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The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

S.I. 2019/1517 · Made 20 December 2019 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 27 February 2025.

Environmental Protection, England

Plant Health, England

Made 20th December 2019

Laid before Parliament 23rd December 2019

Coming into force 14th January 2020

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 M1 (“the 1972 Act”) in relation to the common agricultural policy M2 and measures relating to the control and regulation of genetically modified organisms M3.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the 1972 Act.

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears expedient to the Secretary of State for the references to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants M4, and to the European Union instruments mentioned in regulation 3(1), to be construed as references to those instruments as amended from time to time.C1

Annotations to the whole text

Marginal citations

M1

1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). It is prospectively repealed from exit day by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) (see section 20 of that Act).

M2

S.I. 1972/1811, to which there are amendments not relevant to these Regulations. The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794.

M3

S.I. 1991/755, to which there are amendments not relevant to these Regulations. The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794.

M4

OJ No. L 319, 10.12.2019, p.1.

Modifications

C1

Regulations applied in part (with modifications) (25.2.2025) by The Movement of Goods (Northern Ireland to Great Britain) (Animals, Feed and Food, Plant Health etc.) (Transitory Provision and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/217), regs. 1(1), 2, Sch. 1

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement, extent and application
  3. 2Interpretation: general
  4. 3Interpretation: EU instruments relating to plant health Repealed
  5. 4Measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation Repealed
  6. 5Article 82 of the ... Plant Health Regulation: meaning of “close proximity”
  7. Part 2: Competent authorities: plant health
  8. 6Designation of competent authorities
  9. Part 3: Official controls on controlled consignments from third countries and other official controls on goods from third countries
  10. 7Derogations to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013
  11. 8Suspicion of non-compliance
  12. 9Consignments not correctly presented for official controls
  13. 10Official measures in relation to non-compliant consignments or consignments which pose a risk to plant health
  14. 11Notices under regulation 8, 9 or10
  15. 12Border control posts: authorisation of inspection centres and commercial storage facilities
  16. 13Transitional provision: approved places of inspection
  17. Part 4: Official activities to prevent the establishment or spread of plant pests
  18. 14Introduction
  19. 15Notices in relation to controlled plant pests or prohibited material
  20. 16Action which may be taken by a plant health inspector
  21. 17Establishment of demarcated areas and measures to be taken in those areas
  22. Part 5: Temporary national measures relating to plant health
  23. 18Schedule 1 Repealed
  24. Part 6: Registration, authorisations and certificates relating to plant health
  25. 19Applications for registration
  26. 20Other applications
  27. 21Authorisations for other purposes
  28. 22Authorisations granted by an appropriate authority
  29. Part 7: Measures relating to certain solanaceous species
  30. 23Schedule 2
  31. Part 8: Notification requirements: plant health
  32. 24Notification requirements in relation to seed potatoes Repealed
  33. 25Notification requirements in relation to citrus fruits Repealed
  34. 26Notification requirements in relation to other plants and plant products
  35. Part 9: General powers of plant health inspectors and enforcement
  36. 27Interpretation
  37. 28Powers of entry
  38. 29Right of entry conferred by a warrant issued by a justice of the peace
  39. 30Information notices
  40. 31Failure to comply with a notice
  41. 32Removal of ISPM 15 mark from wood packaging material
  42. 33Marking of wood packaging material: power of seizure
