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

Soil requirements

18.—(1) Subject to sub-paragraphs (2) and (3), basic mother plants and basic material must only be grown in soil which is found, on the basis of sampling and testing carried out prior to the planting of such plants and material, to be free from any pest listed in Table III in schedule 6 for the genus or species concerned and which may host viruses affecting that genus or species.

(2) Sampling and testing is not required under sub-paragraph (1) if—

(a) there have been no plants which are hosts for the pests listed in Table III in schedule 6 grown in the relevant soil for a period of at least 5 years prior to the planting of the basic mother plants and basic material mentioned in sub-paragraph (1) and where there is no doubt concerning the absence of the relevant pests in the soil; or

(b) an official inspection is carried out which concludes that the soil is free from any of the pests listed in Table III in schedule 6 for the genus or species concerned and which is host to viruses affecting that genus or species.

(3) Sampling and testing of the soil must be carried out during the growing period of the basic mother plant or basic material mentioned in sub-paragraph (1) where there is suspicion concerning the presence of the pests mentioned in that sub-paragraph.

(4) In this paragraph, “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a) in accordance with the appropriate EPPO protocol; and

(b) taking into account the climatic conditions and the biology of the pests listed in Table III in schedule 6 and their relevance to the basic mother plants or basic material concerned.