The Cereal Seed (Scotland) Regulations 2005

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 1964[^f00001] 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:

PART I — GENERAL

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Cereal Seed (Scotland) Regulations 2005, and shall come into force on 1st July 2005.

• (2) These Regulations extend to Scotland only.

Interpretation

2

• (1) In these Regulations–

• “the Act” means the Plant Varieties and Seeds Act 1964;

• “AFP number” means the official application for protection number issued by the Plant Variety Rights Office;

• ...

• “barley” means plants of the species specified in column 2 of Schedule 1 in relation to barley;

• “blended seed lot” means a seed lot obtained by mixing seed where–the seed that goes into the seed lot–is of the same variety;has come from different sources; andeither–is fully certified seed;is not fully certified seed, but is seed which has been harvested from seed crops for which official field inspection reports have been issued showing that the relevant crops met the conditions for the relevant category of seed specified in Part I of Schedule 4 ...; oris made up of seed which falls within sub paragraph (aa) and seed which falls within sub paragraph (bb); anda GB Authority or the NI Authority has been notified that the seed which goes into the seed lot is intended to be included in a blended seed lot;

• “breeder”–in relation to a variety which has not been accepted on to a GB Variety List, an NI Variety List or the equivalent list in a country granted equivalence, includes any person lawfully multiplying (on their own account) seed bred by another; andin relation to a variety which has been so accepted, means the person who is indicated in the relevant GB Variety List, NI Variety List or equivalent list in a country granted equivalence as responsible for maintaining the plant variety in accordance with the characteristics to which regard was had when the plant variety was accepted on to the relevant GB Variety List, NI Variety List or equivalent list in a country granted equivalence;

• “breeder’s confirmation” means a document issued by the Scottish Ministers in accordance with Part II of Schedule 2 containing in respect of the seed to which it relates the particulars specified in paragraph 2 of Schedule 3;

• “breeder’s designation” means the title, name or other designation proposed by a breeder for a new plant variety which is the subject of an application for acceptance on to a UK National List;

• “bulked seed lot” means a seed lot obtained by mixing seed where–the seed that goes into the seed lot is–of the same variety;has come from different sources; andhas been harvested from seed crops for which official field inspection reports have been issued showing that the relevant crops met the conditions for the relevant category of seed specified in Part I of Schedule 4 ...; anda GB Authority or the NI Authority has been notified that the seed which goes into the seed lot is intended to be included in a bulked seed lot;

• “the Cereal Seed Directive” has the same meaning as it has in Schedule 9;

• “the 2004 Commission Decision” means Commission Decision 2004/842/EC concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted , as amended by Commission Implementing Decision (EU) 2016/320;

• “Commission Directive 2008/62” means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed of those landraces and varieties;

• “Commission Regulation 217/2006” means Commission Regulation (EC) No. 217/2006 laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination;

• ...

• ...

• “component” means–in the case of Pre basic Seed, a component used in the production of a hybrid variety; andin the case of Basic Seed, a component of a hybrid variety;

• “Conservation Variety” means the landraces or varieties of agricultural plant species which are naturally adapted to local and regional conditions and threatened by genetic erosion and are contained within a GB Variety List or an NI Variety List and for these purposes–“landrace” means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their region; and“genetic erosion” means loss of genetic diversity between and within populations of varieties of the same species over time or reduction of the genetic basis of a species due to human intervention or environmental change;

• “constituent” means seed of a single species and, where appropriate, variety, which forms part of a mixture of seeds;

• “control plot” means a plot sown by a GB Authority or the NI Authority with seed from a submitted sample taken–by a GB Authority or the NI Authority;by a licensed seed sampler; orby an applicant of seed of a Conservation Variety;

• “country granted equivalence” means a country that has been—granted equivalence under the Equivalence Decision; orassessed by Scottish Ministers as producing the species of seed referred to in regulation 5 under conditions equivalent to those required by these Regulations;

• “Crown Dependency” means any of the Channel Islands or the Isle of Man;

• ...

