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4. Subject to article 11, no person shall import into Scotland susceptible material originating in the USA unless–
(a)it is–
(i)accompanied by a phytosanitary certificate issued in accordance with the requirements set out in the second column of Schedule 1, or a certified copy thereof in the case of material for which a reforwarding phytosanitary certificate has also been issued; and
(ii)upon examination by an inspector, found to be free from Phytophthora ramorum(1); or
(b)in the case of imports from Switzerland of plants intended for planting of Camellia spp., Rhododendron spp. L, other than Rhododendron simsii Planch., and Viburnum spp. L., the material is accompanied by a Swiss plant passport.
Section 49 and 50 of the Customs and Excise Management Act 1979 (c. 2) provide respectively for forfeiture of goods improperly imported and penalties for improper importation of goods.
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