The Fodder Plant Seed (Scotland) Regulations 2005

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

[F1 SCHEDULE 1 S SPECIES OF SEED TO WHICH THE REGULATIONS APPLY

Textual Amendments

F1 Sch. 1 substituted (30.6.2010) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2010 (S.S.I. 2010/219), regs. 1(2), 7, sch. 3

Column 1	Column 2
Common Name	Latin Name
Grasses	Poaceae (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*	[F2 Lolium 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.
Legumes	Fabaceae (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.

Textual Amendments

F2 Words in sch. 1 substituted (1.1.2018) by The Seed (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/384), regs. 1(1), 2(3)

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

SCHEDULE 2 S OFFICIAL CERTIFICATES AND BREEDER'S CONFIRMATIONS

PART I S OFFICIAL CERTIFICATES

Applications for seed harvested in the United Kingdom S

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

F3 Words in sch. 2 para. 1 omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(23)(a); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Sch. 2 para. 1 in force at 1.7.2005, see reg. 1(1)

When applications will be refused S

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

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

When applications may be refused S

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

I3 Sch. 2 para. 3 in force at 1.7.2005, see reg. 1(1)

[F4 Applications for seed harvested outside the United Kingdom S

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.]

Textual Amendments

F4 Sch. 2 para. 4 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(23)(b) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(20)(a)); 2020 c. 1, Sch. 5 para. 1(1)

PART II S BREEDER'S CONFIRMATIONS

Applications S

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

I4 Sch. 2 para. 5 in force at 1.7.2005, see reg. 1(1)

When applications will be refused S

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

I5 Sch. 2 para. 6 in force at 1.7.2005, see reg. 1(1)

When applications may be refused S

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 [F5 GB Variety List or an NI Variety List] has been withdrawn or refused.

Textual Amendments

F5 Words in sch. 2 para. 7(d) substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(23)(c) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(20)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I6 Sch. 2 para. 7 in force at 1.7.2005, see reg. 1(1)

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

SCHEDULE 3 S [F6 PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE, A BREEDER’S CONFIRMATION OR AN AUTHORISATION TO MARKET A PRESERVATION MIXTURE]

Textual Amendments

F6 Sch. 3 heading substituted (10.2.2012) by The Fodder Plant Seed (Scotland) Amendment Regulations 2012 (S.S.I. 2012/5), regs. 1, 9a )

Particulars to be specified in an official certificate S

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, [F7 registered 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

F7 Words in sch. 3 para. 1(b) substituted (1.7.2016) by The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 (S.S.I. 2016/68), reg. 1(1), sch. 3 para. 3(5)(a)(i)

Commencement Information

I7 Sch. 3 para. 1 in force at 1.7.2005, see reg. 1(1)

Particulars to be specified in a breeder’s confirmation S

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, [F8 registered 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

F8 Words in sch. 3 para. 2(b) substituted (1.7.2016) by The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 (S.S.I. 2016/68), reg. 1(1), sch. 3 para. 3(5)(a)(ii)

Commencement Information

I8 Sch. 3 para. 2 in force at 1.7.2005, see reg. 1(1)

[F9 Particulars to be specified in an authorisation to market a preservation mixture S

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.]

Textual Amendments

F9 Sch. 3 para. 3 inserted (10.2.2012) by The Fodder Plant Seed (Scotland) Amendment Regulations 2012 (S.S.I. 2012/5), regs. 1, 9(b)

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 4 S REQUIREMENTS FOR PRE-BASIC SEED, BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION, CERTIFIED SEED OF THE SECOND GENERATION AND COMMERCIAL SEED

PART I S CONDITIONS RELATING TO CROPS FROM WHICH SEED OTHER THAN COMMERCIAL SEED IS OBTAINED

Methods of ascertaining whether crop requirements are met S

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

I9 Sch. 4 para. 1 in force at 1.7.2005, see reg. 1(1)

Varietal identity and varietal purity S

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 [F10 GB Variety List or NI Variety List.]

Textual Amendments

F10 Words in sch. 4 para. 2 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(24)(a)(i) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(21)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I10 Sch. 4 para. 2 in force at 1.7.2005, see reg. 1(1)

Crop inspection S

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

I11 Sch. 4 para. 3 in force at 1.7.2005, see reg. 1(1)

[F11 Pests in the crop S

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 [F12 GB] quarantine pests, [F13 PFA] 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 RNQPs	Plants for planting (genus or species)	Thresholds for the production of pre-basic seed	Thresholds for the production of basic seed	Thresholds for the production of certified seed
Clavibacter michiganensis ssp. insidiosus (McCulloch 1925) Davis et al. [CORBIN]	Lucerne	0%	0%	0%
Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]	Lucerne	0%	0%	0%]

Textual Amendments

F11 Sch. 4 para. 4 substituted (1.7.2020) by The Seed and Plant Material (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/165), regs. 1(1), 7(3)(a)

F12 Word in sch. 4 para. 4 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(24)(a)(ii)(aa) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(21)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Word in sch. 4 para. 4 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(24)(a)(ii)(bb) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(21)); 2020 c. 1, Sch. 5 para. 1(1)

Previous cropping S

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

I12 Sch. 4 para. 5 in force at 1.7.2005, see reg. 1(1)

Limitations on number of harvest years S

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

I13 Sch. 4 para. 6 in force at 1.7.2005, see reg. 1(1)

Isolation distances – general S

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

I14 Sch. 4 para. 7 in force at 1.7.2005, see reg. 1(1)