• “the 2001 Deliberate Release Directive” means Directive 2001/18/EC of the European Parliament and of the Council[^f00006] on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC, as last amended by Regulation (EU) 2019/1381;

• “DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

• “durum wheat” means plants of the species specified in column 2 of Schedule 1 in relation to durum wheat;

• “early movement seed” means seed marketed under regulation 12;

• ...

• “Equivalence Decision” means Council Decision 2003/17/EC[^f00009] on the equivalence of field inspections carried out in third countries on seed producing crops and on the equivalence of seed produced in third countries, as last amended by Decision (EU) 2020/1544;

• “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;

• ...

• “Excepted Seed Marketed in Bulk” means Certified Seed (other than seed of maize), Certified Seed of the First Generation or Certified Seed of the Second Generation–which is marketed in bulk direct to the final consumer in a container that is closed after filling; andin respect of which a random sample has been taken in accordance with paragraph 12 of Schedule 5, by a person authorised in that behalf;

• “first buyer by way of trade” has the same meaning as for the purposes of the Cereal Seed Directive;

• “the Food and Feed Regulation” means Regulation (EC) No. 1829/2003 of the European Parliament and of the Council[^f00012] on genetically modified food and feed , as last amended by Regulation (EU) 2019/1381;

• “fully certified” means–officially certified; orcertified by a International Authority other than the Scottish Ministers,as satisfying the conditions specified for the relevant category of seed in regulation 3 and schedule 4;

• “genetically modified” has the same meaning as for the purposes of the 2001 Deliberate Release Directive;

• “the GMO Regulations” means—in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002;in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002;in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003;

• “GB Authority” means the Scottish Ministers, the Secretary of State or the National Assembly for Wales;

• “GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation;

• “GB Variety List” is a list of plant varieties prepared and published by the Secretary of State in accordance with the provisions of the Seeds (National Lists of Varieties) Regulations 2001;

• “Higher Voluntary Standards” means the standards specified in Schedule 4 as being HVS Standards and the abbreviation “HVS” shall be construed accordingly;

• “HVS level Basic Seed” means Basic Seed which is currently certified by the Scottish Ministers as–having been harvested from a crop that met the Higher Voluntary Standards for a crop to produce Basic Seed specified in Part I of Schedule 4; andhaving met the Higher Voluntary Standards for Basic Seed laid down in Part II of Schedule 4;

• “HVS level Certified Seed of the First Generation” means Certified Seed of the First Generation which is currently certified by the Scottish Ministers as–having been harvested from a crop that met the Higher Voluntary Standards for a crop to produce Certified Seed of the First Generation specified in Part I of Schedule 4; andhaving met the Higher Voluntary Standards for Certified Seed of the First Generation laid down in Part II of Schedule 4;

• “HVS level Certified Seed of the Second Generation” means Certified Seed of the Second Generation which is currently certified by the Scottish Ministers as–having been harvested from a crop that met the Higher Voluntary Standards for Certified Seed of the Second Generation specified in Part I of Schedule 4; andhaving met the Higher Voluntary Standards for Certified Seed of the Second Generation laid down in Part II of Schedule 4;

• “homogeneous seed lot” means a seed lot in which the seed has been so mixed or blended that it is as uniform as practicable and, as far as is practicable, the seed lot shows no evidence of heterogeneity;

• “International Authority” means a GB Authority, the NI Authority or the competent seed certification authority of a country other than the United Kingdom, and “by an International Authority” means–by or on behalf of a GB Authority;by or on behalf of the NI Authority; orby or on behalf of the competent seed certification authority of a country other than the United Kingdom;

• “licensed crop inspector” means a person who holds a current licence to be a crop inspector—granted by the Scottish Ministers or having effect as if it were a licence granted by the Scottish Ministers under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016; or granted under provisions equivalent to that regulation by—a GB Authority other than the Scottish Ministers; orthe NI Authority;

• ...

