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6.—(1) In Part A (relevant material, from third countries, which may only be landed in Northern Ireland if special requirements are satisfied) of Schedule 4—
(a)for items 7 and 7a substitute(1)—
“7. | Plants, other than seeds, of Castanea Mill. or Quercus L., intended for planting, originating in any third country | Without prejudice to the requirements in items 5, 6, 61, 62 and 65, the plants shall be accompanied by an official statement that: (a) they originate in an area or areas known to be free from Cryphonectriaparasitica (Murrill) Barr; or (b) no symptoms of Cryphonectriaparasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation” |
(b)for item 8a(2) substitute—
“8a. | Plants of Fraxinus L., Juglansailantifolia Carr., Juglans mandshurica Maxim., Ulmus davidiana Planch. and Pterocarya rhoifolia Siebold & Zucc., other than fruit and seeds, but including cut branches with or without foliage, originating in Canada, China, Democratic People’s Republic of Korea, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA | Without prejudice to the requirements in item 8b, the plants shall be accompanied by an official statement that they originate in an area recognised as being free from Agrilus planipennis Fairmaire, in accordance with the procedure referred to in Article 18(2) of Directive 2000/29/EC. The name of the area shall be mentioned on the phytosanitary certificate or phytosanitary certificate for re-export”; |
(c)for item 9 substitute—
“9. | Plants, other than seeds, of Platanus L. intended for planting, originating in Armenia, Switzerland or the USA | The plants shall be accompanied by an official statement that no symptoms of Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation”; |
(d)for item 13 substitute(3)—
“13. | Plants of Betula L., other than fruit or seeds, but including cut branches of Betula L., with or without foliage, originating in any third country | The plants shall be accompanied by an official statement that they originate in a country known to be free of Agrilus anxius Gory”; |
(e)omit item 14;
(f)in item 18(4)—
(i)in the second column for “other than Brazil”, substitute “other than Brazil or South Africa”;
(ii)in the third column for “Guignardiacitricarpa Kiely”(5) where it appears, substitute “Phyllostictacitricarpa (McAlpine) Van der Aa”;
(g)after item 18a(6), insert—
“18b. | Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., other than fruits of Citrus aurantium L. or Citrus latifolia Tanaka, originating in South Africa | Without prejudice to the requirements in items 15 to 17 and 19, and by way of derogation from paragraphs (c) and (d) in the third column of item 18, the fruits shall be accompanied by a phytosanitary certificate which includes an official statement in accordance with point 1 of the Annex to Decision 2014/422/EU”; |
(h)in the third column of item 36, after “35” insert “, 36b”;
(i)for items 36a and 36b(7) substitute—
“36a. | Tubers of Solanum tuberosum L., other than those intended for planting, originating in any third country | Without prejudice to the provisions applicable to tubers listed in items 33 to 35 and 36b, the tubers shall be accompanied by an official statement that they originate in an area or areas in which Ralstonia solanacearum (Smith) Yabuuchi et al. is not known to occur |
36b. | Tubers of Solanum tuberosum L. originating in any third country | Without prejudice to the provisions applicable to tubers listed in items 33 to 36a, the tubers shall be accompanied by an official statement that the tubers originate: (a) in a country where Scrobipalpopsis solanivora Povolny is not known to occur; or (b) in an area free from Scrobipalpopsis solanivora Povolny, established by the national plant protection organisation in accordance with ISPM No. 4”; |
(j)in the second column of items 38 and 39, for “Lycopersiconlycopersicum (L.) Karsten ex Farw.” substitute “Solanumlycopersicum L.”;
(k)omit item 42a(8);
(l)for items 42 and 43(9) substitute—
“42. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium l’Hérit. ex Ait., intended for planting, originating in any third country | Without prejudice to the requirements in items 43 to 45, 47 to 49, 51, 56, 61, 65 and 67, the plants shall be accompanied by an official statement that: (a) they originate in an area free from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.), established by the national plant protection organisation in accordance with ISPM No. 4; (b) no signs of Helicoverpa armigera (Hübner) or Spodoptera littoralis (Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or (c) the plants have undergone appropriate treatment to protect them from the plant pests referred to in paragraphs (a) and (b) |
43. | Plants, other than seeds, of Dendranthema (DC.) Des Moul., Dianthus L. or Pelargonium l’Hérit. ex Ait., originating in any third country | Without prejudice to the requirements in items 42, 44 to 45, 47 to 49, 51, 56, 61, 65 and 67, the plants shall be accompanied by an official statement that: (a) they originate in an area free from Spodoptera eridania (Cramer), Spodoptera frugiperda Smith and Spodoptera litura (Fabricius), established by the national plant protection organisation in accordance with ISPM No. 4; (b) no signs of Spodoptera eridania (Cramer), Spodoptera frugiperda Smith or Spodoptera litura (Fabricius) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or (c) the plants have undergone appropriate treatment to protect them from the plant pests referred to in paragraphs (a) and (b)”; |