Isolation distances – minimum distances S

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 metres	100 metres
(ii) for the production of Certified Seed	100 metres	50 metres
(b) All legumes other than field bean, field pea, vetches & lucerne and for fodder radish–
(i) for the production of Basic Seed	200 metres	100 metres
(ii) for the production of Certified Seed	100 metres	50 metres
(c) Field bean, vetches & lucerne–
(i) for the production of Basic Seed & Certified Seed of the First Generation	200 metres	100 metres
(ii) for the production of Certified Seed of the Second Generation	100 metres	50 metres
(d) Fodder kale & swede–
(i) for the production of Basic Seed	400 metres	400 metres
(ii) for the production of Certified Seed	200 metres	200 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

I15 Sch. 4 para. 8 in force at 1.7.2005, see reg. 1(1)

Standards for varietal purity S

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 metres	One 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 metres	One plant in 10 square metres
(c) In the case of smooth stalked meadowgrass
(i) apomictic uniclonal varieties	One plant in 20 square metres	Six plants in 10 square metres
(ii) all varieties except apomictic uniclonal varieties	One plant in 20 square metres	Four 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 festulolium	One plant in 50 square metres	One plant in 10 square metres

Commencement Information

I16 Sch. 4 para. 9 in force at 1.7.2005, see reg. 1(1)

Crop conditions for Pre basic Seed S

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

I17 Sch. 4 para. 10 in force at 1.7.2005, see reg. 1(1)

PART II S CONDITIONS RELATING TO BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION, CERTIFIED SEED OF THE SECOND GENERATION AND COMMERCIAL SEED

Standards for varietal purity S

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

I18 Sch. 4 para. 11 in force at 1.7.2005, see reg. 1(1)

[F14 Pests in the seed S

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 [F15 GB] quarantine pests, [F16 PFA] 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 RNQPs	Plants for planting (genus or species)	Thresholds for pre-basic seed	Thresholds for basic seed	Thresholds for certified seed
Clavibacter michiganensis ssp. insidiosus (McCulloch 1925) Davis et al. [CORBIN]	Lucerne	0%	0%	0%
Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]	Lucerne	0%	0%	0%]

Textual Amendments

F14 Sch. 4 para. 12 substituted (1.7.2020) by The Seed and Plant Material (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/165), regs. 1(1), 7(3)(b)

F15 Word in sch. 4 para. 12 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(24)(b)(i) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(21)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Word in sch. 4 para. 12 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(24)(b)(ii) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(21)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I19 Sch. 4 para. 12 in force at 1.7.2005, see reg. 1(1)

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

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
Cocksfoot	80	n/a	90	90	0.3	1.5	1.5
Festulolium	75	n/a	96	98	0.3	1.5	1.5
Hybrid ryegrass	75	n/a	96	98	0.3	1.5	1.5
Italian ryegrass	75	n/a	96	98	0.3	1.5	1.5
Meadow fescue	80	n/a	95	98	0.3	1.5	1.5
Perennial ryegrass	80	n/a	96	98	0.3	1.5	1.5
Red fescue	75	n/a	90	95	0.3	1.5	1.5
Smooth-stalked meadowgrass	75	n/a	85	90	0.3	2.0	1.5
Tall fescue	80	n/a	95	98	0.3	1.5	1.5
Timothy (including small Timothy)	80	n/a	96	98	0.3	1.5	1.5
Legumes
Lucerne	80(b)	40	97	98	0.3	1.5	1.5
Red clover	80(b)	20	97	98	0.3	1.5	1.5
Sainfoin	75(b) (c)	20(c)	95(c)	98	0.3	2.5(d)	1.5
White clover	80(b)	40	97	98	0.3	1.5	1.5

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-grass	75	n/a	97	0.4	1.5
Annual meadowgrass	75	n/a	85	0.3	2.0(e)
Brown top	75	n/a	90	0.3	2.0
Creeping bent	75	n/a	90	0.3	2.0
Red top	80	n/a	90	0.3	2.0
Rescue grass	75	n/a	97	0.4	1.5
Rough-stalked meadowgrass	75	n/a	85	0.3	2.0
[F17 Fine leaved sheep’s fescue	75	n/a	85	0.3	2.0]
[F17 Hard fescue	75	n/a	85	0.3	2.0]
Sheep’s fescue	75	n/a	85	0.3	2.0
Tall oatgrass	75	n/a	90	0.3	3.0
Velvet bent	75	n/a	90	0.3	2.0
Wood meadowgrass	75	n/a	85	0.3	2.0
Legumes
Aliske clover	80(b)	20	97	0.3	1.5
Birdsfoot trefoil	75(b)	40	95	0.3	1.8
Common vetch	85(b)	20	98	0.3	1.0
Field bean	80(b)	5	98	0.3	0.5
Field pea	80	n/a	98	0.3	0.5
Hairy vetch	85(b)	20	98	0.3	1.0
Hungarian vetch	85(b)	20	98(c)	0.3	1.0(d)
Narrow-leaved lupin (Blue lupin)	75(b)	20	[F18 98 (c)]	0.3	0.5
Trefoil	80(b)	20	97	0.3	1.5
White lupin	80(b)	20	[F18 98 (c)]	0.3	0.5
Yellow lupin	80(b)	20	[F18 98 (c)]	0.3	0.5
Others
Fodder kale	75	n/a	98	0.3	1.0
Fodder radish	80	n/a	97	0.3	1.0
Swede	80	n/a	98	0.3	1.0

