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

http://www.legislation.gov.uk/ssi/2009/223/schedule/3/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.

SCHEDULE 3SCHEDULE 4A TO BE INSERTED IN THE FODDER PLANT SEED (SCOTLAND) REGULATIONS 2005

Regulation 30

SCHEDULE 4ASTANDARDS FOR CERTIFICATION OF CONSERVATION VARIETIES
Regulations 6, 9B and 14
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.