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

W.S.I. 2017/691 · Made 14 June 2017 · Extends to England and Wales

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

Plant Health, Wales

Seeds, Wales

Made 14 June 2017

Laid before the National Assembly for Wales 16 June 2017

Coming into force 19 June 2017

The Welsh Ministers make these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972f1.

The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policyf2.C1

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for any reference to Annexes I to V to Commission Implementing Directive 2014/98/EUf3 to be construed as a reference to those Annexes as amended from time to time.

Annotations to the whole text

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))

Footnotes

f1

1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and S.I. 2007/1388.

f2

S.I. 2010/2690.

f3

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).

Contents

  1. Part 1: Introduction
  2. 1Title, commencement 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 provision for plant material from parent plant existing pre-commencement
  35. 28ZATransitional provision for supplier’s documents affixed to CAC material
  36. 29Revocation
  37. Signature
  38. Schedule 1: CAC material
  39. 1Conditions for CAC material (other than rootstocks not belonging to a variety)
  40. 2Rootstocks not belonging to a variety
  41. 3Trueness to the description of the variety
  42. 4Health requirements
  43. 5Requirements concerning defects likely to impair quality
  44. 6Requirements concerning production site
  45. Schedule 2: Official labels and supplier’s documents
  46. Part 1: Official labels
  47. 1Paragraph 1
  48. 2Paragraph 2
  49. 3Paragraph 3
  50. 4Paragraph 4
  51. 5Paragraph 5
  52. 6Paragraph 6
  53. 7Paragraph 7
  54. Part 2: Supplier’s document: CAC material
  55. 8Paragraph 8
  56. 8AParagraph 8A
  57. 9Paragraph 9
  58. 10Paragraph 10
  59. Schedule 3Genera and species to which these Regulations apply
  60. Schedule 4: Registration of varieties
  61. 1Interpretation
  62. 2Application for registration with an official description
  63. 3Registration
  64. 4Register of varieties
  65. 5Additional requirements for products to be used as genetically modified food or feed
  66. 6Growing trials
  67. 7Duration and renewal of registration
  68. 8Removal from register
  69. Schedule 5: Certification of plant material
  70. Part 1: Introduction
  71. 1Interpretation
  72. 2Official inspections
  73. Part 2: Certification of pre-basic material
  74. 3Propagating material (other than mother plants and rootstocks)
  75. 4Rootstocks not belonging to a variety
  76. 5Requirements for the acceptance of a pre-basic mother plant
  77. 6Requirements for the acceptance of a rootstock not belonging to a variety
  78. 7Verification of trueness to the description of the variety
  79. 8Maintenance requirements: pre-basic material and pre-basic mother plants
  80. 9Health requirements: candidate pre-basic mother plants and pre-basic mother plants produced by renewal
  81. 10Health requirements: pre-basic material and pre-basic mother plants
  82. 11Soil requirements; pre-basic material
  83. 12Requirements concerning defects likely to impair quality
  84. 12ARequirements concerning production site
  85. 13Requirements concerning multiplication, renewal and propagation of pre-basic mother plants
  86. Part 3: Certification of basic material
  87. 14Propagating material (other than basic mother plants and rootstocks not belonging to a variety)
  88. 15Rootstock not belonging to a variety
  89. 16Health requirements: basic mother plant or basic material
  90. 17Soil requirements; basic material
  91. 18Maintenance requirements: basic mother plants and basic material
  92. 19Conditions for multiplication: basic mother plants
  93. Part 4: Certification of certified material
  94. 20Propagating material (other than mother plants) and fruit plants
  95. 21Rootstock not belonging to a variety
  96. 22Health requirements: certified mother plants and material
  97. 23Soil requirements; certified mother plants and material
  98. Schedule 6: Modifications to Directive 2014/98/EU
  99. 1Modifications to Annex 1
  100. 2Modifications to Annex 2
  101. 3Modifications to Annex 4
  102. Explanatory note