The Beet Seed (Scotland) (No. 2) Regulations 2010

Regulations 2(1) and (5), 3, 4(1)9(2) and (4) and 11(1)

SCHEDULE 1 S SPECIES AND CATEGORIES OF BEET SEED

PART I S SPECIES OF SEED TO WHICH THE REGULATIONS APPLY

Seeds of sugar beet and fodder beet of the species Beta Vulgaris L.

PART II S CATEGORIES OF SEED THAT MAY BE MARKETED

Breeder's Seed S

1.  Breeder's Seed is uncertified Pre-Basic Seed of a generation earlier than that of Basic Seed—

(a) which has been produced by or under the responsibility of the breeder; and

(b) is intended for the production of uncertified Pre-Basic Seed, Pre-Basic Seed or Basic Seed.

Pre-Basic Seed S

2.  Pre-Basic Seed is seed of a generation earlier than that of Basic Seed—

(a) which has been produced by or under the responsibility of the breeder;

(b) is intended for the production of Pre-Basic Seed, Basic Seed or, with the written authority of the breeder and the Scottish Ministers, Certified Seed, and

(c) either—

(i) satisfies the requirements for Basic Seed set out in Schedule 4 and in respect of which—

(aa) an official certificate has been issued in accordance with Part I of Schedule 2; or

(bb) a breeder's confirmation has been issued in accordance with Part II of Schedule 2; or

(ii) has been certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in sub-paragraphs (a) and (b) and Annex I (conditions for certification) of the Beet Seed Directive.

Basic Seed S

3.  Basic Seed is seed—

(a) which has been produced by or under the responsibility of the breeder from uncertified Pre-Basic Seed or Pre-Basic Seed;

(b) is intended for the production of Certified Seed, and

(c) either—

(i) satisfies the requirements for Basic Seed set out in Schedule 4 and in respect of which–

(aa) an official certificate has been issued in accordance with Part I of Schedule 2; or

(bb) a breeder's confirmation has been issued in accordance with Part II of Schedule 2; or

(ii) has been certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in sub-paragraphs (a) and (b) and Annex I of the Beet Seed Directive.

Certified Seed S

4.  Certified Seed is seed—

(a) which has been produced directly from Basic Seed or, with the written authority of the breeder and the Scottish Ministers, from Pre-Basic Seed; and

(b) either—

(i) satisfies the requirements for Certified Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Part I of Schedule 2; or

(ii) has been certified by a European Authority other than the Scottish Ministers as satisfying the conditions specified in sub-paragraph (a) and Annex I of the Beet Seed Directive.

Regulations 2(1), 6(4), 11(1)15(2), 16(2) and 19(14)

SCHEDULE 2 S OFFICIAL CERTIFICATES AND BREEDER'S CONFIRMATIONS

PART I S OFFICIAL CERTIFICATES

Applications for seed harvested in the United Kingdom S

1.  On receipt of an application made in accordance with regulation 15(1) but not made in pursuance of Article 22 (certification of seed from other EEA states or equivalent third countries) of the Beet Seed Directive for the issue of an official certificate in respect of a seed lot as Pre-Basic Seed, Basic Seed, Certified Seed and seed of a 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 paragraph 1 of Schedule 3.

When applications will be refused S

2.—(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) except in the case of seed of a Conservation Variety, 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 paragraph 8 of Schedule 4, except that, in so far as the official examination relates to the standards of percentage of germination specified in Part II of Schedule 4, these standards 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 Certified Seed; or

(b) Pre-Basic Seed if the seed lot was certified at the time of the relevant application as either Basic Seed or Certified Seed,

unless the application is accompanied by the written consent of the breeder.

When applications may be refused S

3.  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 17(1);

(b) an official examination of a control plot or 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 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.

