Regulation 5 Quality requirements for plant materialE1I1
England
No supplier shall market any plant material unless—
at the place of production it was found, at least on visual inspection, to be practically free from all pests listed in relation to that plant material in the Annex to Directive 93/61/EEC;
the quantity of any RNQP present on the plant material does not, at least on visual inspection, exceed the threshold set out in respect of that RNQP in the Annex to Directive 93/61/EEC;
it is found, at least on visual inspection, to be practically free from any pests which reduce its usefulness and quality as plant material, other than those pests listed in the Annex to Directive 93/61/EEC in relation to that plant material;
it is substantially free from any defects, including unsatisfactory vigour and dimensions and imbalances between roots, stems and leaves, likely to impair its usefulness as plant material;
it has adequate identity and purity relative to its genus or species and variety;
it belongs to a variety the seeds of which may be marketed in accordance with, in relation to England, the Seed Marketing Regulations 2011, and, in relation to Wales, the Seed Marketing (Wales) Regulations 2012; and
it is in lots of sufficiently homogeneous composition and origin.
In this regulation—
“F7PFA quarantine pest” means a pest within the meaning given by Article 32(1) of the EU Plant Health Regulation;
“RNQP” means a F8GB regulated non-quarantine pest within the meaning given by Article 36 of the EU Plant Health Regulation;
“GB quarantine pest” means a pest within the meaning given by Article 4 of the EU Plant Health Regulation.
Annotations
Textual amendments
- F1
Reg. 5 renumbered as reg. 5(1) (E.) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 2(3)(a)
- F2
Reg. 5(1)(a)-(ad) substituted for reg. 5(1)(a) (E.) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 2(3)(b)
- F3
Word in reg. 5(1)(ad) substituted (E.W.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 4(3)(a)(i)(aa) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 29(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Word in reg. 5(1)(ad) substituted (E.W.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 4(3)(a)(i)(bb) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 29(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Reg. 5(1)(d) substituted (E.W.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 4(3)(a)(ii) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 29(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Reg. 5(2) inserted (E.) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 2(3)(c)
- F7
Word in reg. 5(2) substituted (31.12.2020) by (E.W.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 4(3)(b)(i) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 29(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
- F8
Word in reg. 5(2) substituted (E.W.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 4(3)(b)(ii) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 29(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Commencement
- I1
Reg. 5 in force at 1.12.1995, see reg. 1(1)
Extent
- E1
This version of this provision extends to England only; a separate version has been created for Scotland and Wales only