PART IIMARKETING
Marketing of seedI16
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
Commercial Seed; or
ii
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 200115 accepted on to a F16GB Variety List or an NI Variety List and which is fully certified F2Pre-basic Seed, fully certified Basic Seed, Seed of a Certified Generation or seed of a Conservation Variety; or
iii
Breeder’s Seed.
F32
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
c
the seed has been harvested from a crop which has been found by an official field inspection to satisfy the conditions specified in Part I of Schedule 4 F18... for the relevant category of seed; or
d
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 F4... the official examination referred to in paragraph 2(1)(c) of Part I of Schedule 2, F5the examination referred to in paragraph 2(b) of Part I of Schedule 4A or for an examination or test carried out by a F17International 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 F19outside the United Kingdom 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 12 of Part V of Schedule 6.
F14Importation from F20a country granted equivalence6A
Seed imported from F21a country granted equivalence must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.
Marketing of seed of a Higher Voluntary StandardI27
1
This regulation applies to the marketing of Seed of a Certified Generation of an HVS species of seed, 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.
2
Any mixture of seeds to which the provisions of paragraph (1) relate shall be required to meet the appropriate standards prescribed in seeds regulations.
3
Where any person markets seed to which this regulation applies, the person marketing the seed shall be deemed to state for the purpose of these Regulations, and in relation to the particulars given to a purchaser, that–
a
the seed meets the Higher Voluntary Standards for such seed laid down in Part II of Schedule 4; and
b
a successful application has been made to the Scottish Ministers under paragraph (4) verifying that the seed has attained those standards.
4
An application for verification that seed which is Certified Seed of an HVS species of seed has attained the Higher Voluntary Standards for such seed shall be made to the Scottish Ministers in such form and manner and shall contain such information and be accompanied by such documents as the Scottish Ministers may require and the Scottish Ministers shall grant the application if they are satisfied that the seed meets the Higher Voluntary Standards for such seed laid down in Part II of Schedule 4.
MixturesI38
1
The prohibition in regulation 6(1)(b) shall not apply to the marketing of a mixture of various genera, species or varieties of seeds that includes seed to which these Regulations apply and any other seed and that is not intended to be used to produce fodder plants if–
a
the seed in the mixture to which these Regulations apply complied, before mixing, with the relevant provisions of these Regulations; and
b
if any seeds in the mixture are cereal seeds, oil and fibre plant seeds or vegetable seeds, they complied, before mixing, with the relevant provisions of F8the Cereal Seed (Scotland) Regulations 2005M1, F9the Oil and Fibre Plant Seed (Scotland) Regulations 2004M2 or F10the Vegetable Seeds Regulations 1993M3 respectively.
2
The prohibition in regulation 6(1)(b) shall not apply to the marketing of a mixture of various genera, species or varieties of seeds that is intended to be used to produce a mixture of plants, including plants of a species specified in Schedule 1, which are intended for use as fodder plants, if–
a
the seed in the mixture is a mixture of seed to which these Regulations apply and the seed in the mixture complied, before mixing, with the relevant provisions of these Regulations; or
b
the seed in the mixture is a mixture of–
i
seed to which these Regulations apply that complied, before mixing, with the relevant provisions of these Regulations; and
ii
cereal seeds, oil and fibre plant seeds or vegetable seeds to which F11the Cereal Seed (Scotland) Regulations 2005M1, F12the Oil and Fibre Plant Seed (Scotland) Regulations 2004M2 or F13the Vegetable Seeds Regulations 1993M3 respectively apply and that complied, before mixing, with the relevant provisions of those Regulations; and
the mixture does not include any grass seed of a variety which has not been examined for its value for cultivation and use F22... because the breeder has declared that seed of that variety is not intended for the production of fodder plants.
3
A person who wishes to market a mixture of seeds to which paragraph (1), or (2) applies without including the percentage by weight of each of the constituents by species and, where appropriate, by variety on the label referred to in regulation 17(1), (5), (8) or (11) may apply to the Scottish Ministers to register the mixture.
4
An application referred to in paragraph (3) shall include the name under which the mixture is to be marketed and the percentage, by weight, of each of the constituents by species and, where appropriate, by variety.
5
The Scottish Ministers shall register a mixture in respect of which an application has been made under paragraph (3) and in accordance with paragraph (4) if the name under which the mixture is to be marketed has not already been registered with them.
