The Plant Health (Scotland) Order 2005

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Title, commencement and extent

   2. 2. General interpretation

3. PART 2 IMPORTS FROM THIRD COUNTRIES

   1. 3. Interpretation of Part 2

   2. 4. Application of Part 2

   3. 5. Prohibitions and restrictions on landing plant pests and relevant material

   4. 6. Advance notification of landing

   5. 7. Requirements for certificates

   6. 8. Exceptions from certain prohibitions and requirements

   7. 9. Presentation and display of documents

   8. 10. Prohibition on removal of relevant material from an area of plant health control

   9. 11. Exceptions from prohibition on removal of relevant material from an area of plant health control

   10. 12. Plant health discharge

   11. 13. Request to an officer for Revenue and Customs for material to be detained

   12. 14. Power of an officer for Revenue and Customs

   13. 15. General provisions relating to certificates

   14. 16. Requirements to be met by relevant material prior to inspection at its place or country of destination

   15. 17. Approved places of inspection

   16. 18. Requirement for plant health movement document

4. PART 3 INTERNAL COMMUNITY CONTROLS ON MOVEMENT

   1. 19. Prohibitions on landing plant pests and relevant material

   2. 20. Prevention of the spread of plant pests

   3. 21. Requirements for plant passports

   4. 22. Exceptions from certain prohibitions and requirements

   5. 23. Validity of plant passports for Scotland

   6. 24. General provisions relating to plant passports

5. PART 4 REGISTRATION OF PLANT TRADERS AND AUTHORITY TO ISSUE PLANT PASSPORTS

   1. 25. Register of plant traders

   2. 26. Obligation to register

   3. 27. Registration requirements

   4. 28. Conditions for maintaining registration as a plant trader

   5. 29. Authority to issue plant passports

6. PART 5 SWISS TRADE AND SWISS PLANT PASSPORTS

   1. 30. Swiss trade and Swiss plant passports

7. PART 6 MEASURES TO CONTROL THE LANDING OF RELEVANT MATERIAL AND PREVENT THE SPREAD OF PLANT PESTS

   1. 31. Examination, sampling and marking

   2. 32. Actions which may be required by an inspector

   3. 33. Actions which may be taken by an inspector

   4. 34. Miscellaneous provisions as to notices

   5. 35. Service of notices

   6. 36. Information as to compliance with notices

   7. 37. Failure to comply with a notice

   8. 38. Power to enter premises used wholly or mainly as a dwelling

8. PART 7 PLANTING OF, AND CONTROL OF PLANT PESTS ON, CERTAIN SOLANACEOUS SPECIES

   1. 39. Miscellaneous provisions for certain solanaceous species

9. PART 8 LICENCES

   1. 40. Licences to carry out activities prohibited by this Order

   2. 41. Licences for trial or scientific purposes and for work on varietal selections

10. PART 9 NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION

    1. 42. Notification of the presence or suspected presence of certain plant pests

    2. 43. Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material

    3. 44. Information to be given

11. PART 10 OFFENCES

    1. 45. Offences

    2. 46. Penalties

12. PART 11 THE CUSTOMS ACT AND REVOCATION

    1. 47. The Customs Act

    2. 48. Revocation

13. Signature

14. 1. SCHEDULE 1

       Plant pests which shall not be landed in or spread within Scotland

       1. PART A Plant pests not known to occur in any part of the European Community

       2. PART B Plant pests known to occur in the European Community

    2. SCHEDULE 2

       Relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests

       1. PART A Plant pests not known to occur in the European Community

       2. PART B Plant pests known to occur in the European Community

    3. SCHEDULE 3

       Relevant material which may not be landed in Scotland if that material originates in certain third countries

    4. SCHEDULE 4

       Restrictions on the landing in and movement within Scotland of relevant material

       1. PART A Relevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied

       2. PART B Relevant material, from another part of the European Community, which may only be landed in or moved within Scotland if special requirements are satisfied

       3. PART C Relevant material which may only be landed in or moved within Scotland (as a protected zone) if special requirements are satisfied

    5. SCHEDULE 5

       Relevant material from a third country for which a phytosanitary certificate may be required

       1. PART A Relevant material which may only be landed in Scotland if accompanied by a phytosanitary certificate

          1. 1. Plants, intended for planting, other than seeds but including seeds...

