[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutory Instruments made by the National Assembly for Wales
You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Seed (Registration, Licensing and Enforcement) (Wales) Regulations 2005 No. 3038 (W.226) URL: http://www.bailii.org/wales/legis/num_reg/2005/20053038e.html

[New search] [Help]

(a) Council Directive 2002/54/EC[3] on the marketing of beet seed, as last amended by Council Directive 2004/117/EC[4];

(b) Council Directive 66/402/EEC[5] on the marketing of cereal seed, as last amended by Council Directive 2004/117/EC;

(c) Council Directive 66/401/EEC[6] on the marketing of fodder plant seed, as last amended by Council Directive 2004/117/EC;

(d) Council Directive 2002/57/EC[7] on the marketing of oil and fibre plant seed as last amended by Council Directive 2004/117/EC; and

(e) Council Directive 2002/55/EC[8] on the marketing of vegetable seed, as last amended by Council Directive 2004/117/EC;

"the Seed Marketing Regulations" means—

(a) in relation to beet seed, the Beet Seed (Wales) Regulations 2005[9];

(b) in relation to cereal seed, the Cereal Seed (Wales) Regulations 2005[10];

(c) in relation to fodder plant seed, the Fodder Plant Seed (Wales) Regulations 2005[11];

(d) in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Wales) Regulations 2004[12]); and

(e) in relation to vegetable seed, the Vegetable Seed (Wales) Regulations 2005[13]); and

"statutory seed testing" means seed testing carried out for the purposes of the Seed Marketing Regulations.

    (2) Subject to paragraph (3), in these Regulations "marketing" means—

(a) selling, holding with a view to sale and offering for sale, and

(b) any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,

whether or not for consideration, and "market" and "marketed" shall be construed accordingly.

    (3) Trade in seed not aimed at commercial exploitation of the variety, such as the following operations—

(a) the supply of seed to official testing and inspection bodies, and

(b) the supply of seed to a person who provides processing or packaging services but who does not thereby acquire title to the seed supplied,

shall not be regarded as marketing of seed of that variety.

    (4) All applications, statements of commitment, representations, notices and requests to which these Regulations apply shall be made in writing.

    (5) "Writing" in paragraph (4) shall include an electronic communication within the meaning of the Electronic Communications Act 2000[14]) provided that—

(a) any document of the type referred to in paragraph (4) shall only be sent to the National Assembly by an electronic communication if the National Assembly has represented that electronic communication is a means by which persons can send such a document to it, and

(b) notifications required to be made by the National Assembly to any person shall only be made by an electronic communication if the intended recipient has used the same form of electronic communication in communicating with the National Assembly pursuant to any provision of these Regulations or has otherwise represented that that form of electronic communication is a means by which the National Assembly can communicate with the intended recipient.

    (6) Expressions in these Regulations which are not defined in the preceding paragraphs of this regulation and which appear in the Seed Marketing Regulations have the same meaning in these Regulations as they have in those Regulations.

Registrations
     5. —(1) Where an application is made under regulation 4 the National Assembly shall, after carrying out such investigations and inspections as it may think fit, register the applicant as a person who may engage in the seed industry activity to which his or her application relates if it is satisfied that the applicant is a suitable person to engage in such activity.

    (2) In deciding whether an applicant is a suitable person to engage in the seed industry activity to which his or her application relates the National Assembly may take into account the matters specified in Part I of Schedule 1.

Conditions to be complied with by registered persons
     6. A registration granted under regulation 5 may be subject to any of the conditions specified in Part II of Schedule 1 and such other conditions as the National Assembly may think necessary or desirable.

Termination of registrations
     7. If a registered person requests the National Assembly to terminate his or her registration in respect of any or all of the seed industry activities that the person is registered as being entitled to engage in the National Assembly shall comply with the request.

Revocation of registrations
     8. Subject to regulation 36, the National Assembly may revoke a person's registration relating to his or her entitlement to engage in a seed industry activity if—

(a) it is satisfied that the person is not complying with any of the conditions to which his or her registration is subject;

(b) it is satisfied that there is no longer available to the person such premises, machinery, equipment, facilities or personnel and services as are necessary to enable the person to engage in the seed industry activity;

(c) the person has been found guilty of committing any offence under section 16(7) of the Act; or

(d) it is otherwise no longer satisfied that the person is a suitable person to engage in the seed industry activity.

List
     9. The National Assembly—

(a) shall keep a list containing the names and addresses of registered persons who may engage in a seed industry activity specifying, in the case of each registered person, the seed industry activity in respect of which they are registered;

(b) shall make the list available for inspection by any person at any reasonable time; and

(c) may from time to time publish the list in such manner as it thinks appropriate.

    (3) A licensed crop inspector who is employed by a person who is engaged in a seed industry activity shall carry out crop inspections only on crops grown by or on behalf of his or her employer unless otherwise agreed between his or her employer, the applicant for certification and by the National Assembly.

Variation of licences
     12. —(1) A crop inspector may apply to the National Assembly for the crop inspector's licence to be varied so as to authorise the crop inspector to inspect crops being grown to produce seed of another species and category listed in Part I of Schedule 2 in addition to the species and category specified in his or her licence or instead of such species and category.