Textual Amendments

F17 Sch. 4 para. 13 Table entry inserted (30.6.2010) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2010 (S.S.I. 2010/219), regs. 1(2), 8(a)(i)

F18 Word in sch. 4 para. 13 Table substituted (30.6.2010) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2010 (S.S.I. 2010/219), regs. 1(2), 8(a)(ii)

Commencement Information

I20 Sch. 4 para. 13 in force at 1.7.2005, see reg. 1(1)

Standards regarding content of seeds of other plant species S

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, [F19 Avena 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)			[F20 Elytrigia 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
Cocksfoot	30	0	0(a)	2	5	5	5	0.3	10	5	0.3	10	n/a	n/a	20(b)	1.0	0.5
Festulolium	60	0	0(a)	2	5	5	5	0.3	10	5	0.5	10	n/a	n/a	20(b)	1.0	0.5(c),(f)
Hybrid ryegrass	60	0	0(a)	2	5	5	5	0.3	10	5	0.5	10	n/a	n/a	20(b)	1.0	0.5(c),(f)
Italian ryegrass	60	0	0(a)	2	5	5	5	0.3	10	5	0.5	10	n/a	n/a	20(b)	1.0	0.5(c),(f)
Meadow fescue	50	0	0(a)	2	5	5	5	0.3	10	5	0.5	10	n/a	n/a	20(b)	1.0	0.5(e),(f)
Perennial ryegrass	60	0	0(a)	2	5	5	5	0.3	10	5	0.5	10	n/a	n/a	20(b)	1.0	0.5(b),(f)
Red fescue	30	0	0(a)	2	5	5	5	0.3	10	5	0.5	10	n/a	n/a	20(b)	1.0	0.5(f),(g)
Smooth-stalked meadowgrass	5	0	0(a)	1	2	2	1	0.3	3	1	0.3	3	n/a	n/a	20(m)	1.0(k)	0.5(l)
Tall fescue	50	0	0(a)	2	5	5	5	0.3	10	5	0.5	10	n/a	n/a	20(b)	1.0	0.5(e),(f)
Timothy (including Small Timothy)	10	0	0(a)	2	5	4	1	0.3	10	1	0.3	10	n/a	n/a	20	1.0	0.5(d)
Legumes
Lucerne	50	0	0	3	10	10	n/a	n/a	10	n/a	n/a	10	0(h)	0.3	20	1.0	0.5
Red clover	50	0	0	5	10	10	n/a	n/a	10	n/a	n/a	10	0(h)	0.3	20	1.0	0.5
Sainfoin Seed/Fruit	400/600	0	0(j)	2	5(j)	5	n/a	n/a(j)	10	n/a	n/a(j)	10	0	0.3(j)	20	1.0(n)	0.5
White clover	20	0	0	5	10	10	n/a	n/a	10	n/a	n/a	10	0(h)	0.3	20	1.0	0.5

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, [F21 Avena sterilis] (Wild oat) Cuscuta spp. (Dodder)		Rumex spp. (Docks, Sorrels) excluding R.acetosella (Sheep’s sorrel) and R.maritimus (Golden dock)		Alopecurus myosuroides (Blackgrass)		[F22 Elytrigia 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 [F23 the 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-grass	200	0(c),(d)	0(c),(d)	5	10	5	0.3	5	0.5	n/a	n/a	20	1.0	n/a
Annual meadowgrass	10	0	0(c)	1	5	1	0.3	1	0.3	n/a	n/a	20(e)	1.0(f),(n)	(g)
Brown top	5	0	0(c)	1	2	1	0.3	1	0.3	n/a	n/a	20	1.0	n/a
Creeping bent	5	0	0(c)	1	2	1	0.3	1	0.3	n/a	n/a	20	1.0	n/a
Red top	5	0	0(c)	1	2	1	0.3	1	0.3	n/a	n/a	20	1.0	n/a
Rescue grass	200	0(c),(d)	0(c),(d)	5	10	5	0.3	5	0.5	n/a	n/a	20	1.0	n/a
Rough-stalked meadowgrass	5	0	0(c)	1	2	1	0.3	1	0.3	n/a	n/a	20(e)	1.0(f)	n/a
[F24 Fine leaved sheep’s fescue	30	0	0(c)	2	5	5	0.3	5	0.5	n/a	n/a	20(a)	1.0	n/a]
[F24 Hard fescue	30	0	0(c)	2	5	5	0.3	5	0.5	n/a	n/a	20(a)	1.0	n/a]
Sheep’s fescue	30	0	0(c)	2	5	5	0.3	5	0.5	n/a	n/a	20(a)	1.0	n/a
Tall oatgrass	80	0(c),(d)	0(c),(d)	2	5	5	0.3	5	0.5	n/a	n/a	20(a)	1.0(q)	n/a
Velvet bent	5	0	0(c)	1	2	1	0.3	1	0.3	n/a	n/a	20	1.0	n/a
Wood meadowgrass	5	0	0(c)	1	2	1	0.3	1	0.3	n/a	n/a	20(e)	1.0(f)	n/a
Legumes
Alsike clover	20	0	0	3	10	n/a	n/a	n/a	n/a	0(b)	0.3	20	1.0	n/a
Birdsfoot trefoil	30	0	0	3	10	n/a	n/a	n/a	n/a	0(b)	0.3	20	1.0(h)	n/a
Common vetch	1,000	0	0	2	5	n/a	n/a	n/a	n/a	0	0.3	20	0.5(j)	n/a
Field bean	1,000	0	0	2	5	n/a	n/a	n/a	n/a	0	0.3	20	0.3	n/a
Field pea	1,000	0	0	2	5	n/a	n/a	n/a	n/a	0	0.3	20	0.3	n/a
Hairy vetch	1,000	0	0	2	5	n/a	n/a	n/a	n/a	0	0.3	20	0.5(j)	n/a
Hungarian vetch	1,000	0	0	2	5	n/a	n/a	n/a	n/a	0	0.3	20	0.5(j),(p)	(l)
Narrow-leaved lupin (Blue lupin)	1,000	0	0	2	5	n/a	n/a	n/a	n/a	0	0.3	20	0.3(j)	(k)
Trefoil	50	0	0	5	10	n/a	n/a	n/a	n/a	0(b)	0.3	20	1.0	n/a
White lupin	1,000	0	0	2	5	n/a	n/a	n/a	n/a	0	0.3	20	0.3(j)	(k)
Yellow lupin	1,000	0	0	2	5	n/a	n/a	n/a	n/a	0	0.3	20	0.3(j)	(k)
Others
Fodder kale	100	0	0(c)	3	10	n/a	n/a	n/a	n/a	n/a	n/a	20	0.5	(m)
Fodder radish	300	0	0	2	5	n/a	n/a	n/a	n/a	n/a	n/a	20	0.5	(m)
Swede	100	0	0(c)	2	5	n/a	n/a	n/a	n/a	n/a	n/a	20	0.5	(m)

