- Latest available (Revised)
- Point in Time (08/10/2004)
- Original (As made)
Version Superseded: 22/11/2010
Point in time view as at 08/10/2004.
There are currently no known outstanding effects for the The Fodder Plant Seed (England) Regulations 2002 (revoked), SCHEDULE 4.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Regulations 2(1), 8(8)(a) and (b), (9) to (12), (13)(b), (15)(c) and (18)(a), 10(3)(a) and (b), (4)(a), (b) and (c), 11(6),(7), (8)(a), (9) to (13) and (15)(a) and (b), 13(3)(a) and (b), (4), (5)(d), (e) and (f), 14(1)(b) and (c), 16(2)(a) and (3), paragraphs 2(3)(a), 5(3)(a), 9(3)(a), 13(3)(a), 15(3)(a), 19(3)(a), 23(3)(a), 27(3)(a), 31(3)(a), 35(3)(a), 39(3)(a), 42(3)(a), 51(4)(a) and (b), (5)(a) and (b) and (7)(a) and (b) of Schedule 1 and paragraph 11(1) and (2) of Schedule 3
1. The seed shall have sufficient varietal identity and varietal purity.U.K.
2. In the case of seed of the species and type specified in column 1 of the table below, the minimum varietal purity shall conform to the standards specified in the corresponding entry in column 2 of the table—U.K.
Species and category | Minimum varietal purity standard (percentage by number) |
---|---|
Column (1) | Column (2) |
(a)Fodder kale, apomictic uniclonal varieties of smooth-stalked meadowgrass and swede— | |
(i)basic seed | 99.7 |
(ii)CS seed | 98.0 |
(b)Field beans and field peas— | |
(i)basic seed | 99.7 |
(ii)C1 seed | 99.0 |
(iii)C2 seed | 98.0 |
3. For the purposes of paragraph 2, the minimum varietal purity of seed shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Schedule 3.U.K.
4. The seed shall conform to the following standards or other conditions as regards analytical purity—U.K.
Species | Minimum analytical purity (% by weight) | Minimum analytical purity (% by weight) |
---|---|---|
EC minimum standard | HVS standard | |
All categories | CS only | |
1. Fine grasses—U.K. | ||
(a)annual meadowgrass | 85 | Not applicable |
(b)brown top | 90 | Not applicable |
(c)creeping bent grass | 90 | Not applicable |
(d)festulolium | 96 | 98 |
(e)red fescue | 90 | 95 |
(f)red top | 90 | Not applicable |
(g)rough-stalked meadowgrass | 85 | Not applicable |
(h)sheep’s fescue | 85 | Not applicable |
(i)smooth-stalked meadowgrass | 85 | 90 |
(j)velvet bent | 90 | Not applicable |
(k)wood meadowgrass | 85 | Not applicable |
2. Fodder grasses—U.K. | ||
(a)Alaska brome-grass | 97 | Not applicable |
(b)cocksfoot | 90 | 90 |
(c)hybrid ryegrass | 96 | 98 |
(d)Italian ryegrass | 96 | 98 |
(e)meadow fescue | 95 | 98 |
(f)perennial ryegrass | 96 | 98 |
(g)rescue grass | 97 | Not applicable |
(h)small Timothy | 96 | 98 |
(i)tall fescue | 95 | 98 |
(j)tall oatgrass | 90 | Not applicable |
(k)Timothy | 96 | 98 |
3. Small seeded legumes—U.K. | ||
(a)Alsike clover | 97 | Not applicable |
(b)birdsfoot trefoil | 95 | Not applicable |
(c)lucerne | 97 | 98 |
(d)red clover | 97 | 98 |
(e)sainfoin | 95 | 98 |
(f)trefoil, black medick | 97 | Not applicable |
(g)white clover | 97 | 98 |
4. Large seeded legumes—U.K. | ||
(a)blue lupin | 98 | Not applicable |
(b)common vetch | 98 | Not applicable |
(c)field bean | 98 | Not applicable |
(d)field pea | 98 | Not applicable |
(e)hairy vetch | 98 | Not applicable |
(f)Hungarian vetch | 98 | Not applicable |
(g)white lupin | 98 | Not applicable |
(h)yellow lupin | 98 | Not applicable |
5. Crucifers—U.K. | ||
(a)fodder kale | 98 | Not applicable |
(b)fodder radish | 97 | Not applicable |
(c)swede | 98 | Not applicable |
5.—(1) Subject to paragraphs (2) to (14), the seed shall conform to the following standards or other conditions as regards the maximum content of seeds of other plant species—U.K.
