
1 
These Regulations may be cited as the Plant Breeders' Rights (Amendment) Regulations 1993 and shall come into force on 1st December 1993.
2 
The Plant Breeders' Rights (Amendment) Regulations 1990, the Plant Breeders' Rights (Amendment) (No.2) Regulations 1990  and the Plant Breeders' Rights (Amendment) Regulations 1992 are hereby revoked.
3 
For Schedule 3 to the Plant Breeders' Rights Regulations 1978  (reproductive and other plant material to be delivered to the Controller) there shall be substituted the provisions of the Schedule to these Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th November 1993.
L.S.Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
8th November 1993John Redwood
Secretary of State for Wales
4th November 1993Patrick Mayhew
Secretary of State for Northern Ireland
10th November 1993Michael Howard
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
Home Office
5th November 1993
SCHEDULE
Regulation 3
“
SCHEDULE 3
Regulation 12
PART I
1 

(1) During the year beginning with the making of the application the following amounts of ears of seed shall be delivered:—
For a wheat, barley or oat variety 275 ears and 6 kilograms of seed
For a rye variety 5 kilograms of seed
For a maize variety 500 grams of seed of the commercial hybrid and 200 grams of seed of each of the parents and parental lines of the commercial hybrid
For a triticale variety 4 kilograms of seed
For an F1 hybrid variety of wheat 275 ears from the final cross, 8.5 kilograms of seed from the final cross and 100 ears of each parent
(2) Attached to each ear there shall be a minimum of 25 centimetres of straw.
(3) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered such reproductive and other plant material in such quantity and of such description and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.
2 
The ears shall be packed in bundles of not more than 100, lightly wrapped, in a stiff-sided container.The seeds shall be packed in a suitable container of sufficient strength to withstand mechanical damage during transit due to handling.
3 

(1) The seed shall comply with the following standards:—
(a) Wheat, Barley, Oats and Rye

     Max no. of other seeds or structures in a sample of 500g
Kind Min germination (% by number of pure seeds) Min analytical purity (% by weight) Max moisture content (% by weight) Max loose smut infection (% by number) All other species Other cultivated cereal species All species other than cultivated cereals Wild oats(Avena fatua, Avena sterillis or Avena ludoviciana) and darnel (Lolium temulentum) Wild radish(Raphanus raphanistrum) and Corn Cockle (Agrostemma githago) Ergot (pieces)
Wheat, Barley and Oats 85 98 16 0.5 10 7 7 0 3 3
Rye 85 98 16 — 10 7 7 0 3 3
(b) Maize

Min germination (% by number of pure seeds) Min analytical purity (% by weight) Max no. of seeds of other plant species in a sample of 250g
90 98 0
(c) TriticaleThe minimum germination by number of pure seeds shall be 85%. The seed shall not be affected by harmful organisms and must originate from the growing period immediately preceding the tests.
(2) The seed shall be free from insects.
4 
The seed shall not have been subjected to any fungicidal or insecticidal treatment.
PART II
1 

(1) During the year beginning with the making of the application 200 seed tubers shall be delivered; these seed tubers shall be from stocks grown in Scotland or Northern Ireland or the English counties of Northumberland (excluding the districts of Blyth Valley and Wansbeck) and Cumbria (excluding the districts of Barrow-in-Furness and South Lakeland).
(2) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered seed tubers taken from stocks grown in any of the places specified in sub-paragraph 1 (1) above in such quantity and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.
(3) The applicant shall arrange for the growing in the United Kingdom of a plot of at least 2,000 plants of the potato variety to be observed under normal conditions during each of the seasons following the delivery of the seed tubers.
2 
The seed tubers shall be securely packed in new sacks or other new containers which are capable of withstanding the hazards that may be encountered by perishable produce during transit.The packing material shall be adequate in quantity and quality to protect the tubers from low temperature which may cause chilling or frosting and from damage due to handling.
3 
The seed tubers shall be graded so as to be capable of being retained by meshes of a riddle each measuring 35mm square and passed by meshes of a riddle each measuring 50mm square.The seed tubers shall be in sound condition and not be visibly unfit for planting through damage due to handling or attack by any insect, pest or disease or any other condition which would impair their subsequent growth.The seed tubers shall be reasonably free from soil.
4 
The seed tubers shall not have been treated with a fungicide, pesticide or sprout inhibitor.
5 

