{
  "url": "https://openlegislation.uk/soft-fruit-plants-scotland-order-1991/schedule-2/paragraph-3",
  "json_url": "https://openlegislation.uk/soft-fruit-plants-scotland-order-1991/schedule-2/paragraph-3.json",
  "legislation": "uksi/1991/1905",
  "legislation_title": "The Soft Fruit Plants (Scotland) Order 1991",
  "legislation_url": "https://openlegislation.uk/soft-fruit-plants-scotland-order-1991",
  "path": "schedule/2/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": null,
  "text": "Raspberry plants of the Super Elite grade (SE) shall–\n(a) (i) be derived from stock certified at Foundation grade during season prior to planting; or\n(ii) have an` unbroken history of certification at Super Elite grade or higher;\n(b) be eligible for certification at Super Elite grade for four generations only with daughter stocks being treated as part of the parent stock;\n(c) be grown in spawn-beds not more than four years old;\n(d) be grown on land which has been inspected and approved by the Secretary of State as suitable for the certification of raspberries at Super Elite grade;\n(e) be grown in the year entered for certification by a person whose facilities and planting arrangements are acceptable to the Secretary of State;\n(f) not be grown on land on which raspberry Root Rot disease (Phytophthora megasperma) or strawberry Red Core disease (Phytophthora fragariae) has been known to occur or be present in the vicinity;\n(g) not be grown on land which is subject to a Notice served or continued under the Plant Health (Great Britain) Order 1987 in respect of inspection by Wart Disease of potatoes or Potato Cyst Nematode;\n(h) not be grown on land on which raspberries have previously been grown;\n(i) not be grown on holdings where raspberry fruit production takes place;\n(j) be grown in spawn-beds with “alleyways” provided at 1.25 metre intervals to facilitate inspection;\n(k) be inspected twice during the growing season by inspectors;\n(l) be kept at all times in the year of certification–\n(i) at least 4 metres from different varieties of the same or other generations eligible for Super Elite certification including daughter stocks;\n(ii) at least 100 metres from raspberry stocks entered for Elite grade certification;\n(iii) at least 250 metres from wild raspberries, brambles and other Rubus species or varieties;\n(iv) at least 250 metres from small fruiting plantations of Rubus in private gardens;\n(v) at least 250 metres from raspberry spawn-beds entered for Standard certification;\n(vi) at least 1,000 metres from commercial fruiting plantations of Rubus eg raspberry, bramble or Tayberry;\n(m) be kept free from flowering canes at all times except in the case of autumn fruiting varieties;\n(n) be kept free from aphid infestation by a suitable spray programme;\n(o) not be rogued prior to the first inspection;\n(p) be rogued subsequent to the first inspection only at the discretion of the inspector;\n(q) be clearly labelled by variety;\n(r) be true to type;\n(s) be kept in a reasonable state of cultivation.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/1905/schedule/2/paragraph/3",
    "retrieved_at": "2026-10-29T14:39:06.837998+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}