    (2) Where an application is made under paragraph (1) it shall be treated as though it had been made under regulation 10(1) and the National Assembly may vary a crop inspector's licence so as to authorise the crop inspector to inspect crops of the species and category to which the crop inspector's application relates if it is satisfied that the applicant has satisfied the requirements of regulation 11(1).

    (3) In varying a licence under paragraph (2) the National Assembly may vary the functions of the crop inspector specified in his or her licence and the conditions imposed by his or her licence.

    (4) Subject to regulation 36, the National Assembly may vary a crop inspector's licence whether or not it has received any application under this regulation by—

(a) removing his or her authorisation to inspect a species and category of crop if it is satisfied that the crop inspector is no longer qualified to inspect crops of that species and category or that his or her authorisation to inspect such crops is otherwise no longer appropriate; or

(b) varying the functions or the conditions set out in the licence.

Termination of licences
     13. If a licensed crop inspector requests the National Assembly to terminate his or her licence the National Assembly shall comply with the request.

Suspension and revocation of licences
     14. Subject to regulation 36, the National Assembly may suspend or revoke a licensed crop inspector's licence if it is satisfied that the licence holder—

(a) is no longer qualified to inspect crops of the species and category to which his or her licence relates or is otherwise unfit to perform any of the functions of a licensed crop inspector specified in the licence, or

(b) has failed to comply with any of the conditions imposed on the holder by the licence.

List
     15. The National Assembly—

(a) shall keep a list of the names and addresses of licensed crop inspectors and shall specify in the case of each crop inspector the species and category of crops which the crop inspector is licensed to inspect;

(b) shall make the list available for inspection by any person at any reasonable time; and

(c) may from time to time publish the list in such manner as it thinks appropriate.

Fees
     16. A licensed crop inspector may charge reasonable fees for carrying out his or her functions as a licensed crop inspector but shall not derive any private gain in connection with the carrying out of such functions.

    (3) A licensed seed sampler who is employed by a person who is engaged in a seed industry activity shall only sample seed lots produced by or on behalf of his or her employer unless otherwise agreed between his or her employer, the applicant for certification and by the National Assembly.

Variation of licences
     19. Subject to regulation 36, the National Assembly may vary a seed sampler's licence as it thinks fit.

Termination of licences
     20. If a seed sampler requests the National Assembly to terminate his or her licence the National Assembly shall comply with the request.

Suspension and revocation of licences
     21. Subject to regulation 36, the National Assembly may suspend or revoke a seed sampler's licence if it is satisfied that the seed sampler—

(a) is no longer qualified to sample seed or is otherwise unfit to perform any of the functions specified in his or her licence; or

(b) is not carrying out the functions specified in his or her licence or complying with the conditions imposed on the seed sampler by the licence.

List
     22. The National Assembly—

(a) shall keep a list of the names and addresses of licensed seed samplers;

(b) shall make the list available for inspection by any person at any reasonable time; and

(c) may from time to time publish the list in such manner as it thinks appropriate.

Fees
     23. A licensed seed sampler may charge reasonable fees for carrying out his or her functions as a licensed seed sampler but shall not derive any private gain in connection with the carrying out of such functions.

Licences
     25. —(1) Where an application is made in accordance with regulation 24 the National Assembly shall license the establishment to be used as a laboratory that may carry out statutory seed testing of the species specified in that application if it is satisfied that the laboratory is suitable having regard to the matters to be taken into account in Part I of Schedule 4.

    (2) A LSTS belonging to a registered person shall only carry out statutory seed testing on seed lots produced by or on behalf of that person unless otherwise agreed between the registered person, the applicant for certification and the National Assembly.

    (3) The licence shall be subject to the conditions set out in Part II of Schedule 4 and such other conditions as the National Assembly may think necessary or desirable having regard to the species of seed to be tested, the nature of the tests to be carried out and the procedure to be followed in connection with such tests.

Variation of licences
     26. —(1) The person in charge of a LSTS may apply to the National Assembly for the licence held in respect of that LSTS to be varied so as to authorise its use as a laboratory that may carry out statutory seed testing on another species of seed in addition to the species specified in the licence or instead of such species.

    (2) Where an application is made under paragraph (1) the National Assembly shall vary the licence so as to authorise the laboratory to which it relates to carry out statutory seed testing on the species of seed to which that application relates if it is satisfied that the laboratory is suitable, having regard to the matters to be taken into account in Part I of Schedule 4.

    (3) In varying a licence under paragraph (2) the National Assembly may vary the conditions imposed by the licence.

    (4) Subject to regulation 36, the National Assembly may vary a LSTS licence whether or not it has received any application under this regulation—

(a) by removing the authorisation relating to the statutory seed testing of a species of seed if it is satisfied that the LSTS is no longer suitable to carry out statutory seed tests in respect of that species or that the authorisation to test such seed is otherwise no longer appropriate; or

(b) by varying the conditions imposed by a LSTS licence.

Examinations
     27. —(1) For the purposes of this Part and Schedule 4—

(a) a seed analyst is a person who—


(i) has completed a training course organised by, or on behalf of, the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development relating to seed testing in respect of seed of the species being tested, or to be tested, by the person; and

(ii) having completed such a course, has passed the relevant examination organised by, or on behalf of, the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development;



(b) an Analyst in Charge is a person who, being also a seed analyst, has—



(i) completed the training course and passed the examination required of a seed analyst in respect of seed of each of the species which may be tested at the LSTS for which he or she has, or is to have, responsibility; and

(ii) passed an examination relating to laboratory management organised by, or on behalf of, the National Assembly, the Secretary of State, the Scottish Ministers or the Department of Agriculture and Rural Development.

