The Seed (Registration, Licensing and Enforcement) (Scotland) Regulations 2006

Regulations 5(1) and (3), 6(1) and 8(c)

SCHEDULE 1 REGISTERED PERSONS

PART I REGISTRATION: MATTERS TO BE TAKEN INTO ACCOUNT

1.  The premises that are available to the applicant.

2.  The machinery, equipment and facilities that are available to the applicant.

3.  The personnel that are available to the applicant.

4.  Where the applicant is a body corporate or a partnership, the person who is to be the responsible person within the organisation.

5.  Where the activities carried out by the applicant include the preparation of seed mixtures to which the Fodder Plant Seed (Scotland) Regulations 2005 apply(1), the person who has direct responsibility for the mixing operations.

6.  Whether the procedures employed by the applicant in carrying out mixing operations in relation to seed mixtures to which the Fodder Plant Seed (Sco tland) Regulations 2005 apply are sufficient to ensure that mixed or blended seed lots are as homogeneous as is practicable.

7.  Any previous revocation of a registration held by the applicant–

(a) under the Seeds (Registration, Licensing and Enforcement Regulations) 1985(2);

(b) under these Regulations; or

(c) granted by the Secretary of State, the National Assembly for Wales or the Department of Agriculture and Rural Development,

and the circumstances leading to the suspension or revocation.

8.  Any circumstances which led to the applicant, the person who has direct responsibility for the mixing operations in relation to seed mixtures to which the Fodder Plant Seed (Scotland) Regulations 2005 apply or, in the case of a body corporate or partnership, the responsible person, being convicted of an offence under section 16(7) of the Act.

PART II CONDITIONS WHICH SHALL BE IMPOSED ON A REGISTERED PERSON

9.  In the case of a body corporate or a partnership, to notify the Scottish Ministers within 21 days of any change of the body corporate or partnership’s name or the address of its registered or principal office or any premises being used by it for the purpose of carrying on the business of seed merchant, seed packer or seed processor.

10.  In the case of a body corporate or a partnership, to notify the Scottish Ministers within 21 days of any change regarding the responsible person.

11.  In the case of a registered person other than a body corporate or a partnership, to notify the Scottish Ministers within 21 days of an y change of name or address of that person or of premises being used by that person for the purpose of the carrying on the business of seed merchant, seed packer or seed processor.

12.  To notify the Scottish Ministers within 21 days of any change regarding th e person with direct responsibility for the mixing operation in relation to the preparation of seed mixtures to which the Fodder Plant Seed (Scotland) Regulations 2005 apply.

13.  To keep such records as the Scottish Ministers may require of transactions in se ed and of the treatment, testing and other operations undertaken by the registered person or on that person’s behalf in relation to any seed or its disposal including records relating to–

(a) seedcrops;

(b) the date on which official labels are used, the unique label number and the seed lots for which they are used;

(c) in the case of seed intended for marketing, the number and weight of seed lots processed and the date on which they are processed together with species, category and level;

(d) the date on which official samples are taken from seed lots and the identity of the authorised officer or licensed seed sampler who obtained the samples;

(e) the date on which official samples are despatched to the Official Seed Testing Station or a licensed seed testing station for testing;

(f) in the case of a seed lot that is marketed by way of early movement such records as are required to be kept by virtue of the Seed Marketing Regulations;

(g) the date on which and from whom the seed was bought by the registered person and the date on which the registered person sold it (by crop identity number or seed lot reference number) together with the weight of the seed bought or sold; and

(h) in the case of any seed chemically treated by the registered person, the date on which the seed is so treated and details of the treatment applied.

14.  To keep a register of seed mixtures to which the Fodder Plant Seed (Scotland) Regulations 2005 apply.

15.  To permit, at any reasonable time, an authorised officer to inspect and take copies of the records specified in parag raph 13 and of the register specified in paragraph 14.

16.  To permit, at any reasonable time, an authorised officer to inspect the premises, machinery, equipment and facilities used by, or available to, the registered person for the carrying on of the business in respect of which that person is registered.

17.  To give the Scottish Ministers such other information as they may require in connection with the business in respect of which the registered person is registered.

Regulations 10(1) and 11(3)

SCHEDULE 2

PART I FUNCTIONS THAT MAY BE SPECIFIED IN A CROP INSPECTOR'S LICENCE

1.  To inspect crops grown to produce seed of a species to which the Seed Marketing Regulations apply, except pre-basic and basic seed, in accordance with instructions issued from time to time by or on behalf of the Scottish Ministers for the purposes of seeds regulations to determine whether the crops meet the relevant standards prescribed in seeds regulations including–

(a) confirmation of the identity of the variety insofar as possible;

(b) the detection and recording of any species impurities or varietal impurities;

(c) the checking of compliance with isolation requirements; and

(d) the assessment of the general condition of the crop including–

(i) whether the crop is in a suitable condition for inspection;

(ii) any pesticide spray damage that may have been caused to the crop; and

(iii) the existence of weeds and diseases.

2.  To authenticate each seed lot sown to produce a seed crop and to record at least one label serial number used for such authentication.

3.  To issue a field inspection report following the inspection of a seed crop in accordance with seeds regulations.

4.  To submit to the Scottish Ministers such reports on the inspection of crops carried out by the licensed crop inspector as the Scottish Ministers may require.

5.  To keep records of crops inspected by the licensed crop inspector in such form as is required by the Scottish Ministers.

