S.L. 433.30 Art. 10Sampling of seeds.

(1) Samples must be drawn officially or under official supervision in accordance with appropriate methods. This applies to the following:

(a) checking of varieties (cereals and fodder plants) and inbred lines of maize (cereals);

(b) examination of seed for certification (cereals, fodder plants, potatoes and vegetables); and

(c) post-control tests of standard seed (vegetables).

(2) Without prejudice to the free movement of seed within the European Union, the Directorate shall take all the necessary measures to ensure that it is supplied with the following particulars during the marketing of quantities exceeding 2 kilograms of seed imported from third countries and sampling of such seed is carried out officially:

(a) species;

(b) variety;

(c) category;

(d) country of production and official inspection authority;

(e) country of dispatch;

(f) importer; and

(g) quantity of seed.

The manner in which these particulars are to be presented may be determined by the Directorate.

(3) When the seed sampling under official supervision provided for in sub-regulation (1) is carried out, the following requirements shall be complied with:

(a) seed sampling shall be carried out by seed samplers who have been authorised for that purpose by the Directorate under the conditions set out in paragraphs (b), (c) and (d);

(b) seed samplers shall have the necessary technical qualifications obtained through training courses organised under conditions applicable to official seed samplers and confirmed by official examinations. They shall carry out seed sampling in accordance with current international methods;

(c) seed samplers shall be:

(i) independent natural persons;

(ii) persons employed by natural or legal persons whose activities do not involve seed production, seed growing, seed processing or seed trade; or

(iii) persons employed by natural or legal persons whose activities involve seed production, seed growing, seed processing or seed trade.

In the case referred to in sub-paragraph (iii), a seed sampler may carry out seed sampling only on seed lots produced on behalf of his employer, unless it has been otherwise agreed between his employer, the applicant for certification and the Directorate;

(d) the performance of the seed samplers shall be subject to proper supervision by the Directorate. When automatic sampling is in operation, appropriate procedures must be adhered to and officially supervised;

(e) for the purposes of the supervision referred to in paragraph (d), a proportion of the seed lots entered for official certification shall be check-sampled by official seed samplers.

That proportion shall in principle be as evenly spread as possible over natural and legal persons submitting seed for certification (cereals, fodder plants and vegetables) and the species submitted (cereals and fodder plants) but may also be oriented to eliminate specific doubts. That proportion shall be at least 5%. This check sampling does not apply to automatic sampling. The seed samples drawn officially shall be compared with those of the same seed lot but drawn under official supervision;

(f) infringements of the rules governing examination under official supervision will be regulated under articles 29 and 30 of the Act. The penalties must be effective, proportionate and dissuasive. The authorisation of officially authorised seed samplers as referred to in sub-regulation (3)(a) who are found guilty of deliberately or negligently contravening the rules governing official examinations, shall be withdrawn. Any certification of the seed sampled shall be annulled in the event of such contravention unless it has been shown that such seed still meets all relevant requirements;

(g) further measures applicable to the carrying out of seed sampling under official supervision shall be established by the Directorate.

(4) For the examination of seed for certification, examination of commercial seed and post-control tests, samples shall be drawn from homogeneous lots. The maximum weight of a lot and the minimum weight of a sample are given in Schedule IV.