PLANT HEALTH Title, commencement and extent 1 1 These Regulations may be cited as the Marketing of Vegetable Plant Material Regulations 1995 and shall come into force on 1st December 1995. 2 These Regulations extend to Great Britain. Interpretation 2 1 In these Regulations, unless the context otherwise requires— ... “ Directive 93/61/EEC ” means Commission Directive 93/61/EEC setting out the schedules indicating the conditions to be met by vegetable propagating and planting material other than seed pursuant to Directive 92/33/EEC ; “ Directive 2008/72/EC ” means Council Directive 2008/72/EC on the marketing of vegetable propagating and planting material, other than seed; “EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants; “ the EU Plant Health Regulation ” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC , 74/647/EEC , 93/85/EEC , 98/57/EC , 2000/29/EC , 2006/91/EC and 2007/33/EC ; “ inspector ” means any person authorised by the Minister to be an inspector for the purposes of these Regulations; “ marketing ” means the delivery, offer for sale, exposure for sale, sale and possession with a view to sale of plant material, and “ market ” and “ marketed ” shall be construed accordingly; “ the Minister ” means, as respects England, the Minister of Agriculture, Fisheries and Food and, as respects Scotland or Wales, the Secretary of State; “ plant material ” means parts of plants and all vegetative material, including rootstocks, or entire plants (including the grafted components of grafted plants), intended for the production of vegetables, other than seeds; “ producer ” means a supplier engaged in the production or reproduction of plant material; “ responsible official body ” means, as respects England and Wales, the Ministry of Agriculture, Fisheries and Food and, as respects Scotland, the Scottish Office Agriculture and Fisheries Department; “ supplier ” means any person professionally engaged in the production, reproduction, preservation, treatment or marketing of plant material. 2 Any reference in these Regulations to a numbered regulation or a numbered schedule is a reference to the regulation or schedule so numbered in these Regulations. Plant material to which these Regulations apply 3 1 Subject to paragraph (2) below, these Regulations shall apply to— a plant material of the genera and species set out in Annex II to Directive 2008/72/EC and their hybrids; and b rootstocks and other parts of plants of other genera and species and their hybrids if plant material of a genus or species set out in Annex II to Directive 2008/72/EC or of a hybrid of such genus or species is or is to be grafted on to them a plant material of the genera and species set out in Annex II as amended from time to time, to Directive 2008/72/ EC and their hybrids; and b rootstocks and other parts of plants of other genera or species and their hybrids if plant material of a genus or species set out in Annex II , as amended from time to time, to Directive 2008/72/ EC or of a hybrid of such a genus or species is or is to be grafted on to them. 2 These Regulations shall not apply to plant material intended for— a export to countries outside Great Britain , if identified as such and kept sufficiently isolated from plant material not intended for such export; b trials or scientific purposes; c selection work; or d measures aimed at the conservation of genetic diversity. Small producers 4 These Regulations shall not apply to a small producer all of whose production and sales of plant material are intended for final use by persons on the local market who are not professionally involved in plant production. Plant material from outside the United Kingdom : authorisation 4A 1 The Secretary of State in relation to England, and the Welsh Ministers in relation to Wales, may authorise the marketing of plant material from any country outside the European Union if satisfied that the plant material has been produced under conditions equivalent to the requirements in these Regulations for plant material. 2 An authorisation given under this regulation— a must be in writing; b may be subject to conditions; and c may be amended, suspended or revoked by notice. Quality requirements for plant material 5 1 No supplier shall market any plant material unless— a 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 ; ab 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 ; ac 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; ad it complies with the requirements concerning GB quarantine pests, PFA quarantine pests and RNQPs set out in the EU Plant Health Regulation and in the implementing acts adopted pursuant to that Regulation, including measures adopted pursuant to Article 30(1) of that Regulation ; b 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; c it has adequate identity and purity relative to its genus or species and variety; d 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 e it is in lots of sufficiently homogeneous composition and origin. 2 In this regulation— “ PFA quarantine pest” means a pest within the meaning given by Article 32(1) of the EU Plant Health Regulation; “RNQP” means a GB 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. Measures to be taken by producers 6 A producer shall— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b report to an inspector any plant material that fails to comply with the requirements of regulation 5(1)(a) and (b) as a result of the presence of organisms and diseases listed in column 1 of the table in schedule 1A (RNQPs concerning vegetable propagating and planting material) ; and c keep plant material in lots of homogeneous composition and origin during growing and lifting or removal from parent material. Special provisions relating to the marketing of bulbs of shallots and garlic 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information to accompany plant material 8 1 Subject to paragraphs (2) and (3) below, no supplier shall market any plant material unless it is accompanied by a supplier’s document on which appears the appropriate information prescribed in Part A of Schedule 2. 