The Fodder Plant Seed (England) Regulations 2002

Exception for tests and trials

20.—(1) The prohibition in regulation 15(1) shall not apply to the marketing by a producer of seed for test and trial purposes for which—

(a) an authorisation has been granted to the producer by the Secretary of State in accordance with this regulation, or

(b) an authorisation has been granted to the producer by or on behalf of—

(i) the Scottish Ministers;

(ii) the National Assembly for Wales;

(iii) the Department of Agriculture and Rural Development; or

(iv) a competent seed certification authority in another member State,

pursuant to Article 4a(1)(b) of the Fodder Plant Seed Directive.

(2) A producer in England may apply to the Secretary of State for a regulation 20 authorisation.

(3) An application made under this regulation shall be made in such form and manner and at such time as the Secretary of State shall require and shall be accompanied by such information as the Secretary of State may require for the purpose of determining whether to grant an authorisation.

(4) The Secretary of State shall not grant a regulation 20 authorisation unless—

(a) she considers that the amount of seed that may be marketed under it is of an appropriate quantity for the test or trial;

(b) an application has been submitted to the relevant authority under regulation 4(1)(a) of the Seeds (National Lists of Varieties) Regulations 2001(1) for acceptance of the variety concerned on to a National List that has not been withdrawn or finally determined; and

(c) in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety concerned under Part C of Council Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC.

(5) A regulation 20 authorisation—

(a) shall specify the amount of seed that may be marketed under it, and

(b) may impose such conditions as the Secretary of State may think necessary or desirable having regard to the nature of the test or trial and the nature of the seed to which the authorisation relates, including a condition relating to the keeping of records in respect of the marketing of the seed.

(1)

S.I.2001/3510.