Textual Amendments

F19 Words in sch. 4 para. 14 Table 1 substituted (30.6.2010) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2010 (S.S.I. 2010/219), regs. 1(2), 8(b)(i)

F20 Words in sch. 4 para. 14 Table 1 substituted (30.6.2010) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2010 (S.S.I. 2010/219), regs. 1(2), 8(b)(ii)

F21 Words in sch. 4 para. 14 Table 2 substituted (30.6.2010) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2010 (S.S.I. 2010/219), regs. 1(2), 8(b)(i)

F22 Words in sch. 4 para. 14 Table 2 substituted (30.6.2010) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2010 (S.S.I. 2010/219), regs. 1(2), 8(b)(ii)

F23 Words 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)

F24 Sch. 4 para. 14 Table 2 entries inserted (30.6.2010) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2010 (S.S.I. 2010/219), regs. 1(2), 8(b)(iii), sch. 4

Commencement Information

I21 Sch. 4 para. 14 in force at 1.7.2005, see reg. 1(1)

Regulations 6, 9B and 14

[F25 SCHEDULE 4A S STANDARDS FOR CERTIFICATION OF CONSERVATION VARIETIES

Textual Amendments

F25 Sch. 4A inserted (30.6.2009) by The Seed (Scotland) (Amendments for Conservation Varieties) Regulations 2009 (S.S.I. 2009/223), regs. 1, 30, sch. 3

PART I S OFFICIAL CERTIFICATES

Applications for seed harvested in the United Kingdom S

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 refused S

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 refused S

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 II S PARTICULARS 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, [F26 registered 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.

Textual Amendments

F26 Words in sch. 4A Pt. 2 substituted (1.7.2016) by The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 (S.S.I. 2016/68), reg. 1(1), sch. 3 para. 3(5)(b)

PART III S CONDITIONS RELATING TO CROPS FROM WHICH SEED IS OBTAINED

Varietal identity and varietal purity S

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 [F27 GB Variety List or NI Variety List].

Textual Amendments

F27 Words in sch. 4A Pt. 3 para. 1 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(25)(a) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(22)); 2020 c. 1, Sch. 5 para. 1(1)

Harmful organisms in the crop S

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

PART IV S CONDITIONS RELATING TO SEED OF A CONSERVATION VARIETY

Standards of germination, analytical purity and content of seed of other plant species S

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.

Textual Amendments

F28 Word in sch. 4A Pt. 4 para. 1 omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(25)(b); 2020 c. 1, Sch. 5 para. 1(1)

Harmful organisms in the seed S

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

Varietal purity S

3.   The seed shall have sufficient varietal purity.

PART V S EXAMINATIONS

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)

[F29 SCHEDULE 4B S Requirements for preservation mixtures

Textual Amendments

F29 Sch. 4B inserted (10.2.2012) by The Fodder Plant Seed (Scotland) Amendment Regulations 2012 (S.S.I. 2012/5), regs. 1, 10, sch.

PART I S Conditions 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 II S Conditions 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 III S Examinations

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 5 S

PART I S SAMPLING OF SEED LOTS

Definitions S

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

I22 Sch. 5 para. 1 in force at 1.7.2005, see reg. 1(1)

Obtaining a submitted sample S

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

I23 Sch. 5 para. 2 in force at 1.7.2005, see reg. 1(1)

Primary sample size S

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

Commencement Information

I24 Sch. 5 para. 3 in force at 1.7.2005, see reg. 1(1)

Condition of the seed lot S

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

Commencement Information

I25 Sch. 5 para. 4 in force at 1.7.2005, see reg. 1(1)

Seed lot containers S

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

I26 Sch. 5 para. 5 in force at 1.7.2005, see reg. 1(1)

Sampling from sacks – minimum number of containers to be sampled S

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
1–4	3 primary samples from each container
5–8	2 primary samples from each container
9–15	1 primary sample from each container
16–30	A total of 15 primary samples with each sample being taken from a different container
31–59	A total of 20 primary samples with each sample being taken from a different container
60 or more	A total of 30 primary samples with each sample being taken from a different container

Commencement Information

I27 Sch. 5 para. 6 in force at 1.7.2005, see reg. 1(1)

