# The Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019, Regulation 15: The 1997 Act

Extent: E+W+S+N.I.

(1) The 1997 Act is amended as follows.
(2) In section 9 (farm saved seed)—
(a) in subsection (3), after “liable ” insert “(subject to any contractual agreement entered into between the farmer and the holder of the plant breeders' rights)”;
(b) in subsection (4), for the words from “considered to be” to the end substitute “ a small farmer for the purposes of this section ”;
(c) for subsection (10) substitute—
“(10) In this section, “small farmer” means—
(a) in a case where the material referred to in subsection (3) is used for propagating potatoes, a farmer who grows potatoes in an area no bigger than that which would be needed to produce 185 tonnes of potatoes per harvest, and
(b) in a case where the material referred to in subsection (3) is used for propagating any other variety specified for the purpose of subsection (1), a farmer who grows that variety in an area no bigger than that which would be needed to produce 92 tonnes of cereals per harvest.”;
(d) omit subsection (12).
(3) In section 11 (duration), omit subsection (3)(a).
(4) In section 38 (interpretation of Part 1) omit the definition of “the Council Regulation”.

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Source: https://www.legislation.gov.uk/uksi/2019/204/regulation/15 (the official version)
Page: https://openlegislation.uk/plant-breeders-rights-amendment-etc-eu-exit-regulations-2019/regulation-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.