  43. 34Disclosure of information held by the Commissioners for Her Majesty's Revenue and Customs
  44. 35Disclosure of information to other competent authorities
  45. Part 10: General and supplemental provisions relating to plant health notices
  46. 36Miscellaneous provisions as to notices
  47. 37Service of notices
  48. Part 11: Offences relating to plant health legislation
  49. 38General
  50. 39Failure to comply with requirements of notices etc.
  51. 40Defence: reasonable excuse
  52. 41Provision of false or misleading information
  53. 42Improper use of ... plant passports , Northern Ireland plant health labels or certificates
  54. 43Obstruction
  55. 44Offence relating to the disclosure of information held by Revenue and Customs
  56. 45Defence: lawful disclosure
  57. 46Offences by bodies corporate
  58. 47Offences by partnerships and unincorporated associations
  59. 48Penalties
  60. Part 11A: Civil Sanctions
  61. 48ACivil sanctions
  62. Part 12: Miscellaneous: plant health
  63. 49Minor and consequential amendments
  64. 50Revocation of plant health instruments
  65. 51Transitional provisions: licences under article 39(1) of the 2005 Order or article 41(1) of the 2015 Order
  66. 52Transitional provisions: other licences under the 2005 Order or the 2015 Order
  67. 53Transitional provisions: notices
  68. 54Transitional provisions: approvals granted under article 17(1) of the 2005 Order or the 2015 Order
  69. Part 13: Official controls in relation to genetically modified organisms
  70. 55Amendment to secondary legislation on official controls in relation to genetically modified organisms
  71. Part 14: Review
  72. 56Review
  73. Signature
  74. Schedule 1: Temporary national measures Repealed
  75. 1Interpretation Repealed
  76. Part 1: Plants, plant products or other objects from third countries Repealed
  77. 2Temporary measures applying to the introduction of plants, plant products or other objects from third countries Repealed
  78. 2AParagraph 2A Repealed
  79. 2BTemporary measures in relation to Candidatus Phytoplasma ulmi Repealed
  80. 2CTemporary measures in relation to Agrilus planipennis Fairmaire Repealed
  81. 2DNational measures in relation to Xylella fastidiosa (Wells et al.) Repealed
  82. 2EParagraph 2E Repealed
  83. 2FException for controlled material in transit Repealed
  84. Part 2: Plants, plant products or other objects from another part of the Union territory Repealed
  85. 3Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory Repealed
  86. 3AParagraph 3A Repealed
  87. 4Paragraph 4 Repealed
  88. Part 3: Official controls on consignments from third countries Repealed
  89. 5Paragraph 5 Repealed
  90. 6Application of this Part Repealed
  91. 7Notification and presentation of Schedule 1 consignments Repealed
  92. 8Consignments not correctly presented for official controls Repealed
  93. 9Official controls to be performed on Schedule 1 consignments Repealed
  94. 10Completion of official controls Repealed
  95. 11Removal of Schedule 1 consignments from border control posts of arrival Repealed
  96. 12Measures to be taken on non-compliant Schedule 1 consignments Repealed
  97. 13Measures to be taken on Schedule 1 consignments Repealed
  98. 14Notification of decisions to refuse the entry of a Schedule 1 consignment into England Repealed
  99. 15Notices under this Part Repealed
  100. Schedule 2
  101. Part 1: General interpretation
  102. 1Paragraph 1
  103. Part 2: General provisions relating to the planting of certain solanaceous species
  104. 2General restrictions on the planting of potatoes
  105. 3Restrictions on the planting of potatoes in the protected region
  106. Part 3: Measures for the control of Potato wart disease
  107. 4Interpretation
  108. 5Official measures relating to contaminated plots of land
  109. 6Prohibition on the planting of potatoes on contaminated plots
  110. 7Revocation of the demarcation of a contaminated plot
  111. Part 4: Measures for the control of European populations of Potato cyst nematode
  112. 8Interpretation
  113. 8AOfficial testing
  114. 9Official investigations and surveys
  115. 10Official records of investigations and surveys
  116. 11Notices in relation to infested fields and contaminated susceptible material
  117. 12Prohibition on the planting of potatoes in infested fields
  118. 13Suppression of Potato cyst nematodes
  119. 14Controls on contaminated seed potatoes etc.
