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The Oil and Fibre Plant Seed (Scotland) Regulations 2004

S.S.I. 2004/317 · Made 1 July 2004 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

SEEDS

Made 1st July 2004

Laid before the Scottish Parliament 2nd July 2004

Coming into force 26th September 2004

The Scottish Ministers, in exercise of the powers conferred by sections 16(1), (1A), (2), (3), (4) and (5) and 36 of the Plant Varieties and Seeds Act 1964f1 and of all other powers enabling them in that behalf, after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to them to be concerned, hereby make the following Regulations:

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 I: GENERAL
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Definitions of seed categories
  5. 4Definition of marketing
  6. 5Seed to which the Regulations apply
  7. Part II: MARKETING
  8. 6Marketing of seed
  9. 6AImportation from a country granted equivalence
  10. 7Mixtures
  11. 8Exception for scientific purposes or selection work
  12. 8AException for test and trial seed
  13. 8BException for conservation varieties
  14. 9Varietal associations
  15. 10General exemptions
  16. 11Marketing of officially certified lower germination seed
  17. 12Marketing of early movement seed
  18. 13Requirement for homogeneity
  19. 13ACertification and labelling for export
  20. Part III: PROCEDURES FOR ISSUING OFFICIAL CERTIFICATES
  21. 14Applications for official certificates
  22. 15Sampling
  23. Part IV: PACKAGING AND LABELLING REQUIREMENTS FOR FULLY CERTIFIED SEED
  24. 16Sealing of packages of fully certified seed
  25. 17Labelling of packages of fully certified seed
  26. 18Marketing of unpacketed seed
  27. Part V: PROCEDURES FOR ISSUING BREEDER'S CONFIRMATIONS
  28. 19Breeder’s confirmations
  29. Part VI: PACKAGING AND LABELLING REQUIREMENTS RELATING TO BREEDER'S CONFIRMATION
  30. 20Sealing of packages of seed in relation to breeder’s confirmation
  31. 21Labelling of packages of seed in relation to breeder’s confirmation
  32. Part VII: MISCELLANEOUS
  33. 22Comparative tests and trials Repealed
  34. 23Civil liabilities of sellers of seed
  35. 24Service of notices
  36. 25Written and electronic communication
  37. 25ACertification in a Crown Dependency or a country granted equivalence
  38. 25BTransitional provision for official labels on IP completion day
  39. 26Amendment to the Seeds (Fees) (Scotland) Regulations 2002 Repealed
  40. 27Revocations and transitional provisions
  41. Signature
  42. Schedule 1SPECIES OF SEED TO WHICH THE REGULATIONS APPLY
  43. Schedule 2: OFFICIAL CERTIFICATES AND BREEDER'S CONFIRMATIONS
  44. Part I: OFFICIAL CERTIFICATES
  45. 1Applications for seed harvested in the United Kingdom
  46. 2When applications will be refused
  47. 3When applications may be refused
  48. 4Applications for seed harvested outside the United Kingdom
  49. Part II: BREEDER'S CONFIRMATIONS
  50. 1Applications
  51. 2When applications will be refused
  52. 3When applications may be refused
  53. Schedule 3: PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE OR A BREEDER'S CONFIRMATION
  54. 1Particulars to be specified in an official certificate
  55. 2Particulars to be specified in a breeder’s confirmation
  56. Schedule 4: REQUIREMENTS FOR BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION, CERTIFIED SEED OF THE SECOND GENERATION, CERTIFIED SEED OF THE THIRD GENERATION AND COMMERCIAL SEED
  57. Part I: CONDITIONS RELATING TO CROPS FROM WHICH SEED OTHER THAN COMMERCIAL SEED IS OBTAINED
  58. 1Methods of crop testing
  59. 2Varietal identity and varietal purity
  60. 3Crop inspection
  61. 4Pests in the crop
  62. 5Previous cropping
  63. 6Isolation distances – general
  64. 7Isolation distances – minimum distance
  65. 8Standards for varietal purity
  66. 9Crop conditions for Pre basic Seed
  67. Part II: CONDITIONS RELATING TO BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION, CERTIFIED SEED OF THE SECOND GENERATION, CERTIFIED SEED OF THE THIRD GENERATION AND COMMERCIAL SEED
  68. 10Standards for varietal purity
  69. 11Standards for varietal purity for hybrid varieties of swede rape
  70. 12Parental ratio in production of Certified Seed of hybrids of sunflower
  71. 13Further standards and conditions of varietal purity
  72. 14Further provisions relating to varietal purity
  73. 15Pests in the seed
