The Vegetable Seeds Amendment (Scotland) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Vegetable Seeds Regulations 1993 (“the principal Regulations”) in order to permit the marketing of Conservation and Amateur Varieties in implementation of Commission Directive 2009/145 (O.J. L 312, 27.11.2009, p.44) (“the Directive”).

Regulation 3 amends regulation 3 of the principal Regulations to introduce definitions of Certified Seed of a Conservation Variety and Standard Seed of a Conservation Variety. These are defined as types of seed where—

(a) the seed has been harvested from a crop that has been produced in the region of origin or an additional region (should such a region be approved by the Scottish Ministers);

(b) the seed descends from seed produced according to well defined practices for the maintenance of the variety;

(c) the seed has sufficient varietal purity;

(d) certain requirements as to the crop and the seed specified in Schedule 4 to the principal Regulations as amended by these Regulations are met. The requirements in Schedule 4 which must be satisfied are different for Certified Seed of a Conservation Variety and Standard Seed of a Conservation Variety.

Regulation 4 amends regulation 5(1) of the principal Regulations to provide that Certified Seed of a Conservation Variety and Standard Seed of a Conservation Variety must be on the National List and marketed in seed lots or parts of seed lots.

The new regulation 5A of the principal Regulations, inserted by regulation 5 of these Regulations, provides that seed of a Conservation Variety shall only be marketed in its region of origin, or an additional region, and is subject to quantitative restrictions. No official examination is required although seed of a Conservation Variety is subject to official post control.

The Regulations also provide for the marketing of Amateur Varieties. Regulation 3 amends regulation 3 of the principal Regulations to introduce a definition of Standard Seed of an Amateur Variety. Standard Seed of an Amateur Variety must meet certain requirements as to the seed specified in Schedule 4 of the principal Regulations and have sufficient varietal purity.

Regulation 4 amends regulation 5(1) of the principal Regulations to provide that Standard Seed of an Amateur Variety must be on the National List and marketed in seed lots or parts of seed lots.

The new regulation 5B of the principal Regulations, inserted by regulation 5 of these Regulations, provides that Standard Seed of an Amateur Variety is subject to the quantitative restrictions in Article 28 and Annex II of the Directive. No official examination is required although Standard Seed of an Amateur Variety is subject to official post control.

These Regulations also make consequential amendments to the principal Regulations including—

(a) the insertion of other new definitions in the principal Regulations (regulation 3);

(b) various amendments to the application of the provisions on official certificates, sampling, sealing, and labelling (regulations 6, 7, 8, 9, 10, 11, 12 and 13).

No Business Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.