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

Rootstock not belonging to a varietyE+W

15.—(1) A rootstock not belonging to a variety may be certified as basic material if it meets the requirements in sub-paragraph (2).

(2) The requirements are that the rootstock—

(a)is true to the description of its species;

(b)is individually identified throughout the production process;

(c)complies with the time period specified in paragraph 8(3)(b);

(d)complies with paragraph 12 concerning defects;

(e)complies with the health requirements in paragraph 16;

(f)is grown in soil that is found, by sampling and testing, to comply with paragraph 17;

(g)has been maintained in accordance with paragraph 18; and

(h)where appropriate, has been multiplied in accordance with paragraph 19.

(3) For the purpose of this paragraph, any reference to pre-basic mother plants or pre-basic material in the paragraphs mentioned in sub-paragraph (2) is to be construed as reference to basic mother plants or basic material, as the case may be.

(4) Where a rootstock not belonging to a variety is a basic mother plant or basic material that no longer fulfils the requirements of sub-paragraph (2) the supplier—

(a)must remove the rootstock from the vicinity of other basic mother plants and basic material;

(b)may take appropriate measures in order to ensure the rootstock complies with those requirements again.

(5) A supplier may use any rootstock removed in accordance with sub-paragraph (4)(a) as certified or CAC material provided the rootstock fulfils the requirements set out in these Regulations for the respective categories.

Commencement Information

I1Sch. 5 para. 15 in force at 19.6.2017, see reg. 1(1)