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

S.I. 2017/595 · Made 25 April 2017 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 7 October 2025.

Plant Health, England

Seeds, England

Made 25th April 2017

Laid before Parliament 26th April 2017

Coming into force 1st June 2017

M1M2The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy .

M3The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and paragraph 1A of Schedule 2 to the European Communities Act 1972 .

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for any reference to Annexes I to V to Commission Implementing Directive 2014/98/EU M4 to be construed as a reference to those Annexes as amended from time to time.C1

Annotations to the whole text

Marginal citations

M1

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

M2

S.I. 1972/1811.

M3

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and S.I. 2007/1388.

M4

Commission Implementing Directive 2014/98/EU implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections (OJ No L 298, 16.10.2014, p. 22).

Modifications

C1

Regulations: power to amend conferred (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), reg. 22(1) (with reg. 22(2))

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement, extent and application
  3. 2Interpretation: general
  4. 3Interpretation: Directives
  5. 4Plant material to which these Regulations apply
  6. Part 2: Marketing of Plant Material
  7. 5Marketing of plant material
  8. 6Exceptions
  9. 7Varieties that may be marketed
  10. 8References to variety of plant material
  11. 9Certification of plant material
  12. 10Labelling, sealing and packaging of certified plant material
  13. Part 3: Suppliers
  14. 11Registration of suppliers
  15. 12Appeals
  16. 13Register of suppliers
  17. 14Suppliers: plan to identify and monitor production process
  18. 14ASuppliers: notification requirements
  19. 15Suppliers: record keeping
  20. Part 4: Enforcement
  21. 16Inspectors
  22. 17Entry and inspection of land and premises
  23. 18Search and examination of items on land and premises
  24. 19Information notice
  25. 20Prohibition on movement notice
  26. 21Enforcement and prohibition notice
  27. 22Appeals against notices
  28. 23Compliance with notices
  29. 24Offences and penalties
  30. 25Offences by bodies corporate
  31. Part 5: Administration and revocations
  32. 26Notices and authorisations
  33. 27Arrangements for official measures
  34. 28Transitional provisions for plant material from parent plant existing pre-commencement
  35. 28ZATransitional provision for supplier’s documents affixed to CAC material
  36. 29Consequential amendment
  37. 30Revocation
  38. 31Review Repealed
  39. Signature
  40. Schedule 1: CAC material
  41. 1Conditions for CAC material (other than rootstocks not belonging to a variety)
  42. 2Rootstocks not belonging to a variety
  43. 3Trueness to the description of the variety
  44. 4Health requirements
  45. 5Requirements concerning defects likely to impair quality
  46. 6Requirements concerning production site
  47. Schedule 2: Official labels and supplier's documents
  48. Part 1: Official labels
  49. 1Paragraph 1
  50. 2Paragraph 2
  51. 3Paragraph 3
  52. 4Paragraph 4
  53. 5Paragraph 5
  54. 6Paragraph 6
  55. 7Paragraph 7
  56. Part 2: Supplier's document: CAC material
  57. 8Paragraph 8
  58. 8AParagraph 8A
  59. 9Paragraph 9
  60. 10Paragraph 10
  61. Schedule 3Genera and species to which these Regulations apply
  62. Schedule 4: Registration of varieties
  63. 1Interpretation
  64. 2Application for registration with an official description
  65. 3Registration
  66. 4Register of varieties
  67. 5Additional requirements for products to be used as genetically modified food or feed
  68. 6Growing trials
  69. 7Duration and renewal of registration
  70. 8Removal from register
  71. Schedule 5: Certification of plant material
  72. Part 1: Introduction
  73. 1Interpretation
  74. 2Official inspections
  75. Part 2: Certification of pre-basic material
  76. 3Propagating material (other than mother plants and rootstocks)
  77. 4Rootstocks not belonging to a variety
  78. 5Requirements for the acceptance of a pre-basic mother plant
  79. 6Requirements for the acceptance of a rootstock not belonging to a variety
  80. 7Verification of trueness to the description of the variety
  81. 8Maintenance requirements: pre-basic material and pre-basic mother plants
  82. 9Health requirements: candidate pre-basic mother plants and pre-basic mother plants produced by renewal
  83. 10Health requirements: pre-basic material and pre-basic mother plants
  84. 11Soil requirements; pre-basic material
  85. 12Requirements concerning defects likely to impair quality
  86. 12ARequirements concerning production site
  87. 13Requirements concerning multiplication, renewal and propagation of pre-basic mother plants
  88. Part 3: Certification of basic material
  89. 14Propagating material (other than basic mother plants and other than rootstocks not belonging to a variety)
  90. 15Rootstock not belonging to a variety
  91. 16Health requirements: basic mother plant or basic material
  92. 17Soil requirements; basic material
  93. 18Maintenance requirements: basic mother plants and basic material
  94. 19Conditions for multiplication: basic mother plants
  95. Part 4: Certification of certified material
  96. 20Propagating material (other than mother plants) and fruit plants
  97. 21Rootstock not belonging to a variety
  98. 22Health requirements: certified mother plants and material
  99. 23Soil requirements; certified mother plants and material
  100. Schedule 6: Modifications to Directive 2014/98/EU
  101. 1Modifications to Annex 1
  102. 2Modifications to Annex 2
  103. 3Modifications to Annex 4
  104. Explanatory note