards for Certified Seed of the First Generation laid down in Part II of Schedule 4;

• “HVS level Certified Seed of the Second Generation” means Certified Seed of the Second Generation which is currently certified by the Scottish Ministers as–

  1. a

     having been harvested from a crop that met the Higher Voluntary Standards for Certified Seed of the Second Generation specified in Part I of Schedule 4; and

  2. b

     having met the Higher Voluntary Standards for Certified Seed of the Second Generation laid down in Part II of Schedule 4;

• “homogeneous seed lot” means a seed lot in which the seed has been so mixed or blended that it is as uniform as practicable and, as far as is practicable, the seed lot shows no evidence of heterogeneity;

• “licensed crop inspector” means a person who holds a current licence to be a crop inspector granted by–

  1. a

     the Scottish Ministers under F1regulation 11(1) (licences) of the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006; or

  2. b

     a National Authority other than the Scottish Ministers under provisions equivalent to that regulation;

• “licensed EC crop inspector” means a person authorised by a competent seed certification authority in an EEA State other than the United Kingdom, pursuant to Article 2(3)(i)(c) (licensed crop inspectors) of the Cereal Seed Directive, to carry out field inspections of crops in that EEA State;

• “licensed seed sampler” means a person who holds a current licence to be a seed sampler granted by–

  1. a

     the Scottish Ministers under F2regulation 18(1) (licences) of the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006; or

  2. b

     a National Authority other than the Scottish Ministers under provisions equivalent to that regulation;

• “licensed seed testing station” means an establishment which holds a current licence for testing of seed granted by–

  1. a

     the Scottish Ministers under F3regulation 25(1) (licences) of the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006; or

  2. b

     a National Authority other than the Scottish Ministers under provisions equivalent to that regulation;

• “lower germination seed” means seed marketed under regulation 11;

• “maize” means plants of the species specified in column 2 of Schedule 1 in relation to maize;

• “minimum level Basic Seed” means Basic Seed which is not currently certified by the Scottish Ministers as–

  1. a

     having been harvested from a crop that met the Higher Voluntary Standards for a crop to produce Basic Seed specified in Part I of Schedule 4; and

  2. b

     having met the Higher Voluntary Standards for Basic Seed laid down in Part II of Schedule 4;

• “minimum level Certified Seed of the First Generation” means Certified Seed of the First Generation which is not currently certified by the Scottish Ministers as–

  1. a

     having been harvested from a crop that met the Higher Voluntary Standards for a crop to produce Certified Seed of the First Generation specified in Part I of Schedule 4; and

  2. b

     having met the Higher Voluntary Standards for Certified Seed of the First Generation laid down in Part II of Schedule 4;

• “minimum level Certified Seed of the Second Generation” means Certified Seed of the Second Generation which is not currently certified by the Scottish Ministers as–

  1. a

     having been harvested from a crop that met the Higher Voluntary Standards for Certified Seed of the Second Generation specified in Part I of Schedule 4; and

  2. b

     having met the higher voluntary standards for Certified Seed of the Second Generation laid down in Part II of Schedule 4;

• “National Authority” means the Department of Agriculture and Rural Development, the National Assembly for Wales, the Scottish Ministers or the Secretary of State;

• “oats” means plants of the species specified in column 2 of Schedule 1 in relation to oats;

• “official certificate” means a certificate issued by the Scottish Ministers in accordance with Part I of Schedule 2 containing in respect of the seed to which it relates the particulars specified in paragraph 1 of Schedule 3 and “officially certified” shall be construed accordingly;

• “official control” means under the supervision of, and in accordance with any conditions set by, a European Authority;

• “official examination” means–

  1. a

     in relation to Seed of a Certified Generation–

     1. i

        an examination or a test carried out by the Scottish Ministers;

     2. ii

        if the seed has undergone official post control the results of which have been satisfactory, a field examination carried out by a licensed crop inspector; or