(1) The land on which the seed tubers have been produced shall be land which:—
(a) is not deemed for the purpose of the Plant Health (Great Britain) Order 1993 or the Plant Health (Northern Ireland) Order 1993 to be land on which wart disease of potatoes (Synchytrium endobioticum (Schilb.) (Perc.)) is present;
(b) is not declared for the purposes of the Plant Health (Great Britain) Order 1993 to be land on which potato cyst eelworm (Globodera rostochiensis (Woll) Mulvey and Stone and Globodera pallida (Stone) Mulvey and Stone) is present;
(c) is not land on which the occupier has been served with a notice under the Plant Health Order (Northern Ireland) 1993 requiring him to adopt measures for the prevention of the spread of potato cyst eelworm as specified by the notice; and
(d) is land which has not at any time been used for growing potatoes during the period of five years immediately preceding the planting of the crop from which the seed tubers are produced.
(2) The seed tubers shall be accompanied by a certificate issued by as the case may be the Ministry of Agriculture, Fisheries and Food, The Scottish Office Agriculture and Fisheries Department or the Department of Agriculture for Northern Ireland stating:—
(a) the seed tubers are the produce of a crop grown on land not known to be infected by wart disease of potatoes or infested by potato cyst eelworm;
(b) the seed tubers are the produce of a crop which was inspected during the growing season and deemed on visual examination to be free from infection with tobacco veinal necrosis virus and to contain not more than the following tolerances for other diseases and impurities—
(i) 0.05% of rogues, undesirable variations, wildings and bolters;
(ii) 0.02% with leaf roll or severe mosaic;
(iii) 0.20% of plants with mild mosaic;
(iv) 1% of plants with blackleg.
(c) the seed tubers were found on visual examination to be free from signs of wart disease of potatoes; and
(d) the seed crop from which the tubers were produced was not so affected by any other disease or pest as to render it unsuitable for seed purposes.
PART III
1 

(1) During the year beginning with the making of the application the following amounts of seed shall be delivered:—
For a ryegrass variety 1 kilogram
For a timothy variety 500 grams
For a cocksfoot variety 1 kilogram
For a tall fescue variety 1 kilogram
For a meadow fescue variety 1 kilogram
For a red fescue variety 500 grams
For a velvet bent variety 1 kilogram
For a red top variety 1 kilogram
For a creeping bent variety 1 kilogram
For a brown top variety 1 kilogram
For a wood meadowgrass variety 1 kilogram
For a swamp meadowgrass variety 1 kilogram
For a smooth-stalked meadowgrass variety 1 kilogram
For a rough-stalked meadowgrass variety 1 kilogram
For a lucerne variety 1 kilogram
For a red clover variety 1 kilogram
For a white clover variety 500 grams
For a lupin variety 4 kilograms
For a fenugreek variety 45 grams
For a fodder kale variety 1 kilogram
For a swede variety 100 grams
For a festulolium variety 2 kilograms
For a sainfoin variety 3 kilograms
For a birdsfoot trefoil variety 750 grams
(2) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered such reproductive and other plant material in such quantity and of such description and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.
2 
The seed shall be packed in a suitable container of sufficient strength to withstand damage during transit due to handling.
3 
The seed shall comply with the following standards:—

