The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016

Sampling for enforcement purposes

13.—(1) Paragraph (2) applies where a sample of seed is to be taken under section 25(5) of the Act for the enforcement of the Seed Marketing Regulations.

(2) Where a sample of seed is taken as mentioned in paragraph (1)—

(a) where the sample is to be subject to moisture testing, two moisture samples must be drawn from the sample for that purpose; and

(b) the sample must be divided to provide three parts of which—

(i) one part is to be delivered or sent to the owner of the seed or the owner’s representative together with, where applicable, one moisture sample drawn under sub-paragraph (a);

(ii) two parts are to be delivered or sent to the Official Seed Testing Station together with, where applicable, one moisture sample drawn under sub-paragraph (a); and

(iii) one of the parts delivered or sent under sub-paragraph (b)(ii) together with, where applicable, one moisture sample drawn under sub-paragraph (a) is to be officially examined for the purposes of the Seed Marketing Regulations and the other part must be retained for production to a court in accordance with section 26(7) of the Act.

(3) The procedures described in paragraph (2) are to be carried out by an authorised officer in accordance with the requirements of the Seed Marketing Regulations and where it appears to that officer that the sample that has been taken was purchased for use and not for resale, the first part of the sample is to be delivered or sent to the last seller of the seed or the last seller’s representative instead of to the owner of the seed or the owner’s representative.

(4) Where a part of a sample taken under this regulation has been officially examined for the purposes of the Seed Marketing Regulations, any residue from the sample may be used for such other tests as the Scottish Ministers may direct including for the purpose of the Community comparative tests and trials referred to in the Seed Marketing Directives.

(5) Subject to paragraph (6)(a), the minimum weight of a sample of seed taken as mentioned in paragraph (1) must be such as to ensure that each of the parts into which it is divided is of not less than the prescribed minimum weight for such a sample.

(6) Where a sample of seed to be taken under section 25(5) of the Act is for the enforcement of the Vegetable Seeds Regulations 1993(1) and is contained in small packages, then—

(a) instead of being of a prescribed minimum weight the sample must consist of as many such packages as the person taking the sample may require; and

(b) the sample is to be delivered or sent to the Official Seed Testing Station where it must be officially examined for the purposes of the Seed Marketing Regulations and the procedures set out in paragraphs (2) and (3) do not apply.

(1)

S.I. 1993/2008, amended by S.I. 1996/1452, S.I. 1997/616, S.I. 1999/1863, S.S.I. 2000/250, S.I. 2001/3510, S.S.I. 2007/305, S.S.I. 2010/219, S.S.I. 2010/425, S.I. 2011/1043 and S.S.I. 2013/326.