I65SCHEDULE 1SPECIES OF SEED TO WHICH THE REGULATIONS APPLY

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

Annotations:
Commencement Information
I65

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

Column 1

Column 2

Common Name

Latin Name

Grasses

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 (Hybrids resulting from crossing of a species of the genus Festuca with a species of the genus Lolium) *

Festuca spp. x Lolium spp.

Hybrid ryegrass *

Lolium x boucheanum Kunth

Italian ryegrass (including Westerwolds ryegrass) *

Lolium multiflorum Lam.

Meadow fescue *

Festuca pratensis Hudson

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.

Sheep’s fescue (including fine-leaved fescue and hard fescue)

Festuca ovina L.

Small Timothy *

Phleum bertolonii DC.

Smooth-stalked meadowgrass *

Poa pratensis L.

Tall fescue *

Festuca arundinacea Schreber

Tall oatgrass

Arrhenatherum elatius (L.) P.Beauv. ex J. S. and K. B. Presl

Timothy *

Phleum pratense L.

Velvet bent

Agrostis canina L.

Wood meadowgrass

Poa nemoralis L.

Legumes

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.

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. viridis 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

SCHEDULE 2OFFICIAL CERTIFICATES AND BREEDER'S CONFIRMATIONS

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

PART IOFFICIAL CERTIFICATES

Applications for seed harvested in the United KingdomI11

On receipt of an application made in accordance with regulation 14(1) but not made in pursuance of Article 15 (certification of seed from other EEA States or equivalent third countries) of the Fodder Plant Seed Directive 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.

Annotations:
Commencement Information
I1

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

When applications will be refusedI22

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.

Annotations:
Commencement Information
I2

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

When applications may be refusedI33

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.

Annotations:
Commencement Information
I3

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

Applications for seed harvested in an EEA State or third countryI44

Notwithstanding paragraphs 2 and 3, on receipt of an application made in accordance with regulation 14(1) and in pursuance of Article 15 (certification of seed from other EEA States or equivalent third countries) of the Fodder Plant Seed Directive 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 issue in respect of the seed lot an official certificate containing the particulars specified in paragraph 1 of Schedule 3 if–

a

the seed has been–

i

produced directly from fully certified Basic Seed, Certified Seed of the First Generation or seed certified in a third country which is permitted to be sold as Basic Seed or Certified Seed of the First Generation by virtue of a general licence granted by the Scottish Ministers under regulation 10 or the implementation of the Equivalence Decision; and

ii

harvested in an EEA State other than the United Kingdom or in a third country; or

b

the seed has been–

i

produced directly from the crossing of fully certified Basic Seed with seed certified in a third country which is permitted to be sold as Basic Seed by virtue of a general licence granted by the Scottish Ministers under regulation 10 or the implementation of the Equivalence Decision; and

ii

harvested in an EEA State other than the United Kingdom or in a third country; or

c

the seed–

i

is to be certified by the Scottish Ministers as Basic Seed;

ii

has been produced directly from fully certified Pre-basic Seed or from seed certified in a third country which is permitted to be sold as Pre-basic seed by virtue of a general licence granted by the Scottish Ministers under regulation 10 or the implementation of the Equivalence Decision; and

iii

has been harvested in an EEA State other than the United Kingdom or in a third country; and

provided that–

d

if the seed has been harvested in an EEA State other than the United Kingdom, the seed has been harvested from a crop which has been found by official field inspection to satisfy the crop conditions specified in Annex I (crop standards) of the Fodder Plant Seed Directive for the relevant category of seed;

e

if the seed has been harvested in an EEA State, the seed has been packed in a sealed package in accordance with the requirements of Article 9(1) (sealing) of the Fodder Plant Seed Directive and has been labelled in accordance with the requirements of the second indented sub-paragraph of the first paragraph of Article 15(2) (labelling requirements for certification of seed from other EEA States or equivalent third countries) of the Fodder Plant Seed Directive;

f

if the seed has been harvested in an EEA State, the seed has been imported into the United Kingdom as not finally certified seed;

g

if the seed has been harvested in an EEA State, the seed is accompanied by an Annex V(C) document relating to the seed issued by the competent seed certification authority in the EEA State; and

h

official examination has shown that the conditions specified in Part II of Schedule 4 for the relevant category of seed have been satisfied.

