Publication - FOI/EIR release

Plant breeders: EIR release

Published: 7 September 2022
Directorate: Agriculture and Rural Economy Directorate
Topic: Farming and rural, Public sector
FOI reference: FOI/202200293169
Date received: 6 April 2022
Date responded: 27 April 2022

Information request and response under the Environmental Information (Scotland) Regulations 2004.

Information requested

You asked for:
“As you know, Plant Breeders’ Rights for the potato variety Rooster expired on 1st September 2021. However, planting and classification of 2021 Rooster seed crops occurred whilst the variety was protected, all of which were produced by IPM.

We aware that several entities have presented to SASA Rooster seed tubers accompanied by either an original classification label/certificate or a copy of an official certificate (as in the case of horticultural pack). On the basis that all such labels or certificates originate for IPM seed crops, we would be grateful if you could furnish us with either a list of the label numbers or copies of the labels received by SASA to date.”

Response

I enclose a copy of most of the information you requested. To date nine applications have been submitted to SASA for Rooster. Two were rejected as the paperwork was incorrect. Five labels are attached, three of which are for horticultural packs.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

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