- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
There are multiple versions of this provision on screen. These apply to different geographical extents.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.
There are currently no known outstanding effects for the The Marketing of Ornamental Plant Propagating Material Regulations 1999, Section 4.
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.
4.—[F1(1)] 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;
[F2(ab)have been found at the place of production to be practically free, at least on visual inspection, from all pests listed in the Annex to Directive 93/49/EEC in relation to that propagating material;
(ac)be free, at least on visual inspection, from any RNQP in a quantity exceeding the thresholds set out in the Annex to Directive 93/49/EEC for the presence of that RNQP;
(ad)be, at least on visual inspection, practically free from, and from any signs or symptoms of, any pests which reduce its usefulness or quality as propagating material, other than the pests listed in the Annex to Directive 93/49/EEC with regard to the respective propagating material;
(ae)comply with the requirements concerning [F3GB] quarantine pests, [F4PFA] quarantine pests and RNQPs set out in the implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation;]
(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.
[F5(2) In this regulation—
“[F6PFA] quarantine pest” means a pest within the meaning given by Article 32(1) of the EU Plant Health Regulation;
“RNQP” means a [F7GB] regulated non-quarantine pest within the meaning given by Article 36 of the EU Plant Health Regulation;
“[F7GB] quarantine pest” means a pest within the meaning given by Article 4 of the EU Plant Health Regulation.]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Reg. 4 renumbered as reg. 4(1) (E.) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 3(3)(a) and (W.) (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 3(3)(a)
F2Reg. 4(1)(ab)-(ae) inserted (E.) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 3(3)(b) and (W.) (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 3(3)(b)
F3Word in reg. 4(1)(ae) substituted (E.W.) (31.12.2020) by S.I. 2019/131, reg. 5(3A)(a)(i) (as inserted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(3)(b))
F4Word in reg. 4(1)(ae) substituted (E.W.) (31.12.2020) by S.I. 2019/131, reg. 5(3A)(a)(ii) (as inserted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(3)(b))
F5Reg. 4(2) inserted (E.) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 3(3)(c) and (W.) (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 3(3)(c)
F6Word in reg. 4(2) substituted (E.W.) (31.12.2020) by S.I. 2019/131, reg. 5(3A)(b)(i) (as inserted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(3)(b))
F7Word in reg. 4(2) substituted (E.W.) (31.12.2020) by S.I. 2019/131, reg. 5(3A)(b)(ii) (as inserted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(3)(b))
4.—(1) Propagating material must, when marketed—
(a)in respect of the genera and species listed in column 2 of the table in schedule 2 (organisms and diseases), have been found, at least on visual inspection, at the place of production to be practically free from all pests listed in column 1 of that table;
(b)not exceed, at least on visual inspection, the respective thresholds for the presence of RNQPs listed in column 3 of the table in schedule 2;
(c)be, at least on visual inspection, practically free from any pests, other than the pests listed in column 1 of the table in schedule 2 in respect of the genera and species listed in the corresponding row of column 2 of that table, which reduce the usefulness and quality of that material, or from any signs or symptoms thereof;
(d)comply with the requirements concerning [F9GB] quarantine pests, [F10PFA] quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as with the measures adopted pursuant to Article 30(1) of that Regulation;
(e)have satisfactory vigour and dimensions in respect of its usefulness as propagating material;
(f)in the case of seeds, have a satisfactory germination capacity;
(g)have satisfactory identity and purity relative to the genus or species or group of plants to which it belongs; and
(h)if marketed with reference to a variety pursuant to regulation 11, have satisfactory varietal identity and purity.
(2) In this regulation—
“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,
[F11“GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation,]
[F12“PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas), paragraph 1 of the EU Plant Health Regulation,]
“RNQP” means a [F13GB] regulated non-quarantine pest within the meaning given in Article 36 (definition of [F13GB] regulated non-quarantine pests) of the EU Plant Health Regulation, and
F14...]
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F8Reg. 4 substituted (S.) (1.7.2020) by The Seed and Plant Material (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/165), regs. 1(1), 4(2)
F9Word in reg. 4(1)(d) substituted (S.) (31.12.2020) by S.S.I. 2019/59, reg. 11(3A)(a)(i) (as inserted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 12(3))
F10Word in reg. 4(1)(d) substituted (S.) (31.12.2020) by S.S.I. 2019/59, reg. 11(3A)(a)(ii) (as inserted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 12(3))
F11Words in reg. 4(2) inserted (S.) (31.12.2020) by S.S.I. 2019/59, reg. 11(3A)(b)(i) (as inserted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 12(3))
F12Words in reg. 4(2) substituted (S.) (31.12.2020) by S.S.I. 2019/59, reg. 11(3A)(b)(ii) (as inserted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 12(3))
F13Word in reg. 4(2) substituted (S.) (31.12.2020) by S.S.I. 2019/59, reg. 11(3A)(b)(iii) (as inserted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 12(3))
F14Words in reg. 4(2) omitted (S.) (31.12.2020) by S.S.I. 2019/59, reg. 11(3A)(b)(iv) (as inserted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 12(3))
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.
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.
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:
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.