Species | Basic seed | CS, C1 and C2 seed EC minimum standard level | CS seed HVS level | |||
---|---|---|---|---|---|---|
Total | A single species | Total | A single species | Total | A single species | |
(percentage by weight) | (content by number in a sample of the weight specified in column 4 of the table in Schedule 7) | (percentage by weight) | (percentage by weight) | (percentage by weight) | (percentage by weight) | |
1. Fine grassesU.K. | ||||||
(a)Fine grasses other than— | 0.3 | 20 | 2.0 | 1.0 | Not applicable | Not applicable |
(i)Festulolium (ii)Red fescue (iii)Smooth-stalk meadowgrass | ||||||
(b)Festulolium | 0.3 | 20 | 1.5 | 1.0 | 1.5 | Not applicable |
(c)Red fescue | 0.3 | 20 | 1.5 | 1.0 | 1.5 | 0.5 |
(d)Smooth-stalk meadowgrass | 0.3 | 20 | 2.0 | 1.0 | 1.5 | 0.5 |
2. Fodder grassesU.K. | ||||||
(a)Fodder grasses other than— | ||||||
(i)Alaska brome-grass | 0.3 | 20 | 1.5 | 1.0 | 1.5 | 0.5 |
(ii)Rescue grass (iii)Tall oatgrass | ||||||
(b)Alaska brome-grass and rescue grass | 0.4 | 20 | 1.5 | 1.0 | Not applicable | Not applicable |
(c)Tall oatgrass | 0.3 | 20 | 3.0 | 1.0 | Not applicable | Not applicable |
3. Small seeded legumesU.K. | ||||||
(a)Alsike clover and trefoil, black medick | 0.3 | 20 | 1.5 | 1.0 | Not applicable | Not applicable |
(b)Birdsfoot trefoil | 0.3 | 20 | 1.8 | 1.0 | Not applicable | Not applicable |
(c)Lucerne, red clover and white clover | 0.3 | 20 | 1.5 | 1.0 | 1.5 | 0.5 |
(d)Sainfoin | 0.3 | 20 | 2.5 | 1.0 | 1.5 | 0.5 |
4. Large seeded legumesU.K. | ||||||
(a)Large seeded legumes other than vetches | 0.3 | 20 | 0.5 | 0.3 | Not applicable | Not applicable |
(b)Vetches | 0.3 | 20 | 1.0 | 0.5 | Not applicable | Not applicable |
5. CrucifersU.K. | 0.3 | 20 | 1.0 | 0.5 | Not applicable | Not applicable |
(2) Notwithstanding the condition that a sample of basic seed of the weight specified in column 4 of the table in Schedule 7 shall not exceed 20 seeds of a single species, in the case of—
(a)cocksfoot;
(b)festulolium;
(c)hybrid ryegrass;
(d)Italian ryegrass;
(e)meadow fescue;
(f)perennial ryegrass;
(g)red fescue;
(h)sheep’s fescue;
(i)tall fescue; and
(j)tall oatgrass,
a maximum total of 80 seeds of Poa spp. in a sample shall not be regarded as an impurity.
(3) In the case of a sample of HVS level CS seed of red fescue, there shall be no more than a total of 4 seeds of ryegrass, cocksfoot and meadow fescue in a sample of the weight specified in column 4 of the table in Schedule 7.
(4) In the case of basic seed of annual meadowgrass, rough-stalked meadowgrass, smooth-stalked meadowgrass and wood meadowgrass the maximum total content of seeds of Poa spp. other than the species to be examined shall not exceed one in a sample of 500 seeds.
(5) In the case of a sample of CS seed of annual meadowgrass, rough-stalked meadowgrass, smooth-stalked meadowgrass and wood meadowgrass, a maximum total of 0.8% by weight of seeds of other Poa spp. in the sample shall not be regarded as an impurity.
(6) In the case of a sample of HVS level CS seed of smooth-stalked meadowgrass, a maximum of 0.4% by weight of seed of other meadowgrasses shall not be regarded as an impurity.
(7) In the case of a sample of HVS level CS seed of meadow fescue and tall fescue, there shall be no more than—
(a)0.3% by weight of rough stalked meadowgrass, or
(b)0.3% by weight of ryegrass,
in the sample.
(8) In the case of a sample of CS seed of tall oatgrass, the condition that the weight of seed of a single plant species in the sample shall not exceed 1.0% shall not apply to seeds of Poa spp.
(9) In the case of a sample of HVS level CS seed of hybrid ryegrass, Italian ryegrass and perennial ryegrass, there shall be no more than—
(a)0.4% by weight of annual meadowgrass, or
(b)0.3% by weight of rough stalked meadowgrass,
in the sample.
