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Regulations 2(1), 3, 6(2), 7, 11, 12(1), (2) and (3), 14(4), 20(3), 22(5), and paragraphs 2, 3 and 4 of Part I of Schedule 2, paragraphs 6 and 7 of Part II of Schedule 2 and paragraphs 1 and 2 of Schedule 3

SCHEDULE 4SREQUIREMENTS FOR PRE-BASIC SEED, BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION, CERTIFIED SEED OF THE SECOND GENERATION AND COMMERCIAL SEED

PART ISCONDITIONS RELATING TO CROPS FROM WHICH SEED OTHER THAN COMMERCIAL SEED IS OBTAINED

Methods of ascertaining whether crop requirements are metS

1.  The Scottish Ministers may ascertain, so far as practicable, whether the requirements for the crop set out in this Part of this Schedule are met by the use of methods which shall include official field inspection of the crop and which may include examination of a control plot sown with a sample from the seed lot sown in the field and the consideration of any other relevant information.

Commencement Information

I1Sch. 4 para. 1 in force at 1.7.2005, see reg. 1(1)

Varietal identity and varietal purityS

2.  The characteristics used for the determination of varietal identity and varietal purity shall be those to which regard was had when the relevant variety was accepted on to the relevant [F1GB Variety List or NI Variety List.]

Crop inspectionS

3.—(1) An official examination of the crop shall be made by means of an official field inspection.

(2) The official field inspection shall only be carried out when the cultural condition of the field and the stage of development and condition, including state of health, of the crop–

(a)are such as to permit suitable checks of varietal identity, varietal purity and species purity to be made; and

(b)meet the requirements of the Scottish Ministers.

(3) At least one official field inspection of the crop shall be carried out.

Commencement Information

I3Sch. 4 para. 3 in force at 1.7.2005, see reg. 1(1)

[F2Pests in the cropS

4.(1) The crop must be practically free from any pests which reduce the usefulness and quality of the seed.

(2) The crop must also comply with the requirements concerning [F3GB] quarantine pests, [F4PFA] quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as the measures adopted pursuant to Article 30(1) of that Regulation.

(3) The presence of RNQPs on the crop and the respective categories must comply with the requirements set out in the following table—

RNQPs or symptoms caused by RNQPsPlants for planting (genus or species)Thresholds for the production of pre-basic seedThresholds for the production of basic seedThresholds for the production of certified seed
Clavibacter michiganensis ssp. insidiosus (McCulloch 1925) Davis et al. [CORBIN]Lucerne0%0%0%
Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]Lucerne0%0%0%]

Previous croppingS

5.—(1) The previous cropping of the field shall not have been incompatible with the production of seed of the species and variety of the crop, and the field shall be sufficiently free from plants which are volunteers from previous cropping.

(2) The crop may be grown only on land which complies with the Scottish Ministers' requirements in respect of previous cropping.

Commencement Information

I4Sch. 4 para. 5 in force at 1.7.2005, see reg. 1(1)

Limitations on number of harvest yearsS

6.  A crop to produce Pre-basic Seed, Basic Seed or Certified Seed of hybrid or Italian ryegrass shall not be used to produce a crop in the second year unless–

(a)Pre-basic Seed was produced in the first harvest year in which case Basic Seed may be produced in the second harvest year;

(b)Basic Seed was produced in the first harvest year from a crop grown from officially certified Pre-basic Seed, in which case Certified Seed may be produced in the second harvest year;

(c)for a tetraploid variety of hybrid ryegrass, Certified Seed was produced in the first harvest year from a crop grown from officially certified Basic Seed, in which case Certified Seed may be produced in the second harvest year.

Commencement Information

I5Sch. 4 para. 6 in force at 1.7.2005, see reg. 1(1)

Isolation distances – generalS

7.  There shall be either a physical barrier or at least 2 metres of fallow ground between the seed crop and any crop likely to cause contamination in the seed.

Commencement Information

I6Sch. 4 para. 7 in force at 1.7.2005, see reg. 1(1)

Isolation distances – minimum distancesS

8.  For a crop shown in Column 1 of the following table, the minimum distances from neighbouring crops or plants of other species, or of other varieties of the same species, liable to cross pollinate with the crop shall be the distances specified in column 2 or 3, as appropriate (which can include any distance of at least 2 metres of fallow ground required under paragraph 7 of this Part of this Schedule)–

Column 1

Column 2

Column 3

Crop

Minimum Distances

Minimum Distances

Crop Area up to 2 hectares

Crop Area over 2 hectares>

(a)All grasses other than apomictic unicloncal varieties of smooth stalked meadowgrass–

