22.—(1) A sample of seeds taken in connection with a regulation 6, 11 or 13 application shall be drawn—
(a)by—
(i)an authorised officer, or
(ii)a licensed seed sampler acting under the supervision of the authority who appointed him;
(b)in accordance with the method laid down in Schedule 5 of the Seed (Registration, Licensing and Enforcement)Regulations (Northern Ireland)2009; and
(c)from a homogeneous seed lot.
(2) A sample of seeds taken in connection with a regulation 19 application shall be drawn from a homogeneous lot.
(3) Subject to paragraph (4), the maximum weight of a seed lot shall be that set out in column (2) of the table in Schedule 7.
(4) A seed lot may exceed the maximum weight for a seed lot set out in column (2) of the table in Schedule 7 by not more than 5 per cent.
(5) Subject to paragraph (6), the minimum weight of a sample shall be that set out in column (3) of the table in Schedule 7.
(6) In the case of a component of an F1 hybrid variety or an F1 hybrid variety of seed the minimum weight of a sample shall be a quarter of that set out in column (3) of the table in Schedule 7, except that no sample shall weigh less than 5 grams or consist of less than 400 seeds
(7) If a sample of seeds submitted or taken in connection with an application made under regulation 6, 11 or 13 or 19—
(a)is found not to have been taken in accordance with paragraph (1) or (2);
(b)is taken from a seed lot that does not comply with paragraph (3); or
(c)does not comply with paragraph (5) or (6);
no further use of that sample shall be made under these Regulations, and any findings or results already obtained from testing seed taken from that sample, or from inspecting plants grown in a control plot that has been sown with seed from that sample, shall be disregarded.
[F1(8) A sample of seed of a conservation variety or standard seed of an amateur variety taken for the purposes of checking compliance with these Regulations shall be taken in accordance with the requirements contained in Schedule 5 of the Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009.
(9) If a sample of seed of a conservation variety or standard seed of an amateur variety taken for the purposes of an examination is found not to have been taken in accordance with the requirements of seeds regulations, no examination or no further examination shall be made of that sample and any finding shall be null and void.]
Textual Amendments
F1Reg. 22(8)(9) inserted (11.4.2011) by The Vegetable Seeds (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/38), regs. 1, 5(1)
Commencement Information