The Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016

PART III SUPERVISION AND ENFORCEMENT

Supervision and checking of licence holders

12.—(1) The Scottish Ministers must require an authorised officer to undertake the checks described in paragraphs (2) to (4) in the supervision of licensed crop inspectors, licensed seed samplers and licensed seed testing stations.

(2) At least 5% of all crop inspection results submitted to the Scottish Ministers by licensed crop inspectors each calendar year must be checked by an authorised officer who must undertake such crop inspections and such other investigations as are necessary to verify the accuracy of the results.

(3) At least 5% of all seed samples submitted to the Scottish Ministers by licensed seed samplers between 1st July and 30th June in the succeeding year must be checked by an authorised officer who must draw such samples and undertake such other investigations as are necessary to verify that the sampling has been undertaken in accordance with the requirements of seeds regulations.

(4) At least 5% of all seed test results submitted to the Scottish Ministers from licensed seed testing stations between 1st July and 30th June in the succeeding year must be checked by an authorised officer who must carry out such seed testing and such other investigations as are necessary to verify the accuracy of the results.

(5) The Scottish Ministers may require an authorised officer to undertake such other checks in relation to licence holders as the Scottish Ministers consider appropriate, for the purposes of ensuring compliance with these Regulations and the Seed Marketing Regulations.

Sampling for enforcement purposes

13.—(1) Paragraph (2) applies where a sample of seed is to be taken under section 25(5) of the Act for the enforcement of the Seed Marketing Regulations.

(2) Where a sample of seed is taken as mentioned in paragraph (1)—

(a) where the sample is to be subject to moisture testing, two moisture samples must be drawn from the sample for that purpose; and

(b) the sample must be divided to provide three parts of which—

(i) one part is to be delivered or sent to the owner of the seed or the owner’s representative together with, where applicable, one moisture sample drawn under sub-paragraph (a);

(ii) two parts are to be delivered or sent to the Official Seed Testing Station together with, where applicable, one moisture sample drawn under sub-paragraph (a); and

(iii) one of the parts delivered or sent under sub-paragraph (b)(ii) together with, where applicable, one moisture sample drawn under sub-paragraph (a) is to be officially examined for the purposes of the Seed Marketing Regulations and the other part must be retained for production to a court in accordance with section 26(7) of the Act.

(3) The procedures described in paragraph (2) are to be carried out by an authorised officer in accordance with the requirements of the Seed Marketing Regulations and where it appears to that officer that the sample that has been taken was purchased for use and not for resale, the first part of the sample is to be delivered or sent to the last seller of the seed or the last seller’s representative instead of to the owner of the seed or the owner’s representative.

(4) Where a part of a sample taken under this regulation has been officially examined for the purposes of the Seed Marketing Regulations, any residue from the sample may be used for such other tests as the Scottish Ministers may direct including for the purpose of the Community comparative tests and trials referred to in the Seed Marketing Directives.

(5) Subject to paragraph (6)(a), the minimum weight of a sample of seed taken as mentioned in paragraph (1) must be such as to ensure that each of the parts into which it is divided is of not less than the prescribed minimum weight for such a sample.

(6) Where a sample of seed to be taken under section 25(5) of the Act is for the enforcement of the Vegetable Seeds Regulations 1993(1) and is contained in small packages, then—

(a) instead of being of a prescribed minimum weight the sample must consist of as many such packages as the person taking the sample may require; and

(b) the sample is to be delivered or sent to the Official Seed Testing Station where it must be officially examined for the purposes of the Seed Marketing Regulations and the procedures set out in paragraphs (2) and (3) do not apply.

Certificates of taking and testing a sample

14.—(1) A certificate in the form set out in Schedule 1 relating to the taking of a sample of seed for the enforcement of Seed Marketing Regulations is prescribed for the purposes of section 26(3) of the Act.

(2) For the purposes of section 24(5) of the Act, the form of certificate of the result of a test of a sample of seed carried out at the Official Seed Testing Station for the enforcement of the Seed Marketing Regulations is prescribed—

(a) in relation to beet seed, in Part I of Schedule 2;

(b) in relation to cereal seed, in Part II of Schedule 2;

(c) in relation to fodder plant seed, in Part III of Schedule 2;

(d) in relation to oil and fibre plant seed, in Part IV of Schedule 2; and

(e) in relation to vegetable seed, in Part V of Schedule 2.

(1)

S.I. 1993/2008, amended by S.I. 1996/1452, S.I. 1997/616, S.I. 1999/1863, S.S.I. 2000/250, S.I. 2001/3510, S.S.I. 2007/305, S.S.I. 2010/219, S.S.I. 2010/425, S.I. 2011/1043 and S.S.I. 2013/326.