The Seeds (Registration, Licensing and Enforcement) Regulations (Northern Ireland) 2009

Regulations 5(2) and 6

SCHEDULE 1 N.I. REGISTERED SEED INDUSTRY PERSONS

PART 1 N.I. Registration: matters that may be taken into account

1.  The premises that are available to the applicant. N.I.

Commencement Information

I1 Sch. 1 para. 1 in operation at 31.12.2009, see reg. 1

2.  The machinery, equipment and facilities that are available to the applicant. N.I.

Commencement Information

I2 Sch. 1 para. 2 in operation at 31.12.2009, see reg. 1

3.  In relation to seed mixtures intended for use as fodder plants, the appropriateness of the procedures employed by the applicant in carrying out mixing operations. N.I.

Commencement Information

I3 Sch. 1 para. 3 in operation at 31.12.2009, see reg. 1

4.  The personnel and services that are available to the applicant. N.I.

Commencement Information

I4 Sch. 1 para. 4 in operation at 31.12.2009, see reg. 1

5.  Where the applicant is a corporate body or a partnership, the individual who is nominated as the point of contact (“the nominated contact”) within the organisation for all communications relating to compliance with the Seed Marketing Regulations and with these Regulations. N.I.

Commencement Information

I5 Sch. 1 para. 5 in operation at 31.12.2009, see reg. 1

6.  Where the activities carried out by the applicant include the preparation of seed mixtures intended for use as fodder plants, the individual who has direct responsibility for the mixing operations. N.I.

Commencement Information

I6 Sch. 1 para. 6 in operation at 31.12.2009, see reg. 1

PART 2 N.I. Conditions which may be imposed on a registered person

7.  In the case of a company, to notify the Department within 21 days of any change of the company’s name or the address of its registered office or any premises being used by it for the purpose of carrying on any seed industry activity. N.I.

Commencement Information

I7 Sch. 1 para. 7 in operation at 31.12.2009, see reg. 1

8.  In the case of a registered person other than a company, to notify the Department within 21 days of any change of address of, or of premises being used by, that person for the purpose of the carrying on any seed industry activity. N.I.

Commencement Information

I8 Sch. 1 para. 8 in operation at 31.12.2009, see reg. 1

9.  In the case of a corporate body or a partnership, to notify the Department within 21 days of any change regarding the nominated contact. N.I.

Commencement Information

I9 Sch. 1 para. 9 in operation at 31.12.2009, see reg. 1

10.  In the case of the preparation of seed mixtures intended for use as fodder plants, to notify the Department within 21 days of any change regarding the person with direct responsibility for the mixing operation. N.I.

Commencement Information

I10 Sch. 1 para. 10 in operation at 31.12.2009, see reg. 1

11.  To keep such records as the Department may require of his transactions in seeds and of the treatment, testing and other operations undertaken by him or on his behalf in relation to any seeds or their disposal including records relating to— N.I.

(a) seed crops;

(b) the date on which official labels are used (by reference to the unique label number) and the seed lots for which they are used;

(c) in the case of seed intended for marketing, the number and weight of seed lots processed and the date on which they are processed by species, category and level;

(d) the date on which official samples are taken from seed lots and the identity of the authorised officer or licensed seed sampler;

(e) the date on which official samples are despatched to a LSTS for testing;

(f) in the case of a seed lot that is officially certified for early movement, the date on which the interim seed test report is issued, the date of which the seed test report is issued and, in a case where the official germination test shows that the seed fails to meet the appropriate germination standard for seed of that species, the date on which the seller notifies the purchaser of the seed the position;

(g) the date on which and from whom he buys seed and the date on which and to whom he sells it (by crop identity number or seed lot reference number) and the weight of the seed bought or sold; and

(h) in the case of any seed which he treats chemically, the date on which the seed is so treated and details of the treatment applied.

Commencement Information

I11 Sch. 1 para. 11 in operation at 31.12.2009, see reg. 1

12.  To keep a register of seed mixtures intended for use as fodder plants. N.I.

Commencement Information

I12 Sch. 1 para. 12 in operation at 31.12.2009, see reg. 1

13.  To permit, at any reasonable time, an authorised officer to inspect and take copies of the records specified in paragraph 11 and of the register specified in paragraph 12. N.I.

Commencement Information

I13 Sch. 1 para. 13 in operation at 31.12.2009, see reg. 1

14.  To permit, at any reasonable time, an authorised officer to inspect the premises, machinery, equipment and facilities used by or available to the registered person for the carrying on of the seed industry activity in respect of which that person is registered. N.I.

Commencement Information

I14 Sch. 1 para. 14 in operation at 31.12.2009, see reg. 1

15.  To give the Department such other information as the Department may reasonably require in connection with the seed industry activity in respect of which the registered person is registered. N.I.

Commencement Information

I15 Sch. 1 para. 15 in operation at 31.12.2009, see reg. 1

Regulations 10(1), 11(2) and 12(1)

SCHEDULE 2 N.I. LICENSED CROP INSPECTORS

PART 1 N.I. Species and categories of seed crop that may be inspected by a licensed crop inspector

1.  All categories of seed of a species to which the Seed Marketing Regulations apply except pre-basic and basic seed. N.I.

