Chwilio Deddfwriaeth

Chwiliad Uwch

The Marketing of Ornamental Plant Propagating Material Regulations 1999

Help about what version

Pa Fersiwn

Help about advanced features

Nodweddion Uwch

Rhagor o Adnoddau

Changes over time for: The Marketing of Ornamental Plant Propagating Material Regulations 1999 (without Schedules)

Help about opening options

Version Superseded: 14/01/2020

Status:

Point in time view as at 14/12/2019.

Changes to legislation:

There are currently no known outstanding effects for the The Marketing of Ornamental Plant Propagating Material Regulations 1999. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Title, commencement and extentE+W+S

1.—(1) These Regulations may be cited as the Marketing of Ornamental Plant Propagating Material Regulations 1999 and shall come into force on–

(a)in the case of all provisions other than regulation 7 and regulation 9, 1st July 1999;

(b)in the case of regulation 7, 1st August 1999;

(c)in the case of regulation 9, 31st December 1999.

(2) These Regulations extend to Great Britain.

InterpretationE+W+S

2.—(1) In these Regulations, unless the context otherwise requires–

  • F1...

  • “Directive 98/56/EC" means Council Directive 98/56/EC on the marketing of propagating material of ornamental plants F2 [F3, as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council];

  • [F4[F5“Directive 2000/29/EC” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;]]

  • [F6“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;]

  • “inspector" means any person authorised by the Minister to be an inspector for the purposes of these Regulations;

  • “lot" means a number of units of a single commodity, identifiable by its homogeneity of composition and origin;

  • “marketing" means holding available or in stock, display with a view to sale, offering for sale, sale or delivery by a supplier to another person;

  • “the Minister" means, as respects England, the Minister of Agriculture, Fisheries and Food and, as respects Scotland or Wales, the Secretary of State;

  • [F7“the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;]

  • “propagating material" means plant material intended for–

    (a)

    the propagation of ornamental plants; or

    (b)

    the production of ornamental plants; however, in the case of production from complete plants, the material used shall only be considered to be propagating material if the resulting ornamental plant is intended for further marketing;

  • “propagation" means reproduction by vegetative or other means;

  • “Regulation 2100/94" means Council Regulation 2100/94/EC on Community Plant Variety Rights F8;

  • “supplier" means any person professionally engaged in the marketing or in the importation from third countries of propagating material; and

    “third country" means a country other than a member State.

(2) Any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in these Regulations.

Textual Amendments

F2O.J. No. L226, 13.8.98, p. 16.

F8O.J. No. L227, 1.9.94, p. 1, as last amended by Council Regulation 2506/95/EC (O.J. No. L258, 28.10.95, p. 3).

Marketing requirements and exceptionsE+W+S

3.—(1) Subject to paragraph (2) below, no supplier shall market any propagating material unless it complies with the requirements of these Regulations.

(2) These Regulations shall not apply to propagating material intended for–

(a)export to third countries, if identified as such and kept sufficiently isolated from plant material not intended for such export;

(b)trials or scientific purposes;

(c)selection work;

(d)use in the conservation of genetic diversity.

Quality requirements for propagating materialE+W+S

4.  Propagating material shall, when marketed–

(a)be substantially free from any defects likely to impair its quality as propagating material and in particular, at least on visual inspection, be substantially free from any harmful organisms impairing quality, or any signs or symptoms of such organisms, which reduce its usefulness;

[F9(aa)in respect of the genera and species listed in column 1 of the table in schedule 2 (organisms and diseases), be free from the organisms and diseases listed in the corresponding entry in column 2 of that table;]

(b)have satisfactory vigour and dimensions in respect of its usefulness as propagating material;

(c)in the case of seeds, have a satisfactory germination capacity;

(d)have satisfactory identity and purity relative to the genus or species or group of plants to which it belongs; and

(e)if marketed with reference to a variety pursuant to regulation 11, have satisfactory varietal identity and purity.

Textual Amendments

Further provisions relating to citrus propagating materialE+W+S

5.  In addition to meeting the requirements of regulation 4, citrus propagating material shall–

(a)have been derived from initial source material which has been checked and found to show no symptoms of any viruses, virus-like organisms or diseases;

(b)have been checked and found to be substantially free of viruses, virus-like organisms and diseases since the beginning of the last cycle of vegetative growth; and

(c)where grafting has taken place, have been grafted on to rootstocks of a kind which are not susceptible to viroids.

Further provision relating to flower bulbsE+W+S

6.  In addition to meeting the requirements of regulation 4, flower bulbs shall have been derived directly from material which, at the time the crop of bulbs concerned was growing, was checked and found to be substantially free from any harmful organisms and diseases or any signs or symptoms of such organisms and diseases.

