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The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

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Varieties which may be marketed

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7.—(1) For the purpose of regulation 5(1)(e)(i), a variety may be marketed if it—

(a)is subject to the grant of plant variety rights;

(b)is a registered variety;

(c)is the subject of an application—

(i)for plant variety rights; or

(ii)to be a registered variety;

(d)has been marketed in the European Union prior to 30th September 2012 and has an officially recognised description; or

(e)in relation to a variety having no intrinsic value for commercial crop production—

(i)has an officially recognised description; and

(ii)the plant material concerned is CAC material and this is identified on the accompanying label or document.

(2) For the purpose of regulation 5(1)(e)(i)—

(a)in the case of a variety which is the subject of an application for plant variety rights, the reference must be to the breeder’s reference or to the proposed name of the variety;

(b)in the case of a registered variety, the reference must be to that registered variety; and

(c)in the case of a variety which is the subject of an application to be a registered variety, the reference must be to the breeder’s reference or to the proposed name of the variety.

(3) Schedule 4 on the registration of varieties has effect.

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