Commencement Information

I16 Sch. 2 para. 1 in operation at 31.12.2009, see reg. 1

PART 2 N.I. Functions that may be specified in a crop inspector’s licence

2.  To authenticate each seed lot sown to produce a seed crop and to record at least one label serial number used for such authentication. N.I.

Commencement Information

I17 Sch. 2 para. 2 in operation at 31.12.2009, see reg. 1

3.  To inspect crops in accordance with instructions from time to time issued by or on behalf of the Department for the purposes of the Seed Marketing Regulations to determine whether the crops meet the relevant standards prescribed in the Seed Marketing Regulations including— N.I.

(a) confirmation of the identity of the variety insofar as possible;

(b) the detection and recording of any species impurities or varietal impurities;

(c) the checking of compliance with isolation requirements; and

(d) the assessment of the general condition of the crop including—

(i) whether the crop is in a suitable condition for inspection;

(ii) any pesticide spray damage that may have been caused to the crop; and

(iii) the existence of weeds and diseases.

Commencement Information

I18 Sch. 2 para. 3 in operation at 31.12.2009, see reg. 1

4.  To issue a field inspection report following the inspection of a seed crop in accordance with Seed Marketing Regulations N.I.

Commencement Information

I19 Sch. 2 para. 4 in operation at 31.12.2009, see reg. 1

5.  To submit to the Department such other reports on the inspection of crops carried out by him as the Department may, from time to time, require. N.I.

Commencement Information

I20 Sch. 2 para. 5 in operation at 31.12.2009, see reg. 1

6.  To keep records of crops inspected by him. N.I.

Commencement Information

I21 Sch. 2 para. 6 in operation at 31.12.2009, see reg. 1

7.  To supervise other licensed crop inspectors as directed by the Department. N.I.

Commencement Information

I22 Sch. 2 para. 7 in operation at 31.12.2009, see reg. 1

PART 3 N.I. Conditions that may be imposed by a crop inspector’s licence

8.  To carry out his functions as a licensed crop inspector subject to the supervision of authorised officers. N.I.

Commencement Information

I23 Sch. 2 para. 8 in operation at 31.12.2009, see reg. 1

9.  To carry out his functions as a licensed crop inspector subject to supervision by other licensed crop inspectors authorised by the Department in that behalf. N.I.

Commencement Information

I24 Sch. 2 para. 9 in operation at 31.12.2009, see reg. 1

10.  To carry out his functions as a licensed crop inspector in accordance with instructions relating thereto issued by or on behalf of the Department. N.I.

Commencement Information

I25 Sch. 2 para. 10 in operation at 31.12.2009, see reg. 1

11.  To maintain his expertise by making regular inspections of crops for the purpose of the Seed Marketing Regulations. N.I.

Commencement Information

I26 Sch. 2 para. 11 in operation at 31.12.2009, see reg. 1

12.  To attend such training courses and undergo such examinations on the official inspection of crops as the Department may, from time to time, require. N.I.

Commencement Information

I27 Sch. 2 para. 12 in operation at 31.12.2009, see reg. 1

13.  To notify the Department within 21 days of any change in his contact address. N.I.

Commencement Information

I28 Sch. 2 para. 13 in operation at 31.12.2009, see reg. 1

14.  To inspect not more than the maximum areas, if any, specified by the Department. N.I.

Commencement Information

I29 Sch. 2 para. 14 in operation at 31.12.2009, see reg. 1

Regulations 17(1) and 18(2)(a) and (b)

SCHEDULE 3 N.I. LICENSED SEED SAMPLERS

PART 1 N.I. Species of seed that may be sampled by a licensed seed sampler

1.  All seed of a species to which the Seed Marketing Regulations apply. N.I.

Commencement Information

I30 Sch. 3 para. 1 in operation at 31.12.2009, see reg. 1

PART 2 N.I. Functions that may be specified in a seed sampler’s licence

2.  To sample seed in accordance with the Seed Marketing Regulations and to submit sealed samples of such seed for an official examination or examination under official supervision. N.I.

Commencement Information

I31 Sch. 3 para. 2 in operation at 31.12.2009, see reg. 1

3.  To keep records of seed lots sampled by him and the methods of sampling used. N.I.

Commencement Information

I32 Sch. 3 para. 3 in operation at 31.12.2009, see reg. 1

4.  To keep records of the use by him of labels issued or authorised by the Department. N.I.

Commencement Information

I33 Sch. 3 para. 4 in operation at 31.12.2009, see reg. 1

5.  To ensure that packages of seed are labelled or re-labelled and sealed or re-sealed in accordance with the Seed Marketing Regulations. N.I.

Commencement Information

I34 Sch. 3 para. 5 in operation at 31.12.2009, see reg. 1

6.  To ensure that mixtures of seed are labelled or re-labelled and sealed or re-sealed in accordance with the Seed Marketing Regulations. N.I.