     3. iii

        a test carried out by a licensed seed testing station; and

  2. b

     in relation to Pre basic Seed and Basic Seed–

     1. i

        an examination or a test carried out by the Scottish Ministers; or

     2. ii

        a test carried out by a licensed seed testing station;

• “official field inspection” means a field examination of a crop carried out–

  1. a

     by a European Authority; or

  2. b

     in the case of seed which, if it were fully certified would be Seed of a Certified Generation, and 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 licensed crop inspector or a licensed EC crop inspector;

• “official label” means a label issued by a European Authority;

• “official post control” means a control plot has been sown with seed from the relevant seed lot and has produced plants which have been examined by the relevant European Authority; and “official post control the results of which have been satisfactory” means official post control has been carried out for the relevant seed lot and the relevant European Authority has found, having regard to–

  1. a

     the conditions specified in–

     1. i

        in the case of the Scottish Ministers–

        1. aa

           paragraphs 4, 8, 9, 10, 11 and 12 of Part I of Schedule 4; and

        2. bb

           paragraphs 13, 14, 15 and 17 of Part II of Schedule 4; and

     2. ii

        in the case of a European Authority other than the Scottish Ministers–

        1. aa

           Annex I (crop conditions) of the Cereal Seed Directive; and

        2. bb

           Annex II (seed conditions) of the Cereal Seed Directive; and

  2. b

     the category of the seed to be produced,

  that the plants produced in the control plot indicate that the corresponding plants in the field are satisfactory plants from which to harvest the relevant category of seed;

• “official sticker” means a sticker issued by a European Authority and attached to an official label;

• “registered number” means the number issued to a person registered by the Scottish Ministers under F4regulation 5(1) (registrations) of the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006 or by another National Authority under any equivalent provision extending to any other part of the United Kingdom;

• “rye” means plants of the species specified in column 2 of Schedule 1 in relation to rye;

• “Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;

• “seed lot” means an identifiable consignment of seed of a weight not exceeding that specified in column 3 of the table in paragraph 26 of Part II of Schedule 5 for the species specified in column 1 of that table by more than 5%, including a blended seed lot, a bulked seed lot, and a mixture of seed which bears a unique seed lot reference number;

• “small package” means a package containing a net weight of not more than 15 kilograms of fully certified Pre basic Seed, fully certified Basic Seed or Seed of a Certified Generation;

• “spelt wheat” means plants of the species specified in column 2 of Schedule 1 in relation to spelt wheat;

• “submitted sample” means a sample of at least the minimum weight of a sample specified in paragraph 26 of Part II of Schedule 5, or in the case of a sample to be submitted to a licensed seed testing station, double the minimum weight of a sample specified in paragraph 26 of Part II of Schedule 5, taken from a seed lot in accordance with the provisions of Part I of Schedule 5;

• F10“test and trial seed” means seed which is the subject of an authorisation of a type described in regulation 9A(1);

• F10“tests and trials authorisation” means an authorisation granted by the Scottish Ministers under regulation 9A(4);

• “third country” means a country listed in Annex I (countries, authorities and species) to the Equivalence Decision or Switzerland;

• “triticale” means plants of the species specified in column 2 of Schedule 1 in relation to triticale;

• “UK National List ” means a list of varieties of species of cereal plants for the time being published in accordance with the Seeds (National Lists of Varieties) Regulations 200114;

• “volunteers” means plants of a species and variety that have grown from seed that was not deliberately sown as part of the crop;

• “wheat” means plants of the species specified in column 2 of Schedule 1 in relation to wheat;

• “wild oats” means plants of the species Avena fatua, Avena ludoviciana and Avena sterilis.