[F10Further provision relating to Palmae: England and WalesE+W

6A.—(1) In addition to meeting the requirements of regulation 4, propagating material of Palmae belonging to the genera and species referred to in the Annex to Commission Directive 93/49/EEC setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC and having a diameter of the stem at the base of over 5 cm must meet the condition set out in paragraph 2 or the conditions set out in paragraph 3.

(2) The condition is that the material has been grown for its entire life in an area which has been established as free from the organism by a responsible official body in accordance with relevant International Standards for Phytosanitary Measures.

(3) The conditions are that the material has been grown in the two years prior to its marketing in a site subject to visual inspections carried out at least once every four months confirming the freedom of that material from the organism and it has been grown in a site—

(a)with complete physical protection against the introduction of the organism, or

(b)where the appropriate preventative treatments have been applied with respect to the organism.

(4) For the purposes of this regulation—

“International Standards for Phytosanitary Measures” means International Standards for Phytosanitary Measures prepared by the Secretariat of the International Plant Protection Convention established by the Food and Agriculture Organisation of the United Nations;

“the organism” means “Rhynchophorus ferrugineus (Olivier)”;

“responsible official body” means a body described in Article 2(1)(g) of Directive 2000/29/EC.]

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

[F21Further provisions relating to propagating material of PalmaeS

6A.—(1) In addition to meeting the requirements of regulation 4, propagating material of Palmae belonging to the genera and species listed in column 1 of the table in schedule 2 (organisms and diseases) under the heading “the following genera and species as regards Palmae”, and having a diameter of the stem at the base of over 5 cm must comply with—

(a)the requirement in paragraph (2); or

(b)the requirements in paragraph (3).

(2) The requirement is that the material must have been grown throughout its life in an area established as free from the organism listed in the corresponding entry in column 2 of the table in schedule 2 by the responsible official body in accordance with relevant International Standards for Phytosanitary Measures.

(3) The requirements are that the material must, during a period of at least two years prior to marketing, have been grown in a site within the EU with—

(a)complete physical protection against the introduction of the organism listed in the corresponding entry in column 2 of the table in schedule 2; or

(b)the application of appropriate preventive treatments against that organism,

and have been subject to visual inspections carried out at least once every four months to confirm freedom of that material from that organism.

(4) In this regulation—

“International Standards for Phytosanitary Measures” means International Standards for Phytosanitary Measures prepared by the Secretariat of the International Plant Protection Convention established by the Food and Agriculture Organization of the United Nations; and

“responsible official body” means [F22the Scottish Ministers].]

Extent Information

E6This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

RegistrationE+W

7.—(1) Subject to paragraph (2) below, no person shall carry on business as a supplier unless he is registered as such by the Minister.

(2) Paragraph (1) above shall not apply to a supplier marketing only to persons who are not professionally engaged in the production or sale of ornamental plants or propagating material.

(3) An application for registration as a supplier shall be made in writing and shall be accompanied by the following information–

(a)the name of the applicant;

(b)the address of the main premises at which the applicant carries on or intends to carry on business as a supplier;

(c)the activities which the applicant carries on or intends to carry on which are or will be covered by these Regulations.

(4) Registration of a supplier on the register referred to in [F11article 25 of the Plant Health (Wales) Order 2018] [F12article 25 of the Plant Health (England) Order 2015] is deemed to constitute registration for the purposes of paragraph (1) above.

(5) A supplier registered in accordance with this regulation shall keep records of his sales and purchases of propagating material and shall retain them for a period of not less than 12 months.

Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

RegistrationS

7.—(1) Subject to paragraph (2) below, no person shall carry on business as a supplier unless he is registered as such by the Minister.

(2) Paragraph (1) above shall not apply to a supplier marketing only to persons who are not professionally engaged in the production or sale of ornamental plants or propagating material.

(3) An application for registration as a supplier shall be made in writing and shall be accompanied by the following information–

(a)the name of the applicant;

(b)the address of the main premises at which the applicant carries on or intends to carry on business as a supplier;

(c)the activities which the applicant carries on or intends to carry on which are or will be covered by these Regulations.

[F23(4) Registration of a supplier on the register of professional operators for the purposes of the EU Plant Health Regulation is deemed to constitute registration for the purposes of paragraph (1).]

(5) A supplier registered in accordance with this regulation shall keep records of his sales and purchases of propagating material and shall retain them for a period of not less than 12 months.