Commencement Information

I35 Sch. 3 para. 6 in operation at 31.12.2009, see reg. 1

7.  To ensure that sampling equipment, including automatic sampling devices, operated by him in carrying out his functions operates correctly at all times. N.I.

Commencement Information

I36 Sch. 3 para. 7 in operation at 31.12.2009, see reg. 1

PART 3 N.I. Conditions that may be imposed by a seed sampler’s licence

8.  To carry out his functions subject to supervision by authorised officers. N.I.

Commencement Information

I37 Sch. 3 para. 8 in operation at 31.12.2009, see reg. 1

9.  To carry out his functions in accordance with any instructions relating thereto issued by or on behalf of the Department. N.I.

Commencement Information

I38 Sch. 3 para. 9 in operation at 31.12.2009, see reg. 1

10.  To attend such training courses and undergo such examinations as the Department may, from time to time, require. N.I.

Commencement Information

I39 Sch. 3 para. 10 in operation at 31.12.2009, see reg. 1

11.  To notify the Department within 21 days of any change in his residential address. N.I.

Commencement Information

I40 Sch. 3 para. 11 in operation at 31.12.2009, see reg. 1

Regulations 24(3)(c), 25(1) and (3), 26(2) and 27

SCHEDULE 4 N.I. LICENSED SEED TESTING STATIONS

PART 1 N.I. Licensing of laboratories: matters to be taken into account

1.  The premises in which the laboratory is situated. N.I.

Commencement Information

I41 Sch. 4 para. 1 in operation at 31.12.2009, see reg. 1

2.  The equipment that is available at the laboratory for carrying out statutory seed testing. N.I.

Commencement Information

I42 Sch. 4 para. 2 in operation at 31.12.2009, see reg. 1

3.  The knowledge and qualifications— N.I.

(a) in seed testing and laboratory management of the Analyst in Charge; and

(b) in seed testing of any seed analysts

who staff, or will staff, the laboratory in respect of which the application is made.

Commencement Information

I43 Sch. 4 para. 3 in operation at 31.12.2009, see reg. 1

PART 2 N.I. Licensed seed testing station licence conditions

4.  The licensed seed testing station shall have a person acting as the Analyst in Charge. N.I.

Commencement Information

I44 Sch. 4 para. 4 in operation at 31.12.2009, see reg. 1

5.  All statutory seed testing carried out at the licensed seed testing station shall be carried out by a seed analyst or the Analyst in Charge of the LSTS. N.I.

Commencement Information

I45 Sch. 4 para. 5 in operation at 31.12.2009, see reg. 1

6.  Any change regarding the person appointed to act as the Analyst in Charge of the licensed seed testing station or regarding the person in charge of the licensed seed testing station shall be notified to the Department within 21 days. N.I.

Commencement Information

I46 Sch. 4 para. 6 in operation at 31.12.2009, see reg. 1

7.  The premises in which the licensed seed testing station is maintained shall be satisfactory for the purpose of carrying out statutory seed testing and shall be equipped with equipment that enables the seed tests to be carried out in accordance with current international methods specified by the Department. N.I.

Commencement Information

I47 Sch. 4 para. 7 in operation at 31.12.2009, see reg. 1

8.  The licensed seed testing station shall be open to inspection at all reasonable times by an authorised officer. N.I.

Commencement Information

I48 Sch. 4 para. 8 in operation at 31.12.2009, see reg. 1

9.  Statutory seed testing shall be carried out in accordance with current international methods specified by the Department. N.I.

Commencement Information

I49 Sch. 4 para. 9 in operation at 31.12.2009, see reg. 1

10.  A record shall be kept of all statutory seed tests carried out at the licensed seed testing station. N.I.

Commencement Information

I50 Sch. 4 para. 10 in operation at 31.12.2009, see reg. 1

11.  The records referred to in paragraph 7 shall be available for inspection at all reasonable times by an authorised officer. N.I.

Commencement Information

I51 Sch. 4 para. 11 in operation at 31.12.2009, see reg. 1

12.  A portion (in this Schedule called “the reserve portion”) of every sample of seed submitted for statutory seed testing shall be taken from the submitted sample in accordance with a method specified by the Department and shall be at least the prescribed minimum weight. N.I.

Commencement Information

I52 Sch. 4 para. 12 in operation at 31.12.2009, see reg. 1

13.  The reserve portion shall be placed in a bag and the bag shall be identified, sealed and retained under good storage conditions in accordance with instructions issued by the Department. It shall not be opened during the period specified in the instruction except by or on the authority of an authorised officer. N.I.

Commencement Information

I53 Sch. 4 para. 13 in operation at 31.12.2009, see reg. 1

14.  The reserve portion shall be delivered to an authorised officer on request. N.I.

Commencement Information

I54 Sch. 4 para. 14 in operation at 31.12.2009, see reg. 1

Regulation 32(1)

SCHEDULE 5 N.I. SAMPLING

Obtaining a sample N.I.