    (2) The National Assembly may from time to time require any seed analyst carrying out statutory seed testing at a LSTS or the Analyst in Charge of a LSTS to attend such further training courses and undergo such further examinations as it considers appropriate in order to maintain his or her knowledge and qualifications in respect of his or her functions at the LSTS.

Duties of seed analysts in charge of LSTSs
     28. A person acting as the Analyst in Charge of a LSTS shall—

(a) have direct responsibility for the technical operations of the LSTS ;

(b) be in effective control of all the statutory seed testing carried out at the LSTS; and

(c) exercise close supervision of the work of any seed analyst assisting the person in connection with statutory seed testing carried out at the LSTS.

Suspension and revocation of licences
     29. Subject to regulation 36, the National Assembly may suspend or revoke a LSTS licence if it appears to it that—

(a) there has been a breach of any conditions of the licence;

(b) a person acting as a Analyst in Charge of a LSTS—


(i) is no longer qualified to act as such,

(ii) has failed to comply with the duties imposed on the person by regulation 28, or

(iii) is otherwise unfit to perform his or her duties; or



(c) a seed analyst carrying out statutory seed testing at the LSTS is no longer qualified to do so.

List
     30. The National Assembly

(a) shall prepare a list of LSTSs and shall specify in the case of each LSTS the species of seed which it is licensed to test;

(b) shall make the list available for inspection by any person at any reasonable time; and

(c) may from time to time publish the list in such manner as it thinks appropriate.

Fees
     31. —(1) The person in charge of a LSTS may charge reasonable fees for statutory seed testing carried out on seed at the LSTS but shall not derive any private gain from such tests.

    (2) The National Assembly may charge the person in charge of a LSTS reasonable fees in respect of costs incurred by the National Assembly in connection with the licensing and supervision of the LSTS and the statutory seed testing carried out there.

except that where it appears to the person taking the sample that the seed from which the sample has been taken was purchased for use and not for resale, the first part of the sample shall be delivered or sent to the last seller of the seed or to his or her representative instead of to the owner of the seed or his or her representative.

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

    (3) Subject to paragraph (4), the minimum weight of the sample of seed shall 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 the sample.

    (4) Where the seed from which a sample is to be taken for the enforcement of the Vegetable Seed (Wales) Regulations 2005 is contained in small packages, the sample shall consist of as many such packages as the person taking the sample may reasonably require.

Certificates of taking and testing a sample
     33. —(1) A certificate in the form set out in Schedule 6 of 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) A certificate of the result of a test of a sample of seed carried out for the enforcement of the Seed Marketing Regulations is prescribed for the purposes of section 24(5) of the Act, in the form set out in Schedule 7 which corresponds with the species of seed tested.

and the variation, suspension or revocation shall have effect in accordance with the notice.

    (6) When a variation, suspension or revocation has effect the National Assembly may, for any purposes in relation to these Regulations or a determination under these Regulations, continue to have regard to such of the official measures carried out under an arrangement which was varied, suspended or revoked as appear to it to be official measures carried out in accordance with the provisions of these Regulations.

Fees
     35. —(1) The National Assembly may charge any person, including any person with whom an arrangement has been made under regulation 34, reasonable fees in respect of the costs the National Assembly reasonably incurs in carrying out official measures for the purposes of these Regulations.

    (2) A person with whom an arrangement has been made in accordance with regulation 34, may charge any other person reasonable fees in respect of costs reasonably incurred in carrying out official measures under the responsibility or control of the National Assembly in accordance with these Regulations.

    (3) Where a person has been given notice—

(a) by or on behalf of the National Assembly of a fee duly charged in accordance with paragraph (1); or

(b) by a person with whom an arrangement has been made under regulation 34 of a fee duly charged in accordance with paragraph (2),

the person given the notice shall pay as specified in the notice the amount of the fee so charged.

Right to make representations
     36. —(1) The National Assembly shall not—

(a) refuse to register a person as a person who may engage in a seed industry activity;

(b) revoke the registration of a person as a person who may engage in a seed industry activity;

(c) refuse to grant or vary a crop inspector's licence;

(d) vary a crop inspector's licence pursuant to regulation 12(4);

(e) suspend or revoke a licensed crop inspector's licence;

(f) refuse to grant a seed sampler's licence

(g) vary a licensed seed sampler's licence;

(h) suspend or revoke a licensed seed sampler's licence;

(i) refuse to grant or vary a LSTS licence;

(j) vary a LSTS licence pursuant to regulation 26(4); or

(k) suspend or revoke a LSTS licence;

unless it has complied with the provisions of this regulation.

    (2) The National Assembly shall—

(a) give the person concerned notice stating what it is proposing to do and the reasons for it; and

(b) inform the person concerned of his or her right to make representations to it and of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations may be made.

    (3) In this regulation, the person concerned in the case of any notice served in connection with a LSTS shall be the person in charge of the LSTS.

