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The Plant Breeders' Rights (Amendment) Regulations 1993

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Regulation 3

SCHEDULE

Regulation 12

SCHEDULE 3REPRODUCTIVE AND OTHER PLANT MATERIAL TO BE DELIVERED TO THE CONTROLLER

PART ICEREALS

Quantity

1.(1) During the year beginning with the making of the application the following amounts of ears of seed shall be delivered:—

For a wheat, barley or oat variety275 ears and 6 kilograms of seed
For a rye variety5 kilograms of seed
For a maize variety500 grams of seed of the commercial hybrid and 200 grams of seed of each of the parents and parental lines of the commercial hybrid
For a triticale variety4 kilograms of seed
For an F1 hybrid variety of wheat275 ears from the final cross, 8.5 kilograms of seed from the final cross and 100 ears of each parent

(2) Attached to each ear there shall be a minimum of 25 centimetres of straw.

(3) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered such reproductive and other plant material in such quantity and of such description and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.

Packing

2.  The ears shall be packed in bundles of not more than 100, lightly wrapped, in a stiff-sided container.The seeds shall be packed in a suitable container of sufficient strength to withstand mechanical damage during transit due to handling.

Quality

3.(1) The seed shall comply with the following standards:—

(a)Wheat, Barley, Oats and Rye

Max no. of other seeds or structures in a sample of 500g
KindMin germination (% by number of pure seeds)Min analytical purity (% by weight)Max moisture content (% by weight)Max loose smut infection (% by number)All other speciesOther cultivated cereal speciesAll species other than cultivated cerealsWild oats(Avena fatua, Avena sterillis or Avena ludoviciana) and darnel (Lolium temulentum)Wild radish(Raphanus raphanistrum) and Corn Cockle (Agrostemma githago)Ergot (pieces)
Wheat, Barley and Oats8598160.51077033
Rye8598161077033

(b)Maize

Min germination (% by number of pure seeds)Min analytical purity (% by weight)Max no. of seeds of other plant species in a sample of 250g
90980

(c)Triticale

The minimum germination by number of pure seeds shall be 85%. The seed shall not be affected by harmful organisms and must originate from the growing period immediately preceding the tests.

(2) The seed shall be free from insects.

Dressings and Treatments

4.  The seed shall not have been subjected to any fungicidal or insecticidal treatment.

PART IIPOTATOES

Quantity

1.(1) During the year beginning with the making of the application 200 seed tubers shall be delivered; these seed tubers shall be from stocks grown in Scotland or Northern Ireland or the English counties of Northumberland (excluding the districts of Blyth Valley and Wansbeck) and Cumbria (excluding the districts of Barrow-in-Furness and South Lakeland).

(2) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered seed tubers taken from stocks grown in any of the places specified in sub-paragraph 1 (1) above in such quantity and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.

(3) The applicant shall arrange for the growing in the United Kingdom of a plot of at least 2,000 plants of the potato variety to be observed under normal conditions during each of the seasons following the delivery of the seed tubers.

Packing

2.  The seed tubers shall be securely packed in new sacks or other new containers which are capable of withstanding the hazards that may be encountered by perishable produce during transit.The packing material shall be adequate in quantity and quality to protect the tubers from low temperature which may cause chilling or frosting and from damage due to handling.

Grading and Condition

3.  The seed tubers shall be graded so as to be capable of being retained by meshes of a riddle each measuring 35mm square and passed by meshes of a riddle each measuring 50mm square.The seed tubers shall be in sound condition and not be visibly unfit for planting through damage due to handling or attack by any insect, pest or disease or any other condition which would impair their subsequent growth.The seed tubers shall be reasonably free from soil.