Kind Min germination (% by number of pure seeds or pure pellets)  Maximum hard seed content (% by number of pure seeds or pure pellets)  Minimum analytical purity (% by weight) Maximum content of seeds of other plant species (% by weight)
Perennial ryegrass 86 — 96 1.5
Other ryegrasses 82 — 96 1.5
Timothy 86 — 96 1.5
Cocksfoot 86 — 90 1.5
Tall fescue 86 — 95 1.5
Meadow fescue 86 — 95 1.5
Red fescue (including chewings fescue 82 — 90 1.5
Red top 80 — 90 2.0
Velvet bent, creeping bent and brown top 75 — 90 2.0
Meadow grasses 75 — 85 2.0
Red clover 80 20 97 1.5
White clover 80 40 97 1.5
Lucerne 80 40 97 1.5
Blue lupin 75 20 98 0.5
Other lupins 80 20 98 0.5
Fenugreek 80 — 95 1.0
Fodder kale 86 — 98 1.0
Swede 86 — 98 1.0
Festulolium 82 — 96 1.5
Sainfoin 75 20 95 1.5
Birdsfoot trefoil 75 40 95 1.5


4 
The seeds shall also comply with the following standards where appropriate:

  Maximum permitted content of seed impurities (by number or as a percentage by weight)
Kind Weight of sample for determination of foreign seeds by number (gms) Wild oat or dodder No. Rumex spp. (docks and sorrels) excluding R. acetosella (sheep’s sorrel) andR. martimus (golden dock) No. Blackgrass % Couchgrass % Melilotus spp. % Max. content of any one other plant species %
Ryegrasses 60 0 20 0.3 0.5 — 1.0
Timothy 10 0 5 0.3 0.3 — 1.0
Cocksfoot 30 0 10 0.3 0.3 — 1.0
Tall fescue 50 0 20 0.3 0.5 — 1.0
Meadow fescue 50 0 20 0.3 0.5 — 1.0
Red fescue (including 30 0 10 0.3 0.5 — 1.0
chewings fescue)
Red top 5 0 2 0.3 0.3 — 1.0
Velvet bent, creeping bent and brown top 5 0 2 0.3 0.3 — 1.0
Meadowgrasses 5 0 2 0.3 0.3 — 1.0
Red clover 50 0 20 — — 0.3 1.0
White clover 20 0 10 — — 0.3 1.0
Lucerne 50 0 20 — 0.3 1.0
Blue Lupin 1000 0 20 — — 0.3 0.3
Other lupins 1000 0 20 — — 0.3 0.3
Fodder kale 100 0 20 — — — 0.5
Swede 100 0 20 — — — 0.5
Festulolium 60 0 20 0.3 0.5 — 1.0
Sainfoin 600 0 2 0.3 — — 1.0
Birdsfoot trefoil 50 0 2 0.3 — — 1.0






4 
The seed shall not have been subjected to any fungicidal or insecticidal treatment.
PART IV
1 

(1) During the year beginning with the making of the application the following amounts of seed shall be delivered:—
For a flax or linseed variety 1.5 kilograms
For an oenothera variety 6 grams
For a swede rape including oilseed rape variety 1 kilogram
For a white mustard variety 1 kilogram
For a brown or black mustard variety 1 kilogram
For a coriander variety 500 grams
For a borage variety 20 grams
For a sunflower variety 1 kilogram and 5,000 seeds of each parental line and each restorer line
For a turnip rape variety 1 kilogram
2 
The seed shall be packed in a suitable container of sufficient strength to withstand damage during transit due to handling.
3 

(1) The seed shall comply with the following standards:—

 Analytical Purity Maximum content by number of seeds of other plant species in a sample of the following weight:
Swede rape including oilseed rape — 100 grams
Flax and linseed — 150 grams
White mustard — 200 grams
Brown and black mustard — 40 grams
Sunflower — 1,000 grams
Turnip rape — 70 grams
Kind Minimun germination (% of pure seed) Minimum analytical purity (% by weight) Maximum content seed of other plant species (% by weight) Other plant species Wild Oat (Avena fatua. A. ludoviciana, A. sterilis) Dodder (Cuscuta spp.) Wild Radish (Raphanus Raphanistrum) Rumex spp (docks and sorrels) excludingR. acetosella (sheeps sorrel) and R. maritimus (golden dock) Black grass (Alepecurus myosuroides) Lolium remotum
Swede rape including Oilseed rape 85 98 0.3 — 0 0 10 5 — —
Turnip rape 85 98 0.3 — 0 0 10 5 — —
Flax 92 99 — 15 0 0 — — 4 2
Linseed 85 99 — 15 0 0 — — 4 2
Oenothera 85 — — — — — — — — —
White mustard 85 98 0.3 — 0 0 10 5 — —
Brown and Black mustard 85 98 0.3 — 0 0 10 5 — —
Coriander 80 95 0 — — — — — — —
Borage 75 98 — — — — — — — —
Sunflower 85 98 — 5 0 0 — — — —

