- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (17/11/2018)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 31/12/2020
Point in time view as at 17/11/2018. This version of this provision has been superseded.
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There are currently no known outstanding effects for the The Marketing of Ornamental Plant Propagating Material Regulations 1999, Section 11.
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11.—(1) Without prejudice to paragraph (2), no supplier shall market propagating material with reference to a variety unless–
(a)it is the subject of Community plant variety rights pursuant to Regulation 2100/94 or national plant variety rights under any jurisdiction; or
(b)the existence of that variety is a matter of common knowledge as defined in section 38 of the Plant Varieties Act 1997 F1; or
(c)that variety is entered on a list kept by a supplier which includes:
(i)the name of the variety together with its commonly known synonyms, where appropriate;
(ii)information as to how the varietal identity and purity of the variety is being maintained and as to the propagation system used;
(iii)a description of the variety which shall include, where appropriate, the characteristics of the variety which would be relevant for the purpose of an application for a Community plant variety right in respect of the variety under Regulation 2100/94;
(iv)an explanation of how the variety differs from other varieties most closely resembling it.
(2) Sub-paragraphs (c)(ii) and (c)(iv) of paragraph (1) above shall not apply to a supplier engaged only in the marketing of propagating material.
(3) The list referred to at paragraph (1)(c) above shall be made available to the Minister on request.
(4) Where a supplier markets propagating material with reference to the group of plants to which it belongs, the supplier shall indicate the group of plants in such a way as to avoid confusion with any varietal denomination.
Textual Amendments
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