    (4) Subject to paragraph (5), the National Assembly shall not proceed with its proposed refusal, variation, suspension or revocation (as the case may be) until the period allowed for making representations has passed.

    (5) Where the National Assembly considers it necessary to suspend a crop inspector's licence, a seed sampler's licence or a LSTS licence, with immediate effect, it may do so notwithstanding the right of the person concerned to make representations and when it gives notice of its decision under paragraph (7) it shall—

(a) indicate whether the suspension should for the time being remain in force; or

(b) withdraw the suspension of the licence.

    (6) A person who makes representations to the National Assembly shall provide the National Assembly with a copy of any document upon which that person seeks to rely within the time allowed for the making of such representations.

    (7) The National Assembly shall consider any representations made to it under this regulation before giving the person concerned notice of its decision together with the reasons for it and, where appropriate, of the date from which the decision shall have effect.

    (8) A notice under paragraph (7) shall where applicable inform the person concerned of—

(a) his or her right to appeal to the Tribunal[15] against the National Assembly's decision; and

(b) the time within which such an appeal may be brought.

    (9) There shall be no right of appeal to the Tribunal where the National Assembly—

(a) has refused to grant a crop inspector's licence or a seed sampler's licence for the sole reason that that person failed to pass the relevant examination for the grant of the licence;

(b) has refused to vary a crop inspector's licence for the sole reason that that person failed to pass the relevant examination for the variation of the licence; or

(c) has decided that a licensed crop inspector or licensed seed sampler is no longer qualified to inspect crops or sample seed (as the case may be) and has—


(i) in the case of a crop inspector varied, suspended or revoked his or her licence, or

(ii) in the case of a licensed seed sampler suspended or revoked his or her licence



for the sole reason that that person failed to pass an examination which that person was required to undergo as a condition of his or her licence.

    (10) The National Assembly may charge any person making representations under this regulation reasonable fees in that connection which shall be payable on making the representations to it.

Appeals
     37. —(1) A person notified of his or her right to appeal under regulation 36(8) may bring an appeal to the Tribunal.

    (2) The National Assembly shall take such steps as may be necessary to give effect to any decision of the Tribunal given on the final determination of an appeal under paragraph (1).

Extension of time
     38. Where any document is to be delivered or given or any act is to be done in a time prescribed by these Regulations the National Assembly may, if in all the circumstances of the case it considers it reasonable, extend the time for such period and upon such terms as it thinks fit.

Form of records
     39. Any record required to be kept under these Regulations may be in written or electronic form and shall be kept for at least three years.

Form of lists
     40. Any list required to be kept by the National Assembly under these Regulations may be in written or electronic form.

Service of notices
     41. —(1) Any notice required by virtue of these Regulations to be given to any person by the National Assembly may be given by it—

(a) by delivering it to the person or by leaving it at the person's proper address or by sending it by post to the person at that address;

(b) if the person is a body corporate other than a limited liability partnership, by giving it in accordance with paragraph (a) on the secretary of the body;

(c) if the person is a limited liability partnership, by giving it in accordance with paragraph (a) on a member of the partnership; or

(d) if the person is a partnership, by giving it in accordance with paragraph (a) on a partner or a person having control of the management of the partnership business.

    (2) For the purposes of this regulation and section 7 of the Interpretation Act 1978[16] (service of documents by post) in its application to this regulation, the proper address of any person to whom a notice is to be given shall be his or her last known address, except that—

(a) in the case of a body corporate (other than a limited liability partnership) or its secretary, it shall be the address of the registered or principal office of the body;

(b) in the case of a limited liability partnership or a member of the partnership, it shall be the address of the registered or principal office of the partnership; and

(c) in the case of a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership.

    (3) Paragraph (4) applies if a person to be given a notice under these Regulations by the National Assembly has specified to it an address within the United Kingdom other than his or her proper address (as determined under paragraph (2)) as the one at which the person or someone on his or her behalf will accept notices of that description.

    (4) In relation to that notice, that address shall be treated as his or her proper address for the purposes of this regulation and section 7 of the Interpretation Act 1978 in its application to this regulation, instead of that determined under paragraph (2).

Revocations, transitional and savings provisions
     42. —(1) Subject to the following provisions of this regulation, the following Regulations are revoked—

(a) The Seeds (Registration, Licensing and Enforcement) Regulations 1985[17] ("the 1985 Regulations") in relation to Wales and

(b) The Seed (Fees) Regulations 1985[18] ("the 1985 Fees Regulations") in relation to matters arising under the 1985 Regulations in relation to Wales.

    (2) Any application made to the National Assembly in accordance with regulation 4(2) of the 1985 Regulations but not determined at the coming into force of these Regulations shall be treated as an application referred to in regulation 4(1) of these Regulations and shall be determined in accordance with these Regulations.

    (3) Any registration made pursuant to regulation 4(3) of the 1985 Regulations and having effect at the coming into force of these Regulations shall have effect as though it were a registration made pursuant to regulation 5 of these Regulations;

    (4) Subject to paragraph (6)—

(a) any licence granted to a seed testing station pursuant to regulation 9(1) of the 1985 Regulations and having effect at the coming into force of these Regulations shall have effect as though it were a licence granted pursuant to regulation 25 of these Regulations; and

(b) any licence granted to a crop inspector or seed sampler pursuant to regulation 10(1) of the 1985 Regulations and having effect at the coming into force of these Regulations shall have effect as though it were a licence granted pursuant to regulation 11 of these Regulations in the case of a crop inspector and regulation 18 of these Regulations in the case of a seed sampler.