6
Any person who sells or supplies a package (other than a small F23... A or F23... B package) containing a registered mixture of seeds and does so under its registered name and without including–
a
the species and, where appropriate, the variety of each of the constituents in the mixture; and
b
the percentage by weight of each of those constituents,
on the label referred to in regulation 17(8), shall, on or before the sale or supply of such package, provide the person to whom the package of seeds is sold or supplied with a notice containing the information referred to in sub-paragraphs (a) and (b).
7
Any person (“the seller”) who sells or supplies a small F24... A or F24... B package containing a registered mixture of seeds produced in F25Great Britain and does so–
a
under its registered name, and
b
in a package that includes the species and, where appropriate, the variety of each of the constituents in the mixture on the label referred to in regulation 17(8) in the case of a small F24... A or a small F24... B package of seeds, but does not include the percentage by weight of each of those constituents in the mixture,
shall, on or before the sale or supply of such seed, notify the person (“the purchaser”) to whom the package of seeds is sold or supplied that the seller shall provide the information relating to the percentage by weight of each of the constituents in the mixture to the purchaser on request.
8
A person who has registered a mixture of seeds with the Scottish Ministers in accordance with this regulation may apply to the Scottish Ministers to cancel the registration and the Scottish Ministers, having received such an application, shall cancel the registration and notify the applicant that this has been done.
F7Preservation mixtures8A
1
Regulation 6(1)(b) does not apply to the marketing of a preservation mixture if the producer of that mixture has obtained an authorisation in accordance with this regulation.
2
A producer established in Scotland may apply to the Scottish Ministers for an authorisation to market a directly harvested or a crop-grown preservation mixture.
3
An application under paragraph (2) shall be made to the Scottish Ministers in writing and shall contain such information as the Scottish Ministers may require.
4
The Scottish Ministers may grant an authorisation to market a preservation mixture if—
a
the seed has been collected in its source area at a collection site which has not been sown in the 40 years prior to the date of application by the producer under paragraph (2);
b
the source area is located in the region of origin;
c
in the case of a directly harvested preservation mixture, a visual inspection has been carried out by the Scottish Ministers at the collection site during the period of growth of the seed, together with an examination, and the inspection and the examination have shown that the directly harvested preservation mixture complies with the requirements in Schedule 4B;
d
in the case of a crop-grown preservation mixture, an official examination has shown that—
i
the crop-grown preservation mixture complies with the requirements in Schedule 4B; and
ii
the constituents of the mixture which comprise fodder plant seed comply with the requirements for Commercial Seed in Part II of Schedule 4 or comply with those requirements except in so far as those requirements relate to standards of percentage of germination; and
e
in a case where the preservation mixture contains a Conservation variety, the conservation variety complies with F26regulation 9B.
5
An authorisation may be made subject to such conditions as the Scottish Ministers think are necessary.
6
An authorisation must include the information specified in paragraph 3 of Schedule 3.
7
An authorisation shall last for a period of one year or such shorter period as the Scottish Ministers may specify.
8
A producer proposing to apply for authorisation to market a preservation mixture must notify the Scottish Ministers of the quantity of seed for which that person intends to apply for authorisation under paragraph (2) before the beginning of each production season together with—
a
the location of the collection site;
b
the size (in hectares) of the collection site; and
c
in the case of a crop-grown preservation mixture, also the location and size of the multiplication site.
9
F27The Scottish Ministers may specify the maximum amount of seed of a preservation mixture which may be marketed in any given growing season and specify different maxima for different persons or classes of person.
10
A preservation mixture may only be marketed in its region of origin.
11
In this regulation, in paragraph 3 of Schedule 3 and in paragraph 8A of Schedule 6, “region of origin” means the region forming a part or the whole of F28Great Britain identified by the Scottish Ministers F29having taken account of any available information from plant genetic resource organisations.
F1Exception for scientific purposes or selection work9
1
Regulation 6(1)(b) shall not apply to the marketing by a producer of small quantities of seed for scientific purposes or selection work for which–
a
an authorisation has been granted to the producer by the Scottish Ministers in accordance with this regulation; or
b
F30an authorisation has been granted to the producer, in respect of small quantities of seed for scientific purposes or selection work in accordance with the applicable requirements in the relevant part of the United Kingdom, by—
i
a GB Authority other than the Scottish Ministers; or
ii
the NI Authority.
