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The Fodder Plant Seed (Wales) Regulations 2005

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Withdrawals

14.—(1) The National Assembly for Wales may withdraw the official certification in respect of a seed lot, or any part of a seed lot, if —

(a)the findings or results obtained from a sample of seed submitted or taken in connection with an application made under regulation 6, 11 or 13 relating to the seed lot, or from plants grown in a control plot that has been sown with seed from that sample, are to be disregarded in accordance with regulation 23(6);

(b)on the basis of information received by the National Assembly for Wales it is satisfied that the crop from which the seed in the seed lot was harvested did not meet the conditions laid down in Schedule 3 or Part I of Schedule 4; or

(c)on the basis of information received by the National Assembly for Wales it is satisfied that the seed in the lot, or part of the lot —

(i)did not meet the conditions laid down in Part II or III of Schedule 4 at the time the seed was tested for seed certification purposes, or

(ii)although it met the requirements of Part II of Schedule 4 at the time of such testing it no longer meets them.

(2) The National Assembly for Wales may withdraw the official certification in respect of a seed lot, or any part of a seed lot, by giving notice to —

(a)the person who made an application under regulation 11 in respect of the seed lot, or

(b)any person marketing, or who has marketed, any of the seed.

(3) Where the official certification of a seed lot, or part of a seed lot, is withdrawn under this regulation, the National Assembly for Wales may notify —

(a)the person who made an application under regulation 11 in respect of the seed lot,

(b)any person marketing, or who has marketed, any of the seed; and

(c)any person who has purchased, or been supplied with, any of the seed,

that the official certification in respect of the lot, or part of the lot (as the case may be) has been withdrawn.

(4) Where the official certification of a seed lot, or part of a seed lot, is withdrawn under this regulation, the person to whom notice is given under paragraph (2) shall, as soon as practicable, and in any case not later than 7 days after receiving the notice, notify any person to whom he or she has sold or supplied any of the seed of such withdrawal.

(5) Any person who has purchased seed from a seed lot, or part of a seed lot, for which official certification has been withdrawn under this regulation (not being a person notified under paragraph (2))shall notify any person to whom he or she has sold or supplied any of the seed of the withdrawal as soon as practicable after receiving notice of it —

(a)pursuant to paragraph (3), by the National Assembly for Wales, or

(b)pursuant to paragraph (4), by the person who sold or supplied the seed to him or her,

and, in any case, not later than 7 days after receiving such notice.

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