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The Seed (Scotland) (Miscellaneous Amendments) Regulations 2010

S.S.I. 2010/219 · Made 3 June 2010

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Seeds

Made 3rd June 2010

Laid before the Scottish Parliament 7th June 2010

Coming into force 30th June 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1), (1A), (2), (3), (4) and (5), 17(1), (2), (3) and (4) and 36 of the Plant Varieties and Seeds Act 1964f1 and all other powers enabling them to do so.

In accordance with section 16(1) of that Act, they have consulted with representatives of such interests as appear to them to be concerned.

Annotations to the whole text

Footnotes

f1

1964 c.14. Section 16 was amended by the European Communities Act 1972 (c.68), section 4(1) and Schedule 4, paragraph 5(1) and (2). See section 38(1) for the definition of “the Minister”. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and extent
  3. Part 2: AMENDMENT OF THE CEREAL SEED (SCOTLAND) REGULATIONS 2005
  4. 2Amendment of the Cereal Seed (Scotland) Regulations 2005
  5. 3Amendment of regulation 2 (interpretation)
  6. 4Substitution of Schedule 1 (species of seed to which the regulations apply)
  7. 5Amendment of Schedule 4 (requirements for pre-basic seed, basic seed, certified seed, certified seed of the first generation and certified seed of the second generation)
  8. Part 3: AMENDMENT OF THE FODDER PLANT SEED (SCOTLAND) REGULATIONS2005
  9. 6Amendment of the Fodder Plant Seed (Scotland) Regulations 2005
  10. 7Substitution of Schedule 1 (species of seed to which the regulations apply)
  11. 8Amendment of Schedule 4 (requirements for pre-basic seed, basic seed, certified seed, certified seed of the first generation, certified seed of the second generation and commercial seed)
  12. 9Amendment of Schedule 5 (sampling and weights)
  13. Part 4: AMENDMENT OF THE OIL AND FIBRE PLANT SEED (SCOTLAND) REGULATIONS 2004
  14. 10Amendment of the Oil and Fibre Plant Seed (Scotland) Regulations 2004
  15. 11Substitution of Schedule 1 (species of seed to which the regulations apply)
  16. 12Amendment of Schedule 5 (sampling and weights)
  17. Part 5: AMENDMENT OF THE VEGETABLE SEEDS REGULATIONS 1993
  18. 13Amendment of the Vegetable Seeds Regulations 1993
  19. 14Amendment of Schedule 4 (requirements for basic seed, certified seed and standard seed)
  20. 15Amendment of Schedule 5 (sampling and weights)
  21. Signature
  22. Schedule 1SUBSTITUTION OF SCHEDULE 1 TO THE CEREAL SEED (SCOTLAND) REGULATIONS 2005
  23. Schedule 2AMENDMENT OF SCHEDULE 4 TO THE CEREAL SEED (SCOTLAND) REGULATIONS 2005
  24. Schedule 3SUBSTITUTION OF SCHEDULE 1 TO THE FODDER PLANT SEED (SCOTLAND) REGULATIONS 2005
  25. Schedule 4AMENDMENT OF SCHEDULE 4 TO THE FODDER PLANT SEED (SCOTLAND) REGULATIONS 2005
  26. Schedule 5SUBSTITUTION OF SCHEDULE 1 TO THE OIL AND FIBRE PLANT SEED (SCOTLAND) REGULATIONS 2004
  27. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Seed (Scotland) (Miscellaneous Amendments) Regulations 2010.

(2)

These Regulations come into force on 30th June 2010.

(3)

These Regulations extend to Scotland only.

2Amendment of the Cereal Seed (Scotland) Regulations 2005

The Cereal Seed (Scotland) Regulations 2005f1 are amended in accordance with regulations 3 to 5.

3Amendment of regulation 2 (interpretation)

In regulation 2(1), in the definition of “oats” for “in relation to oats” substitute “in relation to oats, red oats and naked oats”.

4Substitution of Schedule 1 (species of seed to which the regulations apply)

For Schedule 1, substitute the Schedule set out in Schedule 1 to these Regulations.