2
A producer established in Scotland may apply to the Scottish Ministers for authorisation under this regulation.
3
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.
4
F31The Scottish Ministers may only grant an authorisation under this regulation in respect of a genetically modified variety if the marketing and release of the genetically modified material by the applicant has—
a
before the day on which IP completion day falls, been authorised under Part C of the 2001 Deliberate Release Directive,
b
been authorised under the Food and Feed Regulation, or
c
been authorised under the GMO Regulations.
5
An authorisation under this regulation may–
a
specify the amount of seed which may be marketed under it; and
b
impose such conditions as the Scottish Ministers think necessary or desirable having regard to the nature of the scientific purposes or selection work involved and the nature of the seed to which the authorisation relates, including a condition relating to the keeping of records in respect of the marketing of the seed.
Exception for test and trial seed9A
1
F33Regulation 6(1)(b) does not apply to the marketing by a producer of seed for test and trial purposes in accordance with—
a
a tests and trials authorisation; or
b
an authorisation has been granted to the producer, in accordance with the applicable requirements in the relevant part of the United Kingdom, by—
i
a GB Authority other than the Scottish Ministers; or
ii
the NI Authority.
2
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.
3
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.
4
The Scottish Ministers shall not grant a tests and trials authorisation unless they are satisfied that–
a
F35the seed is of a variety for which an application has been made by the applicant, which has not been withdrawn or finally determined, under—
i
regulation 4(1)(a) (applications in relation to National Lists) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to a GB Variety List; or
ii
the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists of Varieties) Regulations 2001 for acceptance on to an NI Variety List;
b
F34in the case of seed of a genetically modified variety, the marketing and release of the genetically modified material by the applicant has been authorised—
i
before the day on which IP Completion day falls, under Part C of the 2001 Deliberate Release Directive;
ii
under the Food and Feed Regulation; or
iii
under the GMO Regulations;
c
the marketing is 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;
d
an official field inspection has been carried out by the Scottish Ministers or by a licensed crop inspector and a report issued stating that–
i
in the case of species other than field pea and field bean, the crop satisfies the conditions for Certified Seed set out in Schedule 4; or
ii
in the case of the species field pea and field bean, the crop satisfies the conditions for Certified Seed of the Second Generation set out in Schedule 4;
e
an official examination of the seed has been undertaken and a report issued by the Scottish Ministers or by a licensed seed testing station stating that–
i
in the case of species other than field pea and field bean, the seed satisfies the conditions for Certified Seed set out in Schedule 4; or
ii
in the case of the species field pea and field bean, the seed satisfies the conditions for Certified Seed of the Second Generation set out in Schedule 4; and
f
such marketing would not contravene a prohibition on the use of the variety that complies with Article 14 of the 2004 Commission Decision and has been published by the Secretary of State in the gazette published under section 34(1) of the Act.
5
A tests and trials authorisation shall last for a period of one year or such shorter period as the Scottish Ministers may specify.
6
The Scottish Ministers shall not authorise marketing of an amount of seed in excess of F37the greater of—
a
i
in the case of field pea and field bean, 0.3%,
ii
in all other cases, 0.1%,
of the annual number of seeds used in the United Kingdom, and
b
such quantity as the Scottish Ministers consider is sufficient to sow 10 hectares.
7
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.
8
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).
9
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 F36GB Variety List or an NI Variety List.
10
The Scottish Ministers may require, as a condition of a tests and trials authorisation, that the producer to whom authorisation was granted provide them, on request, with information about–
a
the results of the tests and trials to which the authorisation relates; and
b
the quantities of seed marketed during the authorised period and the F32location of the trials within the United Kingdom.
F6Exception for conservation varieties9B
1
No person may market seed of a Conservation Variety unless the requirements of paragraphs (2), (3) and (5) are met.
2
The seed must descend from seed produced according to well defined practices for maintenance of the variety.
3
The seed must have been harvested from a crop that–
a
has been produced in the region of origin for the variety or additional region; and
b
satisfies the conditions laid down in Part III of Schedule 4A.
4
a
Scottish Ministers may ascertain, so far as practicable, whether the requirements for the crop set out in Part III of Schedule 4A are met by the use of methods which may include examination of a post control plot sown with a sample from the seed and the consideration of any other relevant information; and
b
for the avoidance of doubt an examination by means of an official field inspection of the crop will not be required.
