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

S.S.I. 2017/177 · Made 30 May 2017 · Extends to Scotland

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

Plant Health

Seeds

Made 30th May 2017

Laid before the Scottish Parliament 1st June 2017

Coming into force 1st July 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 and all other powers enabling them to do so.C1

Annotations to the whole text

Marginal citations

M1

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), so far as they are exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

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), regs. 1(2)(b), 22(1) (with reg. 22(2))

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Application of these Regulations
  5. 4Marketing of plant materials for trials etc.
  6. Part 2: Marketing of plant material
  7. 5General requirements for marketing of plant material
  8. 6Exemptions in relation to retail supply
  9. 7Varieties which may be marketed
  10. 8Labelling, sealing and packaging
  11. 9Accompanying document
  12. Part 3: Suppliers
  13. 10Registration of suppliers
  14. 11The register of suppliers
  15. 12Revocation of registration etc.
  16. 13Appeals
  17. 14Supplier's duties – identification and monitoring during production
  18. 15Supplier's duties – removal of non-compliant materials and notification of disease
  19. 16Supplier's duties – separation of plant materials
  20. 17Supplier's duties - record keeping
  21. Part 4: Enforcement and administration etc.
  22. 18Inspectors
  23. 19Notices
  24. 20Offences and penalties
  25. 21Offences by bodies corporate, Scottish partnerships and unincorporated associations
  26. 22Arrangements for official measures
  27. Part 5: General
  28. 23Transitional provision
  29. 23ATransitional provision for official labels on IP completion day
  30. 23ZATransitional provisions for supplier’s documents affixed to CAC material
  31. 24Revocation
  32. Signature
  33. Schedule 1Genera and Species to which these Regulations apply
  34. Schedule 2: Certification requirements
  35. Part 1: General
  36. 1Interpretation
  37. 2Provisions on official inspections
  38. Part 2: Pre-basic material
  39. 3Pre-basic material (other than mother plants and rootstocks not belonging to a variety)
  40. 4Rootstocks not belonging to a variety
  41. 5Acceptance of plants as pre-basic mother plants
  42. 6Acceptance of rootstocks not belonging to a variety as a pre-basic mother plant
  43. 7Verification of trueness to the description of variety
  44. 8Maintenance of pre-basic mother plants and pre-basic material
  45. 9Health requirements for candidate pre-basic mother plants and for pre-basic mother plants produced by renewal
  46. 10Health requirements for pre-basic mother plants and for pre-basic material
  47. 11Soil requirements for pre-basic mother plants and pre-basic material
  48. 12Defects
  49. 13Requirements concerning multiplication, renewal and propagation of pre-basic mother plants
  50. 14Requirements concerning multiplication, renewal and propagation by micropropagation of pre-basic mother plants
  51. Part 3: Basic material
  52. 15Requirements for the certification of basic material
  53. 16Rootstocks not belonging to a variety
  54. 17Health requirements for basic mother plants and basic material
  55. 18Soil requirements for basic mother plants and basic material
  56. 19Requirements concerning the maintenance of basic mother plants and basic material
  57. 20Conditions for multiplication and multiplication by micropropagation of basic mother plants
  58. Part 4: Certified material
  59. 21Requirements for certification as certified material
  60. 22Rootstocks not belonging to a variety
  61. 23Health requirements for certified mother plants and certified material
  62. 24Soil requirements for certified mother plants and certified material
  63. Part 5: Requirements with regard to the production site, place of production or area
  64. 25Requirements with regard to the production site, place of production or area
  65. Schedule 3: CAC material
  66. 1Conditions for CAC material other than rootstocks not belonging to a variety
  67. 2CAC material: rootstocks not belonging to a variety
  68. 3CAC material: trueness to the description of the variety
  69. 4Requirements with regard to the production site, place of production or area
  70. Schedule 4: Registration of varieties
  71. 1Interpretation
  72. 2Register of varieties
  73. 3Registration
  74. 4Application for registration with an official description
  75. 5Growing trials
  76. 6Duration and renewal of acceptance
  77. 7Removal from register
  78. 8Additional requirements for products to be used as genetically modified food or feed
  79. 9Distinctness
  80. 10Uniformity
  81. 11Stability
  82. Schedule 5: Official labels, supplier's documents and accompanying documents
  83. Part 1: Official labels
  84. 1Paragraph 1
  85. 2Paragraph 2
  86. 3Paragraph 3
  87. 4Paragraph 4
  88. 5Paragraph 5
  89. Part 2: Supplier's documents for CAC material
  90. 6Paragraph 6
  91. 6AParagraph 6A
  92. 7Paragraph 7
  93. Part 3: Accompanying documents
  94. 8Paragraph 8
  95. Schedule 6RNQPs for the presence of which visual inspection and, where there are doubts, sampling and testing are required
  96. Schedule 6ARNQPs for the presence of which visual inspection and, where applicable, sampling and testing are required
  97. Schedule 6BRNQPs the presence of which in soil is regulated
  98. Schedule 7: Visual inspections, sampling and testing per genus or species and category
  99. 1Paragraph 1
  100. 2Paragraph 2
  101. Schedule 8: Powers of inspectors
  102. 1Powers of entry etc.
  103. 2Information notice
  104. 3Prohibition on movement
  105. 4Enforcement and prohibition notices
  106. 5Appeals against enforcement and prohibition notices
  107. 6Compliance with notices
  108. Explanatory note