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4.—(1) Subject to paragraph (2), in these Regulations “marketing” means—
(a)selling, holding with a view to sale or offering for sale, or
(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.
(2) 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.
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