PART IVPACKAGING AND LABELLING REQUIREMENTS FOR FULLY CERTIFIED SEED

Sealing of packages of fully certified seedI116

1

Subject to regulations 18 and 19, no person shall market in accordance with F8regulation 6(1), 8, 8A, 9A, 9B, 11 or 12 a package (other than a small F13... A or a small F13... B package sealed in accordance with paragraph (4)) of Pre-basic Seed, Basic Seed, F6Seed of a Certified Generation, seed of an Conservation Variety, Commercial Seed, a mixture of seeds to which regulation 8 applies, F9seeds of a preservation mixture,F1test 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 F2... 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

F16b

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 F10regulation 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 F3... 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

F17b

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 F5regulation 6(1), 8, 9A, 9B, 11 or 12 a small F14... A or a small F14... B package of Pre-basic Seed, Basic Seed, F7Seed 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 F4... a licensed seed sampler F11or 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 F15... A or a small F15... B package of seed which has been sealed in accordance with paragraph (4) is opened, it may not be marketed in accordance with F5regulation 6(1), 8, 9A, 9B, 11 or 12 unless it is resealed or further resealed by the Scottish Ministers or by F4... a licensed seed sampler F12or 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.