The Cereal Seed (Wales) Regulations 2005 (revoked)

Regulations 2(1), 8(8), (9), (10), (11), (12), (13)(b), (15)(c), (18)(a), 10(3)(a) and (b), 10(4)(a), (b), (c), 11(15), 13(5)(f), 14(1)(b), 16(2)(a) and (3)(a) and 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), 48(3)(a), 51(4)(a), (6)(a) and (8)(a) of Schedule 1 and paragraphs 6, 9 and 10(2) of Schedule 4

SCHEDULE 3 E+W CONDITIONS RELATING TO CROPS FROM WHICH SEED IS TO BE HARVESTED

1.  The previous cropping of the field shall not have been incompatible with the production of seeds of the species and variety of the crop and the field shall be sufficiently free from plants which are volunteers from previous cropping. E+W

2.  Subject to paragraph 3, in the case of maize, rye, other than a hybrid of rye, and a self-pollinating variety of triticale, the crop shall conform to the following standards as regards the minimum distances from neighbouring sources of pollen which may result in undesirable foreign pollination— E+W

Crop	Minimum distance
1	2
(a) Maize, for the production of basic or CS seed	200 metres
(b) Rye (other than a hybrid)—
(i) for the production of basic seed
(ii) for the production of CS seed 300 metres	250 metres
(c) Self-pollinating variety of triticale—
(i) for the production of basic seed	50 metres
(ii) for the production of C1 and C2 seed	20 metres

3.  Paragraph 2 shall not apply if there is sufficient protection from any undesirable foreign pollination. E+W

4.  In the case of barley, durum wheat, oats, spelt wheat and wheat, the crop shall conform to the following standards as regards the minimum species purity— E+W

Crops to produce	Minimum standard (percentage by number)	Higher Voluntary Standard (percentage by number)
(a) Basic seed	No standard	99.99
(b) C1 seed	No standard	99.99
(c) C2 seed	No standard	99.99

5.  Subject to paragraphs 6 and 7, the crop shall have sufficient varietal identity and varietal purity. E+W

6.  In the case of an inbred line, the crop shall have sufficient identity and purity as regards its characteristics. E+W

7.  For the production of seed of a hybrid variety, the requirement for sufficient identity and purity shall also apply to the characteristics of the components including male sterility or fertility restoration. E+W

8.  In the case of rye, other than a hybrid, the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed— E+W

(a) one per 30 square metres for the production of basic seed, and

(b) one per 10 square metres for the production of CS seed.

9.  In the case of maize, the percentage by number of plants which are recognisable as obviously not being true to the variety, the inbred line or the component shall not exceed— E+W

(a) for the production of basic seed—

(i) in the case of an inbred line; 0.1%;

(ii) in the case of each component of a simple hybrid; 0.1%; and

(iii) in the case of an open pollinated variety; 0.5%;

(b) for the production of CS seed—

(i) a component of a hybrid variety—

(aa) in the case of an inbred line; 0.2%;

(bb) in the case of a simple hybrid; 0.2%;

(cc) in the case of an open pollinated variety; 1%; and

(ii) in the case of an open pollinated variety, 1%.

10.—(1) In the case of the production of seed of a hybrid variety of maize— E+W

(a) sufficient pollen shall be shed by the plants of the male component while the plants of the female component are in flower;

(b) where appropriate emasculation shall be carried out; and

(c) where 5% or more of the female component plants have receptive stigmas, the percentage of female component plants which have shed pollen or are shedding pollen shall not exceed—

(i) 1% at an official UK field inspection or a UK field inspection carried out under official supervision, and

(ii) 2% at the total of the official UK field inspections or UK field inspections carried out under official supervision.

(2) For the purposes of sub-paragraph (1)(a) and (c) plants shall be considered as having shed pollen or to be shedding pollen where, on 50 mm or more of the central axis or laterals of a panicle, the anthers have emerged from their glumes and have shed or are shedding pollen.

11.—(1) The provisions of this paragraph apply to a hybrid of rye. E+W

(2) Subject to paragraph (3), the crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination—

(a) for the production of basic seed—

(i) where male sterility is used, a minimum distance of 1,000 metres, and

(ii) where male sterility is not used, a minimum distance of 600 metres, and

(b) for the production of CS seed, a minimum distance of 500 metres.

(3) Sub-paragraph (2) shall not apply if there is sufficient protection from any undesirable foreign pollination.