    (5) The right to make representations pursuant to regulation 36 of these Regulations and to appeal to the Tribunal pursuant to regulation 37 of these Regulations shall not apply in respect of any licence which was granted under the 1985 Regulations and which is varied within three months of the coming into force of these Regulations.

    (6) Any fee arising (whether wholly or in part) under the 1985 Regulations or the 1985 Fees Regulations but not paid at the coming into force of these Regulations shall be treated as a fee arising under these Regulations and shall be recoverable accordingly.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[19]


D. Elis-Thomas
The Presiding Officer of the National Assembly

1 November 2005

Regulation 32 (1)


SAMPLING

     1. A sample shall be obtained from the seed lot by taking primary samples systematically or at random from different positions in the lot and combining them to form a composite sample. The composite sample may be submitted for testing intact but if the composite sample is too large it may be reduced in weight by using a riffle divider or a centrifugal divider, to give the submitted sample.

Primary sample size
     2. At each position of sampling of a seed lot, primary samples of approximately equal size shall be taken.

Condition of the Seed Lot
     3. The seed lot to be sampled shall have been subject to appropriate mixing and blending techniques so that it is as uniform as practicable. There shall be no documentary or other evidence of heterogeneity. If a seed lot is presented for sampling in more than one container, the containers shall be of the same size and type and contain approximately the same weight of seed.

     4. When the seed lot is in sacks or similar sized containers each containing at least 15 kg of seed and not more than 100 kg of seed, the minimum number of containers to be sampled shall be in accordance with the following table:—

NUMBER OF CONTAINERS IN THE LOT	MINIMUM NUMBER OF CONTAINERS TO BE SAMPLED
1— 4	3 primary samples from each container.
5— 8	2 primary samples from each container.
9— 15	1 primary sample from each container.
16— 30	A total of 15 primary samples with each sample beingtaken from a different container.
31— 59	A total of 20 primary samples with each sample beingtaken from a different container.
60 or more	A total of 30 primary samples with each sample beingtaken from a different container.

     5. The containers to be sampled shall be selected systematically or at random and primary samples drawn from the top, middle and the bottom of containers, but not necessarily from more than one position in any container. The position from which the seed is taken shall be varied from container to container.

Sampling from small containers
     6. For sampling seed lots in containers holding less than 15kg of seed, a 100kg weight of seed shall be taken as the basic unit and the small containers shall be combined to form sampling units not exceeding this weight (for example, eight packages of 12kg or twenty packages of 5kg). For sampling purposes each unit shall be regarded as one container and the sampling procedures prescribed in paragraphs 4 and 5 shall be used.

     7. When seed is in moisture-proof containers the opened or pierced container shall be adequately closed or the residues from sampling transferred to new containers. When seeds are in packets of 100g or less each packet may be considered as a primary sample and sufficient shall be taken at random to obtain a submitted sample of the prescribed minimum weight.

Sampling from large containers or seed in bulk
     8. For the sampling of containers holding more than 100kg of seed, and for the sampling of seed in bulk, primary samples shall be taken from different horizontal and vertical positions selected at random and the following shall be regarded as the minimum requirement—

LOT WEIGHT	NUMBER OF PRIMARY SAMPLES TO BE TAKEN
Up to 500kg	At least five primary samples
501—3,000kg	One primary sample for each 300kg but not less than 5
3,001—20,000kg	One primary sample for each 500kg but not less than 10
20,001kg and above	One primary sample for each 700kg but not less than 40

Sampling from a seed stream
     9. Samples may be drawn from a seed stream during processing using an automatic sampling device, which shall uniformly sample the entire cross-section of the seed stream when a sample is taken. Portions of seed shall be taken at regular intervals throughout the processing of the lot using the same sampling intensity for seed in bulk as specified in paragraph 8.

Sampling Instruments
     10. Sampling instruments shall be capable of sampling all parts of the seed lot. A dynamic spear sampler, stick sampler, cargo sampler or seed stream sampler of the type specified in paragraphs 12 to 14, 15 to 17, 18 or 19 respectively shall be used, as appropriate to the location of the seed, to draw primary samplers in accordance with the method described in paragraphs 21, 22 and 23, 24 or 25 respectively.

     11. Where it is not practicable to use an instrument of the type referred to in paragraph 10 in accordance with a method referred to in paragraph 10 another instrument or method may be used at the discretion of the National Assembly.

Dynamic spear sampler
     12. A dynamic spear sampler may be used, in accordance with the method described in paragraph 21, for sampling seed in sacks or small containers. It shall be a hollow, cylindrical, solid-pointed metal spear or trier which shall be long enough to reach beyond the middle of the sack from the side and shall have an aperture so positioned that portions of seed of equal volume are removed from each part of the sack through which it travels.