Applications for seed harvested in an EEA state or third country S

4.  Notwithstanding paragraphs 2 and 3, on receipt of an application made in accordance with regulation 15(1) and in pursuance of Article 22 of the Beet Seed Directive for the issue of an official certificate in respect of a seed lot as Pre-Basic Seed, Basic Seed or Certified 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 or seed certified in a third country which is permitted to be sold as Basic Seed or Certified Seed by virtue of a general licence granted by the Scottish Ministers under regulation 7 or the implementation of the Equivalence Decision; and

(ii) harvested in either an EEA state other than the United Kingdom or in a third country;

(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 7 or the implementation of the Equivalence Decision; and

(ii) harvested in either 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 7 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(A) (crop conditions) of the Beet 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 11 (sealing of packages) of the Beet Seed Directive and has been labelled in accordance with the requirements of Article 12 (labelling of packages) of the Beet 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 a document of the type specified in Article 22(2) (packing and labelling requirements for seed harvested in the European Union and intended for certification) of the Beet Seed Directive containing the particulars specified in Part C (information required for the document provided for seed not finally certified, harvested in another member state) of Annex IV of the Beet Seed Directive 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.

PART II S BREEDER'S CONFIRMATIONS

Applications S

5.  On receipt of an application made in accordance with regulation 16 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.

When applications will be refused S

6.  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 Part II of Schedule 4.

When applications may be refused S

7.  The Scottish Ministers may refuse to issue a breeder's confirmation in respect of a seed lot if—

(a) it appears to them that 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 17(1);

(b) it appears to them that an official examination of a control plot sown with a sample of the seed lot shows that the crop does not meet the appropriate standards specified in Part I of Schedule 4;

(c) it appears to them that there has been a breach of seeds regulations in relation to the seed lot in respect of which an 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 accepted on to a UK National List (or to an equivalent list in an EEA state) has been withdrawn or refused.

Regulation 2(1)

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

Particulars to be specified in an official certificate S

1.  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;

(g) if the seed is Pre-Basic Seed or Basic Seed and the seed attains a lower percentage of germination than that specified in Part II of Schedule 4, a statement to that effect; and

(h) if the seed is of a Conservation Variety, the region of origin of seed production of the Conservation Variety.

Particulars to be specified in a breeder's confirmation S

2.  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 the official application for protection number issued by the Plant Variety Rights Office and the breeder's designation if appropriate, category / level, as appropriate;

(e) net weight of seed lot and number of containers;

(f) seed treatment, if any;

(g) a 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 Part II of Schedule 4, a statement to that effect.

Regulations 2(1), 6(2)(c),9(4)(d) and (e), 10(3)(b), (4)and (5), 11(1), 12(1), (2) and (3),15(4), 16(3) and 19(14)

SCHEDULE 4 S REQUIREMENTS FOR PRE-BASIC SEED, BASIC SEED, CERTIFIED SEED AND SEED OF A CONSERVATION VARIETY

PART I S CONDITIONS RELATING TO CROPS FROM WHICH SEED IS OBTAINED

Methods of ascertaining whether crop requirements are met S

1.  The Scottish Ministers may ascertain, so far as practicable, whether the requirements for the crop set out in this Part of the 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 and the consideration of any other relevant information.

Varietal identity and varietal purity S

2.—(1) 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.

(2) The crop shall possess sufficient varietal identity and varietal purity.

Crop inspection S

3.—(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 health, of the crop—

(a) are such as to permit suitable checks of varietal identity, varietal purity and species purity; and

(b) meets the requirements of the Scottish Ministers.

(3) In the case of certified seed there shall be at least one official field inspection and in the case of Pre-Basic Seed and Basic Seed at least two official field inspections, one of stecklings and one of the seed-producing plants.

Previous cropping S

4.—(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 (plants of a species and variety that have grown from seed that was not deliberately sown as part of the crop) from previous cropping.

(2) The crop may be grown only on land which complies with the Scottish Ministers' requirements in respect of previous cropping.

Isolation distances – minimum distances S

5.—(1) There shall be a physical barrier or at least two metres of fallow between the seed crop and any crop likely to cause contamination in the seed.