(10) In the case of a sample of CS seed of birdsfoot trefoil, a maximum total of 1% by weight of seeds of red clover in the sample shall not be regarded as an impurity.
(11) In the case of a sample of C1 F1... seed of a lupin, a maximum total of 0.5% by weight of seeds of field bean, field pea, or vetch seed or another species of lupin in the sample shall not be regarded as an impurity.
(12) In the case of a sample of C1 F2... seed of a vetch, a maximum total of 0.5% by weight of seeds of field bean, field pea or lupin seed or another species of vetch seed in the sample shall not be regarded as an impurity.
(13) In the case of a sample of HVS level CS seed of small Timothy and Timothy, there shall be no more than 0.3% by weight of Agrostis spp. in the sample.
(14) In the case of a sample of HVS level CS seed of red fescue, there shall be no more than 0.3% by weight of rough-stalked meadowgrass.
Textual Amendments
F1Words in Sch. 4 para. 5(11) deleted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(14)(a)(i)
F2Words in Sch. 4 para. 5(12) deleted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(14)(a)(ii)
6. The seed shall conform to the following standards as regards the content of seeds of Rumex spp. (commonly known as docks and sorrels) other than Rumex acetosella (commonly known as sheep’s sorrel) and Rumex maritimus (commonly known as golden dock)—U.K.
Species | Maximum permitted by number in a sample of the weight prescribed in column 4 of the table in Schedule 7 | ||
---|---|---|---|
Basic seed | CS, C1 and C2 seed | CS seed | |
EC minimum level | HVS level | ||
1. Fine grassesU.K. | |||
(a)Fine grasses other than— | 1 | 2 | Not applicable |
(i)annual meadowgrass (ii)festulolium (iii)red fescue (iv)sheep’s fescue (v)smooth-stalked meadowgrass | |||
(b)annual meadowgrass | 1 | 5 | Not applicable |
(c)red fescue | 2 | 5 | 5 |
(d)sheep’s fescue and festulolium | 2 | 5 | Not applicable |
(e)smooth-stalked meadowgrass | 1 | 2 | 2 |
2. Fodder grassesU.K. | |||
(a)fodder grasses other than— | 2 | 5 | 5 |
(i)Alaska brome-grass (ii)rescue grass (iii)small Timothy (iv)tall oatgrass (v)Timothy | |||
(b)Alaska brome-grass | 5 | 10 | Not applicable |
(c)rescue grass | 5 | 10 | Not applicable |
(d)small Timothy | 2 | 5 | 4 |
(e)tall oatgrass | 2 | 5 | Not applicable |
(f)Timothy | 2 | 5 | 4 |
3. Small seeded legumes—U.K. | |||
(a)Alsike clover | 3 | 10 | Not applicable |
(b)birdsfoot trefoil | 3 | 10 | Not applicable |
(c)lucerne | 3 | 10 | 10 |
(d)red clover | 5 | 10 | 10 |
(e)sainfoin | 2 | 5 | 5 |
(f)trefoil, black medick | 5 | 10 | Not applicable |
(g)white clover | 5 | 10 | 10 |
4. Large seeded legumesU.K. | 2 | 5 | Not applicable |
5. Crucifers—U.K. | |||
(a)fodder kale | 3 | 10 | Not applicable |
(b)fodder radish and swede | 2 | 5 | Not applicable |
7. The seed shall conform to the following standards as regards the content of seeds of Alopecurus myosuroides (commonly known as blackgrass and called "blackgrass" in the table set out in this paragraph) and Agropyron repens (commonly known as couch and called "couch" in the following table)—U.K.