     13. In sampling seed of the species specified in column (1) of the following table a dynamic spear sampler shall be used of a type specified in column (2) and the type of spear used in respect of each species shall not be smaller than the type specified in the corresponding entry in column (2)—

(1)	(2)
Species of seed	Type of dynamic spear sampler
Alaska brome-grass	B
Alsike clover	A
Annual meadowgrass	A
Asparagus	B
Barley	B
Beetroot	B
Birdsfoot trefoil	A
Black medick	A
Black mustard	A
Blue lupin (narrow leaved lupin)	C
Borecole	A
Broad bean	D
Brown mustard	A
Brown top	A
Brussels sprouts	A
Cabbage	A
Calabrese	A
Carrot	A
Cauliflower	A
Celeriac	A
Celery	A
Chard	A
Cheltenham beet	B
Chicory	A
Chinese cabbage	A
Cocksfoot	B
Common vetch	C
Creeping bent	A
Cucumber	B
Curley kale	A
Durum wheat	B
Endive	A
Festulolium	B
Field bean	C
Field pea (fodder pea)	B
Flax or linseed	B
Fodder beet	B
Fodder kale	A
Fodder radish	A
Fodder rape	A
French bean	D
Gerkin	B
Gourd	C
Hairy vetch	C
Hungarian vetch	C
Hybrid ryegrass	B
Italian ryegrass (including Westerwolds)	B
Kohl rabi	A
Leaf beet	B
Leek	A
Lettuce	A
Linseed or flax	B
Lucerne	A
Maize	C
Mangel	B
Marrow	C
Meadow fescue	B
Melon	B
Narrow leaved lupin (blue lupin)	C
Oats	B
Oilseed rape	A
Onion	A
Parsley	A
Pea (vegetable)	C
Perennial ryegrass	B
Radish	A
Red beet (beetroot)	B
Red cabbage	A
Red clover	A
Red fescue	B
Red top	A
Rescue grass	B
Rough-stalked meadowgrass	A
Runner bean	D
Rye	B
Savoy cabbage	A
Sainfoin	B
Sheep's fescue	B
Small timothy	A
Smooth-stalked meadowgrass	A
Soya bean	C
Spelt wheat	B
Spinach	B
Spinach beet	B
Sprouting broccoli	A
Sugar beet	B
Sunflower	C
Swede	A
Swede rape	A
Tall fescue	B
Tall oatgrass	B
Timothy	A
Tomato	A
Trefoil	A
Triticale	B
Turnip	A
Turnip rape	A
Velvet bent	A
Wheat	B
Wood meadowgrass	A
White lupin	C
White clover	A
White mustard	A
Yellow lupin	C

     14. In the table set out in paragraph 13 references to type A, B, C and D instruments shall be construed as referring to instruments having a point length (a), shoulder length (b), boss length (c), aperture length (d), aperture width (e), bore width (f) and outside diameter (g) as shown in the diagram below of the dimensions specified in the corresponding entries in the following table—

Type of Instrument	Point length	Shoulder length	Boss length	Aperture length	Aperture width	Bore width	Outside diameter
	mm	mm	mm	mm	mm	mm	mm
	(a)	(b)	(c)	(d)	(e)	(f)	(g)
A	42	7	8	20	8	10	12
B	85	12	10	33	11	13	15
C	82	12	13	40	15	17	19
D	78	15	15	40	18	20	22

(a) the instrument shall be inserted into the sack in an upward direction at an angle of approximately 30º to the horizontal with its aperture downwards until the aperture reaches the centre of the sack or container;

(b) it shall be lightly tapped to remove any seed taken in and then rotated to bring the aperture uppermost;

(c) it shall be withdrawn immediately with a vibratory or oscillatory motion and at a decreasing speed so that the quantity of seed obtained from successive locations increases progressively from the centre to the side of the sack; and

(d) seed passing through the instrument shall be collected in a clean container.

    (2) In the case of a dynamic spear sampler in which the aperture reaches to the far side of the sack or small container—

(a) the spear shall be inserted in the manner described in sub-paragraph (1) until its aperture reaches almost to the far side of the sack or container;

(b) it shall be tapped and rotated in the manner described in sub-paragraph (1) and then withdrawn at a uniform speed; and

(c) the seed passing through the instrument shall be collected in a clean container.

Single chamber type stick sampler
     22. In the case of a single chamber type stick sampler—

(a) the sleeve shall move freely;

(b) the instrument shall be inserted vertically downwards till the aperture reaches the appropriate primary sampling position ensuring that the sleeve covers the aperture as in enters the seed;

(c) the instrument shall be withdrawn sufficiently to uncover the aperture;

(d) the instrument shall be left in position until the primary sample has been collected; and

(e) the instrument shall be withdrawn and the contents emptied into a clean container.

Multi-chamber type stick sampler
     23. In the case of a multi-chamber type stick sampler—

(a) the apertures shall be closed before insertion;

(b) the instrument shall be inserted diagonally into sacks or vertically into large containers so that all apertures are fully covered;

(c) the apertures shall be opened;

(d) the instrument shall be agitated so that seed enters;

(e) the apertures shall be closed gently to ensure that trapped seed is not broken or damaged;

(f) the instrument shall be withdrawn and if the chambers are full the contents shall be emptied onto a clean surface or into a clean container; and

(g) if all the chambers are not full, the contents shall be discarded and procedures specified in sub-paragraphs (a) to (f) shall be repeated.