          2. 2. Parts of plants, other than fruit or seeds, of–

          3. 3. Fruits of– (a) Citrus L., Fortunella Swingle, Poncirus Raf., Momordica...

          4. 4. Tubers of Solanum tuberosum L.

          5. 5. Soil or growing medium, which consists in whole or in...

          6. 6. Soil or growing medium attached to or appears to have...

          7. 7. Grain of the genera Triticum, Secale or X Triticosecale originating...

       2. PART B Relevant material which, if destined for certain protected zones, may only be landed in Scotland if accompanied by a phytosanitary certificate

          1. 1. Plants of Beta vulgaris L. intended for industrial processing.

          2. 2. Without prejudice to paragraphs 5 and 6, soil from beet...

          3. 3. Live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster...

          4. 4. Parts of plants, other than fruit or seeds, of Amelanchier...

          5. 5. Seeds of Dolichos Jacq., Magnifera spp., Beta vulgaris L. or...

          6. 6. Seeds or fruits (bolls) of Gossypium spp. or unginned cotton....

          7. 7. Fruits of Vitis L.

          8. 8. Parts of plants of Eucalyptus L'Hérit.

    6. SCHEDULE 6

       Prohibitions on the landing in and movement within Scotland of relevant material without a plant passport

       1. PART A Relevant material, from Scotland or elsewhere in the European Community, which may only be landed in or moved within Scotland if accompanied by a plant passport

          1. 1. Plants, intended for planting, other than seeds, of Amelanchier Med.,...

          2. 2. Plants, other than seeds, of Beta vulgaris L. or Humulus...

          3. 3. Plants of stolon or tuber forming species of Solanum L.,...

          4. 4. Plants, other than fruit or seeds, of Fortunella Swingle, Poncirus...

          5. 5. Plants, other than fruit or seeds, of Citrus L..

          6. 6. Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., with...

          7. 7. Plants in paragraphs (a) to (e) which are produced by...

       2. PART B Relevant material, from Scotland or elsewhere in the European Community, which may only be landed in or moved within Scotland if accompanied by a plant passport which is valid for Scotland (as a protected zone)

          1. 1. Plants in paragraphs (a) and (b) which are produced by...

    7. SCHEDULE 7

       Prohibitions on the consignment of relevant material to another part of the European Community without a plant passport

       1. PART A Relevant material which may only be consigned to another part of the European Community if accompanied by a plant passport

          1. 1. Plants, intended for planting, other than seeds, of Amelanchier Med.,...

          2. 2. Plants, other than seeds, of Beta vulgaris L. or Humulus...

          3. 3. Plants of stolon or tuber forming species of Solanum L.,...

          4. 4. Plants, other than fruit or seeds, of Fortunella Swingle, Poncirus...

          5. 5. Plants, other than fruit or seeds, of Citrus L..

          6. 6. Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., with...

          7. 7. Plants in paragraphs (a) to (e) which are produced by...

       2. PART B Relevant material which may only be consigned to a protected zone in another part of the European Community if accompanied by a plant passport which is valid for that protected zone

          1. 1. Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus...

          2. 2. Plants, other than seeds, of Populus L. or Beta vulgaris...

          3. 3. Plants, other than fruit or seeds, of Amelanchier Med., Chaenomeles...

          4. 4. Live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster...

          5. 5. Tubers of Solanum tuberosum L., intended for planting.

          6. 6. Plants of Beta vulgaris L., intended for industrial processing.

          7. 7. Soil from beet or unsterilised waste from beet (Beta vulgaris...

          8. 8. Seeds of Beta vulgaris L., Dolichos Jacq., Gossypium spp. or...

          9. 9. Fruits (bolls) of Gossypium spp. or unginned cotton or fruits...

          10. 10. The plants in paragraphs (a) and (b) which are produced...

    8. SCHEDULE 8

       Swiss plant passports

       1. PART A Relevant material originating in Switzerland which may be landed in or moved within Scotland if accompanied by a Swiss plant passport

          1. 1. Plants, other than seeds, of Beta vulgaris L., Humulus lupulus...

