7.—(1) This regulation applies to the marketing of seed of barley, durum wheat, oats, spelt wheat or wheat (excluding hybrids) which is fully certified Basic Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation, where any label or notice affixed to, contained in or marked on any package containing the seed, any document accompanying the seed or any particulars displayed in respect of the seed, states or indicates that the seed attains the Higher Voluntary Standards for such seed.
(2) Any mixture of seeds to which the provisions of paragraph (1) relate shall be required to meet the appropriate standards prescribed in seeds regulations.
(3) Where any person markets seed to which this regulation applies, the person marketing the seed shall be deemed to state for the purpose of these Regulations, and in relation to the particulars given to a purchaser, that–
(a)the crop from which the seed has been harvested met the Higher Voluntary Standards for such seed laid down in Part I of Schedule 4;
(b)the seed meets the Higher Voluntary Standards for such seed laid down in Part II of Schedule 4; and
(c)a successful application has been made to the Scottish Ministers under paragraph (4) verifying that the crop and seed have attained those standards.
(4) An application for verification that seed of barley, durum wheat, oats, spelt wheat or wheat which is Basic Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation has attained the Higher Voluntary Standards for such seed shall be made to the Scottish Ministers in such form and manner and shall contain such information and be accompanied by such documents as the Scottish Ministers may require and the Scottish Ministers shall grant the application if the Scottish Ministers are satisfied that–
(a)the crop from which the seed has been harvested met the Higher Voluntary Standards for such seed laid down in Part I of Schedule 4; and
(b)the seed meets the Higher Voluntary Standards for such seed laid down in Part II of Schedule 4.
Commencement Information
I1Reg. 7 in force at 1.7.2005, see reg. 1(1)