• “licensed seed sampler” means a person who holds a current licence to be a seed sampler—granted by the Scottish Ministers or having effect as if it were a licence granted by the Scottish Ministers under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016; or granted under provisions equivalent to that regulation by—a GB Authority other than the Scottish Ministers; orthe NI Authority;

• “licensed seed testing station” means an establishment which holds a current seed testing station licence—granted by the Scottish Ministers or having effect as if it were a licence granted by the Scottish Ministers under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016; or granted under provisions equivalent to that regulation by—a GB Authority other than the Scottish Ministers; orthe NI Authority;

• “lower germination seed” means seed marketed under regulation 11;

• “maize” means plants of the species specified in column 2 of Schedule 1 in relation to maize;

• “minimum level Basic Seed” means Basic Seed which is not currently certified by the Scottish Ministers as–having been harvested from a crop that met the Higher Voluntary Standards for a crop to produce Basic Seed specified in Part I of Schedule 4; andhaving met the Higher Voluntary Standards for Basic Seed laid down in Part II of Schedule 4;

• “minimum level Certified Seed of the First Generation” means Certified Seed of the First Generation which is not currently certified by the Scottish Ministers as–having been harvested from a crop that met the Higher Voluntary Standards for a crop to produce Certified Seed of the First Generation specified in Part I of Schedule 4; andhaving met the Higher Voluntary Standards for Certified Seed of the First Generation laid down in Part II of Schedule 4;

• “minimum level Certified Seed of the Second Generation” means Certified Seed of the Second Generation which is not currently certified by the Scottish Ministers as–having been harvested from a crop that met the Higher Voluntary Standards for Certified Seed of the Second Generation specified in Part I of Schedule 4; andhaving met the higher voluntary standards for Certified Seed of the Second Generation laid down in Part II of Schedule 4;

• ...

• “NI Authority” means DAERA;

• “NI Variety List” means a list of plant varieties prepared and published by DAERA in accordance with legislation having equivalent effect in Northern Ireland to the Seeds (National Lists of Varieties) Regulations 2001;

• “oats” means plants of the species specified in column 2 of Schedule 1 in relation to oats, red oats and naked oats;

• “official certificate” means a certificate issued by the Scottish Ministers in accordance with these Regulations and “officially certified” shall be construed accordingly;

• “official control” means under the supervision of, and in accordance with any conditions set by, a European Authority;

• “official examination” means–in relation to Seed of a Certified Generation–an examination or a test carried out by the Scottish Ministers;if the seed has undergone official post control the results of which have been satisfactory, a field examination carried out by a licensed crop inspector; ora test carried out by a licensed seed testing station; andin relation to Pre basic Seed and Basic Seed–an examination or a test carried out by the Scottish Ministers; ora test carried out by a licensed seed testing station;

• “official field inspection” means a field examination of a crop carried out–by a a GB Authority or the NI Authority; orin the case of seed which, if it were fully certified would be Seed of a Certified Generation, and which has been harvested from a crop which has been produced from seed that has undergone official post-control the results of which have been satisfactory, by a licensed crop inspector ...;

• “official label” means a label issued by an International Authority;

• “official post control” means a control plot has been sown with seed from the relevant seed lot and has produced plants which have been examined by an International Authority; and “official post control the results of which have been satisfactory” means official post control has been carried out for the relevant seed lot and an International Authority has found, having regard to–the conditions specified in–in the case of the Scottish Ministers–paragraphs 4, 8, 9, 10, 11 and 12 of Part I of Schedule 4; andparagraphs 13, 14, 15 and 17 of Part II of Schedule 4; and in the case of a GB Authority other than the Scottish Ministers, Parts I and II of schedule 4; the category of the seed to be produced,that the plants produced in the control plot indicate that the corresponding plants in the field are satisfactory plants from which to harvest the relevant category of seed;

• “official sticker” means a sticker issued by a European Authority and attached to an official label;

• “PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas), paragraph 1 of the EU Plant Health Regulation;