(2) The seed shall be of a satisfactory state of health as far as seed-borne organisms and diseases affecting the seeds are concerned. In particular the seed shall not exceed the following standards:—

Kind Harmful Organisms
Maximum percentage by number of seeds contaminated by harmful organisms (total per column) Sclerotinia sclerotiorum (maximum number of sclerotia or fragments of sclerotia in a sample of the weight specified in column 4 of Schedule 3)
Botrytis spp. Alternaria spp., Phoma exigua var. linicola Colletotrichum lini, Fusarium spp.
Swede rape and Turnip Rape including Oilseed Rape — — 5
Flax & Linseed 5 5 —
White mustard — — 5
Sunflower 5 — 10

4 
The seed shall not have been subjected to any fungicidal or insecticidal treatment.
PART V
1 

(1) During the year beginning with the making of the application the following amounts of seed shall be delivered:—
For a pea variety (including a field pea variety) 3 kilograms
For a French bean variety 4 kilograms
For a runner bean variety 11 kilograms
For a broad bean variety 23 kilograms
For a field bean variety 11 kilograms
For a lettuce variety 115 grams
For a celery or celeriac variety 10 grams
For a marrow variety 230 grams
For a Brussels sprout variety 125 grams
For a cabbage variety 125 grams
For a cauliflower variety 125 grams
For a turnip variety 150 grams
For a tomato variety 11 grams
For a beetroot variety 450 grams
(2) During each of the immediately succeeding years until the completion of the tests and trials there shall be delivered such reproductive and other plant material in such quantity and of such description and quality as shall appear to the Controller to be necessary or desirable for the proper completion of the tests and trials.
2 
The seed shall be packed in a suitable container of sufficient strength to withstand damage during transit due to handling.

Kind Minimum germination (% by number of pure seeds) Minimum analytical purity (% by weight) Max. content of seeds of other plant species (% by weight)
Peas (including field peas) 8098 0.1
French Beans 75 98 0.1
Runner Beans 80 98 0.1
Broad Beans 80 98 0.1
Field Beans 85 98 0.5
Lettuce 75 95 0.5
Celery and Celeriac 70 97 1.0
Marrows 75 98 0.1
Brussels Sprouts 75 97 1.0
Cabbages 75 97 1.0
Cauliflowers 70 97 1.0
Turnip 80 97 1.0
Tomatoes 75 97 0.5
Beetroot 70 97 0.5
4 
The seeds shall be of a satisfactory state of health in so far as seed-borne diseases and organisms affecting the seeds are concerned.
5 
The seed shall not have been subjected to any fungicidal or insecticidal treatment and shall not be pelleted.
PART VI
1 

(1) The following shall be delivered:
(2) Eight trees on M9 rootstocks, not less than two and not more than three years old.Alternatively budwood or graftwood sufficient to produce fifteen trees.
(3) Three trees on Quince A rootstock, double-worked where necessary.The trees shall be not less than two and not more than three years old. Alternatively, if the Controller shall so allow, scion or bud wood sufficient to produce four trees may be delivered instead of the three trees as mentioned above.
(4) Three trees on St. Julien A rootstocks shall be delivered.The trees shall not be less than two and not more than three years old. Alternatively, if the Controller shall so allow, scion or bud wood sufficient to produce four trees may be delivered instead of the three trees as mentioned above.
(5) Three trees on F12/1 or Colt rootstocks.The trees shall be not less than two and not more than three years old.
(6) Twenty-five well-rooted rootstocks of not less than 7mm in diameter selected from the stool or layer bed.
2 

