The Oil and Fibre Plant Seed (Wales) Regulations 2004

Regulations 2(1), 8(8)(a) and (b), (10) to (13), (15)(c), 10(3)(a) and (b) and (4)(a), (b), (c) and (d), 11(6), (8)(a), (10) to (13), (15)(a) and (b), 13(3) and (5)(e), (f) and (g), 14(1)(b) and (c), paragraphs 2(3)(a), 5(3)(a), 7(3)(a), 10(3)(a), 14(3)(a), 18(3)(a), 20(3)(a), 24(3)(a), 28(3)(a), 32(3)(a), 36(3)(a), 40(3)(a), 44(3)(a), 47(3)(a), 51(3)(a), 54(3)(a), 58(3)(a) and (b), 60(3)(a) and (c), 63(5)(a) and (b), (7)(a) and (b), (9)(a) and (b) and (10)(a) and (b) of Schedule 1

SCHEDULE 4 E+W CONDITIONS TO BE SATISFIED BY THE SEED

PART I E+W Conditions to be examined mainly by field inspections

1.  The seed shall have sufficient varietal identity and varietal purity. E+W

2.  In the case of seed of a hybrid variety of swede rape, the requirement for sufficient identity and purity shall also apply to the varietal characteristics of its components including restoration of male sterility or fertility (as the case may be) E+W

3.  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 — E+W

Species and category	Minimum varietal purity(percentage)
Column (1)	Column (2)
(a) Flax —
(i) basic seed	99.7
(ii) C1 seed	98.0
(iii) C2 seed	97.5
(iv) C3 seed	97.5
(b) Linseed —
(i) basic seed	99.7
(ii) C1 seed	98.0
(iii) C2 seed	97.5
(c) Soya bean —
(i) basic seed	99.5
(ii) C1 seed	99.0
(iii) C2 seed	99.0
(d) Sunflower except hybrid varieties and components of hybrid varieties —
(i) basic seed	99.7
(ii) CS seed	99.0
(e) Swede rape and turnip rape except hybrid varieties, components of hybrid varieties and varieties to be used solely for fodder purposes —
(i) basic seed	99.9
(ii) CS seed	99.7
(f) Swede rape and turnip rape varieties to be used solely for fodder purposes except hybrid varieties and components of hybrid varieties —
(i) basic seed	99.7
(ii) CS seed	99.0
(g) Components of hybrid varieties of swede rape and hybrid varieties produced using male sterility —
(i) basic seed, female component	99.0
(ii) basic seed, male component	99.9
(iii) CS seed	90.0

4.  For the purposes of paragraph 3, the minimum varietal purity of seed shall be examined mainly in field inspections carried out in accordance with the conditions laid down in paragraph 12 of Schedule 3. E+W

5.  Where a female male-sterile component and a male component which does not restore male fertility are used for the production of CS seed of a hybrid variety of sunflower, the seed produced by the female male sterile component shall be blended with seed produced by the male component. The ratio of seed produced by the female male sterile component to seed produced by the male fertile component shall not exceed two to one. E+W

PART II E+W Conditions to be examined by seed testing

6.  In the case of basic seed of a component of a hybrid variety of swede rape, the varietal purity of that seed may be assessed by a biochemical method where the official post-control of samples of the basic seed has not been carried out in accordance with paragraph 10. E+W

7.—(1) Subject to paragraph (2), the seed shall conform to the following standards or other conditions as regards analytical purity and content of seeds of other plant species — E+W