Species | Basic seed | CS seed EC minimum standard level | CS seed HVS level | |||
---|---|---|---|---|---|---|
Maximum content by number in a sample of the weight specified in column 4 of the table in Schedule 7 | Maximum percentage by weight | Maximum content by number in a sample of the weight specified in column 4 of the table in Schedule 7 | ||||
Couch | Blackgrass | Couch | Blackgrass | Couch | Blackgrass | |
1. Fine grasses—U.K. | ||||||
(a)Fine grasses other than— | 1 | 1 | 0.3 | 0.3 | Not applicable | Not applicable |
(i)festulolium (ii)red fescue (iii)sheep’s fescue (iv)smooth-stalk meadowgrass | ||||||
(b)festulolium | 5 | 5 | 0.5 | 0.3 | 10 | Not applicable |
(c)red fescue | 5 | 5 | 0.5 | 0.3 | 10 | 10 |
(d)sheep’s fescue | 5 | 5 | 0.5 | 0.3 | Not applicable | Not applicable |
(e)smooth-stalk meadowgrass | 1 | 1 | 0.3 | 0.3 | 3 | 3 |
2. Fodder grassesU.K. | ||||||
(a)Fodder grasses other than— | 5 | 5 | 0.5 | 0.3 | 10 | 10 |
(i)Alaska brome-grass (ii)cocksfoot (iii)rescue grass (iv)small Timothy (v)tall oatgrass (vi)Timothy | ||||||
(b)Alaska brome-grass, rescue grass and tall oatgrass | 5 | 5 | 0.5 | 0.3 | Not applicable | Not applicable |
(c)cocksfoot | 5 | 5 | 0.3 | 0.3 | 10 | 10 |
(d)small Timothy and Timothy | 1 | 1 | 0.3 | 0.3 | 10 | 10 |
3. Small seeded legumes as follows—U.K. | Not applicable | Not applicable | Not applicable | Not applicable | 10 | 10 |
(a)lucerne (b)red clover (c)sainfoin (d)white clover |
8.—(1) Subject to paragraph (2), for basic seed of small and large seed legumes, a sample of the weight specified in column 4 of the table in Schedule 7 shall be free of seeds of Melilotus spp. (commonly known as sweet clover and hereinafter in this paragraph called “sweet clover”).U.K.
(2) In the case of—
(a)Alsike clover;
(b)birdsfoot trefoil;
(c)lucerne;
(d)red clover;
(e)trefoil, black medick; and
(f)white clover,
one seed of sweet clover in a sample of the weight specified in column 4 of the table in Schedule 7 shall not be regarded as an impurity where a second sample of twice that weight is free from any sweet clover seed.
(3) For CS, C1 and C2 seed of small and large seeded legumes, any sweet clover seed in a sample shall not exceed 0.3% by weight.
9.—(1) Subject to paragraph (2), a sample of seed of the weight specified in column 4 of the table in Schedule 7 shall be free of seeds of Avena fatua, Avena ludoviciana and Avena sterilis (commonly known as wild oats and hereinafter in this paragraph called “wild oats”).U.K.
(2) In the case of basic and CS seed of—
(a)Alaska brome grass;
(b)rescue grass; and
(c)tall oatgrass;
a maximum of 2 wild oats seeds in a sample of the weight specified in column 4 of the table in Schedule 7 shall not be regarded as an impurity where a second sample of the same weight is free from any wild oats seed.
10.—(1) Subject to paragraphs (2) and (3), a sample of seed of the weight specified in column 4 of the table in Schedule 7 shall be free of seed of Cuscuta spp. (commonly known as dodder and hereinafter called “dodder” n this paragraph).U.K.
(2) In the case of minimum level CS seed of fine grasses, fodder grasses, fodder kale and swede, the presence of one seed of dodder in a sample shall not be regarded as an impurity where a second sample of the same weight is free from any dodder seed.
(3) Subject to paragraph (4), in the case of basic and CS seed of—
(a)Alsike clover;
(b)birdsfoot trefoil;
(c)black medick trefoil;
(d)lucerne;
(e)red clover;
(f)white clover,
a sample of seed of the weight specified in column 4 of the table in Schedule 7 shall be free of dodder seed.
(4) In the case of minimum level CS seed and C1 seed of the species specified in sub-paragraph (3), the presence of one seed of dodder in a sample shall not be regarded as an impurity where a second sample of the same weight is free from any dodder seed.
11. The percentage by number of bitter lupins in a sample of seed of a sweet lupin variety shall not exceed—U.K.
(a)1% in the case of basic seed, and
(b)2.5% in the case of [F3C1 seed] .
Textual Amendments
F3Words in Sch. 4 para. 11(b) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(14)(b)
12.—(1) In the case of [F4C1 seed] , the percentage by number of seeds of another colour in a sample of seed of a bitter lupin variety shall not exceed 2%.U.K.
(2) In the case of [F5C1 seed] of lupins, other than bitter lupins, the percentage by number of seeds of another colour in a sample shall not exceed 1%.
Textual Amendments
F4Words in Sch. 4 para. 12(1) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(14)(c)(i)
F5Words in Sch. 4 para. 12(2) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(14)(c)(ii)
13. In the case of crucifers, the percentage by weight of seed of Raphanus raphanistrum (commonly known as wild radish) or [F6Sinapis] arvensis (commonly known as charlock) in a sample of seed shall not exceed 0.3%.U.K.