In these Regulations, in relation to varieties, hybrids and inbred lines of maize–

• “open-pollinated variety” means a sufficiently uniform and stable variety;

• “inbred line” means a sufficiently uniform and stable line, obtained either by artificial self fertilisation accompanied by selection over several successive generations or by equivalent operations;

• “simple hybrid” means the first generation of a cross, defined by the breeder, between two inbred lines;

• “double hybrid” means the first generation of a cross, defined by the breeder, between two simple hybrids;

• “triple-cross hybrid” means the first generation of a cross, defined by the breeder, between an inbred line and a simple hybrid;

• “top cross hybrid” means the first generation of a cross, defined by the breeder, between an inbred line or a simple hybrid and an open-pollinated variety; and

• “intervarietal hybrid” means the first generation of a cross, defined by the breeder, between plants grown from basic seed of two open pollinated varieties.

Subject to paragraph (2), these Regulations apply to cereal seed of the species specified in Schedule 1, being seed intended to be used only for the production of agricultural or horticultural crops other than for ornamental purposes.

These Regulations shall not apply to seed which is shown to be intended for export to a country which is not an EEA State.

Where seed is sampled in an untreated state for either the official examination referred to in paragraph 2(c) of Part I of Schedule 2, or for an examination or test carried out by a European Authority other than the Scottish Ministers, and the seed is subsequently subjected to chemical treatment the seller shall, upon or before delivering the seed to the purchaser, provide the purchaser with a statement in writing that the seed has been subsequently subjected to chemical treatment and specifying the chemical nature of such treatment.

Notwithstanding paragraph (1), no person shall market seed of a genetically modified variety unless it is clearly indicated, in the sales catalogue of the person marketing the seed and in any other marketing information or marketing representations provided by that person, as having been genetically modified.

Any person marketing seed which has been imported from a country which is not an EEA State and which exceeds 2 kilograms of seed shall supply the Scottish Ministers, in such manner and at such time as the Scottish Ministers may require, with the particulars relating to the seed specified in paragraph 11 of Part V of Schedule 6.

Notwithstanding paragraphs (1) and (2), no person shall market barley seed produced in Cyprus during the period from 1st July 2005 to 30th April 2009 both dates inclusive.

This regulation applies to the marketing of seed of barley, durum wheat, oats, spelt wheat or wheat (excluding hybrids) which is fully certified Basic Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation, where any label or notice affixed to, contained in or marked on any package containing the seed, any document accompanying the seed or any particulars displayed in respect of the seed, states or indicates that the seed attains the Higher Voluntary Standards for such seed.

Any mixture of seeds to which the provisions of paragraph (1) relate shall be required to meet the appropriate standards prescribed in seeds regulations.

A producer established in Scotland may apply to the Scottish Ministers for authorisation under this regulation.

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.

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.

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.

A tests and trials authorisation shall last for a period of one year or such shorter period as the Scottish Ministers may specify.

The Scottish Ministers shall not authorise marketing of an amount of seed in excess of that permitted by Article 7 of the 2004 Commission Decision.

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.

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).

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 National List or the Common Catalogue.

Subject to paragraphs (2) and (3), the Scottish Ministers may, by a general licence, exempt any person or class of persons, or persons generally, from compliance with any provision of these Regulations.

Paragraph (1) shall not apply unless the person marketing the seed guarantees a specific minimum percentage of germination of the seed.

Paragraph (1) shall not apply to seed which has been imported into the United Kingdom from a country which is not an EEA State.

The provisions of paragraph (1) shall not apply to the marketing of any seed lot or part of any seed lot in respect of which a previous official examination or an examination by a European Authority other than the Scottish Ministers has shown that the seed fails to meet the standards specified for the relevant category of seed in Part II of Schedule 4 or Annex II (seed conditions) of the Cereal Seed Directive or which has been subjected to a tetrazolium test carried out by the Scottish Ministers or a licensed seed testing station to establish the viability of the seed.

A person who sells any seed in accordance with paragraph (1) shall make and, until the end of the period of two years after the date of delivery of the seed to the first buyer by way of trade, keep available for inspection by the Scottish Ministers a record of the date of such delivery, of the reference number of the seed lot or part of a seed lot delivered, of the name and address of the first buyer by way of trade, of the date on which the preliminary test of germination was carried out and of the result of that test in the provisional germination report and, if appropriate, of the date on which the first buyer by way of trade was informed of the result of the completed official germination test.

