The Oil and Fibre Plant Seeds Regulations (Northern Ireland) 2009

Exception for scientific purposes and selection work

18.—(1) The prohibition in regulation 15(1) shall not apply to the marketing by a producer of small quantities of seed for scientific purposes or selection work for which—

(a) an authorisation has been granted to the producer by the Department in accordance with this regulation, or

(b) an authorisation has been granted to the producer by or on behalf of—

(i) the Secretary of State;

(ii) the Scottish Ministers;

(iii) the National Assembly for Wales; or

(iv) a competent seed certification authority in another member State,

pursuant to Article 6(1)(a) of the Oil and Fibre Plant Seed Directive.

(2) A producer in Northern Ireland may apply to the Department for a regulation 18 authorisation.

(3) An application under this regulation shall be made in such form and manner and at such time as the Department shall require and shall be accompanied by such information as the Department may require for the purpose of determining whether to grant an authorisation.

(4) The Department shall not grant a regulation 18 authorisation in respect of seed of a genetically modified variety unless an authorisation is in force in respect of the variety concerned under either—

(a) Part C of the Deliberate Release Directive; or

(b) the Food and Feed Regulation.

(5) A regulation 18 authorisation may—

(a) specify the amount of seed that may be marketed under it, and

(b) impose such conditions as the Department may think necessary or desirable having regard to the nature of the scientific purpose or selection work involved and the nature of the seed to which the authorisation relates, including a condition relating to the keeping of records in respect of the marketing of the seed.