(2) The minimum distances from neighbouring pollen sources shall be:

Crop				Minimum distance
1.	For the production of Pre-Basic and Basic Seed: from any pollen sources of the genus Beta			1,000 m
2.	For the production of Certified Seed:
	(a)	of sugar beet:
		–	from any pollen sources of the genus Beta not included below	1,000 m
		–	the intended pollinator or one of the intended pollinators being diploid, from tetraploid sugar beet pollen sources	600 m
		–	the intended pollinator being exclusively tetraploid, from diploid sugar beet pollen sources	600 m
		–	from sugar beet pollen sources, the ploidy of which is unknown	600 m
		–	the intended pollinator or one of the intended pollinators being diploid, from diploid sugar beet pollen sources	300 m
		–	the intended pollinator being exclusively tetraploid, from tetraploid sugar beet pollen sources	300 m
		–	between two sugar beet seed production fields in which male sterility is not used	300 m
	(b)	of fodder beet:
		–	from any pollen sources of the genus Beta not included below	1,000 m
		–	the intended pollinator or one of the pollinators being diploid, from tetraploid fodder beet pollen sources	600 m
		–	the intended pollinator being exclusively tetraploid, from diploid fodder beet pollen sources	600 m
		–	from fodder beet pollen sources, the ploidy of which is unknown	600 m
		–	the intended pollinator or one of the pollinators being diploid, from diploid fodder beet pollen sources	300 m
		–	the intended pollinator being exclusively tetraploid, from tetraploid fodder beet pollen sources	300 m
		–	between two fodder beet seed production fields in which male sterility is not used	300 m

The above distances can be disregarded if there is sufficient protection from any undesirable foreign pollinator. No isolation is necessary between seed crops using the same pollinator.

The ploidy of both seed-bearing and pollen-shedding components of seed-producing crops is to be established by reference to the Common Catalogue or UK National List.

If this information is not included for any variety, the ploidy is to be regarded as unknown, and a minimum isolation distance of 600 metres is required.

(3) With approval of the Scottish Ministers these distances may be modified if there is adequate protection against undesirable pollen.

PART II S CONDITIONS RELATING TO BASIC SEED, CERTIFIED SEED AND SEED OF A CONSERVATION VARIETY

Varietal identity and varietal purity S

6.  The seed shall have sufficient varietal identity and varietal purity.

State of health of seed S

7.  The seed must be of a satisfactory state of health insofar as seed-borne diseases and organisms affecting the seed are concerned.

Standard of germination, analytical purity and content of seed of other plant species S

8.   

(a) The seed shall conform to the standards or other conditions as regards germination, analytical purity and the content of seeds of other plant species as specified in the following table.

1 Excluding where appropriate, granulated pesticides, pelleting substances or other solid additives. The minimum weight of the sample to be submitted for moisture content testing shall be the minimum weight of a sample specified in paragraph 2(2) of Schedule 5 and this sample shall be submitted for testing in addition to the submitted sample and in an airtight moisture proof container.
			Minimum analytical purity 1 (% by weight)	Maximum weight of seed of other plant species (% by weight)	Minimum germination (% by number of clusters or pellets)	Maximum moisture content 1 (% by weight)
(i)	Sugar beet:
	–	monogerm seed	97	0.3	80	15
	–	precision seed	97	0.3	75	15
	–	natural seed of varieties with more than 85% diploids	97	0.3	73	15
	–	natural seed of varieties with 15% or more triploids and/or tetraploids	97	0.3	68	15
(ii)	Fodder beet:
	–	monogerm seed, precision seed and natural seed of varieties with more than 85% diploids	97	0.3	73	15
	–	natural seed of varieties with 15% or more triploids and/or tetraploids	97	0.3	68	15

(b) The special conditions for monogerm seed and for precision seed are—

(i) additional germination requirements

				Minimum percentage of germinated clusters with a single seedling	Maximum percentage of germinated clusters with 3 or more seedlings
(aa)	monogerm seed			90	5
(bb)	precision seeds of—
		Sugar beet		70	5
		Fodder beet
		–	with more than 85% diploids	58	5
		–	with 15% or more triploids and/or tetraploids	63	5

(ii) inert matter

		Maximum percentage by weight of inert matter
(aa)	Pre-Basic Seed and Basic Seed	1.0
(bb)	Certified Seed	0.5
In the case of pelleted seed the sample shall be drawn from processed seed which has undergone partial decortication (rubbing or grinding) but has not yet been pelleted.

