Marketing unlisted varieties of vegetable seed
11.—(1) For the purpose of gaining knowledge and practical experience of a variety during cultivation, the Department may authorise the marketing of vegetable seed not listed on the National List provided an application has been made for entry into the National List of at least one member State.
(2) An authorisation is valid for one year and is renewable twice for a period not exceeding one year at each renewal.
(3) An authorisation becomes invalid once the variety is added to the National List or the application to be listed is withdrawn or rejected.
(4) There are no quantitative restrictions on the amount that may be authorised.
(5) The seed must comply with the conditions laid down in Annex II to Council Directive 2002/55/EC, on the marketing of vegetable seed.
(6) The authorisation may only be requested by the person who has submitted an application for entry of the varieties concerned on to the relevant National List.
(7) In addition to the other labelling requirements in these Regulations (except that the name of the certifying authority and the country of origin need not appear), the package must have an official label which must—
(a)be coloured orange; and
(b)include the words “variety not yet officially listed”.
(8) The person marketing the seed must—
(a)retain a sample of each seed lot marketed and keep it for at least two years; and
(b)record for each sale the name and address of the buyer and keep the record for at least three years.