The Cereal Seed (Scotland) Regulations 2005

InterpretationS

2.—(1) 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;

F1...

“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–

(a)

the seed that goes into the seed lot–

(i)

is of the same variety;

(ii)

has come from different sources; and

(iii)

either–

(aa)

is fully certified seed;

(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 F2...; or

(cc)

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

(b)

a [F3GB Authority or the NI Authority] has been notified that the seed which goes into the seed lot is intended to be included in a blended seed lot;

“breeder”–

(a)

in relation to a variety which has not been accepted on to a [F4GB Variety List, an NI Variety List or the equivalent list in a country granted equivalence], includes any person lawfully multiplying (on their own account) seed bred by another; and

(b)

in relation to a variety which has been so accepted, means the person who is indicated in the relevant [F5GB Variety List, NI Variety List or equivalent list in a country granted equivalence] 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 [F5GB Variety List, NI Variety List or equivalent list in a country granted equivalence];

“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–

(a)

the seed that goes into the seed lot is–

(i)

of the same variety;

(ii)

has come from different sources; and

(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 F6...; and

(b)

a [F7GB Authority or the NI 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 [F9, as amended by Commission Implementing Decision (EU) 2016/320];]

[F10“Commission Directive 2008/62” means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed of those landraces and varieties;]

[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;]

F11...

“component” means–

(a)

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

(b)

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

[F10“Conservation Variety” means the landraces or varieties of agricultural plant species which are naturally adapted to local and regional conditions and threatened by genetic erosion and are contained within a [F12GB Variety List or an NI Variety List] and for these purposes–

(a)

“landrace” means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their region; and

(b)

“genetic erosion” means loss of genetic diversity between and within populations of varieties of the same species over time or reduction of the genetic basis of a species due to human intervention or environmental change;]

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

[F13“control plot” means a plot sown by a [F14GB Authority or the NI Authority] with seed from a submitted sample taken–

(a)

by a [F14GB Authority or the NI Authority];

(b)

by a licensed seed sampler; or

(c)

by an applicant of seed of a Conservation Variety;]

[F15“country granted equivalence” means a country that has been—

(a)

granted equivalence under the Equivalence Decision; or

(b)

assessed by Scottish Ministers as producing the species of seed referred to in regulation 5 under conditions equivalent to those required by these Regulations;

“Crown Dependency” means any of the Channel Islands or the Isle of Man;]

F16...

“the 2001 Deliberate Release Directive” means Directive 2001/18/EC of the European Parliament and of the Council(1) on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC, as [F17last amended by [F18Regulation (EU) 2019/1381]];

[F19“DAERA” means the Department of Agriculture, Environment and Rural Affairs 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;

F20...

“Equivalence Decision” means Council Decision 2003/17/EC(2) 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 [F21last amended by Decision (EU) [F222020/1544]];

[F23“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;]

F24...

“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–

(a)

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

(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 Council(3) on genetically modified food and feed [F25, as last amended by Regulation [F26(EU) 2019/1381]];

“fully certified” means–

(a)

officially certified; or

(b)

certified by a [F27International] Authority other than the Scottish Ministers,

as satisfying the conditions specified for the relevant category of seed in regulation 3 and [F28schedule 4;]

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

[F29“the GMO Regulations” means—

(a)

in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002;

(b)

in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002;

(c)

in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;

(d)

in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003;]

[F29“GB Authority” means the Scottish Ministers, the Secretary of State or the National Assembly for Wales;]

[F29“GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation;]

[F29“GB Variety List” is a list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001;]

“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–

(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

(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–

(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

(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–

(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

(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;

[F30“International Authority” means a GB Authority, the NI Authority or the competent seed certification authority of a country other than the United Kingdom, and “by an International Authority” means–

(a)

by or on behalf of a GB Authority;

(b)

by or on behalf of the NI Authority; or

(c)

by or on behalf of the competent seed certification authority of a country other than the United Kingdom;]

[F31“licensed crop inspector” means a person who holds a current licence to be a crop inspector—

(a)

granted by the Scottish Ministers or having effect as if it were a licence granted by the Scottish Ministers under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016; or

(b)

[F32granted under provisions equivalent to that regulation by—

(i)

a GB Authority other than the Scottish Ministers; or

(ii)

the NI Authority;]]

F33...

[F34“licensed seed sampler” means a person who holds a current licence to be a seed sampler—

(a)

(b)

[F32granted under provisions equivalent to that regulation by—

(i)

a GB Authority other than the Scottish Ministers; or

(ii)

the NI Authority;]]

[F35“licensed seed testing station” means an establishment which holds a current seed testing station licence—

(a)

(b)

[F32granted under provisions equivalent to that regulation by—

(i)

a GB Authority other than the Scottish Ministers; or

(ii)

the NI Authority;]]

“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–

(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

(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–

(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

(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–

(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

(b)

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

F36...

[F37“NI Authority” means DAERA;]

[F37“NI Variety List” means a list of plant varieties prepared and published by DAERA in accordance with legislation having equivalent effect in Northern Ireland to the Seeds (National Lists of Varieties) Regulations 2001;]

“oats” means plants of the species specified in column 2 of Schedule 1 [F38in relation to oats, red oats and naked oats];

[F39“official certificate” means a certificate issued by the Scottish Ministers in accordance with these Regulations 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–

(a)

in relation to Seed of a Certified Generation–

(i)

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

(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

(iii)

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

(b)

in relation to Pre basic Seed and Basic Seed–

(i)

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

(ii)

a test carried out by a licensed seed testing station;

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

(a)

by a [F40a GB Authority or the NI Authority]; or

(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 F41...;

“official label” means a label issued by [F42an International 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 [F43an International 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 [F44an International Authority] has found, having regard to–

(a)

the conditions specified in–

(i)

in the case of the Scottish Ministers–

(aa)

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

(bb)

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

(ii)

[F45in the case of a GB Authority other than the Scottish Ministers, Parts I and II of schedule 4;]

(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;

[F46“PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas), paragraph 1 of the EU Plant Health Regulation;]

[F47“professional seed operator” means a seed merchant, a seed packer or a seed processor;]

F48...

[F49“registered or licensed number” means the number issued to a person who holds a licence granted under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or to a person licensed or registered under provision equivalent to that regulation by—

(a)

a GB Authority other than the Scottish Ministers; or

(b)

the NI Authority;]

[F50“RNQP” means a [F51GB] regulated non-quarantine pest within the meaning given in Article 36 (definition of [F51GB] regulated non-quarantine pests) of the EU Plant Health Regulation;]

“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;

[F52“test and trial seed” means seed which is the subject of an authorisation of a type described in regulation 9A(1);]

[F52“tests and trials authorisation” means an authorisation granted by the Scottish Ministers under regulation 9A(4);]

[F53“third country” means any country or territory other than the British Islands;]

“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 2001(4);

F54...

“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.

(2) 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.

(3) In these Regulations–

(a)any reference to a numbered regulation, to a numbered Part or to a numbered Schedule is a reference to the regulation, Part or Schedule in these Regulations so numbered; and

(b)any reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference occurs.

Textual Amendments

F1Words in reg. 2(1) omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 13(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2Words in reg. 2(1) omitted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 13(2)(b)(i) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 14(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)