The Seed Marketing (Heterogeneous Material) (Temporary Experiment) (England) Regulations 2023

Quantitative restrictions

18.—(1) The Secretary of State must set a maximum quantity of seed from all populations produced under the experiment that may be marketed during the period that the experiment remains in force.

(2) In setting the maximum quantity, the Secretary of State must consider—

(a) the need to test different types of population;

(b) the need to ensure that the quantity is sufficient to produce reliable and representative results; and

(c) the need to prevent the development of a market parallel to that in seed which meets the requirements of the 2011 Regulations.

(3) A participant must, in each year of participation in the experiment, on or before a date specified in the participant’s licence, declare to the Secretary of State the quantity of seed produced under the experiment which the participant intends to market in the following calendar year.

(4) The participant must make a separate declaration under paragraph (3) in respect of each population under the participant’s control in respect of which the participant is licensed.

(5) The Secretary of State may from time to time consider whether it is desirable to adjust the maximum quantity referred to in paragraph (1), having regard to—

(a) the purpose of the experiment;

(b) the maximum quantity set under paragraph (1);

(c) the matters specified in paragraph (2); and

(d) the cumulative total of seed declared by the participants in accordance with paragraph (3).

(6) Where the Secretary of State determines, in accordance with paragraph (5), that it is appropriate to adjust the quantity of seed which may be marketed in any year, the Secretary of State—

(a) must publish the adjustment to the quantity of seed which may be marketed for that year; and

(b) may also adjust the maximum quantity which may be marketed by any individual participant in the same year.

(7) Where a determination is made in accordance with paragraph (6)(a) or (b), the Secretary of State must immediately—

(a) inform any participant affected and, where not the same person, any person responsible for production or marketing of the seed affected; and

(b) where necessary, vary the terms of the participant’s licence to reflect the adjustments to the quantity of seed which may be marketed.