16.—(1) This regulation applies to the marketing of any officially certified basic, C1 or C2 seed of barley, durum wheat, oats, spelt wheat or wheat 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) Where any person markets seed to which this regulation applies, the person marketing the seed shall be deemed to state for the purposes 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 Schedule 3 and Part 1 of Schedule 4;
(b)the seed meets the Higher Voluntary Standards for such seed laid down in Part 2 of Schedule 4; and
(c)a successful application has been made to the Department under paragraph (3) verifying that the crop and seed has attained those standards.
(3) An application for verification that basic, C1 or C2 seed of barley, durum wheat, oats, spelt wheat or wheat has attained the Higher Voluntary Standards for such seed may be made to the Department in such form and manner and containing such information and accompanied by such documents as the Department may require and the Department shall grant the application if the Department is satisfied that—
(a)the crop from which the seed has been harvested met the Higher Voluntary Standards for such seed laid down in Schedule 3 and Part 1 of Schedule 4; and
(b)the seed meets the Higher Voluntary Standards for such seed laid down in Part 2 of Schedule 4.