The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in Scotland, continue to implement Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ No L 267, 8.10.2008, p.8). They also implement—

• Commission Implementing Directive 2014/96/EU on the requirements for the labelling, sealing and packaging of fruit plant propagating material and fruit plants intended for fruit production, falling within the scope of Council Directive 2008/90/EC (OJ L 298, 16.10.2014, p.12);

• Commission Implementing Directive 2014/97/EU implementing Council Directive 2008/90/EC as regards the registration of suppliers and of varieties and the common list of varieties (OJ L 298, 16.10.2014, p.16);

• Commission Implementing Directive 2014/98/EU implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections (OJ No L, 298, 16.10.2014, p.22).

They revoke and replace the Marketing of Fruit Plant Material Regulations (S.I. 2010/2079) as regards Scotland (see regulation 24).

Part 1 of the Regulations is introductory. The fruit plants and propagating material (plant material) to which the Regulations apply is set out in regulation 3 and schedule 1.

Part 2 contains requirements for marketing plant material (regulation 5). In order to be marketed, plant material must comply with requirements set out for certification (regulation 5(1) and schedule 2) and packaging, sealing and labelling (regulation 8 and schedule 5). Plant material must be, or be in the process of being, registered (schedule 4) and have been granted, or an application made for, plant variety rights (regulation 7). CAC material must comply with requirements set out in schedule 3 and be accompanied by a supplier’s document (schedule 5, part 2). Regulation 6 sets out exceptions to these general requirements.

Part 3 requires the registration of suppliers (regulation 10) and a register of suppliers (regulation 11). Suppliers are required to monitor the production of plant material (regulation 14), remove non-compliant materials (regulation 15), separate plant materials (regulation 16) and keep records (regulation 17).

Part 4 deals with the enforcement and administration of these Regulations and sets out inspectors’ (appointed by the Scottish Ministers) powers, including a power to serve a notice on any person to require that person to provide information and a power to prohibit the movement of plant material suspected of failing to comply with these Regulations (schedule 8). An inspector also has a power to serve a notice on any person acting in contravention of these Regulations to require that person to comply with the Regulations or to prohibit that person from acting in breach of them. Under regulation 20(1) a person who fails to comply with any such notice or to give assistance to the inspector commits an offence. Under regulation 20(2) a person who commits an offence under the Regulations is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Regulation 22 makes provision for arrangements for official measures.

Part 5 sets out a transitional provision (regulation 23) and a revocation provision (regulation 24).

No business and regulatory impact assessment has been prepared for these Regulations as no impact or no significant impact upon business, charities or voluntary bodies is foreseen.