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The Fodder Plant Seed (Scotland) Regulations 2005

S.S.I. 2005/329 · Made 8 June 2005 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2024.

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. 8APreservation mixtures
  13. 9Exception for scientific purposes or selection work
  14. 9AException for test and trial seed
  15. 9BException for conservation varieties
  16. 10General exemptions
  17. 11Marketing of officially certified lower germination seed
  18. 12Marketing of early movement seed
  19. 13Requirement for homogeneity
  20. 13ACertification and labelling for export
  21. Part III: PROCEDURES FOR ISSUING OFFICIAL CERTIFICATES
  22. 14Applications for official certificates
  23. 15Sampling
  24. Part IV: PACKAGING AND LABELLING REQUIREMENTS FOR FULLY CERTIFIED SEED
  25. 16Sealing of packages of fully certified seed
  26. 17Labelling of packages of fully certified seed
  27. 18Marketing of unpacketed seed
  28. 19Marketing of Excepted Seed Marketed in Bulk
  29. Part V: PROCEDURES FOR ISSUING BREEDER'S CONFIRMATIONS
  30. 20Breeder’s confirmations
  31. Part VI: PACKAGING AND LABELLING REQUIREMENTS RELATING TO BREEDER'S CONFIRMATION
  32. 21Sealing of packages of seed in relation to breeder’s confirmation
  33. 22Labelling of packages of seed in relation to breeder’s confirmation
  34. Part VII: MISCELLANEOUS
  35. 23Comparative tests and trials Repealed
  36. 24Civil liabilities of sellers of seed
  37. 25Service of notices
  38. 26Written and electronic communication
  39. 26ACertification in a Crown Dependency or a country granted equivalence
  40. 26BTransitional provision for official or producer's labels on IP completion day
  41. 27Amendment to the Seeds (Fees) (Scotland) Regulations 2002 Repealed
  42. 28Revocations and supplementary provisions
  43. Signature
  44. Schedule 1SPECIES OF SEED TO WHICH THE REGULATIONS APPLY
  45. Schedule 2: OFFICIAL CERTIFICATES AND BREEDER'S CONFIRMATIONS
  46. Part I: OFFICIAL CERTIFICATES
  47. 1Applications for seed harvested in the United Kingdom
  48. 2When applications will be refused
  49. 3When applications may be refused
  50. 4Applications for seed harvested outside the United Kingdom
  51. Part II: BREEDER'S CONFIRMATIONS
  52. 5Applications
  53. 6When applications will be refused
  54. 7When applications may be refused
  55. Schedule 3: PARTICULARS TO BE SPECIFIED IN AN OFFICIAL CERTIFICATE, A BREEDER’S CONFIRMATION OR AN AUTHORISATION TO MARKET A PRESERVATION MIXTURE
  56. 1Particulars to be specified in an official certificate
  57. 2Particulars to be specified in a breeder’s confirmation
  58. 3Particulars to be specified in an authorisation to market a preservation mixture
  59. 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
  60. Part I: CONDITIONS RELATING TO CROPS FROM WHICH SEED OTHER THAN COMMERCIAL SEED IS OBTAINED
  61. 1Methods of ascertaining whether crop requirements are met
  62. 2Varietal identity and varietal purity
  63. 3Crop inspection
  64. 4Pests in the crop
  65. 5Previous cropping
  66. 6Limitations on number of harvest years
  67. 7Isolation distances – general
  68. 8Isolation distances – minimum distances
  69. 9Standards for varietal purity
  70. 10Crop conditions for Pre basic Seed
  71. Part II: CONDITIONS RELATING TO BASIC SEED, CERTIFIED SEED, CERTIFIED SEED OF THE FIRST GENERATION, CERTIFIED SEED OF THE SECOND GENERATION AND COMMERCIAL SEED
  72. 11Standards for varietal purity
  73. 12Pests in the seed
  74. 13Standards for germination, analytical purity and content of seed of other plant species
  75. 14Standards regarding content of seeds of other plant species
  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 4B: Requirements for preservation mixtures
  91. Part I: Conditions for directly harvested preservation mixtures
  92. 1Paragraph 1
  93. 2Paragraph 2
  94. 3Paragraph 3
  95. 4Paragraph 4
  96. 5Paragraph 5
  97. Part II: Conditions for crop-grown preservation mixtures
  98. 1Paragraph 1
  99. 2Paragraph 2
  100. Part III: Examinations