1.  A sample shall be obtained from the seed lot by taking primary samples systematically or at random from different positions in the lot and combining them to form a composite sample. The composite sample may be submitted for testing intact but if the composite sample is too large it may be reduced in weight by using a riffle divider or a centrifugal divider, to give the submitted sample.

Commencement Information

I55 Sch. 5 para. 1 in operation at 31.12.2009, see reg. 1

Primary sample size N.I.

2.  At each position of sampling of a seed lot, primary samples of approximately equal size shall be taken.

Commencement Information

I56 Sch. 5 para. 2 in operation at 31.12.2009, see reg. 1

Condition of the Seed Lot N.I.

3.  The seed lot to be sampled shall have been subject to appropriate mixing and blending techniques so that it is as uniform as practicable. There shall be no documentary or other evidence of heterogeneity. If a seed lot is presented for sampling in more than one container, the containers shall be of the same size and type and contain approximately the same weight of seed.

Commencement Information

I57 Sch. 5 para. 3 in operation at 31.12.2009, see reg. 1

4.  When the seed lot is in sacks or similar sized containers each containing at least 15 kg of seed and not more than 100 kg of seed, the minimum number of containers to be sampled shall be in accordance with the following table—

Number of containers in the lot	Minimum number of containers to be sampled
1-4	3 primary samples from each container
5-8	2 primary samples from each container
9-15	1 primary sample from each container
16-30	A total of 15 primary samples with each sample being taken from a different container
31-59	A total of 20 primary samples with each sample being taken from a different container
60 or more	A total of 30 primary samples with each sample being taken from a different container

Commencement Information

I58 Sch. 5 para. 4 in operation at 31.12.2009, see reg. 1

5.  The containers to be sampled shall be selected systematically or at random and primary samples drawn from the top, middle and the bottom of containers, but not necessarily from more than one position in any container. The position from which the seed is taken shall be varied from container to container.

Commencement Information

I59 Sch. 5 para. 5 in operation at 31.12.2009, see reg. 1

Sampling from small containers N.I.

6.  For sampling seed lots in containers holding less than 15kg of seed, a 100kg weight of seed shall be taken as the basic unit and the small containers shall be combined to form sampling units not exceeding this weight (for example, eight packages of 12kg or twenty packages of 5kg). For sampling purposes each unit shall be regarded as one container and the sampling procedures prescribed in paragraphs 4 and 5 shall be used.

Commencement Information

I60 Sch. 5 para. 6 in operation at 31.12.2009, see reg. 1

7.  When seed is in moisture-proof containers the opened or pierced container shall be adequately closed or the residues from sampling transferred to new containers. When seeds are in packets of 100g or less each packet may be considered as a primary sample and sufficient shall be taken at random to obtain a submitted sample of the prescribed minimum weight.

Commencement Information

I61 Sch. 5 para. 7 in operation at 31.12.2009, see reg. 1

Sampling from large containers or seed in bulk N.I.

8.  For the sampling of containers holding more than 100kg of seed, and for the sampling of seed in bulk, primary samples shall be taken from different horizontal and vertical positions selected at random and the following shall be regarded as the minimum requirement—

Lot weight	Number of primary samples to be taken
Up to 500kg	At least five primary samples
501-3,000kg	One primary sample for each 300kg but not less than 5
3,001-20,000kg	One primary sample for each 500kg but not less than 10
20,001kg and above	One primary sample for each 700kg but not less than 40

Commencement Information

I62 Sch. 5 para. 8 in operation at 31.12.2009, see reg. 1

Sampling from a seed stream N.I.

9.  Samples may be drawn from a seed stream during processing using an automatic sampling device, which shall uniformly sample the entire cross-section of the seed stream when a sample is taken. Portions of seed shall be taken at regular intervals throughout the processing of the lot using the same sampling intensity for seed in bulk as specified in paragraph 8.

Commencement Information

I63 Sch. 5 para. 9 in operation at 31.12.2009, see reg. 1

Sampling Instruments N.I.

10.  Sampling instruments shall be capable of sampling all parts of the seed lot. A dynamic spear sampler, stick sampler, cargo sampler or seed stream sampler of the type specified in paragraphs 12 to 14, 15 to 17, 18 or 19 respectively shall be used, as appropriate to the location of the seed, to draw primary samples in accordance with the method described in paragraphs 21, 22 and 23, 24 or 25 respectively.

Commencement Information

I64 Sch. 5 para. 10 in operation at 31.12.2009, see reg. 1

11.  Where it is not practicable to use an instrument of the type referred to in paragraph 10 in accordance with a method referred to in paragraph 10 another instrument or method may be used at the discretion of the Department.

Commencement Information

I65 Sch. 5 para. 11 in operation at 31.12.2009, see reg. 1

Dynamic spear sampler N.I.

