21.—(1) No person shall have in their possession any package of seed in respect of which a breeder’s confirmation for Pre basic Seed or Basic Seed has been applied for or issued unless it has been sealed in accordance with this regulation by the Scottish Ministers or by F1... 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 manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package.
(2) Sealing under paragraph (1) shall take place not later than at the time of sampling or, in the case of seed which is wholly or partly re packaged, the sealing of the original package shall take place no later than that time.
(3) Subject to paragraph (4), no person shall open a package of seed which has been sealed in accordance with paragraph (1) or re sealed in accordance with paragraph (4) except–
(a)for the purpose of sowing all the seed;
(b)where–
(i)some of the seed is sown immediately after the package is opened;
(ii)the rest of the seed remains in the package after the seed is sown in accordance with sub paragraph (i); and
(iii)the package is re sealed immediately after the seed is sown in accordance with sub paragraph (i); or
(c)for the purpose of re packaging and re sealing all of the seed.
(4) If a package of seed which has been sealed in accordance with paragraph (1), or re-sealed in accordance with this paragraph, is opened, whether in accordance with paragraph (3) or otherwise, neither it nor any other package containing any of that seed may be sealed, re sealed or further re sealed, as the case may be, except by the Scottish Ministers or by F1... a licensed seed sampler.
(5) If the details on any label required by regulation 22 cease to be correct as a consequence of any action of the kind described in paragraph (3) the label shall be replaced by the Scottish Ministers or by F1... a licensed seed sampler at the time the package is re sealed under paragraph (4).
Textual Amendments
F1Words in reg. 21(1)(4)(5) 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, 8
Commencement Information
I1Reg. 21 in force at 1.7.2005, see reg. 1(1)