Marketing of seed
6.—(1) Subject to the provisions of this Part, no person shall market any seed unless—
(a)it is marketed in seed lots or in parts of seed lots; and
(b)it is—
(i)seed of a plant variety of a species accepted on to a UK National List or the Common Catalogue and which is fully certified; or
(ii)Breeder’s Seed.
(2) Paragraph (1) shall not apply to the marketing of seed as grown if—
(a)the seed is marketed for processing;
(b)the identity of the seed is ensured; and
(c)the seed—
(i)has been harvested from a crop which has been found by an official field inspection to satisfy the conditions specified in Part I of Schedule 4 or Annex I(A) (crop conditions) of the Beet Seed Directive for the relevant category of seed; or
(ii)is seed that is of a Conservation Variety that has been harvested from a crop which has been found to satisfy the conditions specified in paragraph 2 of Part I of Schedule 4.
(3) Notwithstanding paragraph (1), no person shall market seed of a genetically modified variety unless it is clearly indicated, in the sales catalogue of the person marketing the seed and in any other marketing information or marketing representations provided by that person, as having been genetically modified.
(4) Where seeds are sampled for the official examination referred to in Schedule 2 or any other examination or test carried out by a European Authority other than the Scottish Ministers in an untreated state and are subsequently subjected to chemical treatment, the seller shall, upon or before delivering the seeds to the purchaser, provide him with a statement in writing that the seeds have been subsequently subjected to chemical treatment and specifying the chemical nature of such treatment.
(5) Any person marketing seed which has been imported from a country which is not an EEA state and which exceeds 2 kilograms of seed shall supply the Scottish Ministers in such manner and at such time as the Scottish Ministers may require the information in respect of the seeds specified in Part V of Schedule 6.
(6) Paragraph (1) shall not prevent the marketing of seeds of a variety intended for use solely as a component of a final variety where, by reason only of Article 3(2) (component varieties) of the Common Catalogue Directive, the component is not included on the UK National List and the seeds are not marketed under the names of the component.