Vegetable Seeds Amendment (Scotland) Regulations 2007 (S.S.I. No. 305 of 2007)

S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2007 No. 305 SEEDS The Vegetable Seeds Amendment (Scotland) Regulations 2007 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 1964(a) 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. Citation, commencement and extent 1.—(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. Amendments to the Vegetable Seeds Regulations 1993 2. The Vegetable Seeds Regulations 1993(b) are amended by regulations 3 to 9. Amendment to regulation 3 3. In regulation 3 (interpretation), in the definition of “small package” for “or broad bean” substitute “, broad bean, sweet corn or popcorn”. Amendment to regulation 9 4. 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.”. (a) 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). (b) S.I. 1993/2008 as relevantly amended by S.I. 1996/1452, 1997/616, 1999/1863, S.S.I. 2000/250 and S.I. 2001/3510. 2 Amendment to regulation 9A 5. 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.”. Amendment to Schedule 1 6. For Schedule 1 (kinds of seeds to which the Regulations apply) substitute Schedule 1 as set out in the Schedule to these Regulations. Amendment to Schedule 4 7. In Schedule 4, Part II, paragraph 2(a) (minimum standards for seeds), in the appropriate alphabetical place in the table insert the following entries– Kind Minimum analytical purity (% by weight) Maximum content of seeds of other plant species (% by weight) Minimum germination (% of pure seeds or pellets) Sweet corn or popcorn 98 0.1 85 Amendment to Schedule 5 8. In Schedule 5– (a) in Part I, paragraph 11(a) (dynamic spear sampler), for the table substitute– “Dimensions (mm) Point Shoulder Boss Aperture Length Aperture Width Bore Outside 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 corn 42 7 8 20 8 10 12 all kinds other than beans, marrow, peas, popcorn, sweet corn 85 12 10 33 11 13 15 3 Point Shoulder Boss Aperture Length Aperture Width Bore Outside Diameter (a) (b) (c) (d) (e) (f) (g) all kinds other than peas and broad beans 82 12 13 40 15 17 19 peas and broad beans 78 15 15 40 18 20 22 ”; 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– Kind Maximum lot weight (tonnes) Minimum submitted sample weight (g) Sweet corn or popcorn 20 1,000 Amendment to Schedule 6 9. In Schedule 6 for the Schedule heading substitute “LABELS AND MARKING”. RICHARD LOCHHEAD A member of the Scottish Executive St Andrew’s House, Edinburgh 5th June 2007 4 SCHEDULE Regulation 6 “SCHEDULE 1 Regulation 4(1) KINDS OF SEED TO WHICH THESE REGULATIONS APPLY Latin Name Common 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 Duchesne Gourd Cucurbita pepo L. Marrow or Courgette Daucus carota L. Carrot Fodder carrot Lactuca sativa L. Lettuce Lycopersicon esculentum Mill Tomato Petroselinum crispum (Mill.) Nyman ex A. W. Hill Parsley 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 5 Latin Name Common Name 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. 7 8 S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2007 No. 305 SEEDS The Vegetable Seeds Amendment (Scotland) Regulations 2007 £3.00 © Crown Copyright 2007 Printed in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, the Queen’s Printer for Scotland 100 06/07 19593