Extent Information

E7This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

Measures to be taken by suppliersE+W

8.—(1) Suppliers engaged in the production of propagating material shall–

(a)identify and monitor critical points in their production process which influence the quality of the material;

(b)keep records on the monitoring required in sub-paragraph (a) above;

(c)take samples where necessary and send them to be analysed in a laboratory with suitable facilities and expertise;

(d)ensure that during production lots of propagating material remain separately identifiable.

(2) Without prejudice to paragraph (3) below, a supplier shall treat or, where appropriate, remove any propagating material which, on the basis of visible signs or symptoms, is not substantially free of harmful organisms impairing quality.

(3) If a supplier engaged in the production of propagating material finds on his premises a [F13notifiable plant pest as defined in article 42(3) of the Plant Health (Wales) Order 2018] [F14notifiable plant pest as defined in article 42(3) of the Plant Health (England) Order 2015] he shall, if he would not otherwise be required to notify it under [F15article 42] of that Order (notification of the presence or suspected presence of certain plant pests), report it to the Minister and shall carry out any measures laid down by him.

Extent Information

E3This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

Measures to be taken by suppliersS

8.—(1) Suppliers engaged in the production of propagating material shall–

(a)identify and monitor critical points in their production process which influence the quality of the material;

(b)keep records on the monitoring required in sub-paragraph (a) above;

(c)take samples where necessary and send them to be analysed in a laboratory with suitable facilities and expertise;

(d)ensure that during production lots of propagating material remain separately identifiable.

(2) Without prejudice to paragraph (3) below, a supplier shall treat or, where appropriate, remove any propagating material which, on the basis of visible signs or symptoms, is not substantially free of harmful organisms impairing quality.

(3) If a supplier engaged in the production of propagating material finds on his premises a [F24controlled plant pest as defined in regulation 2(1) of the Plant Health Official Controls Regulations] he shall, if he would not otherwise be required to notify it under [F25the EU Plant Health Regulation], report it to the Minister and shall carry out any measures laid down by him.

Extent Information

E8This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

Information on propagating materialE+W

9.—(1) Subject to paragraphs (2) and (3) below, no supplier shall market any propagating material unless it is accompanied by a label or other document made out by him on which appears the appropriate information prescribed in the Schedule to these Regulations.

(2) Where propagating material is accompanied by a plant passport issued in accordance with [F16Directive 2000/29/EC], the plant passport may constitute the label or other document for the purposes of paragraph (1) above if it contains the appropriate information prescribed in the Schedule to these Regulations.

(3) Paragraph (1) above shall not apply to propagating material which is marketed to persons who are not professionally engaged in the production or sale of ornamental plants or propagating material.

Extent Information

E4This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

Information on propagating materialS

9.—(1) Subject to paragraphs (2) and (3) below, no supplier shall market any propagating material unless it is accompanied by a label or other document made out by him on which appears the appropriate information prescribed in [F26schedule 1 of] these Regulations.

(2) Where propagating material is accompanied by a plant passport issued in accordance with [F27the EU Plant Health Regulation], the plant passport may constitute the label or other document for the purposes of paragraph (1) above if it contains the appropriate information prescribed in[F28schedule 1 of] these Regulations.

(3) Paragraph (1) above shall not apply to propagating material which is marketed to persons who are not professionally engaged in the production or sale of ornamental plants or propagating material.

Extent Information

E9This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

Marketing in lotsE+W+S

10.—(1) Subject to paragraph (2) below, no supplier shall market any propagating material unless it is in lots.

(2) Paragraph (1) above shall not apply to–

(a)the sale of different lots in a single consignment provided the supplier keeps records of the composition and origin of the different lots;

(b)propagating material which is marketed to persons who are not professionally engaged in the production or sale of ornamental plants or propagating material.

Description of propagating materialE+W+S

11.—(1) Without prejudice to paragraph (2), no supplier shall market propagating material with reference to a variety unless–

(a)it is the subject of Community plant variety rights pursuant to Regulation 2100/94 or national plant variety rights under any jurisdiction; or

(b)the existence of that variety is a matter of common knowledge as defined in section 38 of the Plant Varieties Act 1997 F17; or

(c)that variety is entered on a list kept by a supplier which includes:

(i)the name of the variety together with its commonly known synonyms, where appropriate;

(ii)information as to how the varietal identity and purity of the variety is being maintained and as to the propagation system used;

(iii)a description of the variety which shall include, where appropriate, the characteristics of the variety which would be relevant for the purpose of an application for a Community plant variety right in respect of the variety under Regulation 2100/94;

(iv)an explanation of how the variety differs from other varieties most closely resembling it.

(2) Sub-paragraphs (c)(ii) and (c)(iv) of paragraph (1) above shall not apply to a supplier engaged only in the marketing of propagating material.

(3) The list referred to at paragraph (1)(c) above shall be made available to the Minister on request.