  120. 15Controls on potatoes for industrial processing or grading
  121. 16Controls on contaminated bulbs etc.
  122. 17Further investigations for the presence of Potato cyst nematodes
  123. Part 5: Measures for the control of Potato ring rot
  124. 18Interpretation
  125. 19Official surveys and testing
  126. 20Measures to be taken following the confirmation of the presence of Potato ring rot
  127. 21Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato ring rot
  128. 22Measures in relation to a contaminated place of production
  129. 23Additional measures applicable to a unit of protected crop production
  130. 24Measures to be taken in demarcated zones for the control of Potato ring rot
  131. Part 6: Measures for the control of Potato brown rot
  132. 25Paragraph 25
  133. 26Official surveys and testing
  134. 27Measures to be taken following the confirmation of the presence of Potato brown rot
  135. 28Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato brown rot
  136. 29Measures which may be required in relation to a contaminated place of production
  137. 30Additional measures in relation to units of protected crop production
  138. 31Measures to be taken in demarcated zones for the control of Potato brown rot
  139. Part 7: Measures relating to Egyptian potatoes
  140. 32Additional measures relating to Egyptian potatoes
  141. Schedule 3: Offences: relevant provisions in assimilated direct legislation
  142. 1The ... Plant Health Regulation
  143. 2The Officials Control Regulation
  144. 3Other EU legislation
  145. Schedule 3AOffences: relevant offences in the Windsor Framework (Plant Health) Regulations 2023
  146. Schedule 4Offences relating to EU emergency decisions Repealed
  147. Schedule 4A: Civil sanctions
  148. Part 1: Power to impose civil sanctions
  149. 1Compliance notice
  150. 2Restoration notice
  151. 3Imposition of a fixed monetary penalty
  152. 4Imposition of a variable monetary penalty
  153. 5Notice of intent
  154. 6Combination of penalties
  155. 7Discharge of liability – fixed monetary penalties
  156. 8Making representations and objections
  157. 9Third party undertakings
  158. 10Final notice
  159. 11Contents of final notice: compliance and restoration notices
  160. 12Contents of final notice: fixed and variable monetary penalties
  161. 13Fixed monetary penalty: discount for early payment
  162. 14Appeals against a final notice
  163. 15Fixed monetary penalty: non-payment within the stated payment period
  164. 16Criminal proceedings
  165. Part 2
  166. Chapter Stop notices
  167. 17Stop notices
  168. 18Contents of a stop notice
  169. 19Appeals
  170. 20Completion certificates
  171. 21Compensation
  172. 22Offences
  173. Part 3
  174. Chapter Enforcement undertakings
  175. 23Enforcement undertakings
  176. 24Contents of an enforcement undertaking
  177. 25Acceptance of an enforcement undertaking
  178. 26Discharge of an enforcement undertaking
  179. 27Inaccurate, incomplete or misleading information
  180. 28Non-compliance with an enforcement undertaking
  181. Part 4
  182. Chapter Non-compliance penalties
  183. 29Non-compliance penalties
  184. 30Appeals
  185. Part 5
  186. Chapter Withdrawal and amendment of notices
  187. 31Withdrawing or amending a notice
  188. Part 6
  189. Chapter Cost recovery
  190. 32Recovery of enforcement costs
  191. Part 7
  192. Chapter Appeals
  193. 33Appeals
  194. Part 8
  195. Chapter Guidance and publicity
  196. 34Guidance as to the use of civil sanctions
  197. 35Consultation on guidance
  198. 36Publication of enforcement action
  199. Schedule 5: Amendments to secondary legislation relating the marketing of seeds and plant propagating material and plant health fees
  200. Part 1: The Marketing of Vegetable Plant Material Regulations 1995
  201. 1Paragraph 1
  202. Part 2: The Marketing of Ornamental Plant Propagating Material Regulations 1999
  203. 2Paragraph 2
  204. Part 3: The Forest Reproductive Material (Great Britain) Regulations 2002
  205. 3Paragraph 3
  206. Part 4: The Seed Potatoes (England) Regulations 2015
  207. 4Paragraph 4
  208. Part 5: The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015
  209. 5Paragraph 5
  210. Part 6: The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017
  211. 6Paragraph 6
  212. Schedule 6Revocation of instruments
  213. Explanatory note