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3.—(1) The Fodder Plant Seeds Regulations (Northern Ireland) 1994(1) shall be amended as follows.
(2) In regulation 3(2) (interpretation) after the definition of “Commercial Seed” there shall be inserted the following definition –
““Excepted Seed Marketed in Bulk” means Certified Seed of the First Generation or Certified Seed of the Second Generation –
which is marketed in bulk direct to the final consumer in a container that is closed after filling; and
in respect of which a random sample has been taken in accordance with paragraph 8A of Schedule 5, by a person authorised in that behalf.”.
(3) In regulation 8 (sealing of packages) –
(a)in paragraph (1) for the words “A person” substitute “Subject to paragraph (1A), a person”; and
(b)after paragraph (1) insert –
“(1A) Paragraph (1) shall not apply to Excepted Seed Marketed in Bulk.”.
(4) In regulation 9 (labelling of packages) –
(a)in paragraph (1) for the words “Subject to paragraph (12)” substitute “Subject to paragraphs (1C) and (12)”; and
(b)after paragraph (1B) insert –
“(1C) Paragraph (1) shall not apply to Excepted Seed Marketed in Bulk.”.
(5) After regulation 9A insert –
9B. On delivery of Excepted Seed Marketed in Bulk to the final consumer, the supplier shall also deliver to the final consumer a note containing the information given on the official label on the container from which seed was taken.
9C. A supplier of seed shall prior to 10th January 2004 and prior to 10th January in each year thereafter notify, the Department, in such manner as it may from time to time specify, of the quantities of Excepted Seed Marketed in Bulk by that supplier in the period from 1st January to 31st December in the immediately preceding year.”.
(6) After paragraph 8 of Schedule 5 insert –
“8A. Random sampling of seed lots of seed which is intended to be Excepted Seed Marketed in Bulk shall be carried out in accordance with the requirements of this Schedule during the filling of the container used by the final consumer into which the seed is placed.”.
S.R. 1994 No. 252 as amended by S.R. 1996 No. 311, S.R. 1997 No. 240, S.R. 2000 No. 54 and S.R. 2001 No. 329
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