# The Marketing of Ornamental Plant Material Regulations 1995, Regulation 8: Description of plant material


(1) No supplier shall market plant material except with reference to either the group of plants or the variety to which it belongs.
(2) Where a supplier markets plant material with reference to the group of plants to which it belongs, the reference shall be made in such a way as to avoid confusion with any of the references to variety described in paragraph (3) below.
(3) Where a supplier markets plant material with reference to the variety to which it belongs, the reference shall be—
(a) in the case of a commonly known variety which is the subject of a grant of plant breeders' rights, to the official denomination of the variety;
(b) in the case of a variety which is the subject of an application for plant breeders' rights, to the breeders' reference or proposed name of the variety;
(c) subject to paragraph (4) below, in the case of any other variety, based on the description of the variety on a written list kept by a supplier which includes—
(i) the name of the variety and, where appropriate, its commonly known synonyms;
(ii) a description of the variety, having regard to the Annex to Commission Directive 93/78/EEC;
(iii) indications as to the maintenance of the variety and the propagation system applied; and
(iv) any indications as to how the variety differs from the other varieties most closely resembling it.
(4) Sub-paragraphs (3)(c)(iii) and (iv) above shall not apply to a supplier engaged only in the marketing of plant material.

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Source: https://www.legislation.gov.uk/uksi/1995/2651/regulation/8 (the official version)
Page: https://openlegislation.uk/marketing-of-ornamental-plant-material-regulations-1995/regulation-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.