Regulation 17 Forest reproductive material which may be marketed
England, Wales and Scotland
Subject to regulations 18 and 31, no person shall market forest reproductive material in England or Scotland unless—
in the case of forest reproductive material produced in a relevant territory—
its collection and production meet the requirements of regulations 10 to 12 and 14 to 15;
it has been certified in accordance with regulation 13; and
it falls into one of the categories described in regulation 4(1), subject as the case may be to the application of regulation 7(2) and (3);
in the case of forest reproductive material produced in an F4OECD country granted equivalence and imported into England or Scotland, a Master Certificate has been issued by the Commissioners F5or the Scottish Ministers in relation to the material in accordance F6regulation 25(5) and (6) or, as the case may be, regulation 25A(5) and (6);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the case of forest reproductive material produced in a F8non-OECD country granted equivalence and imported into England or Scotland, it has met the requirements as to entry into England or Scotland set out in regulation 25;
in the case of forest reproductive material imported into Northern Ireland, it met the requirements set out in the NI Regulations as to entry into Northern Ireland and was accompanied on its entry into England by the supplier’s label or document required by regulation 19 of the NI Regulations;
in the case of forest reproductive material produced in a Crown Dependency and imported into England, it has met the requirements set out in legislation of that Crown Dependency which is recognised by the Secretary of State to have equivalent effect to these Regulations and was accompanied on its entry into England by a supplier’s label or document as required by regulation 23A;
in the case of forest reproductive material imported into Northern Ireland, it met the requirements set out in the NI Regulations as to entry into Northern Ireland and was accompanied on its entry into Scotland by the supplier’s label or document required by regulation 19 of the NI Regulations;
in the case of forest reproductive material produced in a Crown Dependency and imported into Scotland, it has met the requirements set out in legislation of that Crown Dependency which is recognised by Scottish Ministers to have equivalent effect to these Regulations and was accompanied on its entry into Scotland by a supplier’s label or document as required by regulation 23A;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
it is marketed and labelled in compliance with paragraphs (2) to (7), regulation 14 and regulation 19 as read with regulation 20 in the case of seeds; and
it meets the requirements of paragraphs (8) to (12).
Subject to regulations 18 and 31, no person shall market forest reproductive material in Wales unless—
in the case of forest reproductive material produced in a relevant territory—
its collection and production meet the requirements of regulations 10 to 12 and 14 and 15;
it has been certified in accordance with regulation 13; and
it falls into one of the categories described in regulation 4(1), subject as the case may be to the application of regulation 7(2) and (3);
in the case of forest reproductive material produced in an F15OECD country granted equivalence and imported into Wales, a Master Certificate has been issued by the appropriate authority in relation to the material in accordance with regulation 25(5) and (6);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the case of forest reproductive material produced in a F17non-OECD country granted equivalence and imported into Wales, it has met the requirements as to entry into Wales set out in regulation 25;
in the case of forest reproductive material imported into Northern Ireland, it met the requirements set out in the NI Regulations as to entry into Northern Ireland and was accompanied on its entry into Wales by the supplier’s label or document required by regulation 19 of the NI Regulations;
in the case of forest reproductive material produced in a Crown Dependency and imported into Wales, it has met the requirements set out in legislation of that Crown Dependency which is recognised by the Welsh Ministers to have equivalent effect to these Regulations and was accompanied on its entry into Wales by a supplier’s label or document as required by regulation 23A;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
it is marked and labelled in compliance with paragraphs (2) to (7), regulation 14 and regulation 19 as read with regulation 20 in the case of seeds; and
it meets the requirements of paragraphs (8) to (12).
Forest reproductive material of the artificial hybrids listed in Schedule 1 may be marketed only if it is of the categories “selected”, “qualified” or “tested”.
Vegetatively reproduced forest reproductive material may be marketed only under the categories “selected”, “qualified” or “tested” and in the case of forest reproductive material of the category “selected”, may be marketed only if it is produced by means of subsequent multiplication by vegetative propagation from seeds.
Forest reproductive material derived from basic material in the form of a seed source may be marketed only under the category “source identified”.
Forest reproductive material derived from basic material in the form of a stand may be marketed only under the categories “source identified”, “selected” and “tested”.