          2. 2. Plants, other than fruit or seeds, but including live pollen...

          3. 3. Plants of stoloniferous and tuberous species intended for planting of...

          4. 4. Plants, other than fruit, of Vitis L..

          5. 5. Plants in sub paragraphs (a) to (f), produced by producers...

       2. PART B Relevant material imported into Switzerland from another third country which, if it would normally be permitted to be landed in Scotland if accompanied by a phytosanitary certificate, may be accompanied by a Swiss plant passport or may be landed without phytosanitary documentation

          1. 1. Plants, other than seeds, intended for planting.

          2. 2. Seeds of Cruciferae, Gramineae other than Oryza spp. or Trifolium...

          3. 3. Seeds of Allium ascalonicum L., Allium cepa L., Allium porrum...

          4. 4. Seeds of Triticum, Secale and X Triticosecale originating in Afghanistan,...

          5. 5. Parts of plants, other than fruit or seeds, of–

          6. 6. Fruit of– (a) Momordica L. or Solanum melongena L.; or...

          7. 7. Tubers of Solanum tuberosum L. other than for planting.

          8. 8. Soil or growing medium, which consists in whole or in...

          9. 9. Soil or growing medium attached to or appears to have...

          10. 10. Grains of the genera Triticum, Secale or X Triticosecale originating...

    9. SCHEDULE 9

       Requirements for plant passports

       1. PART A Requirements for plants passports for any relevant material in Schedule 6 or 7

          1. 1. A plant passport may only be issued in respect of...

          2. 2. Subject to Part B, a plant passport shall comprise either...

          3. 3. The references in paragraph 1 above to an official label...

          4. 4. (1) The information contained in a plant passport shall be–...

          5. 5. Where a plant passport comprises only an official label, it...

          6. 6. Where the plant passport comprises an official label and an...

          7. 7. The information referred to in paragraph 5 and 6 above...

       2. PART B Requirements for plant passports permitted for certain material in Schedule 6 or 7

          1. 1. A plant passport in respect of any relevant material referred...

          2. 2. The official label in paragraph 1 in respect of tubers...

          3. 3. The official label in paragraph 1 in respect of seeds...

          4. 4. The official label in paragraph 1 in respect of seeds...

          5. 5. The official label in paragraph 1 in respect of seeds...

    10. SCHEDULE 10

        Form of phytosanitary certificate and form of phytosanitary certificate for re export required by article 15(1)

        1. PART A

        2. PART B

    11. SCHEDULE 11

        Form of phytosanitary certificate and form of phytosanitary certificate for re export permitted by article 15(1)

        1. PART A

        2. PART B

    12. SCHEDULE 12

    13. SCHEDULE 13

        Plant health movement document

        1. PART A

           1. 1. The plant health movement document required under article 18 shall...

           2. 2. The information contained in the notice in paragraph 1 shall...

        2. PART B

    14. SCHEDULE 14

        Special measures for the control of Potato Wart Disease

        1. 1. If, as a result of an official test, Synchytrium endobioticum...

        2. 2. A plot shall be regarded as being contaminated for the...

        3. 3. A notice under article 32 may require any potato tubers...

        4. 4. Where an inspector is satisfied that any potato tubers or...

        5. 5. Where a contaminated plot is demarcated under paragraph 1–

        6. 6. Where a safety zone is demarcated under paragraph 1 no...

        7. 7. A potato variety shall be considered to be resistant to...

        8. 8. Where an inspector is satisfied that Synchytrium endobioticum is no...

    15. SCHEDULE 15

        Special measures for the control of Potato Cyst Nematode

        1. 1. If, as a result of an official test, Potato Cyst...

        2. 2. Subject to paragraph 5, no person shall distribute as seed...

        3. 3. Subject to paragraph 5, where contaminated land is demarcated under...

        4. 4. Where an inspector is satisfied that Potato Cyst Nematode is...

        5. 5. Provided there is no risk of the spread of Potato...

        6. 6. A potato variety shall be regarded as being resistant to...

    16. SCHEDULE 16

        Special measures for the control of Potato Ring Rot

        1. 1. In this Schedule– “specified plant material” means tubers or plants...