Dressings and Treatments

4.  The seed tubers shall not have been treated with a fungicide, pesticide or sprout inhibitor.

Health

5.(1) The land on which the seed tubers have been produced shall be land which:—

(a)is not deemed for the purpose of the Plant Health (Great Britain) Order 1993(1) or the Plant Health (Northern Ireland) Order 1993(2) to be land on which wart disease of potatoes (Synchytrium endobioticum (Schilb.) (Perc.)) is present;

(b)is not declared for the purposes of the Plant Health (Great Britain) Order 1993(1) to be land on which potato cyst eelworm (Globodera rostochiensis (Woll) Mulvey and Stone and Globodera pallida (Stone) Mulvey and Stone) is present;

(c)is not land on which the occupier has been served with a notice under the Plant Health Order (Northern Ireland) 1993(2) requiring him to adopt measures for the prevention of the spread of potato cyst eelworm as specified by the notice; and

(d)is land which has not at any time been used for growing potatoes during the period of five years immediately preceding the planting of the crop from which the seed tubers are produced.

(2) The seed tubers shall be accompanied by a certificate issued by as the case may be the Ministry of Agriculture, Fisheries and Food, The Scottish Office Agriculture and Fisheries Department or the Department of Agriculture for Northern Ireland stating:—

(a)the seed tubers are the produce of a crop grown on land not known to be infected by wart disease of potatoes or infested by potato cyst eelworm;

(b)the seed tubers are the produce of a crop which was inspected during the growing season and deemed on visual examination to be free from infection with tobacco veinal necrosis virus and to contain not more than the following tolerances for other diseases and impurities—

(i)0.05% of rogues, undesirable variations, wildings and bolters;

(ii)0.02% with leaf roll or severe mosaic;

(iii)0.20% of plants with mild mosaic;

(iv)1% of plants with blackleg.

(c)the seed tubers were found on visual examination to be free from signs of wart disease of potatoes; and

(d)the seed crop from which the tubers were produced was not so affected by any other disease or pest as to render it unsuitable for seed purposes.

PART IIIFODDER PLANTS

Quantity

1.(1) During the year beginning with the making of the application the following amounts of seed shall be delivered:—

For a ryegrass variety1 kilogram
For a timothy variety500 grams
For a cocksfoot variety1 kilogram
For a tall fescue variety1 kilogram
For a meadow fescue variety1 kilogram
For a red fescue variety500 grams
For a velvet bent variety1 kilogram
For a red top variety1 kilogram
For a creeping bent variety1 kilogram
For a brown top variety1 kilogram
For a wood meadowgrass variety1 kilogram
For a swamp meadowgrass variety1 kilogram
For a smooth-stalked meadowgrass variety1 kilogram
For a rough-stalked meadowgrass variety1 kilogram
For a lucerne variety1 kilogram
For a red clover variety1 kilogram
For a white clover variety500 grams
For a lupin variety4 kilograms
For a fenugreek variety45 grams
For a fodder kale variety1 kilogram
For a swede variety100 grams
For a festulolium variety2 kilograms
For a sainfoin variety3 kilograms
For a birdsfoot trefoil variety750 grams

(2) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered such reproductive and other plant material in such quantity and of such description and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.

Packing

2.  The seed shall be packed in a suitable container of sufficient strength to withstand damage during transit due to handling.

Quality

3.  The seed shall comply with the following standards:—

KindMin germination (% by number of pure seeds or pure pellets) (a)(b)Maximum hard seed content (% by number of pure seeds or pure pellets) (a)Minimum analytical purity (% by weight)Maximum content of seeds of other plant species (% by weight)
(a)

Up to the maximum content indicated, hard seeds present shall be considered as seeds capable of germination.

(b)

All fresh and healthy seeds which do not germinate after pre-treatment shall be considered as seeds which have germinated.

Perennial ryegrass86961.5
Other ryegrasses82961.5
Timothy86961.5
Cocksfoot86901.5
Tall fescue86951.5
Meadow fescue86951.5
Red fescue (including chewings fescue82901.5
Red top8090 2.0
Velvet bent, creeping bent and brown top7590 2.0
Meadow grasses7585 2.0
Red clover8020971.5
White clover8040971.5
Lucerne8040971.5
Blue lupin752098 0.5
Other lupins802098 0.5
Fenugreek80951.0
Fodder kale86981.0
Swede86981.0
Festulolium82961.5
Sainfoin7520951.5
Birdsfoot trefoil7540951.5

4.  The seeds shall also comply with the following standards where appropriate:

Maximum permitted content of seed impurities (by number or as a percentage by weight)
KindWeight of sample for determination of foreign seeds by number (gms)Wild oat or dodder No.Rumex spp. (docks and sorrels) excluding R. acetosella (sheep’s sorrel) andR. martimus (golden dock) No.Blackgrass %Couchgrass %Melilotus spp. %Max. content of any one other plant species %
(a)

In perennial ryegrass awned ryegrass seeds shall not exceed 1% by weight in seeds of a variety known not to produce seeds with awns.

