PART 5Other amendments

The Plant Breeders' Rights (Farm Saved Seed) (Specified Information) Regulations 1998I116

1

The Plant Breeders' Rights (Farm Saved Seed) (Specified Information) Regulations 1998 M1 are amended as follows.

2

In regulation 3 (information to be supplied by farmer), after paragraph (6), insert—

7

In this regulation, a person who is the owner of a holding may be treated by the relevant rights holder as the farmer.

8

If the owner of the holding is not the farmer, the owner must supply the relevant rights holder with the name and address of the person who is the farmer.

3

After regulation 5, insert—

Evidence etc.5A

1

A relevant rights holder (“the holder”) may request—

a

a farmer who has provided information under regulation 3, or

b

a seed processor who has provided information under regulation 4,

to provide the holder with evidence which supports that information.

2

That evidence may take any of the following forms—

a

the provision of documentary evidence (such as receipts, invoices or official labels);

b

the specification of devices used for ensuring the identity of products processed;

c

allowing land, or processing or storage facilities, to be visited;

d

the provision of samples.

4

In regulation 6 (period within which inquiry may be made) for “and 5” substitute “ , 5 and 5A ”.