(m)in the third column of item 44, after “43”, insert “44a,”;
(n)after item 44, insert—
“44a. | Plants, other than seeds, of Dendranthema (DC.) Des Moul and Solanum lycopersicum L., intended for planting | Without prejudice to the requirements applicable to the plants listed in items 37, 38, 39, 42 to 44, the plants shall be accompanied by an official statement that: (a) the plants have been grown throughout their life in a country free from Chrysanthemum stem necrosis virus; (b) the plants have been grown throughout their life in an area established by the plant protection organisation in the country of export as being free from Chrysanthemum stem necrosis virus in accordance with ISPM No. 4; or (c) the plants have been grown throughout their life in a place of production, established as being free from Chrysanthemum stem necrosis virus and verified through official inspections and, where appropriate, testing” |
(o)in the third column of item 49—
(i)omit the word “or” immediately preceding paragraph (c);
(ii)at the end of paragraph (c) add —
“; or
(d)they originate from plant material (explant) which is free from Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza sativae (Blanchard) or Amauromyza maculosa (Malloch) and are shipped in transparent containers under sterile conditions”;
(p)in the third column of item 51—
(i)omit the word “or” immediately preceding paragraph (c);
(ii)at the end of paragraph (c) add —
“; or
(d)they originate from plant material (explant) which is free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza huidobrensis (Blanchard) or Liriomyza trifolii (Burgess) and are shipped in transparent containers under sterile conditions”;
(q)for item 52 substitute—
“52. | Plants with roots, planted or intended for planting, grown in the open air, originating in any third country | The plants shall be accompanied by an official statement that: (a) the place of production is known to be free from Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. and Synchytrium endobioticum (Schilbersky) Percival; and (b) the plants originate from a field known to be free from Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens”; |
(r)in the third column of item 56—
(i)for “47, 49” substitute “47 to 49”;
(ii)omit the word “or” immediately preceding paragraph (c);
(iii)at the end of paragraph (c) add—
“; or
(d)they originate from plant material (explant) which is free from Thrips palmi Karny, are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Thrips palmi Karny and are shipped in transparent containers under sterile conditions”;
(s)after item 57, insert—
“57a. | Fruits of Capsicum L. originating in Belize, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Panama, Puerto Rico, USA or French Polynesia where Anthonomus eugenii Cano is known to occur | The fruits shall be accompanied by an official statement that they: (a) originate in an area free from Anthonomus eugenii Cano, established by the national plant protection organisation in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the rubric “Additional declaration”; or (b) originate in a place of production established in the country of export by the national plant protection organisation in that country as being free from Anthonomus eugenii Cano, in accordance with ISPM No. 10, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the rubric “Additional declaration”, and declared free from Anthonomus eugenii Cano on official inspections carried out at least monthly during the two months prior to export at the place of production and its immediate vicinity”; |
(t)omit item 59;
(u)in the third column of item 67—
(i)omit the word “or” immediately preceding paragraph (c);
(ii)at the end of paragraph (c) add —
“; or
(d)they originate from plant material (explant) which is free from Bemisia tabaci Genn. (non-European populations), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Bemisia tabaci Genn. (non-European populations) and are shipped in transparent containers under sterile conditions”;
(v)in the second column of items 69 and 70, for “Lycopersiconlycopersicum (L.) Karsten ex Farw.”, substitute “Solanumlycopersicum L.”;
(w)in the third column of item 72—
(i)omit the word “or” immediately preceding paragraph (c);
(ii)at the end of paragraph (c) add —
“; or
(d)the plants originate from plant material (explant) which is free from Bemisia tabaci Genn. (non-European populations) and which did not show any symptoms of Bemisia tabaci Genn. (non-European populations), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Bemisia tabaci Genn. (non-European populations) and are shipped in transparent containers under sterile conditions”;
(x)in the second column of item 74, for “Lycopersiconlycopersicum (L.) Karsten ex Farw.” substitute “Solanumlycopersicum L.”;
(y)in the third column of item 75—
(i)omit the word “or” immediately preceding paragraph (b);
(ii)at the end of paragraph (b) add —
“; or
(c)the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found to be free of Ditylenchus dipsaci (Kühn) Filipjev after laboratory tests on a representative sample”;