Textual Amendments
F6Word in Sch. 4 para. 13 substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(14)(d)
14.—(1) Subject to paragraph (2), it shall be determined, by way of a germination test, whether or not the seed will satisfy the applicable germination standard set out in column 2 of the following table (“the germination table”)—U.K.
Column 1 | Column 2 | Column 3 |
---|---|---|
Species | Minimum germination | Maximum hard seed content |
(all categories) | (% of pure seed) | (% pure seed) |
1. Fine grasses—U.K. | ||
(a)annual meadowgrass | 75 | Not applicable |
(b)brown top | 75 | Not applicable |
(c)creeping bent grass | 75 | Not applicable |
(d)festulolium | 75 | Not applicable |
(e)red fescue | 75 | Not applicable |
(f)red top | 80 | Not applicable |
(g)rough-stalked meadowgrass | 75 | Not applicable |
(h)sheep’s fescue | 75 | Not applicable |
(i)smooth-stalked meadowgrass | 75 | Not applicable |
(j)velvet bent | 75 | Not applicable |
(k)wood meadowgrass | 75 | Not applicable |
2. Fodder grasses—U.K. | ||
(a)Alaska brome-grass | 75 | Not applicable |
(b)cocksfoot | 80 | Not applicable |
(c)hybrid ryegrass | 75 | No applicable |
(d)Italian ryegrass | 75 | Not applicable |
(e)meadow fescue | 80 | Not applicable |
(f)perennial ryegrass | 80 | Not applicable |
(g)rescue grass | 75 | Not applicable |
(h)small Timothy | 80 | Not applicable |
(i)tall fescue | 80 | Not applicable |
(j)tall oatgrass | 75 | Not applicable |
(k)Timothy | 80 | Not applicable |
3. Small seeded legumes—U.K. | ||
(a)Alsike clover | 80 | 20 |
(b)birdsfoot trefoil | 75 | 40 |
(c)lucerne | 80 | 40 |
(d)red clover | 80 | 20 |
(e)sainfoin | 75 | 20 |
(f)trefoil, black medick | 80 | 20 |
(g)white clover | 80 | 40 |
4. Large seeded legumes—U.K. | ||
(a)blue lupin | 75 | 20 |
(b)common vetch | 85 | 20 |
(c)field bean | [F780] | 5 |
(d)field pea | 80 | Not applicable |
(e)hairy vetch | 85 | 20 |
(f)Hungarian vetch | 85 | 20 |
(g)white lupin | 80 | 20 |
(h)yellow lupin | 80 | 20 |
5. Crucifers—U.K. | ||
(a)fodder kale | 75 | Not applicable |
(b)fodder radish | 80 | Not applicable |
(c)swede | 80 | Not applicable |
(2) For the purpose of determining whether seed satisfies the applicable germination standard set out in column 2 of the germination table—
(a)any fresh and healthy seed which does not germinate after pre-treatment shall be regarded as seed which has germinated, and
(b)any hard seed present not exceeding the amount shown in column 3 of the table shall be regarded as seed which is capable of germination.
Textual Amendments
F7Word in Sch. 4 para. 14(1) substituted (8.10.2004) by The Fodder Plant Seed (England) (Amendment) Regulations 2004 (S.I. 2004/2387), regs. 1, 2(14)(e)
15. Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level that can be achieved.U.K.
16. For the purpose of determining whether seed meets the conditions laid down in this Schedule pre-basic seed shall be treated in the same way as basic seed.U.K.
17.—(1) For the purpose of determining whether commercial seed meets the conditions laid down in this Schedule the provisions of this Schedule, other than paragraphs 1 to 3, shall apply, insofar as they may be relevant, to commercial seed of annual meadowgrass and Hungarian vetch in the same way as they apply to CS seed of those respective species and commercial seed of sainfoin in the same way as they apply to minimum level CS seed of that species except that—U.K.
(a)the minimum analytical purity of Hungarian vetch shall be 97%, and
(b)subject to paragraphs (2) and (3), the seed shall conform to the following standards as regards the maximum content of seeds of other plant species—
Total content of seed of other plant species | A single species | |
---|---|---|
(percentage by weight) | (percentage by weight) | |
Annual meadowgrass | 3.0 | 2.0 |
Hungarian vetch | 2.0 | 1.5 |
Sainfoin | 3.5 | 2.0 |
(2) In the case of Hungarian vetch, a maximum total of 6% by weight of other species of vetch seed shall not be regarded as an impurity.
(3) In the case of annual meadowgrass, a maximum total of 10% by weight of other species of meadowgrass shall not be regarded as an impurity.
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