Sampling from sacks or similar containers S

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

I28 Sch. 5 para. 7 in force at 1.7.2005, see reg. 1(1)

Sampling from small containers – general S

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

I29 Sch. 5 para. 8 in force at 1.7.2005, see reg. 1(1)

Sampling from small containers – moisture-proof containers S

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

I30 Sch. 5 para. 9 in force at 1.7.2005, see reg. 1(1)

Sampling from small containers – primary samples S

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

I31 Sch. 5 para. 10 in force at 1.7.2005, see reg. 1(1)

Sampling from large containers S

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 500	At least 5
501–3,000	1 for each 300 kilograms but no fewer than 5
3,001–20,000	1 for each 500 kilograms but no fewer than 10
20,001 and above	1 for each 700 kilograms but no fewer than 40

Commencement Information

I32 Sch. 5 para. 11 in force at 1.7.2005, see reg. 1(1)

Sampling of seed lots intended to be Excepted Seed Marketed in Bulk S

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

I33 Sch. 5 para. 12 in force at 1.7.2005, see reg. 1(1)

Sampling from a seed stream S

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

I34 Sch. 5 para. 13 in force at 1.7.2005, see reg. 1(1)

Sampling instruments – general S

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

Commencement Information

I35 Sch. 5 para. 14 in force at 1.7.2005, see reg. 1(1)

Sampling instruments – instruments and methods S

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

I36 Sch. 5 para. 15 in force at 1.7.2005, see reg. 1(1)

Sampling instruments – power to allow other instruments and methods S

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

I37 Sch. 5 para. 16 in force at 1.7.2005, see reg. 1(1)

Sampling instruments – instruments for drawing primary samples S

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.	42	7	8	20	8	10	12
Ryegrasses, festulolium, fescues, cocksfoot, tall oatgrass, rescue grass, Alaska brome-grass, sainfoin and field pea.	85	12	10	33	11	13	15
Field bean, lupins and vetches.	82	12	13	40	15	17	19

(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 sacks	55	25	75	50	22	25
Seed lots in large containers or seed in bulk	100	390	63	50	22	30

(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)
60	50	100	15	110	25

(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

I38 Sch. 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 – general S

18.  All instruments shall be clean before use.

Commencement Information

I39 Sch. 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 samplers S

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

I40 Sch. 5 para. 19 in force at 1.7.2005, see reg. 1(1)

Obtaining a submitted sample – composite sample division instruments S

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

I41 Sch. 5 para. 20 in force at 1.7.2005, see reg. 1(1)

Method of use of riffle divider S

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

I42 Sch. 5 para. 21 in force at 1.7.2005, see reg. 1(1)

Method of use of a centrifugal divider S

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

I43 Sch. 5 para. 22 in force at 1.7.2005, see reg. 1(1)

PART II S MAXIMUM WEIGHT OF A SEED LOT AND MINIMUM WEIGHT OF A SUBMITTED SAMPLE

Maximum weight of a seed lot S

23.  Subject to paragraphs [F30 23A,] 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

F30 Word in sch. 5 para. 23 inserted (16.12.2013) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2013 (S.S.I. 2013/326), regs. 1(1), 5(a)

Commencement Information

I44 Sch. 5 para. 23 in force at 1.7.2005, see reg. 1(1)

[F31 Increase to maximum weight of a seed lot of grasses S

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 [F33 GB 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.]

Textual Amendments

F31 Sch. 5 para. 23A inserted (16.12.2013) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2013 (S.S.I. 2013/326), regs. 1(1), 5(b)

F32 Sch. 5 para. 23A(1) substituted (1.7.2016) by The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 (S.S.I. 2016/68), reg. 1(1), sch. 3 para. 3(6)

F33 Words in sch. 5 para. 23A(1) substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(25A) (as inserted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(23)); 2020 c. 1, Sch. 5 para. 1(1)

[F34 Margin by which seed lots can exceed maximum weight S

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%.]

Textual Amendments

F34 Sch. 5 para. 24 substituted (16.12.2013) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2013 (S.S.I. 2013/326), regs. 1(1), 5(c)

Maximum weight of a seed lot of mixtures S

[F35 25.— (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.]

Textual Amendments

F35 Sch. 5 para. 25 substituted (26.9.2006) by The Cereal Seed (Scotland) and Fodder Plant Seed (Scotland) Amendment Regulations 2006 (S.S.I. 2006/448), regs. 1, 3(2)

Minimum weight of a sample S

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-grass	10	200	200
Annual meadowgrass	10	50	10
Brown top	10	50	5
Cocksfoot	10	100	30
Creeping bent	10	50	5
Festulolium	10	200	60
Hybrid ryegrass	10	200	60
Italian ryegrass (including Westerwolds ryegrass)	10	200	60
Meadow fescue	10	100	50
Perennial ryegrass	10	200	60
Red fescue, Chewings fescue	10	100	30
Red top	10	50	5
Rescue grass	10	200	200
Rough-stalked meadowgrass	10	50	5
[F36 Fine leaved sheep’s fescue	10	100	30
Hard fescue	10	100	30
Sheep’s fescue	10	100	30]
Small Timothy	10	50	10
Smooth-stalked meadowgrass	10	50	5
Tall oatgrass	10	200	80
Tall fescue	10	100	50
Timothy	10	50	10
Velvet bent	10	50	5
Wood meadowgrass	10	50	5
Legumes
Alsike clover	10	200	20
Birdsfoot trefoil	10	200	30
Common vetch	[F37 30]	1,000	1,000
Field bean	[F37 30]	1,000	1,000
Field pea	[F37 30]	1,000	1,000
Hairy vetch	[F37 30]	1,000	1,000
Hungarian vetch	[F37 30]	1,000	1,000
Lucerne	10	300	50
Narrow-leaved lupin (Blue lupin)	[F37 30]	1,000	1,000
Red clover	10	300	50
Sainfoin
(a) fruit	10	600	600
(b) seed	10	400	400
Trefoil, Black medick	10	300	50
White clover	10	200	20
White lupin	[F37 30]	1,000	1,000
Yellow lupin	[F37 30]	1,000	1,000
Others
Fodder kale	10	200	100
Fodder radish	10	300	300
Swede	10	200	100

