Rhizomania Disease Order, 1990.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) This Order may be cited as the Rhizomania Disease Order, 1990.
(2) This Order shall come into operation on the 10th day of August, 1990.
num: 2
paragraphs: In this Order—
"crop" means a crop, including every part of the plants of the crop, to which soil can adhere;
"host crop" means a crop, including every part of the plants of the crop, of the genus Beta, including sugar beet, red beet, fodder beet and mangels as well as spinach (Spinaceae oleraceae);
"inspector" means an officer of the Minister, or any person, appointed to be an inspector for the purposes of this Order;
"the Minister" means the Minister for Agriculture and Food;
"package" includes packet, bag, sack, crate, box or other container for the produce of a crop;
"the pest" means the virus known as beet necrotic yellow vein virus which is carried by the soil-borne fungus Polymyxa betae;
"rhizomania prevention notice" means a notice served under Article 7 of this Order;
"soil" means the medium in which the plant roots are growing or have grown and the medium in the vicinity of these plants.
num: 3
paragraphs: The owner or occupier of any land, the owner of any crop growing or grown thereon or the servant or agent of the owner or occupier of the land or of the owner of such crop shall, if he finds the pest on the land or suspects the land to be infected with the pest, forthwith notify the Minister of the fact.
num: 4
paragraphs: No person shall supply, or offer to supply, for use for sowing or planting any seeds or plants on which the pest exists or has existed or grown on land on which the pest exists or has existed within the last 25 years or carrying soil in which the pest exists or has existed.
num: 5
paragraphs: (1) An inspector may, upon production, if so required, of his appointment or authority or a copy thereof, enter upon any land for the purpose of ascertaining whether the pest exists and whether any host crop is growing on the land and if the pest does exist, the extent to which it exists on the land or any host crop and he may make all such inquiries and examinations (including the taking of samples) as he deems necessary for such purpose.
(2) An inspector may, upon production, if so required, of his appointment or authority or a copy thereof, enter upon any premises, vehicle, wagon, conveyance, aircraft or vessel or other craft in, on or in the vicinity of which he has reason to believe that the pest exists or has existed in soil or on any host crop and he may make all such inquiries and examinations (including the taking of samples) as he deems necessary.
(3) The owner or occupier of any land in which the pest is known or is suspected to exist shall if so required by notice in writing by an inspector give within such time and in such manner as may be specified such information in his possession as may be required for the purposes of this Order concerning the crops grown on such land at any time or the possible movement on or off the land of plants or soil (whether loose or adhering to machinery or vehicles or to the roots of plants).
num: 6
paragraphs: An inspector shall forthwith report and furnish particulars of the finding of the pest on any land to the Minister.
num: 7
paragraphs: (1) Whenever, whether through the report of an inspector or otherwise, it comes to the knowledge of an inspector that the pest exists on any land, he may serve on the owner of the land, the occupier of the land or the owner of a crop growing or grown on the land a notice (in this Order referred to as a rhizomania prevention notice) in writing requiring the person on whom it is served to do any one or more of the following:
( a ) destroy the crop within such time and in such a manner as may be specified in the notice;
( b ) collect from every specified part of the land all or any part of any crop growing or grown on the land;
( c ) isolate to any specified part of the land all or any part of any crop growing or grown on the land;
( d ) remove from any specified part of the land all or any part of any crop growing or grown on the land to such place as may be specified in such manner as may be specified;
( e ) abstain from selling, exchanging, making a gift of or otherwise parting with all or any part of any crop growing or grown on the land save under and in accordance with a written direction given by an inspector;
( f ) treat the land in such manner as may be specified;
( g ) sow the land in grass or sow or plant on the land such alternative seeds or plants as may be specified and maintain these crops or plants on the land for a specified period;
( h ) abstain from moving any of the soil (whether loose or adhering to machinery or vehicles or to the roots of plants) of the land or any specified part of such soil save under and in accordance with a written direction given by an inspector.
(2) An inspector may serve more than one rhizomania prevention notice on the same person.
(3) A rhizomania prevention notice may only require a person to carry out the requirements of paragraph (1) (a) of this Article in a case where a crop is infected with the pest or is a crop to or by means of which the pest is likely to spread.
num: 8
paragraphs: If soil or the produce of any crop is moved, supplied, used or dealt with in contravention of this Order or a notice (including a rhizomania prevention notice) or direction served hereunder an inspector may seize such soil or produce and may treat or dispose of or cause to be treated or disposed of in such manner as the inspector may think fit, such soil or produce and any packages in which such soil or produce is or has been contained, or may remove or cause to be removed any of such soil or produce or packages to such place and in such manner as the inspector may think fit, and may serve a notice on the consignee of, or on the person in charge of, or in possession of, any of the aforesaid soil, produce or packages, directing the person on whom the notice is served to dispose of such soil, produce or packages within such time and in such manner as may be specified in the notice, or to remove such soil, produce or packages within such time and to such place as may be specified in the notice.
num: 9
paragraphs: (1) If, on the expiration of 14 days after the service, under this Order, on a person of a rhizomania prevention notice requiring the treatment, removal, disposal or destruction as specified in the notice by the person of all or any part of any soil or crop such person has not complied with the notice, an inspector may enter on the land where all or any part of such soil or crop then is and may do all such things as may be necessary to comply with the notice.
(2) Any expenses incurred by an inspector under paragraph (1) of this Article in connection with all or any part of soil or a crop shall be paid by the owner of the crop or part of a crop, and may be recovered by the Minister in any court of competent jurisdiction as a simple contract debt.
num: 10
paragraphs: For the purpose of this Order, a notice or a direction served under this Order shall be deemed to be served on any person if it is delivered to him personally, or left for him at his last known place of abode or business, or sent in a prepaid registered letter addressed to him there and a notice purporting to be signed by an inspector shall be prima facie evidence that it was signed by him as an inspector.
num: 11
paragraphs: Any person who, whether by act or omission, fails to comply with any provision of this Order or with any notice (including a rhizomania prevention notice) or with a direction, served under this Order, shall be guilty of an offence under this Order and shall be liable on summary conviction thereof to a fine not exceeding in the case of a first offence, £10 or, in the case of a second or any subsequent offence, £20.
num: 12
paragraphs: Notwithstanding anything in this Order, a plant, plants or a crop may be planted, moved, supplied, used or dealt with in the manner specified in a licence specially granted for that purpose by the Minister.