(1) 
(a) The trees and rootstocks shall not show symptoms of any virus disease.
(b) The trees and rootstocks shall be healthy.They shall not be lacking in vigour, or affected by any pests or diseases.
(2) Scion or bud wood or graftwood shall be the produce either of a tree of the variety growing on its own roots or of a tree of the variety which satisfies the requirements set out in paragraph 2(1)(a) and (b) above.
PART VII
1 

(1) The following shall be delivered:
(2) Twelve visually healthy two-year old bushes.
(3) Five visually healthy two-year old bushes.
(4) Forty visually healthy canes.
(5) Six visually healthy young plants
(6) Forty visually healthy plants.
(7) Four vigorous healthy plants with at least three strong shoots.The plants shall not be more than two years old.
PART VIII
1 
Four plants of the parent stock sufficient to provide 12 single bud roots.
2 
The plant material shall be visibly healthy and shall not be lacking in vigour or affected by pests or diseases.
PART IX
1 
Six one year bedded sets shall be delivered.
2 

(a) The sets shall not show symptoms of any virus disease.
(b) The sets shall be healthy.They shall not be lacking in vigour or affected by pests or diseases.
PART X
Four visually healthy vegetatively reproduced trees or shrubs typical of the variety, each at least two but not more than five years old, shall be delivered.
PART XI
There shall be delivered, in the numbers indicated in respect of varieties of the genera or species specified below, visually healthy, vegetatively reproduced trees, shrubs, or woody climbers, as the case may be, typical of the variety and each at least two but not more than four years old.

Genera or species Number of trees, shrubs or woody climbers to be delivered
Calluna Salisb. 12
Daboecia D. Don 12
Erica carnea L., Erica ciliarisa L., Erica cinerea L., Erica x darleyensis Bean, Erica mackaiana Bab., Erica mediterranea Hort., Erica x praegeri Ostenf., Erica tetralix L., Erica vagans L., Erica x watsonii Benth., Erica williamsii Druce 12
Brachyglottis Forst. & Forst. 5
Clianthus puniceus (G. Don) Sol. ex Lindl. 5
Coprosma Forst 5
Cordyline australis (Forst.) Endl. Cordyline banksii Hook., Cordyline indivisa (Forst.) Steud., Cordyline kaspar W.R.B. Oliv., Cordyline pumilio Hook. f.
Corokia A. Cunn. 5
Corynocarpus laevigata J. R. Forst et G. Forst. 5
Dodonaea viscosa (L.) Jacq. 5
Griselinia littoralis Raoul. Griselinia lucida Forst. f. 5
Hoheria A. Cunn. 5
Leptospermum ericoides A. Rich. Leptospermum sinclairii Kirk 5
Lophomyrtus Burret. 5
Melicope simplex A. Cunn. Melicope ternata J.R. Forst. et G. Forst. 5
Meryta sinclairii (Hook. f.) Seem. 5
Metrosideros albiflora Soland. ex Gaertn. Metrosideros carminea Oliv., Metrosideros colensoi Hook. f., Metrosideros diffusa Forst. f., Metrosideros excelsus Sol. ex Gaertn., Metrosideros kermadecensis Oliv., Metrosideros parkinsonii Buch., Metrosideros perforata (Forst. & Forst. f), Metrosideros robustus A. Cunn., Metrosideros scandens (Forst. et Forst. f.) Druce., Metrosideros umbellatus Cav. 5
Myrsine australis (A. Rich.) Allan Myrsine chathamica F. Muell., Myrsine coxii Cockayne, Myrsine divaricata A. Cunn., Myrsine kermadecensis Cheesem. Myrsine montana Hook f., Myrsine nummularia Hook. f., Myrsine oliveri Allan, Myrsine salicina Heward 5
Parahebe W.R.B. Oliv. 5
Pseudopanax chathamicus T. Kirk Pseudopanax crassifolius (Sol. ex. A. Cunn.), Pseudopanax discolor T. Kirk, Pseudopanax edgerleyi C. Koch., Pseudopanax ferox T. Kirk, Pseudopanax gilliesii T. Kirk, Pseudopanax lessonii (D.C.), Pseudopanax lineare (Hook. f.) K Koch. 5
Weinmannia racemosa L. f. Weinmannia silvicola Sol. ex A. Cunn. 5
Erica arborea L., Erica australis L., Erica lusitanica Rudolfi, Erica scoparia L., Erica terminalis Salisb., Erica x veitchii Bean 4
Menziesia Sm. 4
Andromeda L. 3
Buxus L. 3
Caryopteris Bunge 3
Cassiope D. Don 3
Ceratostigma Bunge excluding C. plumbaginoides Bunge 3
x Gaulnettya W. J. Marchant 3
Gaultheria Kalm ex L. 3
Helianthemum Mill. 3
Lavendula L. 3
Pernettya Gaudich 3
Ruta L. 3
Salvia officinalis L. 3
Sarcococca Lindl. excluding S. saligna Muell. 3
Teucrium fruticans L. 3
Vaccinium L. excluding V.corymbosum L. 3
Vinca major L. 3
Vinca minor L. 3
All others not specified above 2
PART XII
1 

