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The Fodder Plant Seed (Scotland) Regulations 2005

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Regulations 2(1) and(2), 5(1), 8(2) and 12(1)

[F1SCHEDULE 1SSPECIES OF SEED TO WHICH THE REGULATIONS APPLY

Column 1

Column 2

Common Name

Latin Name

GrassesPoaceae (Gramineae)
Alaska brome-grass Bromus sitchensis Trin.
Annual meadowgrass Poa annua L.
Brown top Agrostis capillaris L.
Cocksfoot* Dactylis glomerata L.
Creeping bent Agrostis stolonifera L.
Festulolium xFestulolium Asch. & Graebn. – Hybrids resulting from crossing of a species of the genus Festuca with a species of the genus Lolium
Fine leaved sheep’s fescue Festuca filiformis Pourr.
Hard fescue Festuca trachyphylla (Hack.) Krajina
Sheep’s fescue Festuca ovina L.
Hybrid ryegrass* [F2Lolium x hybridum Hausskn]
Italian ryegrass (including Westerwolds ryegrass)* Lolium multiflorum Lam.
Meadow fescue* Festuca pratensis Huds.
Perennial ryegrass* Lolium perenne L.
Red fescue (including Chewings fescue)* Festuca rubra L.
Red top Agrostis gigantea Roth
Rescue grass Bromus catharticus Vahl.
Rough-stalked meadowgrass Poa trivialis L.
Small Timothy* Phleum nodosum L.
Smooth-stalked meadowgrass* Poa pratensis L.
Tall fescue* Festuca arundinacea Schreber
Tall oatgrass Arrhenatherum elatius (L.) P. Beauv. ex J. Presl & C. Presl
Timothy* Phleum pratense L.
Velvet bent Agrostis canina L.
Wood meadowgrass Poa nemoralis L.
LegumesFabaceae (Leguminosae)
Alsike clover Trifolium hybridum L.
Birdsfoot trefoil Lotus corniculatus L.
Common vetch Vicia sativa L.
Field bean Vicia faba L. (partim)
Field pea Pisum sativum L. (partim)
Hairy vetch Vicia villosa Roth
Hungarian vetch Vicia pannonica Crantz
Lucerne* Medicago sativa L.
Sand lucerne* Medicago x varia T. Martyn
Narrow-leaved lupin (Blue lupin) Lupinus angustifolius L.
Red clover* Trifolium pratense L.
Sainfoin* Onobrychis viciifolia Scop.
Trefoil, Black medick Medicago lupulina L.
White clover* Trifolium repens L.
White lupin Lupinus albus L.
Yellow lupin Lupinus luteus L.
Others
Fodder kale Brassica oleracea L. convar. acephala (DC.) Alef. var. medullosa Thell. + var. varidis L.
Fodder radish Raphanus sativus L. var. oleiformis Pers.
Swede Brassica napus L. var. napobrassica (L.) Rchb.]

* denotes species to which Higher Voluntary Standards may be applied.

Regulations 2(1), 6(3), 11(1), 14(2), 20(2) and 22(5)

SCHEDULE 2SOFFICIAL CERTIFICATES AND BREEDER'S CONFIRMATIONS

PART ISOFFICIAL CERTIFICATES

Applications for seed harvested in the United KingdomS

1.  On receipt of an application made in accordance with regulation 14(1)F3... for the issue of an official certificate in respect of a seed lot as Pre-basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed, the Scottish Ministers shall, subject to paragraphs 2 and 3, issue in respect of such a seed lot an official certificate containing the particulars specified in paragraph 1 of Schedule 3.

Textual Amendments

Commencement Information

I1Sch. 2 para. 1 in force at 1.7.2005, see reg. 1(1)

When applications will be refusedS

2.—(1) The Scottish Ministers shall refuse to issue an official certificate in respect of a seed lot unless–

(a)an application has been made to the Scottish Ministers, in writing in such form and manner and at such time as the Scottish Ministers may require, and has been accompanied by such information, material, records, illustrations and other documents as they may require, in respect of–

(i)the seed lot or seed lots to be used for the production of the crop or crops from which is to be or has been obtained the seed lot in respect of which the application for an official certificate has been made; and

(ii)the crop or crops from which the seed lot is to be or has been obtained;

(b)an official examination of the crop or crops from which was obtained the seed lot in respect of which the application for an official certificate has been made has shown that the crop or crops met the standards appropriate to the category of seed referred to in the application specified in Part I of Schedule 4; and

(c)an official examination of a sample of the seed lot has shown that the seed lot meets the standards appropriate to the relevant category of seed referred to in the application specified in Part II of Schedule 4,

except that–

(i)paragraphs 2(1)(a) and (b) shall not apply in relation to an application for the issue of an official certificate in respect of Commercial Seed; and

(ii)paragraph 2(1)(c), in so far as it relates to standards of percentage of germination specified in paragraph 13 of Part II of Schedule 4, shall not apply in relation to an application for the issue of an official certificate in respect of lower germination seed.

(2) Notwithstanding sub paragraph (1), the Scottish Ministers shall refuse to issue an official certificate certifying a seed lot either as–

(a)Basic Seed if the seed lot was certified at the time of the relevant application as Seed of a Certified Generation; or

(b)Pre basic Seed if the seed lot was certified at the time of the relevant application as either Basic Seed or Seed of a Certified Generation,

unless the application is accompanied by the written consent of the Breeder.

Commencement Information

I2Sch. 2 para. 2 in force at 1.7.2005, see reg. 1(1)

When applications may be refusedS

3.  The Scottish Ministers may refuse to issue an official certificate in respect of a seed lot if it appears to them that–

(a)a sample taken from the seed lot for the purpose of an official examination to ascertain whether the seed lot meets the appropriate standards specified in Part II of Schedule 4 has not been taken in accordance with regulation 15(1);

(b)an official examination of a control plot sown with a sample of the seed lot sown in the field shows that the crop does not meet the appropriate standards specified in Part I of Schedule 4; or

(c)there has been any breach of seeds regulations in relation to the seed lot in respect of which the application for an official certificate has been made.

Commencement Information

I3Sch. 2 para. 3 in force at 1.7.2005, see reg. 1(1)

[F4Applications for seed harvested outside the United KingdomS

4.(1) Notwithstanding paragraphs 2 and 3, and subject to sub-paragraphs (2) and (3), on receipt of an application made in accordance with regulation 14(1) for the issue of an official certificate in respect of a seed lot as Pre basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed, the Scottish Ministers may issue an official certificate in respect of the seed lot containing the particulars specified in paragraph 1 of Schedule 3.

(2) An official certificate may only be issued under sub-paragraph (1) if—

(a)the seed has been—

(i)produced directly from—

(aa)fully certified Basic Seed or Certified Seed of the First Generation, or

(bb)seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed or Certified Seed of the First Generation in accordance with these Regulations,

(ii)harvested outside the United Kingdom, and

(iii)shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of schedule 4 for the relevant category of seed;

(b)the seed has been—

(i)produced directly from the crossing of fully certified Basic Seed with seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Basic Seed in accordance with these Regulations,

(ii)harvested outside the United Kingdom, and

(iii)shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed; or

(c)the seed—

(i)is to be certified by the Scottish Ministers as Basic Seed,

(ii)has been produced directly from—

(aa)fully certified Pre-basic Seed, or

(bb)seed certified in the United Kingdom, a Crown Dependency (provided the seed has been produced under legislation recognised by the Scottish Ministers to have equivalent effect to these Regulations) or a country granted equivalence, which is permitted to be sold as Pre-basic Seed in accordance with these Regulations,

(iii)has been harvested outside the United Kingdom, and

(iv)has been shown on official examination, or, in the case of seed certified in a country granted equivalence, on official field inspection, to have satisfied the conditions specified in Part II of Schedule 4 for the relevant category of seed.