9.  Beet seed may not be introduced into areas recognised as ‘rhizomania free zones’ unless the percentage by weight of inert matter does not exceed 0.5. S

PART III S OFFICIAL EXAMINATIONS USED TO ASCERTAIN WHETHER A CROP OR SEED LOT MEETS THE CONDITIONS RELATING TO BASIC SEED, CERTIFIED SEED AND SEED OF A CONSERVATION VARIETY

Methods for official examinations S

10.  All official 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.

Regulations 2(1), 17(2)and (3) and 21(6)

SCHEDULE 5 S MAXIMUM WEIGHT OF A SEED LOT AND MINIMUM WEIGHT OF A SUBMITTED SAMPLE

Maximum weight of a seed lot S

1.  The maximum weight of a seed lot shall be 20 metric tonnes and shall not be exceeded by more than 5%.

Minimum weight of a submitted sample of seed S

2.—(1) The minimum weight of a sample submitted for official examination shall be 500g or 7,500 pelleted seeds.

(2) The minimum weight of a sample for moisture testing shall be 50g.

Regulations 2(3) and (4), 6(5), 14,19(2), (3), (6), (7), (8), (9), (10),(13), (14) and (16)

SCHEDULE 6 S LABELLING

PART I S GENERAL

Method of referring to species of seed S

1.  Where the species of seed is one of the particulars to be indicated on a label, in accordance with any of the provisions of this Schedule, 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 and an indication requires to be given of whether sugar beet or fodder beet.

Method of referring to varieties of seed S

2.  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.

PART II S LABELS

Label for a package of Breeder's Seed S

3.  The label for a package of Breeder's Seed shall—

(a) be affixed on the outside and have not previously been used and shall 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;

(iv) variety;

(v) the words “Breeder's Seed” ;

(vi) declared net or gross weight; and

(vii) the words “NOT CERTIFIED” ;

(b) be coloured buff; and

(c) be either an adhesive label or tear proof label and shall be affixed, in either case, not later than at the time of sealing.

Official label for a package of Pre-Basic Seed S

4.  The official label for a package of Pre-Basic Seed shall—

(a) be affixed on the outside of the package and have not previously been used and shall 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;

(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 category Certified Seed;

(b) be a minimum size of 110 millimetres by 67 millimetres;

(c) be coloured white with a diagonal violet line;

(d) be either an adhesive label or a label secured to the package by a sealing system approved by the Scottish Ministers and shall be affixed, in either case, by the Scottish Ministers or by a licensed seed sampler; and

(e) where a breeder's confirmation has been applied for, be—

(i) either an adhesive label or a label secured to the package by a sealing system approved by the Scottish Ministers;

(ii) affixed, in either case, by the Scottish Ministers or by a licensed seed sampler; and

(iii) overstamped “NOT CERTIFIED”.

Official label for a package of Basic Seed or Certified Seed S

5.  The official label for a package of Basic Seed or Certified Seed shall—

(a) be affixed on the outside of the package and have not previously been used and shall 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;

(vi) variety;

(vii) category;

(viii) country of production;

(ix) declared net or gross weight or declared number of clusters or pure seeds;

(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 monogerm seed, the word “monogerm”;

(xii) for precision seed, the word “precision”; 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;

(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;

(e) be either an adhesive label or a label secured to the package by a sealing system approved by the Scottish Ministers and shall be affixed, in either case, by the Scottish Ministers or by a licensed seed sampler; and

(f) where a breeder's confirmation has been applied for, be—

(i) either an adhesive label or a label secured to the package by a sealing system approved by the Scottish Ministers;

(ii) affixed, in either case, by the Scottish Ministers or by a licensed seed sampler; and

(iii) overstamped “NOT CERTIFIED”.

Official label for a package of test and trial seed S

6.  The official label for a package of test and trial seed shall—

(a) be affixed on the outside of the package and have not previously been used and shall subject to sub-paragraph (b), contain the following information:—

(i) the words “for tests and trials only”;

(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 the UK National List;

(viii) the words “variety not yet officially listed” ;

(ix) the words “genetically modified variety”, where applicable;

(x) declared net or gross weight or declared number of clusters or pure seeds; and

(xi) 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)(i) 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;

(d) be coloured orange; and

(e) be either an adhesive label or a label secured to the package by a sealing system approved by the Scottish Ministers and shall be affixed, in either case, by the Scottish Ministers or by a licensed seed sampler.