(b)

I seed of dodder in a sample of the size specified in column 2 shall not be regarded as an impurity if a second sample of the same weight is free from dodder.

(c)

In meadow fescue there shall be no more than a total of 20 seeds of rye grass in a sample of the size specified in column 2.

(d)

In meadowgrasses a maximum of 0.8% by weight of seeds of other meadowgrasses shall not be regarded as an impurity.

(e)

In lupins the percentage by number of bitter lupin seeds in sweet varieties shall not exceed 3.0 and the percentage by number of seeds of another colour shall not exceed 2.0 in bitter lupins and 1.0 in other lupins.

(f)

In lupins the presence of a maximum of 0.5% by weight in total of seeds of other lupins, Hungarian, common or hairy vetch, field pea and field bean shall not be regarded as an impurity.

Ryegrasses(a)600(b)200.30.51.0
Timothy100(b)50.30.31.0
Cocksfoot300(b)100.30.31.0
Tall fescue500(b)200.30.51.0
Meadow fescue(c)500(b)200.30.51.0
Red fescue (including300(b)100.30.51.0
chewings fescue)
Red top50(b)20.30.31.0
Velvet bent, creeping bent and brown top50(b)20.30.31.0
Meadowgrasses50(b)20.30.31.0(d)
Red clover500200.31.0
White clover200100.31.0
Lucerne500200.31.0
Blue Lupin(e)10000200.30.3(f)
Other lupins(e)10000200.30.3(f)
Fodder kale1000(b)200.5
Swede1000(b)200.5
Festulolium600(b)200.30.51.0
Sainfoin600020.31.0
Birdsfoot trefoil50020.31.0
Dressings and Treatments

4.  The seed shall not have been subjected to any fungicidal or insecticidal treatment.

PART IVOIL AND FIBRE PLANTS

Quantity

1.(1) During the year beginning with the making of the application the following amounts of seed shall be delivered:—

For a flax or linseed variety1.5 kilograms
For an oenothera variety6 grams
For a swede rape including oilseed rape variety1 kilogram
For a white mustard variety1 kilogram
For a brown or black mustard variety1 kilogram
For a coriander variety500 grams
For a borage variety20 grams
For a sunflower variety1 kilogram and 5,000 seeds of each parental line and each restorer line
For a turnip rape variety1 kilogram
Packing

2.  The seed shall be packed in a suitable container of sufficient strength to withstand damage during transit due to handling.

Quality

3.(1) The seed shall comply with the following standards:—

Analytical Purity

Maximum content by number of seeds of other plant species in a sample of the following weight:

Swede rape including oilseed rape

— 100 grams

Flax and linseed

— 150 grams

White mustard

— 200 grams

Brown and black mustard

— 40 grams

Sunflower

— 1,000 grams

Turnip rape

— 70 grams

KindMinimun germination (% of pure seed)Minimum analytical purity (% by weight)Maximum content seed of other plant species (% by weight)Other plant speciesWild Oat (Avena fatua. A. ludoviciana, A. sterilis)Dodder (Cuscuta spp.)Wild Radish (Raphanus Raphanistrum)Rumex spp (docks and sorrels) excludingR. acetosella (sheeps sorrel) and R. maritimus (golden dock)Black grass (Alepecurus myosuroides)Lolium remotum
(a)

One seed of dodder in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of the same weight is free from any seeds of dodder.