(3) In the case of seed which has been harvested in a country granted equivalence, an official certificate may only be issued under sub-paragraph (1) provided that—

(a)the seed has been harvested from a crop which has been found by official field inspection to satisfy the crop conditions specified in Part 1 of schedule 4 (crop standards); and

(b)has been packed in a sealed package in accordance with the requirements of regulation 16 (sealing of packages of fully certified seed) and has been labelled in accordance with the requirements of regulation 17 (labelling of packages of fully certified seed) and schedule 6.]

PART IISBREEDER'S CONFIRMATIONS

ApplicationsS

5.  On receipt of an application made in accordance with regulation 20(1) for the issue of a breeder’s confirmation in respect of a seed lot, as Pre-basic Seed or Basic Seed, the Scottish Ministers shall, subject to paragraphs 6 and 7, issue in respect of that seed lot a breeder’s confirmation containing the particulars specified in paragraph 2 of Schedule 3.

Commencement Information

I4Sch. 2 para. 5 in force at 1.7.2005, see reg. 1(1)

When applications will be refusedS

6.  The Scottish Ministers shall refuse to issue a breeder’s confirmation in respect of a seed lot unless–

(a)an application has been made to the Scottish Ministers in writing in such form and manner and at such time as the Scottish Ministers may require, and has been accompanied by such information, material, records, illustrations and other documents as they may require, in respect of–

(i)the seed lot or seed lots to be used for the production of the crop or crops from which is to be or has been obtained the seed lot in respect of which the application for a breeder’s confirmation has been made; and

(ii)the crop or crops from which the seed lot is to be or has been obtained;

(b)an official examination of the crop or crops from which was obtained the seed lot in respect of which the application for a breeder’s confirmation has been made has shown that the crop or crops meet the standards specified in Part I of Schedule 4 appropriate to the category referred to in the application; and

(c)an official examination of a sample taken from the seed lot has shown that the seed lot meets the standards specified in Part II of Schedule 4 appropriate to the relevant category of seed referred to in the application except that a breeder’s confirmation can be issued for Pre-basic Seed or Basic Seed in respect of seed which attains a lower percentage of germination than that specified in paragraph 13 of Part II of Schedule 4.

Commencement Information

I5Sch. 2 para. 6 in force at 1.7.2005, see reg. 1(1)

When applications may be refusedS

7.  The Scottish Ministers may refuse to issue a breeder’s confirmation in respect of a seed lot if it appears to them that–

(a)a sample taken from the seed lot for the purpose of an official examination to ascertain whether the seed lot meets the appropriate standards specified in Part II of Schedule 4 has not been taken in accordance with regulation 15(1);

(b)an official examination of a control plot sown with a sample of the seed lot sown in the field shows that the crop does not meet the appropriate standards specified in Part I of Schedule 4;

(c)there has been a breach of seeds regulations in relation to the seed lot in respect of which application for a breeder’s confirmation has been made; or

(d)the breeder applying for the breeder’s confirmation in respect of the seed lot notifies them that the application to have the relevant variety or hybrid variety accepted on to a [F5GB Variety List or an NI Variety List] has been withdrawn or refused.

Regulation 2(1), paragraphs 1 and 4 of Part I of Schedule 2 and paragraph 5 of Part II of Schedule 2

SCHEDULE 3S[F6PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE, A BREEDER’S CONFIRMATION OR AN AUTHORISATION TO MARKET A PRESERVATION MIXTURE]

Particulars to be specified in an official certificateS

1.  The following particulars shall be specified in an official certificate–

(a)name and address of certifying authority;

(b)applicant’s name, address and, if appropriate, [F7registered or licensed number];

(c)seed lot reference number;

(d)species/variety/category/level, as appropriate;

(e)net weight of seed lot and number of containers;

(f)seed treatment, if any; and

(g)if the seed is Pre basic Seed or Basic Seed and the seed attains a lower percentage of germination than that specified in paragraph 13 of Part II of Schedule 4, a statement to that effect.

Textual Amendments

Commencement Information

I7Sch. 3 para. 1 in force at 1.7.2005, see reg. 1(1)

Particulars to be specified in a breeder’s confirmationS

2.  The following particulars shall be specified in a breeder’s confirmation–

(a)name and address of issuing authority;

(b)applicant’s name, address and, if appropriate, [F8registered or licensed number];

(c)seed lot reference number;

(d)species/variety, or AFP number and breeder’s designation, if appropriate/category, as appropriate;

(e)net weight of seed lot and number of containers;

(f)seed treatment, if any;

(g)statement that the breeder’s confirmation does not constitute an official certificate and does not permit marketing of the seed; and

(h)if the seed is Pre basic Seed or Basic Seed and the seed attains a lower percentage of germination than that specified in paragraph 13 of Part II of Schedule 4, a statement to that effect.

Textual Amendments

Commencement Information

I8Sch. 3 para. 2 in force at 1.7.2005, see reg. 1(1)

[F9Particulars to be specified in an authorisation to market a preservation mixtureS

3.(1) The following particulars must be specified in an authorisation to market a preservation mixture—

(a)name and address of producer;

(b)harvesting method: directly harvested or crop-grown;

(c)subject to sub-paragraph (2), percentage by weight of constituents as species and, where relevant, subspecies;

(d)in the case of crop-grown preservation mixtures, a specific germination rate for constituents of the mixture which are specified in Schedule 1 and which do not comply with the germination requirements for Commercial Seed set out in Part II of Schedule 4;

(e)quantity of the mixture to which the authorisation is to apply;

(f)region of origin;

(g)restriction to marketing in the region of origin;

(h)source area;

(i)collection site, and in the case of a crop-grown preservation mixture, in addition the multiplication site;

(j)habitat type of the collection site; and

(k)year of collection.

(2) For directly harvested preservation mixtures, it suffices to give those constituents as species and, where relevant subspecies, which are typical for the habitat type of the collection site and which are, as constituents of the mixture, of importance for the preservation of the natural environment in the context of the conservation of genetic resources.]

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

I9Sch. 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 [F10GB 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

I11Sch. 4 para. 3 in force at 1.7.2005, see reg. 1(1)

[F11Pests 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 [F12GB] quarantine pests, [F13PFA] 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

I12Sch. 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

I13Sch. 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

I14Sch. 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

I15Sch. 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

I16Sch. 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

I17Sch. 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

I18Sch. 4 para. 11 in force at 1.7.2005, see reg. 1(1)

[F14Pests 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 [F15GB] quarantine pests, [F16PFA] 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
[F17Fine leaved sheep’s fescue 75n/a850.32.0]
[F17Hard 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 [F1898 (c)]0.30.5
Trefoil80(b)20970.31.5
White lupin80(b)20 [F1898 (c)]0.30.5
Yellow lupin80(b)20 [F1898 (c)]0.30.5

Others

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

Textual Amendments

Commencement Information

I20Sch. 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, [F19Avena 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)

[F20Elytrigia 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, [F21Avena sterilis] (Wild oat) Cuscuta spp. (Dodder)

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

Alopecurus myosuroides (Blackgrass)

[F22Elytrigia 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 [F23the 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
[F24Fine leaved sheep’s fescue 30 0 0(c) 2 5 50.350.5n/an/a20(a)1.0n/a]
[F24Hard 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

F23Words 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

I21Sch. 4 para. 14 in force at 1.7.2005, see reg. 1(1)

Regulations 6, 9B and 14

[F25SCHEDULE 4ASSTANDARDS FOR CERTIFICATION OF CONSERVATION VARIETIES

PART ISOFFICIAL CERTIFICATES

Applications for seed harvested in the United KingdomS

1.  On receipt of an application made in accordance with regulation 14(1) in respect of seed of a Conservation Variety for the issue of an official certificate in respect of that Conservation Variety, the Scottish Ministers shall, subject to paragraphs 2 and 3, issue in respect of such a seed lot an official certificate containing the particulars specified in Part II of this Schedule.

