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The Plant Breeders’ Rights (Amendment etc.) (EU Exit) Regulations 2019

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The 1997 Act

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15.—(1) The 1997 Act is amended as follows.

(2) In section 9 (farm saved seed)—

(a)in subsection (3), after “liable ” insert “(subject to any contractual agreement entered into between the farmer and the holder of the plant breeders’ rights)”;

(b)in subsection (4), for the words from “considered to be” to the end substitute “a small farmer for the purposes of this section”;

(c)for subsection (10) substitute—

“(10) In this section, “small farmer” means—

(a)in a case where the material referred to in subsection (3) is used for propagating potatoes, a farmer who grows potatoes in an area no bigger than that which would be needed to produce 185 tonnes of potatoes per harvest, and

(b)in a case where the material referred to in subsection (3) is used for propagating any other variety specified for the purpose of subsection (1), a farmer who grows that variety in an area no bigger than that which would be needed to produce 92 tonnes of cereals per harvest.”;

(d)omit subsection (12).

(3) In section 11 (duration), omit subsection (3)(a).

(4) In section 38 (interpretation of Part 1) omit the definition of “the Council Regulation”.

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