Annotations:
Commencement Information
I4

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

PART IIBREEDER'S CONFIRMATIONS

ApplicationsI55

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.

Annotations:
Commencement Information
I5

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

When applications will be refusedI66

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.

Annotations:
Commencement Information
I6

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

When applications may be refusedI77

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 UK National List (or to an equivalent list in an EEA State) has been withdrawn or refused.

Annotations:
Commencement Information
I7

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

SCHEDULE 3PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE OR A BREEDER'S CONFIRMATION

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

Particulars to be specified in an official certificateI81

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, registered 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.

Annotations:
Commencement Information
I8

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

Particulars to be specified in a breeder’s confirmationI92

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, registered 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.

Annotations:
Commencement Information
I9

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

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

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

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

Methods of ascertaining whether crop requirements are metI101

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.

Annotations:
Commencement Information
I10

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

Varietal identity and varietal purityI112

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 UK National List, an equivalent list in another EEA State or the Common Catalogue.

Annotations:
Commencement Information
I11

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

Crop inspectionI123

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.

Annotations:
Commencement Information
I12

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

Harmful organisms in the cropI134

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

Annotations:
Commencement Information
I13

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

Previous croppingI145

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.

Annotations:
Commencement Information
I14

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

Limitations on number of harvest yearsI156

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.

Annotations:
Commencement Information
I15

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

Isolation distances – generalI167

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.

Annotations:
Commencement Information
I16

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

Isolation distances – minimum distancesI178

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.

Annotations:
Commencement Information
I17

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

Standards for varietal purityI189

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

Annotations:
Commencement Information
I18

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

Crop conditions for Pre basic SeedI1910

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.

Annotations:
Commencement Information
I19

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

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

Standards for varietal purityI2011

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.

Annotations:
Commencement Information
I20

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

Harmful organisms in the seedI2112

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

Annotations:
Commencement Information
I21

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 speciesI2213

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)

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

(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).

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)

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

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

98

0.3

0.5

Trefoil

80(b)

20

97

0.3

1.5

White lupin

80(b)

20

98

0.3

0.5

Yellow lupin

80(b)

20

98

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

(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).

Annotations:
Commencement Information
I22

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

Standards regarding content of seeds of other plant speciesI2314

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, A.ludoviciana and A.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)

Agropyron 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)

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

(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).

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, A.ludoviciana and A.sterilis (Wild oat) Cuscuta spp. (Dodder)

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

Alopecurus myosuroides (Blackgrass)

Agropyron 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)

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

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)

(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 (bitter varieties) the presence of seeds of another colour shall not exceed 4.0%.

(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).

Annotations:
Commencement Information
I23

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

F6SCHEDULE 4ASTANDARDS FOR CERTIFICATION OF CONSERVATION VARIETIES

Regulations 6, 9B and 14

Annotations:

PART IOFFICIAL CERTIFICATES

Applications for seed harvested in the United Kingdom1

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 refused2

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 refused3

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 IIPARTICULARS 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, registered number;

c

seed lot reference number;

d

species and variety;

e

net weight of seed lot and number of containers;

f

seed treatment, if any; and

g

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

PART IIICONDITIONS RELATING TO CROPS FROM WHICH SEED IS OBTAINED

Varietal identity and varietal purity1

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 UK National List, an equivalent list in another EEA state or the Common Catalogue.

Harmful organisms in the crop2

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

PART IVCONDITIONS RELATING TO SEED OF A CONSERVATION VARIETY

Standards of germination, analytical purity and content of seed of other plant species1

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

Harmful organisms in the seed2

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

Varietal purity3

The seed shall have sufficient varietal purity.

PART VEXAMINATIONS

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.

SCHEDULE 5

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

PART ISAMPLING OF SEED LOTS

DefinitionsI241

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.