When applications will be refusedS

2.  The Scottish Ministers shall refuse to issue an official certificate in respect of a seed lot of a Conservation Variety unless–

(a)an application has been made to the Scottish Ministers, in writing in such form and manner and at such time as the Scottish Ministers may require, and has been accompanied by such information, material, records, illustrations and other documents as they may require, in respect of–

(i)the seed lot or seed lots to be used for the production of the crop or crops from which is to be or has been obtained the seed lot in respect of which the application for an official certificate has been made; and

(ii)the crop or crops from which the seed lot is to be or has been obtained;

(b)an examination of a sample of the seed lot has shown that the seed lot meets the standards appropriate to the relevant category of seed referred to in the application specified in paragraph 1 of Part IV of this Schedule.

When applications may be refusedS

3.  The Scottish Ministers may refuse to issue an official certificate in respect of a seed lot if it appears to them that–

(a)a sample taken from the seed lot for the purposes of an examination to ascertain whether the seed lot meets the appropriate standards in Part IV of this Schedule has not been taken in accordance with regulation 15(1A);

(b)an examination of a post control plot sown with a sample of the seed lot shows that the crop does not meet the appropriate standards specified in Part III of this Schedule;

(c)there has been any breach of seeds regulations in relation to the seed lots in respect of which the application for an official certificate has been made.

PART IISPARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE

The following particulars shall be specified in an official certificate–

(a)name and address of certifying authority;

(b)applicant’s name, address and, if appropriate, [F26registered or licensed number];

(c)seed lot reference number;

(d)species and variety;

(e)net weight of seed lot and number of containers;

(f)seed treatment, if any; and

(g)the region of origin/region of seed production (if applicable) of the Conservation Variety.

PART IIISCONDITIONS RELATING TO CROPS FROM WHICH SEED IS OBTAINED

Varietal identity and varietal purityS

1.  The characteristics used for the determination of varietal identity and varietal purity shall be those to which regard was had when the Conservation Variety was accepted on to the relevant [F27GB Variety List or NI Variety List].

Harmful organisms in the cropS

2.  Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

PART IVSCONDITIONS RELATING TO SEED OF A CONSERVATION VARIETY

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

1.  The seed shall conform to the minimum F28... standard for the final germination of that species as listed in paragraphs 13 and 14 of Part II of Schedule 4 as regards germination, analytical purity and the content of seeds of other plant species.

Harmful organisms in the seedS

2.  Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

Varietal purityS

3.  The seed shall have sufficient varietal purity.

PART VSEXAMINATIONS

All examinations used to ascertain whether crops or seed lots meet the standards specified in this Schedule shall be carried out in accordance with current international methods insofar as such methods exist.]

Regulation 8A(4)

[F29SCHEDULE 4BSRequirements for preservation mixtures

PART ISConditions for directly harvested preservation mixtures

1.  The percentage of the constituents of the mixture that are species and, where relevant, subspecies, typical for the habitat type of the collection site is adequate for the purpose of recreating the habitat type of the collection site.S

2.  The germination rate of the constituent in paragraph 1 is sufficient for the purpose of recreating the habitat type of the collection site.S

3.  The maximum content of species which do not comply with paragraph 1 does not exceed 1% of the weight of a submitted sample.S

4.  The mixture does not contain Avena fatua, Avena sterilis or Cuscuta spp..S

5.  The maximum content of Rumex spp., other than Rumex acetosella and Rumex maritimus, does not exceed 0.05% of the weight of a submitted sample.S

PART IISConditions for crop-grown preservation mixtures

1.  The constituents are species which are typical for the habitat type of the collection site and, as constituents of the mixture, important for the preservation of the natural environment in the context of conservation of genetic resources.S

2.  Each constituent of the mixture has been multiplied for no more than five generations.S

PART IIISExaminations

1.  All visual inspections and examinations used to ascertain whether a preservation mixture meets the conditions specified in these Regulations must be carried out in accordance with current international methods insofar as such methods exist.]S

Regulations 2(1), 15(1) and (2) and 24(5) and (6)

SCHEDULE 5S

PART ISSAMPLING OF SEED LOTS

DefinitionsS

1.  In this Part of this Schedule–

“composite sample” means a single sample comprising all of the primary samples taken from a seed lot during a single sampling exercise to produce a submitted sample for the seed lot; and

“primary sample” means a sample taken from a seed lot in accordance with paragraphs 13 to 19 of this Part of this Schedule.

Commencement Information

I22Sch. 5 para. 1 in force at 1.7.2005, see reg. 1(1)

Obtaining a submitted sampleS

2.  A submitted sample shall be obtained from the seed lot by taking primary samples systematically or at random from different positions in the seed lot and combining them to form a composite sample. Where the composite sample is a submitted sample, it may be submitted for an official examination intact or it may be reduced in weight by using one of the instruments referred to in paragraph 20 of this Part of this Schedule in accordance, where appropriate, with the relevant procedures specified in paragraphs 20 to 22 of this Part of this Schedule to give a smaller submitted sample.

Commencement Information

I23Sch. 5 para. 2 in force at 1.7.2005, see reg. 1(1)

Primary sample sizeS

3.  At each position of sampling of a seed lot, primary samples of approximately equal size shall be taken.

Commencement Information

I24Sch. 5 para. 3 in force at 1.7.2005, see reg. 1(1)

Condition of the seed lotS

4.  The seed lot to be sampled shall be a homogeneous seed lot.

Commencement Information

I25Sch. 5 para. 4 in force at 1.7.2005, see reg. 1(1)

Seed lot containersS

5.  If a seed lot is presented for sampling in more than one container, the containers shall be of the same size and type and contain approximately the same weight of seed.

Commencement Information

I26Sch. 5 para. 5 in force at 1.7.2005, see reg. 1(1)

Sampling from sacks – minimum number of containers to be sampledS

6.  When the seed lot is in sacks or similar sized containers each containing at least 15 kilograms of seed and not more than 100 kilograms of seed, the minimum number of containers to be sampled shall be in accordance with the following table–

Number of containers in which the seed lot is contained

Minimum number of containers to be sampled

1–43 primary samples from each container
5–82 primary samples from each container
9–151 primary sample from each container
16–30A total of 15 primary samples with each sample being taken from a different container
31–59A total of 20 primary samples with each sample being taken from a different container
60 or moreA total of 30 primary samples with each sample being taken from a different container

Commencement Information

I27Sch. 5 para. 6 in force at 1.7.2005, see reg. 1(1)

Sampling from sacks or similar containersS

7.  The containers to be sampled shall be selected systematically or at random and primary samples shall be drawn from the top, middle and bottom of containers; and if more than one primary sample is taken from any container then the position from which the seed is taken shall be varied from primary sample to primary sample and from container to container.

Commencement Information

I28Sch. 5 para. 7 in force at 1.7.2005, see reg. 1(1)

Sampling from small containers – generalS

8.  For sampling seed lots in containers holding less than 15 kilograms of seed, a 100 kilogram weight of seed shall be taken as the basic unit and the small containers shall be combined to form sampling units not exceeding this weight (for example 9 packages of 10 kilograms, 20 packages of 5 kilograms) and for sampling purposes each unit shall be regarded as one container and the sampling procedures prescribed in paragraphs 6 and 7 of this Part of this Schedule shall be used.

Commencement Information

I29Sch. 5 para. 8 in force at 1.7.2005, see reg. 1(1)

Sampling from small containers – moisture-proof containersS

9.  When seed is in moisture-proof containers the opened or pierced containers shall be adequately closed or the residues from sampling transferred to new containers.