Paragraph (1) shall not apply to seed which has been imported into the United Kingdom from a country which is not an EEA State.

Where an application for the issue of an official certificate is made to the Scottish Ministers in accordance with paragraph (1) the Scottish Ministers shall, subject to paragraph (3), deal with the application in accordance with the provisions of Part I of Schedule 2.

Where the official certificate in respect of a seed lot, or part of a seed lot, is withdrawn under paragraph (4), any seller of the seed shall, as soon as practicable and in any case not later than 7 days after being informed of it, notify the purchaser, in writing, that the official certificate has been withdrawn and that the seed is deemed not to have been officially certified.

For the avoidance of doubt, the provisions of this regulation apply for the purposes of issuing a breeder’s confirmation, as they do for the purposes of issuing an official certificate.

No person shall market in accordance with F13regulations 6(1), 8, 9A, 11 or 12 a small package of, Pre basic Seed, Basic Seed, Seed of a Certified Generation, lower germination seed or early movement seed, unless it has been, or in the case of seed which is wholly or partly re packaged, the original package has been, sealed by the Scottish Ministers, or by F17... a licensed seed sampler or a person registered by a National Authority in any part of the United Kingdom as a seed merchant, seed packer or seed processor under F5regulation 5(1) (registrations) of the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006 or provisions equivalent to that regulation, not later than at the time of sampling in the United Kingdom with a sealing device in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.

If a small package of seed which has been sealed in accordance with paragraph (4) is opened, it may not be marketed in accordance with F13regulations 6(1), 8, 9A, 11 or 12 unless it is re-sealed or further re-sealed by the Scottish Ministers, or by F17... a licensed seed sampler or a person registered by a National Authority in any part of the United Kingdom as a seed merchant, seed packer or seed processor under F5regulation 5(1) (registrations) of the Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006 or provisions equivalent to that regulation, with a sealing device, in such a manner that the package cannot be opened without damaging the sealing system or leaving evidence of tampering on the label or package.

No person shall market in accordance with regulation 6(1) a package of Breeder’s Seed unless it is marketed in a package which has been sealed with a sealing device in such a manner that the package cannot be opened without damaging the sealing system or leaving evidence of tampering on the label or package.

If a package of Breeder’s Seed which has been sealed in accordance with paragraph (6) is opened it may not be marketed in accordance with regulation 6(1) unless it is re-sealed or further re sealed with a sealing device in such a manner that the package cannot be opened without damaging the sealing system or leaving evidence of tampering on the label or package.

Subject to regulations 18 and 19, no person shall market in accordance with F18regulations 6(1), 8, 9A, 11 or 12 any Pre basic Seed, Basic Seed, Seed of a Certified Generation, a mixture of seeds to which regulation 8 applies, F20test and trial seed, lower germination seed or early movement seed, except in a package which, not later than at the time of sealing, is labelled, inscribed or otherwise dealt with in accordance with this regulation.

In the case of seed of a variety which has been genetically modified, any label, document, printing or stamp, whether official or otherwise, affixed to or accompanying a seed lot or any part of a seed lot in accordance with the provisions of this regulation, and any particulars given under regulations 18 or 19, shall clearly indicate that the variety has been genetically modified.

A package of Breeder’s Seed shall have affixed on the outside a label which has not previously been used, containing, as appropriate to the seed, particulars of the matters specified, and being of the colour also specified, in paragraph 3 of Part II of Schedule 6, which shall be either an adhesive label or tear proof label and shall be affixed, in either case, not later than at the time of sealing.

The official inner label or document referred to in paragraph (8) shall not be required if the particulars specified in paragraphs (3), (8) and (13) are printed indelibly on the outside of the package or if the official label is an adhesive or a tear resistant label.

