The Cereal Seed (Scotland) Regulations 2005
S.S.I. 2005/328 · Made 8 June 2005 · Extends to Scotland
SEEDS
Made 8th June 2005
Laid before the Scottish Parliament 9th June 2005
Coming into force 1st July 2005
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
- Part I: GENERAL
- 1Citation, commencement and extent
- 2Interpretation
- 3Definitions of seed categories
- 4Definition of marketing
- 5Seed to which the Regulations apply
- Part II: MARKETING
- 6Marketing of seed
- 6AImportation from a country granted equivalence
- 7Marketing of seed of a Higher Voluntary Standard
- 8Mixtures
- 9Exception for scientific purposes or selection work
- 9AException for test and trial seed
- 9BException for Conservation Varieties
- 10General exemptions
- 11Marketing of officially certified lower germination seed
- 12Marketing of early movement seed
- 13Requirement for homogeneity
- 13ACertification and labelling for export
- Part III: PROCEDURES FOR ISSUING OFFICIAL CERTIFICATES
- 14Applications for official certificates
- 15Sampling
- Part IV: PACKAGING AND LABELLING REQUIREMENTS FOR FULLY CERTIFIED SEED
- 16Sealing of packages of fully certified seed
- 17Labelling of packages of fully certified seed
- 18Marketing of unpacketed seed
- 19Marketing of Excepted Seed Marketed in Bulk
- Part V: PROCEDURES FOR ISSUING BREEDER'S CONFIRMATIONS
- 20Breeder’s confirmations
- Part VI: PACKAGING AND LABELLING REQUIREMENTS RELATING TO BREEDER'S CONFIRMATION
- 21Sealing of packages of seed in relation to breeder’s confirmation
- 22Labelling of packages of seed in relation to breeder’s confirmation
- Part VII: MISCELLANEOUS
- 23Comparative tests and trials Repealed
- 24Civil liabilities of sellers of seed
- 25Service of notices
- 26Written and electronic communication
- 26ACertification in a Crown Dependency or a country granted equivalence
- 26BTransitional provision for official labels on IP completion day
- 27Amendment to the Seeds (Fees) (Scotland) Regulations 2002 Repealed
- 28Revocations and supplementary provisions
- Signature
- Schedule 1SPECIES OF SEED TO WHICH THE REGULATIONS APPLY
- Schedule 2: OFFICIAL CERTIFICATES AND BREEDER'S CONFIRMATIONS
- Part I: OFFICIAL CERTIFICATES
- 1Applications for seed harvested in the United Kingdom
- 2When applications will be refused
- 3When applications may be refused
- 4Applications for seed harvested outside the United Kingdom
- Part II: BREEDER'S CONFIRMATIONS
- 5Applications
- 6When applications will be refused
- 7When applications may be refused
- Schedule 3: PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE OR A BREEDER'S CONFIRMATION
- 1Particulars to be specified in an official certificate
- 2Particulars to be specified in a breeder’s confirmation
- Schedule 4: REQUIREMENTS FOR PRE BASIC SEED, BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION AND CERTIFIED SEED OF THE SECOND GENERATION
- Part I: CONDITIONS RELATING TO CROPS FROM WHICH SEED IS OBTAINED
- 1Methods of ascertaining whether crop requirements are met
- 2Varietal identity and varietal purity
- 3Crop inspection
- 4Pests in the crop
- 5Previous cropping
- 6Isolation distances – general
- 7Isolation distances — minimum distances
- 8Standards for varietal purity
- 9Standards for wild oats contamination
- 10Standards for other cereal species
- 11Crop standards for loose smut infection
- 12Crop conditions for Pre basic Seed
- Part II: CONDITIONS RELATING TO BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION AND CERTIFIED SEED OF THE SECOND GENERATION
- 13Standards for varietal purity
- 14Production of Certified Seed of hybrids of maize
- 15Standards for varietal purity for hybrid varieties of rye and cytoplasmic male sterility hybrid varieties of barley, durum wheat, spelt wheat and wheat
- 16Standards of germination, analytical purity and content of seed of other plant species
- 17Pests in the seed
- 18Standards for loose smut infection
- 19Moisture content
- 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 AND CERTIFIED SEED OF THE SECOND GENERATION
- 20Methods for official examinations
