5.—(1) To ensure the early availability of seed, pre-basic, basic and certified seed may be marketed before the official germination result has been received if—
(a)a seed test report has been issued under these Regulations, indicating that the seed has achieved the required minimum analytical purity standard set out in the Directive relating to that seed specified in Schedule 2, and
(b)the supplier guarantees the minimum germination for that seed.
(2) This does not apply in the case of—
(a)vegetable seed; or
(b)seed imported from a third country.