Subject to paragraph (10) or (11), if a package of seed has been re sealed in accordance with regulations 16(3) or regulation 21(4) this fact shall be stated on the official label required under paragraph (5) or the label required under paragraph (11), as the case may be, together with the month and year of re sealing and the name of the authority responsible for the re sealing.

The particulars and information given in accordance with this regulation shall be given in one of the official languages of the European Community.

Subject to the provisions of the Act and of these Regulations, no person shall, in the course of the marketing or the preparation for marketing of any seed by that person or by any other person, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label affixed to, contained in or marked on any package of seed or which is to be so affixed, contained or marked, except as may occur in the course of opening the package for the purposes of regulation 17(2)(b).

Regulations 16 and 17 shall not apply to marketing of Excepted Seed Marketed in Bulk where the person marketing the seed delivers a note to the final consumer, not later than the time of delivery of the seed, containing the information given on the official label on the container from which the seed was taken.

A supplier of seed shall prior to 10th January 2006 and prior to 10th January in each year thereafter notify the Scottish Ministers in such manner as the Scottish Ministers may from time to time specify of the quantities of Excepted Seed Marketed in Bulk by that supplier in the period from 1st January to 31st December in the immediately preceding year.

Where an application for the issue of a breeder’s confirmation is made to the Scottish Ministers in accordance with paragraph (1) the Scottish Ministers shall deal with the application in accordance with the provisions of Part II of Schedule 2.

The Scottish Ministers may withdraw the breeder’s confirmation in respect of a seed lot, or any part of a seed lot, by giving notice to the person who made an application in respect of the seed lot under paragraph (1).

The breeder applying for the breeder’s confirmation shall notify the Scottish Ministers if the application to have the relevant variety or hybrid variety accepted on to a UK National List (or to an equivalent list in another EEA State) referred to in paragraph (1)(c) is withdrawn or refused.

If the application to have the relevant variety or hybrid variety accepted on to a UK National List (or to an equivalent list in another EEA State) referred to in paragraph (1)(c) is refused, the breeder applying for the breeder’s confirmation shall notify the Scottish Ministers if the refusal is subject of appeal proceedings and shall further notify the Scottish Ministers of the final outcome of those proceedings.

No person shall have in their possession any package of seed in respect of which a breeder’s confirmation for Pre basic Seed or Basic Seed has been applied for or issued unless it has been sealed in accordance with this regulation by the Scottish Ministers or by F22... a licensed seed sampler using a non reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal, in such manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package.

Sealing under paragraph (1) shall take place not later than at the time of sampling or, in the case of seed which is wholly or partly re packaged, the sealing of the original package shall take place no later than that time.

If a package of seed which has been sealed in accordance with paragraph (1), or re-sealed in accordance with this paragraph, is opened, whether in accordance with paragraph (3) or otherwise, neither it nor any other package containing any of that seed may be sealed, re sealed or further re sealed, as the case may be, except by the Scottish Ministers or by F22... a licensed seed sampler.

If the details on any label required by regulation 22 cease to be correct as a consequence of any action of the kind described in paragraph (3) the label shall be replaced by the Scottish Ministers or by F22... a licensed seed sampler at the time the package is re sealed under paragraph (4).

No person shall have in their possession any package of seed in respect of which a breeder’s confirmation has been applied for unless it has been, not later than the time of sealing under regulation 21, labelled, inscribed or otherwise dealt with in accordance with this regulation.

In the case of seed of a variety which has been genetically modified, any label, document, printing or stamp, whether official or otherwise, affixed to or accompanying a seed lot or any part of a seed lot in accordance with the provisions of this regulation, shall clearly indicate that the variety has been genetically modified.

The official inner label referred to in paragraph (7) shall not be required if the particulars specified in paragraphs (3), (7) and (10) are printed indelibly on the outside of the package or if the official label is an adhesive or tear resistant label.

If a package of seed has been re sealed in accordance with regulation 21(4) this fact shall be stated on the official label required in terms of paragraph (4), and if an official certificate is issued in respect of the seed, on the official label required in terms of regulation 17(12), together with the month and year of re sealing and the name of the authority responsible for the re sealing.

