http://www.legislation.gov.uk/id/ssi/2009/223

http://www.legislation.gov.uk/ssi/2009/223/regulation/4/made

The Seed (Scotland) (Amendments for Conservation Varieties) Regulations 2009

Job descriptions

King's Printer for Scotland

2016-08-30

SEEDS

These Regulations amend the Cereal Seed (Scotland) Regulations 2005, the Fodder Plant Seed (Scotland) Regulations 2005 and the Oil and Fibre Plant Seed (Scotland) Regulations 2004 (referred to collectively as “the principal Regulations”) in order to permit the marketing of Conservation Varieties, in implementation of Commission Directive 2008/62/EC. Seed of a Conservation Variety may only be marketed where the following are complied with–it is included in the UK National List of plant varieties of agricultural plant species, as a Conservation Variety;it descends from seed produced according to well defined practices for maintenance of the variety;the seed has been harvested from a crop that has been produced in the region of origins and meets normal requirements for crops with the exception of the requirements in respect of minimum varietal purity and the requirements concerning official examination or examination under official supervision for avoidance of doubt, in the case of a Conservation Variety an official field inspection of the crop is not required;the seed must satisfy certain requirements as are laid down in Schedule 4A of each of the respective principal Regulations;seed of a Conservation Variety must be marketed in its region of origin and those who produce seed of a Conservation Variety must supply the Scottish Ministers with details in writing as to the size in hectares and the location of the area to be used to produce the seed;Conservation Varieties are subject to quantative restrictions and accordingly these Regulations permit Scottish Ministers to specify the maximum amount of seed of a Conservation Variety which may be marketed in any growing season. Scottish Ministers may request in writing the amount and variety of the seed placed on the market during each growing season.

PART 2AMENDMENTS TO THE CEREAL SEED (SCOTLAND) REGULATIONS 2005

Marketing of seed4

In regulation 6 (marketing of seed)–

a

in paragraph (1)(b)(i) for “Pre-basic Seed, fully certified Basic Seed or Seed of a Certified Generation” substitute “Pre-basic Seed, fully certified Basic Seed, Seed of a Certified Generation or seed of a Conservation Variety”;

b

for paragraph (2) substitute–

2
Paragraph (1) shall not apply to the marketing of seed which has not yet been fully certified if–
a
the seed is marketed for processing;
b
the identity of the seed is ensured; and
i
the seed has been harvested by an official field inspection to satisfy the conditions specified in Part I of Schedule 4 or Annex I (crop conditions) of the Cereal Seed Directive for the relevant category of seed; or
ii
the seed of a Conservation Variety has been harvested from a crop which has been found to satisfy the conditions specified in Part III of Schedule 4A.

c

in paragraph (3)–

i

delete “either”;

ii

after “Schedule 2,” insert “the examination referred to in paragraph 2(b) of Part I of Schedule 4A”4.