Commencement Information

I30Sch. 5 para. 9 in force at 1.7.2005, see reg. 1(1)

Sampling from small containers – primary samplesS

10.  When seed is in packets of 100 grams or less each packet may be considered as a primary sample and sufficient packets shall be taken at random to obtain a submitted sample.

Commencement Information

I31Sch. 5 para. 10 in force at 1.7.2005, see reg. 1(1)

Sampling from large containersS

11.  For the sampling of containers holding at least 100 kilograms of seed, primary samples shall be taken from different horizontal and vertical positions selected at random and the minimum number of primary samples to be taken shall be in accordance with the following table–

Seed lot weight (kilograms)

Number of primary samples to be taken

Up to 500At least 5
501–3,0001 for each 300 kilograms but no fewer than 5
3,001–20,0001 for each 500 kilograms but no fewer than 10
20,001 and above1 for each 700 kilograms but no fewer than 40

Commencement Information

I32Sch. 5 para. 11 in force at 1.7.2005, see reg. 1(1)

Sampling of seed lots intended to be Excepted Seed Marketed in BulkS

12.  Random sampling of seed lots of seed which is intended to be Excepted Seed Marketed in Bulk shall be carried out in accordance with the requirements of this Schedule during the filling of the container used by the final consumer and into which the seed is placed.

Commencement Information

I33Sch. 5 para. 12 in force at 1.7.2005, see reg. 1(1)

Sampling from a seed streamS

13.  Primary samples may be drawn from a seed stream during processing using an automatic sampling device, which shall uniformly sample the entire cross-section of the seed stream when a sample is taken. Primary samples of seed shall be taken at regular intervals throughout the processing of the seed lot using the same sampling intensity as specified in paragraph 11 of this Part of this Schedule.

Commencement Information

I34Sch. 5 para. 13 in force at 1.7.2005, see reg. 1(1)

Sampling instruments – generalS

14.  Sampling instruments shall be capable of sampling all parts of the seed lot.

Commencement Information

I35Sch. 5 para. 14 in force at 1.7.2005, see reg. 1(1)

Sampling instruments – instruments and methodsS

15.  Subject to paragraph 16 of this Part of this Schedule, one of the instruments described in paragraph 17 of this Part of this Schedule shall be used, as appropriate to the location of the seed, to draw primary samples in accordance with the relevant methods described in paragraphs 18 and 19 of this Part of this Schedule.

Commencement Information

I36Sch. 5 para. 15 in force at 1.7.2005, see reg. 1(1)

Sampling instruments – power to allow other instruments and methodsS

16.  Where it is not practicable to use any of the instruments described in paragraph 17 of this Part of this Schedule in accordance with the relevant methods described in paragraphs 18 and 19 of this Part of this Schedule, another instrument or method may be used with the written approval of the Scottish Ministers.

Commencement Information

I37Sch. 5 para. 16 in force at 1.7.2005, see reg. 1(1)

Sampling instruments – instruments for drawing primary samplesS

17.  The instruments referred to in paragraph 15 of this Part of this Schedule, to be used for drawing primary samples are as follows–

(a) Dynamic spear sampler

Subject to paragraph 14 of this Part of this Schedule, a dynamic spear sampler may be used, in accordance with the methods described in paragraph 19(a) of this Part of this Schedule, for sampling seed lots in sacks or small containers. It shall be a hollow, cylindrical, solid-pointed metal spear or trier which shall be long enough to reach beyond the middle of the sack from the side and shall have an aperture so positioned that portions of seed of equal volume are removed from each part of the sack through which it travels. In sampling seed lots of the species specified in column 1 of the following table a dynamic spear sampler shall have a point length (a), shoulder length (b), boss length (c), aperture length (d), aperture width (e), bore width (f) and outside diameter (g) as shown in the diagrams below of dimensions no smaller than those specified in the corresponding entries in the table–

Dimensions in millimetres

Species of Seed for which dynamic spear sampler can be used

Point length

Shoulder length

Boss length

Aperture length

Aperture width

Bore width

Outside diameter

(a)

(b)

(c)

(d)

(e)

(f)

(g)

All legumes other than sainfoin, field pea, field bean, lupins and vetches. Meadowgrasses, brown top, creeping bent, red top, velvet bent, Timothy, fodder kale, fodder radish and swede.42782081012
Ryegrasses, festulolium, fescues, cocksfoot, tall oatgrass, rescue grass, Alaska brome-grass, sainfoin and field pea.85121033111315
Field bean, lupins and vetches.82121340151719
(b) Stick samplers

A stick sampler of one of the types described in sub-paragraphs (i) and (ii) may, subject to sub-paragraphs (i) and (ii), be used if it has an aperture or apertures of sufficient size to allow the unrestricted entry of seed and other particles and is capable of being opened and closed during the sampling procedure as appropriate to the method of use described in paragraph 19(b) of this Part of this Schedule.

(i)Single chamber type

Subject to paragraph 14 of this Part of this Schedule, a single chamber type stick sampler may be used to sample seed lots in open sacks or in large containers. In sampling seed lots in open sacks or in large containers, as specified in column 1 of the following table, a single chamber type stick sampler shall have a point length (a), shoulder length (b), sliding sleeve length (c), aperture length (d), aperture width (e) and bore width (f), as shown in the diagrams below, of the dimensions specified in the corresponding entries in the table, or such other dimensions as the Scottish Ministers may approve in writing–

Column 1

Dimensions in millimetres

Type of Container

Point length

Shoulder length

Sliding sleeve length

Aperture length

Aperture width

Bore width

(a)

(b)

(c)

(d)

(e)

(f)

Seed lots in sacks552575502225
Seed lots in large containers or seed in bulk10039063502230

(ii)Multi-chamber type

Subject to paragraph 14 of this Part of this Schedule, a multi chamber type stick sampler may be used to sample seed lots in sacks or any other containers. The apertures shall open into chambers which shall be separated from one another by transverse partitions. The contents of each chamber shall be regarded as a primary sample. The multi-chamber type stick sampler shall have a point length (a), shoulder length (b), aperture length (c), aperture width (d), aperture separation distance (e) and bore width (f), as shown in the diagram below, of the dimensions specified in the following table or such other dimensions as the Scottish Ministers may approve in writing–

Dimensions in millimetres

Point length

Shoulder length

Aperture length

Aperture width

Aperture separation distance

Bore width

(a)

(b)

(c)

(d)

(e)

(f)

60501001511025
(c) Cargo sampler

Subject to paragraph 14 of this Part of this Schedule, a cargo sampler may be used, in accordance with the method described in paragraph 19(c) of this Part of this Schedule, to sample seed lots in large containers and shall only be used in the vertical position.

(d) Seed stream sampler

Subject to paragraph 14 of this Part of this Schedule, a seed stream sampler may be used if it has been approved in writing by the Scottish Ministers and if it uniformly samples the cross section of the seed stream without any loss of the seed and any other particles which enter the seed stream sampler, in accordance with the method described in paragraph 19(d) of this Part of this Schedule. Timing devices shall be attached so that the frequency and duration of sampling can be adjusted to meet the requirements of paragraph 13 of this Part of this Schedule.

Commencement Information

I38Sch. 5 para. 17 in force at 1.7.2005, see reg. 1(1)

Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – generalS

18.  All instruments shall be clean before use.

Commencement Information

I39Sch. 5 para. 18 in force at 1.7.2005, see reg. 1(1)

Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplersS

19.  The methods of using the instruments described in paragraph 17 shall be as follows–

(a) Dynamic spear sampler

Dynamic spear samplers may be used in one of two ways depending on their length–

(i)Method 1

in the case of a dynamic spear sampler in which the aperture reaches only to the centre of the sack or small container–

(aa)the instrument shall be inserted into the sack in an upward direction at an angle of approximately 30º to the horizontal with its aperture downwards until the aperture reaches the centre of the sack or container;

(bb)the instrument shall be lightly tapped to remove any seed taken in and then rotated to bring the aperture uppermost;

(cc)the instrument shall be withdrawn immediately with a vibratory or oscillatory motion and at a decreasing speed so that the quantity of seed and any other particles obtained from successive locations increases progressively from the centre to the side of the sack; and

(dd)seed and any other particles passing through the instrument shall be collected in a clean container.

