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10.—(1) The cases and circumstances prescribed under section 111(1)(a) of the Act in relation to the marketing of any genetically modified organisms are any cases and circumstances other than the marketing of a product in accordance with a written consent given by another competent authority of a member State in accordance with Article 13(4) of the Deliberate Release Directive.
(2) An application for a consent to market genetically modified organisms must be made in writing to the Secretary of State, and must be made either—
(a)where the product has not previously been marketed in pursuance of and in accordance with a consent granted by the Secretary of State under section 111(1) of the Act or a written consent given by another competent authority of a member State in accordance with Article 13(4) of the Deliberate Release Directive, or
(b)where the product is intended for a use for which it has not previously been marketed in pursuance of and in accordance with a consent granted by the Secretary of State under section 111(1) of the Act or a written consent given by another competent authority of a member State in accordance with Article 13(4) of the Deliberate Release Directive.
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