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The Vegetable Seeds Amendment (Scotland) Regulations 2010

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Amendment to Schedule 2

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10.  In Schedule 2 (official certificates)—

(a)in paragraph 1 for “or Certified Seed” substitute “, Certified Seed or Certified Seed of a Conservation Variety”;

(b)in paragraph 2, at the start, insert “Except in the case of Certified Seed of a Conservation Variety,”;

(c)after paragraph 2 insert—

2A.  In the case of Certified Seed of a Conservation Variety, the Ministers shall refuse to issue an official certificate in respect of a seed lot unless—

(a)an application has been made to the Ministers, in such form and manner and at such time as they may require, for registration by them of—

(i)the seed lot or seed lots to be used for the production of the crop or crops from which the seed lot is to be obtained; and

(ii)the crop or crops from which the seed lot is to be obtained;

(b)an examination of the crop of crops from which the seed lot was obtained shall have shown that the crop or crops meets paragraphs 2, 3, 4, 5, 6 and 7 of Part I of Schedule 4; and

(c)an examination of a sample of the seed lot shows that the seed meets paragraphs 2 and 3 of Part II of Schedule 4.;

(d)in paragraph 3, at the start, insert “Except in the case of Certified Seed of a Conservation Variety,”; and

(e)after paragraph 3 insert—

3A.  In the case of Certified Seed of a Conservation Variety the Ministers may refuse to issue an official certificate in respect of a seed lot if it appears to them that—

(a)a sample of the seed lot taken for the purpose of an examination in order to ascertain whether the seed lot meets the appropriate standards set out in paragraphs 2 and 3 of Part II of Schedule 4 has not been taken in accordance with the requirements contained in Schedule 5;

(b)official post control shows that the seed does not have sufficient varietal purity; or

(c)there has been any breach of seeds regulations in relation to the seed lot in respect of which an application for an official certificate has been made..

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