Regulation 16 The Plant Breeders' Rights (Farm Saved Seed) (Specified Information) Regulations 1998I1

The Plant Breeders' Rights (Farm Saved Seed) (Specified Information) Regulations 1998 M1 are amended as follows.

In regulation 3 (information to be supplied by farmer), after paragraph (6), insert—

“(7)

In this regulation, a person who is the owner of a holding may be treated by the relevant rights holder as the farmer.

(8)

If the owner of the holding is not the farmer, the owner must supply the relevant rights holder with the name and address of the person who is the farmer.”.

After regulation 5, insert—

“Evidence etc.

5A

(1)

A relevant rights holder (“the holder”) may request—

(a)

a farmer who has provided information under regulation 3, or

(b)

a seed processor who has provided information under regulation 4,

to provide the holder with evidence which supports that information.

(2)

That evidence may take any of the following forms—

(a)

the provision of documentary evidence (such as receipts, invoices or official labels);

(b)

the specification of devices used for ensuring the identity of products processed;

(c)

allowing land, or processing or storage facilities, to be visited;

(d)

the provision of samples.”.

In regulation 6 (period within which inquiry may be made) for “and 5” substitute “ , 5 and 5A ”.