5Restrictions on marketing of precision bred organism in EnglandE+W
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(1)A person must not market a precision bred organism in England unless—
(a)it is a marketable precision bred organism, or
(b)it is the qualifying progeny of a marketable precision bred organism.
(2)In this Act “marketable precision bred organism” means a precision bred organism in respect of which—
(a)a precision bred confirmation is in force, and
(b)if it is a relevant animal, a precision bred animal marketing authorisation is in force.
(3)For the purposes of this Act—
(a)a precision bred organism is “marketed” by a person when products consisting of or including—
(i)the precision bred organism, or
(ii)its gametes,
are made available to other persons, whether or not for consideration, and
(b)the marketing occurs in England so far as those products are made available for delivery in England.
(4)For provision about the following terms used in subsections (1) and (2) see—
qualifying progeny | section 24 |
precision bred confirmation | section 8(1)(a)(i) |
relevant animal | section 10 |
precision bred animal marketing authorisation | section 13(1). |
(5)For the purposes of subsection (2), a precision bred confirmation or precision bred animal marketing authorisation is “in force” if it has been issued and not revoked, and, in the case of an authorisation, is not suspended.