The Forest Reproductive Material (Great Britain) Regulations 2002

Identification and separation of forest reproductive material during production E+W+S

14.—(1) Except for material which is mixed in accordance with regulation 15, no person shall keep forest reproductive material at any stage of production, including collection and during the course of marketing, other than in separate lots in respect of each unit of approval, and distinguished from each other by reference to the following criteria (“the identification criteria”)—

(a) Master Certificate code and number (where a certificate has been issued);

(b) botanical name;

(c) category of forest reproductive material;

(d) whether for multiple forestry purposes or a specific purpose, and if the latter, specifying that purpose;

(e) type of basic material from which it is derived;

(f) either—

[F1 (i) the reference number given to the approved basic material from which the forest reproductive material is derived; or]

(ii) in the case of source-identified and selected forest reproductive material or forest reproductive material which is mixed in accordance with regulation 15, the identity code for the region of provenance from which the forest reproductive material is derived;

(g) in the case of forest reproductive material derived from basic material in the form of a stand or seed source, whether the origin of the material is autochthonous, indigenous, or neither; or unknown;

(h) in the case of seed units, the year of ripening;

(i) the age and type of planting stock of seedlings or cuttings, whether undercuts, transplants or containerised;

(j) whether the forest reproductive material is genetically modified or derived from basic material which consists of a genetically modified organism; and

(k) in the case of mixed forest reproductive material permitted under regulation 15 clear identification of the components of the forest reproductive material so mixed.

(2) Without prejudice to the requirements of paragraph (1), in the case of forest reproductive material which is produced in accordance with regulation 12 by subsequent multiplication by vegetative propagation, forest reproductive material shall be kept in separate lots from other forest reproductive material produced from such propagation from the same basic material carried out on other occasions.

(3) The identification criteria and the information required under this regulation shall be documented either by labelling which clearly distinguishes each lot, or by any other method which has been approved by [F2 the appropriate authority] in writing prior to its use.

[F3 (4) In this regulation—

(a) “reference number” means—

(i) in the case of basic material approved by an appropriate authority in accordance with regulation 7, the reference number given to the material in the National Register;

(ii) in the case of basic material approved by [F4 the Department], the reference number given to the material in the register drawn up and maintained by [F5 the Department in accordance with regulation 7 of the NI Regulations];

(iii) in the case of approved basic material from which reproductive material produced in [F6 a country granted equivalence] has been derived, the reference number given to the material in the national register of basic material approved for forest reproductive material drawn up and maintained by the official body of that country;

(b) “unit of approval”—

(i) in the case of forest reproductive material derived from basic material approved by an appropriate authority, has the meaning given in regulation 7(5);

[F7 (ia) in the case of forest reproductive material derived from basic material approved by the Department, has the meaning given in regulation 7(5) of the NI Regulations;]

(ii) in the case of forest reproductive material derived from basic material approved by another official body, means the unit of basic material from which the forest reproductive material is derived, as recorded in the national register of basic material approved for forest reproductive material drawn up and maintained by the official body.]

Textual Amendments

F1 Reg. 14(1)(f)(i) substituted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 4(1); and substituted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 4(1)

F2 Words in reg. 14(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 146 (with Sch. 7)

F3 Reg. 14(4) inserted (E.S.) (1.9.2014) by The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014 (S.I. 2014/1833), regs. 1(b), 4(2); and inserted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 4(2)

F4 Words in reg. 14(4)(a)(ii) substituted: (E.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 6(7)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1); (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(7)(a)(i)(aa); and (S.) (31.12.2020) by The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(7)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 14(4)(a)(ii) substituted: (E.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 6(7)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1); (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(7)(a)(i)(bb); and (S.) (31.12.2020) by The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(7)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 14(4)(a)(iii) substituted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(7)(a)(ii) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(4)(c)); (W.) (31.12.2020) by virtue of The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(7)(a)(ii); and (S.) (31.12.2020) by The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(7)(a)(ii) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 19(4)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Reg. 14(4)(b)(ia) inserted: (E.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 6(7)(b); (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(7)(b); and (S.) (31.12.2020) by The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(7)(b); 2020 c. 1, Sch. 5 para. 1(1)