OpenLegislation

Regulation 11 Marketing Prohibition NoticesF1

United Kingdom

(1)

No person shall market any seeds of a plant variety of a species specified in Schedule 1 if a marketing prohibition notice has been published by the Secretary of State in the Gazette in relation to the variety.

(2)

For the purposes of paragraph (1) above, a “marketing prohibition notice”—

(a)

in relation to a plant variety accepted on to F2the GB Variety Lists, means a notice F3published by the appropriate authority that—

(i)

cultivation of the variety could be harmful, in relation to plant health, to the cultivation of other varieties or species and there is an imminent danger of the spread of harmful organisms; or

(ii)

the variety presents a risk for human health or the environment and there is an imminent danger for human health or the environment; and

(b)

in relation to a plant variety not accepted on to F4the GB Variety Lists, being a derogated species referred to in F5paragraph 2 or 3 of Part II of Schedule 1, means a notice specifying that marketing of the variety is prohibited on either of those grounds.

(3)

If the Secretary of State has published a notice in the Gazette in respect of a variety—

(a)

specifying that—

(i)

official growing trials carried out in F6Great Britain, for the purpose of assessing value for cultivation and use, show that the variety does not, in any part of Great Britain, produce results corresponding to those obtained from a comparable variety accepted in Great Britain; or

(ii)

the F7appropriate authority are satisfied the variety is not suitable for cultivation in any part of Great Britain by reason of its type or maturity class; and

(b)

specifying a date after which marketing of the variety is prohibited,

no person shall market any seeds of the variety after that date.

(4)

If the acceptance of a plant variety—

(a)

of a species specified in Part I of Schedule 1 on to a F8GB Variety List F9...

F10(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

has been revoked or has expired, no person shall market any seeds of the variety unless a residual marketing period has been specified in a notice published by the Secretary of State in the Gazette in respect of seed of that variety and that period has not expired.

(5)

No person shall market seed of a variety accepted on to a GB Variety List F11... except under the name in which the variety is accepted; and where the appropriate authority adapt the name of a variety under regulation 6(5), and specify in a notice published in the Gazette in respect of the variety a period during which seed of the variety may be marketed under the name as it was referred to in the List before it was adapted, seed of the variety may be marketed during that period under the name as it was referred to in the List before it was adapted.

Annotations

Textual amendments

F1

Regulations revoked (N.I.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 5 (with savings and transitional provisions in S.R. 2020/302, reg. 25)

F2

Words in reg. 11(2)(a) substituted (E.W.S.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(8)(a)(i)(aa) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)(3)(c)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in reg. 11(2)(a) substituted (E.W.S.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(8)(a)(i)(bb) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)(3)(c)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in reg. 11(2)(b) substituted (E.W.S.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(8)(a)(ii) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)(3)(c)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in reg. 11(2)(b) substituted (27.7.2007) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2007 (S.I. 2007/1871), regs. 1, 2(3)

F6

Words in reg. 11(3) substituted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(8)

F7

Words in regs. 10-17 substituted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(4)

F8

Words in regs. 10-12 substituted (E.W.S.) (31.12.2020) by The Seeds (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1294), regs. 1(2)(b), 3(3)(a)

F9

Words in reg. 11(4)(a) omitted (E.W.S.) (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(8)(b)(i) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

F10

Reg. 11(4)(b) omitted (E.W.S.) (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(8)(b)(ii) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

F11

Words in reg. 11(5) omitted (E.W.S.) (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 3(8)(c) (as amended by S.I. 2020/1294, regs. 1(2)(a), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)