The Fodder Plant Seed (Scotland) Amendment Regulations 2012

JurisdictionScotland
CitationSSI 2012/5

2012 No. 5

Seeds

The Fodder Plant Seed (Scotland) Amendment Regulations 2012

Made 10th January 2012

Laid before the Scottish Parliament 12th January 2012

Coming into force 10th February 2012

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1), (1A), (2), (3), (4) and (5)(a) and 36 of the Plant Varieties and Seeds Act 19641and 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.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Fodder Plant Seed (Scotland) Amendment Regulations 2012 and come into force on 10th February 2012.

S-2 Amendment to the Fodder Plant Seed (Scotland) Regulations 2005

Amendment to the Fodder Plant Seed (Scotland) Regulations 2005

2. The Fodder Plant Seed (Scotland) Regulations 20052are amended in accordance with regulations 3 to 11.

S-3 Amendment to regulation 2

Amendment to regulation 2

3. In regulation 2 (interpretation), in paragraph (1)—

(a) after the definition of “bulked seed lot” insert—

““collection site” means a part of the source area, where the seed has been collected;”;

(b) after the definition of “Commission Directive 2008/62” insert—

““Commission Directive 2010/60” means Commission Directive 2010/60/EU providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment3;”;

(c) after the definition of “control plot” insert—

““crop-grown preservation mixture” means a preservation mixture produced in accordance with the following process—

(a) seed of individual species is taken at the collection site;

(b) the seed in paragraph (a) is multiplied outside the collection site as single species; and

(c) the seeds of those species are then mixed to create a mixture composed of those genera, species and, where relevant, subspecies which are typical for the habitat type of the collection site;”;

(d) after the definition of “the 2001 Deliberate Release Directive” insert—

““directly harvested preservation mixture” means a preservation mixture marketed as collected at the collection site, with or without cleaning;”;

(e) after the definition of “official sticker” insert—

““preservation mixture” means a mixture (other than a mixture covered by regulation 8) of fodder plant seed of any of the species specified in Schedule 1 (and which may also contain other constituents), which the Scottish Ministers are satisfied will, when used—

(a) assist in the conservation of genetic resource; and

(b) reduce the loss of genetic diversity or natural habitat;”; and

(f) after the definition of “small EC B package” insert—

““source area” has the same meaning as it has in Commission Directive 2010/60;”.

S-4 New regulation 8A

New regulation 8A

4. After regulation 8 (mixtures) insert—

S-8A

Preservation mixtures

8A.—(1) Regulation 6(1)(b) does not apply to the marketing of a preservation mixture if the producer of that mixture has obtained an authorisation in accordance with this regulation.

(2) A producer established in Scotland may apply to the Scottish Ministers for an authorisation to market a directly harvested or a crop-grown preservation mixture.

(3) An application under paragraph (2) shall be made to the Scottish Ministers in writing and shall contain such information as the Scottish Ministers may require.

(4) The Scottish Ministers may grant an authorisation to market a preservation mixture if—

(a)

(a) the seed has been collected in its source area at a collection site which has not been sown in the 40 years prior to the date of application by the producer under paragraph (2);

(b)

(b) the source area is located in the region of origin;

(c)

(c) in the case of a directly harvested preservation mixture, a visual inspection has been carried out by the Scottish Ministers at the collection site during the period of growth of the seed, together with an examination, and the inspection and the examination have shown that the directly harvested preservation mixture complies with the requirements in Schedule 4B;

(d)

(d) in the case of a crop-grown preservation mixture, an official examination has shown that—

(i) the crop-grown preservation mixture complies with the requirements in Schedule 4B; and

(ii) the constituents of the mixture which comprise fodder plant seed comply with the requirements for Commercial Seed in Part II of Schedule 4 or comply with those requirements except in so far as those requirements relate to standards of percentage of germination; and

(e)

(e) in a case where the preservation mixture contains a Conservation variety, the conservation variety complies with the provisions in Commission Directive 2008/62.

(5) An authorisation may be made subject to such conditions as the Scottish Ministers think are necessary.

(6) An authorisation must include the information specified in paragraph 3 of Schedule 3.

(7) An authorisation shall last for a period of one year or such shorter period as the Scottish Ministers may specify.

(8) A producer proposing to apply for authorisation to market a preservation mixture must notify the Scottish Ministers of the quantity of seed for which that person intends to apply for authorisation under paragraph (2) before the beginning of each production season together with—

(a)

(a) the location of the collection site;

(b)

(b) the size (in hectares) of the collection site; and

(c)

(c) in the case of a crop-grown preservation mixture, also the location and size of the multiplication site.

(9) For the purposes of Article 8 (quantitative restriction) of Commission Directive 2010/60, the Scottish Ministers may specify the maximum amount of seed of a preservation mixture which may be marketed in any given growing season and specify different maxima for different persons or classes of person.

(10) A preservation mixture may only be marketed in its region of origin.

(11) In this regulation, in paragraph 3 of Schedule 3 and in paragraph 8A of Schedule 6, “region of origin” means the region forming a part or the whole of the United Kingdom identified by the Scottish Ministers for the purposes of Article 3 of Commission Directive 2010/60.”.

S-5 Amendment to regulation 15

Amendment to regulation 15

5. In regulation 15 (sampling), in paragraph (1A), after “a Conservation Variety” insert “and of a directly harvested preservation mixture”.

S-6 Amendment to regulation 16

Amendment to regulation 16

6. In regulation 16 (sealing of packages of fully certified seed)—

(a) in paragraph (1)—

(i) for “regulation 6(1), 8, 9A, 9B, 11 or 12” substitute “regulation 6(1), 8, 8A, 9A, 9B, 11 or 12”;

(ii) after “a mixture of seeds to which regulation 8 applies,” insert “seeds of a preservation mixture,”; and

(iii) in sub-paragraph (b), after “the Fodder Plant Seed Directive” insert “or, where appropriate, Article 10 (sealing of packages and containers of preservation mixtures) of Commission Directive 2010/60”; and

(b) in paragraph (3), for “regulation 6(1), 8, 9A, 9B, 11 or 12”...

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