
2023 No. 193
Seeds
The Cereal Seed (Scotland) Amendment Regulations 2023
Made 21st June 2023
Laid before the Scottish Parliament 23rd June 2023
Coming into force 6th October 2023

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1), (3) and (4) and 36 of the Plant Varieties and Seeds Act 1964 and 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 Cereal Seed (Scotland) Amendment Regulations 2023, and come into force on 6October 2023.
(2) These Regulations extend to Scotland only.
Amendments to the Cereal Seed (Scotland) Regulations 2005
2 
The Cereal Seed (Scotland) Regulations 2005 are amended in accordance with regulations 3 and 4.
Amendments to schedule 4
3 

(1) In schedule 4 (requirements for pre basic seed, basic seed, certified seed, certified seed of the first generation and certified seed of the second generation)—
(a) in paragraph 7(1) (isolation distances — minimum distances)—
(i) after “barley” (where it appears first), insert “, durum wheat, spelt wheat and wheat”; and
(ii) in the table, after head (e) insert—“
(f) Hybrids of durum wheat, spelt wheat and wheat produced by means of cytoplasmic male sterility— 
 (i) for the production of Basic Seed 300 metres
 (ii) for the production of Certified Seed 25 metres”
(b) In paragraph 8 (standards for varietal purity)—
(i) in sub-paragraph (5) for “In crops of hybrids of durum wheat, oats, self-pollinating triticale, spelt wheat or wheat or hybrids of barley other than hybrids of barley produced by means of cytoplasmic male sterility—” substitute “In crops of hybrids of barley, durum wheat, oats, self-pollinating triticale, spelt wheat or wheat other than hybrids of barley, durum wheat, spelt wheat or wheat produced by means of cytoplasmic male sterility—”; and
(ii) for sub-paragraph (6)(a)(ii)(bb) substitute—“(bb) 0.3% for the restorer and 0.5% for the cytoplasmic male sterility female component, where the cytoplasmic male sterility component is a simple hybrid;”; and
(iii) after sub-paragraph (6) insert—“
(7) In crops of hybrids of durum wheat, spelt wheat and wheat produced by means of cytoplasmic male sterility—
(a) the percentage by number of plants which are recognisable as obviously not being true to the variety shall not exceed—
(i) where the crop is used for the production of Basic Seed—(aa) 0.1% for the maintainer and the restorer line and 0.3% for the cytoplasmic male sterility female component; and
(ii) where the crop is used for the production of Certified Seed—(aa) 0.3% for the restorer line and 0.6% for the cytoplasmic male sterility female component; or(bb) 0.3% for the restorer line and 1% for the cytoplasmic male sterility female component, where the cytoplasmic male sterility female component is a simple hybrid;
(b) the level of sterility of the female component shall be at least—
(i) where the crop is used for the production of Basic Seed, 99.7%; and
(ii) where the crop is used for the production of Certified Seed, 99%; and
(c) in the case of Certified Seed, the crop may be produced in mixed cultivation of a female male-sterile component with a male component which restores fertility.”.
(c) In paragraph 13 (standards for varietal purity)—
(i) in the table in sub-paragraph (3)—(aa) for head (b) substitute—“
(b) Hybrids of barley, durum wheat, oats, self-pollinating varieties of triticale, spelt wheat or wheat other than hybrids of barley, durum wheat, spelt wheat and wheat produced by means of cytoplasmic male sterility—  
(i) Certified Seed  90.00%”(bb) in head (ba) after “barley” insert “, durum wheat, spelt wheat and wheat”.
(d) in paragraph 15 (Standards for varietal purity for hybrid varieties of rye and cytoplasmic male sterility hybrid varieties of barley)—
(i) for the heading substitute—“
Standards for varietal purity for hybrid varieties of rye and cytoplasmic male sterility hybrid varieties of barley, durum wheat, spelt wheat and wheat”; and
(ii) after “barley” insert “, durum wheat, spelt wheat or wheat”.
Amendment to schedule 9
4 

(1) In schedule 9 (definition of Cereal Seed Directive), in the table, insert after the entry for Commission Implementing Directive (EU) 2020/177 the following entry—“
Commission Implementing Directive (EU) 2021/1927 OJ L 393, 8.11.2021, p.13”
MAIRI GOUGEON
A member of the Scottish Government
St Andrew’s House,
Edinburgh
21st June 2023