The Marketing of Fruit Plant Material Regulations 2010

PART 3 Marketing of plant material

Varieties that may be marketed

11.—(1) From 30th September 2012, a supplier must not market any plant material unless it is of a variety that is—

(a) subject to a grant of plant breeders’ rights in any member State or is the subject of an application for such rights;

(b) registered in accordance with Schedule 2 or is the subject of an application for such registration;

(c) registered in any other member State in accordance with Article 7(2)(c) of Council Directive 2008/90/EC or is the subject of an application for such registration; or

(d) included in the supplier’s list and—

(i) has no intrinsic value for commercial crop production; or

(ii) is marketed by the supplier prior to 30th September 2012.

(2) A supplier who markets plant material in accordance with paragraph (1)(d)(i) must ensure that it is accompanied by a document stating that it is marketed in accordance with the second paragraph of Article 7(2) of Council Directive 2008/90/EC, or it is labelled to that effect.

Quality requirements for plant material

12.  A supplier must not market any plant material unless—

(a) it is substantially free on visual inspection from any organism or disease listed in the Annex to Directive 93/48/EEC and any other organism or disease that impairs its quality or reduces its usefulness as plant material;

(b) it is substantially free from any defects likely to impair its usefulness as plant material;

(c) it has adequate identity and purity relative to its genus or its species and (if it has one) its variety; and

(d) it is in lots of sufficiently homogeneous composition and origin.

References to plant material

13.—(1) A supplier must not—

(a) market a variety of plant material that is the subject of an application for a grant of plant breeders’ rights other than by reference to the breeder’s reference or proposed name of the variety;

(b) from 30th September 2012—

(i) market a variety that is registered in accordance with Schedule 2, or registered in another member State in accordance with Article 7(2)(c) of Council Directive 2008/90/EC, other than by reference to its registered name;

(ii) market a variety that is the subject of an application for such registration other than by reference to the breeders’ reference or the proposed name of the variety; or

(c) market any other variety of plant material other than by reference to the information contained in the supplier’s list.

(2) A supplier who markets rootstocks that do not belong to a variety must do so by reference to the appropriate species or interspecific hybrid.

Accompanying documentation

14.—(1) A supplier must not market plant material unless it is accompanied by a document that contains the information in Part 1 of Schedule 3.

(2) Where plant material is accompanied by a plant passport issued in accordance with Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), that plant passport may constitute the document in paragraph (1) if it is accompanied by the information in Part 2 of Schedule 3.

(3) This regulation does not apply to the retail supply of plant material to a non-professional final consumer if that material is accompanied by a document containing appropriate product information.

Marketing of citrus plant material

15.  A producer must not market any plant material of the genus Citrus unless—

(a) it is derived from initial material which has been checked and found to show no symptoms of the viruses, virus-like organisms and diseases listed in the Annex to Directive 93/48/EEC in respect of Citrus and which has been tested individually using appropriate methods and found to be free from such viruses, virus-like organisms and diseases;

(b) it has been checked and found to be substantially free from such viruses, virus-like organisms and diseases since the beginning of the last cycle of vegetation; and

(c) in the case of grafting, it has been grafted on to rootstocks other than those susceptible to viroids.

(1)

OJ No L 169, 10.7.2000, p.1 as last amended by Commission Directive 2010/1/EU (OJ No L 7, 12.1.2010, p. 17).