PART IIICONTROL OF BEET SEED
Packaging21
1
No person shall market any officially certified pre-basic, basic or CS seed 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 any breeder’s seed or officially certified pre-basic, basic or CS seed unless it is in a properly sealed package.
3
Paragraph (2) shall not apply in the case of the marketing of seed not exceeding 2.5 kilograms in weight to the final consumer.
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 officially certified pre-basic, basic or CS seed, other than a small EC package of basic or CS seed, 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 22(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 11(1) of the Beet 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
In this regulation, in the case of a small EC package of officially certified basic or CS seed 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, and
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 11(3) of the Beet Seed Directive;
7
In this regulation, in the case of a package of officially certified pre-basic, basic or CS seed, other than a small EC package of basic or CS seed, 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 22(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 11(2) of the Beet 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.
8
In this regulation, in the case of a small EC package of officially certified basic or CS seed 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 22(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, 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 11(3) of the Beet Seed Directive.