(1) The following shall be delivered:
(2) 
(a) Border carnations and pinksTen visually healthy young plants, typical of the variety.
(b) Perpetual flowering carnationsSeventy-five unrooted, visually healthy cuttings, each furnished with at least four but notmore than five clearly visible internodes.
(3) 
(a) Year round varietiesFifty visually healthy cuttings of normal commercial standard.
(b) Other varietiesTwenty-five visually healthy cuttings of normal commercial standard.
(4) Four plants of each disbudded variety and seven plants of each dwarf bedding variety shall bedelivered.The plants shall be typical of the variety and young, visually healthy, green plants.
(5) Six well-rooted cuttings, or fifteen young plants ex-microprop.
(6) Twenty-five visually healthy corms of flowering size, typical of the variety.
(7) Twelve visually healthy corms of flowering size, typical of the variety, shall be delivered each year.
(8) Ten visually healthy single nosed bulbs, typical of the variety.
(9) 
(a) Varieties to be flowered outdoors
Three plants each with at least three flower buds.
(b) Pot plant varieties
Thirty plants, twice pinched.
(10) In the case of a miniature variety six trees, in the case of a bush variety four trees, in the case of a shrub variety three trees and in the case of a climbing variety or ground cover variety two trees. The trees shall be first quality visually healthy maiden trees typical of the variety.If the Controller is satisfied that maiden trees cannot be supplied, two-year-old trees may be delivered.
(11) Four visually healthy vegetatively reproduced plants typical of the variety, each one year old.
(12) One mature plant in full flower.
(13) Ten rooted or unrooted cuttings.
(14) Five full grown plants.
(15) Ten visually healthy bulbs of flowering size.
(16) Thirty healthy young plants with no visible evidence of flower buds.The plants shall not have been treated with a growth regulator.
(17) Twenty healthy young plants.
(18) Fifteen dormant bulbs.
(19) Ten rooted cuttings.
(20) Twenty unrooted cuttings.
(21) Twelve young plants of normal commercial standard.
(22) Twenty young plants, not cut back, in peat blocks.
(23) Twenty young plants, of good commercial quality, not cut back, in peak blocks.
(24) Twenty, three month old plants.
(25) Twenty young plants.
(26) Twenty young plants, of good commercial quality, not cut back, in peak blocks.
(27) Six visually healthy bulbs.
(28) Four visually healthy plants.
(29) Twenty young plants.
(30) Twenty young plants.
(31) Four young plants.
(32) Ten grams of seed.
(33) Twenty young plants.”