5
The seed must satisfy the conditions laid down in Part IV of Schedule 4A.
6
No person may market seed of a Conservation Variety other than its region of origin.
7
A person proposing to produce seed of a Conservation Variety must supply the Scottish Ministers, in such manner and form as the Scottish Ministers may require, with the following details in writing–
a
the size (in hectares); and
b
the location,
of the area to be used to produce that seed.
8
For the purposes of Article 14 of Commission Directive 2008/62, the Scottish Ministers may specify the maximum amount of seed of a Conservation Variety which may be marketed in any given growing season. Different maxima for different persons or classes of person may be specified.
F388A
For the purposes of paragraph (8), Article 14 of Commission Directive 2008/62 is to be read as if—
a
in the first paragraph—
i
“Each Member State shall ensure that,” was omitted,
ii
for “does not exceed”, there were substituted “
may not exceed
”
,
iii
for “that Member State”, there were substituted “Great Britain”
,
b
in the second paragraph—
i
for “each Member State”, there were substituted “Great Britain”
,
ii
for “the Member State” in both places where it occurs, there were substituted “Great Britain”
.
9
No person shall market more than the maximum amount of seed of a Conservation Variety applicable to that person as specified under (7).
10
Any person marketing seed of a Conservation Variety must supply Scottish Ministers, on request, with details in writing of the amount and variety of the seed placed on the market during each growing season.
11
In this regulation–
“additional region” means the region for seed production approved by the Scottish Ministers for the purposes of the second paragraph of Article 11(1) of the Commission Directive 2008/ 62 F40, with Article 11(1) of Commission Directive 2008/62 being read as if for the reference to
“ Member States ”
in each place where it occurs and “the Member States” there were substituted“ the Scottish Ministers ”
; andF39“region of origin” means the region forming a part or the whole of Great Britain identified by the Scottish Ministers for the purposes of Article 8.1 of Commission Directive 2008/62, with Article 8.1 of Commission Directive 2008/62 being read as if—
- a
in the first sub-paragraph—
- i
for “a Member State accepts”, there were substituted “the Scottish Ministers accept”;
- ii
for “it shall”, there were substituted “they must”;
- iii
for “It shall”, there were substituted “The Scottish Ministers must”;
- iv
for “Member States”, there were substituted “Scottish Ministers”;
- i
- b
the second sub-paragraph was omitted.
- a
General exemptionsI410
1
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.
F412
The Scottish Ministers may exercise the power under paragraph (1)—
a
for the purposes of a temporary experiment seeking improved alternatives to provisions of these Regulations and organised in accordance with regulations made under section 16(5) of the Act; or
b
to the extent that the provisions of the general licence are—
i
necessary in order to overcome any temporary difficulties in the supply of basic or certified seed—
aa
by permitting the marketing of seed of a category subject to less stringent requirements, or of seed of a variety not included in a GB Variety List or an NI Variety List;
bb
for a specified period; and
cc
in quantities necessary to resolve the supply difficulties; or
ii
permitted by Commission Regulation 217/2006 or an authorisation granted thereunder.
2A
The duration of a temporary experiment referred to in paragraph (2)(a) must not exceed 7 years.
2B
When seed is marketed in accordance with paragraph (2)(b)(i), the following labelling requirements apply—
a
for a category of seed of any given variety, the official label must be that provided for the corresponding category;
b
for seed of varieties not included in a GB Variety List or an NI Variety List the official label must be that provided for commercial seed;
c
the label must always state that the seed in question is of a category satisfying less stringent requirements.
3
A general licence issued under paragraph (1)–
a
shall have effect during the period specified in it unless the Scottish Ministers revoke it earlier; and
b
may impose such conditions as the Scottish Ministers may think necessary or desirable having regard to the marketing permitted by the general licence and the nature of the seed to which it relates, including a condition relating to the keeping of records in respect of the marketing of the seed.