12.  A dynamic spear sampler may be used, in accordance with the method described in paragraph 21, for sampling seed in sacks or small containers. It shall be a hollow, cylindrical, solid-pointed metal spear or trier which shall be long enough to reach beyond the middle of the sack from the side and shall have an aperture so positioned that portions of seed of equal volume are removed from each part of the sack through which it travels

Commencement Information

I66 Sch. 5 para. 12 in operation at 31.12.2009, see reg. 1

13.  In sampling seed of the species specified in column (1) of the following table a dynamic spear sampler shall be used of a type specified in column (2) and the type of spear used in respect of each species shall not be smaller than the type specified in the corresponding entry in column (2)—

(1)	(2)
Species of seed	Type of dynamic spear sampler
Alaska brome-grass	B
Alsike clover	A
Annual meadowgrass	A
Asparagus	B
Barley	B
Beetroot	B
Birdsfoot trefoil	A
Black medick	A
Black mustard	A
Blue lupin (narrow leaved lupin)	C
Borecole	A
Broad bean	D
Brown mustard	A
Brown top	A
Brussels sprouts	A
Cabbage	A
Calabrese	A
Carrot	A
Cauliflower	A
Celeriac	A
Celery	A
Chard	A
Cheltenham beet	B
Chicory	A
Chinese cabbage	A
Cocksfoot	B
Common vetch	C
Creeping bent	A
Cucumber	B
Curley kale	A
Durum wheat	B
Endive	A
Festulolium	B
Field bean	C
Field pea (fodder pea)	C
Flax or linseed	B
Fodder beet	B
Fodder kale	A
Fodder radish	A
Fodder rape	A
French bean	D
Gerkin	B
Gourd	C
Hairy vetch	C
Hungarian vetch	C
Hybrid ryegrass	B
Italian ryegrass (including Westerwolds)	B
Kohl rabi	A
Leaf beet	B
Leek	A
Lettuce	A
Linseed or flax	B
Lucerne	A
Maize	C
Mangel	B
Marrow	C
Meadow fescue	B
Melon	B
Narrow leaved lupin (blue lupin)	C
Oats	B
Oilseed rape	A
Onion	A
Parsley	A
Pea (vegetable)	C
Perennial ryegrass	B
Radish	A
Red beet (beetroot)	B
Red cabbage	A
Red clover	A
Red fescue	B
Red top	B
Rescue grass	B
Rough-stalked meadowgrass	A
Rye	D
Savoy cabbage	B
Sainfoin	A
Sheep’s fescue	B
Small timothy	A
Smooth-stalked meadowgrass	A
Soya bean	C
Spelt wheat	B
Spinach	B
Spinach beet	B
Sprouting broccoli	A
Sugar beet	B
Sunflower	C
Swede	A
Swede rape	A
Sweet corn and pop corn	C
Tall fescue	B
Tall oatgrass	B
Timothy	A
Tomato	A
Trefoil	A
Triticale	B
Turnip	A
Turnip rape	A
Velvet bent	A
Wheat	B
Wood meadowgrass	A
White lupin	C
White clover	A
White mustard	A
Yellow lupin	C

Commencement Information

I67 Sch. 5 para. 13 in operation at 31.12.2009, see reg. 1

14.  In the table set out in paragraph 13 references to type A, B, C and D instruments shall be construed as referring to instruments having a point length (a), shoulder length (b), boss length (c), aperture length (d), aperture width (e), bore width (f) and outside diameter (g) as shown in the diagram below of the dimensions specified in the corresponding entries in the following table—

Type of Instrument	Point length mm (a)	Shoulder length mm (b)	Boss length mm (c)	Aperture length mm (d)	Aperture width mm (e)	Bore Width mm (f)	Outside diameter mm (g)
A	42	7	8	20	8	10	12
B	85	12	10	33	11	13	15
C	82	12	13	40	15	17	19
D	78	15	15	40	18	20	22

Dimensions (mm)

   

Commencement Information

I68 Sch. 5 para. 14 in operation at 31.12.2009, see reg. 1

Stick Samplers N.I.

15.  A stick sampler may be used for drawing primary samples if it has an aperture or apertures of sufficient size to allow the unrestricted entry of seed or other particles and is capable of being opened and closed during the sampling procedure as appropriate to the method of use described in paragraph 22 or 23.

Commencement Information

I69 Sch. 5 para. 15 in operation at 31.12.2009, see reg. 1

16.  A single chamber type stick sampler may be used for sampling seed in open sacks, in large containers or in bulk.

Dimensions (mm)

	Point	Shoulder	Sliding Sleeve	Aperture Length	Aperture Width	Bore
	(a)	(b)	(c)	(d)	(e)	(f)
Seeds in sacks	55	25	75	50	22	25
Seeds in containers holding more than 100kg, or in bulk	100	390	63	50	22	30

Commencement Information

I70 Sch. 5 para. 16 in operation at 31.12.2009, see reg. 1

17.  A multi-chamber type stick sampler may be used to sample seed in sacks or, subject to the requirements of paragraph 10 above, any other containers. The apertures shall open into chambers that shall be separated from one another by transverse partitions. The contents of each chamber shall be regarded as a primary sample.

