The Cereal Seed (Scotland) Regulations 2005

Regulation 6(5), 17(4), (5), (8), (10), (11), 18, 22(4), (6), (7) and (12)

SCHEDULE 6 S

PART I S GENERAL

Method of referring to species of seed S

1.  Where the species of seed is one of the particulars to be indicated on a label, in accordance with any of the provisions of this Schedule except paragraph 6(a)(v) of Part II, paragraph 8(a)(iv) of Part III and paragraph 10(b)(i) of Part IV, the species must be indicated at least under its botanical name, which may be given in abridged form and without the authority’s name, in Roman characters.

Commencement Information

I1 Sch. 6 para. 1 in force at 1.7.2005, see reg. 1(1)

Method of referring to varieties of seed S

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.

Commencement Information

I2 Sch. 6 para. 2 in force at 1.7.2005, see reg. 1(1)

PART II S LABELS

Label for a package of Breeder’s Seed S

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 [F1 registered or licensed 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.

Textual Amendments

F1 Words in sch. 6 para. 3(a)(i) substituted (1.7.2016) by The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 (S.S.I. 2016/68), reg. 1(1), sch. 3 para. 2(5)(c)

Commencement Information

I3 Sch. 6 para. 3 in force at 1.7.2005, see reg. 1(1)

Official label for a package of Pre-basic Seed S

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.

Commencement Information

I4 Sch. 6 para. 4 in force at 1.7.2005, see reg. 1(1)

Official label for a package of Basic Seed or Seed of a Certified Generation S

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;

[F2 (iia) officially assigned serial number;]

(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 a variety which is a hybrid or an inbred line–

(aa) for Basic Seed where the hybrid or inbred line to which the seed belongs 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 variety, accompanied, in the case of a hybrid or inbred line which is intended solely as a component for a final hybrid variety, by the word “component”;

(bb) for Basic Seed in other cases, the name of the component to which the Basic Seed belongs, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female), and accompanied by the word “component”; and

(cc) for Certified Seed the name of the variety to which the seed belongs, accompanied by the word “hybrid”;

(xii) in the case of Certified Seed of the First Generation and Certified Seed of the Second Generation of oats officially classified as being of a naked oat type, the words “minimum germination capacity of 75%”; and

(xiii) 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)(xiii) 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.

Textual Amendments

F2 Sch. 6 para. 5(a)(iia) inserted (31.3.2017) by The Seed (Miscellaneous Amendments) (Scotland) Regulations 2016 (S.S.I. 2016/434), regs. 1(1), 4(3)(a)

Commencement Information

I5 Sch. 6 para. 5 in force at 1.7.2005, see reg. 1(1)

Official label for a package of a mixture of seeds to which regulation 8 applies S

6.  The official label for a package of a mixture of seeds to which regulation 8 applies shall–

(a) subject to sub paragraph (b), contain the following information:–

(i) the words “Mixture of” followed by the species and varieties;

(ii) the name of the authority responsible for sealing the package and EEA State or their commonly used initials;

[F3 (iia) officially assigned serial number;]

(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, variety, category, country of production and proportion by weight of each of the constituents which in the case of the species and of the variety, shall be indicated at least in Roman characters;

(vi) declared net or gross weight;

(vii) the words “Marketing permitted exclusively in the United Kingdom”;

(viii) 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

(ix) where at least germination of all the constituents of the mixture 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)(ix) 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 green.

Textual Amendments

F3 Sch. 6 para. 6(a)(iia) inserted (31.3.2017) by The Seed (Miscellaneous Amendments) (Scotland) Regulations 2016 (S.S.I. 2016/434), regs. 1(1), 4(3)(b)

Commencement Information

I6 Sch. 6 para. 6 in force at 1.7.2005, see reg. 1(1)

[F4 Official label for a package of test and trial seed S

6A.   The official label for a package of test and trial seed shall–

(a) subject to sub-paragraph (b), contain the following information–

(i) the words “test and trial seed”;

(ii) certification authority and EEA State or their distinguishing abbreviation;

[F5 (iia) officially assigned serial number;]

(iii) reference number of the seed lot;

(iv) month and year of sealing expressed by the word “Sealed” followed by the month and year of sealing;

(v) species;

(vi) variety under which the seed is to be marketed;

(vii) the official application number in relation to the application for listing under regulation 4(1)(a) (applications in relation to National Lists) of the Seeds (National List of Varieties) Regulations 2001;

(viii) the words “variety not yet officially listed”;

(ix) the words “for tests and trials only”;

(x) the words “genetically modified variety”, where applicable;

(xi) declared net or gross weight or declared number of pure seeds; and

(xii) 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 seeds or, where applicable, clusters and the total weight;

(b) not contain the information referred to in sub-paragraph (a)(ix) 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 orange.]

