OpenLegislation

The Vegetable Seeds Amendment (Scotland) Regulations 2007

S.S.I. 2007/305 · Made 5 June 2007

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 5th June 2007

Laid before the Scottish Parliament 7th June 2007

Coming into force 1st July 2007

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1), (1A), (2) and (3) and 36 of the Plant Varieties and Seeds Act 1964f1 and of 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. 1Citation, commencement and extent
  2. 2Amendments to the Vegetable Seeds Regulations 1993
  3. 3Amendment to regulation 3
  4. 4Amendment to regulation 9
  5. 5Amendment to regulation 9A
  6. 6Amendment to Schedule 1
  7. 7Amendment to Schedule 4
  8. 8Amendment to Schedule 5
  9. 9Amendment to Schedule 6
  10. Signature
  11. Schedule Schedule
  12. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Vegetable Seeds Amendment (Scotland) Regulations 2007 and come into force on 1st July 2007.

(2)

These Regulations extend to Scotland only.

2Amendments to the Vegetable Seeds Regulations 1993

The Vegetable Seeds Regulations 1993f1 are amended by regulations 3 to 9.

3Amendment to regulation 3

In regulation 3 (interpretation), in the definition of “small package” for “or broad bean” substitute “, broad bean, sweet corn or popcorn”.

4Amendment to regulation 9

After regulation 9(12) (labelling of packages) insert–

“(12A)

Where the kind or variety of seed is indicated on a label or marking it must be in Roman characters and the kind of seed may be designated by common name only or by common name and Latin name.”.

5Amendment to regulation 9A

After regulation 9A(8) (labelling of packages – breeder’s confirmation) insert–

“(8A)

Where the kind or variety of seed is indicated on a label or marking it must be in Roman characters and the kind of seed may be designated by common name only or by common name and Latin name.”.

6Amendment to Schedule 1

For Schedule 1 (kinds of seeds to which the Regulations apply) substitute Schedule 1 as set out in the Schedule to these Regulations.

7Amendment to Schedule 4

In Schedule 4, Part II, paragraph 2(a) (minimum standards for seeds), in the appropriate alphabetical place in the table insert the following entries–

KindMinimum analytical purity (% by weight)Maximum content of seeds of other plant species (% by weight)Minimum germination (% of pure seeds or pellets)
Sweet corn or popcorn980.185

8Amendment to Schedule 5

In Schedule 5–

(a)

in Part I, paragraph 11(a) (dynamic spear sampler), for the table substitute–

“

Dimensions (mm)

PointShoulderBossAperture LengthAperture WidthBoreOutside Diameter
(a)(b)(c)(d)(e)(f)(g)
For sampling–
all kinds other than asparagus, beans, beet, cucumber, gherkin, marrow, melon, peas, popcorn, spinach, sweet corn42782081012
all kinds other than beans, marrow, peas, popcorn, sweet corn85121033111315
all kinds other than peas and broad beans82121340151719
peas and broad beans78151540182022

”; and

(b)

in Part II (maximum weight of a seed lot and minimum weight of a submitted sample), in the appropriate alphabetical place in the table insert the following entries–

KindMaximum lot weight (tonnes)Minimum submitted sample weight (g)
Sweet corn or popcorn201,000

9Amendment to Schedule 6

In Schedule 6 for the Schedule heading substitute “LABELS AND MARKING”.

Signature

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

5th June 2007

“SCHEDULE 1

KINDS OF SEED TO WHICH THESE REGULATIONS APPLY

Regulation 4(1)

Latin NameCommon Name
Allium cepa L. (Cepa group)

Onion

Echalion

Allium porrum L.Leek
Apium graveolens L.

Celery

Celeriac

Asparagus officinalis L.Asparagus
Beta vulgaris L.

Beetroot including Cheltenham beet

Spinach beet or Chard

Brassica oleracea L.

Curly kale

Cauliflower

Sprouting broccoli or Calabrese

Brussels sprouts

Savoy cabbage

White cabbage

Red cabbage

Kohlrabi

Brassica rapa L.

Chinese cabbage

Turnip

Cichorium endivia L.

Curled-leaved endive

Plain-leaved endive

Cichorium intybus L.

Witloof chicory

Large-leaved chicory or Italian chicory

Industrial chicory

Cucumis melo L.Melon
Cucumis sativus L.

Cucumber

Gherkin

Cucurbita maxima DuchesneGourd
Cucurbita pepo L.Marrow or Courgette
Daucus carota L.

Carrot

Fodder carrot

Lactuca sativa L.Lettuce
Lycopersicon esculentum MillTomato
Petroselinum crispum (Mill.) Nyman ex A. W. HillParsley
Phaseolus coccineus L.Runner bean
Phaseolus vulgaris L.

Dwarf French bean

Climbing French bean

Pisum sativum L. (partim)

Wrinkled pea

Round pea

Sugar pea

Raphanus sativus L.

Radish

Black radish

Spinacia oleracea L.Spinach
Vicia faba L. (partim)Broad bean
Zea mays L. (partim)

Sweet corn

Popcorn

”.

Explanatory note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, come into force on 1st July 2007. They amend the Vegetable Seeds Regulations 1993 (“the principal Regulations”) in order to update the list of genera and species of plants to which those Regulations apply (regulation 6 and the Schedule). This implements Articles 2 and 3 of Commission Directive 2006/124/EC (O.J. No. L 339, 6.12.2006, p.12), which amended the list of species in Council Directive 2002/55/EC (O.J. No. L 193, 20.7.2002, p.33) on the marketing of vegetable seed. The main change is to extend the principal Regulations to Zea Mays L. (sweet corn and popcorn). Additionally, certain botanical names in Schedule 1 to the principal Regulations are changed.

The definition of “small package” in regulation 3 of the principal Regulations is amended as a result of the inclusion of sweet corn and popcorn and other such consequential amendments are made to Schedules 4 and 5 (regulations 3, 7 and 8).

Amendments are made to regulations 9 and 9A of, and Schedule 6 to, the principal Regulations to provide that on labelling and markings the kind of seed must be shown by common name (regulations 4, 5 and 9). The Latin name, in addition, is optional.

No Regulatory Impact Assessment has been prepared in respect of these Regulations as they have no impact on costs to business.