The Vegetable Seed (England) Regulations 2002

Exception for scientific purposes and selection work

18.—(1) The prohibition in regulation 15(1) shall not apply to the marketing by a producer of small quantities of seed for scientific purposes or selection work for which —

(a) an authorisation has been granted to the producer by the Secretary of State in accordance with this regulation, or

(b) an authorisation has been granted to the producer by or on behalf of —

(i) the Scottish Ministers;

(ii) the National Assembly for Wales;

(iii) the Department of Agriculture and Rural Development; or

(iv) a competent seed certification authority in another member State,

pursuant to Article 23(1)(a) of the Vegetable Seed Directive.

(2) A producer in England may apply to the Secretary of State for a regulation 18 authorisation.

(3) An application made under this regulation shall be made in such form and manner and at such time as the Secretary of State shall require and shall be accompanied by such information as the Secretary of State may require for the purpose of determining whether to grant an authorisation.

(4) The Secretary of State shall not grant a regulation 18 authorisation in respect of seed of a genetically modified variety unless an authorisation is in force in respect of the variety concerned under Part C of Council Directive 2001/18/EC(1) on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC.

(5) A regulation 18 authorisation may —

(a) specify the amount of seed that may be marketed under it, and

(b) impose such conditions as the Secretary of State may think necessary or desirable having regard to the nature of the scientific purpose or selection work involved and the nature of the seed to which the authorisation relates, including a condition relating to the keeping of records in respect of the marketing of the seed.

(1)

O.J. No.L106, 17.4.2001, p.1.