Seeds (Miscellaneous Amendments) (No. 2) (Scotland) Regulations 2002 (S.S.I. No. 564 of 2002)

The Seeds (Miscellaneous Amendments) (No. 2) (Scotland) Regulations 2002 file:///D/HTML/uk36200.htm[16.01.2025 11:39:55] Scottish Statutory Instrument 2002 No. 564 The Seeds (Miscellaneous Amendments) (No. 2) (Scotland) Regulations 2002 © Crown Copyright 2002 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Seeds (Miscellaneous Amendments) (No. 2) (Scotland) Regulations 2002, ISBN 0 11061842 4. The print version may be purchased by clicking here. Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. SCOTTISH STATUTORY INSTRUMENTS 2002 No. 564 SEEDS The Seeds (Miscellaneous Amendments) (No. 2) (Scotland) Regulations 2002 Made 19th December 2002 Laid before the Scottish Parliament 23rd December 2002 Coming into force in accordance with regulation 1(2) The Seeds (Miscellaneous Amendments) (No. 2) (Scotland) Regulations 2002 file:///D/HTML/uk36200.htm[16.01.2025 11:39:55] The Scottish Ministers, in exercise of the powers conferred by sections 16(1), (1A), (2) and (3) and 36 of the Plant Varieties and Seeds Act 1964[1] 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: Citation, commencement and extent 1. - (1) These Regulations may be cited as the Seeds (Miscellaneous Amendments) (No. 2) (Scotland) Regulations 2002. (2) These Regulations shall come into force in accordance with the following sub paragraphs: (a) regulations 1 and 2 shall come into force on 31st December 2002; (b) regulations 3 and 4 shall come into force on 1st January 2003. (3) These Regulations extend to Scotland only. Revocation of the Seeds (Miscellaneous Amendments) (Scotland) Regulations 2002 2. The Seeds (Miscellaneous Amendments) (Scotland) Regulations 2002[2] are revoked. Amendment of the Cereal Seeds Regulations 1993 3. - (1) The Cereal Seeds Regulations 1993[3] are amended in accordance with the provisions of this regulation. (2) In regulation 3(3) (interpretation) after the definition of "Certified Seed of the Second Generation" insert " "Excepted Seed Marketed in Bulk" means Certified Seed (other than seeds of maize), Certified Seed of the First Generation or Certified Seed of the Second Generation (a) which is marketed in bulk direct to the final consumer in a container that is closed after filling; and (b) in respect of which a random sample has been taken in accordance with paragraph 8A of Schedule 5, by a person authorised in that behalf.". (3) In regulation 8 (sealing of packages) (a) in paragraph (1) for "No" substitute "Subject to paragraph (1A) below, no"; and (b) after paragraph (1) insert " (1A) Paragraph (1) above shall not apply to Excepted Seed Marketed in Bulk.". (4) In regulation 9 (labelling of packages) (a) in paragraph (1) for "paragraph (12)" substitute "paragraphs (12) and (12A)"; The Seeds (Miscellaneous Amendments) (No. 2) (Scotland) Regulations 2002 file:///D/HTML/uk36200.htm[16.01.2025 11:39:55] and (b) after paragraph (12) insert " (12A) Paragraph (1) above shall not apply to Excepted Seed Marketed in Bulk.". (5) After regulation 9A insert " Provision of information to the final consumer about Excepted Seed Marketed in Bulk 9B. On delivery of Excepted Seed Marketed in Bulk to the final consumer, the supplier shall also deliver to the final consumer a note containing the information given on the official label on the container from which seed was taken. Notification of Excepted Seed Marketed in Bulk 9C. A supplier of seed shall prior to 10th January 2004 and prior to 10th January in each year thereafter notify the Scottish Ministers in such manner as they may from time to time specify of the quantities of Excepted Seed Marketed in Bulk by that supplier in the period from 1st January to 31st December in the immediately preceding year.". (6) After paragraph 8 of Schedule 5 insert " 8A. Random sampling of seed lots of seed which is intended to be Excepted Seed Marketed in Bulk shall be carried out in accordance with the requirements of this Schedule during the filling of the container, used by the final consumer, into which the seed is placed.". Amendment of the Fodder Plant Seeds Regulations 1993 4. - (1) The Fodder Plant Seeds Regulations 1993[4] are amended in accordance with the provisions