Annotations:
Commencement Information
I24

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

Obtaining a submitted sampleI252

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.

Annotations:
Commencement Information
I25

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

Primary sample sizeI263

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

Annotations:
Commencement Information
I26

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

Condition of the seed lotI274

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

Annotations:
Commencement Information
I27

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

Seed lot containersI285

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.

Annotations:
Commencement Information
I28

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

Sampling from sacks – minimum number of containers to be sampledI296

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

Annotations:
Commencement Information
I29

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

Sampling from sacks or similar containersI307

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.

Annotations:
Commencement Information
I30

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

Sampling from small containers – generalI318

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.

Annotations:
Commencement Information
I31

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

Sampling from small containers – moisture-proof containersI329

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.

Annotations:
Commencement Information
I32

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

Sampling from small containers – primary samplesI3310

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.

Annotations:
Commencement Information
I33

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

Sampling from large containersI3411

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

Annotations:
Commencement Information
I34

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 BulkI3512

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.

Annotations:
Commencement Information
I35

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

Sampling from a seed streamI3613

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.

Annotations:
Commencement Information
I36

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

Sampling instruments – generalI3714

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

Annotations:
Commencement Information
I37

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

Sampling instruments – instruments and methodsI3815

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.

Annotations:
Commencement Information
I38

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

Sampling instruments – power to allow other instruments and methodsI3916

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.

Annotations:
Commencement Information
I39

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

Sampling instruments – instruments for drawing primary samplesI4017

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

aDynamic 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

Image_r00000

bStick 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

Image_r00001

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

Image_r00002

cCargo 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.

dSeed 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.

Annotations:
Commencement Information
I40

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 – generalI4118

All instruments shall be clean before use.

Annotations:
Commencement Information
I41

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 samplersI4219

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

aDynamic 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;

bStick 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;

cCargo 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

dSeed 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.

Annotations:
Commencement Information
I42

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

Obtaining a submitted sample – composite sample division instrumentsI4320

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–

aRiffle 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;

bCentrifugal 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;

cOther instruments

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

Annotations:
Commencement Information
I43

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

Method of use of riffle dividerI4421

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;

cSample 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;

hSample 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;

rObtaining 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).

Annotations:
Commencement Information
I44

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

Method of use of a centrifugal dividerI4522

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;

cSample 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;

jSample 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;

tObtaining 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).

Annotations:
Commencement Information
I45

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

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

Maximum weight of a seed lotI4623

Subject to paragraphs 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.

Annotations:
Commencement Information
I46

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

Margin by which seed lots can exceed maximum weightI4724

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%.

Annotations:
Commencement Information
I47

Sch. 5 para. 24 in force at 1.7.2005, see reg. 1(1)

Maximum weight of a seed lot of mixturesF125

1

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

2

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

Minimum weight of a sampleI4826

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

Sheep’s fescue, including Fine-leaved fescue, Hard 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

25

1,000

1,000

Field bean

25

1,000

1,000

Field pea

25

1,000

1,000

Hairy vetch

20

1,000

1,000

Hungarian vetch

20

1,000

1,000

Lucerne

10

300

50

Narrow-leaved lupin (Blue lupin)

25

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

25

1,000

1,000

Yellow lupin

25

1,000

1,000

Others

Fodder kale

10

200

100

Fodder radish

10

300

300

Swede

10

200

100

Annotations:
Commencement Information
I48

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

SCHEDULE 6

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

PART IGENERAL

Method of referring to species of seedI491

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.

Annotations:
Commencement Information
I49

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

Method of referring to varieties of seedI502

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.

Annotations:
Commencement Information
I50

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

PART IILABELS

Label for a package of Breeder’s SeedI513

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 registered 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.

Annotations:
Commencement Information
I51

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

Official label for a package of Pre-basic SeedI524

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

a

contain the following information–

i

certifying authority and EEA State or their commonly used 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.

Annotations:
Commencement Information
I52

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 GenerationI535

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 “EC rules and standards”;

ii

certifying authority and EEA State or their commonly used initials;

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.