(ii)Method 2

in the case of a dynamic spear sampler in which the aperture reaches to the far side of a sack or small container–

(aa)the instrument shall be inserted in the manner described in sub-paragraph (i)(aa) until its aperture reaches almost to the far side of the sack or container;

(bb)the instrument shall be tapped and rotated in the manner described in sub-paragraph (i)(bb) and then withdrawn at a uniform speed; and

(cc)the seed and any other particles passing through the instrument shall be collected in a clean container;

(b) Stick samplers

The method of using a single chamber type stick sampler and the method of using a multi chamber type stick sampler are as follows–

(i)Single chamber type stick sampler

in the case of a single chamber type stick sampler–

(aa)the sleeve shall move freely;

(bb)the instrument shall be inserted vertically downwards until the aperture reaches the appropriate primary sampling position ensuring that the sleeve covers the aperture as it enters the seed lot;

(cc)the instrument shall be withdrawn sufficiently to uncover the aperture;

(dd)the instrument shall be left in position until the primary sample has been collected; and

(ee)the instrument shall be withdrawn and the contents emptied into a clean container;

(ii)Multi-chamber type stick sampler

in the case of a multi chamber type stick sampler–

(aa)the apertures shall be closed before insertion;

(bb)the instrument shall be inserted diagonally into sacks or vertically into large containers so that all apertures are fully covered;

(cc)the apertures shall be opened;

(dd)the instrument shall be agitated so that seed and any other particles enter the chambers;

(ee)the apertures shall be closed gently to ensure that trapped seed and any other particles are not broken or damaged;

(ff)the instrument shall be withdrawn and if the chambers are full the contents shall be emptied onto a clean surface or into a clean container; and

(gg)if all the chambers are not full, the contents shall be discarded and the procedures specified in sub-paragraphs (ii)(aa) to (ff) shall be repeated;

(c) Cargo samplers

in the case of a cargo sampler–

(i)the lid shall open and close easily;

(ii)the instrument shall be inserted with the lid closed to the appropriate primary sampling position which shall be at least 300 millimetres below the surface of the seed lot;

(iii)the handle shall be raised sufficiently to open the lid;

(iv)the instrument shall be left in position until the primary sample has been collected;

(v)the instrument shall be withdrawn and the contents shall be emptied into a clean container; and

(vi)if all the chambers are not full, the contents shall be discarded and the procedures specified in sub-paragraph (c)(i) to (v) shall be repeated; and

(d) Seed stream sampler

In the case of a seed stream sampler, the instrument shall take the number of primary samples necessary for the weight of seed lot being sampled, the primary samples being taken from the seed lot at regular intervals and the resultant composite sample being of a weight not less than the minimum weight prescribed in paragraph 26 of Part II of this Schedule and not greater than can conveniently be reduced by means of one of the methods of sample reduction specified in paragraphs 21 and 22. They shall be installed in such a way that the composite sample can be readily identified with the seed lot from which it was taken.

Commencement Information

I40Sch. 5 para. 19 in force at 1.7.2005, see reg. 1(1)

Obtaining a submitted sample – composite sample division instrumentsS

20.  Where the composite sample exceeds the minimum weight prescribed for a sample in paragraph 26 of Part II of this Schedule, any of the following instruments may be used to reduce the weight of the sample–

(a) Riffle divider

(i)the riffle divider shall consist of a rectangular hopper leading to a series of evenly spaced chutes, arranged so that seed is distributed equally on two sides;

(ii)there shall be a minimum of 18 chutes, each discharging in the opposite direction to its immediate neighbour; and

(iii)three (or more) metal collecting vessels (pans) of sufficient depth to prevent seed bouncing out shall be used;

(b) Centrifugal divider

(i)the centrifugal divider shall consist of a hopper from which seed flows on to a shallow cup which is then rotated by an electric motor; and

(ii)the seed shall be distributed by centrifugal force onto a stationary baffle which divides it into two equal parts which are then discharged through separate spouts. Four metal collecting vessels (pans) of sufficient depth to prevent seed bouncing out shall be used;

(c) Other instruments

other instruments and methods may be used with the written approval of the Scottish Ministers.

Commencement Information

I41Sch. 5 para. 20 in force at 1.7.2005, see reg. 1(1)

Method of use of riffle dividerS

21.  The method of using a riffle divider shall be as follows–

(a)the riffle divider shall be placed on a firm level surface;

(b)the riffle divider and pans shall be clean;

(c) Sample mixing

an empty pan shall be placed on each side of the riffle divider to receive the discharge from the chutes;

(d)the entire composite sample shall be poured evenly into the other pan(s);

(e)the seed shall then be poured from the pan(s) evenly along the entire length of the hopper;

(f)the two pans into which the seed has passed shall then be replaced with empty pans;

(g)the procedures specified in sub-paragraphs (e) and (f) shall then be repeated twice to mix the sample thoroughly;

(h) Sample reduction

before reduction, the composite sample shall have been thoroughly mixed using the procedures specified in sub-paragraphs (c) to (g). The contents of one of the two receiving pans shall then be set aside. If the seed and any other particles in the second pan is of at least the minimum weight prescribed in paragraph 26 of Part II of this Schedule for a sample, it may be used as a submitted sample. If the weight of seed in the second pan is greater than the minimum weight prescribed in paragraph 26 of Part II of this Schedule for a sample, it may be reduced using the procedures specified in sub paragraphs (i) to (k);

(i)an empty pan shall be placed on each side of the divider to receive the discharge from the chutes;

(j)the contents of the second pan shall be poured evenly along the entire length of the hopper;

(k)the contents of one of the two pans into which the seed and other particles have passed shall then be set aside. If the weight of seed and other particles in the other pan is still greater than the minimum weight prescribed in paragraph 26 of Part II of this Schedule for a sample, it may be used as a submitted sample intact or it may be reduced further using the procedures specified in sub-paragraphs (i) to (k);

(l)if the weight of seed and other particles in either of the two pans set aside in the procedures specified either in sub-paragraph (h) or sub-paragraph (k) is less than the minimum weight prescribed in paragraph 26 of Part II of this Schedule for a sample, the procedures specified in sub-paragraphs (m) to (q) shall be used;

(m)an empty pan shall be placed on each side of the divider to receive the discharge from the chutes;

(n)the contents of one of the pans shall be set aside. The contents of the other pan shall be poured evenly along the entire length of the hopper;

(o)one receiving pan and its contents shall then be removed and replaced with an empty pan. The other pan, with its contents, shall be left in place;

(p)the contents of the pan removed during the procedure specified in sub-paragraph (o) shall be poured evenly along the entire length of the hopper so that two sub-samples of different weights shall be produced;

(q)the procedures specified in sub-paragraphs (o) and (p), when repeated, constitute the process of continuous halving, and shall be repeated using whichever sub-sample is appropriate until sufficient seed and any other particles is obtained in one pan, which, when added to the seed and any other particles set aside during the procedure specified in sub-paragraph (n), produces a submitted sample;

(r) Obtaining more than one submitted sample

when two submitted samples are required from one composite sample, one composite sample of at least twice the minimum weight prescribed in paragraph 26 of Part II of this Schedule for a sample shall be obtained using the procedures specified in sub-paragraphs (c) to (g) and (h) to (q), as appropriate. The composite sample shall then be divided into two parts by passing it once through the riffle divider; and

(s)when three submitted samples are required from one composite sample, one composite sample of at least three times the minimum weight prescribed in paragraph 26 of Part II of this Schedule for a sample shall be obtained using the procedures specified in sub-paragraphs (c) to (g) and (h) to (q) as appropriate. A submitted sample shall then be extracted using the procedures specified in sub-paragraphs (c) to (g) and (h) to (q), as appropriate. All portions of seed which have been set aside shall then be recombined and two submitted samples shall be obtained from this residue of the composite sample by following the procedure specified in sub-paragraph (r).