5Amendment of Schedule 4 (requirements for pre-basic seed, basic seed, certified seed, certified seed of the first generation and certified seed of the second generation)

In Schedule 4, in paragraph 16(1) (standards of germination, analytical purity and content of seed of other plant species)—

(a)

in the table, in the heading of columns 12 and 13 and in footnote (b) to the table, for “A. ludoviciana, A sterilis”, substitute “Avena sterilis”;

(b)

in the table, in the heading of columns 14 and 15, for “Agropyron repens”, substitute “Elytrigia repens”;

(c)

in the table, before the entry for ‘Secale cereale’, insert the entry in Schedule 2 to these Regulations; and

(d)

for footnote (c) to the table, substitute—

“(c)

In the case of varieties of Hordeum vulgare which are officially classified as of the “naked barley” type and in the case of varieties of Avena nuda which are officially classified as of the “naked oat” type, the minimum germination standard is 75%. In such cases the official label shall be endorsed ‘minimum germination capacity 75%’.”.

6Amendment of the Fodder Plant Seed (Scotland) Regulations 2005

The Fodder Plant Seed (Scotland) Regulations 2005f1 are amended in accordance with regulations 7 to 9.

7Substitution of Schedule 1 (species of seed to which the regulations apply)

For Schedule 1, substitute the Schedule set out in Schedule 3 to these Regulations.

8Amendment of Schedule 4 (requirements for pre-basic seed, basic seed, certified seed, certified seed of the first generation, certified seed of the second generation and commercial seed)

In Schedule 4—

(a)

in paragraph 13 (standards for germination, analytical purity and content of seed of other plant species), in table II—

(i)

before the entry for ‘Sheep’s fescue’, insert—

“

Fine leaved sheep’s fescue75n/a850.32.0
Hard fescue75n/a850.32.0

”

(ii)

in column (4) of the entries for ‘Narrow-leaved lupin (Blue lupin)’, ‘White lupin’ and ‘Yellow lupin’, for “98” substitute “98 (c)”; and

(b)

in paragraph 14 (standards regarding content of seeds of other plant species)—

(i)

in each of tables I and II, in the heading of columns (3) and (4), for “A.ludoviciana and A.sterilis”, substitute “Avena sterilis”;

(ii)

in table I, in the heading of columns (11), (12) and (13) and in table II, in the heading of columns (9) and (10), for “Agropyron repens”, substitute “Elytrigia repens”;

(iii)

in table II, before the entry for ‘Sheep’s fescue’, insert the entries in Schedule 4 to these Regulations; and

(iv)

at table II, in footnote (k) to the table, for “(bitter varieties) the presence of seeds of another colour shall not exceed 4.0%”, substitute “the presence of seeds of another colour shall not exceed 4.0% in bitter lupins and 2.0% in other lupins”.

9Amendment of Schedule 5 (sampling and weights)

In Schedule 5, in paragraph 26 (minimum weight of a sample), in the table, for the entry for ‘Sheep’s fescue, including Fine-leaved fescue, Hard fescue’, substitute—

“

Fine leaved sheep’s fescue1010030
Hard fescue1010030
Sheep’s fescue1010030

”

10Amendment of the Oil and Fibre Plant Seed (Scotland) Regulations 2004

The Oil and Fibre Plant Seed (Scotland) Regulations 2004f1 are amended in accordance with regulations 11 and 12.

11Substitution of Schedule 1 (species of seed to which the regulations apply)

For Schedule 1, substitute the Schedule set out in Schedule 5 to these Regulations.

12Amendment of Schedule 5 (sampling and weights)

In Schedule 5, in paragraph 24 (minimum weight of a sample), in the table, in column 2 of the entry for ‘Soya bean’, for “25” substitute “30”.

13Amendment of the Vegetable Seeds Regulations 1993

The Vegetable Seeds Regulations 1993f1 are amended in accordance with regulations 14 and 15.

14Amendment of Schedule 4 (requirements for basic seed, certified seed and standard seed)

In Schedule 4, in Part II (basic seed, certified seed and standard seed conditions relating to the seeds), after paragraph 2(b) (additional requirements), insert—

“(c)

In the case of varieties of Zea mays (Sweet corn – super-sweet types) the required minimum germination capacity is reduced to 80% of pure seed. The official label or the supplier’s label, where appropriate, shall be endorsed ‘minimum germination capacity 80%’.”.