PART II CONDITIONS THAT SHALL BE ATTACHED TO A CROP INSPECTOR'SLICENCE

6.  To carry out the functions of a licensed crop inspector subject to the supervision of authorised officers.

7.  To carry out the functions of a licensed crop inspector in accordance with seeds regulations and any instructions issued by or on behalf of the Scottish Ministers.

8.  To attend such training courses and undergo such examinations related to the functions specified in the crop inspector’s licence as the Scottish Ministers may require.

9.  To notify the Scottish Ministers within 21 days of any change of address of the licensed crop inspector.

10.  To inspect not more than the maximum areas, if any, specified by the Scottish Ministers.

Regulations 17(1) and 18(1) and (3)

SCHEDULE 3 LICENSED SEED SAMPLERS

PART I FUNCTIONS THAT MAY BE SPECIFIED IN A SEED SAMPLER'S LICENCE

1.  To sample seed for the purposes of seeds regulations and to submit sealed samples of such seed to the Official Seed Testing Station or a licensed seed testing station.

2.  To keep r ecords of seed lots sampled and the methods of sampling used.

3.  To keep records of the use of all official labels issued on behalf of the Scottish Ministers.

4.  To ensure that packages of seed are labelled or re-labelled and sealed or re-sealed in accordance with seeds regulations.

5.  To ensure that mixtures of seed are prepared, labelled or re-labelled and sealed or re-sealed in accordance with seeds regulations.

6.  To ensure that sampling equipment used in carrying out the functions of a licensed seed sampler operates correctly at all times and is properly maintained.

PART II CONDITIONS THAT SHALL BE ATTACHED TO A SEED SAMPLER'S LICENCE

7.  To carry out the functions of a licensed seed sampler subject to supervision by authorised officers.

8.  To carry out the functions of a licensed seed sampler in accordance with seeds regulations and any instructions issued by or on behalf of the Scottish Ministers.

9.  To attend such training courses and undergo such examinations related to the functions specified in the seed sampler’s licence as the Scottish Ministers may require.

10.  To notify the Scottish Ministers within 21 days of any change of address of the licensed seed sampler.

11.  Where a seed sampler is employed by a registered person, to only sample seed lot s produced by or on behalf of that employer unless otherwise agreed between the licensed seed sampler, the registered person, the applicant for certification and the Scottish Ministers.

Regulations 24(2)(c), 25(1) and (3) and 26(2)

SCHEDULE 4 LICENSED SEED TESTING STATIONS

PART I LICENSING OF LABORATORIES: MATTERS TO BE TAKEN INTO ACCOUNT

1.  The premises in which the laboratory is situated.

2.  The equipment that is available at the laboratory for carrying out statutory seed testing.

3.  The knowledge and qualifications–

(a) in seed testing and laboratory management of the proposed Analyst in Charge; and

(b) in seed testing of any seed analysts who staff, or will staff, the laboratory in respect of which the application is made.

PART II CONDITIONS THAT SHALL BE ATTACHED TO A SEED TESTING STATION LICENCE

4.  The licence holder shall appoint and maintain an Analyst in Charge and a Person in Charge.

5.  All statutory seed testing carried out at the license d seed testing station shall be carried out by a seed analyst or the Analyst in Charge of the licensed seed testing station.

6.  To notify the Scottish Ministers of any change of Analyst in Charge or Person in Charge within 21 days of such change occurring.

7.  To maintain the premises in which the licensed seed testing station is situated and the equipment therein to a standard approved by the Scottish Ministers for the purpose of carrying out statutory seed testing and only to modify such premises or equipment in accordance with instructions issued by the Scottish Ministers.

8.  To open the licensed seed testing station to inspection by an authorised officer at all reasonable times.

9.  To carry out statutory seed testing in accordance with seeds regulations and such other directions, including relevant international seed testing methods as are notified from time to time by the Scottish Ministers.

10.  To keep records of all seed tests carried out at the licensed seed testing station whether or not carried out for the purposes of seeds regulations.

11.  To make the records referred to in paragraph 10 available for inspection by an authorised officer at all reasonable times.

12.  To take a portion (“the reserve portion”) of every sample of seed submitted for statutory seed testing f rom the submitted sample in accordance with a method specified by the Scottish Ministers which is of at least the prescribed minimum weight.

13.  To place the reserve portion in a bag and identify, seal and retain the bag under storage conditions in accordance with instructions issued by the Scottish Ministers and not to open the bag during the period specified in the instructions except by or on the authority of an authorised officer.

14.  To deliver the reserve portion to an authorised officer on request.

Regulation 34(1)

SCHEDULE 5 FORM OF CERTIFICATE OF THE TAKING OF A SAMPLE OF SEEDS

Regulation 34(2)

SCHEDULE 6 FORM OF CERTIFICATES OF THE RESULTS OF TESTS OF SEEDS

PART I FORM OF CERTIFICATE OF RESULTS OF TESTS OF BEET SEED

PART II FORM OF CERTIFICATE OF RESULTS OF TESTS OF CEREAL SEED

PART III FORM OF CERTIFICATE OF RESULTS OF TESTS OF FODDER PLANT SEED

PART IV FORM OF CERTIFICATE OF RESULTS OF TESTS OF OIL AND FIBRE PLANT SEED

PART V FORM OF CERTIFICATE OF RESULTS OF TESTS OF VEGETABLE SEED

(1)

S.S.I. 2005/329 as amended by regulation 44 of these Regulations.

(2)

S.I. 1985/980 as amended by S.I. 1987/1098, 1990/611 and 1993/2530.