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The Fodder Plant Seed (Wales) Regulations 2005

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24.—(1) No person shall market —

(a)any officially certified pre-basic, basic, CS, C1, C2 or commercial seed, or

(b)a mixture of seeds to which regulation 22 applies,

unless it is marketed in a sufficiently homogeneous seed lot or in part of such a seed lot.

(2) Subject to paragraph (3), no person shall market —

(a)any breeder’s seed;

(b)officially certified pre-basic, basic, CS, C1, C2 or commercial seed; or

(c)a mixture of seeds to which regulation 22 applies,

unless it is in a properly sealed package.

(3) Paragraph (2) shall not apply in the case of —

(a)the marketing to the final consumer of —

(i)seed of field beans or field peas not exceeding 3 kilograms in weight;

(ii)seed, other than seed of field beans and field peas, not exceeding 2 kilograms in weight; or

(iii)a mixture of seeds to which the provisions of regulation 22(1) and (2) apply not exceeding 7 kilograms in weight, or

(b)the marketing of officially certified C1 or C2 seed of field beans or field peas in bulk direct to the final consumer in a container that is closed after filling and in respect of which the person marketing the seed delivers a note to the final consumer containing the information that, if the seed had been contained in a package, would need to have been given on the official label on such package in accordance with regulation 26(7).

(4) In this regulation, in the case of breeder’s seed, “properly sealed package” means a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.

(5) In this regulation, in the case of a package of seed to which paragraph (6) applies and that has been sealed only once, “properly sealed package” means —

(a)in the case of a package of seed sealed in Wales, a sealed package of seed that has been sealed —

(i)no later than at the time of official sampling;

(ii)by a person to whom regulation 25(5) applies;

(iii)using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal; and

(iv)in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package;

(b)in the case of a package of seed sealed in —

(i)in the United Kingdom, elsewhere than in Wales, or

(ii)in another member State,

a sealed package of seed that has been sealed in accordance with the provisions of Article 9(1) of the Fodder Plant Seed Directive;

(c)in the case of a package of seed sealed in an equivalent third country, a sealed package of seed that has been sealed in accordance with the provisions of paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision.

(6) This paragraph applies to a package of officially certified pre-basic, basic, CS, C1, C2 or commercial seed other than a small EC B package of basic, CS, C1, C2 or commercial seed.

(7) In this regulation, in the case of a package of seed to which paragraph (8) applies and that has been sealed only once, “properly sealed package” means —

(a)in the case of a package of seed sealed in Wales, a sealed package of seed that has been sealed —

(i)by a person to whom regulation 25(5) applies;

(ii)using a non-reusable sealing system or some other sealing system that includes the use of an official label or the affixing of an official seal; and

(iii)in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package, or

(b)in the case of a package of seed sealed in —

(i)in the United Kingdom, elsewhere than in Wales, or

(ii)in another member State,

a sealed package of seed that has been sealed in accordance with the provisions of Article 9(1) of the Fodder Plant Seed Directive.

(8) This paragraph applies to a package of a mixture of seeds to which regulation 22 applies other than a small EC A or B package of such seed.

(9) In this regulation, in the case of a package of seed to which paragraph (10) applies and that has been sealed only once, “properly sealed package” means —

(a)in the case of a package of seed sealed in Wales, a sealed package of seed that has been sealed in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package,

(b)in the case of a package of seed sealed in —

(i)the United Kingdom, elsewhere than in Wales, or

(ii)another member State,

a sealed package of seed that has been sealed in accordance with the relevant provisions of Article 9(3) of the Fodder Plant Seed Directive.

(10) This paragraph applies to —

(a)a small EC A or B package of a mixture of seeds to which regulation 22 applies, and

(b)a small EC B package of officially certified basic, CS, C1, C2 or commercial seed.

(11) In this regulation, in the case of a package of seed to which paragraph (12) applies and that has been sealed more than once, “properly sealed package” means —

(a)in the case of a package of seed that has been resealed in Wales, a sealed package of seed that, on each occasion it has been resealed, has been resealed —

(i)by a person to whom regulation 25(5) applies, and

(ii)in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package;

(b)in the case of a package of seed that has been resealed in —

(i)the United Kingdom, elsewhere than in Wales, or

(ii)another member State,

a sealed package of seed that, on each occasion it has been resealed, has been sealed in accordance with the provisions of Article 9(2) of the Fodder Plant Seed Directive; and

(c)in the case of seed that has been resealed in an equivalent third country, a sealed package of seed that, on each occasion it has been resealed, has been resealed in accordance with the provisions of paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision.

(12) This paragraph applies to —

(a)a package of officially certified pre-basic, basic, CS, C1, C2 or commercial seed, other than a small EC B package of officially certified basic, CS, C1, C2 or commercial seed, and

(b)a package of a mixture of seeds to which regulation 22 applies, other than a small EC A or B package of such seeds.

(13) In this regulation, in the case of a package of seed to which paragraph (14) applies and that has been sealed more than once, “properly sealed package” means —

(a)in the case of a package of seed that has been resealed in Wales, a sealed package of seed that, on each occasion it has been resealed, has been resealed —

(i)by a person to whom regulation 25(5) applies, and

(ii)in such a manner that it cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package, and

(b)in the case of a package of seed that has been resealed in —

(i)the United Kingdom, elsewhere than in Wales, or

(ii)another member State,

a sealed package of seed that, on each occasion it has been resealed, has been resealed in accordance with the provisions of Article 9(3) of the Fodder Plant Seed Directive.

(14) This paragraph applies to —

(a)a small EC A or B package of a mixture of seeds to which regulation 22 applies, and

(b)a small EC B package of officially certified basic, CS, C1, C2 or commercial seed.

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