(i)for the production of Basic Seed

200 metres100 metres

(ii)for the production of Certified Seed

100 metres50 metres

(b)All legumes other than field bean, field pea, vetches & lucerne and for fodder radish–

(i)for the production of Basic Seed

200 metres100 metres

(ii)for the production of Certified Seed

100 metres50 metres

(c)Field bean, vetches & lucerne–

(i)for the production of Basic Seed & Certified Seed of the First Generation

200 metres100 metres

(ii)for the production of Certified Seed of the Second Generation

100 metres50 metres

(d)Fodder kale & swede–

(i)for the production of Basic Seed

400 metres400 metres

(ii)for the production of Certified Seed

200 metres200 metres

but with the approval of the Scottish Ministers these distances may be modified or disregarded if there is adequate protection against undesirable foreign pollen.

Commencement Information

I7Sch. 4 para. 8 in force at 1.7.2005, see reg. 1(1)

Standards for varietal purityS

9.  The crop shall have sufficient varietal identity and varietal purity and in particular the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed–

In Crops to Produce

Basic Seed

Seed of a Certified Generation

(a)In the case of all grasses except smooth stalked meadowgrass

One plant in 30 square metresOne plant in 10 square metres

(b)In the case of all legumes except field peas & field beans and in the case of fodder radish

One plant in 30 square metresOne plant in 10 square metres

(c)In the case of smooth stalked meadowgrass

(i)apomictic uniclonal varieties

One plant in 20 square metresSix plants in 10 square metres

(ii)all varieties except apomictic uniclonal varieties

One plant in 20 square metresFour plants in 10 square metres

Plants of other species, the seeds of which are difficult to distinguish from the crop seeds in a laboratory test, shall be at a low level and in particular the number of plants of a ryegrass species or festulolium, other than the crop species itself, shall not exceed–

In Crops to Produce

Basic Seed

Certified Seed

In the case of perennial, Italian & hybrid ryegrass and festuloliumOne plant in 50 square metresOne plant in 10 square metres

Commencement Information

I8Sch. 4 para. 9 in force at 1.7.2005, see reg. 1(1)

Crop conditions for Pre basic SeedS

10.  For the purpose of determining whether a crop from which Pre basic Seed is to be produced meets the conditions specified in this Part of this Schedule, the crop from which such seed is to be produced shall be treated in the same way as a crop from which Basic Seed is to be produced.

Commencement Information

I9Sch. 4 para. 10 in force at 1.7.2005, see reg. 1(1)

PART IISCONDITIONS RELATING TO BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION, CERTIFIED SEED OF THE SECOND GENERATION AND COMMERCIAL SEED

Standards for varietal purityS

11.—(1) The seed shall possess sufficient varietal identity and varietal purity and in particular seed of the species and category specified in Column 1 of the following table shall possess at least the percentage of minimum varietal purity specified in the corresponding entry in column 2 of the table–

Species and category

Percentage of minimum varietal purity

Column 1

Column 2

(a)Fodder kale, apomictic uniclonal varieties of smooth-stalked meadowgrass and swede–

(i)Basic Seed

99.7

(ii)Certified Seed

98.0

(b)Field beans and field peas–

(i)Basic Seed

99.7

(ii)Certified Seed of the First Generation

99.0

(iii)Certified Seed of the Second Generation

98.0

(2) For the purposes of paragraph (1), the minimum varietal purity of seed shall be examined mainly in official field inspections carried out in accordance with conditions specified in Part I of this Schedule.

Commencement Information

I10Sch. 4 para. 11 in force at 1.7.2005, see reg. 1(1)

[F5Pests in the seedS

12.(1) The seed must be practically free from any pests which reduce the usefulness and quality of the seed.

(2) The seed must also comply with the requirements concerning [F6GB] quarantine pests, [F7PFA] quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as the measures adopted pursuant to Article 30(1) of that Regulation.

(3) The presence of RNQPs on the seeds and the respective categories must comply with the requirements set out in the following table—

RNQPs or symptoms caused by RNQPsPlants for planting (genus or species)Thresholds for pre-basic seedThresholds for basic seedThresholds for certified seed
Clavibacter michiganensis ssp. insidiosus (McCulloch 1925) Davis et al. [CORBIN]Lucerne0%0%0%
Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]Lucerne0%0%0%]

Standards for germination, analytical purity and content of seed of other plant speciesS

13.  The seed shall conform to the standards or other conditions as regards germination, analytical purity and the content of seeds of other plant species specified in the following table–

TABLE I

Species

Minimum germination (% by number of pure seeds or pure pellets)(a)

Maximum hard seed content (% by number of pure seeds or pure pellets)

Minimum analytical purity (% by weight)

Maximum total content of seeds of other plant species (% by weight)

Basic Seed and Certified Seed

Basic Seed and Certified Seed

Basic Seed and Certified Seed (minimum standard)

Certified Seed (Higher Voluntary Standard)

Basic Seed

Certified Seed (minimum standard)

Certified Seed (Higher Voluntary Standard)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(a)

All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.

