The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 No. 691 (W. 163)

SCHEDULE 5 E+W Certification of plant material

Modifications etc. (not altering text)

C1 Sch. 5: power to amend conferred (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 20(1) (with reg. 20(2))

PART 4 E+W Certification of certified material

Propagating material (other than mother plants) and fruit plants E+W

20.—(1) Propagating material (other than mother plants) and fruit plants may be certified as certified material if the propagating material or fruit plant meets the requirements in sub-paragraph (2).

(2) The requirements are that the propagating material or fruit plant—

(a) is grown from a certified mother plant grown from pre-basic or basic material;

(b) is verified by an inspector as being true to the description of its variety in accordance with paragraph 7;

(c) complies with the time period specified in paragraph 8(3)(b);

(d) complies with paragraph 12 concerning defects;

[F1 (e) complies with the health requirements in paragraph 22;

(f) is grown in soil that is found by sampling and testing to comply with paragraph 23; and

(g) complies with the production site requirements in paragraph 12A.]

(3) For the purpose of this paragraph, any reference to pre-basic mother plants or pre-basic material in the paragraphs mentioned in sub-paragraph (2) is to be construed as reference to certified mother plants or certified material, as the case may be.

(4) Where a certified mother plant or certified material no longer fulfils the requirements referred to in sub-paragraph (2)(b) to [F2 (g)], the supplier—

(a) must remove the mother plant or material from the vicinity of other certified mother plants and certified material;

(b) may take appropriate measures in order to ensure that the mother plant or the material complies with those requirements again.

(5) A supplier may use any mother plant or material removed in accordance with sub-paragraph (4)(a) as CAC material provided the mother plant or material fulfils the requirements set out in Schedule 1 for CAC material.

Textual Amendments

F1 Sch. 5 para. 20(2)(e)-(g) substituted for Sch. 5 para. 20(2)(e)(f) (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 6(7)(h)(i)

F2 Word in Sch. 5 para. 20(4) substituted (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 6(7)(h)(ii)

Commencement Information

I1 Sch. 5 para. 20 in force at 19.6.2017, see reg. 1(1)