Forest reproductive material derived from basic material of the following types may be marketed only under the categories “qualified” and “tested”—
seed orchard;
parents of family;
clone; and
clonal mixture.
Forest reproductive material which consists wholly or partly of genetically modified organisms may be marketed only under the category “tested”.
Forest reproductive material in the form of fruit and seed lots of the species listed in Schedule 1 shall reach a minimum species purity level of 99%, except in the case of closely related species other than artificial hybrids in respect of which the purity of the fruit or seed lot shall be stated in any labelling or record documenting information about the seed required under regulations 14, 15 and 19.
Forest reproductive material in the form of parts of plants shall be of fair marketable quality determined with reference to general characteristics, health and appropriate size.
Forest reproductive material in the form of stem cuttings or sets of Populus spp. shall meet the standards described in Schedule 9.
Forest reproductive material in the form of planting stock shall be of fair marketable quality determined with reference to general characteristics, health, vitality and physiological quality.
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Annotations
Textual amendments
- F1
Reg. 17(1) 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), 5
- F2
Words in reg. 17(1)(b) omitted (E.) (31.12.2020) by virtue of S.I. 2019/131, regs. 1, 6(8)(a)(i)(aa) (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)(d)) and (S.) (31.12.2020) by virtue of The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(8)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in reg. 17(1)(b) substituted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(8)(a)(i)(bb) (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)(d)) and (S.) (31.12.2020) by The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(8)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in reg. 17(1)(c) substituted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(8)(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)(d)) and (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(8)(a)(iii) (as substituted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(5)(b)); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in reg. 17(1)(c) inserted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(8)(a); S.S.I. 2019/47, reg. 2
- F6
Words in reg. 17(1)(c) substituted (1.4.2019) by The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 63(8)(b); S.S.I. 2019/47, reg. 2
- F7
Reg. 17(1)(d) omitted (E.) (31.12.2020) by virtue of S.I. 2019/131, regs. 1, 6(8)(a)(iii) (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)(d)) and (S.) (31.12.2020) by virtue of The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(8)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)
- F8
Words in reg. 17(1)(e) substituted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(8)(a)(iv) (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)(d)) and (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(8)(a)(iva) (as inserted by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(5)(c)); 2020 c. 1, Sch. 5 para. 1(1)
- F9
Reg. 17(1)(ea)(eb) inserted (E.) (31.12.2020) by S.I. 2019/131, regs. 1, 6(8)(a)(v) (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)(d)); 2020 c. 1, Sch. 5 para. 1(1)
- F10
Reg. 17(1)(ea)(eb) inserted (S.) (31.12.2020) by S.S.I. 2019/130, regs. 1(1), 66(8)(a)(v) (as substituted) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), regs. 1(1)(b), 19(5)(d)); 2020 c. 1, Sch. 5 para. 1(1)
- F11
Reg. 17(1)(f) omitted (E.) (31.12.2020) by virtue of S.I. 2019/131, regs. 1, 6(8)(a)(vi) (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)(d)) and (S.) (31.12.2020) by virtue of The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(8)(a)(vi); 2020 c. 1, Sch. 5 para. 1(1)
- F12
Reg. 17(1) substituted (W.) (28.3.2019) by The Forest Reproductive Material (Great Britain) (Amendment) (Wales) Regulations 2019 (S.I. 2019/496), regs. 1(3), 5
- F13
Words in reg. 17(1)(b) omitted (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(8)(a)(i)(aa)
- F14
Words in reg. 17(1)(b) substituted (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(8)(a)(i)(bb)
- F15
Words in reg. 17(1)(c) substituted (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(8)(a)(ii)
- F16
Reg. 17(1)(d) omitted (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(8)(a)(iii)
- F17
Words in reg. 17(1)(e) substituted (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(8)(a)(iv)
- F18
Reg. 17(1)(ea)(eb) inserted (W.) (31.12.2020) by The Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1492), regs. 2(b), 6(8)(a)(v)
- F19
Reg. 17(1)(f) omitted (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(8)(a)(vi)
- F20
Reg. 17(12) omitted: (E.) (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 6(8)(b); (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(8)(b); and (S.) (31.12.2020) by virtue of The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/130), regs. 1(1), 66(8)(b); 2020 c. 1, Sch. 5 para. 1(1)