Cargo sampler
     24. In the case of a cargo sampler—

(a) the lid shall open and close easily;

(b) the instrument shall be inserted with the lid closed to the appropriate primary sampling position which shall be at least 300 mm below the surface of the seed;

(c) the handle shall be raised sufficiently to open the lid;

(d) the instrument shall be left in position until the primary sample has been collected; and

(e) the instrument shall be withdrawn and the contents shall be emptied into a clean container.

Seed Stream Samplers
     25. In the case of a seed stream sampler, the instrument shall take the number of primary samples necessary for the weight of the seed lot being sampled, the primary samples being taken from the seed lot at regular intervals and the resultant composite sample being of a weight not less than the prescribed minimum weight and not greater than can conveniently be reduced by means of one of the methods of sample reduction described in paragraph 30. They shall be installed in such a way that the composite sample can be readily identified with the seed lot from which it was taken.

Obtaining a submitted sample- composite sample division instruments
     26. Provided the composite sample is of at least the prescribed minimum weight for the relevant species of seed, it may be used as the submitted sample.

     27. Where the composite sample exceeds the prescribed minimum weight for the submitted sample, a riffle divider of the type specified in paragraph 28 or a centrifugal divider of the type specified in paragraph 29 may be used to obtain a submitted sample. Other instruments and methods may be used at the discretion of the National Assembly.

Riffle Divider
     28. The riffle divider shall consist of a rectangular hopper leading to a series of evenly spaced chutes, arranged so that seed is distributed equally on two sides. There shall be a minimum of 18 chutes, each discharging in the opposite direction to its immediate neighbour. Three (or more) metal collecting vessels (pans) of sufficient depth to prevent seed bouncing out shall be used.

Centrifugal Divider
     29. The centrifugal divider shall consist of a hopper from which the seed flows on to a shallow cup that is then rotated by an electric motor. The seed shall be distributed by centrifugal force onto a stationary baffle that divides it into two equal parts that are then discharged through separate spouts. Four metal collecting vessels (pans) of sufficient depth to prevent seed bouncing out shall be used.

Method of Use
     30. The method of using a riffle divider shall be as follows:—

(a) the divider shall be placed on a firm level surface;

(b) the divider and pans shall be clean;

Sample Mixing

(c) an empty pan shall be placed on each side of the divider to receive the discharge from the chutes;

(d) the entire composite sample shall be poured evenly into the other pan(s);

(e) the seed shall then be poured from the pan(s) evenly along the entire length of the hopper;

(f) the two pans into which the seed has passed shall then be replaced with empty pans;

(g) procedures (e) and (f) shall then be repeated twice to mix the sample thoroughly;

Sample Reduction

(h) before reduction, the composite samples shall have been thoroughly mixed using procedures (c) to (g). The contents of one of the two receiving pans shall then be set aside. If the seed in the second pan is of at least the prescribed minimum weight for a submitted sample of a particular species of seed, it may be used as the submitted sample. If the weight of seed in the second pan is greater than the appropriate prescribed minimum weight for a submitted sample, it may be reduced using the procedures specified in sub-paragraphs (i) to (k);

(i) an empty pan shall be placed on each side of the divider to receive the discharge from the chutes;

(j) the contents of the second pan shall be poured evenly along the entire length of the hopper;

(k) the contents of one of the two pans into which the seed has been passed shall then be set aside. If the weight of seed in the other pan is still greater than the appropriate prescribed minimum weight for the submitted sample, it may be submitted intact or it may be reduced further using the procedures specified in sub-paragraphs (i) to (k);

(l) if the weight of seed in either of the two pans at either (h) or (k) is less than the appropriate prescribed minimum weight for a submitted sample, the procedures specified in sub-paragraphs (m) to (q) shall be used;

(m) an empty pan shall be placed on each side of the divider to received the discharge from the chutes;

(n) the contents of one of the pans shall be set aside. The contents of the other pan shall be poured evenly along the entire length of the hopper;

(o) one receiving pan and its contents shall than be removed and replaced with an empty pan. The other pan, with its contents, shall be left in place;

(p) the contents of the pan removed at (o) shall be poured evenly along the entire length of the hopper so that two subsamples of different weight shall be produced;

(q) the procedures specified in sub-paragraphs (o) and (p) when repeated, constitute the process of continuous halving, and shall be repeated using whichever subsample is appropriate until sufficient seed is obtained in one pan, which when added to the seed set aside at (n) produces a submitted sample of at least the appropriate prescribed minimum weight;

Obtaining more than one submitted sample

(r) two submitted samples shall be obtained from a composite sample by first obtaining a sample of at least twice the appropriate prescribed minimum weight for a submitted sample, using the procedures specified in sub-paragraphs (c) to (g) and (h) to (q) as appropriate, and then dividing it into two parts by passing it once through the divider;

(s) when three submitted samples are required from one composite sample, one sample of at least the appropriate prescribed minimum weight for a submitted sample, shall be extracted using the procedures specified in sub-paragraphs (c) to (g) and (h) to (q) as appropriate. All portions of seed which have been set aside shall then be recombined and the residue of the composite sample so obtained shall be subject to the procedure specified at sub-paragraph (r).

