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The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017

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This is the original version (as it was originally made).

Varieties that may be marketed

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7.—(1) Plant material is of a variety that may be marketed if the variety fulfils one or more of the requirements of paragraph (2).

(2) The variety must—

(a)have been granted plant variety rights;

(b)be registered as a variety;

(c)be the subject of an application for—

(i)plant variety rights; or

(ii)registration as a variety;

(d)have been marketed prior to 30th September 2012 within the European Union and have an officially recognised description; or

(e)in relation to varieties with no intrinsic value for commercial crop production being marketed within the United Kingdom—

(i)have an officially recognised description; and

(ii)is CAC material.

(3) A supplier who markets plant material of a variety described in paragraph (2)(e) must ensure the plant material is accompanied by a supplier’s document stating that it is marketed in accordance with the second paragraph of Article 7(2) of Directive 2008/90/EC.

(4) In this regulation, “registered as a variety” (and “registration” is to be construed accordingly) means—

(a)registration in England as a variety in accordance with Schedule 4; or

(b)registration outside England as a variety by the responsible authority in the country or territory in accordance with Article 4 of Directive 2014/97/EU.

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