        2. 2. Where specified plant material is designated by an inspector to...

        3. 3. The methods by which material can be required to be...

        4. 4. Where specified plant material is determined by an inspector to...

        5. 5. The methods by which material can be required to be...

        6. 6. A notice under article 32 may require that any machinery,...

        7. 7. Anything cleansed and disinfected in accordance with paragraph 6(b) shall...

        8. 8. Without prejudice to paragraph 6, a notice under article 32...

        9. 9. Subject to paragraph 13, where a place of production is...

        10. 10. The measures referred to in paragraph 9 are–

        11. 11. The measures referred to in paragraph 9 are–

        12. 12. Where an inspector is satisfied that a place of production...

        13. 13. Where an inspector is satisfied that a place of production...

        14. 14. The measures referred to in paragraph 13(b) are–

        15. 15. The authorisation referred to in paragraph 13(a) may require that...

        16. 16. Where a place of production is designated by an inspector...

    17. SCHEDULE 17

        Ralstonia solanacearum

        1. PART A Special measures for the control of Ralstonia solanacearum

           1. 1. In this Schedule– “agricultural land” means land used or capable...

           2. 2. Where specified plant material is designated by an inspector to...

           3. 3. The methods by which material can be required to be...

           4. 4. Where specified plant material is determined by an inspector to...

           5. 5. The methods by which material can be required to be...

           6. 6. A notice under article 32 may require that any machinery,...

           7. 7. Anything cleansed and, where appropriate disinfected in accordance with paragraph...

           8. 8. Without prejudice to paragraph 6, a notice under article 32...

           9. 9. Subject to paragraph 12, where a place of production is...

           10. 10. The measures referred to in paragraph 9 are–

           11. 11. The measures referred to in paragraph 9 are–

           12. 12. Where a place of production is designated by an inspector...

           13. 13. The measures referred to in paragraph 12(b) are–

           14. 14. The authorisation referred to in paragraph 12(a) may require that–...

           15. 15. Where a place of production is designated by an inspector...

           16. 16. Where a place of production is designated by an inspector...

        2. PART B Demarcation of zones for the control of Ralstonia solanacearum

           1. 1. The Scottish Ministers shall make notice available to the public,...

           2. 2. The zone shall remain demarcated for the purposes of this...

           3. 3. For the purposes of this Order, a notice made available...

           4. 4. Any premises which are partly inside and partly outside a...

           5. 5. Paragraph 4 shall not apply in respect of any part...

           6. 6. When a declaration has been made pursuant to paragraph 1...

    18. SCHEDULE 18

        Notification requirements

        1. 1. Live organisms of the animal kingdom

        2. 2. Ditylenchus dipsaci (Kühn) Filipjev – Stem nematode.

        3. 3. Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida Stone Behrens –...

        4. 1. Bacteria

        5. 2. Clavibacter michiganensis subsp. michiganensis (Smith) Davis et al. (syn. Corynebacterium...

        6. 3. Erwinia amylovora (Burr.) Winslow et al., the cause of Fire...

        7. 4. Erwinia chrysanthemi pv dianthicola (Hellmers) Dickey – Slow wilt of...

        8. 5. Xanthomonas campestris pv vesicatoria (Diodge) Dye – Tomato bacterial spot....

        9. 1. Cryptograms

        10. 2. Phialophora cinerescens (Wollenweber) Van Beyma – a carnation wilt.

        11. 3. Puccinia horiana P. Henn – Chrysanthemum white rust.

        12. 4. Verticillium albo-atrum Reinke and Berth. – Verticillium wilt disease.

        13. 5. Verticillium dahliae Klebahn – Verticillium wilt of hops.

        14. 1. Viruses and virus-like pathogens

        15. 2. Chrysanthemum stunt viroid.

        16. 3. Plum pox virus.

        17. 4. Raspberry ringspot virus.

        18. 5. Strawberry crinkle virus.

        19. 6. Strawberry latent ringspot virus.

        20. 7. Strawberry mild yellow edge virus.

        21. 8. Tomato black ring virus.

        22. 9. Tomato spotted wilt virus.

    19. SCHEDULE 19

        Revocation of Orders

15. Explanatory Note