Commencement Information

I42Sch. 5 para. 21 in force at 1.7.2005, see reg. 1(1)

Method of use of a centrifugal dividerS

22.  The method of using a centrifugal divider shall be as follows–

(a)the centrifugal divider shall be levelled prior to use;

(b)the centrifugal divider and pans shall be clean;

(c) Sample mixing

an empty pan shall be placed under each spout of the centrifugal divider;

(d)the entire composite sample shall be poured into the centre of the hopper;

(e)the motor shall be operated so that the seed and any other particles in the sample pass into the pans;

(f)the motor shall be switched off;

(g)the two pans containing seed and any other particles shall be removed and replaced by empty ones;

(h)the contents of both pans removed during the procedure specified in sub-paragraph (g) shall be poured together into the centre of the hopper, the seed and any other particles being allowed to blend as they flow in. The procedures specified in sub-paragraphs (e) to (g) shall be repeated;

(i)the procedure specified in sub-paragraph (h) shall be repeated twice to mix the sample thoroughly;

(j) Sample reduction

before reduction, the composite sample shall have been thoroughly mixed using the procedures specified in sub-paragraphs (c) to (i). The contents of one of the two receiving pans shall then be set aside. If the seed and any other particles in the second pan is of at least the minimum weight prescribed in paragraph 26 of Part II of this Schedule for a sample, it may be used as a submitted sample. If the weight of seed in the second pan is greater than the minimum weight prescribed in paragraph 26 of Part II of this Schedule for a sample, it may be reduced using the procedures specified in sub-paragraphs (k) to (m);

(k)empty pans shall be placed under the spouts;

(l)the contents of the second pan shall be poured into the hopper and the procedures specified in sub-paragraphs (e) and (f) shall be repeated;

(m)the contents of one of the two pans into which the seed and any other particles have passed shall then be set aside. If the weight of seed and any other particles in the other pan is still greater than the minimum weight prescribed in paragraph 26 of Part II of this Schedule for a sample, the sample may be used as a submitted sample intact or it may be reduced further using the procedures specified in sub-paragraphs (k) to (m);

(n)if the weight of seed and any other particles in either of the two pans referred to either in sub-paragraph (j) or (m) is less than the minimum weight prescribed in paragraph 26 of Part II of this Schedule for a sample, the procedures specified in sub-paragraphs (o) to (s) shall be used;

(o)empty pans shall be placed under the spouts;

(p)the contents of one of the pans shall be set aside. The contents of the other pan shall be poured into the centre of the hopper and the procedures specified in sub-paragraphs (e) and (f) shall be repeated;

(q)one receiving pan and its contents shall then be removed and replaced with an empty pan. The other pan, with its contents, shall be left in place;

(r)the contents of the pan removed during the procedure specified in sub-paragraph (q) shall be poured into the centre of the hopper and the procedures specified in sub-paragraphs (e) and (f) shall be repeated so that two sub-samples of different weights shall be produced;

(s)the procedures specified in sub-paragraphs (q) and (r), when repeated, constitute the process of continuous halving, and shall be repeated using whichever sub-sample is appropriate until a sufficient sample is obtained in one pan, which, when added to the seed and any other particles set aside during the procedure specified in sub-paragraph (p), produces a submitted sample;

(t) Obtaining more than one submitted sample

when two submitted samples are required from one composite sample, one composite sample of at least twice the minimum weight prescribed in paragraph 26 of Part II of this Schedule for a sample shall be obtained using the procedures specified in sub-paragraphs (c) to (i) and (j) to (s) as appropriate. The composite sample shall then be divided into two parts by passing it once through the centrifugal divider; and

(u)when three submitted samples are required from one composite sample, one composite sample of at least three times the minimum weight prescribed in paragraph 26 of Part II of this Schedule for a sample shall be obtained using the procedures specified in sub-paragraphs (c) to (i) and (j) to (s), as appropriate. A submitted sample shall then be extracted using the procedures specified in sub-paragraphs (c) to (i) and (j) to (s), as appropriate. All portions of seed which have been set aside shall then be recombined and two submitted samples shall be obtained from this residue of the composite sample by following the procedure specified in sub-paragraph (t).

Commencement Information

I43Sch. 5 para. 22 in force at 1.7.2005, see reg. 1(1)

PART IISMAXIMUM WEIGHT OF A SEED LOT AND MINIMUM WEIGHT OF A SUBMITTED SAMPLE

Maximum weight of a seed lotS

23.  Subject to paragraphs [F3023A,] 24 and 25, the maximum weight of a seed lot shall be that set out in column 2 of the table in paragraph 26 in relation to the corresponding entry in column 1 of the table.

Textual Amendments

Commencement Information

I44Sch. 5 para. 23 in force at 1.7.2005, see reg. 1(1)

[F31Increase to maximum weight of a seed lot of grassesS

23A.[F32(1) Any person licensed by the Scottish Ministers as a professional seed operator under regulation 4(1)(a) (determination of licences) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or licensed or registered by a [F33GB Authority, other than the Scottish Ministers, or the NI Authority] under provisions equivalent to that regulation, may apply to the Scottish Ministers for approval to increase to 25 tonnes the maximum weight of a seed lot of any of the grasses set out in column 1 of the table in paragraph 26.]

(2) An application under sub-paragraph (1) shall contain such information as the Scottish Ministers may require.

(3) The Scottish Ministers shall not approve an application under sub-paragraph (1) unless they are satisfied that the applicant has complied with the guidance booklet titled “Scottish Government Guide to Large Herbage Seed Lot Approval and Check Sampling Programme 2013” produced by the Scottish Ministers.

(4) An approval may be made subject to such conditions as the Scottish Ministers think are necessary.

(5) The Scottish Ministers may revoke an approval under sub-paragraph (4) where they are satisfied that there has been a breach of any condition to which the approval is subject.]

[F34Margin by which seed lots can exceed maximum weightS

24.(1) Subject to sub-paragraph (2), a seed lot may exceed the maximum weight for a seed lot set out in column 2 of the table in paragraph 26 by not more than 5%.

(2) Where a person referred to in paragraph 23A(1) has approval to increase the maximum weight of a seed lot of grasses to 25 tonnes, the weight of such a seed lot may exceed 25 tonnes by not more than 5%.]

Maximum weight of a seed lot of mixturesS

[F3525.(1) The maximum weight of a seed lot of a mixture of seeds shall be 10 tonnes, subject to sub paragraph (2).

(2) Where more than 50% of a mixture of seeds consists of species of seed for which the maximum weight of a seed lot prescribed in seeds regulations is more than 10 tonnes, the maximum weight of a seed lot shall be as prescribed for the species of that type that appears in the larger or largest proportion.]

Minimum weight of a sampleS

26.  The minimum weight of a sample submitted for official examination shall be that specified in column 3 of the following table in relation to the corresponding entry in column 1 of the table–

Species

Maximum weight of a lot (tonnes)

Minimum weight of a sample to be drawn from a lot (grams)

Weight of the sample for the determinations by number provided for in Schedule 4, Part II, paragraph 14, Table I columns 3 to 8, 10, 11, 13, 14 and 16 together with paragraph 14 Table II columns 3 to 7, 9 and 13.

