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Arable Area Payment Scheme 2004
APPENDIX 4: SPECIAL CONDITIONS FOR RAPESEED, LINSEED, FLAX AND HEMP
1 RAPESEED
1. We will not make payments to those planting rapeseed unless it falls into one of the following categories:
a A certified seed of a variety listed in the common catalogue. The varieties that have been removed from the catalogue will still be eligible until 30 June of the third year after they were removed. In this context, certified seed means breeders' seed or pre-basic, basic or certified seed. It does not include seed entered under statutory arrangements for the early multiplication of varieties before they were entered onto a UK national list or the common catalogue, for which an application for a breeders' confirmation certificate has been made or for which a breeder's confirmation certificate has been issued. We pay aid on those varieties in the common catalogue, including varietal associations, which have each constituent listed separately. We strongly advise you to check the position with your local area office, as the AAPS eligibility of oilseed varieties can change. You should keep invoices, seed labels and any other supporting documents for the seed for inspection. The rules on minimum separation distances apply (see paragraph c).
b Farm-saved seed that meets certain quality requirements.
- The seed must normally be taken from a crop harvested in 2003 and
produced from certified seed sown in autumn 2002 or spring 2003.
In exceptional circumstances, you may use seed from the 2002 harvest when weather conditions mean that sowing has to take place before harvest of the 2003 crop.
- The seed must be sown only on the holding (covered by the AAA) on which
it was produced. If a holding changes hands before the farm-saved seed is sown, the new occupier may not claim AAPS aid on any area in which that seed is sown. However, if the holding is taken over after the previous occupier's seed is sown, the new occupier may claim AAPS aid on that crop. - You can sow farm-saved seed harvested from certified seed only in the following production cycle.
c High erucic acid rapeseed (HEAR), with a minimum erucic acid content of 40%, grown under a contract. The contract must be drawn up before sowing with an approved first buyer for producing a crop for a specific non-food industrial use, or for use as seed for sowing to produce such a crop. If you are growing HEAR for non-food use on set-aside land, your contract must be with a collector or first processor. You must keep a minimum separation distance of 50 metres between HEAR and double-zero rapeseed crops sown in the same season, whether on your land or a neighbour's land. If there is no minimum separation distance, both crops will be considered not to be eligible for AAPS aid. This rule applies to non-food crops grown on set-aside land as well as crops on which oilseeds aid is claimed. You don't have to keep a minimum separation distance between spring-sown and winter-sown crops (that is, spring double-zero or winter HEAR, or winter double-zero or spring HEAR). You must send us a copy of the contract with the AAA. The Seeds Regulations apply to HEAR varieties (see paragraph d).
d Seed planted:
- with the intention of producing a crop of breeders' seed or pre-basic, basic or certified seed for sowing (including the early movement of varieties that have not yet been added to the UK national list or the common catalogue, for which a breeders' confirmation certificate has been issued);
- for research; or
- for testing purposes to find out whether the variety may be added to the UK national list.
A contract must apply to seed under this paragraph. The contract must have been made before sowing and be between the producer and a seed breeder, agricultural merchant or other genuine contractor. You must send documentary evidence showing the intended use of the seed to your local area office no later than your application for AAPS aid. This may include copies of seed multiplication contracts between seed producers and growers, copies of official labels produced for those contracts, or copies of contracts with growers to produce crops for research or testing purposes. The Oil and Fibre Plant Seeds Regulations 1993 (as amended) cover the certifying and marketing the seeds of oilseed rape (and linseed). If you do not know what you need to do under these Regulations, it is essential that you get advice from our Plants, Horticulture and Potatoes (PHP) Division at Pentland House, 47 Robb's Loan, Edinburgh, EH14 1TY. One of the requirements is that the seed sown and resulting crop must remain the property of the first person (that is, the national list applicant, seed certification applicant, seed merchant, processor, researcher or tester) at all times.
e Seed of the varieties 'Jet Neuf' or 'Bienvenu', grown under contract with a specifically approved buyer to provide seed for oil production for a specific food use. You must send us a copy of the contract with your AAA, and the contract must be signed before sowing.
It is no longer necessary to sample farm-saved OSR. This requirement was withdrawn with effect from AAPS 2002.
You can find a list of the most popular oilseed varieties that are eligible for AAPS aid in the IACS Explanatory Booklet issued in the spring. For more detailed advice, please contact your local area office.
2 LINSEED, FLAX AND HEMP
1. You can find a list of the eligible linseed, flax and hemp varieties in the IACS Explanatory Booklet issued in the spring. For more detailed advice, please contact your local area office.
Special arrangements for fibre hemp
2. If you are growing hemp, you will need to get a licence from the Home Office, as it is a criminal offence to grow hemp in the UK, for any purpose, without a licence. Unless you have made separate arrangements with the Home Office, you should apply for a licence to:
Home Office Licensing Section
Room 239
50 Queen Anne's Gate
London
SW1H 9AT.
Phone: 020 7273 3731
You should apply for a licence as early as possible if you intend to grow hemp. When considering applications, the Home Office Drugs Branch Inspectorate will take account of the genuine reasons for, and the purpose of, growing the hemp, together with the proposed locations of the growing sites. They do not issue licences automatically. In particular, when choosing growing sites, you should identify land where there is poor public access and visibility of the crop (that is, away from residential areas and major roads). If minor roads run alongside the growing site, vehicular access to the site should not be possible. In some cases, the Home Office may also need you to screen crops from view and take other security measures. You may also need to give a Home Office approved processor evidence that you have a contract to supply the hemp.
Contracts and seed labels
3. We will not pay AAPS aid on flax and hemp unless you send us a copy of the contract signed with a processor who is authorised to process flax or hemp straw under the Fibre Processing Aid Scheme (FPAS). You should send us this contract with your AAA, as it will support any claim under the FPAS. The contract commitment to process must include the field identifiers concerned, and those parcels must tie up with the parcels declared on your AAA. If there is no contract in place when you send us the AAA, you will not be eligible for aid on flax or hemp. If the processing is not carried out, we may have to recover any AAPS aid we paid you and enforce penalties because you have claimed aid on an ineligible crop.
4. You must use certified seed for hemp. You must send us the original, official seed labels (confirming the variety) with your application. When we have receipted these, we will return them to you. For flax, you must send us original, official seed labels or a copy of the seed invoices. If sowing takes place after 15 May, you must send us those documents no later than 30 June. We recommend that you send the seed labels to us by recorded delivery.
5. Under the EU rules, 20% of hemp applications for AAPS aid must be sampled. This 20% sample covers both the total area of hemp claimed and all varieties of hemp grown. It will also make sure that the tetrahydrocannabinol content of the crop is below the level set out in the EU legislation. For each variety you have sown, you must maintain three distinct parts of each field you are claiming for (each part made up of at least 4000 plants) until at least 10 days after flowering, in case sampling is necessary. You must not harvest these areas until sampling has been carried out or you have received a written notice from us saying that sampling is not necessary.
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