(z)after item 83(10), add —
“84. | Plants of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Atalantia Corrêa, Balsamocitrus Stapf, Burkillanthus Swingle, Calodendrum Thunb., Choisya Kunth, Clausena Burm. f., Limonia L., Microcitrus Swingle, Murraya J. Koenig ex L., Pamburus Swingle, Severinia Ten., Swinglea Merr., Triphasia Lour. and Vepris Comm., other than fruit (but including seeds); and seeds of Citrus L., Fortunella Swingle and Poncirus Raf., originating in any third country | Without prejudice to the requirements in items 85 and 86, the plants shall be accompanied by an official statement that they originate in a country recognised as being free from Candidatus Liberibacter spp., causal agent of Huanglongbing disease of citrus/citrus greening in accordance with the procedure referred to in Article 18(2) of Directive 2000/29/EC |
85. | Plants, other than fruit or seeds, of Casimiroa La Llave, Clausena Burm. f., Vepris Comm. or Zanthoxylum L., originating in any third country | Without prejudice to the requirements in items 84 and 86, the plants shall be accompanied by an official statement that they originate: (a) in a country in which Trioza erytreae Del Guercio is known not to occur; or (b) in an area free from Trioza erytreae Del Guercio, established by the national plant protection organisation in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Additional declaration” |
86. | Plants, other than fruit or seeds, of Aegle Corrêa, Aeglopsis Swingle, Afraegle Engl., Amyris P. Browne, Atalantia Corrêa, Balsamocitrus Stapf, Choisya Kunth, Citropsis Swingle & Kellerman, Clausena Burm. f., Eremocitrus Swingle, Esenbeckia Kunth., Glycosmis Corrêa, Limonia L., Merrillia Swingle, Microcitrus Swingle, Murraya J. Koenig ex L., Naringi Adans., Pamburus Swingle, Severinia Ten., Swinglea Merr., Tetradium Lour., Toddalia Juss., Triphasia Lour., Vepris Comm. or Zanthoxylum L., originating in any third country | Without prejudice to the requirements in items 84 and 85, the plants shall be accompanied by an official statement that they originate: (a) in a country in which Diaphorina citri Kuway is known not to occur; or (b) in an area free from Diaphorina citri Kuway, established by the national plant protection organisation in accordance with ISPM No. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the rubric “Additional declaration””; |
(2) In Part B (relevant material, from another part of the European Community, which may only be landed in or moved within Northern Ireland if special requirements are satisfied) of Schedule 4—
(a)for items 4 and 4a(11) substitute—
“4. | Plants, other than seeds, of Castanea Mill. or Quercus L. intended for planting | The plants shall be accompanied by an official statement that: (a) they originate in an area known to be free from Cryphonectria parasitica (Murrill) Barr; or (b) no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation”; |
(b)for item 5 substitute—
“5. | Plants, other than seeds, of Platanus L. intended for planting | The plants shall be accompanied by an official statement that: (a) they originate in an area known to be free from Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr.; or (b) no symptoms of Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation”; |
(c)for item 7 substitute—
“7. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle or Poncirus Raf. | Without prejudice to the requirements in item 7a, the plants shall be accompanied by an official statement that: (a) the plants originate in an area or areas known to be free from Spiroplasma citri Saglio et al., Phoma tracheiphila (Petri) Kanchaveli and Gikashvili and Citrus tristeza virus (European strains); or (b) the plants derive from a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official individual testing for, at least, Citrustristeza virus (European strains), using appropriate tests or methods in line with international standards, and has been growing permanently in an insect proof glasshouse or in an isolated cage on which no symptoms of Spiroplasmacitri Saglio et al., Phomatracheiphila (Petri) Kanchaveli and Gikashvili or Citrustristeza virus (European strains) have been observed; or (c) the plants— (i) have been derived from a certification scheme requiring them to be derived in direct line from material which has been maintained under appropriate conditions and has been subjected to official individual testing for, at least, Citrus tristeza virus (European strains), using appropriate tests or methods in line with international standards, and has been found, in these tests, free from Citrus tristeza virus (European strains) and certified free from at least Citrus tristeza virus (European strains) in official individual tests carried out according to the methods mentioned in this paragraph, and (ii) have been inspected and no symptoms of Spiroplasmacitri Saglio et al., Phomatracheiphila (Petri) Kanchaveli and Gikashvili or Citrustristeza virus (European strains) have been observed since the beginning of the last complete cycle of vegetation |
7a. | Plants, other than fruit or seeds, of Citrus L., Fortunella Swingle, Poncirus Raf., Casimiroa La Llave, Clausena Burm f., Vepris Comm. or Zanthoxylum L. | Without prejudice to the requirements in item 7, the plants shall be accompanied by an official statement that they originate in an area free from Trioza erytreae Del Guercio, established by the national plant protection organisation in accordance with ISPM No. 4”; |