Dimensions (mm)

	Point	Shoulder	Sliding Sleeve	Aperture Length	Aperture Width	Bore
	(a)	(b)	(c)	(d)	(e)	(f)
All species	60	50	100	15	110	25

Commencement Information

I71 Sch. 5 para. 17 in operation at 31.12.2009, see reg. 1

Cargo sampler N.I.

18.  A cargo sampler may be used to draw primary samples of seed in accordance with the method described in paragraph 24 for sampling seed in large containers or bulk and shall only be used in the vertical position.

Commencement Information

I72 Sch. 5 para. 18 in operation at 31.12.2009, see reg. 1

Seed stream sampler N.I.

19.  A seed stream sampler may be used to draw primary samples if it uniformly samples the cross-section of the seed stream without any loss of the seed that enter the sampler, in accordance with the method described in paragraph 25. Timing devices shall be attached so that the frequency and duration of sampling can be adjusted to meet the requirements of paragraph 9.

Commencement Information

I73 Sch. 5 para. 19 in operation at 31.12.2009, see reg. 1

Methods of use N.I.

20.  All instruments shall be clean before use.

Commencement Information

I74 Sch. 5 para. 20 in operation at 31.12.2009, see reg. 1

Dynamic seed sampler N.I.

21.—(1) In the case of a dynamic spear sampler in which the aperture reaches only to the centre of the sack or small container—

(a) the instrument shall be inserted into the sack in an upward direction at an angle of approximately 30 degrees to the horizontal with its aperture downwards until the aperture reaches the centre of the sack or container;

(b) it shall be lightly tapped to remove any seed taken in and then rotated to bring the aperture uppermost;

(c) it shall be withdrawn immediately with a vibratory or oscillatory motion and at a decreasing speed so that the quantity of seed obtained from successive locations increases progressively from the centre to the side of the sack; and

(d) seed passing through the instrument shall be collected in a clean container.

(2) In the case of a dynamic spear sampler in which the aperture reaches to the far side of the sack or small container—

(a) the spear shall be inserted in the manner described in sub-paragraph (1) until its aperture reaches almost to the far side of the sack or container;

(b) it shall be tapped and rotated in the manner described in sub-paragraph (1) and then withdrawn at a uniform speed; and

(c) the seed passing through the instrument shall be collected in a clean container.

Commencement Information

I75 Sch. 5 para. 21 in operation at 31.12.2009, see reg. 1

Single chamber type stick sampler N.I.

22.  In the case of a single chamber type stick sampler

(a) the sleeve shall move freely;

(b) the instrument shall be inserted vertically downwards till the aperture reaches the appropriate primary sampling position ensuring that the sleeve covers the aperture as in enters the seed;

(c) the instrument shall be withdrawn sufficiently to uncover the aperture;

(d) the instrument shall be left in position until the primary sample has been collected; and

(e) the instrument shall be withdrawn and the contents emptied into a clean container.

Commencement Information

I76 Sch. 5 para. 22 in operation at 31.12.2009, see reg. 1

Multi-chamber type stick sampler N.I.

23.  In the case of a multi-chamber type stick sampler—

(a) the apertures shall be closed before insertion;

(b) the instrument shall be inserted diagonally into sacks or vertically into large containers so that all apertures are fully covered;

(c) the apertures shall be opened;

(d) the instrument shall be agitated so that seed enters;

(e) the apertures shall be closed gently to ensure that trapped seed is not broken or damaged;

(f) the instrument shall be withdrawn and if the chambers are full the contents shall be emptied onto a clean surface or into a clean container; and

(g) if all the chambers are not full, the contents shall be discarded and procedures specified in sub-paragraphs (a) to (f) shall be repeated.

Commencement Information

I77 Sch. 5 para. 23 in operation at 31.12.2009, see reg. 1

Cargo sampler N.I.

24.  In the case of a cargo sampler

(a) the lid shall open and close easily;

(b) the instrument shall be inserted with the lid closed to the appropriate primary sampling position which shall be at least 300 mm below the surface of the seed;

(c) the handle shall be raised sufficiently to open the lid;

(d) the instrument shall be left in position until the primary sample has been collected; and

(e) the instrument shall be withdrawn and the contents shall be emptied into a clean container.

Commencement Information

I78 Sch. 5 para. 24 in operation at 31.12.2009, see reg. 1

Seed stream samplers N.I.

25.  In the case of a seed stream sampler, the instrument shall take the number of primary samples necessary for the weight of the seed lot being sampled, the primary samples being taken from the seed lot at regular intervals and the resultant composite sample being of a weight not less than the prescribed minimum weight and not greater than can conveniently be reduced by means of one of the methods of sample reduction described in paragraph 31. They shall be installed in such a way that the composite sample can be readily identified with the seed lot from which it was taken.

Commencement Information

I79 Sch. 5 para. 25 in operation at 31.12.2009, see reg. 1

Obtaining a submitted sample—composite sample division instruments N.I.

26.  Provided the composite sample is of at least the prescribed minimum weight for the relevant species of seed, it may be used as the submitted sample.