Official label for a package of seed of a Conservation Variety S

7.—(1) The official label for a package of seed of a Conservation Variety shall—

(a) be affixed on the outside of the package and have not previously been used and shall 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 the lot given by the person responsible for affixing the labels;

(x) the declared net or gross weight or declared number of clusters or pure seeds;

(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;

(xii) for monogerm seed, the word “monogerm”; and

(xiii) for precision seed, the word “precision”;

(b) be a minimum size of 110 millimetres by 67 millimetres;

(c) be coloured brown; and

(d) be either an adhesive label or tear proof label and shall be affixed, in either case, not later than at the time of sealing.

(2) Where a package of seed of a Conservation Variety is sealed in—

(a) the United Kingdom but not in Scotland; or

(b) an EEA state other than the United Kingdom,

it shall be labelled in accordance with the provisions of Article 18 (labelling) of Commission Directive 2008/62.

Labels for packages of lower germination seed S

8.—(1) The official label for a package of lower germination seed shall—

(a) be affixed on the outside of the package and have not previously been used and shall contain, as appropriate to the category of seed and the seed itself, particulars of the matters specified in this Schedule; and

(b) be either an adhesive label or a label secured to the package by a sealing system approved by the Scottish Ministers and shall be affixed, in either case, by the Scottish Ministers or by a licensed seed sampler.

(2) The supplier's label for packages of lower germination seed shall—

(a) be affixed to the outside of the package and contain a statement that the minimum percentage of germination of the seed is less than the minimum percentage of germination for Basic Seed; and

(b) contain a statement of the specific minimum percentage of germination of the seed guaranteed by the person marketing the seed in accordance with regulation 11(2) together with the name and address of the seller and the reference number of the seed lot.

(3) Where a breeder's confirmation has been issued in respect of seed of a lower percentage of germination—

(a) the official label or stamp shall be affixed to the outside of the package and contain a statement that the minimum percentage of germination of the seed is less than the minimum percentage of germination for Basic Seed; and

(b) where possession of the package is transferred to another person, the transferor shall—

(i) guarantee a specific minimum percentage of germination of the seed; and

(ii) affix a label to the outside of the package containing a statement of the specific minimum percentage of germination of the seed guaranteed by the person transferring possession of the seed together with the name and address of the transferor and the reference number of the seed lot.

Labels for packages of early movement seed S

9.—(1) The official label for a package of early movement seed shall—

(a) be affixed on the outside of the package and have not previously been used and shall contain, as appropriate to the category of seed and the seed itself, particulars of the matters specified in this Schedule; and

(b) be either an adhesive label or a label secured to the package by a sealing system approved by the Scottish Ministers and shall be affixed, in either case, by the Scottish Ministers or by a licensed seed sampler.

(2) The supplier's label for a package of early movement see shall—

(a) be affixed to the outside of the package and contain a statement that the seed is being sold before the official examination of the germination of that seed lot has been concluded; and

(b) contain a statement of the specific minimum percentage of germination guaranteed by the person marketing the seed in accordance with regulation 12(2)(c), together with the name and address of the seller and the reference number of the seed lot.

(3) Where a breeder's confirmation has been issued in respect of seed of a lower percentage of germination—

(a) the official label or stamp shall be affixed to the outside of the package and contain a statement that the minimum percentage of germination of the seed is less than the minimum percentage of germination for Basic Seed; and

(b) where possession of the package is transferred to another person, the transferor shall—

(i) guarantee a specific minimum percentage of germination of the seed; and

(ii) affix a label to the outside of the package containing a statement of the specific minimum percentage of germination of the seed guaranteed by the person transferring possession of the seed together with the name and address of the transferor and the reference number of the seed lot.