(d)in the third column of item 15(12)—
(i)for “16 and 19a” substitute “15a, 16 and 19a”;
(ii)in paragraphs (a) and (b) for “Community” substitute “European Union”;
(iii)omit paragraph (c);
(e)after item 15, insert—
“15a. | Tubers of Solanum tuberosum L. intended for planting, other than those to be planted in accordance with Article 4.4(b) of Directive 2007/33/EC | Without prejudice to the requirements in items 15 and 16 , the tubers shall be accompanied by an official statement that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with”; |
(f)for item 19(13) substitute—
“19. | Tubers of Solanum tuberosum L., other than those mentioned in column 2 of items 15 to 18 | Without prejudice to the requirements in item 19a, there shall be evidence by a registration number put on the packaging, or in the case of loose-loaded potatoes transported in bulk, on the vehicle transporting the potatoes, that the potatoes have been grown by an officially registered producer, or originate from officially registered collective storage or dispatching centres located in the area of production, indicating that the tubers are free from Ralstonia solanacearum (Smith) Yabuuchi et al. and that: (a) the European Union provisions to combat Synchytrium endobioticum (Schilbersky) Percival; (b) where appropriate, the European Union provisions to combat Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al.; and (c) the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with”; |
(g)for item 19A(14) substitute—
“19a. | Tubers of Solanum tuberosum L., other than those mentioned in column 2 of items 16 to 18, which originate in Poland | Without prejudice to item 19, the tubers shall be accompanied by a certificate issued by the responsible official body of Poland confirming that they have been found to be free from Clavibacter michiganensis ssp. sepedonicus (Spiekermann and Kotthoff) Davis et al. in official laboratory tests”; |
(h)after item 20a(15), insert—
“20b. | Plants with roots of Capsicum spp., Solanumlycopersicum L. or Solanummelongena L. intended for planting, other than those to be planted in accordance with Article 4.4(a) of Directive 2007/33EC | Without prejudice to the requirements in items 20 and 21, the plants shall be accompanied by an official statement that the European Union provisions to combat Globoderapallida (Stone) Behrens and Globoderarostochiensis (Wollenweber) Behrens are complied with”; |
(i)in the second column of item 21, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”;
(j)in the third column of item 23(16), for paragraphs (a) and (b) substitute—
“(a)they originate in an area free from Helicoverpa armigera (Hübner) and Spodoptera littoralis (Boisd.), established by the national plant protection organisation in accordance with ISPM No. 4;
(b)no signs of Helicoverpa armigera (Hübner) or Spodoptera littoralis (Boisd.) have been observed at the place of production since the beginning of the last complete cycle of vegetation; or
(c)they have undergone appropriate treatment to protect them from the plant pests mentioned in paragraphs (a) and (b)”;
(k)in the third column of item 27—
(i)omit the word “or” immediately preceding paragraph (c);
(ii)at the end of paragraph (c), add —
“; or
(d)they originate from plant material (explant) which is free from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess), are grown in vitro in a sterile medium under sterile conditions that preclude the possibility of infestation with Liriomyza huidobrensis (Blanchard) or Liriomyza trifolii (Burgess) and are shipped in transparent containers under sterile conditions”;
(l)in the third column of item 28, omit “, Globodera pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens”;
(m)after item 28, insert—
“28a. | Plants with roots grown in the open air of Allium porrum L., Asparagus officinalis L., Beta vulgaris L., Brassica spp. or Fragaria L. intended for planting, other than those plants to be planted in accordance with Article 4.4(a) or (c) of Directive 2007/33/EC | Without prejudice to the requirements in item 28, there shall be evidence that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with |
28b. | Bulbs, tubers or rhizomes, grown in the open air, of Allium ascalonicum L., Allium cepa L., Dahlia spp., Gladiolus Tourn. ex L., Hyacinthus spp., Iris spp., Lilium spp., Narcissus L. or Tulipa L., other than those bulbs, tubers or rhizomes to be planted in accordance with Article 4.4(a) or (c) of Directive 2007/33/EC | There shall be evidence that the European Union provisions to combat Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens are complied with”; |
(n)in the second column of items 31 and 32, for “Lycopersicon lycopersicum (L.) Karsten ex Farw.” substitute “Solanum lycopersicum L.”;
(o)in the third column of item 33—
(i)omit the word “or” immediately preceding paragraph (b);
(ii)at the end of paragraph (b), add —
“; or
(c)the seeds have been subjected to an appropriate physical treatment against Ditylenchus dipsaci (Kühn) Filipjev and have been found to be free of Ditylenchus dipsaci (Kühn) Filipjev after laboratory tests on a representative sample”.