Annotations:
Commencement Information
I53

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

Official label for a package of Commercial SeedI546

The official label for a package of Commercial Seed shall–

a

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

i

the words “EC rules and standards”;

ii

certification authority and EEA State or their commonly used initials;

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.

Annotations:
Commencement Information
I54

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

F4Official label for a package of test and trial seed6A

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 EEA State or their distinguishing abbreviation;

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;

vii

the official application number in relation to the application for listing under regulation 4(1)(a) (applications in relation to National Lists) of the Seeds (National List 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.

F7Official label for a package of seed of a Conservation Variety6B

1

The official label for a package of seed of a Conservation Variety shall–

a

contain the following information–

i

the words “EC rules and standards”;

ii

the name and address, or the registration number, of the person responsible for affixing the label or notice;

iii

the year of sealing, or the year of last sampling for the purposes of the last testing of germination, expressed by the word “sealed” or “sampled” (as the case may be), followed by the year in question;

iv

the species;

v

the denomination of the Conservation Variety;

vi

the words “Conservation Variety”;

vii

the region of origin;

viii

where the region of seed production is different from the region of origin, the indication of the region of seed production;

ix

the reference number of lot given by the person responsible for affixing the labels;

x

the declared net or gross weight or declared number of seeds; and

xi

where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters of pure seeds and the total weight; and

b

be a minimum size of 110 millimetres by 67 millimetres; and

c

be coloured brown.

Official label for a package of a mixture of seeds to which regulation 8 appliesI557

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 EEA State or their commonly used initials;

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.

Annotations:
Commencement Information
I55

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 FestuloliumI568

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.

Annotations:
Commencement Information
I56

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

PART IIILABELS FOR SMALL EC A OR SMALL EC B PACKAGES

Label for a small EC B package of Basic Seed, Seed of a Certified Generation or Commercial SeedI579

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

a

contain the following information–

i

the words “small EC ‘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.

Annotations:
Commencement Information
I57

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

Label for a small EC A or small EC B package of MixturesI5810

The label for a small EC A or small EC 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 EC ‘A’ package” or “small EC ‘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 Member State 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 EC A package–

i

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

ii

the Member State or its initials; and

i

for a small EC B package–

i

the officially assigned serial number;

ii

the service which assigned the serial number and the name of the Member State or their initials; and

iii

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

Annotations:
Commencement Information
I58

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

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

Particulars to be marked or displayed on the sale of unpacketed seedI5911

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.

Annotations:
Commencement Information
I59

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

PART VINFORMATION IN RESPECT OF SEED IMPORTED FROM COUNTRIES WHICH ARE NOT EEA STATES IN PACKAGES EXCEEDING 2 KILOGRAMS NET WEIGHT

Information to be supplied in respect of seed imported from a country which is not an EEA State in a package exceeding 2 kilograms net weightI6012

The information to be supplied to the Scottish Ministers in accordance with regulation 6(5) in respect of seed imported from a country which is not an EEA State 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.

Annotations:
Commencement Information
I60

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

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

Packages sealed in Scotland – printers' returnsI6113

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 F222(6) and of the individual serial numbers of such packages.

Packages sealed in Scotland – individual serial numbersI6214

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.

Annotations:
Commencement Information
I62

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

Packages sealed in Scotland – printing or stampingI6315

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.

Annotations:
Commencement Information
I63

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 stampI6416

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.

Annotations:
Commencement Information
I64

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 in an EEA State other than the United KingdomF317

Such requirements of the EEA State (if the seed was sealed in that EEA State) or the Department of Agriculture and Rural Development (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.

