The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017
S.S.I. 2017/177 · Made 30 May 2017 · Extends to Scotland
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
- Part 1: Introduction
- 1Citation, commencement and extent
- 2Interpretation
- 3Application of these Regulations
- 4Marketing of plant materials for trials etc.
- Part 2: Marketing of plant material
- 5General requirements for marketing of plant material
- 6Exemptions in relation to retail supply
- 7Varieties which may be marketed
- 8Labelling, sealing and packaging
- 9Accompanying document
- Part 3: Suppliers
- 10Registration of suppliers
- 11The register of suppliers
- 12Revocation of registration etc.
- 13Appeals
- 14Supplier's duties – identification and monitoring during production
- 15Supplier's duties – removal of non-compliant materials and notification of disease
- 16Supplier's duties – separation of plant materials
- 17Supplier's duties - record keeping
- Part 4: Enforcement and administration etc.
- 18Inspectors
- 19Notices
- 20Offences and penalties
- 21Offences by bodies corporate, Scottish partnerships and unincorporated associations
- 22Arrangements for official measures
- Part 5: General
- 23Transitional provision
- 23ATransitional provision for official labels on IP completion day
- 23ZATransitional provisions for supplier’s documents affixed to CAC material
- 24Revocation
- Signature
- Schedule 1Genera and Species to which these Regulations apply
- Schedule 2: Certification requirements
- Part 1: General
- 1Interpretation
- 2Provisions on official inspections
- Part 2: Pre-basic material
- 3Pre-basic material (other than mother plants and rootstocks not belonging to a variety)
- 4Rootstocks not belonging to a variety
- 5Acceptance of plants as pre-basic mother plants
- 6Acceptance of rootstocks not belonging to a variety as a pre-basic mother plant
- 7Verification of trueness to the description of variety
- 8Maintenance of pre-basic mother plants and pre-basic material
- 9Health requirements for candidate pre-basic mother plants and for pre-basic mother plants produced by renewal
- 10Health requirements for pre-basic mother plants and for pre-basic material
- 11Soil requirements for pre-basic mother plants and pre-basic material
- 12Defects
- 13Requirements concerning multiplication, renewal and propagation of pre-basic mother plants
- 14Requirements concerning multiplication, renewal and propagation by micropropagation of pre-basic mother plants
- Part 3: Basic material
- 15Requirements for the certification of basic material
- 16Rootstocks not belonging to a variety
- 17Health requirements for basic mother plants and basic material
- 18Soil requirements for basic mother plants and basic material
- 19Requirements concerning the maintenance of basic mother plants and basic material
- 20Conditions for multiplication and multiplication by micropropagation of basic mother plants
- Part 4: Certified material
- 21Requirements for certification as certified material
- 22Rootstocks not belonging to a variety
- 23Health requirements for certified mother plants and certified material
- 24Soil requirements for certified mother plants and certified material
- Part 5: Requirements with regard to the production site, place of production or area
- 25Requirements with regard to the production site, place of production or area
- Schedule 3: CAC material
- 1Conditions for CAC material other than rootstocks not belonging to a variety
- 2CAC material: rootstocks not belonging to a variety
- 3CAC material: trueness to the description of the variety
- 4Requirements with regard to the production site, place of production or area
- Schedule 4: Registration of varieties
- 1Interpretation
- 2Register of varieties
- 3Registration
- 4Application for registration with an official description
- 5Growing trials
- 6Duration and renewal of acceptance
- 7Removal from register
- 8Additional requirements for products to be used as genetically modified food or feed
- 9Distinctness
- 10Uniformity
- 11Stability
- Schedule 5: Official labels, supplier's documents and accompanying documents
- Part 1: Official labels
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part 2: Supplier's documents for CAC material
- 6Paragraph 6
- 6AParagraph 6A
- 7Paragraph 7
- Part 3: Accompanying documents
- 8Paragraph 8
- Schedule 6RNQPs for the presence of which visual inspection and, where there are doubts, sampling and testing are required
- Schedule 6ARNQPs for the presence of which visual inspection and, where applicable, sampling and testing are required
- Schedule 6BRNQPs the presence of which in soil is regulated
- Schedule 7: Visual inspections, sampling and testing per genus or species and category
- 1Paragraph 1
- 2Paragraph 2
- Schedule 8: Powers of inspectors
- 1Powers of entry etc.
- 2Information notice
- 3Prohibition on movement
- 4Enforcement and prohibition notices
- 5Appeals against enforcement and prohibition notices
- 6Compliance with notices
- Explanatory note