The Vegetable Seeds Regulations (Northern Ireland) 2009

Exception for market test seed

19.—(1) The prohibition in regulation 15(1) shall not apply to the marketing by a breeder of seed in accordance with—

(a) an authorisation which has been granted to the breeder by the Department in accordance with this regulation; or

(b) an authorisation which has been granted to the breeder 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,

in accordance with Article 20(1) of the 2004 Commission Decision.

(2) A breeder shall not market test seed—

(a) except for the purposes of gaining knowledge from practical experience during cultivation;

(b) unless the seed satisfies the conditions laid down in Schedule 4; or

(c) if such marketing would contravene a prohibition on the use of the variety published by the Department in the gazette that complies with Article 33 of the 2004 Commission Decision.

(3) A breeder of seed established in Northern Ireland may apply to the Department for the grant or renewal of a regulation 19 authorisation.

(4) A regulation 19 authorisation granted by the Department—

(a) shall last for a period of one year or such shorter period as the Department may specify; and

(b) may be renewed no more than twice.

(5) An application for authorisation or renewal of a regulation 19 authorisation shall be made in writing to the Department and shall be accompanied by such information as the Department may require.

(6) The Department shall not grant a regulation 19 authorisation unless it is satisfied that—

(a) an application has been submitted by the breeder to the relevant authority—

(i) under regulation 4(1)(a) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance of the variety on to a National List; or

(ii) in another member State for inclusion of the variety in a national catalogue equivalent to a National List,

that has not been withdrawn or finally determined and for which any technical information that may be required in support of such an application has been submitted; and

(b) in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety under either—

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

(ii) the Food and Feed Regulation.

(7) A regulation 19 authorisation may impose such conditions as the Department may think necessary or desirable having regard to the nature of the cultivation and the nature of the seed to which the authorisation relates.

(8) The Department may withdraw a regulation 19 authorisation where there is a breach of any condition referred to in paragraph (7).

(9) A regulation 19 authorisation shall cease to have effect where the application referred to in paragraph (6)(a) is withdrawn or rejected or the variety is entered in a National List or the Common Catalogue.

(10) The Department may require a person to whom he has granted a regulation 19 authorisation to provide him with information about—

(a) the knowledge gained from practical experience during cultivation of the variety; or

(b) the quantities of seed marketed during the authorised period and the name of the member State for which the seed was destined.