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

Health requirements for candidate pre-basic mother plants and for pre-basic mother plants produced by renewal S

9.—(1) A candidate pre-basic mother plant must be found free, on the basis of visual inspection of the facilities and fields, from the pests listed in F1 ... schedule 6, in relation to the particular genus or species concerned and, if there are doubts concerning the presence of such pests, there must be sampling and testing of the candidate pre-basic mother plant concerned.

(2) Subject to sub-paragraph (3), a candidate pre-basic mother plant must be found free, on the basis of visual inspection and by sampling and testing, from the pests listed in [F2 schedule 6A], in relation to the particular genus or species concerned.

(3) Where a candidate pre-basic mother plant is a seedling, visual inspection, sampling and testing is only required in relation to viruses, viroids or virus-like diseases transmitted by pollen which are listed in [F3 schedule 6A] in relation to the particular genus or species concerned, provided that an official inspection has confirmed that the seedling—

(a) was grown from a seed produced by a plant free from symptoms caused by those viruses, viroids or virus-like diseases; and

(b) it has been maintained in accordance with paragraph 8(1) and 8(3)(a) and (b).

(4) A pre-basic mother plant produced by renewal must be found free—

(a) on the basis of visual inspection of the facilities and fields from the pests listed in F4 ... schedule 6 in relation to the particular genus or species concerned and, if there are doubts concerning the presence of such pests, there must be sampling and testing of the relevant pre-basic mother plant; and

(b) on the basis of visual inspection of the facilities, fields and lots and by sampling and testing in relation to the viruses and viroids listed in [F5 schedule 6A].

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

(a) at the most appropriate time of the year, taking into account the climatic conditions, the growing conditions of the plant and the biology of the pests relevant to that plant;

(b) at any time of the year in the event of doubts concerning the presence of a relevant pest in accordance with the appropriate EPPO protocol;

(c) through submission of samples to laboratories approved by the Scottish Ministers for the purposes of such sampling and testing; and

(d) in the case of candidate pre-basic mother plants which are being tested for viruses, viroids, virus-like diseases and phytoplasms, using the testing method of biological indexing on indicator plants or such other testing method as the Scottish Ministers may authorise, having regard to peer reviewed scientific evidence showing that the other testing method is as reliable as biological indexing on indicator plants.

Textual Amendments

F1 Words in sch. 2 para. 9(1) omitted (1.7.2020) by virtue of The Seed and Plant Material (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/165), regs. 1(1), 9(5)(a)(i)(aa)

F2 Words in sch. 2 para. 9(2) 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)(a)(i)(bb)

F3 Words in sch. 2 para. 9(3) 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)(a)(i)(cc)

F4 Words in sch. 2 para. 9(4)(a) omitted (1.7.2020) by virtue of The Seed and Plant Material (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/165), regs. 1(1), 9(5)(a)(i)(dd)

F5 Words in sch. 2 para. 9(4)(b) 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)(a)(i)(ee)