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The Cereal Seed (Scotland) Regulations 2005

S.S.I. 2005/328 · Made 8 June 2005 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 6 October 2023.

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

  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. 7Marketing of seed of a Higher Voluntary Standard
  11. 8Mixtures
  12. 9Exception for scientific purposes or selection work
  13. 9AException for test and trial seed
  14. 9BException for Conservation Varieties
  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. 19Marketing of Excepted Seed Marketed in Bulk
  28. Part V: PROCEDURES FOR ISSUING BREEDER'S CONFIRMATIONS
  29. 20Breeder’s confirmations
  30. Part VI: PACKAGING AND LABELLING REQUIREMENTS RELATING TO BREEDER'S CONFIRMATION
  31. 21Sealing of packages of seed in relation to breeder’s confirmation
  32. 22Labelling of packages of seed in relation to breeder’s confirmation
  33. Part VII: MISCELLANEOUS
  34. 23Comparative tests and trials Repealed
  35. 24Civil liabilities of sellers of seed
  36. 25Service of notices
  37. 26Written and electronic communication
  38. 26ACertification in a Crown Dependency or a country granted equivalence
  39. 26BTransitional provision for official labels on IP completion day
  40. 27Amendment to the Seeds (Fees) (Scotland) Regulations 2002 Repealed
  41. 28Revocations and supplementary provisions
  42. Signature
  43. Schedule 1SPECIES OF SEED TO WHICH THE REGULATIONS APPLY
  44. Schedule 2: OFFICIAL CERTIFICATES AND BREEDER'S CONFIRMATIONS
  45. Part I: OFFICIAL CERTIFICATES
  46. 1Applications for seed harvested in the United Kingdom
  47. 2When applications will be refused
  48. 3When applications may be refused
  49. 4Applications for seed harvested outside the United Kingdom
  50. Part II: BREEDER'S CONFIRMATIONS
  51. 5Applications
  52. 6When applications will be refused
  53. 7When applications may be refused
  54. Schedule 3: PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE OR A BREEDER'S CONFIRMATION
  55. 1Particulars to be specified in an official certificate
  56. 2Particulars to be specified in a breeder’s confirmation
  57. Schedule 4: REQUIREMENTS FOR PRE BASIC SEED, BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION AND CERTIFIED SEED OF THE SECOND GENERATION
  58. Part I: CONDITIONS RELATING TO CROPS FROM WHICH SEED IS OBTAINED
  59. 1Methods of ascertaining whether crop requirements are met
  60. 2Varietal identity and varietal purity
  61. 3Crop inspection
  62. 4Pests in the crop
  63. 5Previous cropping
  64. 6Isolation distances – general
  65. 7Isolation distances — minimum distances
  66. 8Standards for varietal purity
  67. 9Standards for wild oats contamination
  68. 10Standards for other cereal species
  69. 11Crop standards for loose smut infection
  70. 12Crop conditions for Pre basic Seed
  71. Part II: CONDITIONS RELATING TO BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION AND CERTIFIED SEED OF THE SECOND GENERATION
  72. 13Standards for varietal purity
  73. 14Production of Certified Seed of hybrids of maize
  74. 15Standards for varietal purity for hybrid varieties of rye and cytoplasmic male sterility hybrid varieties of barley, durum wheat, spelt wheat and wheat
  75. 16Standards of germination, analytical purity and content of seed of other plant species
  76. 17Pests in the seed
  77. 18Standards for loose smut infection
  78. 19Moisture content
  79. 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
  80. 20Methods for official examinations
  81. Schedule 4A: STANDARDS FOR CERTIFICATION OF CONSERVATION VARIETIES
  82. Part I: OFFICIAL CERTIFICATES
  83. 1Applications for seed harvested in the United Kingdom
  84. 2When applications will be refused
  85. 3When applications may be refused
  86. IIPARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE
  87. Part III: CONDITIONS RELATING TO CROPS FROM WHICH SEED IS OBTAINED
  88. 1Varietal identity and varietal purity
