2007 No. 305
SEEDS

The Vegetable Seeds Amendment (Scotland) Regulations 2007

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1), (1A), (2) and (3) and 36 of the Plant Varieties and Seeds Act 19641 and of all other powers enabling them to do so.

In accordance with section 16(1) of that Act, they have consulted with representatives of such interests as appear to them to be concerned.

Citation, commencement and extent1.

(1)

These Regulations may be cited as the Vegetable Seeds Amendment (Scotland) Regulations 2007 and come into force on 1st July 2007.

(2)

These Regulations extend to Scotland only.

Amendments to the Vegetable Seeds Regulations 19932.

The Vegetable Seeds Regulations 19932 are amended by regulations 3 to 9.

Amendment to regulation 33.

In regulation 3 (interpretation), in the definition of “small package” for “or broad bean” substitute “, broad bean, sweet corn or popcorn”.

Amendment to regulation 94.

After regulation 9(12) (labelling of packages) insert–

“(12A)

Where the kind or variety of seed is indicated on a label or marking it must be in Roman characters and the kind of seed may be designated by common name only or by common name and Latin name.”.

Amendment to regulation 9A5.

After regulation 9A(8) (labelling of packages – breeder’s confirmation) insert–

“(8A)

Where the kind or variety of seed is indicated on a label or marking it must be in Roman characters and the kind of seed may be designated by common name only or by common name and Latin name.”.

Amendment to Schedule 16.

For Schedule 1 (kinds of seeds to which the Regulations apply) substitute Schedule 1 as set out in the Schedule to these Regulations.

Amendment to Schedule 47.

In Schedule 4, Part II, paragraph 2(a) (minimum standards for seeds), in the appropriate alphabetical place in the table insert the following entries–

Kind

Minimum analytical purity (% by weight)

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

Minimum germination (% of pure seeds or pellets)

Sweet corn or popcorn

98

0.1

85

Amendment to Schedule 58.

In Schedule 5–

(a)

in Part I, paragraph 11(a) (dynamic spear sampler), for the table substitute–
“Dimensions (mm)

Point

Shoulder

Boss

Aperture Length

Aperture Width

Bore

Outside Diameter

(a)

(b)

(c)

(d)

(e)

(f)

(g)

For sampling–

all kinds other than asparagus, beans, beet, cucumber, gherkin, marrow, melon, peas, popcorn, spinach, sweet corn

42

7

8

20

8

10

12

all kinds other than beans, marrow, peas, popcorn, sweet corn

85

12

10

33

11

13

15

all kinds other than peas and broad beans

82

12

13

40

15

17

19

peas and broad beans

78

15

15

40

18

20

22”; and

(b)

in Part II (maximum weight of a seed lot and minimum weight of a submitted sample), in the appropriate alphabetical place in the table insert the following entries–

Kind

Maximum lot weight (tonnes)

Minimum submitted sample weight (g)

Sweet corn or popcorn

20

1,000

Amendment to Schedule 69.

In Schedule 6 for the Schedule heading substitute “LABELS AND MARKING”.

RICHARD LOCHHEAD
A member of the Scottish Executive

St Andrew’s House,

Edinburgh

SCHEDULE

Regulation 6

“SCHEDULE 1KINDS OF SEED TO WHICH THESE REGULATIONS APPLY

Regulation 4(1)

Latin Name

Common Name

Allium cepa L. (Cepa group)

Onion

Echalion

Allium porrum L.

Leek

Apium graveolens L.

Celery

Celeriac

Asparagus officinalis L.

Asparagus

Beta vulgaris L.

Beetroot including Cheltenham beet

Spinach beet or Chard

Brassica oleracea L.

Curly kale

Cauliflower

Sprouting broccoli or Calabrese

Brussels sprouts

Savoy cabbage

White cabbage

Red cabbage

Kohlrabi

Brassica rapa L.

Chinese cabbage

Turnip

Cichorium endivia L.

Curled-leaved endive

Plain-leaved endive

Cichorium intybus L.

Witloof chicory

Large-leaved chicory or Italian chicory

Industrial chicory

Cucumis melo L.

Melon

Cucumis sativus L.

Cucumber

Gherkin

Cucurbita maxima Duchesne

Gourd

Cucurbita pepo L.

Marrow or Courgette

Daucus carota L.

Carrot

Fodder carrot

Lactuca sativa L.

Lettuce

Lycopersicon esculentum Mill

Tomato

Petroselinum crispum (Mill.) Nyman ex A. W. Hill

Parsley

Phaseolus coccineus L.

Runner bean

Phaseolus vulgaris L.

Dwarf French bean

Climbing French bean

Pisum sativum L. (partim)

Wrinkled pea

Round pea

Sugar pea

Raphanus sativus L.

Radish

Black radish

Spinacia oleracea L.

Spinach

Vicia faba L. (partim)

Broad bean

Zea mays L. (partim)

Sweet corn

Popcorn”.

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, come into force on 1st July 2007. They amend the Vegetable Seeds Regulations 1993 (“the principal Regulations”) in order to update the list of genera and species of plants to which those Regulations apply (regulation 6 and the Schedule). This implements Articles 2 and 3 of Commission Directive 2006/124/EC (O.J. No. L 339, 6.12.2006, p.12), which amended the list of species in Council Directive 2002/55/EC (O.J. No. L 193, 20.7.2002, p.33) on the marketing of vegetable seed. The main change is to extend the principal Regulations to Zea Mays L. (sweet corn and popcorn). Additionally, certain botanical names in Schedule 1 to the principal Regulations are changed.

The definition of “small package” in regulation 3 of the principal Regulations is amended as a result of the inclusion of sweet corn and popcorn and other such consequential amendments are made to Schedules 4 and 5 (regulations 3, 7 and 8).

Amendments are made to regulations 9 and 9A of, and Schedule 6 to, the principal Regulations to provide that on labelling and markings the kind of seed must be shown by common name (regulations 4, 5 and 9). The Latin name, in addition, is optional.

No Regulatory Impact Assessment has been prepared in respect of these Regulations as they have no impact on costs to business.