Commencement Information

I80 Sch. 5 para. 26 in operation at 31.12.2009, see reg. 1

27.  Where the composite sample exceeds the prescribed minimum weight for the submitted sample, a riffle divider of the type specified in paragraph 28 or a centrifugal divider of the type specified in paragraph 30 may be used to obtain a submitted sample. Other instruments and methods may be used at the discretion of the Department.

Commencement Information

I81 Sch. 5 para. 27 in operation at 31.12.2009, see reg. 1

Riffle divider N.I.

28.  The riffle divider shall consist of a rectangular hopper leading to a series of evenly spaced chutes, arranged so that seed is distributed equally on two sides. There shall be a minimum of 18 chutes, each discharging in the opposite direction to its immediate neighbour. Three (or more) metal collecting vessels (pans) of sufficient depth to prevent seed bouncing out shall be used.

Commencement Information

I82 Sch. 5 para. 28 in operation at 31.12.2009, see reg. 1

Method of use N.I.

29.—(1) The method of using a riffle divider shall be as follows—

(a) the divider shall be placed on a firm level surface;

(b) the divider and pans shall be clean;

(2) For sample mixing—

(a) an empty pan shall be placed on each side of the divider to receive the discharge from the chutes;

(b) the entire composite sample shall be poured evenly into the other pan(s);

(c) the seed shall then be poured from the pan(s) evenly along the entire length of the hopper;

(d) the two pans into which the seed has passed shall then be replaced with empty pans;

(e) the procedures described at sub-paragraphs (a) and (d) shall then be repeated twice to mix the sample thoroughly;

(3) For sample reduction—

(a) before reduction, the composite samples shall have been thoroughly mixed using procedures described at sub-paragraphs (2)(a) to (e). The contents of one of the two receiving pans shall then be set aside. If the seed in the second pan is of at least the prescribed minimum weight for a submitted sample of a particular species of seed, it may be used as the submitted sample. If the weight of seed in the second pan is greater than the appropriate prescribed minimum weight for a submitted sample, it may be reduced using the procedures specified in sub-paragraphs (b) to (d);

(b) an empty pan shall be placed on each side of the divider to receive the discharge from the chutes;

(c) the contents of the second pan shall be poured evenly along the entire length of the hopper;

(d) the contents of one of the two pans into which the seed has been passed shall then be set aside. If the weight of seed in the other pan is still greater than the appropriate prescribed minimum weight for the submitted sample, it may be submitted intact or it may be reduced further using the procedures specified in sub-paragraphs (b) to (d);

(e) if the weight of seed in either of the two pans at either (a) or (d) is less than the appropriate prescribed minimum weight for a submitted sample, the procedures specified in sub-paragraphs (f) to (j) shall be used;

(f) an empty pan shall be placed on each side of the divider to received the discharge from the chutes;

(g) the contents of one of the pans shall be set aside. The contents of the other pan shall be poured evenly along the entire length of the hopper;

(h) one receiving pan and its contents shall than be removed and replaced with an empty pan. The other pan, with its contents, shall be left in place;

(i) the contents of the pan removed at (h) shall be poured evenly along the entire length of the hopper so that two subsamples of different weight shall be produced;

(j) the procedures specified in sub-paragraphs (h) and (i) when repeated, constitute the process of continuous halving, and shall be repeated using whichever subsample is appropriate until sufficient seed is obtained in one pan, which when added to the seed set aside at (g) produces a submitted sample of at least the appropriate prescribed minimum weight;

(4) To obtain more than one submitted sample—

(a) two submitted samples shall be obtained from a composite sample by first obtaining a sample of at least twice the appropriate prescribed minimum weight for a submitted sample, using the procedures specified in sub-paragraphs (2)(a) to (e) and (3)(a) to (j) as appropriate, and then dividing it into two parts by passing it once through the divider;

(b) when three submitted samples are required from one composite sample, one sample of at least the appropriate prescribed minimum weight for a submitted sample, shall be extracted using the procedures specified in sub-paragraphs (2)(a) to (e) and (3)(a) to (j) as appropriate. All portions of seed which have been set aside shall then be recombined and the residue of the composite sample so obtained shall be subject to the procedure specified at sub-paragraph (a).

Commencement Information

I83 Sch. 5 para. 29 in operation at 31.12.2009, see reg. 1

Centrifugal divider N.I.

30.  The centrifugal divider shall consist of a hopper from which the seed flows on to a shallow cup that is then rotated by an electric motor. The seed shall be distributed by centrifugal force onto a stationary baffle that divides it into two equal parts that are then discharged through separate spouts. Four metal collecting vessels (pans) of sufficient depth to prevent seed bouncing out shall be used.

Commencement Information

I84 Sch. 5 para. 30 in operation at 31.12.2009, see reg. 1

Method of use N.I.

