10 September 2007
SEED CERTIFICATION INFORMATION
1)DISCLOSURE POLICY FOR SEED CERTIFICATION INFORMATION
Last year you were consulted by The Scottish Government: Rural Directorate (RD) regarding a review of the disclosure policy for the certification schemes administered by RD in the context of the Freedom of Information (Scotland) Act 2002 (FOI(S)A), the Environmental Information (Scotland) Regulations 2004 (EI(S)R), together with the associated provisions of the Data Protection Act 1998 (DPA). This consultation indicated that the revised policy would be in place for the seed certification scheme in relation to crops sown for harvest 2008, ie for all sowings from August 2007.
Following this review, in addition to the way the information currently used (which was outlined in detail in the consultation document), RD will disclose information on protected varieties to BSPB if so requested, on all seed lots certified after harvest 2008. To this end, disclosure policy statements will appear on the scheme forms, in the guidance notes and on the SASA web site. These will be as follows:
1)The statement which will appear on the SDG7 (application for certification and issue of an official certificate) and SDG8 (application for certification of a blended seed lot and issue of an official certificate):
"The Certifying Authority is bound by current disclosure legislation which includes the Data Protection Act 1998, the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004. Details of all seed lots certified in Scotland will be subject to release to BSPB. For further information on the disclosure policy, please see the Guidance Notes or the SASA web site."
2)The statement which will appear on all the other relevant general forms:
"The Certifying Authority is bound by current disclosure legislation which includes the Data Protection Act 1998, the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004. For further information on the disclosure policy, please see the Guidance Notes or the SASA web site."
3)The following will appear in the guidance notes and on the web site(s):
“Disclosure Policy.
Handling procedures for information received in relation to the certification of true seeds have been designed to take into account legislative developments, particularly the Freedom of Information (Scotland) Act 2002, the Environmental Information (Scotland) Regulations 2004 and the Data Protection Act 1998. Applicants should be aware that from the seed year 2008 onwards it is the certifying authority's intention to release details of all seed lots to BSPB, on request.
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The following statement will now appear on the SDG 7 and SDG 8 (application for certification) forms: "The Certifying Authority is bound by current disclosure legislation which includes the Data Protection Act 1998, the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004. Details of all seed lots certified in Scotland will be subject to release to BSPB. For further information on the disclosure policy, please see the Guidance Notes or the SASA web site."
The following statement will appear on all other forms: The Certifying Authority is bound by current disclosure legislation which includes the Data Protection Act 1998, the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004. For further information on the disclosure policy, please see the Guidance Notes (or the SASA web site)."
The certifying authority may be required to release information, including some personal data and commercial information, if requested under the Environmental Information (Scotland) Regulations 2004 or the Freedom of Information (Scotland) Act 2002. The certifying authority will not permit any unlawful breach of confidentiality nor permit breach of obligations under the Data Protection Act 1998.
Applicants should also note that information supplied on seed certification forms will be used by SASA and other branches of RD for the purpose of determining the application, for enforcement purposes and for research and statistical purposes. Information may also be shared / exchanged with other Certifying Authorities for verifying applications and for enforcement purposes."
This statement can be viewed on the SASA web site at:
2)SCOTTISH GENERAL LICENCE 2007/02
THE FODDER PLANT SEED (SCOTLAND) REGULATIONS 2005 (as amended)
A General Licence increasing the maximum weight of a lot of certain fodder plant seeds for the purpose of a temporary experiment has been issued. Please see the SASAwebsite for full details:
If you have any queries regarding the disclosure policy, please do not hesitate to contact me. For queries regarding the General Licence, please contact Ken Pearson (Tel: 0131 244 8885; Fax: 0131 244 8939; Email : ).
G P Hall
Cereals
Tel:0131 244 8856
Fax:0131 244 8966
e-mail:
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