Column 1

Column 2

Column 3

Column 4

Grasses

Alaska brome-grass10200200
Annual meadowgrass105010
Brown top10505
Cocksfoot1010030
Creeping bent10505
Festulolium1020060
Hybrid ryegrass1020060
Italian ryegrass (including Westerwolds ryegrass)1020060
Meadow fescue1010050
Perennial ryegrass1020060
Red fescue, Chewings fescue1010030
Red top10505
Rescue grass10200200
Rough-stalked meadowgrass10505
[F36Fine leaved sheep’s fescue 1010030
Hard fescue1010030
Sheep’s fescue1010030]
Small Timothy105010
Smooth-stalked meadowgrass10505
Tall oatgrass1020080
Tall fescue1010050
Timothy105010
Velvet bent10505
Wood meadowgrass10505

Legumes

Alsike clover1020020
Birdsfoot trefoil1020030
Common vetch [F3730]1,0001,000
Field bean [F3730]1,0001,000
Field pea [F3730]1,0001,000
Hairy vetch [F3730]1,0001,000
Hungarian vetch [F3730]1,0001,000
Lucerne1030050
Narrow-leaved lupin (Blue lupin) [F3730]1,0001,000
Red clover1030050
Sainfoin

(a)fruit

10600600

(b)seed

10400400
Trefoil, Black medick1030050
White clover1020020
White lupin [F3730]1,0001,000
Yellow lupin [F3730]1,0001,000

Others

Fodder kale10200100
Fodder radish10300300
Swede10200100

Textual Amendments

Commencement Information

I45Sch. 5 para. 26 in force at 1.7.2005, see reg. 1(1)

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

SCHEDULE 6S

PART ISGENERAL

Method of referring to species of seedS

1.  Where the species of seed is one of the particulars to be indicated on a label, in accordance with the provisions of this Schedule, with the exception of paragraphs 7(a)(v), 8, 9(a)(iv) and 10(e), 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

I46Sch. 6 para. 1 in force at 1.7.2005, see reg. 1(1)

Method of referring to varieties of seedS

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

I47Sch. 6 para. 2 in force at 1.7.2005, see reg. 1(1)

PART IISLABELS

Label for a package of Breeder’s SeedS

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 [F38registered or licensed number];

(ii)reference number of the seed lot;

(iii)species (in the case of x Festulolium the names of the species within the genus Festuca and Lolium shall be indicated);

(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

Commencement Information

I48Sch. 6 para. 3 in force at 1.7.2005, see reg. 1(1)

Official label for a package of Pre-basic SeedS

4.  The official label for a package of Pre-basic Seed shall–

(a)contain the following information–

(i)certifying authority and [F39country or country 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 (in the case of x Festulolium the names of the species within the genus Festuca and Lolium shall be indicated);

(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.

Textual Amendments

Commencement Information

I49Sch. 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 GenerationS

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 “[F40GB] rules and standards”;

(ii)certifying authority and [F41country or country initials];

[F42(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 (in the case of x Festulolium the names of the species within the genus Festuca and Lolium shall be indicated);

(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)for Certified Seed of the Second Generation and subsequent generations from Basic Seed: number of generations from Basic Seed;

(xii)for seeds of grass varieties, in respect of which no official examination of their value for cultivation and use has been carried out the words “Not intended for fodder production”; 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.

Official label for a package of Commercial SeedS

6.  The official label for a package of Commercial Seed shall–

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

(i)the words “[F43GB] rules and standards”;

(ii)certification authority and [F44country or country initials];

[F45(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;

(vi)the words “Commercial Seed (not certified as to variety)”;

(vii)country of production and the region of production within that country;

(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 additive and also the approximate ratio between the weight of pure seed and the total weight; and

(x)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)(x) 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 brown.

[F46Official label for a package of test and trial seedS

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 [F47country or country initials];

[F48(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;

[F49(vii)the official application number in relation to the application for listing under—

(aa)in relation to applications in GB, regulation 4(1)(a) (applications in relation to GB Variety Lists) of the Seeds (National List of Varieties) Regulations 2001; or

(bb)in relation to applications in Northern Ireland, the relevant provision of legislation in Northern Ireland having equivalent effect to the Seeds (National Lists 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.]

[F50Official label for a package of seed of a Conservation VarietyS

6B.(1) The official label for a package of seed of a Conservation Variety shall–

(a)contain the following information–

(i)the words “ [F51GB] 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 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.]

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

7.  The official label for a package of a mixture of seeds shall–

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

(i)the words “Mixture of seeds for ... ... ... ...” (intended use);

(ii)certification authority and [F52country or country initials];

[F53(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, variety, category, country of production and percentage 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)where the kinds of constituents are given and this includes x Festulolium the names of the species within the genus Festuca and Lolium;

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

(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 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.

Further particulars to be given in respect of a mixture of seeds – other than a mixture in a small package of seeds not intended for use for agricultural purposes where said mixtures contain FestuloliumS

8.  For each constituent the official label for a package of a mixture of seeds shall also contain the following information–

(a)species indicated at least in Roman characters;

(b)category;

(c)variety (except for Commercial Seed); and

(d)proportion by weight of the mixtures.

Commencement Information

I53Sch. 6 para. 8 in force at 1.7.2005, see reg. 1(1)

[F54Producer’s label for a package of seed of a preservation mixtureS

8A.(1) The producer’s label for a package of seed of a preservation mixture must contain the following information—

(a)the words “[F55GB] rules and standards”;

(b)name and address of the person responsible for affixing the labels and the person’s identification or mark;

(c)harvesting method; either directly harvested or crop-grown;

(d)year of sealing expressed by the word “Sealed” followed by the year of sealing;

(e)region of origin;

(f)source area;

(g)collection area;

(h)habitat type of collection site;

(i)the words “preservation fodder plant seed mixture, intended for use in an area of the same habitat type as the collection site, not considering the biotic conditions”;

(j)reference number of the lot;

(k)subject to sub-paragraph (2), the percentage by weight of the constituents as species and, where relevant, subspecies;

(l)declared gross or net weight;

(m)where granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of clusters or pure seeds and the total weight must be indicated; and

(n)in the case of crop-grown preservation mixtures, a specific germination rate for constituents of the mixture which are specified in Schedule 1 and which do not comply with the germination requirements for Commercial Seed set out in Part II of Schedule 4, or an average of the specific germination rates where more than five specific germination rates would be required.

(2) For directly harvested preservation mixtures, it suffices to give those constituents as species and, where relevant[F56,] subspecies, which are typical for the habitat type of the collection site and which are, as constituents of the mixture, of importance for the preservation of the natural environment in the context of the conservation of genetic resources.]

PART IIISLABELS FOR SMALL F57... A OR SMALL F57... B PACKAGES

Label for a small F58... B package of Basic Seed, Seed of a Certified Generation or Commercial SeedS

9.  The label for a small F59... B package of Basic Seed, Seed of a Certified Generation or Commercial Seed shall–

(a)contain the following information–

(i)the words “small F60... ‘B’ package”;

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

(iii)reference number of the seed lot;

(iv)species indicated at least in Roman characters (in the case of x Festulolium the names of the species within the genus Festuca and Lolium shall be indicated);

(v)variety (or, in the case of Commercial Seed the words “Commercial Seed not certified as to variety”);

(vi)category; and

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

(b)be coloured–

(i)white for Basic Seed;

(ii)blue for Certified Seed and Certified Seed of the First Generation;

(iii)red for Certified Seed of the Second Generation; and

(iv)brown for Commercial Seed.

