The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017
S.I. 2017/595 · Made 25 April 2017 · Extends to England and Wales
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
- 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
- Part 1: Introduction
- 1Citation, commencement, extent and application
- 2Interpretation: general
- 3Interpretation: Directives
- 4Plant material to which these Regulations apply
- Part 2: Marketing of Plant Material
- 5Marketing of plant material
- 6Exceptions
- 7Varieties that may be marketed
- 8References to variety of plant material
- 9Certification of plant material
- 10Labelling, sealing and packaging of certified plant material
- Part 3: Suppliers
- 11Registration of suppliers
- 12Appeals
- 13Register of suppliers
- 14Suppliers: plan to identify and monitor production process
- 14ASuppliers: notification requirements
- 15Suppliers: record keeping
- Part 4: Enforcement
- 16Inspectors
- 17Entry and inspection of land and premises
- 18Search and examination of items on land and premises
- 19Information notice
- 20Prohibition on movement notice
- 21Enforcement and prohibition notice
- 22Appeals against notices
- 23Compliance with notices
- 24Offences and penalties
- 25Offences by bodies corporate
- Part 5: Administration and revocations
- 26Notices and authorisations
- 27Arrangements for official measures
- 28Transitional provisions for plant material from parent plant existing pre-commencement
- 28ZATransitional provision for supplier’s documents affixed to CAC material
- 29Consequential amendment
- 30Revocation
- 31Review Repealed
- Signature
- Schedule 1: CAC material
- 1Conditions for CAC material (other than rootstocks not belonging to a variety)
- 2Rootstocks not belonging to a variety
- 3Trueness to the description of the variety
- 4Health requirements
- 5Requirements concerning defects likely to impair quality
- 6Requirements concerning production site
- Schedule 2: Official labels and supplier's documents
- Part 1: Official labels
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 2: Supplier's document: CAC material
- 8Paragraph 8
- 8AParagraph 8A
- 9Paragraph 9
- 10Paragraph 10
- Schedule 3Genera and species to which these Regulations apply
- Schedule 4: Registration of varieties
- 1Interpretation
- 2Application for registration with an official description
- 3Registration
- 4Register of varieties
- 5Additional requirements for products to be used as genetically modified food or feed
- 6Growing trials
- 7Duration and renewal of registration
- 8Removal from register
- Schedule 5: Certification of plant material
- Part 1: Introduction
- 1Interpretation
- 2Official inspections
- Part 2: Certification of pre-basic material
- 3Propagating material (other than mother plants and rootstocks)
- 4Rootstocks not belonging to a variety
- 5Requirements for the acceptance of a pre-basic mother plant
- 6Requirements for the acceptance of a rootstock not belonging to a variety
- 7Verification of trueness to the description of the variety
- 8Maintenance requirements: pre-basic material and pre-basic mother plants
- 9Health requirements: candidate pre-basic mother plants and pre-basic mother plants produced by renewal
- 10Health requirements: pre-basic material and pre-basic mother plants
- 11Soil requirements; pre-basic material
- 12Requirements concerning defects likely to impair quality
- 12ARequirements concerning production site
- 13Requirements concerning multiplication, renewal and propagation of pre-basic mother plants
- Part 3: Certification of basic material
- 14Propagating material (other than basic mother plants and other than rootstocks not belonging to a variety)
- 15Rootstock not belonging to a variety
- 16Health requirements: basic mother plant or basic material
- 17Soil requirements; basic material
- 18Maintenance requirements: basic mother plants and basic material
- 19Conditions for multiplication: basic mother plants
- Part 4: Certification of certified material
- 20Propagating material (other than mother plants) and fruit plants
- 21Rootstock not belonging to a variety
- 22Health requirements: certified mother plants and material
- 23Soil requirements; certified mother plants and material
- Schedule 6: Modifications to Directive 2014/98/EU
- 1Modifications to Annex 1
- 2Modifications to Annex 2
- 3Modifications to Annex 4
- Explanatory note