1Hemp seed shall be free from Orobonche spp. However the presence of one seed of Orobonche spp. in a sample of 100 grams shall not be regarded as an impurity where a second sample of 200 grams is free from any such seeds.
Species and Category	Minimum Analytical purity (% by weight)	Maximum content of seed of other plant species (percentage by weight)	Maximum content by number of seeds of other plant species in a sample of the weight specified in column 4 of the table in Schedule 7
			All other plant species (including seeds of the species specified in columns 5 to 10)	Wild oat (Avena fatua, Avena sterilis and Avena ludoviciana)	Dodder (Cuscuta spp.)	Wild Radish Raphanus raphanistrum	Docks (Rum ex spp. other than R. acetosella)	Blackgrass (Alopecurus myosuroides)	Lolium remotum
1	2	3	4	5	6	7	8	9	10
Black mustard, brown mustard, white mustard, swede rape and turnip rape—
(a) basic seed	98	0.3	Not applicable	0	0	10	2	Not applicable	Not applicable
(b) CS seed	98	0.3	Not applicable	0	0	10	5	Not applicable	Not applicable
Flax-basic, C1, C2 and C3 seed	99	Not applicable	15	0	0	Not applicable	Not applicable	4	2
Hemp-basic, CS, C1 and C2 seed 1	98	Not applicable	30	0	0	Not applicable	Not applicable	Not applicable	Not applicable
Linseed-basic, C1 and C2 seed	99	Not applicable	15	0	0	Not applicable	Not applicable	4	2
Soya bean-basic, C1 and C2 seed	98	Not	5	0	0	Not applicable	Not applicable	Not applicable	Not applicable
Sunflower-basic and CS seed	98	Not applicable	5	0	0	Not applicable	Not applicable	Not applicable	Not applicable

(2) The presence of one seed of dodder (Cuscuta spp.) in a sample of —

(a) brown mustard;

(b) black mustard;

(c) flax;

(d) linseed;

(e) swede rape;

(f) turnip rape; or

(g) white mustard;

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

8.  It shall be determined, by way of a germination test, whether the seed attains the applicable percentage of germination set out in column 2 of the table below — E+W

Species and category	Minimum germination(% of pure seed)
Column 1	Column 2
Basic, C1, C2 and C3 seed of flax	92
Basic CS, CI and C2 seed of hemp	75
Basic, C1 and C2 seed of linseed	85
Basic and CS seed of black mustard, brown mustard, swede rape and turnip rape	85
Basic and CS seed of white mustard	85
Basic, C1 and C2 seed of soya bean	80
Basic and CS seed of sunflower	85

9.—(1) Subject to paragraph (2), in any sample of seed of the species specified in column 1 of the following table harmful organisms of the type specified in columns 2, 3 and 4 of the table shall not exceed the number specified in the relevant corresponding entry of the table — E+W

Species	Harmful organisms
	Maximum percentage by number of seeds contaminated by harmful organisms (total per column)
	Botrytis	Alternaria spp., Ascochyta linicola (syn. Phoma linicola), Collectotrichum lini, Fusarium spp.	Sclerotinia sclerotiorum (maximum number of sclerotia or fragments of sclerotia in a sample of the weight specified in column 4 of the table in Schedule 7)
Column (1)	Column (2)	Column (3)	Column (4)
Flax	5	5	Not applicable
Hemp	5	Not applicable	Not applicable
Linseed	5	5	Not applicable
Sunflower	5	Not applicable	10
Swede rape	Not applicable	Not applicable	10
Turnip rape	Not applicable	Not applicable	5
White mustard	Not applicable	Not applicable	5

(2) In the case of flax, the maximum percentage by number of seeds contaminated by Ascochyta linicola (syn Phoma linicola) shall not exceed 1%.

(3) In the case of seed of soya bean —

(a) the maximum number of sub-samples within a sample of 5,000 seeds minimum per lot sub-divided into 5 sub-samples which have been found to be contaminated by Pseudomonas syringae pv. glycinea shall not exceed 4;

(b) the maximum number of seeds contaminated by Diaporthe phaseolorum shall not exceed 15%; and

(c) the percentage by weight of inert matter shall not exceed 0.3%.

PART III E+W Conditions to be examined by inspections of control plots

10.  Subject to paragraph 6, seed of a hybrid variety of swede rape shall not be certified as CS seed unless due account has been taken of the results of official post-control tests on samples of basic seed and carried out during the growing season of the seed entered for certification as CS seed to ascertain whether the basic seed has met the requirements for basic seed laid down in these Regulations in respect of identity and purity as regards the characteristics of the components, including male sterility. E+W

PART IV E+W Other conditions

11.  Subject to paragraph 9, harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level that can be achieved. E+W

PART V E+W General provisions

12.  For the purpose of determining whether seed meets the conditions laid down in this Schedule — E+W

(a) pre-basic seed shall be treated in the same way as basic seed, and

(b) the provisions of Part II shall apply, insofar as they may be relevant, to commercial seed in the same way as they apply to CS seed.