(4) The crop shall have sufficient identity and purity as regards the characteristics of the components, including male sterility.

(5) The number of plants of the crop species which are recognisable as obviously not being true to the component shall not exceed—

(a) in the case of a crop for the production of basic seed, one per 30 square metres, and

(b) subject to paragraph (6), in the case of a crop for the production of CS seed, 1 per 10 square metres.

(6) In an official UK field inspection or a UK field inspection carried out under official supervision the standard in sub-paragraph (5)(b) shall apply to the female component only.

(7) In the case of basic seed, where male sterility is used, the level of sterility of the male-sterile component shall be at least 98%.

(8) Where appropriate, CS seed shall be produced in mixed cultivation of a female male-sterile component with a male component which restores male fertility.

12.—(1) The provisions of this paragraph apply to a crop to produce a hybrid of barley, durum wheat, oats, self-pollinating triticale, spelt wheat or wheat. E+W

(2) Subject to paragraph (3), the female component of the crop shall be at least 25 metres from a crop of any other variety of the same species except from a crop of the male component.

(3) Paragraph (2) shall not apply if there is sufficient protection from any undesirable foreign pollination.

(4) The crop shall have sufficient identity and purity as regards the characteristics of the components.

(5) Where seed is produced using a chemical hybridisation agent, the crop shall conform to the following standards or other conditions—

(a) the minimum varietal purity of each component shall be—

(i) in the case of barley, durum wheat, oats, spelt wheat or wheat, 99.7%, and

(ii) in the case of self-pollinating triticale, 99.0%, and

(b) the minimum hybridity shall be 95%.

(6) In cases where the hybridity is determined during seed testing prior to certification, the determination of the hybridity during a field inspection need not be done.

13.  The maximum number of wild oats per hectare shall be as follows— E+W

Crops to produce	Level (where applicable)	Oats	Hybrid of oats	Barley	Hybrid of barley	Wheat, durum wheat and spelt wheat	Hybrid of wheat, durum wheat and spelt wheat	Rye and maize (including hybrids)	Triticale	Hybrid of self- pollinating triticale
Basic seed	HVS	Nil	Not applicable	7 applicable	Not	7 applicable	Not applicable	Not applicable	Not applicable	Not applicable
	Minimum	Nil	Nil	7	7	7	7	7	7	7
CS seed		Not applicable	Nil	Not applicable	20	Not applicable	50	50	Not applicable	50
C1 seed	HVS	Nil	Not applicable	7	Not applicable	7	Not applicable	Not applicable	Not applicable	Not applicable
	Minimum	Nil	Not applicable	20	Not applicable	50	Not applicable	Not applicable	50	Not applicable
C2 seed	HVS	Nil	Not applicable	7	Not applicable	7	Not applicable	Not applicable	Not applicable	Not applicable
	Minimum	Nil applicable	Not	20 applicable	Not	50 applicable	Not applicable	Not	50 applicable	Not

14.  Harmful organisms which reduce the usefulness of the seed, in particular loose smut infection, shall be at the lowest possible level. E+W

15.—(1) A crop from which basic seed is to be produced shall be examined by an official UK field inspection to determine whether the crop meets the conditions set out in this Schedule and in Part I of Schedule 4. E+W

(2) A crop from which CS, C1 or C2 seed is to be produced shall be examined by means of an official UK field inspection or a UK field inspection carried out under official supervision to determine whether the crop meets the conditions set out in this Schedule and in Part I of Schedule 4.

(3) Field inspections shall be carried out at a time when the condition and stage of development of the crop permit an adequate examination.

(4) A crop from which HVS level basic, C1 or C2 seed is to be produced shall not be more than one third lodged at the time of inspection.

(5) Subject to sub-paragraphs (6) and (7), at least one field inspection of the crop shall be carried out.

(6) Subject to sub-paragraph (7), at least three field inspections shall be carried out in the case of an inbred line or hybrid of maize.

(7) In the case of maize, where the crop to be examined follows a maize crop in either the preceding or current year, at least one special field inspection shall be carried out to check that the condition contained in paragraph 1 has been complied with.

16.  For the purpose of determining whether the crop from which pre-basic seed is to be produced meets the conditions laid down in this Schedule, the crop from which such seed is to be produced shall be treated in the same way as a crop from which basic seed is to be produced. E+W