Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995

Prospective

Citation and commencement N.I.

1.  These Regulations may be cited as the Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995 and shall come into operation on 11th December 1995.

Commencement Information

I1 Reg. 1 in operation at 11.12.1995, see reg. 1

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

(2) In these Regulations—

“the Department” means the Department of Agriculture for Northern Ireland;

“Directive 92/33/EEC” means Council Directive 92/33/EEC(2) of 28th April 1992 on the marketing of vegetable propagating and planting material other than seed;

“Directive 93/61/EEC” means Commission Directive 93/61/EEC(3) of 2nd July 1993 setting out the schedules indicating the conditions to be met by vegetable propagating and planting material other than seed pursuant to Directive 92/33/EEC;

“inspector” means any person authorised in writing by the Department to be an inspector for the purposes of these Regulations;

“marketing” means the delivery, offer for sale, exposure for sale, sale and possession with a view to sale of plant material;

“plant material” means parts of plants and all vegetative material, including rootstocks, or entire plants (including the grafted components of grafted plants), intended for the production of vegetables, other than seeds;

“producer” means a Supplier engaged in the production or reproduction of plant material;

“responsible official body” means the Department;

“supplier” means any person professionally engaged in the production, reproduction, preservation, treatment or marketing of plant material.

Commencement Information

I2 Reg. 2 in operation at 11.12.1995, see reg. 1

Plant material to which these Regulations apply N.I.

3.—(1) Subject to paragraph (2), these Regulations shall apply to—

(a) plant material of the genera and species set out in Schedule 1 and their hybrids; and

(b) rootstocks and other parts of plants of other genera or species and their hybrids if plant material of a genus or species set out in Schedule 1 or of a hybrid of such a genus or species is or is to be grafted on to them.

(2) These Regulations shall not apply to plant material intended for—

(a) export to countries outside the European Community, if identified as such and kept sufficiently isolated from plant material not intended for such export;

(b) trials or scientific purposes;

(c) selection work; or

(d) measures aimed at the conservation of genetic diversity.

Commencement Information

I3 Reg. 3 in operation at 11.12.1995, see reg. 1

Small producers N.I.

4.  These Regulations shall not apply to a small producer all of whose production and sales of plant material are intended for final use by persons on the local market who are not professionally involved in plant production.

Commencement Information

I4 Reg. 4 in operation at 11.12.1995, see reg. 1

Quality requirements for plant material N.I.

5.  A supplier shall not market any plant material unless—

(a) it is substantially free on visual inspection from any harmful organisms and diseases impairing quality which reduce its usefulness as plant material and in particular from the organisms and diseases listed in the Annex to Directive 93/61/EEC in respect of its genus or species;

(b) 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;

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

(d) either—

(i) it belongs to a variety the seeds of which may be marketed in accordance with the Vegetable Seeds Regulations (Northern Ireland) 1994(4), or

(ii) it belongs to a variety officially accepted in a member State in accordance with Article 9 of Directive 92/33/EEC; and

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

Commencement Information

I5 Reg. 5 in operation at 11.12.1995, see reg. 1

Measures to be taken by producers N.I.

6.  A producer shall—

(a) treat or, where appropriate, remove any plant material showing visible signs or symptoms of the harmful organisms or diseases referred to in regulation 5(a) at the stage of the growing crop;

(b) report to an inspector any plant material that fails to comply with the requirements of regulation 5(a) as a result of the presence of organisms and diseases listed in the Annex to Directive 93/61/EEC; and

(c) keep plant material in lots of homogeneous composition and origin during growing and lifting or removal from parent material.

Commencement Information

I6 Reg. 6 in operation at 11.12.1995, see reg. 1

Special provisions relating to the marketing of bulbs of shallots and garlic N.I.

7.  A producer shall not market bulbs of shallots or garlic other than bulbs derived directly from plant material which was checked at the stage of the growing crop and which was found to satisfy the requirements of regulation 5(a).

Commencement Information

I7 Reg. 7 in operation at 11.12.1995, see reg. 1

Information to accompany plant material N.I.

