The Fodder Plant Seed (Scotland) Regulations 2005

PART V PROCEDURES FOR ISSUING BREEDER'S CONFIRMATIONS

Breeder’s confirmations

20.—(1) An application for the issue of a breeder’s confirmation for Pre-basic Seed or Basic Seed in respect of a seed lot–

(a) shall be made in writing by the breeder to the Scottish Ministers in such form and manner, and shall include such information, records, illustrations, material and seed, as the Scottish Ministers may require; and

(b) shall be made not later than 31st December in the year following the year of harvest of the crop from which the seed lot is obtained or within such other time as the Scottish Ministers may allow; and

(c) shall be made only–

(i) for seed of a variety for which an application has been made to have that variety accepted on to a UK National List (or an equivalent list in another EEA State); or

(ii) for seed of a component of a hybrid variety for which an application has been made to have that hybrid variety accepted on to a UK National List (or to an equivalent list in another EEA State).

(2) 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.

(3) A breeder’s confirmation which has been issued by the Scottish Ministers may be withdrawn by them in respect of either the whole of a seed lot or any part of a seed lot if–

(a) the results of an official examination of the sample taken from the seed lot in respect of which the breeder’s confirmation has been issued are declared null and void in accordance with regulation 15(2);

(b) on the basis of information received by them, the Scottish Ministers are satisfied that the crop from which the seed in the seed lot was harvested did not meet the conditions specified in Part I of Schedule 4; or

(c) on the basis of information received by them, the Scottish Ministers are satisfied that the seed in the seed lot, or part of the seed lot–

(i) did not meet the conditions laid down in Part II of Schedule 4 at the time the seed was tested for breeder’s confirmation purposes; or

(ii) although it met the conditions in Part II of Schedule 4 at the time of such testing no longer meets them,

and any seed from which a breeder’s confirmation has been so withdrawn shall be deemed not to have had a breeder’s confirmation.

(4) 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).

(5) 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.

(6) 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 the subject of appeal proceedings and shall further notify the Scottish Ministers of the final outcome of those proceedings.