The Seed and Plant Material (Miscellaneous Amendments) (Scotland) Regulations 2020

Amendment of the Marketing of Vegetable Plant Material Regulations 1995

3.—(1) The Marketing of Vegetable Plant Material Regulations 1995(1) are amended as follows.

(2) For regulation 5 (quality requirements for plant material) substitute—

“Quality requirements for plant material

5.— (1) No plant material may be marketed by a supplier unless—

(a) at the place of production it was found, at least on visual inspection, to be practically free from all pests listed in column 1 of the table in schedule 1A (RNQPs concerning vegetable propagating and planting material), with regard to the genera and species listed in the corresponding row of column 2 of that table;

(b) the presence of RNQPs on it does not, at least upon visual inspection, exceed the threshold set out in corresponding row of column 3 of the table in schedule 1A;

(c) it is found upon visual inspection to be practically free from any pests, other than the pests listed in column 1 of the table in schedule 1A with regard to the genera and species listed in the corresponding row of column 2 of that table, which reduce the usefulness and quality of the vegetable propagating and planting material;

(d) it complies with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in the EU Plant Health Regulation and in the implementing acts adopted pursuant to that Regulation, including with the measures adopted pursuant to Article 30(1) of that Regulation;

(e) it is substantially free from any defects, including unsatisfactory vigour and dimensions and imbalances between roots, stems and leaves, likely to impair its usefulness as plant material;

(f) it has adequate identity and purity relative to its genus or species and variety;

(g) either—

(i) it belongs to a variety the seeds of which may be marketed in accordance with the Vegetable Seeds Regulations 1993(2); or

(ii) it belongs to a variety officially accepted in a member State in accordance with Article 9 of Directive 2008/72/EC(3); and

(h) it is in lots of sufficiently homogeneous composition and origin.

(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(4),

“protected zone quarantine pest” has the meaning given in Article 32 (recognition of protected zones), paragraph 1 of the EU Plant Health Regulation,

“RNQP” means a Union regulated non-quarantine pest within the meaning given in Article 36 (definition of Union regulated non-quarantine pests) of the EU Plant Health Regulation, and

“Union quarantine pest” has the meaning given in Article 4 (definition of Union quarantine pests) of the EU Plant Health Regulation.”.

(3) In regulation 6 (measures to be taken by producers)—

(a) omit paragraph (a),

(b) in paragraph (b)—

(i) for “5(a)” substitute “5(1)(a) and (b)”, and

(ii) for the words from “the Annex” to “93/61/EC” substitute “column 1 of the table in schedule 1A (RNQPs concerning vegetable propagating and planting material)”.

(4) Omit regulation 7 (special provisions relating to marketing shallots and garlic).

(5) In regulation 9 (records to be kept by suppliers), in paragraph (4)(c), for the words from “harmful organisms” to “5(a)” substitute “pests referred to in regulation 5(1)(a) to (c)”.

(6) In regulation 11 (powers of inspectors), in paragraph (4), for “5(a)” substitute “5(1)(a) to (c)”.

(7) Before schedule 2 (content of supplier’s document) insert—

Regulation 5

“SCHEDULE 1A RNQPs concerning vegetable propagating and planting material

Bacteria
Column 1 RNQPs or symptoms caused by RNQPs	Column 2 Vegetable propagating and planting material (genus or species)	Column 3 Threshold for the presence of RNQPs on the vegetable propagating and planting material
Clavibacter michiganensis ssp. michiganensis (Smith) Davis et al. [CORBMI]	Solanum lycopersicum L.	0%
Xanthomonas euvesicatoria Jones et al. [XANTEU]	Capsicum annuum L., Solanum lycopersicum L.	0%
Xanthomonas gardneri (ex Šutič 1957) Jones et al. [XANTGA]	Capsicum annuum L., Solanum lycopersicum L.	0%
Xanthomonas perforans Jones et al. [XANTPF]	Capsicum annuum L., Solanum lycopersicum L.	0%
Xanthomonas vesicatoria (ex Doidge) Vauterin et al. [XANTVE]	Capsicum annuum L., Solanum lycopersicum L.	0%
Fungi and oomycetes
Column 1 RNQPs or symptoms caused by RNQPs	Column 2 Vegetable propagating and planting material (genus or species)	Column 3 Threshold for the presence of RNQPs on the vegetable propagating and planting material
Fusarium Link (anamorphic genus) [1FUSAG] other than Fusarium oxysporum f. sp. albedinis (Kill. & Maire) W.L. Gordon [FUSAAL] and Fusarium circinatum Nirenberg & O’Donnell [GIBBCI]	Asparagus officinalis L.	0%
Helicobasidium brebissonii (Desm.) Donk [HLCBBR]	Asparagus officinalis L.	0%
Stromatinia cepivora Berk. [SCLOCE]	Allium cepa L., Allium fistulosum L., Allium porrum L., Allium sativum L.	0%
Verticillium dahliae Kleb. [VERTDA]	Cynara cardunculus L.	0%
Nematodes
Column 1 RNQPs or symptoms caused by RNQPs	Column 2 Vegetable propagating and planting material (genus or species)	Column 3 Threshold for the presence of RNQPs on the vegetable propagating and planting material
Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]	Allium cepa L., Allium sativum L.	0%
Viruses, viroids, virus-like diseases and phytoplasmas
Column 1 RNQPs or symptoms caused by RNQPs	Column 2 Vegetable propagating and planting material (genus or species)	Column 3 Threshold for the presence of RNQPs on the vegetable propagating and planting material
Leek yellow stripe virus [LYSV00]	Allium sativum L.	1%
Onion yellow dwarf virus [OYDV00]	Allium cepa L., Allium sativum L.	1%
Potato spindle tuber viroid [PSTVD0]	Capsicum annuum L., Solanum lycopersicum L.	0%
Tomato spotted wilt tospovirus [TSWV00]	Capsicum annuum L., Lactuca sativa L., Solanum lycopersicum L., Solanum melongena L.	0%
Tomato yellow leaf curl virus [TYLCV0]	Solanum lycopersicum L.	0%”.

(1)

S.I. 1995/2652, as relevantly amended by S.S.I. 2007/133.

(2)

S.S.I. 1993/2008.

(3)

OJ L 205, 01.08.2008, p.28, as last amended by Commission Implementing Directive (EU) 2019/990 (OJ L 160, 18.06.2019, p.14) with effect from 8 July 2019.

(4)

OJ L 317, 23.11.2016, p.4, as last amended by Regulation (EU) 2017/625 (OJ L 95, 7.4.2017, p.1) with effect from 14 December 2019.