1995 No. 415
Plant Health
Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995
Made 2nd November 1995
Coming into operation 11th December 1995

The Department of Agriculture, being a Department designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2) and of every other power enabling it in that behalf, hereby makes the following Regulations:
See S.I. 1972/1811
1972 c. 68; section 2 is subject to Schedule 2 to that Act and is to be read with S.I. 1984/703 (N.I. 3) and S.R. 1984 No. 253

1 Citation and commencement
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.
Reg. 1 in operation at 11.12.1995, see reg. 1

2 Interpretation
1 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.
1954 c. 33 (N.I.)
2 In these Regulations—
“the Department” means the Department of Agriculture for Northern Ireland;
“Directive 92/33/EEC” means Council Directive 92/33/EEC 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 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.
O.J. No. L.157, 10.6.92, p. 1, as amended by Commission Decision 95/25/EC (O.J. No. L.36, 16.2.95, p. 34)
O.J. No. L.250, 7.10.93, p. 19
Reg. 2 in operation at 11.12.1995, see reg. 1

3 Plant material to which these Regulations apply
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.
Reg. 3 in operation at 11.12.1995, see reg. 1

4 Small producers
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.
Reg. 4 in operation at 11.12.1995, see reg. 1

5 Quality requirements for plant material
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, or
S.R. 1994 No. 250
(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.
Reg. 5 in operation at 11.12.1995, see reg. 1

6 Measures to be taken by producers
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.
Reg. 6 in operation at 11.12.1995, see reg. 1

7 Special provisions relating to the marketing of bulbs of shallots and garlic
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).
Reg. 7 in operation at 11.12.1995, see reg. 1

8 Information to accompany plant material
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, 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.
Council Directive 77/93/EEC of 21st December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (O.J. No. L.26, 31.1.77, p. 20), as last amended by Commission Directive 95/41/EC of 19th July 1995 (O.J. No. L.182, 2.8.95, p. 17)
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.
Reg. 8 in operation at 11.12.1995, see reg. 1

9 Records to be kept by suppliers
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.
Reg. 9 in operation at 11.12.1995, see reg. 1

10 Accreditation of producers
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.
Reg. 10 in operation at 11.12.1995, see reg. 1

11 Powers of inspectors
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.
Reg. 11 in operation at 11.12.1995, see reg. 1

12 Offences and penalties
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.
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

SCHEDULE 1 Species and Genera to which the Regulations apply
Regulation 3(1)
Asparagus (Asparagus officinalis L.)
Aubergine or eggplant (Solanum melongena L.)
Beetroot or red beet (Beta vulgaris L.)
Broad bean (Vicia faba L.)
Broccoli (Brassica oleracea L.)
Brussels sprouts (Brassica oleracea L.)
Cabbage (red, Savoy, white) (Brassica oleracea L.)
Cardoon (Cynara cardunculus L.)
Carrot (Daucus carota L.)
Cauliflower (Brassica oleracea L.)
Celery (Apium graveolens L. var. dulce (Mill.) DC.)
Chervil (Anthriscus cerefolium (L.) H. Hoffm.)
Chinese cabbage (described in Directive 92/33/EEC as Brassica pekinensis L.)
Corn salad (Valerianella locusta (L.) Betcke.)
Courgette and marrow (Cucurbita pepo L.)
Cucumber and gherkin (Cucumis sativus L.)
Curly kale (Brassicaoleracea L.)
Endive (Cichoriumendivia L.)
Fennel (Foeniculumvulgare Mill.)
French bean (Phaseolusvulgaris L.)
Garlic (Alliumsativum L.)
Globe artichoke (Cynarascolymus L.)
Gourd (Cucurbita maxima Duchesne)
Japanese or Welsh bunching onion (Alliumfistulosum L.)
Kohlrabi (Brassicaoleracea L.)
Leek (described in Directive 92/33/EEC as Alliumporrum L.)
Lettuce (Lactucasativa L.)
Mangold (Betavulgaris L.)
Melon (Cucumismelo L.)
Onion (described in Directive 92/33/EEC as Alliumcepa L.)
Parsley (Petroselinum crispum (Mill.) A. W. Hill)
Peas excepting fodder peas (Pisumsativum L.)
Pepper (Capsicumannuum L.)
Radish (Raphanussativus L.)
Rhubarb (Rheum)
Runner bean (Phaseoluscoccineus L.)
Scorzoneta (Scorzonetahispanica L.)
Shallot (described in Directive 92/33/EEC as Alliumascalonicum L.)
Spinach (Spinaciaoleracea L.)
Tomato (Lycopersicon esculentum Mill. but described in Directive 92/33/EEC as Lycopersiconlycopersicum (L.) Karsten ex Farw.)
Turnip (Brassicarapa L.)
Watermelon (Citrullus lanatus (Thunb.) Matsum. & Nakai)
Witloof chicory (Cichoriumintybus L.)
Sch. 1 in operation at 11.12.1995, see reg. 1