The particulars and information given in accordance with this regulation shall be given in one of the official languages of the European Community.

For the purposes of this regulation, references in Schedule 6 to the “certifying authority” shall, in the case of a breeder’s confirmation, be taken to be references to that authority as issuer of the breeder’s confirmation.

Subject to the provisions of the Act and of these Regulations, no person shall wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label affixed to, contained in or marked on any package of seed or which is to be so affixed, contained or marked, except as may occur in the course of opening the package for the purposes of paragraph (2)(b), regulation 17(2)(b) or regulation 21(3).

The particulars given to a purchaser by the seller of seed to which these Regulations apply, whether given in pursuance of these Regulations expressly or by implication arising from the description under which the seed is sold, shall constitute a statutory warranty for the purpose of section 17 of the Act in so far as they relate to the category of the seed, the percentage germination of the seed, the percentage analytical purity of the seed, the content of seed of other plant species, the varietal identity and the varietal purity of the seed or, in the case of a mixture of seed permitted by regulation 8, of each of its constituents to which these Regulations apply.

Section 17(2) of the Act shall apply to any particulars given to a purchaser by the seller of seed, being particulars given or implied as in paragraph (1), in so far as they relate to the percentage germination, the percentage analytical purity, or the content of seed of other plant species and there are hereby prescribed in respect of such matters the limits of variation set out in Schedule 7.

Section 17(3) of the Act shall apply to any particulars given to a purchaser by the seller of the seed, being particulars given or implied as in paragraph (1), in so far as they relate to the percentage germination, the percentage analytical purity or the content of seed of other plant species.

A purchaser who intends to obtain a test of seed for the purposes of section 17(3) of the Act shall, not more than 10 days after delivery to that purchaser of the seed, give to the seller written notice of the purchaser’s intention and thereupon the seller may indicate a day (not being more than 21 days after delivery of the seed to the purchaser) and a reasonable time on that day at which a sample of the seed may be taken in the presence of the seller or the seller’s representative and the purchaser shall afford to the seller reasonable facilities for that purpose.

On the day and at the time appointed by the seller in accordance with paragraph (4) or, if the seller fails to appoint such a day and time, on a day not more than 28 days after delivery of the seed to the purchaser, the purchaser or the purchaser’s representative may, and if the seller or the seller’s representative is present shall, take a sample from the relevant seed lot or part of a seed lot sold to the purchaser, which sample shall be at least twice the minimum weight prescribed in paragraph 26 of Part II of Schedule 5.

A sample taken in accordance with the requirements of paragraph (5) shall be taken, and divided by the purchaser or the purchaser’s representative into two parts in accordance with the methods specified in Part I of Schedule 5, each part being of at least the minimum weight prescribed in paragraph 26 of Part II of Schedule 5, of which one part shall be sent to the Chief Officer of the Official Seed Testing Station for Scotland for the purpose of being tested and the other part delivered or tendered to the seller or the seller’s representative or, if the seller or the seller’s representative was not present when the sample was taken, sent to the seller by post.

Paragraph (4) applies if a person to be given a notice under these Regulations by the Scottish Ministers has specified to them an address within the United Kingdom other than that person’s proper address (as determined under paragraph (2)) as the one at which that person or someone on that person’s behalf will accept notices of that description.

In relation to that notice, that address shall be treated as that person’s proper address for the purposes of this regulation and section 7 (service of documents by post) of the Interpretation Act 1978 in its application to this regulation, instead of that determined under paragraph (2).

All applications, approvals, authorisations, notices, notifications and statements to which these Regulations apply shall be made in writing.

Subject to paragraph (2), the Regulations set out in column 1 of Schedule 8 are revoked to the extent specified in the corresponding entry in relation to those Regulations in column 3 of Schedule 8.

Section 17 (repeal and re enactment) of the Interpretation Act 1978 shall not apply in relation to general licences granted under the Cereal Seeds Regulations 1993.