Textual Amendments

F36 Sch. 5 para. 26 Table entry substituted (30.6.2010) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2010 (S.S.I. 2010/219), regs. 1(2), 9

F37 Word in sch. 5 para. 26 Table substituted (2.11.2009) by The Fodder Plant Seed (Scotland) Amendment Regulations 2009 (S.S.I. 2009/330), regs. 1, 2(2)

Commencement Information

I45 Sch. 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 6 S

PART I S GENERAL

Method of referring to species of seed S

1.  Where the species of seed is one of the particulars to be indicated on a label, in accordance with 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

I46 Sch. 6 para. 1 in force at 1.7.2005, see reg. 1(1)

Method of referring to varieties of seed S

2.  Where the variety of seed is one of the particulars to be indicated on a label, in accordance with the provisions of this Schedule, the variety must be indicated at least in Roman characters.

Commencement Information

I47 Sch. 6 para. 2 in force at 1.7.2005, see reg. 1(1)

PART II S LABELS

Label for a package of Breeder’s Seed S

3.  The label for a package of Breeder’s Seed shall–

(a) contain the following information–

(i) name and address of the supplier responsible for affixing the labels or the supplier’s [F38 registered 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

F38 Words in sch. 6 para. 3(a)(i) substituted (1.7.2016) by The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 (S.S.I. 2016/68), reg. 1(1), sch. 3 para. 3(5)(c)

Commencement Information

I48 Sch. 6 para. 3 in force at 1.7.2005, see reg. 1(1)

Official label for a package of Pre-basic Seed S

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

(a) contain the following information–

(i) certifying authority and [F39 country 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

F39 Words in sch. 6 para. 4(a)(i) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(a); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I49 Sch. 6 para. 4 in force at 1.7.2005, see reg. 1(1)

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

5.  The official label for a package of Basic Seed or Seed of a Certified Generation shall–

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

(i) the words “[F40 GB] rules and standards”;

(ii) certifying authority and [F41 country 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.

Textual Amendments

F40 Word in sch. 6 para. 5(a)(i) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(b)(i) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 15(24)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F41 Words in sch. 6 para. 5(a)(ii) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F42 Sch. 6 para. 5(a)(iia), inserted (31.3.2017) by The Seed (Miscellaneous Amendments) (Scotland) Regulations 2016 (S.S.I. 2016/434), regs. 1(1), 5(4)(a)

Commencement Information

I50 Sch. 6 para. 5 in force at 1.7.2005, see reg. 1(1)

Official label for a package of Commercial Seed S

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

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

(i) the words “[F43 GB] rules and standards”;

(ii) certification authority and [F44 country 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.

Textual Amendments

F43 Word in sch. 6 para. 6(a)(i) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(c)(i) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 15(24)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F44 Words in sch. 6 para. 6(a)(ii) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F45 Sch. 6 para. 6(a)(iia), inserted (31.3.2017) by The Seed (Miscellaneous Amendments) (Scotland) Regulations 2016 (S.S.I. 2016/434), regs. 1(1), 5(4)(b)

Commencement Information

I51 Sch. 6 para. 6 in force at 1.7.2005, see reg. 1(1)

[F46 Official label for a package of test and trial seed S

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

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

(i) the words “test and trial seed”;

(ii) certification authority and [F47 country 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.]

Textual Amendments

F46 Sch. 6 para. 6A inserted (1.4.2007) by The Seed (Scotland) (Amendments for Tests and Trials etc.) Regulations 2007 (S.S.I. 2007/224), regs. 1, 22(a)

F47 Words in sch. 6 para. 6A(a)(ii) substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(26)(d)(i) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(24)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F48 Sch. 6 para. 6A(a)(iia) inserted (31.3.2017) by The Seed (Miscellaneous Amendments) (Scotland) Regulations 2016 (S.S.I. 2016/434), regs. 1(1), 5(4)(c)

F49 Sch. 6 para. 6A(a)(vii) substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(26)(d)(ii) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(24)(b)); 2020 c. 1, Sch. 5 para. 1(1)

[F50 Official label for a package of seed of a Conservation Variety S

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

(a) contain the following information–

(i) the words “ [F51 GB] 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.]

Textual Amendments

F50 Sch. 6 para. 6B inserted (30.6.2009) by The Seed (Scotland) (Amendments for Conservation Varieties) Regulations 2009 (S.S.I. 2009/223), regs. 1, 31

F51 Word in sch. 6 para. 6B(a)(i) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(e) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 15(24)(a)); 2020 c. 1, Sch. 5 para. 1(1)

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

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 [F52 country 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.

