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The Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 1999

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Description of propagating material

11.—(1) Subject to paragraph (2) a supplier shall not market propagating material with reference to a variety unless—

(a)it is the subject of Community plant variety rights pursuant to Regulation 2100/94/EC or national plant variety rights under any jurisdiction; or

(b)the existence of that variety is a matter of common knowledge as defined in section 38 of the Plant Varieties Act 1997(1); or

(c)that variety is entered on a list kept by a supplier which includes:

(i)the name of the variety together with its commonly known synonyms, where appropriate;

(ii)information as to how the varietal identity and purity of the variety is being maintained and as to the propagation system used;

(iii)a description of the variety which shall include, where appropriate, the characteristics of the variety which would be relevant for the purpose of an application for a Community plant variety right in respect of the variety under Regulation 2100/94/EC; and

(iv)an explanation of how the variety differs from other varieties most closely resembling it.

(2) The requirements of sub-paragraphs (c)(ii) and (c)(iv) of paragraph (1) shall not apply to a supplier engaged only in the marketing of propagating material.

(3) Each supplier shall make any list kept by him in accordance with paragraph (1)(c) available to the Department on request.

(4) Where a supplier markets propagating material with reference to the group of plants to which it belongs, he shall identify the group of plants in such a way as to avoid confusion with any varietal denomination.

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