SCHEDULE 4E+WExceptions

PART 2 E+WMarketing seed that does not comply with Schedule 2

Marketing unlisted varieties of vegetable seedE+W

10.—(1) For the purpose of gaining knowledge and practical experience of a variety during cultivation, the Welsh Ministers may authorise the marketing of vegetable seed not listed on the United Kingdom National List provided an application has been made for entry into the National List of at least one [F1European Single Market State].

(2) An authorisation is valid for one year and is renewable twice for a period not exceeding one year at each renewal.

(3) There are no quantitative restrictions on the amount that may be authorised.

(4) The authorisation may only be requested by the person who has submitted an application for entry of the varieties concerned on to the relevant National List.

(5) The package must have an orange label and include the words “Variety not yet officially listed” in addition to the other labelling requirements of these Regulations (except that the name of the certifying authority and the country of origin need not appear).

(6) The person marketing the seed must—

(a)retain a sample of each seed lot marketed and keep it for at least two years;

(b)record for each sale the name and address of the buyer and keep the record for at least three years.

[F2(7) Seed of an unlisted variety which is the subject of an authorisation issued by another EEA State in accordance with Commission Decision 2004/842/EC may be marketed in Wales for the purpose of gaining knowledge and practical experience during cultivation.

(8) Seed marketed under sub-paragraph (7) must be labelled in accordance with Article 28 of Commission Decision 2004/842/EC.]