15Amendment of Schedule 5 (sampling and weights)

In Schedule 5, in Part II (maximum weight of a seed lot and minimum weight of a submitted sample), in the table, in the column headed “Maximum lot weight (tonnes)”—

(a)

at the entries for “Broad bean”, “French bean” and “Pea” for “25” substitute “30”; and

(b)

at the entry for “Runner beans” for “20” substitute “30”.

Signature

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

3rd June 2010

Schedule 1SUBSTITUTION OF SCHEDULE 1 TO THE CEREAL SEED (SCOTLAND) REGULATIONS 2005

“SCHEDULE 1

SPECIES OF SEED TO WHICH THE REGULATIONS APPLY

Regulations 2(1) and 5(1)

Column 1

Column 2

Common Name

Latin Name

BarleyHordeum vulgare L.
Durum WheatTritucum durum Desf.
Maize, except for popcorn and sweet cornZea mays L. (partim) except for Zea mays convar. microsperma Koern. and Zea mays convar. saccharata Koern.
Oats and Red oatAvena sativa L. (includes A. byzantina K. Koch)
Small naked oat, Hulless oat.Avena nuda. L.
RyeSecale cereale L.
Spelt WheatTriticum spelta L.
TriticalexTriticosecale Wittm. ex A. Camus – hybrids resulting from the crossing of a species of the genus Triticum and a species of the genus Secale
WheatTriticum aestivum L.

”

Schedule 2AMENDMENT OF SCHEDULE 4 TO THE CEREAL SEED (SCOTLAND) REGULATIONS 2005

“

Avena nuda
-basic seed75759999411(a)0310(b)01(f)010
-certified seed75(c)n/a98n/a10n/a7n/a7n/a0(b)n/a3(f)n/a3n/a
-certified seed of the first generation75(c)75(c)989910271710(b)03(f)131
-certified seed of the second generation75(c)75(c)989910473720(b)03(f)131

”

Schedule 3SUBSTITUTION OF SCHEDULE 1 TO THE FODDER PLANT SEED (SCOTLAND) REGULATIONS 2005

“SCHEDULE 1

SPECIES OF SEED TO WHICH THE REGULATIONS APPLY

Regulations 2(1) and(2), 5(1), 8(2) and 12(1)

Column 1

Column 2

Common Name

Latin Name

*

denotes species to which Higher Voluntary Standards may be applied.

GrassesPoaceae (Gramineae)
Alaska brome-grassBromus sitchensis Trin.
Annual meadowgrassPoa annua L.
Brown topAgrostis capillaris L.
Cocksfootf1Dactylis glomerata L.
Creeping bentAgrostis stolonifera L.
FestuloliumxFestulolium Asch. & Graebn. – Hybrids resulting from crossing of a species of the genus Festuca with a species of the genus Lolium
Fine leaved sheep’s fescueFestuca filiformis Pourr.
Hard fescueFestuca trachyphylla (Hack.) Krajina
Sheep’s fescueFestuca ovina L.
Hybrid ryegrassLolium x boucheanum Kunth
Italian ryegrass (including Westerwolds ryegrass)Lolium multiflorum Lam.
Meadow fescueFestuca pratensis Huds.
Perennial ryegrassLolium perenne L.
Red fescue (including Chewings fescue)Festuca rubra L.
Red topAgrostis gigantea Roth
Rescue grassBromus catharticus Vahl.
Rough-stalked meadowgrassPoa trivialis L.
Small TimothyPhleum nodosum L.
Smooth-stalked meadowgrassPoa pratensis L.
Tall fescueFestuca arundinacea Schreber
Tall oatgrassArrhenatherum elatius (L.) P. Beauv. ex J. Presl & C. Presl
TimothyPhleum pratense L.
Velvet bentAgrostis canina L.
Wood meadowgrassPoa nemoralis L.
LegumesFabaceae (Leguminosae)
Alsike cloverTrifolium hybridum L.
Birdsfoot trefoilLotus corniculatus L.
Common vetchVicia sativa L.
Field beanVicia faba L. (partim)
Field peaPisum sativum L. (partim)
Hairy vetchVicia villosa Roth
Hungarian vetchVicia pannonica Crantz
LucerneMedicago sativa L.
Sand lucerneMedicago x varia T. Martyn
Narrow-leaved lupin (Blue lupin)Lupinus angustifolius L.
Red cloverTrifolium pratense L.
SainfoinOnobrychis viciifolia Scop.
Trefoil, Black medickMedicago lupulina L.
White cloverTrifolium repens L.
White lupinLupinus albus L.
Yellow lupinLupinus luteus L.
Others
Fodder kaleBrassica oleracea L. convar. acephala (DC.) Alef. var. medullosa Thell. + var. varidis L.
Fodder radishRaphanus sativus L. var. oleiformis Pers.
SwedeBrassica napus L. var. napobrassica (L.) Rchb.