Inner labels for packages of Pre-Basic Seed, Basic Seed, Certified Seed, lower germination seed, early movement seed and seed in respect of which a breeder's confirmation has been issued S

10.  The inner label for a package of Pre-Basic Seed, Basic Seed, Certified Seed, lower germination seed, early movement seed and seed in respect of which a breeder's confirmation has been issued shall be of the same colour as the official label affixed to the outside of the package in accordance with this Schedule and shall contain particulars of the following matters—

(a) in the case of Pre-Basic Seed and lower germination seed to which paragraph 4 of this Schedule is relevant, paragraphs (iii) to (v) of paragraph 4(a) of this Schedule; and

(b) in the case of Basic Seed, Certified Seed, or lower germination seed to which paragraph 5 of this Schedule is relevant, paragraphs (iv) to (vi), (xi) and (xii) of paragraph 5(a) of this Schedule.

PART III S SMALL EC PACKAGES

Label for a small EC package of Pre-Basic Seed, Basic Seed or Certified Seed S

11.  The label for a small EC package of Pre-Basic Seed, Basic Seed or Certified Seed shall—

(a) be affixed on the outside of the package and contain the following information:—

(i) the words “Small EC Package”;

(ii) name and address of the person responsible for fixing the label or his identification mark;

(iii) officially assigned serial number;

(iv) service which assigned the serial number and the name of the EEA state or their initials;

(v) reference number of the seed lot if the official serial number does not enable the lot to be identified;

(vi) species;

(vii) variety;

(viii) category;

(ix) declared net weight, or number of clusters or pure seeds;

(x) where the 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 the clusters or pure seeds and the total weight;

(xi) for monogerm seed: the word “monogerm”; and

(xii) for precision seed: the word “precision”;

(b) be coloured—

(i) white with a diagonal violet line for Pre-Basic Seed;

(ii) white for Basic Seed;

(iii) blue for Certified Seed.

PART IV S PARTICULARS TO BE MARKED OR DISPLAYED ON THE SALE OF UNPACKETED SEED

Particulars to be marked or displayed on the sale of unpacketed seed S

12.  The following particulars shall be marked on, or displayed near, the container referred to in regulation 14:—

(a) the words “ complies with legal standards”;

(b) species;

(c) variety; and

(d) for hybrid varieties, the word “ hybrid”.

PART V S INFORMATION 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 weight S

13.  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.

PART VI S PRINTING OF SPECIFIED MATTERS ON PACKAGES (WHOLE BAG LABELLING)

Packages sealed in Scotland — individual serial numbers S

14.  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.

Packages sealed in Scotland — printing or stamping S

15.  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.

Packages sealed in Scotland — particulars to be included in the printing or stamp S

16.  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.

Seed packages sealed in the United Kingdom but not in Scotland, or in an EEA state other than the United Kingdom S

17.  Such requirements of the EEA state other than the United Kingdom (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 Welsh Ministers (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 14 to 17 of this Schedule for seed which has been sealed in Scotland shall be satisfied.

Regulation 21(2)

SCHEDULE 7 S LIMITS OF VARIATION

FOR GERMINATION OR FOR CLUSTERS WITH A SINGLE SEEDLING S

Minimum percentage of germination or clusters with a single seedling	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
60-68	10
50-59	11

ANALYTICAL PURITY S

Minimum percentage of analytical purity	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

CONTENTS OF SEEDS OF OTHER SPECIES S

Maximum seeds (per cent)	Limit of variation (per cent)
0.0	0.1
0.1-0.2	0.3
0.3-0.4	0.4
0.5	0.5

CLUSTERS WITH THREE OR MORE SEEDLINGS S

Maximum clusters with three or more seedlings (per cent)	Limit of variation (per cent)
0-2	2
3-4	3
5-6	4
7-9	5
10	6

Regulation 25(2)

SCHEDULE 8 S REVOCATIONS

Regulations revoked	References	Extent
The Beet Seeds Regulations 1993	S.I. 1993/2006	The whole Regulations insofar as they apply to Scotland
The Beet Seeds (Amendment) Regulations 1999	S.I. 1999/1861	The whole Regulations insofar as they apply to Scotland
The Beet Seeds (Amendment) (Scotland) Regulations 2000	S.S.I. 2000/246	The whole Regulations