The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

Soil requirements [F1 for certified mother plants and certified material] S

24.—(1) Subject to sub-paragraphs (2) and (3), certified mother plants must only be grown in soil which is found, on the basis of sampling and testing carried out prior to the planting of such mother plants, to be free from any pest listed in [F2 schedule 6B] for the genus or species concerned and which may host viruses affecting that genus or species.

(2) Sampling and testing is not required under sub-paragraph (1) if—

(a) there have been no plants which are hosts for any of the pests listed in [F2 schedule 6B] grown in the relevant soil for a period of at least 5 years prior to the planting of the certified mother plants mentioned in sub-paragraph (1) and where there is no doubt concerning the absence of the relevant pests in the soil; or

(b) an official inspection is carried out which concludes that the soil is free from any of the pests listed in [F2 schedule 6B] for the genus or species concerned and which is host to viruses affecting that genus or species.

[F3 (2A) Unless otherwise stated, sampling and testing is not required under sub-paragraph (1) in the case of certified fruit plants.]

(3) Sampling and testing of the soil must be carried out during the growing period of the certified mother plant mentioned in sub-paragraph (1) where there is suspicion concerning the presence of the pests mentioned in that sub-paragraph.

(4) In this paragraph, “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a) in accordance with the appropriate EPPO protocol; and

(b) taking into account the climatic conditions and the biology of the pests listed in [F2 schedule 6B] and their relevance to the certified mother plants concerned.

Textual Amendments

F1 Words in sch. 2 para. 24 heading inserted (1.7.2020) by The Seed and Plant Material (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/165), regs. 1(1), 9(5)(c)(ii)(aa)

F2 Words in sch. 2 para. 24 substituted (1.7.2020) by The Seed and Plant Material (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/165), regs. 1(1), 9(5)(c)(ii)(bb)

F3 Sch. 2 para. 24(2A) inserted (1.7.2020) by The Seed and Plant Material (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/165), regs. 1(1), 9(5)(c)(ii)(cc)