Textual Amendments

F52 Words in sch. 6 para. 7(a)(ii) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(f); 2020 c. 1, Sch. 5 para. 1(1)

F53 Sch. 6 para. 7(a)(iia), inserted (31.3.2017) by The Seed (Miscellaneous Amendments) (Scotland) Regulations 2016 (S.S.I. 2016/434), regs. 1(1), 5(4)(d)

Commencement Information

I52 Sch. 6 para. 7 in force at 1.7.2005, see reg. 1(1)

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 Festulolium S

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

I53 Sch. 6 para. 8 in force at 1.7.2005, see reg. 1(1)

[F54 Producer’s label for a package of seed of a preservation mixture S

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

(a) the words “[F55 GB] 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.]

Textual Amendments

F54 Sch. 6 para. 8A inserted (10.2.2012) by The Fodder Plant Seed (Scotland) Amendment Regulations 2012 (S.S.I. 2012/5), regs. 1, 11

F55 Word in sch. 6 para. 8A(1)(a) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(g) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 15(24)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F56 Comma in sch. 6 para. 8A(2) inserted (16.12.2013) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2013 (S.S.I. 2013/326), regs. 1(1), 6

PART III S LABELS FOR SMALL F57 ... A OR SMALL F57 ... B PACKAGES

Textual Amendments

F57 Word in sch. 6 Pt. 3 heading omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(h)(i); 2020 c. 1, Sch. 5 para. 1(1)

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

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.

Textual Amendments

F58 Word in sch. 6 para. 9 heading omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(h)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F59 Word in sch. 6 para. 9 omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(h)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F60 Word in sch. 6 para. 9(a)(i) omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(h)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I54 Sch. 6 para. 9 in force at 1.7.2005, see reg. 1(1)

Label for a small F61 ... A or small F61 ... B package of Mixtures S

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 [F64 country] 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 [F66 country 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 [F68 country 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

F61 Word in sch. 6 para. 10 heading omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(h)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F62 Word in sch. 6 para. 10 omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(h)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F63 Word in sch. 6 para. 10(a) omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(h)(iii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F64 Words in sch. 6 para. 10(e) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(h)(iii)(dd); 2020 c. 1, Sch. 5 para. 1(1)

F65 Word in sch. 6 para. 10(h) omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(h)(iii)(ee); 2020 c. 1, Sch. 5 para. 1(1)

F66 Words in sch. 6 para. 10(h)(ii) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(h)(iii)(ff); 2020 c. 1, Sch. 5 para. 1(1)

F67 Word in sch. 6 para. 10(i) omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(h)(iii)(ee); 2020 c. 1, Sch. 5 para. 1(1)

F68 Words in sch. 6 para. 10(i)(ii) substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(h)(iii)(gg); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I55 Sch. 6 para. 10 in force at 1.7.2005, see reg. 1(1)

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

Particulars to be marked or displayed on the sale of unpacketed seed S

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

I56 Sch. 6 para. 11 in force at 1.7.2005, see reg. 1(1)

PART V S INFORMATION IN RESPECT OF SEED IMPORTED FROM COUNTRIES [F69 OUTSIDE THE UNITED KINGDOM] IN PACKAGES EXCEEDING 2 KILOGRAMS NET WEIGHT

Textual Amendments

F69 Words in Sch. 6 Pt. 5 heading substituted (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(26)(i) (as substituted by S.S.I. 2020/445, regs. 1(1)(b), 15(24)(c)); 2020 c. 1, Sch. 5 para. 1(1)

Information to be supplied in respect of seed imported from [F70 outside the United Kingdom] in a package exceeding 2 kilograms net weight S

12.  The information to be supplied to the Scottish Ministers in accordance with regulation 6(5) in respect of seed imported from [F71 outside 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.

Textual Amendments

F70 Words in sch. 6 para. 12 heading substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(26)(i)(ii)(aa) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(24)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F71 Words in sch. 6 para. 12 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(26)(i)(ii)(bb) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(24)(c)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I57 Sch. 6 para. 12 in force at 1.7.2005, see reg. 1(1)

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

Packages sealed in Scotland – printers' returns S

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 [F72 22(6)] and of the individual serial numbers of such packages.

Textual Amendments

F72 Word in sch. 6 para. 13 substituted (1.4.2007) by The Seed (Scotland) (Amendments for Tests and Trials etc.) Regulations 2007 (S.S.I. 2007/224), regs. 1, 22(b)(i)

Commencement Information

I58 Sch. 6 para. 13 in force at 1.7.2005, see reg. 1(1)

Packages sealed in Scotland – individual serial numbers S

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

I59 Sch. 6 para. 14 in force at 1.7.2005, see reg. 1(1)

Packages sealed in Scotland – printing or stamping S

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

I60 Sch. 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 stamp S

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

I61 Sch. 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 [F73 outside the United Kingdom] S

[F74 17.   Such requirements of the [F75 country outside the United Kingdom] (if the seed was sealed in that [F76 country]) or [F77 DAERA] (if the seed was sealed in Northern Ireland), the National Assembly for Wales (if the seed was sealed in Wales) or the Secretary of State (if the seed was sealed in England) as correspond to the requirements specified in paragraphs 12 to 15 of this Part of this Schedule for seed which has been sealed in Scotland shall be satisfied.]