I68SCHEDULE 7LIMITS OF VARIATION

Regulation 24(2)

Annotations:
Commencement Information
I68

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

I68GERMINATION

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

I68ANALYTICAL PURITY – (a) grasses

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

I68ANALYTICAL PURITY – (b) legumes and crucifers

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

I68CONTENT OF SEEDS OF OTHER SPECIES IN GRASSES

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

I68CONTENT OF SEEDS OF OTHER SPECIES OR VARIETIES IN LEGUMES AND CRUCIFERS

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

I68NUMBER OF SEEDS OF OTHER SPECIES

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

I66SCHEDULE 8REVOCATIONS

Regulation 28(1)

Annotations:
Commencement Information
I66

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

I67SCHEDULE 9DEFINITION OF THE FODDER PLANT SEED DIRECTIVE

Regulation 2(1)

Annotations:
Commencement Information
I67

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

I69

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

Amendments (Textual)

I69“The Fodder Plant Seed Directive” means Council Directive 66/401/EEC28 on the marketing of fodder plant seed as amended by–

Community Instrument

Reference

Council Directive 69/63/EEC29

O.J. No. L 48 26.2.1969, p.8

Council Directive 71/162/EEC30

O.J. No. L 87 17.4.1971, p.24

Act of Accession of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland31

O.J. No. L 73 27.3.1972, p.14

Council Directive 72/274/EEC

O.J. No. L 171 29.7.1972, p.37

Council Directive 72/418/EEC32

O.J. No. L 287 26.12.1972, p.22

Council Directive 73/438/EEC33

O.J. No. L 356 27.12.1973, p.79

Council Directive 75/444/EEC

O.J. No. L 196 26.7.1975, p.6

Council Directive 78/55/EEC

O.J. No. L 16 20.1.1978, p.23

First Commission Directive 78/386/EEC

O.J. No. L 113 25.4.1978, p.1

Council Directive 78/692/EEC

O.J. No. L 236 26.8.1978, p.13

Council Directive 78/1020/EEC

O.J. No. L 350 14.12.1978, p.27

Commission Directive 79/641/EEC

O.J. No. L 183 19.7.1979, p.13

Council Directive 79/692/EEC

O.J. No. L 205 13.8.1979, p.1

Act of Accession of Greece

O.J. No. L 291 19.11.1979, p.17

Commission Directive 80/754/EEC

O.J. No. L 207 9.8.1980, p.36

Commission Directive 81/126/EEC

O.J. No. L 67 12.3.1981, p.36

Commission Directive 82/287/EEC

O.J. No. L 131 13.5.1982, p.24

Commission Directive 85/38/EEC

O.J. No. L 16 19.1.1985, p.41

Council Regulation (EEC) No 3768/85

O.J. No. L 362 31.12.1985, p.8

Council Directive 86/155/EEC

O.J. No. L 118 7.5.1986, p.23

Commission Directive 87/120/EEC

O.J. No. L 49 18.2.1987, p.39

Commission Directive 87/480/EEC

O.J. No. L 273 26.9.1987, p.43

Council Directive 88/332/EEC

O.J. No. L 151 17.6.1988, p.82

Council Directive 88/380/EEC

O.J. No. L 187 16.7.1988, p.31

Commission Directive 89/100/EEC

O.J. No. L 38 10.2.1989, p.36

Council Directive 90/654/EEC

O.J. No. L 353 17.12.1990, p.48

Commission Directive 92/19/EEC34

O.J. No. L 104 22.4.1992, p.61

Act of Accession of Austria, Sweden and Finland35

O.J. No. C 241 29.8.1994, p.21

Commission Directive 96/18/EC

O.J. No. L 76 26.3.1996, p.21

Council Directive 96/72/EC

O.J. No. L 304 27.11.1996, p.10

Council Directive 98/96/EC36

O.J. No. L 25 1.2.1999, p.27

Council Directive 98/95/EC

O.J. No. L 25 1.2.1999, p.1

Council Directive 2001/64/EC

O.J. No. L 234 1.9.2001, p.60

Council Directive 2003/61/EC

O.J. No. L 165 3.7.2003, p.23

Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded

O.J. No. L 236, 23.9.03, p.33

Commission Directive 2004/55/EC

O.J. No. L 114 21.4.2004, p.18

F5Council Directive 2004/117/EC

O.J. No. L 14, 18.1.2005, p.18