The Plant Health (England) Order 2015

Exceptions from certain prohibitions and requirements

22.—(1) The following provisions do not apply to small quantities of relevant material, other than excluded material, if the relevant material meets the conditions in paragraph (2)—

(a) article 19(1)(e), (f) and (g), (6) and (7);

(b) article 20(1)(e) and (f); and

(c) article 21(1), (2), (5) and (6).

(2) The conditions are that the relevant material—

(a) does not show any signs of the presence of a plant pest;

(b) is not intended for use in the course of a trade or business; and

(c) is intended for household use.

(3) The requirements in article 21(1) do not apply to—

(a) plants intended for planting, other than seeds, which can only grow in water or soil that is permanently saturated with water, which originate in an area established in accordance with Article 5 of Decision 2012/697/EU and which are only being moved within that area; or

(b) specified plants within the meaning of Article 1(a) of Decision 2014/497/EU, other than plants of Prunus L. or Quercus L referred to in paragraphs 1 and 7 of Part A of Schedule 6, which have been grown for at least part of their life in an area established in accordance with Article 7 of that Decision and are only being moved within the infected zone in that area.

(4) The Secretary of State may exempt from the prohibition on movement in article 21(1) or (2) the movement of relevant material which originates in Great Britain if the Secretary of State is satisfied that—

(a) the movement is made locally by small producers or processors whose entire production and sale of such material is intended for final usage by persons on the local market who are not professionally involved in plant production; and

(b) there is no risk of plant pests spreading or being spread as a result of that movement.

(5) In this article—

(a) “excluded material” means any of the following relevant material—

(i) plants of Castanea Mill. intended for planting;

(ii) plants of Fraxinus L. intended for planting;

(iii) plants, other than seeds, of Platanus L. intended for planting;

(b) “infected zone” has the same meaning as in Decision 2014/497/EU.