The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

Varieties which may be marketed

7.—(1) For the purpose of regulation 5(1)(e)(i), a variety may be marketed if it—

(a) is subject to the grant of plant variety rights;

(b) is a registered variety;

(c) is the subject of an application—

(i) for plant variety rights; or

(ii) to be a registered variety;

(d) has been marketed in the European Union prior to 30th September 2012 and has an officially recognised description; or

(e) in relation to a variety having no intrinsic value for commercial crop production—

(i) has an officially recognised description; and

(ii) the plant material concerned is CAC material and this is identified on the accompanying label or document.

(2) For the purpose of regulation 5(1)(e)(i)—

(a) in the case of a variety which is the subject of an application for plant variety rights, the reference must be to the breeder’s reference or to the proposed name of the variety;

(b) in the case of a registered variety, the reference must be to that registered variety; and

(c) in the case of a variety which is the subject of an application to be a registered variety, the reference must be to the breeder’s reference or to the proposed name of the variety.

(3) Schedule 4 on the registration of varieties has effect.