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17.—(1) A sample of seed taken for the purposes of an official examination shall be taken—
(a)by a European Authority or a licensed seed sampler in accordance with the terms of the licensed seed sampler’s licence;
(b)in accordance with the methods specified by Scottish Ministers in Sampling Guidance; and
(c)from a homogenous seed lot.
(2) A sample of seed of a Conservation Variety taken for the purposes of checking compliance with these Regulations shall comply with paragraph (1)(b) and (c) and Schedule 5.
(3) If a sample from a seed lot submitted or taken for the purpose of an official examination—
(a)is found not to have been taken in accordance with paragraph (1);
(b)is taken from a seed lot which does not comply with Schedule 5;
(c)is not a sample for moisture testing which complies with paragraph 2 of Schedule 5 or is a submitted sample and has not been taken in accordance with the provisions of paragraph 2 of Schedule 5; or
(d)is otherwise found not to have been taken in accordance with the seeds regulations;
(e)no, or no further, official examination of that sample shall be made under these Regulations, and any findings or results obtained in the course of any official examination of that sample, or from inspecting plants grown in a plot which has been sown with seed from that sample, shall be deemed null and void and shall be disregarded.
(4) For the avoidance of doubt, the provisions of this regulation apply for the purposes of issuing a breeder’s confirmation, as they do for the purposes of issuing an official certificate.
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