The Marketing of Ornamental Plant Propagating Material Regulations 1999

Quality requirements for propagating material E+W

4.— [F1 (1)] Propagating material shall, when marketed–

(a) be substantially free from any defects likely to impair its quality as propagating material and in particular, at least on visual inspection, be substantially free from any harmful organisms impairing quality, or any signs or symptoms of such organisms, which reduce its usefulness;

[F2 (ab) have been found at the place of production to be practically free, at least on visual inspection, from all pests listed in the Annex to Directive 93/49/EEC in relation to that propagating material;

(ac) be free, at least on visual inspection, from any RNQP in a quantity exceeding the thresholds set out in the Annex to Directive 93/49/EEC for the presence of that RNQP;

(ad) be, at least on visual inspection, practically free from, and from any signs or symptoms of, any pests which reduce its usefulness or quality as propagating material, other than the pests listed in the Annex to Directive 93/49/EEC with regard to the respective propagating material;

(ae) comply with the requirements concerning [F3 GB] quarantine pests, [F4 PFA] quarantine pests and RNQPs set out in the implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation;]

(b) have satisfactory vigour and dimensions in respect of its usefulness as propagating material;

(c) in the case of seeds, have a satisfactory germination capacity;

(d) have satisfactory identity and purity relative to the genus or species or group of plants to which it belongs; and

(e) if marketed with reference to a variety pursuant to regulation 11, have satisfactory varietal identity and purity.

[F5 (2) In this regulation—

“[F6 PFA] quarantine pest” means a pest within the meaning given by Article 32(1) of the EU Plant Health Regulation;

“RNQP” means a [F7 GB] regulated non-quarantine pest within the meaning given by Article 36 of the EU Plant Health Regulation;

“[F7 GB] quarantine pest” means a pest within the meaning given by Article 4 of the EU Plant Health Regulation.]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Reg. 4 renumbered as reg. 4(1) (E.) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 3(3)(a) and (W.) (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 3(3)(a)

F2 Reg. 4(1)(ab)-(ae) inserted (E.) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 3(3)(b) and (W.) (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 3(3)(b)

F3 Word in reg. 4(1)(ae) substituted (E.W.) (31.12.2020) by S.I. 2019/131, reg. 5(3A)(a)(i) (as inserted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(3)(b))

F4 Word in reg. 4(1)(ae) substituted (E.W.) (31.12.2020) by S.I. 2019/131, reg. 5(3A)(a)(ii) (as inserted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(3)(b))

F5 Reg. 4(2) inserted (E.) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 3(3)(c) and (W.) (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 3(3)(c)

F6 Word in reg. 4(2) substituted (E.W.) (31.12.2020) by S.I. 2019/131, reg. 5(3A)(b)(i) (as inserted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(3)(b))

F7 Word in reg. 4(2) substituted (E.W.) (31.12.2020) by S.I. 2019/131, reg. 5(3A)(b)(ii) (as inserted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(3)(b))

[F8 Quality requirements for propagating material S

4.— (1) Propagating material must, when marketed—

(a) in respect of the genera and species listed in column 2 of the table in schedule 2 (organisms and diseases), have been found, at least on visual inspection, at the place of production to be practically free from all pests listed in column 1 of that table;

(b) not exceed, at least on visual inspection, the respective thresholds for the presence of RNQPs listed in column 3 of the table in schedule 2;

(c) be, at least on visual inspection, practically free from any pests, other than the pests listed in column 1 of the table in schedule 2 in respect of the genera and species listed in the corresponding row of column 2 of that table, which reduce the usefulness and quality of that material, or from any signs or symptoms thereof;

(d) comply with the requirements concerning [F9 GB] quarantine pests, [F10 PFA] quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as with the measures adopted pursuant to Article 30(1) of that Regulation;

(e) have satisfactory vigour and dimensions in respect of its usefulness as propagating material;

(f) in the case of seeds, have a satisfactory germination capacity;

(g) have satisfactory identity and purity relative to the genus or species or group of plants to which it belongs; and

(h) if marketed with reference to a variety pursuant to regulation 11, have satisfactory varietal identity and purity.

(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,

[F11 “GB quarantine pest” has the meaning given in Article 4 (definition of GB quarantine pests) of the EU Plant Health Regulation,]

[F12 “PFA quarantine pest” has the meaning given in Article 32 (recognition of GB pest free areas), paragraph 1 of the EU Plant Health Regulation,]

“RNQP” means a [F13 GB] regulated non-quarantine pest within the meaning given in Article 36 (definition of [F13 GB] regulated non-quarantine pests) of the EU Plant Health Regulation, and

F14 ...]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F8 Reg. 4 substituted (S.) (1.7.2020) by The Seed and Plant Material (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/165), regs. 1(1), 4(2)

F9 Word in reg. 4(1)(d) substituted (S.) (31.12.2020) by S.S.I. 2019/59, reg. 11(3A)(a)(i) (as inserted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 12(3))

F10 Word in reg. 4(1)(d) substituted (S.) (31.12.2020) by S.S.I. 2019/59, reg. 11(3A)(a)(ii) (as inserted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 12(3))

F11 Words in reg. 4(2) inserted (S.) (31.12.2020) by S.S.I. 2019/59, reg. 11(3A)(b)(i) (as inserted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 12(3))

F12 Words in reg. 4(2) substituted (S.) (31.12.2020) by S.S.I. 2019/59, reg. 11(3A)(b)(ii) (as inserted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 12(3))

F13 Word in reg. 4(2) substituted (S.) (31.12.2020) by S.S.I. 2019/59, reg. 11(3A)(b)(iii) (as inserted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 12(3))

F14 Words in reg. 4(2) omitted (S.) (31.12.2020) by S.S.I. 2019/59, reg. 11(3A)(b)(iv) (as inserted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 12(3))