Textual Amendments

F4 Sch. 6 para. 6A inserted (1.4.2007) by The Seed (Scotland) (Amendments for Tests and Trials etc.) Regulations 2007 (S.S.I. 2007/224), regs. 1, 10(a)

F5 Sch. 6 para. 6A(a)(iia) inserted (31.3.2017) by The Seed (Miscellaneous Amendments) (Scotland) Regulations 2016 (S.S.I. 2016/434), regs. 1(1), 4(3)(c)

[F6 Official label for a package of seed of a Conservation Variety S

6B.   The official label for a package of seed of a Conservation Variety shall–

(a) contain the following information–

(i) the words “EC rules and standards”;

(ii) the name and address, or the registration number, of the person responsible for affixing the label or notice;

(iii) the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word “sealed” or “sampled” (as the case may be), followed by the year in question;

(iv) the species;

(v) the denomination of the Conservation Variety;

(vi) the words “Conservation Variety”;

(vii) the region of origin;

(viii) where the region of seed production is different from the region of origin, the indication of the region of seed production;

(ix) the reference number of the lot given by the person responsible for affixing the labels;

(x) the declared net or gross weight or declared number of seeds; and

(xi) where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight; and

(b) be a minimum size of 110 millimetres by 67 millimetres; and

(c) be coloured brown.]

Textual Amendments

F6 Sch. 6 para. 6B inserted (30.6.2009) by The Seed (Scotland) (Amendments for Conservation Varieties) Regulations 2009 (S.S.I. 2009/223), regs. 1, 11

PART III S SMALL PACKAGES

Label for a small package of Pre basic Seed, Basic Seed or Seed of a Certified Generation S

7.  The label for a small package of Pre basic Seed, Basic Seed or Seed of a Certified Generation 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;

(vi) category;

(vii) declared net weight, except in the case of packages not exceeding 15 grams net weight; and

(viii) in the case of Certified Seed of the First Generation or Certified Seed of the Second Generation of oats officially classified as being of a naked oat type the words “minimum germination capacity 75%”; and

(ix) for hybrid varieties of maize, the word “hybrid”; 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; and

(iv) red for Certified Seed of the Second Generation.

Commencement Information

I7 Sch. 6 para. 7 in force at 1.7.2005, see reg. 1(1)

Label for a small package of a mixture of seeds to which regulation 8 applies S

8.  The label for a small package of a mixture of seeds to which regulation 8 applies shall–

(a) contain the following information:–

(i) the words “Mixture of” followed by the species and varieties;

(ii) name and address of the person responsible for fixing the label;

(iii) reference number of the seed lot;

(iv) the species and varieties indicated at least in Roman characters of the constituents of the mixture or the proprietary name of the mixture;

(v) declared net weight, except in the case of packages not exceeding 15 grams net weight;

(vi) the words “marketing permitted exclusively in the United Kingdom”; and

(vii) in the case of Certified Seed of the First and Second Generations of oats officially classified as being of a naked oat variety, the words “Minimum germination capacity 75%”; and

(b) be coloured green.

Commencement Information

I8 Sch. 6 para. 8 in force at 1.7.2005, see reg. 1(1)

PART IV S PARTICULARS TO BE MARKED OR DISPLAYED ON THE SALE OF UNPACKETED SEED

Particulars to be marked or displayed on the sale of unpacketed seed which is not a mixture of seeds to which regulation 8 applies S

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;

(c) variety or inbred line of maize; and

(d) for hybrid varieties of maize, the word “hybrid”.

Commencement Information

I9 Sch. 6 para. 9 in force at 1.7.2005, see reg. 1(1)

Particulars to be marked or displayed on the sale of unpacketed seed which is a mixture to which regulation 8 applies S

10.  The following particulars shall be marked on, or displayed near, the container referred to in regulation 18–

(a) the words “complies with legal standards”; and

(b) either–

(i) the species and variety indicated in at least Roman characters, and the proportion by weight, of the constituents of the mixture; or

(ii) the proprietary name of the mixture.

Commencement Information

I10 Sch. 6 para. 10 in force at 1.7.2005, see reg. 1(1)

PART V S 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 S

11.  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.

Commencement Information

I11 Sch. 6 para. 11 in force at 1.7.2005, see reg. 1(1)

PART VI S PRINTING OF SPECIFIED MATTERS ON PACKAGES (WHOLE BAG LABELLING)

Packages sealed in Scotland – printers' returns S

12.  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 [F7 22(6)] and of the individual serial numbers of such packages.

Textual Amendments

F7 Word in sch. 6 para. 12 substituted (1.4.2007) by The Seed (Scotland) (Amendments for Tests and Trials etc.) Regulations 2007 (S.S.I. 2007/224), regs. 1, 10(b)(i)

Commencement Information

I12 Sch. 6 para. 12 in force at 1.7.2005, see reg. 1(1)

Packages sealed in Scotland – individual serial numbers S

13.  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.

Commencement Information

I13 Sch. 6 para. 13 in force at 1.7.2005, see reg. 1(1)

Packages sealed in Scotland – printing or stamping S

14.  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.

Commencement Information

I14 Sch. 6 para. 14 in force at 1.7.2005, see reg. 1(1)

Packages sealed in Scotland – particulars to be included in the printing or stamp S

15.  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.

Commencement Information

I15 Sch. 6 para. 15 in force at 1.7.2005, see reg. 1(1)

Seed packages sealed in the United Kingdom but not in Scotland, or in an EEA State other than the United Kingdom S

[F8 16.   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 12 to 15 of this Part of this Schedule for seed which has been sealed in Scotland shall be satisfied.]

Textual Amendments

F8 Sch. 6 para. 16 substituted (1.4.2007) by The Seed (Scotland) (Amendments for Tests and Trials etc.) Regulations 2007 (S.S.I. 2007/224), regs. 1, 10(b)(ii)

Commencement Information

I16 Sch. 6 para. 16 in force at 1.7.2005, see reg. 1(1)