  101. 1Paragraph 1
  102. Schedule 5
  103. Part I: SAMPLING OF SEED LOTS
  104. 1Definitions
  105. 2Obtaining a submitted sample
  106. 3Primary sample size
  107. 4Condition of the seed lot
  108. 5Seed lot containers
  109. 6Sampling from sacks – minimum number of containers to be sampled
  110. 7Sampling from sacks or similar containers
  111. 8Sampling from small containers – general
  112. 9Sampling from small containers – moisture-proof containers
  113. 10Sampling from small containers – primary samples
  114. 11Sampling from large containers
  115. 12Sampling of seed lots intended to be Excepted Seed Marketed in Bulk
  116. 13Sampling from a seed stream
  117. 14Sampling instruments – general
  118. 15Sampling instruments – instruments and methods
  119. 16Sampling instruments – power to allow other instruments and methods
  120. 17Sampling instruments – instruments for drawing primary samples
  121. 18Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers – general
  122. 19Methods of use of dynamic spear samplers, stick samplers, cargo samplers and seed stream samplers
  123. 20Obtaining a submitted sample – composite sample division instruments
  124. 21Method of use of riffle divider
  125. 22Method of use of a centrifugal divider
  126. Part II: MAXIMUM WEIGHT OF A SEED LOT AND MINIMUM WEIGHT OF A SUBMITTED SAMPLE
  127. 23Maximum weight of a seed lot
  128. 23AIncrease to maximum weight of a seed lot of grasses
  129. 24Margin by which seed lots can exceed maximum weight
  130. 25Maximum weight of a seed lot of mixtures
  131. 26Minimum weight of a sample
  132. Schedule 6
  133. Part I: GENERAL
  134. 1Method of referring to species of seed
  135. 2Method of referring to varieties of seed
  136. Part II: LABELS
  137. 3Label for a package of Breeder’s Seed
  138. 4Official label for a package of Pre-basic Seed
  139. 5Official label for a package of Basic Seed or Seed of a Certified Generation
  140. 6Official label for a package of Commercial Seed
  141. 6AOfficial label for a package of test and trial seed
  142. 6BOfficial label for a package of seed of a Conservation Variety
  143. 7Official label for a package of a mixture of seeds to which regulation 8 applies
  144. 8Further particulars to be given in respect of a mixture of seeds – other than a mixture in a small package of seeds not intended for use for agricultural purposes where said mixtures contain Festulolium
  145. 8AProducer’s label for a package of seed of a preservation mixture
  146. Part III: LABELS FOR SMALL ... A OR SMALL ... B PACKAGES
  147. 9Label for a small ... B package of Basic Seed, Seed of a Certified Generation or Commercial Seed
  148. 10Label for a small ... A or small ... B package of Mixtures
  149. Part IV: PARTICULARS TO BE MARKED OR DISPLAYED ON THE SALE OF UNPACKETED SEED
  150. 11Particulars to be marked or displayed on the sale of unpacketed seed
  151. Part V: INFORMATION IN RESPECT OF SEED IMPORTED FROM COUNTRIES OUTSIDE THE UNITED KINGDOM IN PACKAGES EXCEEDING 2 KILOGRAMS NET WEIGHT
  152. 12Information to be supplied in respect of seed imported from outside the United Kingdom in a package exceeding 2 kilograms net weight
  153. Part VI: PRINTING OF SPECIFIED MATTERS ON PACKAGES (WHOLE BAG LABELLING)
  154. 13Packages sealed in Scotland – printers' returns
  155. 14Packages sealed in Scotland – individual serial numbers
  156. 15Packages sealed in Scotland – printing or stamping
  157. 16Packages sealed in Scotland – particulars to be included in the printing or stamp
  158. 17Seed packages sealed in the United Kingdom but not in Scotland, or outside the United Kingdom
  159. Schedule 7: LIMITS OF VARIATION
  160. GERMINATION
  161. ANALYTICAL PURITY – (a) grasses
  162. ANALYTICAL PURITY – (b) legumes and crucifers
  163. CONTENT OF SEEDS OF OTHER SPECIES IN GRASSES
  164. CONTENT OF SEEDS OF OTHER SPECIES OR VARIETIES IN LEGUMES AND CRUCIFERS
  165. NUMBER OF SEEDS OF OTHER SPECIES
  166. Schedule 8REVOCATIONS
  167. Schedule 9DEFINITION OF THE FODDER PLANT SEED DIRECTIVE Repealed
  168. Explanatory note