of this regulation. (2) In regulation 3(3) (interpretation) after the definition of "Commercial Seed" insert " "Excepted Seed Marketed in Bulk" means Certified Seed of the First Generation or Certified Seed of the Second Generation (a) which is marketed in bulk direct to the final consumer in a container that is closed after filling; and (b) in respect of which a random sample has been taken in accordance with paragraph 8A of Schedule 5, by a person authorised in that behalf.". (3) In regulation 8 (sealing of packages) (a) in paragraph (1) for "No" substitute "Subject to paragraph (1A) below, no"; and (b) after paragraph (1) insert The Seeds (Miscellaneous Amendments) (No. 2) (Scotland) Regulations 2002 file:///D/HTML/uk36200.htm[16.01.2025 11:39:55] " (1A) Paragraph (1) above shall not apply to Excepted Seed Marketed in Bulk.". (4) In regulation 9 (labelling of packages) (a) in paragraph (1) for "paragraph (72)" substitute "paragraphs (72) and (12A)"; (b) after paragraph (12) insert " (12A) Paragraph (1) above shall not apply to Excepted Seed Marketed in Bulk.". (5) After regulation 9A insert " Provision of information to the final consumer about Excepted Seed Marketed in Bulk 9B. On delivery of Excepted Seed Marketed in Bulk to the final consumer, the supplier shall also deliver to the final consumer a note containing the information given on the official label on the container from which seed was taken. Notification of Excepted Seed Marketed in Bulk 9C. A supplier of seed shall prior to 10th January 2004 and prior to 10th January in each year thereafter notify the Scottish Ministers in such manner as they may from time to time specify of the quantities of Excepted Seed Marketed in Bulk by that supplier in the period from 1st January to 31st December in the immediately preceding year.". (6) After paragraph 8 of Schedule 5 insert " 8A. Random sampling of seed lots of seed which is intended to be Excepted Seed Marketed in Bulk shall be carried out in accordance with the requirements of this Schedule during the filling of the container, used by the final consumer, into which the seed is placed.". ALLAN WILSON A member of the Scottish Executive Pentland House, Edinburgh 19th December 2002 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations, which extend to Scotland only, further amend the provisions of the Cereal Seeds Regulations 1993 ("the cereal seeds Regulations") and the Fodder Plant The Seeds (Miscellaneous Amendments) (No. 2) (Scotland) Regulations 2002 file:///D/HTML/uk36200.htm[16.01.2025 11:39:55] Other Scottish Statutory Instruments | UK Statutory Instruments | Home | Her Majesty's Stationery Office We welcome your comments on this site © Crown copyright 2002 Prepared 10 January 2003 Seeds Regulations 1993 ("the fodder seeds Regulations"). The Regulations revoke the Seeds (Miscellaneous Amendments) (Scotland) Regulations 2002 which were defective (regulation 2). The Regulations exempt certain types of seed marketed in bulk from the labelling and packaging requirements in the cereal seeds Regulations and the fodder seeds Regulations (regulations 3(2) to (4) and 4(2) to (4)). These are derogation's respectively from Council Directive 66/402/EEC (O.J. No. L 125, 11.7 66, p.2309) as amended and Council Directive 66/401/EEC (O.J. No. L 125, 11.7.66, p.2298/66) as amended. The derogation's are permitted by Council Directive 2001/64/EC. The Regulations specify the conditions for the exemption, in implementation of Council Directive 2001/64/EC and Commission Decision 94/650/EC (O.J. No. L 234, 1.9.01 p.60) as relevantly amended by Commission Decision 1998/174/EC (O.J. No. L 63, 4.3.98, p.31) and Commission Decision 2000/441/EC (O.J. No. L 176, 15.7.00, p.50) (regulations 3(2), (5) and (6) and 4(2), (5) and (6)). Notes: [1] 1964 c.14. Section 16 was amended by the European Communities Act 1972 (c.68), section 4(1) and Schedule 4, paragraph 5(1), (2) and (3); 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).back [2] S.S.I. 2002/520.back [3] S.I. 1993/2005, as amended by S.I. 1995/1482, 1997/616, 1999/1860 and 2001/3510 and S.S.I. 2000/248.back [4] S.I. 1993/2009, as amended by S.I. 1993/2529, 1996/1453, 1997/616, 1999/1864 and 2001/3510 and S.S.I. 2000/247.back ISBN 0 11061842 4