Swede rape including Oilseed rape85980.300105
Turnip rape85980.300(a)105
Flax9299150042
Linseed8599150042
Oenothera85
White mustard85980.300(a)105
Brown and Black mustard85980.300105
Coriander80950
Borage7598
Sunflower8598500

(2) The seed shall be of a satisfactory state of health as far as seed-borne organisms and diseases affecting the seeds are concerned. In particular the seed shall not exceed the following standards:—

KindHarmful Organisms
Maximum percentage by number of seeds contaminated by harmful organisms (total per column)Sclerotinia sclerotiorum (maximum number of sclerotia or fragments of sclerotia in a sample of the weight specified in column 4 of Schedule 3)
Botrytis spp.Alternaria spp., Phoma exigua var. linicola Colletotrichum lini, Fusarium spp.
(a)

In flax the maximum percentage by number of seeds contaminated by Phoma exigua var.linicola shall not exceed 1%.

Swede rape and Turnip Rape including Oilseed Rape5
Flax & Linseed55(a)
White mustard5
Sunflower510
Dressings and Treatments

4.  The seed shall not have been subjected to any fungicidal or insecticidal treatment.

PART VVEGETABLES (including Field Beans and Field Peas)

Quantity

1.(1) During the year beginning with the making of the application the following amounts of seed shall be delivered:—

For a pea variety (including a field pea variety)3 kilograms
For a French bean variety4 kilograms
For a runner bean variety11 kilograms
For a broad bean variety23 kilograms
For a field bean variety11 kilograms
For a lettuce variety115 grams
For a celery or celeriac variety10 grams
For a marrow variety230 grams
For a Brussels sprout variety125 grams
For a cabbage variety125 grams
For a cauliflower variety125 grams
For a turnip variety150 grams
For a tomato variety11 grams
For a beetroot variety450 grams

(2) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered such reproductive and other plant material in such quantity and of such description and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.

Packing

2.  The seed shall be packed in a suitable container of sufficient strength to withstand damage during transit due to handling.

KindMinimum germination (% by number of pure seeds)Minimum analytical purity (% by weight)Max. content of seeds of other plant species (% by weight)
Peas (including field peas) 80980.1
French Beans75980.1
Runner Beans80980.1
Broad Beans80980.1
Field Beans85980.5
Lettuce75950.5
Celery and Celeriac70971.0
Marrows75980.1
Brussels Sprouts75971.0
Cabbages75971.0
Cauliflowers70971.0
Turnip80971.0
Tomatoes75970.5
Beetroot70970.5
Health

4.  The seeds shall be of a satisfactory state of health in so far as seed-borne diseases and organisms affecting the seeds are concerned.

Dressings and Treatments

5.  The seed shall not have been subjected to any fungicidal or insecticidal treatment and shall not be pelleted.

PART VITOP FRUIT AND ROOTSTOCKS

Quantity

1.(1) The following shall be delivered:

Apples

(2) Eight trees on M9 rootstocks, not less than two and not more than three years old.Alternatively budwood or graftwood sufficient to produce fifteen trees.

Pears

(3) Three trees on Quince A rootstock, double-worked where necessary.The trees shall be not less than two and not more than three years old. Alternatively, if the Controller shall so allow, scion or bud wood sufficient to produce four trees may be delivered instead of the three trees as mentioned above.

Plums and Damsons

(4) Three trees on St. Julien A rootstocks shall be delivered.The trees shall not be less than two and not more than three years old. Alternatively, if the Controller shall so allow, scion or bud wood sufficient to produce four trees may be delivered instead of the three trees as mentioned above.

Cherries

(5) Three trees on F12/1 or Colt rootstocks.The trees shall be not less than two and not more than three years old.

Apple rootstocks, Pear rootstocks, Plum and Damson rootstocks, Cherry rootstocks and Quince rootstocks.

(6) Twenty-five well-rooted rootstocks of not less than 7mm in diameter selected from the stool or layer bed.

Health
Complete trees and rootstocks

(a)2.(1) (a) The trees and rootstocks shall not show symptoms of any virus disease.

(b)The trees and rootstocks shall be healthy.They shall not be lacking in vigour, or affected by any pests or diseases.

Scion or bud wood or graftwood

(2) Scion or bud wood or graftwood shall be the produce either of a tree of the variety growing on its own roots or of a tree of the variety which satisfies the requirements set out in paragraph 2(1)(a) and (b) above.

