3.—(1) This regulation applies to any variety of fruit plant from which products are derived for use as, or in—
(a)food within the scope of Article 3 of Regulation (EC) No 1829/2003; or
(b)feed within the scope of Article 15 of that Regulation.
(2) Before registering any such variety, the appropriate authority must be satisfied that the food or feed has been authorised pursuant to that Regulation.