31.—(1) The method of using a centrifugal divider shall be as follows—

(a) the divider shall be levelled prior to use;

(b) the divider and pans shall be clean;

(2) For sample mixing—

(a) an empty pan shall be placed under each spout of the divider;

(b) the entire composite sample shall be poured into the centre of the hopper;

(c) the motor shall be operated so that the seed passes into the pans;

(d) the motor shall be switched off;

(e) the two pans containing seed shall be removed and replaced by empty ones;

(f) the contents of both pans removed at (e) shall be poured together into the centre of the hopper, the seed being allowed to blend as it flows in. The procedures specified in sub-paragraphs (c), (d) and (e) shall be repeated;

(g) the procedure specified in sub-paragraph (f) shall be repeated to mix the sample thoroughly;

(3) For sample reduction—

(a) before reduction, the composite sample shall have been thoroughly mixed using the procedures specified in sub-paragraphs (2)(a) to (g). The contents of one of the two receiving pans shall then be set aside. If the seed in the second pan is of at least the prescribed minimum weight for a submitted sample of a particular species of seed, it may be used as the submitted sample. If the weight of seed in the second pan is greater than the appropriate prescribed minimum weight for a submitted sample, it may be reduced using the procedures specified in sub-paragraphs (b) to (d);

(b) empty pans shall be placed under the spouts;

(c) the contents of the second pan shall be poured into the hopper and the procedures specified in sub-paragraphs (2)(c) and (d) shall be repeated;

(d) the contents of one of the two pans into which the seed has passed shall then be set aside. If the weight of seed in the other pan is still greater than the appropriate minimum prescribed weight for a submitted sample, it may be submitted intact or it may be reduced further using the procedures specified in sub-paragraphs (b) to (d);

(e) if the weight of seed in either of the two pans at either (a) or (d) is less than the appropriate prescribed minimum weight for a submitted sample, the procedures specified in sub-paragraphs (f) to (j) shall be used;

(f) empty pans shall be placed under the spouts;

(g) the contents of one of the pans shall be set aside, the contents of the other pan shall be poured into the centre of the hopper and the procedures specified in sub-paragraphs (2)(c) and (d) shall be repeated;

(h) one receiving pan and its contents shall then be removed and replaced with an empty pan; the other pan, with its contents, shall be left in place;

(i) the contents of the pan removed at (h) shall be poured into the centre of the hopper and the procedures specified in sub-paragraphs (2)(c) and (d) shall be repeated so that two sub-samples of different weight shall be produced;

(j) the procedures specified in sub-paragraphs (h) and (i) above, when repeated, constitute the process of continuous halving, and shall be repeated using whichever sub-sample is appropriate until sufficient seed is obtained in one pan, which when added to the seed set aside at (g) produces a submitted sample of at least the appropriate prescribed minimum weight;

(4) To obtain more than one submitted sample—

(a) two submitted samples shall be obtained from a composite sample by first obtaining a sample of at least twice the appropriate prescribed minimum weight for a submitted sample, using the procedures specified in sub-paragraphs (2)(a) to (g) and (3)(a) to (j) as appropriate, and then dividing it into two parts by passing it once through the divider;

(b) when three submitted samples are required from one composite sample, one sample, of at least the appropriate prescribed minimum weight for a submitted sample, shall be extracted using the procedures specified in sub-paragraphs (2)(a) to (g) and (3)(a) to (j) as appropriate. All portions of seed which have been set aside shall then be recombined and the residue of the composite sample so obtained shall be subject to the procedure specified in sub-paragraph (a).

Commencement Information

I85 Sch. 5 para. 31 in operation at 31.12.2009, see reg. 1

Moisture sample N.I.

32.  Primary samples of seed for moisture tests shall be drawn in such a way as to minimise exposure to the atmosphere. The composite moisture sample so collected may, if his licence permits it, be tested by a licensed seed sampler but shall in any other case be submitted intact to the testing station in an airtight container. It shall not be passed through a seed divider. Seed for moisture tests shall be kept separate from seed on which other determinations are to be made.

Commencement Information

I86 Sch. 5 para. 32 in operation at 31.12.2009, see reg. 1

Regulation 33

SCHEDULE 6 N.I. CERTIFICATE OF THE TAKING OF A SAMPLE OF SEEDS

Commencement Information

I87 Sch. 6 in operation at 31.12.2009, see reg. 1

Regulation 33

SCHEDULE 7 N.I. CERTIFICATES OF THE RESULTS OF TESTS OF SEEDS

PART 1 N.I. Cereal seeds

Commencement Information

I88 Sch. 7 Pt. 1 in operation at 31.12.2009, see reg. 1

PART 2 N.I. Fodder plant seed

Commencement Information

I89 Sch. 7 Pt. 2 in operation at 31.12.2009, see reg. 1

PART 3 N.I. Beet seeds

Commencement Information

I90 Sch. 7 Pt. 3 in operation at 31.12.2009, see reg. 1

PART 4 N.I. Vegetable seeds

Commencement Information

I91 Sch. 7 Pt. 4 in operation at 31.12.2009, see reg. 1

PART 5 N.I. Oil and fibre plant seeds

Commencement Information

I92 Sch. 7 Pt. 5 in operation at 31.12.2009, see reg. 1