”

Schedule 4AMENDMENT OF SCHEDULE 4 TO THE FODDER PLANT SEED (SCOTLAND) REGULATIONS 2005

“

Fine leaved sheep’s fescue3000(c)2550.350.5n/an/a20(a)1.0n/a
Hard fescue3000(c)2550.350.5n/an/a20(a)1.0n/a

”

Schedule 5SUBSTITUTION OF SCHEDULE 1 TO THE OIL AND FIBRE PLANT SEED (SCOTLAND) REGULATIONS 2004

“SCHEDULE 1

SPECIES OF SEED TO WHICH THE REGULATIONS APPLY

Regulations 2(1) and 5(1)

Column 1

Column 2

Common Name

Latin Name

(a)

See regulation 2(1) for the definitions of “dioecious hemp”, “hemp” and “monoecious hemp”.

(b)

See regulation 2(1) for the definition of “swede rape”.

Black mustardBrassica nigra (L.) W.D.J. Koch
Brown mustardBrassica juncea (L.) Czern.
Hempf1Cannabis sativa L.
FlaxLinum usitatissimum L.
LinseedLinum usitatissimum L.
Soya beanGlycine max (L.) Merr.
SunflowerHelianthus annus L.
Swede rapef2Brassica napus L. (partim)
Turnip rapeBrassica rapa L. var. silvestris (Lam.) Briggs
White mustardSinapis alba L.

”

Explanatory note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, implement Commission Directive 2009/74/EC of 26 June 2009 amending Council Directives 66/401/EEC, 66/402/EEC, 2002/55/EC and 2002/57/EC as regards the botanical names of plants, the scientific names of other organisms and certain Annexes to Directives 66/401/EEC, 66/402/EEC and 2002/57/EC in the light of developments of scientific and technical knowledge (O.J. L 166, 27.6.09, p.40).

These Regulations amend Schedule 1 to each of the Cereal Seed (Scotland) Regulations 2005 (S.S.I. 2005/328), the Fodder Plant Seed (Scotland) Regulations 2005 (S.S.I. 2005/329) and the Oil and Fibre Plant Seed (Scotland) Regulations 2004 (S.S.I. 2004/317) to reflect nomenclature changes to certain species (regulations 4, 7 and 11). Regulations 3, 5(a) to (c), 8 and 9 amend other references in S.S.I. 2005/328 and S.S.I. 2005/329 in consequence of these nomenclature changes.

These Regulations also amend the Cereal Seed (Scotland) Regulations 2005 and the Vegetable Seeds Regulations 1993 (S.S.I. 1993/2008) to reduce the minimum germination standard for naked barley and super-sweet corn (regulations 5(d) and 14).

These Regulations also amend Part II of Schedule 5 to the Oil and Fibre Plant Seed (Scotland) Regulations 2004 and the Vegetable Seeds Regulations 1993 by increasing the maximum weight of a seed lot for certain species to 30 tonnes (regulations 12 and 15). The maximum weight of a seed lot remains subject to a margin by which it may be exceeded by virtue of paragraph 23 of Schedule 5 to the Oil and Fibre Plant Seed (Scotland) Regulations 2004 and Part II of Schedule 5 to the Vegetable Seeds Regulations 1993.

No Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.