Propagating material (other than mother plants and rootstocks)E+W
3.—(1) Propagating material (other than mother plants and rootstocks) may be certified as pre-basic material if that material meets the requirements in sub-paragraph (2).
(2) The requirements are that the propagating material—
(a)is directly propagated from a mother plant—
(i)accepted in accordance with paragraph 5;
(ii)obtained by multiplication or micropropagation in accordance with paragraph 13;
(b)has been verified by an inspector as being true to the description of its variety in accordance with paragraph 7;
(c)has been maintained in accordance with paragraph 8;
(d)complies with the health requirements in paragraph 10;
(e)where authorised under paragraph 8(2) to be grown in the field under non-insect proof conditions, is grown in soil that is found, by sampling and testing, to comply with paragraph 11;
(f)complies with paragraph 12 concerning defects;
[F1(g)complies with the production site requirements in paragraph 12A.]
(3) Where the mother plant or propagating material no longer fulfils the relevant requirements in sub-paragraph (2), the supplier—
(a)must remove the plant or material from the vicinity of other pre-basic mother plants and pre-basic material;
(b)may take appropriate measures in order to ensure that the mother plant or material complies with those requirements again.
(4) A supplier may use any mother plant or material removed in accordance with sub-paragraph (3)(a) as basic, certified or CAC material provided the plant or material fulfils the requirements set out in these Regulations for the respective categories.
Textual Amendments
F1Sch. 5 para. 3(2)(g) inserted (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 6(7)(a)
Commencement Information
I1Sch. 5 para. 3 in force at 19.6.2017, see reg. 1(1)