The Windsor Framework (Plant Health) Regulations 2023

Examinations for Northern Ireland plant health labels

13.—(1) A Northern Ireland plant health label may only be issued for plants and other objects for which a meticulous examination in accordance with this regulation has shown that they meet the applicable requirements referred to in regulation 12 (substantive requirements).

(2) The plants and other objects may be examined individually or by representative samples. If they are packaged, the examination must also cover their packaging.

(3) The examination must be carried out at appropriate times, and taking into account the risks involved.

(4) The examination must be carried out by the authorised operator, except in the following cases, where it must be carried out by the competent authority—

(a) where compliance with the applicable requirements referred to in regulation 12 requires an examination to be carried out in the immediate vicinity of the place of production of the plants for planting or other objects concerned, and the authorised operator does not have access to that immediate vicinity;

(b) where paragraph (5) applies concerning inspections, sampling and testing;

(c) where it relates to seed potatoes.

(5) The examination must be made by visual examination, complemented by any official inspections, sampling and testing that are required to determine whether the plants for planting, seed potatoes or other objects comply with the applicable requirements referred to in regulation 12.

(6) The examination must be carried out at the premises or, for seed potatoes, land plots, referred to in regulation 5(2)(d) (procedure of registration). Where so required to comply with applicable requirements referred to in regulation 12, the examination must also be carried out in the immediate vicinity of the place of production or in the packaging facilities of the plants for planting, seed potatoes or other objects concerned.

(7) The results of an examination must be recorded and stored by the authorised operator for at least three years.

(8) This regulation is subject to regulation 17 in relation to plants for planting and other objects which have been introduced into Great Britain from a third country.