5.—(1) No person may market seed potatoes of a conservation variety unless—
(a)the variety is listed in the National List of varieties of potato species prepared and published in accordance with regulation 3 of the National Lists Regulations; and
(b)those seed potatoes have been produced in the United Kingdom.
(2) A person proposing to produce seed potatoes of a conservation variety must, before doing so, supply the Secretary of State, in such manner and form as the Secretary of State requires, with details in writing of the size and location of the area to be used to produce that seed.
(3) For the purposes of Articles 14 and 15(2) of Directive 2008/62/EC, the Secretary of State may specify the maximum amount of seed potatoes of a conservation variety that may be marketed in any given production season, and may specify different maximum amounts for different persons or classes of persons.
(4) The amount of seed potatoes of a conservation variety marketed by a person must not exceed any maximum amount specified under paragraph (3) in relation to that person.
(5) Any person marketing seed potatoes of a conservation variety must supply the Secretary of State, if requested to do so in writing, with written details of the amount and variety of the seed potatoes placed on the market during each production season.