SCHEDULE 2 Content of a supplier’s document

PART A INFORMATION TO APPEAR ON A SUPPLIER’S DOCUMENT
Regulation 8(1) and (2)
1 “EC quality”.
Sch. 2 Pt. A para. 1 in operation at 11.12.1995, see reg. 1
2 Indication of EC member State code.
Sch. 2 Pt. A para. 2 in operation at 11.12.1995, see reg. 1
3 Indication of responsible official body or its distinguishing code.
Sch. 2 Pt. A para. 3 in operation at 11.12.1995, see reg. 1
4 Registration or accreditation number.
Sch. 2 para. 4 in operation at 11.12.1995, see reg. 1
5 Name of supplier.
Sch. 2 para. 5 in operation at 11.12.1995, see reg. 1
6 Individual serial, week or batch number.
Sch. 2 para. 6 in operation at 11.12.1995, see reg. 1
7 Date of issue of supplier’s document.
Sch. 2 para. 7 in operation at 11.12.1995, see reg. 1
8 Common name.
Sch. 2 para. 8 in operation at 11.12.1995, see reg. 1
9 Denomination of the variety or, in the case of rootstock, denomination of the variety or its designation.
Sch. 2 para. 9 in operation at 11.12.1995, see reg. 1
10 Quantity.
Sch. 2 para. 10 in operation at 11.12.1995, see reg. 1

PART B INFORMATION TO ACCOMPANY A PLANT PASSPORT WHICH CONSTITUTES A SUPPLIER’S DOCUMENT
1 “EC quality”.
Sch. 2 Pt. B para. 1 in operation at 11.12.1995, see reg. 1
2 Indication of responsible official body or its distinguishing code.
Sch. 2 Pt. B para. 2 in operation at 11.12.1995, see reg. 1
3 Denomination of the variety or, in the case of rootstock, denomination of the variety or its designation.
Sch. 2 Pt. B para. 3 in operation at 11.12.1995, see reg. 1

SCHEDULE 3 Accreditation requirements for producers
Regulations 9(4) and 10(2) and (3)
1 To ensure that the following aspects of the production process are monitored as appropriate—
(a) the quality of plant material used to start the production process;
(b) the sowing, pricking-out, potting-up and planting of plant material;
(c) the cultivation plan and method and general crop care;
(d) the multiplication and harvesting operations; and
(e) hygiene, treatments, packaging, storage, transport and administration.
Sch. 3 para. 1 in operation at 11.12.1995, see reg. 1
2 To keep, and to retain for at least one year, written records, or records registered in an indelible fashion, on plant material purchased for storage or planting on the premises, under production, or dispatched to others, and to keep, and to retain for at least one year, written records, or records registered in an indelible fashion, and related documents on any chemical treatments applied to plants.
Sch. 3 para. 2 in operation at 11.12.1995, see reg. 1
3 To designate a person technically experienced in plant production and related plant health matters to liaise with the Department.
Sch. 3 para. 3 in operation at 11.12.1995, see reg. 1
4 To carry out visual observations as necessary and at appropriate times in a manner acceptable to the Department.
Sch. 3 para. 4 in operation at 11.12.1995, see reg. 1
5 To ensure access to the premises for persons entitled to entry under these Regulations, in particular for inspections and, where appropriate, sampling, and to the records and related documents referred to in paragraph 2.
Sch. 3 para. 5 in operation at 11.12.1995, see reg. 1
6 To co-operate with the Department.
Sch. 3 para. 6 in operation at 11.12.1995, see reg. 1

EXPLANATORY NOTE
(This note is not part of the Regulations.)
The Regulations implement as respects Northern Ireland Council Directive 92/33/EEC (O.J. No. L.157, 10.6.92, p. 1) and Commission Directives 93/61/EEC (O.J. No. L.250, 7.10.93, p. 19) and 93/62/EEC (OJ. No. L.250, 7.10.93, p. 29) on the marketing of vegetable propagating and planting material other than seed within the European Community.
The Regulations set quality standards to be met by certain genera and species of plant material when marketed and prescribe conditions to be satisfied by suppliers of plant material, subject to an exemption for small producers 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 (regulation 4).
Suppliers may not market plant material unless it is substantially free on visual inspection from harmful organisms and diseases and unless it satisfies minimum quality requirements; and producers are required to take certain measures if such organisms and diseases are found (regulations 5 and 6). Additional quality requirements are prescribed in respect of the marketing of bulbs of shallots and garlic by producers (regulation 7).
When marketed plant material must be accompanied by a supplier’s document or, when marketed to non-professional final consumers, by appropriate product information (regulation 8 and Schedule 2).
The Regulations require suppliers who are neither producers nor engaged only in the marketing of small quantities of plant material to non-professional final consumers to keep records on the buying, selling or delivery of plant material. Suppliers (including producers) other than those engaged in the marketing of plant material to non-professional final consumers are also required to keep records on any mixing of plant material of different origins. Producers must in addition keep records on occurrences of harmful organisms (regulation 9).
Producers who market plant material must be accredited by the Department of Agriculture. Accreditation is conditional on the maintenance of production practices in accordance with requirements established by the Regulations and on the keeping of prescribed records (regulation 10 and Schedule 3).
An inspector may enter the premises of a supplier to ensure compliance with these Regulations and may by notice prohibit the marketing or movement of unsatisfactory plant material (regulation 11).
Regulation 12 relates to offences and penalties.