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

Rootstocks not belonging to a variety E+W

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

(2) The requirements are that the rootstock—

(a) is directly propagated from a mother plant—

(i) by vegetative or sexual propagation, and in the case of sexual propagation, by pollinating trees (pollenisers) that are directly produced by vegetative propagation from a mother plant;

(ii) accepted in accordance with paragraph 5;

(iii) obtained by multiplication or micropropagation in accordance with paragraph 13;

(b) has been verified by an inspector as being true to the description of its variety in accordance with paragraph 7;

(c) has been maintained in accordance with paragraph 8;

(d) complies with the health requirements in paragraph 10;

(e) where authorised under paragraph 8(2) to be grown in the field under non-insect proof conditions, is grown in soil that is found, by sampling and testing, to comply with paragraph 11;

(f) complies with paragraph 12 concerning defects;

[F1 (g) complies with the production site requirements in paragraph 12A.]

(3) Where a rootstock, which is a pre-basic mother plant or pre-basic material, no longer fulfils the relevant requirements in sub-paragraph (2), the supplier—

(a) must remove the mother plant or material from the vicinity of other pre-basic mother plants and pre-basic material;

(b) may take appropriate measures to ensure the mother plant or the material complies with those requirements again.

(4) A supplier may use any mother plant or material removed in accordance with sub-paragraph (3)(a) as basic, certified or CAC material provided the mother plant or material fulfils the requirements set out in these Regulations for the respective categories.

Textual Amendments

F1 Sch. 5 para. 4(2)(g) inserted (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 6(7)(a)

Commencement Information

I1 Sch. 5 para. 4 in force at 19.6.2017, see reg. 1(1)