The Cereal Seed (Scotland) Regulations 2005

Marketing of seedS

6.—(1) Subject to the provisions of this Part, no person shall market any seed unless–

(a)it is marketed in seed lots or in parts of seed lots; and

(b)it is–

(i)seed of a plant variety of a species specified in Part I of Schedule 1 (varieties of plant species on national lists) to the Seeds (National Lists of Varieties) Regulations 2001(1) accepted on to a UK National List or the Common Catalogue and which is fully certified [F1Pre-basic Seed, fully certified Basic Seed, Seed of a Certified Generation or seed of a Conservation Variety]; or

(ii)Breeder’s Seed.

[F2(2) Paragraph (1) shall not apply to the marketing of seed which has not yet been fully certified if–

(a)the seed is marketed for processing;

(b)the identity of the seed is ensured; and

(i)the seed has been harvested by an official field inspection to satisfy the conditions specified in Part I of Schedule 4 or Annex I (crop conditions) of the Cereal Seed Directive for the relevant category of seed; or

(ii)the seed of a Conservation Variety has been harvested from a crop which has been found to satisfy the conditions specified in Part III of Schedule 4A.]

(3) Where seed is sampled in an untreated state for F3... the official examination referred to in paragraph 2(c) of Part I of Schedule 2, [F4the examination referred to in paragraph 2(b) of Part I of Schedule 4A] 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.

(4) 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.

(5) 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.

(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.

Textual Amendments

Commencement Information

I1Reg. 6 in force at 1.7.2005, see reg. 1(1)

(1)

S.I. 2001/3510.