- Schedule 4A: STANDARDS FOR CERTIFICATION OF CONSERVATION VARIETIES
- Part I: OFFICIAL CERTIFICATES
- 1Applications for seed harvested in the United Kingdom
- 2When applications will be refused
- 3When applications may be refused
- IIPARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE
- Part III: CONDITIONS RELATING TO CROPS FROM WHICH SEED IS OBTAINED
- 1Varietal identity and varietal purity
- 2Harmful organisms in the seed
- 3Standards for loose smut infection
- Part IV: CONDITIONS RELATING TO SEED OF A CONSERVATION VARIETY
- 1Standards of germination, analytical purity and content of seed of other plant species
- 2Harmful organisms in the seed
- 3Standards for loose smut infection
- 4Moisture content
- 5Varietal purity
- VEXAMINATIONS
- Schedule 5
- Part I: SAMPLING OF SEED LOTS
- 1Definitions
- 2Obtaining a submitted sample
- 3Primary sample size
- 4Condition of the seed lot
- 5Seed lot containers
- 6Sampling from sacks – minimum number of containers to be sampled
- 7Sampling from sacks or similar containers
- 8Sampling from small containers – general
- 9Sampling from small containers – moisture proof containers
- 10Sampling from small containers – primary samples
- 11Sampling from large containers
- 12Sampling of seed lots intended to be Excepted Seed Marketed in Bulk
- 13Sampling from a seed stream
- 14Sampling instruments – general
- 15Sampling instruments – instruments and methods
- 16Sampling instruments – power to allow other instruments and methods
- 17Sampling instruments – instruments for drawing primary samples
- 18Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – general
- 19Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – specific
- 20Obtaining a sample for moisture tests
- 21Obtaining a submitted sample – composite sample division instruments
- 22Method of use of riffle divider
- 23Method of use of a centrifugal divider
- Part II: MAXIMUM WEIGHT OF A SEED LOT AND MINIMUM WEIGHT OF A SUBMITTED SAMPLE
- 24Maximum weight of a seed lot
- 25Margin by which seed lots can exceed maximum weight
- 26Maximum weight of a seed lot and minimum weight of a sample
- Schedule 6
- Part I: GENERAL
- 1Method of referring to species of seed
- 2Method of referring to varieties of seed
- Part II: LABELS
- 3Label for a package of Breeder’s Seed
- 4Official label for a package of Pre-basic Seed
- 5Official label for a package of Basic Seed or Seed of a Certified Generation
- 6Official label for a package of a mixture of seeds to which regulation 8 applies
- 6AOfficial label for a package of test and trial seed
- 6BOfficial label for a package of seed of a Conservation Variety
- Part III: SMALL PACKAGES
- 7Label for a small package of Pre basic Seed, Basic Seed or Seed of a Certified Generation
- 8Label for a small package of a mixture of seeds to which regulation 8 applies
- Part IV: PARTICULARS TO BE MARKED OR DISPLAYED ON THE SALE OF UNPACKETED SEED
- 9Particulars to be marked or displayed on the sale of unpacketed seed which is not a mixture of seeds to which regulation 8 applies
- 10Particulars to be marked or displayed on the sale of unpacketed seed which is a mixture to which regulation 8 applies
- Part V: INFORMATION IN RESPECT OF SEED IMPORTED FROM COUNTRIES OUTSIDE THE UNITED KINGDOM IN PACKAGES EXCEEDING 2 KILOGRAMS NET WEIGHT
- 11Information to be supplied in respect of seed imported from a country outside the United Kingdom in a package exceeding 2 kilograms net weight
- Part VI: PRINTING OF SPECIFIED MATTERS ON PACKAGES (WHOLE BAG LABELLING)
- 12Packages sealed in Scotland – printers' returns
- 13Packages sealed in Scotland – individual serial numbers
- 14Packages sealed in Scotland – printing or stamping
- 15Packages sealed in Scotland – particulars to be included in the printing or stamp
- 16Seed packages sealed in the United Kingdom but not in Scotland, or outside the United Kingdom
- Schedule 7: LIMITS OF VARIATION
- GERMINATION
- ANALYTICAL PURITY
- NUMBER OF SEEDS OF OTHER SPECIES
- Schedule 8REVOCATIONS
- Schedule 9DEFINITION OF CEREAL SEED DIRECTIVE
- Explanatory note