Centrifugal Divider
     31. The method of using a centrifugal divider shall be as follows—

(a) the divider shall be levelled prior to use;

(b) the divider and pans shall be clean;

Sample Mixing

(c) an empty pan shall be placed under each spout of the divider;

(d) the entire composite sample shall be poured into the centre of the hopper;

(e) the motor shall be operated so that the seed passes into the pans;

(f) the motor shall be switched off;

(g) the two pans containing seed shall be removed and replaced by empty ones;

(h) the contents of both pans removed at (g) shall be poured together into the centre of the hopper, the seed being allowed to blend as it flows in. The procedures specified in sub-paragraphs (e), (f) and (g) shall be repeated;

(i) the procedure specified in sub-paragraph (h) shall be repeated to mix the sample thoroughly;

Sample Reduction

(j) before reduction, the composite sample shall have been thoroughly mixed using the procedures specified in sub-paragraphs (c) to (i). The contents of one of the two receiving pans shall then be set aside. If the seed in the second pan is of at least the prescribed minimum weight for a submitted sample of a particular species of seed, it may be used as the submitted sample. If the weight of seed in the second pan is greater than the appropriate prescribed minimum weight for a submitted sample, it may be reduced using the procedures specified in sub-paragraphs (k) to (m);

(k) empty pans shall be placed under the spouts;

(l) the contents of the second pan shall be poured into the hopper and the procedures specified in sub-paragraphs (e) and (f) shall be repeated;

(m) the contents of one of the two pans into which the seed has passed shall then be set aside. If the weight of seed in the other pan is still greater than the appropriate minimum prescribed weight for a submitted sample, it may be submitted intact or it may be reduced further using the procedures specified in sub-paragraphs (k) to (m);

(n) if the weight of seed in either of the two pans at either (j) or (m) is less than the appropriate prescribed minimum weight for a submitted sample, the procedures specified in sub-paragraphs (o) to (s) shall be used;

(o) empty pans shall be placed under the spouts;

(p) the contents of one of the pans shall be set aside, the contents of the other pan shall be poured into the centre of the hopper and the procedures specified in sub-paragraphs (e) and (f) shall be repeated;

(q) one receiving pan and its contents shall then be removed and replaced with an empty pan; the other pan, with its contents, shall be left in place;

(r) the contents of the pan removed at (q) shall be poured into the centre of the hopper and the procedures specified in sub-paragraphs (e) and (f) shall be repeated so that two sub-samples of different weight shall be produced;

(s) the procedures specified in sub-paragraphs (q) and (r) above, when repeated, constitute the process of continuous halving, and shall be repeated using whichever sub-sample is appropriate until sufficient seed is obtained in one pan, which when added to the seed set aside at (p) produces a submitted sample of at least the appropriate prescribed minimum weight;

Obtaining more than one submitted sample

(t) two submitted samples shall be obtained from a composite sample by first obtaining a sample of at least twice the appropriate prescribed minimum weight for a submitted sample, using the procedures specified in sub-paragraphs (c) to (i) and (j) to (s) as appropriate, and then dividing it into two parts by passing it once through the divider;

(u) when three submitted samples are required from one composite sample, one sample, of at least the appropriate prescribed minimum weight for a submitted sample, shall be extracted using the procedures specified in sub-paragraphs (c) to (i) and (j) to (s) as appropriate. All portions of seed which have been set aside shall then be recombined and the residue of the composite sample so obtained shall be subject to the procedure specified in sub-paragraph (t).

Moisture Sample
     32. Primary samples of seed for moisture tests shall be drawn in such a way as to minimise exposure to the atmosphere. The composite moisture sample so collected may, if his or her licence permits it, be tested by a licensed seed sampler but shall in any other case be submitted intact to the testing station in an airtight container. It shall not be passed through a seed divider. Seed for moisture tests shall be kept separate from seed on which other determinations are to be made.

Regulation 33


CERTIFICATE OF THE TAKING OF A SAMPLE OF SEEDS

[2] 1992 c. 53. as amended by Section 125 of and paragraph 33 of Schedule 12 to, the Governement of Wales Act 1998 (1998 c. 38)back

[3] OJ No. L. 193, 20.7.2002, p. 12.back

[4] OJ No.L. 014, 18.1.2005, p. 18.back

[5] OJ No. L. 125, 11.7.66, p. 2309.back

[6] OJ No. L.125, 11.7.66, p. 2298.back

[7] OJ No. L.193, 20.7.2002, p. 74.back

[8] OJ No. L.193, 20.7.2002, p. 33.back

[9] S.I. 2005/3037 (W.225)back

[10] S.I. 2005/3036 (W.224)back

[11] S.I. 2005/1207 (W.79)back

[12] S.I. 2004/2881 (W.251)back

[13] S.I. 2005/3035 (W.223)back

[14] 2000 c. 7.back

[15] Plant Varieties and Seed Tribunal as defined in S.38(1) of the Plant Varieties and Seeds Act 1964.back

[16] 1978 c.30.back

[17] S.I. 1985/980, as amended by S.I. 1987/1098, S.I. 1990/611 and S.I. 1993/2530.back

[18] S.I. 1985/981, as last amended by S.I. 1990/610, S.I. 1999/1865 and, as respects England, S.I. 2002/1563.back

[19] 1998 c.38.back

 © Crown copyright 2005