18.—(1) Subject to regulation 14, no person shall market a package of seeds, unless it has been sealed in accordance with paragraph (2).
(2) The package has been—
(a)sealed in Scotland by the Scottish Ministers or by a licensed seed sampler using a non-re-usable sealing system or some other sealing system—
(i)not later than at the time of sampling, or in the case of seed which is wholly or partly re-packaged, the original package has been sealed not later than at the time of sampling;
(ii)including the use of an official label or the affixing of an official seal; and
(iii)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; or
(b)sealed—
(i)in the UK but not in Scotland; or
(ii)in an EEA state other than the UK,
in accordance with the provisions of Article 11 (sealing of packages) of the Beet Seed Directive.
(3) In the case of a package of seed in respect of which the Scottish Ministers have issued an official certificate under paragraph (3) of regulation 15—
(a)paragraph (2)(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 (2)(a) within 7 days of the issue of the official certificate.
(4) If a package of seed which has been sealed in accordance with paragraph (2) is opened, it may not be marketed in accordance with these Regulations unless it is immediately re-sealed or further re-sealed in Scotland by the Scottish Ministers or by a licensed seed sampler using a non-reusable sealing system or some other sealing system including the use of an official label or the affixing of an official seal.
(5) No person shall market in accordance with these Regulations a small EC package of seed unless it has been sealed—
(a)in accordance with paragraph (2)(a)(i) and (iii); or
[F1(b)by a licensed seed sampler or a person licensed by the Scottish Ministers as a professional seed operator under regulation 4(1)(a) (determination of licences) of the 2016 Regulations or by a person licensed or registered by a National Authority other than the Scottish Ministers under provisions equivalent to that regulation, using a sealing device and sealed in the manner outlined in paragraph (2)(a)(i) and (ii).]
(6) If a small EC package of seed sealed in accordance with paragraph (5) is opened, it may not be marketed unless it is re-sealed in accordance with paragraph (5).
(7) No person shall market a package of Breeder's Seed in accordance with these Regulations 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 leaving evidence of tampering.
(8) If a package of Breeder's Seed sealed in accordance with paragraph (7) is opened, it may not be marketed unless it is re-resealed in accordance with paragraph (7).
(9) No person shall have in their possession a package of seed for 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 paragraph (2).
(10) No person shall open a package of seed referred to in paragraph (9) and sealed in accordance with paragraph (2) 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.
(11) If a package of seeds referred to in paragraph (9) and sealed in accordance with paragraph (2) shall have been opened, neither it nor any other package containing any of those seeds may be sealed, re-sealed or further re-sealed (as the case may be) except by the Scottish Ministers or by a licensed seed sampler in accordance with paragraph (2).
(12) If the details on any label required by regulation 19 cease to be correct as a consequence of any action of the kind described in paragraph (10) above the label shall be replaced by the Scottish Ministers or by a licensed seed sampler at the time the package is re-sealed under paragraph (11).
Textual Amendments