# The Fodder Plant Seed (Scotland) Regulations 2005, Regulation 16: Sealing of packages of fully certified seed

Extent: S

(1) Subject to regulations 18 and 19, no person shall market in accordance with regulation 6(1), 8, 8A, 9A, 9B, 11 or 12 a package (other than a small ... A or a small ... B package sealed in accordance with paragraph (4)) of Pre-basic Seed, Basic Seed, Seed of a Certified Generation, seed of an Conservation Variety, Commercial Seed, a mixture of seeds to which regulation 8 applies, seeds of a preservation mixture, test and trial seed, lower germination seed or early movement seed unless, subject to paragraph (2), it has been–
(a) (i) not later than at the time of sampling; or
(ii) in the case of seed which is wholly or partly repackaged, the original package has been not later than at the time of sampling,
sealed in Scotland by the Scottish Ministers or by ... a licensed seed sampler 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, in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package; or
(b) sealed in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.
(2) In the case of a package of seed in respect of which the Scottish Ministers have issued an official certificate under regulation 14(3)–
(a) paragraph (1)(a) shall apply as if the words “not later than at the time of sampling” were omitted; and
(b) subject to sub-paragraph (a), the package of seed shall be sealed in accordance with paragraph (1)(a) within 7 days of the issue of the official certificate.
(3) If a package of seed which has been sealed in accordance with paragraph (1) is opened it may not be marketed in accordance with regulation 6(1), 8, 8A, 9A, 9B, 11 or 12 unless it is resealed or further resealed–
(a) in Scotland by the Scottish Ministers or by ... a licensed seed sampler 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, in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the official label or package; or
(b) in any other part of the United Kingdom in accordance with the applicable requirements in the relevant part of the United Kingdom.
(4) No person shall market in accordance with regulation 6(1), 8, 9A, 9B, 11 or 12 a small ... A or a small ... B package of Pre-basic Seed, Basic Seed, Seed of a Certified Generation, seed of a Conservation Variety, Commercial Seed, lower germination seed or early movement seed, unless it has been, or in the case of seed which is wholly or partly repackaged, the original package has been, sealed by the Scottish Ministers or by ... a licensed seed sampler or by a person licensed or registered in any part of the United Kingdom as a professional seed operator under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or provisions equivalent to that regulation, not later than at the time of sampling in the United Kingdom with a sealing device in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.
(5) If a small ... A or a small ... B package of seed which has been sealed in accordance with paragraph (4) is opened, it may not be marketed in accordance with regulation 6(1), 8, 9A, 9B, 11 or 12 unless it is resealed or further resealed by the Scottish Ministers or by ... a licensed seed sampler or by a person licensed or registered in any part of the United Kingdom as professional seed operator under regulation 4(1)(a) of the Seed (Licensing and Enforcement etc.) (Scotland) Regulations 2016 or provisions equivalent to that regulation, with a sealing device, in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.
(6) No person shall market in accordance with regulation 6(1) a package of Breeder’s Seed unless it is marketed in a package which has been sealed with a sealing device in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.
(7) If a package of Breeder’s Seed which has been sealed in accordance with paragraph (6) is opened it may not be marketed in accordance with regulation 6(1) unless it is resealed or further resealed with a sealing device in such a manner that the package cannot be opened without damaging the sealing system or without leaving evidence of tampering on the label or package.

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Source: https://www.legislation.gov.uk/ssi/2005/329/regulation/16 (the official version)
Page: https://openlegislation.uk/fodder-plant-seed-scotland-regulations-2005/regulation-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.