Marketing of officially certified lower germination seedI511
1
Notwithstanding regulation 6(1)(b) and the requirement in regulation 3 that Pre-basic Seed and Basic Seed shall attain the minimum standards of germination specified for Basic Seed in Part II of Schedule 4 F42..., any person may, subject to paragraphs (2) and (3) and regulation 17(6) and the other provisions of these Regulations, market seed–
a
in respect of which an official certificate certifying that the seed is of the relevant category of seed has been issued in accordance with Part I of Schedule 2, although it attains a lower percentage of germination than that specified in paragraph 13 of Part II of Schedule 4 in relation to Basic Seed by virtue of exception (ii) of paragraph 2(1)(c) of Part I of Schedule 2;
F43b
which has been certified as satisfying the conditions for the relevant category of seed although it attains a lower percentage of germination than that specified in paragraph 13 of Part II of Schedule 4 in relation to Basic Seed—
i
by a GB Authority other than the Scottish Ministers, in accordance with the applicable requirements in the relevant part of Great Britain; or
ii
by the NI Authority, in accordance with the applicable requirements in Northern Ireland;
c
which the person marketing the seed knows does not satisfy the minimum standards of germination specified for Basic Seed–
i
in the case of seed which has been officially certified as being Pre-basic Seed or Basic Seed, in paragraph 13 of Part II of Schedule 4, irrespective of the findings of the Scottish Ministers; and
F44ii
in the case of seed which has been fully certified as being Pre-basic Seed or Basic Seed—
aa
by a GB Authority other than the Scottish Ministers, in the applicable requirements in the relevant part of Great Britain, irrespective of the findings of the GB Authority; or
bb
by the NI Authority, in the applicable requirements in Northern Ireland, irrespective of the findings of the NI Authority.
2
Paragraph (1) shall not apply unless the person marketing the seed guarantees a specific minimum percentage of germination of the seed.
3
Paragraph (1) shall not apply to seed which has been imported into F45Great Britain from a country granted equivalence.
Marketing of early movement seedI612
1
In a case where–
a
the official examination in respect of the germination of any seed lot of Pre-basic Seed, Basic Seed or Seed of a Certified Generation of a plant variety of a species specified in Part I (varieties of plant species on national lists) of Schedule 1 to the Seeds (National Lists of Varieties) Regulations 2001 accepted on to a F46GB Variety List or an NI Variety List is being undertaken and has not been completed, but a provisional germination report has shown that the seed attains the appropriate minimum standard of germination specified in paragraph 13 of Part II of Schedule 4, the seed in all other respects satisfies the appropriate requirements of Schedule 4 and the provisional analytical report and the provisional germination report on the seed have been presented by the producer to the Scottish Ministers; or
F47b
i
any seed lot has, in order to make seed rapidly available, been certified by—
aa
a GB Authority other than the Scottish Ministers; or
bb
the NI Authority; and
ii
the provisional germination report on the seed has been presented by the producer to the Scottish Ministers,
the seed lot or any part of the seed lot may, notwithstanding regulation 6(1)(b) but subject to paragraphs (2) to (5), regulation 17(7) and the other provisions of these Regulations, be marketed to the first buyer by way of trade.
2
In the event of any marketing under paragraph (1), the seller of the seed shall–
a
upon or before delivery, provide the first buyer by way of trade with a written statement that the seed is marketed before the completion of the official germination test together with the result in the provisional germination report;
b
notify the Scottish Ministers in writing of the name and address of the first buyer by way of trade as soon as practicable after delivery and in any event not later than 7 days after delivery;
c
guarantee a specific minimum percentage of germination, which shall be the percentage of the germination of the seed as ascertained in the provisional germination report; and
d
in the event of the official germination test showing the failure of the seed to comply with the minimum germination standard specified in paragraph 13 of Part II of Schedule 4 for seed of the relevant category, the seller shall provide the first buyer by way of trade with the result of the completed official germination test, in writing, as soon as practicable and in any event not later than 7 days after being informed of it.
3
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 F48GB Authority, other than the Scottish Ministers, or the NI Authority has shown that the seed fails to meet the standards specified for the relevant category of seed in Part II of Schedule 4 F50....
4
A person who sells any seed in accordance with paragraph (1) shall make and, until the end of the period of 2 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.
5
Paragraph (1) shall not apply to seed which has been imported into F49Great Britain from a country granted equivalence.
Requirement for homogeneityI713
No person shall market seed in accordance with regulation 6(1)(b)(i) or (ii), 11 or 12 unless it is marketed in a homogeneous seed lot or in part of a homogeneous seed lot.
F15Certification and labelling for export13A
1
The Scottish Ministers may certify the quality of any seed intended for export.
2
Following certification in accordance with paragraph (1), any seed exported must be labelled with a label approved by the Organisation for Economic Cooperation and Development for the varietal certification on the control of seed moving in international trade.