(b)

Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.

(c)

Including Commercial Seed.

(d)

For Commercial Seed 3.5%.

n/a

Not applicable (no standard).

Grasses

Cocksfoot80n/a90900.31.51.5
Festulolium75n/a96980.31.51.5
Hybrid ryegrass75n/a96980.31.51.5
Italian ryegrass75n/a96980.31.51.5
Meadow fescue80n/a95980.31.51.5
Perennial ryegrass80n/a96980.31.51.5
Red fescue75n/a90950.31.51.5
Smooth-stalked meadowgrass75n/a85900.32.01.5
Tall fescue80n/a95980.31.51.5
Timothy (including small Timothy)80n/a96980.31.51.5

Legumes

Lucerne80(b)4097980.31.51.5
Red clover80(b)2097980.31.51.5
Sainfoin75(b) (c)20(c)95(c)980.32.5(d)1.5
White clover80(b)4097980.31.51.5
TABLE II

Species

Minimum germination (% by number of pure seeds or pure pellets)(a)

Maximum hard seed content (% by number of pure seeds or pure pellets)

Minimum analytical purity (% by weight)

Maximum total content of seeds of other plant species (% by weight)

All categories

All categories

All categories

Basic Seed

Certified Seed, Certified Seed of the First and Second Generations

(1)

(2)

(3)

(4)

(5)

(6)

(a)

All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.

(b)

Up to the maximum content indicated in column (3), hard seeds present shall be considered as seeds capable of germination.

(c)

For Commercial Seed 97%.

(d)

For Commercial Seed 2.0%.

(e)

For Commercial Seed 3.0%.

n/a

Not applicable (no standard).

Grasses

Alaska brome-grass75n/a970.41.5
Annual meadowgrass75n/a850.32.0(e)
Brown top75n/a900.32.0
Creeping bent75n/a900.32.0
Red top80n/a900.32.0
Rescue grass75n/a970.41.5
Rough-stalked meadowgrass75n/a850.32.0
[F8Fine leaved sheep’s fescue 75n/a850.32.0]
[F8Hard fescue75n/a850.32.0]
Sheep’s fescue75n/a850.32.0
Tall oatgrass75n/a900.33.0
Velvet bent75n/a900.32.0
Wood meadowgrass75n/a850.32.0

Legumes

Aliske clover80(b)20970.31.5
Birdsfoot trefoil75(b)40950.31.8
Common vetch85(b)20980.31.0
Field bean80(b)5980.30.5
Field pea80n/a980.30.5
Hairy vetch85(b)20980.31.0
Hungarian vetch85(b)2098(c)0.31.0(d)
Narrow-leaved lupin (Blue lupin)75(b)20 [F998 (c)]0.30.5
Trefoil80(b)20970.31.5
White lupin80(b)20 [F998 (c)]0.30.5
Yellow lupin80(b)20 [F998 (c)]0.30.5

Others

Fodder kale75n/a980.31.0
Fodder radish80n/a970.31.0
Swede80n/a980.31.0

Textual Amendments

Commencement Information

I12Sch. 4 para. 13 in force at 1.7.2005, see reg. 1(1)

Standards regarding content of seeds of other plant speciesS

14.  The seeds shall comply, where appropriate, with the standards in the following tables and where number standards are indicated a sample of the size indicated in column 2 shall be examined–

TABLE I

Maximum permitted content of seed impurities (by number or as a percentage by weight)

Species

Weight of sample for deter-mination of foreign seeds by number (grams)

Avena fatua, [F10Avena sterilis] (Wild oat) or Cuscuta spp. (Dodder)

Rumex spp. (Docks, Sorrels) excluding R.acetosella (Sheep’s sorrel) and R.maritimus (Golden dock)

Alopecurus myosuroides (Blackgrass)

[F11Elytrigia repens] (Couch)

Melilotus spp. (Sweetclovers)

Maximum content of any one other plant species

Basic Seed

Certified Seed

Basic Seed

Certified Seed

Basic Seed

Certified Seed

Basic Seed

Certified Seed

Basic Seed

Certified Seed

Basic Seed

Certified Seed

Minimum Standard and Higher Voluntary Standard

Minimum Standard

Higher Voluntary Standard

Minimum Standard

Higher Voluntary Standard

Minimum Standard

Higher Voluntary Standard

Minimum Standard and Higher Voluntary Standard

Minimum Standard

Higher Voluntary Standard

Species

Weight of sample for determination of foreign seeds by number (grams)

Number

Number

Number

Number

Number

Number

%

Number

Number

%

Number

Number

%

Number

%

%

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

(a)

For Certified Seed, minimum standard, 1 seed of dodder in a sample of the size specified in column (2) shall not be regarded as an impurity if a second sample of the same weight is free from dodder.

