The Vegetable Seeds Amendment (Scotland) Regulations 2010

Amendment to regulation 3

3.—(1) In regulation 3(1) (interpretation)—

(a) after the definition of “the Act” insert—

““additional region” means the region for seed production approved by the Ministers for the purposes of the second paragraph of Article 13.1 (additional regions) of Commission Directive 2009/145;

“Amateur Variety” means a variety of vegetable species with no intrinsic value for commercial crop production which is developed for growing under particular conditions and is contained within the National List;”;

(b) after the definition of “breeder’s confirmation” insert—

““Commission Directive 2009/145” means Commission Directive 2009/145/EC providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties(1);”;

(c) after the definition of “Common Catalogue” insert—

““Conservation Variety” means a landrace or variety of vegetable species which is naturally adapted to local and regional conditions and threatened by genetic erosion and is contained within the National List and for these purposes—

(a)

“landrace” means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their region; and

(b)

“genetic erosion” means loss of genetic diversity between and within populations of varieties of the same species over time or reduction of the genetic basis of a species due to human intervention or environmental change;”; and

(d) after the definition of “official label” insert—

““official post control” means a control plot has been sown with seed from the relevant seed lot and has produced plants which have been examined by or on behalf of the relevant European Authority and for these purposes—

(a)

“control plot” means a plot sown by or on behalf of a European Authority with seed from a sample which is of at least the minimum weight specified in column 3 of the table in Part II of Schedule 5 taken by or on behalf of a European Authority or the person marketing the seed; and

(b)

“European Authority” means—

(i)

the Department of Agriculture and Rural Development in Northern Ireland;

(ii)

the Welsh Ministers;

(iii)

the Ministers;

(iv)

the Secretary of State; or

(v)

a competent seed certification authority of an EEA state other than the United Kingdom;

“region of origin” means the region forming a part or the whole of the United Kingdom identified by the Ministers for the purposes of Article 8.1 (region of origin) of Commission Directive 2009/145;”.

(2) In regulation 3(3)—

(a) after the definition of “Certified Seed” insert—

““Certified Seed of a Conservation Variety” means seed of a Conservation Variety which—

(a)

is produced in the region of origin or an additional region;

(b)

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

(c)

satisfies the requirements of paragraphs 2, 4, 5, 6 and 7 of Part I of Schedule 4, paragraphs 2 and 3 of Part II of Schedule 4 and Part III of Schedule 4; and

(d)

has sufficient varietal purity;”;

(b) for the definition of “Standard Seed” substitute—

““Standard Seed” means seed, other than Standard Seed of a Conservation Variety and Standard Seed of an Amateur Variety, which is intended to be used mainly for the production of plants or parts of plants for human or animal consumption and which satisfies the requirements for Standard Seed set out in Part II of Schedule 4;”; and

(c) after the definition of “Standard Seed” insert—

““Standard Seed of a Conservation Variety” means seed of a Conservation Variety which—

(a)

is produced in the region of origin or additional region;

(b)

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

(c)

satisfies the requirements in paragraphs 2 and 3 of Part II of Schedule 4 and Part III of Schedule 4; and

(d)

has sufficient varietal purity;

“Standard Seed of an Amateur Variety” means seed of an Amateur Variety which—

(a)

satisfies the requirements in paragraphs 2 and 3 of Part II of Schedule 4 and Part III of Schedule 4; and

(b)

has sufficient varietal purity.”.

(1)

O.J. L 312, 27.11.2009, p.44.