PART VIISOFT FRUIT

Quantity

1.(1) The following shall be delivered:

Black Currants

(2) Twelve visually healthy two-year old bushes.

Gooseberries

(3) Five visually healthy two-year old bushes.

Raspberries

(4) Forty visually healthy canes.

Rubus (other than raspberries)

(5) Six visually healthy young plants

Strawberries

(6) Forty visually healthy plants.

Red Currants

(7) Four vigorous healthy plants with at least three strong shoots.The plants shall not be more than two years old.

PART VIIIRHUBARB

Quantity

1.  Four plants of the parent stock sufficient to provide 12 single bud roots.

Health

2.  The plant material shall be visibly healthy and shall not be lacking in vigour or affected by pests or diseases.

PART IXHOPS

Quantity

1.  Six one year bedded sets shall be delivered.

Health

2.(a) The sets shall not show symptoms of any virus disease.

(b)The sets shall be healthy.They shall not be lacking in vigour or affected by pests or diseases.

PART XCONIFERS AND TAXADS

Quantity

Four visually healthy vegetatively reproduced trees or shrubs typical of the variety, each at least two but not more than five years old, shall be delivered.

PART XITREES, SHRUBS AND WOODY CLIMBERS

Quantity

There shall be delivered, in the numbers indicated in respect of varieties of the genera or species specified below, visually healthy, vegetatively reproduced trees, shrubs, or woody climbers, as the case may be, typical of the variety and each at least two but not more than four years old.

Genera or speciesNumber of trees, shrubs or woody climbers to be delivered
Calluna Salisb.12
Daboecia D. Don12
Erica carnea L., Erica ciliarisa L., Erica cinerea L., Erica x darleyensis Bean, Erica mackaiana Bab., Erica mediterranea Hort., Erica x praegeri Ostenf., Erica tetralix L., Erica vagans L., Erica x watsonii Benth., Erica williamsii Druce12
Brachyglottis Forst. & Forst.5
Clianthus puniceus (G. Don) Sol. ex Lindl.5
Coprosma Forst5
Cordyline australis (Forst.) Endl. Cordyline banksii Hook., Cordyline indivisa (Forst.) Steud., Cordyline kaspar W.R.B. Oliv., Cordyline pumilio Hook. f.
Corokia A. Cunn.5
Corynocarpus laevigata J. R. Forst et G. Forst.5
Dodonaea viscosa (L.) Jacq.5
Griselinia littoralis Raoul. Griselinia lucida Forst. f.5
Hoheria A. Cunn.5
Leptospermum ericoides A. Rich. Leptospermum sinclairii Kirk5
Lophomyrtus Burret.5
Melicope simplex A. Cunn. Melicope ternata J.R. Forst. et G. Forst.5
Meryta sinclairii (Hook. f.) Seem.5
Metrosideros albiflora Soland. ex Gaertn. Metrosideros carminea Oliv., Metrosideros colensoi Hook. f., Metrosideros diffusa Forst. f., Metrosideros excelsus Sol. ex Gaertn., Metrosideros kermadecensis Oliv., Metrosideros parkinsonii Buch., Metrosideros perforata (Forst. & Forst. f), Metrosideros robustus A. Cunn., Metrosideros scandens (Forst. et Forst. f.) Druce., Metrosideros umbellatus Cav.5
Myrsine australis (A. Rich.) Allan Myrsine chathamica F. Muell., Myrsine coxii Cockayne, Myrsine divaricata A. Cunn., Myrsine kermadecensis Cheesem. Myrsine montana Hook f., Myrsine nummularia Hook. f., Myrsine oliveri Allan, Myrsine salicina Heward5
Parahebe W.R.B. Oliv.5
Pseudopanax chathamicus T. Kirk Pseudopanax crassifolius (Sol. ex. A. Cunn.), Pseudopanax discolor T. Kirk, Pseudopanax edgerleyi C. Koch., Pseudopanax ferox T. Kirk, Pseudopanax gilliesii T. Kirk, Pseudopanax lessonii (D.C.), Pseudopanax lineare (Hook. f.) K Koch.5
Weinmannia racemosa L. f. Weinmannia silvicola Sol. ex A. Cunn.5
Erica arborea L., Erica australis L., Erica lusitanica Rudolfi, Erica scoparia L., Erica terminalis Salisb., Erica x veitchii Bean4
Menziesia Sm.4
Andromeda L.3
Buxus L.3
Caryopteris Bunge3
Cassiope D. Don3
Ceratostigma Bunge excluding C. plumbaginoides Bunge3
x Gaulnettya W. J. Marchant3
Gaultheria Kalm ex L.3
Helianthemum Mill.3
Lavendula L.3
Pernettya Gaudich3
Ruta L.3
Salvia officinalis L.3
Sarcococca Lindl. excluding S. saligna Muell.3
Teucrium fruticans L.3
Vaccinium L. excluding V. corymbosum L.3
Vinca major L.3
Vinca minor L.3
All others not specified above2