(b)

There shall be no more than 80 seeds of meadowgrasses in a sample of the size specified in column (2).

(c)

There shall be no more than 0.4% by weight of annual meadowgrass.

(d)

There shall be no more than 0.3% by weight of bentgrasses.

(e)

There shall be no more than 0.3% by weight of ryegrasses.

(f)

There shall be no more than 0.3% by weight of rough-stalked meadowgrass.

(g)

For Certified Seed, Higher Voluntary Standard, of red fescue, there shall be no more than a total of 4 seeds of ryegrass, cocksfoot and meadow fescue in a sample of the size specified in column 2.

(h)

One seed of sweetclover in a sample of the size specified in column 2 shall not be regarded as an impurity if a second sample of twice that size is free from seed of sweetclovers.

(j)

Including Commercial Seed.

(k)

In Certified Seed there shall be no more than 0.8% by weight of seeds of other meadowgrasses.

(l)

In Certified Seed there shall be no more than 0.4% by weight of seeds of other meadowgrasses.

(m)

In Basic seed of meadowgrass there shall be no more than 1 seed of meadowgrasses other than the species being examined, in a sample of 500 seeds.

(n)

For Commercial Seed 2.0%.

n/a

Not applicable (no standard).

Grasses

Cocksfoot3000(a)25550.31050.310n/an/a20(b)1.00.5
Festulolium6000(a)25550.31050.510n/an/a20(b)1.00.5(c),(f)
Hybrid ryegrass6000(a)25550.31050.510n/an/a20(b)1.00.5(c),(f)
Italian ryegrass6000(a)25550.31050.510n/an/a20(b)1.00.5(c),(f)
Meadow fescue5000(a)25550.31050.510n/an/a20(b)1.00.5(e),(f)
Perennial ryegrass6000(a)25550.31050.510n/an/a20(b)1.00.5(b),(f)
Red fescue3000(a)25550.31050.510n/an/a20(b)1.00.5(f),(g)
Smooth-stalked meadowgrass500(a)12210.3310.33n/an/a20(m)1.0(k)0.5(l)
Tall fescue5000(a)25550.31050.510n/an/a20(b)1.00.5(e),(f)
Timothy (including Small Timothy)1000(a)25410.31010.310n/an/a201.00.5(d)

Legumes

Lucerne500031010n/an/a10n/an/a100(h)0.3201.00.5
Red clover500051010n/an/a10n/an/a100(h)0.3201.00.5
Sainfoin Seed/Fruit400/60000(j)25(j)5n/an/a(j)10n/an/a(j)1000.3(j)201.0(n)0.5
White clover200051010n/an/a10n/an/a100(h)0.3201.00.5
TABLE II

Maximum permitted content of seed impurities (by number or as a percentage by weight)

Species

Weight of sample for determination of foreign seeds by number

Avena fatua, [F12Avena sterilis] (Wild oat) Cuscuta spp. (Dodder)

Rumex spp. (Docks, Sorrels) excluding R.acetosella (Sheep’s sorrel) and R.maritimus (Golden dock)

Alopecurus myosuroides (Blackgrass)

[F13Elytrigia repens] (Couch)

Melilotus spp. (Sweetclovers)

Maximum content of any one other plant species

Other Require-ments

Basic Seed

All other categories

Basic Seed

All other categories

Basic Seed

All other categories

Basic Seed

All other categories

Basic Seed

All other categories

Basic Seed

Certified Seed or Certified 1 st or 2nd Generations

(grams)

Number

Number

Number

Number

Number

%

Number

%

%

%

Number

%

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(a)

The presence of a maximum of 80 seeds of meadowgrasses in a sample of the size specified in column (2) shall not be regarded as an impurity.

(b)

One seed of sweetclovers in a sample of the size specified in column (2) shall not be regarded as an impurity if a second sample of twice that size is free from seed of sweetclovers.

(c)

One seed of dodder in a sample of the size specified in column (2) shall not be regarded as an impurity if a second sample of the same weight is free from dodder.

