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10. (1) No person shall market pre-basic seed potatoes, basic seed potatoes or certified seed potatoes otherwise than in a lot consisting wholly of seed potatoes of—
(b)one variety; and
(2) No person shall market test and trial seed potatoes otherwise than in a lot consisting wholly of seed potatoes of one variety.
(3) For the purposes of this regulation a lot of seed potatoes shall be treated as if it consists wholly of one variety provided that—
(a)in relation to seed potatoes produced in England, the number of seed potatoes in the lot which is not true to variety in relation to the total number of seed potatoes in the lot—
(i)in the case of pre-basic seed potatoes is no more than 0.01 per cent;
(ii)in the case of basic seed potatoes is no more than 0.1 per cent; and
(iii)in the case of certified seed potatoes or test and trial seed potatoes is no more than 0.2 per cent; and
(b)in relation to seed potatoes produced outside England, the lot is sufficiently homogeneous in accordance with the standards imposed by the Certification Authority pursuant to the Directive in respect of the marketing of those potatoes.
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