Textual Amendments

F73 Words in sch. 6 para. 17 heading substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(26)(j)(i) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(24)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F74 Sch. 6 para. 17 substituted (1.4.2007) by The Seed (Scotland) (Amendments for Tests and Trials etc.) Regulations 2007 (S.S.I. 2007/224), regs. 1, 22(b)(ii)

F75 Words in sch. 6 para. 17 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(26)(j)(ii) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(24)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F76 Word in sch. 6 para. 17 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(26)(j)(iii) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(24)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F77 Word in sch. 6 para. 17 substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(26)(j)(iv) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(24)(d)); 2020 c. 1, Sch. 5 para. 1(1)

Regulation 24(2)

SCHEDULE 7 S LIMITS OF VARIATION

Commencement Information

I62 Sch. 7 in force at 1.7.2005, see reg. 1(1)

GERMINATION S

Minimum percentage of germination (expressed as an integer)	Limit of variation Per cent
99–100	2
97–98	3
94–96	4
91–93	5
87–90	6
82–86	7
76–81	8
69–75	9
65–68	10

ANALYTICAL PURITY – (a) grasses S

Minimum percentage of analytical purity (expressed to one decimal point)	Limit of variation Per cent
99.9–100	0.2
99.7–99.8	0.4
99.5–99.6	0.5
99.3–99.4	0.6
99.0–99.2	0.7
98.8–98.9	0.8
98.3–98.7	0.9
98.0–98.2	1.0
97.5–97.9	1.1
97.0–97.4	1.2
96.5–96.9	1.3
96.0–96.4	1.4
95.0–95.9	1.5
94.0–94.9	1.6
93.0–93.9	1.7
92.0–92.9	1.9
91.0–91.9	2.0
90.0–90.9	2.1
88.0–89.9	2.2
86.0–87.9	2.4
84.0–85.9	2.5
82.0–83.9	2.6
80.0–81.9	2.8

ANALYTICAL PURITY – (b) legumes and crucifers S

Minimum percentage of analytical purity (expressed to one decimal point)	Limit of variation Per cent
99.9–100	0.2
99.8	0.3
99.6–99.7	0.4
99.3–99.5	0.5
99.0–99.2	0.6
98.5–98.9	0.7
98.3–98.4	0.8
97.5–98.2	0.9
97.0–97.4	1.0
96.5–96.9	1.1
95.5–96.4	1.2
95.0–95.4	1.3
94.0–94.9	1.4
93.0–93.9	1.5
92.0–92.9	1.6
91.0–91.9	1.7
90.0–90.9	1.8

CONTENT OF SEEDS OF OTHER SPECIES IN GRASSES S

Maximum percentage of seeds of other species (expressed to one decimal point)	Limit of variation Per cent
0.0	0.2
0.1	0.3
0.2	0.4
0.3–0.4	0.5
0.5–0.6	0.6
0.7–0.9	0.7
1.0–1.2	0.8
1.3–1.7	0.9
1.8–1.9	1.0
2.0–2.4	1.1
2.5–2.9	1.2
3.0–3.4	1.3
3.5–3.9	1.4
4.0–4.9	1.5
5.0	1.6

CONTENT OF SEEDS OF OTHER SPECIES OR VARIETIES IN LEGUMES AND CRUCIFERS S

Maximum percentage of seeds of other species (expressed to one decimal point)	Limit of variation Per cent
per cent	per cent
0.0	0.1
0.1–0.2	0.3
0.3–0.4	0.4
0.5–0.6	0.5
0.7–0.9	0.6
1.0–1.4	0.7
1.5–1.7	0.8
1.8–2.4	0.9
2.5–2.9	1.0
3.0–3.4	1.1
3.5–4.4	1.2
4.5–4.9	1.3
5.0–5.9	1.4
6.0–6.9	1.5
7.0–7.9	1.6
8.0–8.9	1.7
9.0–9.9	1.8
10.0	1.9

NUMBER OF SEEDS OF OTHER SPECIES S

Maximum number of seeds of other species	Limit of variation Number
Number	Number
0	1
1	3
2	4
3–4	5
5–6	6
7–8	7
9–11	8
12–14	9
15–17	10
18–21	11
22–25	12
26–29	13
30–34	14
35–40	15
41–45	16
46–51	17
52–57	18
58–64	19
65–71	20
72–79	21
80–87	22
88–95	23
96–100	24

Regulation 28(1)

SCHEDULE 8 S REVOCATIONS

Commencement Information

I63 Sch. 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 1993	S.I.1993/2009	The whole Regulations insofar as they apply to Scotland
The Fodder Plant Seeds (Amendment) Regulations 1993	S.I.1993/2529	The whole Regulations insofar as they apply to Scotland
The Fodder Plant Seeds (Amendment) Regulations 1996	S.I.1996/1453	The whole Regulations insofar as they apply to Scotland
The Seeds (Miscellaneous Amendments) Regulations 1997	S.I.1997/616	Regulation 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 1999	S.I.1999/1864	The whole Regulations insofar as they apply to Scotland
The Fodder Plant Seeds (Amendment) (Scotland) Regulations 2000	S.S.I. 2000/247	The whole Regulations
The Seeds (National Lists of Varieties) Regulations 2001	S.I.2001/3510	Regulation 25(4)(a) insofar as it applies to Scotland
The Seeds (Miscellaneous Amendments) (No. 2) (Scotland) Regulations 2002	S.S.I. 2002/564	Regulation 4
The Fodder Plant Seeds Amendment (Scotland) Regulations 2004	S.S.I. 2004/380	The whole Regulations

Regulation 2(1)

F78 SCHEDULE 9 S DEFINITION OF THE FODDER PLANT SEED DIRECTIVE

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

Textual Amendments

F78 Sch. 9 revoked (16.12.2013) by The Seed (Scotland) (Miscellaneous Amendments) Regulations 2013 (S.S.I. 2013/326), regs. 1(1), 7