(4) Where a supplier markets propagating material with reference to the group of plants to which it belongs, the supplier shall indicate the group of plants in such a way as to avoid confusion with any varietal denomination.

Textual Amendments

Propagating material produced in third countriesE+W

12.—(1) No supplier shall import propagating material from a third country unless he has ensured prior to import that the material to be imported is of an equivalent standard to propagating material produced in accordance with Directive 98/56/EC.

(2) A supplier shall notify the Minister in writing of the importation of a consignment of propagating material from a third country within one month of its importation.

(3) A supplier shall be deemed to have complied with paragraph (2) above if he delivers a phytosanitary certificate or reforwarding phytosanitary certificate in respect of the consignment in accordance with [F18article 9(1) of the Plant Health (Wales) Order 2018] [F19article 9(1) of the Plant Health (England) Order 2015].

(4) A supplier shall retain documentary evidence of every contract relating to the import of propagating material from a third country during the subsistence of the contract and for at least twelve months after its termination.

Extent Information

E5This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

Propagating material produced in third countriesS

12.—(1) No supplier shall import propagating material from a third country unless he has ensured prior to import that the material to be imported is of an equivalent standard to propagating material produced in accordance with Directive 98/56/EC.

(2) A supplier shall notify the Minister in writing of the importation of a consignment of propagating material from a third country within one month of its importation.

(3) A supplier shall be deemed to have complied with paragraph (2) above if he delivers a phytosanitary certificate or [F29phytosanitary certificate for re-export in respect of the consignment in accordance with [F30the EU Plant Health Regulation]] .

(4) A supplier shall retain documentary evidence of every contract relating to the import of propagating material from a third country during the subsistence of the contract and for at least twelve months after its termination.

Extent Information

E10This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

Powers of inspectorsE+W+S

13.—(1) An inspector, upon producing, if required to do so, some duly authenticated document showing his authority, may at any reasonable time enter any premises of a supplier where he reasonably suspects that any activity which is covered by these Regulations is being carried on for the purposes of ascertaining whether there is or has been any contravention of these Regulations.

(2) An inspector on entering any premises under paragraph (1) above may take with him such other persons as he reasonably considers to be necessary.

(3) An inspector may carry out all reasonable checks and examinations necessary to ensure compliance with these Regulations, and in particular may–

(a)take any propagating material or sample from any propagating material and send it for analysis;

(b)require the production of any relevant records, lists and other documents;

(c)inspect any relevant records, lists and other documents;

(d)take any relevant records, lists and other documents for copying.

(4) An inspector may by notice in writing served on a supplier in respect of any propagating material on the supplier’s premises that the inspector has reasonable grounds for suspecting fails to comply with the requirements of these Regulations require the supplier not to market or to move from his premises or to permit or cause to be marketed or moved from his premises the propagating material until the supplier has carried out such reasonable measures as the notice may specify.

Service of noticesE+W+S

14.—(1) A notice under these Regulations shall be deemed to have been served on a supplier if it is delivered to him personally or left for him at his last known place of abode or business or sent through the post addressed to him at his last known place of abode or business.

(2) A notice under these Regulations may–

(a)in the case of a body corporate, be served on the secretary or clerk of that body at the address of the registered or principal office of that body;

(b)in the case of a partnership, be served on a partner or on a person having the control or management of the partnership business or, in Scotland, the firm at the principal office of the partnership.

OffencesE+W+S

15.—(1) A person who contravenes or fails to comply with any provision of these Regulations without reasonable excuse shall be guilty of an offence.

(2) A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Revocations and transitional provisionsE+W+S

16.—(1) Subject to paragraphs (2) and (3) below, the Marketing of Ornamental Plant Material Regulations 1995 F20 are revoked.

(2) Regulation 9 of those Regulations, and regulations 2, 3, 4, 12(1) to 12(3) and 14 of those Regulations to the extent that they apply for the purposes of regulation 9 of those Regulations, shall continue to have effect until 31st December 1999.

(3) Regulation 11 of those Regulations, and regulations 2, 3, 4, 12(1) to 12(3), 13 and 14 of those Regulations to the extent that they apply for the purposes of regulation 11 of those Regulations, shall continue to have effect until 1st August 1999.

(4) For the purposes of paragraph 4 of Schedule 2 to those Regulations (registration or accreditation number) an accreditation number in existence on 31st July 1999 shall be deemed to continue to exist until 31st December 1999, notwithstanding paragraph (3) above.

Textual Amendments

Jeff Rooker

Minister of State, Ministry of Agriculture, Fisheries and Food

Sewel

Parliamentary Under Secretary of State, Scottish Office

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.