(3) In Part C (relevant material which may only be landed in or moved within Northern Ireland (as a protected zone) if special requirements are satisfied) of Schedule 4—
(a)after item 6, insert—
“6a. | Plants, other than seeds, of Platanus L. intended for planting, originating in the European Union or in Armenia, Switzerland or the USA | The plants shall be accompanied by an official statement that they have been grown throughout their life: (a) in an area free from Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr., established in accordance with ISPM No. 4; or (b) in a protected zone which is recognised as a protected zone for the plant pest mentioned in paragraph (a)”; |
(b)after item 9, insert—
“9a. | Plants of Castanea Mill. intended for planting | Without prejudice to the requirements in item 24, the plants shall be accompanied by an official statement that they have been grown throughout their life: (a) in a place of production in a country where Cryphonectria parasitica (Murrill) Barr is known not to occur; (b) in an area free from Cryphonectria parasitica (Murrill) Barr, established by the national plant protection organisation in accordance with ISPM No. 4; or (c) in a protected zone which is recognised as a protected zone for the plant pest mentioned in paragraphs (a) and (b)”; |
(c)in the third column of item 13(17), in paragraph (b) omit the words “the plants”;
(d)after item 23, add—
“24. | Plants of Castanea Mill., other than plants in tissue culture, fruit or seeds | Without prejudice to the requirements in item 9a, the plants shall be accompanied by an official statement that the plants have been grown throughout their life: (a) in a place of production in a country where Dryocosmus kuriphilus Yasumatsu is known not to occur; (b) in an area free from Dryocosmus kuriphilus Yasumatsu, established by the national plant protection organisation in accordance with ISPM No. 4; or (c) in a protected zone which is recognised as a protected zone for the plant pest mentioned in paragraphs (a) and (b)”. |
Item 7a was inserted by S.R. 2006 No. 435, article 2(10).
Item 8a was inserted by S.R. 2009 No. 179, article 2(8).
Item 13 was amended by S.R. 2006 No. 435, article 2(10).
Item 18 was amended by S.R. 2006 No. 435, article 2(10) and S.R. 2008 No. 205, article 6(2).
The name of the pest “Guignardia citricarpa Kiely” referred to in Decision 20006/473/EC was changed to “Phyllostictacitricarpa (McAlpine) Van der Aa” by Decision 2014/422/EU.
Item 18a was inserted by S.R. 2008 No. 205, article 6(2).
Items 36a and 36b were inserted by S.R 2009 No. 179, article 2(8).
Item 42a was inserted by S.R. 2009 No. 179, article 2(8).
Item 42 was amended by S.R. 2008 No. 442, article 3(13).
Item 82 was inserted by S.R. 2008 No. 493, article 2(3) and subsequently substituted by items 82 and 83 by S.R. 2011 No.22, article 2(5).
Item 4 was amended, and item 4a was inserted, by S.R. 2006 No. 435, article 2(11).
Item 15 was amended by S.R. 2013 No. 7, article 4.
Item 19 was amended by S.R. 2013 No. 7, article 4.
Item 19A was inserted by S.R. 2013 No. 7, article 4.
Item 20a was inserted by S.R. 2008 No. 205, article 5(3)
Item 23 was amended by S.R. 2008 No. 442, article 3(13).
Item 13 was amended by S.R. 2010 No.197, article 4.
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