PART XIIDECORATIVES

Quantity

1.(1) The following shall be delivered:

Carnations

(a)(2) (a) Border carnations and pinks

Ten visually healthy young plants, typical of the variety.

(b)Perpetual flowering carnations

Seventy-five unrooted, visually healthy cuttings, each furnished with at least four but notmore than five clearly visible internodes.

Perennial Chysanthemums

(a)(3) (a) Year round varieties

Fifty visually healthy cuttings of normal commercial standard.

(b)Other varieties

Twenty-five visually healthy cuttings of normal commercial standard.

Dahlias

(4) Four plants of each disbudded variety and seven plants of each dwarf bedding variety shall bedelivered.The plants shall be typical of the variety and young, visually healthy, green plants.

Perennial Delphiniums

(5) Six well-rooted cuttings, or fifteen young plants ex-microprop.

Freesias

(6) Twenty-five visually healthy corms of flowering size, typical of the variety.

Gladioli

(7) Twelve visually healthy corms of flowering size, typical of the variety, shall be delivered each year.

Narcissi

(8) Ten visually healthy single nosed bulbs, typical of the variety.

Rhododendrons

(a)(9) (a) Varieties to be flowered outdoors

Three plants each with at least three flower buds.

(b)Pot plant varieties

Thirty plants, twice pinched.

Roses

(10) In the case of a miniature variety six trees, in the case of a bush variety four trees, in the case of a shrub variety three trees and in the case of a climbing variety or ground cover variety two trees. The trees shall be first quality visually healthy maiden trees typical of the variety.If the Controller is satisfied that maiden trees cannot be supplied, two-year-old trees may be delivered.

Herbaceous perennials

(11) Four visually healthy vegetatively reproduced plants typical of the variety, each one year old.

Cymbidiums

(12) One mature plant in full flower.

Pelargoniums

(13) Ten rooted or unrooted cuttings.

Streptocarpus

(14) Five full grown plants.

Lilies.

(15) Ten visually healthy bulbs of flowering size.

Elatior begonias

(16) Thirty healthy young plants with no visible evidence of flower buds.The plants shall not have been treated with a growth regulator.

Saintpaulia

(17) Twenty healthy young plants.

Nerine

(18) Fifteen dormant bulbs.

Poinsettia

(19) Ten rooted cuttings.

Cacti

(20) Twenty unrooted cuttings.

Gerbera

(21) Twelve young plants of normal commercial standard.

Kalanchoe

(22) Twenty young plants, not cut back, in peat blocks.

Impatiens

(23) Twenty young plants, of good commercial quality, not cut back, in peak blocks.

Euphorbia milii

(24) Twenty, three month old plants.

Scaevola aemula

(25) Twenty young plants.

Osteospermum

(26) Twenty young plants, of good commercial quality, not cut back, in peak blocks.

Galtonia candicans

(27) Six visually healthy bulbs.

Agapanthus

(28) Four visually healthy plants.

Cheiranthus

(29) Twenty young plants.

Erysimum

(30) Twenty young plants.

Festuca ovina Glauca

(31) Four young plants.

Petunia

(32) Ten grams of seed.

Trifolium arvense

(33) Twenty young plants.

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