The Fodder Plant Seed (Scotland) Regulations 2005

Changes over time for: Section 16

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Sealing of packages of fully certified seedS

16.—(1) Subject to regulations 18 and 19, no person shall market in accordance with [F1regulation 6(1), 8, 8A, 9A, 9B, 11 or 12] a package (other than a small F2... A or a small F2... B package sealed in accordance with paragraph (4)) of Pre-basic Seed, Basic Seed, [F3Seed of a Certified Generation, seed of an Conservation Variety, Commercial Seed], a mixture of seeds to which regulation 8 applies, [F4seeds of a preservation mixture,] [F5test and trial seed,] lower germination seed or early movement seed unless, subject to paragraph (2), it has been–

(a)(i)not later than at the time of sampling; or

(ii)in the case of seed which is wholly or partly repackaged, the original package has been not later than at the time of sampling,

sealed in Scotland by the Scottish Ministers or by F6... a licensed seed sampler using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal, in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package; or

[F7(b)sealed in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.]

(2) In the case of a package of seed in respect of which the Scottish Ministers have issued an official certificate under regulation 14(3)–

(a)paragraph (1)(a) shall apply as if the words “not later than at the time of sampling” were omitted; and

(b)subject to sub-paragraph (a), the package of seed shall be sealed in accordance with paragraph (1)(a) within 7 days of the issue of the official certificate.

(3) If a package of seed which has been sealed in accordance with paragraph (1) is opened it may not be marketed in accordance with [F8regulation 6(1), 8, 8A, 9A, 9B, 11 or 12] unless it is resealed or further resealed–

(a)in Scotland by the Scottish Ministers or by F9... a licensed seed sampler using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal, in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package; or

[F10(b)in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.]

(4) No person shall market in accordance with [F11regulation 6(1), 8, 9A, 9B, 11 or 12] a small F12... A or a small F12... B package of Pre-basic Seed, Basic Seed, [F13Seed of a Certified Generation, seed of a Conservation Variety, Commercial Seed], lower germination seed or early movement seed, unless it has been, or in the case of seed which is wholly or partly repackaged, the original package has been, sealed by the Scottish Ministers or by F14... a licensed seed sampler [F15or by a person licensed or registered in any part of the United Kingdom as a professional seed operator under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or provisions equivalent to that regulation], not later than at the time of sampling in the United Kingdom with a sealing device in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.

(5) If a small F16... A or a small F16... B package of seed which has been sealed in accordance with paragraph (4) is opened, it may not be marketed in accordance with [F11regulation 6(1), 8, 9A, 9B, 11 or 12] unless it is resealed or further resealed by the Scottish Ministers or by F14... a licensed seed sampler [F17or by a person licensed or registered in any part of the United Kingdom as professional seed operator under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or provisions equivalent to that regulation], with a sealing device, in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.

(6) No person shall market in accordance with regulation 6(1) a package of Breeder’s Seed unless it is marketed in a package which has been sealed with a sealing device in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.

(7) If a package of Breeder’s Seed which has been sealed in accordance with paragraph (6) is opened it may not be marketed in accordance with regulation 6(1) unless it is resealed or further resealed with a sealing device in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.

Textual Amendments

F1Words in reg. 16(1) substituted (10.2.2012) by The Fodder Plant Seed (Scotland) Amendment Regulations 2012 (S.S.I. 2012/5), regs. 1, 6(a)(i)

F2Word in reg. 16(1) omitted (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 14(17)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in reg. 16(1) substituted (30.6.2009) by The Seed (Scotland) (Amendments for Conservation Varieties) Regulations 2009 (S.S.I. 2009/223), regs. 1, 28(b)

F4Words in reg. 16(1) inserted (10.2.2012) by The Fodder Plant Seed (Scotland) Amendment Regulations 2012 (S.S.I. 2012/5), regs. 1, 6(a)(ii)

F5Words in reg. 16(1) inserted (1.4.2007) by The Seed (Scotland) (Amendments for Tests and Trials etc.) Regulations 2007 (S.S.I. 2007/224), regs. 1, 17(b)

F6Words in reg. 16(1)(a) omitted (1.4.2007) by virtue of The Seed (Scotland) (Amendments for Tests and Trials etc.) Regulations 2007 (S.S.I. 2007/224), regs. 1, 17(c)

F7Reg. 16(1)(b) substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(17)(a)(ii) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(16)(a))

F8Words in reg. 16(3) substituted (10.2.2012) by The Fodder Plant Seed (Scotland) Amendment Regulations 2012 (S.S.I. 2012/5), regs. 1, 6(b)

F9Words in reg. 16(3)(a) omitted (1.4.2007) by virtue of The Seed (Scotland) (Amendments for Tests and Trials etc.) Regulations 2007 (S.S.I. 2007/224), regs. 1, 17(c)

F10Reg. 16(3)(b) substituted (31.12.2020) by S.S.I. 2019/59, reg. 14(17)(b) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 15(16)(b))

F11Words in reg. 16(4)(5) substituted (30.6.2009) by The Seed (Scotland) (Amendments for Conservation Varieties) Regulations 2009 (S.S.I. 2009/223), regs. 1, 28(a)