2 Where plant material is accompanied by a plant passport issued in accordance with the EU Plant Health Regulation , the plant passport may constitute the supplier’s document for the purposes of paragraph (1) above if accompanied by the appropriate additional information prescribed in Part B of Schedule 2. 3 Paragraph (1) above shall not apply to plant material, accompanied by appropriate product information, which is marketed to a non-professional final consumer. 4 Where young plants raised directly from seeds marketed in accordance with the Vegetable Seeds Regulations 1993 the Seed Marketing Regulations 2011 are marketed accompanied by a supplier’s document under paragraph (1) above on which appears the appropriate information prescribed in Part A of Schedule 2 , the supplier shall if so requested provide the relevant seed lot reference number of the seeds to the responsible official body. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records to be kept by suppliers 9 1 Subject to paragraphs (2) and (3) below, a supplier other than a producer shall keep— a written records, or records registered in an indelible fashion, on the buying and selling or delivery of plant material; and b records on the composition and origin of any plant material of different origins mixed by him during packaging, storage or transport or at delivery. 2 Paragraph (1) above shall not apply to a supplier engaged only in the marketing of small quantities of plant material to non-professional final consumers; 3 Sub-paragraph (1)(b) above shall not apply to a supplier engaged only in the marketing of plant material to non-professional final consumers; 4 A producer shall keep— a the records specified in item 2 of Schedule 3; b records on the composition and origin of any plant material of different origins mixed by him during packaging, storage or transport or at delivery; and c records on all occurrences on his premises of the harmful organisms referred to in regulation 5(a) pests referred to in regulations 5(1)(a), (ab) and 6(1)(b) pests referred to in regulation 5(1)(a) to (c) and on any measures taken in relation to such occurrences. Accreditation of producers 10 1 No producer shall market plant material unless he is accredited. 2 The Minister shall accredit a producer if he is satisfied that the producer complies with the requirements set out in Schedule 3. 3 The Minister may, by notice in writing served on an accredited producer who fails to comply with the requirements set out in Schedule 3, suspend or revoke accreditation, and in such notice shall state the grounds for suspension or revocation. 4 Applications for accreditation shall be made to the Minister in such form as the Minister may from time to time require. Powers of inspectors 11 1 An inspector, upon producing, if required to do so, some duly authenticated document showing his authority, may at any reasonable time enter any premises of a supplier where he reasonably suspects that any activity which is governed by these Regulations is being carried on for the purposes of ascertaining whether there is or has been any contravention of these Regulations. 2 An inspector on entering any premises under paragraph (1) above may take with him representatives of the European Commission and such other such persons as he considers to be necessary. 3 An inspector may carry out all reasonable checks and examinations necessary to ensure compliance with these Regulations, and in particular may— a take any plant material or sample from any plant material and sent it for analysis; b require the production of any relevant records, lists and other documents; c inspect any relevant records, lists and other documents; d take any relevant records, lists and other documents for copying. 4 An inspector may by notice in writing served on a supplier in respect of any plant material on the supplier’s premises that the inspector has reasonable grounds for suspecting fails to comply with the requirements of regulation 5(1)(a) to (ac) 5(1)(a) to (c) require the supplier not to market or to move from his premises or to permit or cause to be marketed or moved from his premises the plant material until the supplier has carried out such reasonable measures as the notice may specify. Service of notices 12 1 A notice under these Regulations shall be deemed to have been served on a supplier if it is delivered to him personally or left for him at his last known place of abode or business or sent through the post addressed to him at his last known place of abode or business. 2 A notice under these Regulations may— a in the case of a body corporate, be served on the secretary or clerk of that body at the address of the registered or principal office of that body; b in the case of a partnership, be served on a partner or on a person having the control or management of the partnership business or, in Scotland, the firm at the principal office of the partnership. Offences 13 1 A person who contravenes or fails to comply with any provision of these Regulations without reasonable excuse, proof of which shall lie on him, shall be guilty of an offence. 2 A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. Offences by bodies corporate, Scottish partnerships and unincorporated associations 14 1 Where— a an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other unincorporated association; and b it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of— i a relevant individual; or ii an individual purporting to act in the capacity of a relevant individual, the individual as well as the body corporate, Scottish partnership or unincorporated association, commits an offence and is liable to be proceeded against and punished accordingly. 2 In paragraph (1), “relevant individual” means— a in relation to a body corporate— i a director, manager, secretary or other similar officer of the body; ii where the affairs of the body are managed by its members, a member; b in relation to a Scottish partnership, a partner; and c in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association. Tim Boswell Parliamentary SecretaryMinistry of Agriculture, Fisheries and Food 29th September 1995 Raymond Robertson Parliamentary Under Secretary of StateScottish Office 25th September 1995