Label for a small F61... A or small F61... B package of MixturesS

10.  The label for a small F62... A or small F62... B package of Pre-basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed shall contain the following information–

(a)the words “Small F63... ‘A’ package” or “small F63... ‘B’ package”;

(b)the words “Mixture of seeds for ... ... ... ...” (intended use);

(c)net weight or gross weight or number of pure seeds;

(d)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 pure seed and the total weight;

(e)percentage by weight of the various constituents shown by species and, where appropriate, by variety both indicated at least in Roman characters or such part of this information as a [F64country] may have prescribed for small packages produced in its territory if a reference to the kind of mixture including the proportion by weight can be communicated to the purchaser on request and has been officially recorded;

(f)for lupins, it should be specified whether they are bitter or sweet lupins;

(g)name and address of the supplier responsible for marking or his identification mark;

(h)for a small F65... A package–

(i)the reference number enabling the used seed lots to be identified; and

(ii)the [F66country or country initials]; and

(i)for a small F67... B package–

(i)the officially assigned serial number;

(ii)the service which assigned the serial number and the name of the [F68country or country initials]; and

(iii)the reference number if the official serial number does not enable the used seed lots to be identified.

Textual Amendments

Commencement Information

I55Sch. 6 para. 10 in force at 1.7.2005, see reg. 1(1)

PART IVSPARTICULARS TO BE MARKED OR DISPLAYED ON THE SALE OF UNPACKETED SEED

Particulars to be marked or displayed on the sale of unpacketed seedS

11.  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 (in the case of x Festulolium the names of the species within the genus Festuca and Lolium shall be indicated); and

(c)except in the case of Commercial Seed, variety.

Commencement Information

I56Sch. 6 para. 11 in force at 1.7.2005, see reg. 1(1)

PART VSINFORMATION IN RESPECT OF SEED IMPORTED FROM COUNTRIES [F69OUTSIDE THE UNITED KINGDOM] IN PACKAGES EXCEEDING 2 KILOGRAMS NET WEIGHT

Information to be supplied in respect of seed imported from [F70outside the United Kingdom] in a package exceeding 2 kilograms net weightS

12.  The information to be supplied to the Scottish Ministers in accordance with regulation 6(5) in respect of seed imported from [F71outside the United Kingdom] 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.

PART VISPRINTING OF SPECIFIED MATTERS ON PACKAGES (WHOLE BAG LABELLING)

Packages sealed in Scotland – printers' returnsS

13.  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 [F7222(6)] and of the individual serial numbers of such packages.

Textual Amendments

Commencement Information

I58Sch. 6 para. 13 in force at 1.7.2005, see reg. 1(1)

Packages sealed in Scotland – individual serial numbersS

14.  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

I59Sch. 6 para. 14 in force at 1.7.2005, see reg. 1(1)

Packages sealed in Scotland – printing or stampingS

15.  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

I60Sch. 6 para. 15 in force at 1.7.2005, see reg. 1(1)

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

16.  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

I61Sch. 6 para. 16 in force at 1.7.2005, see reg. 1(1)

Seed packages sealed in the United Kingdom but not in Scotland, or [F73outside the United Kingdom] S

[F7417.  Such requirements of the [F75country outside the United Kingdom] (if the seed was sealed in that [F76country]) or [F77DAERA] (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.]

Regulation 24(2)

SCHEDULE 7SLIMITS OF VARIATION

Commencement Information

I62Sch. 7 in force at 1.7.2005, see reg. 1(1)

GERMINATIONS

Minimum percentage of germination (expressed as an integer)

Limit of variation Per cent

99–1002
97–983
94–964
91–935
87–906
82–867
76–818
69–759
65–6810

ANALYTICAL PURITY – (a) grassesS

Minimum percentage of analytical purity (expressed to one decimal point)

Limit of variation Per cent

99.9–1000.2
99.7–99.80.4
99.5–99.60.5
99.3–99.40.6
99.0–99.20.7
98.8–98.90.8
98.3–98.70.9
98.0–98.21.0
97.5–97.91.1
97.0–97.41.2
96.5–96.91.3
96.0–96.41.4
95.0–95.91.5
94.0–94.91.6
93.0–93.91.7
92.0–92.91.9
91.0–91.92.0
90.0–90.92.1
88.0–89.92.2
86.0–87.92.4
84.0–85.92.5
82.0–83.92.6
80.0–81.92.8

ANALYTICAL PURITY – (b) legumes and crucifersS

Minimum percentage of analytical purity (expressed to one decimal point)

Limit of variation Per cent

99.9–1000.2
99.80.3
99.6–99.70.4
99.3–99.50.5
99.0–99.20.6
98.5–98.90.7
98.3–98.40.8
97.5–98.20.9
97.0–97.41.0
96.5–96.91.1
95.5–96.41.2
95.0–95.41.3
94.0–94.91.4
93.0–93.91.5
92.0–92.91.6
91.0–91.91.7
90.0–90.91.8

CONTENT OF SEEDS OF OTHER SPECIES IN GRASSESS

Maximum percentage of seeds of other species (expressed to one decimal point)

Limit of variation Per cent

0.00.2
0.10.3
0.20.4
0.3–0.40.5
0.5–0.60.6
0.7–0.90.7
1.0–1.20.8
1.3–1.70.9
1.8–1.91.0
2.0–2.41.1
2.5–2.91.2
3.0–3.41.3
3.5–3.91.4
4.0–4.91.5
5.01.6

CONTENT OF SEEDS OF OTHER SPECIES OR VARIETIES IN LEGUMES AND CRUCIFERSS

Maximum percentage of seeds of other species (expressed to one decimal point)

Limit of variation Per cent

per centper cent
0.00.1
0.1–0.20.3
0.3–0.40.4
0.5–0.60.5
0.7–0.90.6
1.0–1.40.7
1.5–1.70.8
1.8–2.40.9
2.5–2.91.0
3.0–3.41.1
3.5–4.41.2
4.5–4.91.3
5.0–5.91.4
6.0–6.91.5
7.0–7.91.6
8.0–8.91.7
9.0–9.91.8
10.01.9

NUMBER OF SEEDS OF OTHER SPECIESS

Maximum number of seeds of other species

Limit of variation Number

NumberNumber
01
13
24
3–45
5–66
7–87
9–118
12–149
15–1710
18–2111
22–2512
26–2913
30–3414
35–4015
41–4516
46–5117
52–5718
58–6419
65–7120
72–7921
80–8722
88–9523
96–10024

Regulation 28(1)

SCHEDULE 8SREVOCATIONS

Commencement Information

I63Sch. 8 in force at 1.7.2005, see reg. 1(1)

Regulations revoked

References

Extent

Column 1

Column 2

Column 3

The Fodder Plant Seeds Regulations 1993S.I.1993/2009The whole Regulations insofar as they apply to Scotland
The Fodder Plant Seeds (Amendment) Regulations 1993S.I.1993/2529The whole Regulations insofar as they apply to Scotland
The Fodder Plant Seeds (Amendment) Regulations 1996S.I.1996/1453The whole Regulations insofar as they apply to Scotland
The Seeds (Miscellaneous Amendments) Regulations 1997S.I.1997/616Regulation 3, and regulation 4(2), insofar as it applies to the Fodder Plant Seeds Regulations 1993, but only insofar as regulation 4(2) applies to Scotland
The Fodder Plant Seeds (Amendment) Regulations 1999S.I.1999/1864The whole Regulations insofar as they apply to Scotland
The Fodder Plant Seeds (Amendment) (Scotland) Regulations 2000S.S.I. 2000/247The whole Regulations
The Seeds (National Lists of Varieties) Regulations 2001S.I.2001/3510Regulation 25(4)(a) insofar as it applies to Scotland
The Seeds (Miscellaneous Amendments) (No. 2) (Scotland) Regulations 2002S.S.I. 2002/564Regulation 4
The Fodder Plant Seeds Amendment (Scotland) Regulations 2004S.S.I. 2004/380The whole Regulations

Regulation 2(1)

F78SCHEDULE 9SDEFINITION OF THE FODDER PLANT SEED DIRECTIVE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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