8.—(1) Subject to paragraphs (2) and (3), a supplier shall not market any plant material unless it is accompanied by a supplier’s document on which appears the appropriate information prescribed in Part A of Schedule 2.

(2) Where plant material is accompanied by a plant passport issued in accordance with Council Directive 77/93/EEC(5), the plant passport may constitute the supplier’s document for the purposes of paragraph (1) if accompanied by the appropriate additional information prescribed in Part B of Schedule 2.

(3) Paragraph (1) shall not apply to plant material, accompanied by appropriate product information, which is marketed to a non-professional final consumer.

(4) Where young plants raised directly from seeds marketed in accordance with the Vegetable Seeds Regulations (Northern Ireland) 1994 are marketed accompanied by a supplier’s document under paragraph (1) on which appears the appropriate information prescribed in Part A of Schedule 1, the supplier shall if so requested provide the relevant seed lot reference number of the seeds to the Department.

Commencement Information

I8 Reg. 8 in operation at 11.12.1995, see reg. 1

Records to be kept by suppliers N.I.

9.—(1) Subject to paragraphs (2) and (3), a supplier other than a producer shall keep—

(a) written records, or records registered in an indelible fashion, on the buying and selling or delivery of plant material; and

(b) records on the composition and origin of any plant material of different origins mixed by him during packaging, storage or transport or at delivery.

(2) Paragraph (1) shall not apply to a supplier engaged only in the marketing of small quantities of plant material to non-professional final consumers.

(3) Paragraph (1)(b) shall not apply to a supplier engaged only in the marketing of plant material to non-professional final consumers.

(4) A producer shall keep—

(a) the records specified in paragraph 2 of Schedule 3;

(b) records on the composition and origin of any plant material of different origins mixed by him during packaging, storage or transport or at delivery; and

(c) records on all occurrences on his premises of the harmful organisms referred to in regulation 5(a) and on any measures taken in relation to such occurrences.

Commencement Information

I9 Reg. 9 in operation at 11.12.1995, see reg. 1

Accreditation of producers N.I.

10.—(1) A producer shall not market plant material unless he is accredited.

(2) The Department shall accredit a producer if it is satisfied that the producer complies with the requirements set out in Schedule 3.

(3) The Department may, by notice in writing served on an accredited producer who fails to comply with the requirements set out in Schedule 3, suspend or revoke accreditation, and in such notice shall state the grounds for suspension or revocation.

(4) Applications for accreditation shall be made to the Department in such form as it may from time to time require.

Commencement Information

I10 Reg. 10 in operation at 11.12.1995, see reg. 1

Powers of inspectors N.I.

11.—(1) An inspector, upon producing, if required to do so, some duly authenticated document showing his authority, may at any reasonable time enter any premises of a supplier where he reasonably suspects that any activity which is governed by these Regulations is being or has been carried on for the purposes of ascertaining whether there is or has been any contravention of these Regulations.

(2) An inspector on entering any premises under paragraph (1) may take with him representatives of the European Commission and such other persons as he considers to be necessary.

(3) An inspector may carry out all reasonable checks and examinations necessary to ensure compliance with these Regulations, and in particular may—

(a) take any plant material or sample from any plant material and send it for analysis;

(b) require the production of any relevant records, lists and other documents;

(c) inspect or take copies or extracts from any relevant records, lists and other documents;

(d) take any relevant records, lists and other documents for copying.

(4) An inspector may by notice in writing served on a supplier in respect of any plant material on the supplier’s premises that the inspector has reasonable grounds for suspecting fails to comply with the requirements of regulation 5(a) require the supplier not to market or to move from his premises or to permit or cause to be marketed or moved from his premises the plant material until the supplier has carried out such reasonable measures as the notice may specify.

Commencement Information

I11 Reg. 11 in operation at 11.12.1995, see reg. 1

Offences and penalties N.I.

12.  A person who without reasonable excuse, proof of which shall be on him, contravenes any provision of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Commencement Information

I12 Reg. 12 in operation at 11.12.1995, see reg. 1

Sealed with the Official Seal of the Department of Agriculture on 2nd November 1995.

(L.S.)

L. G. McKibben

Assistant Secretary