  89. 2Harmful organisms in the seed
  90. 3Standards for loose smut infection
  91. Part IV: CONDITIONS RELATING TO SEED OF A CONSERVATION VARIETY
  92. 1Standards of germination, analytical purity and content of seed of other plant species
  93. 2Harmful organisms in the seed
  94. 3Standards for loose smut infection
  95. 4Moisture content
  96. 5Varietal purity
  97. VEXAMINATIONS
  98. Schedule 5
  99. Part I: SAMPLING OF SEED LOTS
  100. 1Definitions
  101. 2Obtaining a submitted sample
  102. 3Primary sample size
  103. 4Condition of the seed lot
  104. 5Seed lot containers
  105. 6Sampling from sacks – minimum number of containers to be sampled
  106. 7Sampling from sacks or similar containers
  107. 8Sampling from small containers – general
  108. 9Sampling from small containers – moisture proof containers
  109. 10Sampling from small containers – primary samples
  110. 11Sampling from large containers
  111. 12Sampling of seed lots intended to be Excepted Seed Marketed in Bulk
  112. 13Sampling from a seed stream
  113. 14Sampling instruments – general
  114. 15Sampling instruments – instruments and methods
  115. 16Sampling instruments – power to allow other instruments and methods
  116. 17Sampling instruments – instruments for drawing primary samples
  117. 18Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – general
  118. 19Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – specific
  119. 20Obtaining a sample for moisture tests
  120. 21Obtaining a submitted sample – composite sample division instruments
  121. 22Method of use of riffle divider
  122. 23Method of use of a centrifugal divider
  123. Part II: MAXIMUM WEIGHT OF A SEED LOT AND MINIMUM WEIGHT OF A SUBMITTED SAMPLE
  124. 24Maximum weight of a seed lot
  125. 25Margin by which seed lots can exceed maximum weight
  126. 26Maximum weight of a seed lot and minimum weight of a sample
  127. Schedule 6
  128. Part I: GENERAL
  129. 1Method of referring to species of seed
  130. 2Method of referring to varieties of seed
  131. Part II: LABELS
  132. 3Label for a package of Breeder’s Seed
  133. 4Official label for a package of Pre-basic Seed
  134. 5Official label for a package of Basic Seed or Seed of a Certified Generation
  135. 6Official label for a package of a mixture of seeds to which regulation 8 applies
  136. 6AOfficial label for a package of test and trial seed
  137. 6BOfficial label for a package of seed of a Conservation Variety
  138. Part III: SMALL PACKAGES
  139. 7Label for a small package of Pre basic Seed, Basic Seed or Seed of a Certified Generation
  140. 8Label for a small package of a mixture of seeds to which regulation 8 applies
  141. Part IV: PARTICULARS TO BE MARKED OR DISPLAYED ON THE SALE OF UNPACKETED SEED
  142. 9Particulars to be marked or displayed on the sale of unpacketed seed which is not a mixture of seeds to which regulation 8 applies
  143. 10Particulars to be marked or displayed on the sale of unpacketed seed which is a mixture to which regulation 8 applies
  144. Part V: INFORMATION IN RESPECT OF SEED IMPORTED FROM COUNTRIES OUTSIDE THE UNITED KINGDOM IN PACKAGES EXCEEDING 2 KILOGRAMS NET WEIGHT
  145. 11Information to be supplied in respect of seed imported from a country outside the United Kingdom in a package exceeding 2 kilograms net weight
  146. Part VI: PRINTING OF SPECIFIED MATTERS ON PACKAGES (WHOLE BAG LABELLING)
  147. 12Packages sealed in Scotland – printers' returns
  148. 13Packages sealed in Scotland – individual serial numbers
  149. 14Packages sealed in Scotland – printing or stamping
  150. 15Packages sealed in Scotland – particulars to be included in the printing or stamp
  151. 16Seed packages sealed in the United Kingdom but not in Scotland, or outside the United Kingdom
  152. Schedule 7: LIMITS OF VARIATION
  153. GERMINATION
  154. ANALYTICAL PURITY
  155. NUMBER OF SEEDS OF OTHER SPECIES
  156. Schedule 8REVOCATIONS
  157. Schedule 9DEFINITION OF CEREAL SEED DIRECTIVE
  158. Explanatory note