  74. Part III: OFFICIAL EXAMINATIONS USED TO ASCERTAIN WHETHER A CROP OR SEED LOT MEETS THE CONDITIONS RELATING TO BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION, CERTIFIED SEED OF THE SECOND GENERATION, CERTIFIED SEED OF THE THIRD GENERATION AND COMMERCIAL SEED
  75. 16Methods for official examinations
  76. Schedule 4A: STANDARDS FOR CERTIFICATION OF CONSERVATION VARIETIES
  77. Part I: OFFICIAL CERTIFICATES
  78. 1Applications for seed harvested in the United Kingdom
  79. 2When applications will be refused
  80. 3When applications may be refused
  81. IIPARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE
  82. Part III: CONDITIONS RELATING TO CROPS FROM WHICH SEED IS OBTAINED
  83. 1Varietal identity and varietal purity
  84. 2Harmful organisms in the crop
  85. Part IV: CONDITIONS RELATING TO SEED OF A CONSERVATION VARIETY
  86. 1Standards of germination, analytical purity and content of seed of other plant species
  87. 2Harmful organisms in the seed
  88. 3Varietal purity
  89. VEXAMINATIONS
  90. Schedule 5
  91. Part I: SAMPLING OF SEED LOTS
  92. 1Definitions
  93. 2Obtaining a submitted sample
  94. 3Primary sample size
  95. 4Condition of the seed lot
  96. 5Seed lot containers
  97. 6Sampling from sacks – minimum number of containers to be sampled
  98. 7Sampling from sacks or similar containers
  99. 8Sampling from small containers – general
  100. 9Sampling from small containers – moisture proof containers
  101. 10Sampling from small containers – primary samples
  102. 11Sampling from large containers
  103. 12Sampling from a seed stream
  104. 13Sampling instruments – general
  105. 14Sampling instruments – instruments and methods
  106. 15Sampling instruments – power to allow other instruments and methods
  107. 16Sampling instruments – instruments for drawing primary samples
  108. 17Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – general
  109. 18Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – specific
  110. 19Obtaining a submitted sample – composite sample division instruments
  111. 20Method of use of riffle divider
  112. 21Methods of use of a centrifugal divider
  113. Part II: MAXIMUM WEIGHT OF A SEED LOT AND MINIMUM WEIGHT OF A SUBMITTED SAMPLE
  114. 22Maximum weight of a seed lot
  115. 23Margin by which seed lots can exceed maximum weight
  116. 24Minimum weight of a sample
  117. Schedule 6
  118. Part I: GENERAL
  119. 1Method of referring to species of seed
  120. 2Method of referring to varieties of seed
  121. Part II: LABELS
  122. 3Label for a package of Breeder’s Seed
  123. 4Official label for a package of Pre-basic Seed
  124. 5Official label for a package of Basic Seed or Seed of a Certified Generation
  125. 6Official label for a package of Commercial Seed
  126. 6AOfficial label for a package of test and trial seed
  127. 6BOfficial label for a package of seed of a Conservation Variety
  128. 7Official label for a package of a varietal association of seed
  129. Part III: SMALL PACKAGES
  130. 8Label for a small package of Pre basic Seed, Basic Seed, Seed of a Certified Generation or Commercial Seed
  131. Part IV: PARTICULARS TO BE MARKED OR DISPLAYED ON THE SALE OF UNPACKETED SEED
  132. 9Particulars to be marked or displayed on the sale of unpacketed seed
  133. Part V: INFORMATION IN RESPECT OF SEED IMPORTED FROM COUNTRIES OUTSIDE THE UNITED KINGDOM IN PACKAGES EXCEEDING 2 KILOGRAMS NET WEIGHT
  134. 10Information to be supplied in respect of seed imported from a country outside the United Kingdom in a package exceeding 2 kilograms net weight
  135. Part VI: PRINTING OF SPECIFIED MATTERS ON PACKAGES (WHOLE BAG LABELLING)
  136. 11Packages sealed in Scotland – printers' returns
  137. 12Packages sealed in Scotland – individual serial numbers
  138. 13Packages sealed in Scotland – printing or stamping
  139. 14Packages sealed in Scotland – particulars to be included in the printing or stamp
  140. 15Packages sealed in Scotland – lower germination seed
  141. 16Packages sealed in Scotland – record keeping for lower germination seed
  142. 17Seed packages sealed in the United Kingdom but not in Scotland, or outside the United Kingdom
  143. Schedule 7: LIMITS OF VARIATION
  144. GERMINATION
  145. ANALYTICAL PURITY
  146. CONTENT OF SEEDS OF OTHER SPECIES
  147. NUMBER OF SEEDS OF OTHER SPECIES
  148. Schedule 8REVOCATIONS
  149. Explanatory note