(d)

A maximum of 2 seeds of wild oat in a sample of the size specified in column (2) shall not be regarded as an impurity if a second sample of the same weight is free from wild oat.

(e)

In Basic Seed of meadowgrass there shall be no more than 1 seed of meadowgrass other than the species being examined in a sample of 500 seeds.

(f)

In Certified Seed of meadowgrass a maximum of 0.8% by weight of seeds of other meadowgrasses shall not be regarded as an impurity.

(g)

In Commercial Seed 10 % by weight of other species of meadowgrass shall not be regarded as an impurity.

(h)

The presence of a maximum of 1.0% by weight of seeds of red clover shall not be regarded as an impurity.

(j)

The presence of a maximum of 0.5% by weight in total of seeds of white, narrow-leaved (blue) and yellow lupins, Hungarian, common and hairy vetch, field pea and field bean in another relevant species shall not be regarded as an impurity (including Commercial Seed of Hungarian vetch).

(k)

In Basic Seed of lupins the presence of bitter lupins in sweet varieties shall not exceed 1.0%. In Certified Seed of lupins the presence of bitter lupin seeds in sweet varieties shall not exceed 2.5% and the presence of seeds of another colour shall not exceed 2.0% in bitter lupins and 1.0% in other lupins. In Commercial Seed of lupins [F14the presence of seeds of another colour shall not exceed 4.0% in bitter lupins and 2.0% in other lupins].

(l)

In Commercial Seed the presence of a maximum of 6% by weight in total seeds of other species of vetch shall not be regarded as an impurity.

(m)

For all categories there shall be no more than a maximum of 0.3% by weight of Raphanus raphanistrum (wild radish) or Sinapis arvensis (charlock).

(n)

For Commercial Seed 2.0%.

(p)

For Commercial Seed 1.5%.

(q)

The prescribed maximum percentage by weight of seeds of a single species shall not apply to seeds of meadowgrasses.

n/a

Not applicable (no standard).

Grasses

Alaska brome-grass2000(c),(d)0(c),(d)51050.350.5n/an/a201.0n/a
Annual meadowgrass1000(c)1510.310.3n/an/a20(e)1.0(f),(n)(g)
Brown top500(c)1210.310.3n/an/a201.0n/a
Creeping bent500(c)1210.310.3n/an/a201.0n/a
Red top500(c)1210.310.3n/an/a201.0n/a
Rescue grass2000(c),(d)0(c),(d)51050.350.5n/an/a201.0n/a
Rough-stalked meadowgrass500(c)1210.310.3n/an/a20(e)1.0(f)n/a
[F15Fine leaved sheep’s fescue 30 0 0(c) 2 5 50.350.5n/an/a20(a)1.0n/a]
[F15Hard fescue3000(c)2550.350.5n/an/a20(a)1.0n/a]
Sheep’s fescue3000(c)2550.350.5n/an/a20(a)1.0n/a
Tall oatgrass800(c),(d)0(c),(d)2550.350.5n/an/a20(a)1.0(q)n/a
Velvet bent500(c)1210.310.3n/an/a201.0n/a
Wood meadowgrass500(c)1210.310.3n/an/a20(e)1.0(f)n/a

Legumes

Alsike clover2000310n/an/an/an/a0(b)0.3201.0n/a
Birdsfoot trefoil3000310n/an/an/an/a0(b)0.3201.0(h)n/a
Common vetch1,0000025n/an/an/an/a00.3200.5(j)n/a
Field bean1,0000025n/an/an/an/a00.3200.3n/a
Field pea1,0000025n/an/an/an/a00.3200.3n/a
Hairy vetch1,0000025n/an/an/an/a00.3200.5(j)n/a
Hungarian vetch1,0000025n/an/an/an/a00.3200.5(j),(p)(l)
Narrow-leaved lupin (Blue lupin)1,0000025n/an/an/an/a00.3200.3(j)(k)
Trefoil5000510n/an/an/an/a0(b)0.3201.0n/a
White lupin1,0000025n/an/an/an/a00.3200.3(j)(k)
Yellow lupin1,0000025n/an/an/an/a00.3200.3(j)(k)

Others

Fodder kale10000(c)310n/an/an/an/an/an/a200.5(m)
Fodder radish3000025n/an/an/an/an/an/a200.5(m)
Swede10000(c)25n/an/an/an/an/an/a200.5(m)

Textual Amendments

F14Words in sch. 4 para. 14 Table 2 footnote (k) substituted (30.6.2010) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2010 (S.S.I. 2010/219), regs. 1(2), 8(b)(iv)

Commencement Information

I13Sch. 4 para. 14 in force at 1.7.2005, see reg. 1(1)