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7.—(1) The Department may, by regulations, derogate from the provisions of the Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995(1) in the event of a temporary difficulty affecting the supply of vegetable plant material.
(2) But regulations may only be made under paragraph (1) where—
(a)the Department has carried out an assessment that has taken account of available information regarding the temporary difficulty affecting the supply of vegetable plant material and the reasons for that difficulty;
(b)the assessment has confirmed that—
(i)there is a temporary difficulty affecting the supply of vegetable plant material; and
(ii)the derogations provide safeguards to address any risk to plant health arising from vegetable plant material in relation to which the derogations apply.
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