The Plant Health Order (Northern Ireland) 2018 (revoked)

1. Introductory Text

2. PART 1 General

   1. 1. Citation and commencement

   2. 2. General interpretation

3. PART 2 Imports from third countries

   1. 3. Interpretation of Part 2

   2. 4. Application of Part 2

   3. 5. Prohibitions and restrictions on landing plant pests and relevant material

   4. 6. Advance notification of landing

   5. 7. Requirements for certificates

   6. 8. Exceptions from certain prohibitions and requirements

   7. 9. Presentation and display of documents

   8. 10. Prohibition on the removal of relevant material from its area of plant health control

   9. 11. Exceptions from the prohibition on the removal of relevant material from its area of plant health control

   10. 12. Plant health discharge

   11. 13. Request to an officer for Revenue and Customs for material to be detained

   12. 14. Power of an officer for Revenue and Customs

   13. 15. General provisions relating to certificates

   14. 16. Requirements to be met by EU transit goods or relevant material destined for an approved place of inspection

   15. 17. Approved places of inspection

   16. 18. Requirements for plant health movement documents

4. PART 3 Internal EU controls on movement

   1. 19. Prohibitions on the introduction of plant pests and relevant material from the European Union

   2. 20. Notification of the landing of certain plants for planting

   3. 21. Prevention of the spread of plant pests

   4. 22. Requirements for plant passports

   5. 23. Exceptions from certain prohibitions and requirements

   6. 24. Validity of plant passports for Northern Ireland

   7. 25. General provisions relating to plant passports

5. PART 4 Registration of plant traders and authority to issue plant passports

   1. 26. Register of plant traders

   2. 27. Obligation to register

   3. 28. Registration requirements

   4. 29. Conditions for maintaining registration as a plant trader and other trade-related conditions

   5. 30. Authority to issue plant passports

6. PART 5 Swiss trade and Swiss plant passports

   1. 31. Exceptions to the requirements in articles 6, 7 and 10

7. PART 6 Measures to control the landing of relevant material and prevent the spread of plant pests

   1. 32. Examination, sampling and marking

   2. 33. Actions which may be required by an inspector

   3. 34. Actions which may be taken by an inspector

   4. 35. Miscellaneous provisions as to notices

   5. 36. Service of notices

   6. 37. Information as to compliance with notices

   7. 38. Failure to comply with a notice

   8. 39. Right of entry conferred by a warrant issued by a lay magistrate

8. PART 7 Certain solanaceous species: planting and control of relevant plant pests

   1. 40. Miscellaneous provisions for certain solanaceous species

   2. 41. Inspection and control of potato plant health Dickeya spp.

9. PART 8 Licences

   1. 42. Licences to carry out activities prohibited by this Order

   2. 43. Licences for trial or scientific purposes or for work on varietal selections permitted by Directive 2008/61/EC

10. PART 9 Notifications, provision and exchange of information

    1. 44. Notification of the presence or suspected presence of certain plant pests

    2. 45. Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material

    3. 46. Information to be given

    4. 47. Power to share information for the purposes of the Order

11. PART 10 Offences

    1. 48. Offences

    2. 49. Penalties

12. PART 11 Miscellaneous

    1. 50. The Customs Act

    2. 51. Revocation and transitional provisions

    3. 52. Review

13. Signature

14. 1. SCHEDULE 1

       Plant pests which may not be introduced into or spread within Northern Ireland

       1. PART A Plant pests not known to occur in any part of the European Union

       2. PART B Plant pests known to occur in the European Union

    2. SCHEDULE 2

       Relevant material which may not be introduced into or moved within Northern Ireland if that material is carrying or infected with plant pests

       1. PART A Plant pests not known to occur in the European Union

       2. PART B Plant pests known to occur in the European Union

       3. PART C Plant pests whose introduction into, and spread within, Northern Ireland (as a protected zone) shall be banned if they are present on certain relevant material

    3. SCHEDULE 3

       Relevant material which may not be landed in Northern Ireland if that material originates in certain third countries

    4. SCHEDULE 4

       Restrictions on the landing in and movement within Northern Ireland of relevant material

       1. PART A Relevant material, originating in third countries, which may only be landed in Northern Ireland if special requirements are complied with

       2. PART B Relevant material, from the European Union, which may only be introduced into or moved within Northern Ireland if special requirements are complied with

       3. PART C Relevant material which may only be landed in or moved within Northern Ireland (as a protected zone) if special requirements are complied with

    5. SCHEDULE 5

       Relevant material from a third country for which a phytosanitary certificate may be required

       1. PART A Relevant material which may only be landed if accompanied by a phytosanitary certificate

          1. 1. Plants, other than seeds, intended for planting.

          2. 2. Seeds of— (a) Cruciferae, Gramineae or Trifolium spp., originating in...

          3. 3. Parts of plants, other than fruit or seeds, of—

          4. 4. Parts of plants, other than fruit but including seeds, of...

          5. 5. Fruit of— (a) Citrus L., Fortunella Swingle, Poncirus Raf., Microcitrus...

          6. 6. Tubers of Solanum tuberosum L.

          7. 7. Soil or growing medium, which consists in whole or in...

          8. 8. Growing medium, attached to or associated with plants, intended to...

          9. 8A. Machinery or any vehicle, imported from any third country, other...

          10. 9. Grain of the genera Triticum, Secale or X Triticosecale originating...

          11. 10. Susceptible plants within the meaning of Article 1(2) of Decision...

          12. 11. Seeds or cones, intended for propagating, of the genera or...

          13. 12. Live pollen of Actinidia Lindl.

          14. 13. Plants, other than seeds, of Mangifera L., originating in India....

          15. 13A. Specified plants within the meaning of Article 1(b) of Decision...

          16. 14. Parts of plants, including seeds, of Fraxinus L.

          17. 15. Specified plants within the meaning of Article 1(b) of Decision...

          18. 16. Plants, other than seeds, of Rosa sp., originating in Canada,...

       2. PART B Relevant material which, if destined for certain protected zones, may only be landed if accompanied by a phytosanitary certificate

          1. 1. Plants of Beta vulgaris L. intended for industrial processing.

          2. 2. Soil from Beet or unsterilized waste from beet (Beta vulgaris...

          3. 3. Live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster...

          4. 4. Parts of plants, other than fruit or seeds, of Amelanchier...

          5. 5. Seeds of Castanea Mill., Dolichos Jacq., Magnifera spp., Beta vulgaris...

          6. 6. Seeds or fruits (bolls) of Gossypium spp. or unginned cotton....

          7. 7. Fruits of Vitis L.

          8. 8. Parts of plants of Eucalyptus L'Hérit.

    6. SCHEDULE 6

       Prohibitions on the introduction into or movement within Northern Ireland of relevant material without a plant passport

       1. PART A Relevant material which may only be landed or moved within Northern Ireland if accompanied by a plant passport

          1. 1. Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster...

          2. 2. Plants, other than seeds, of Beta vulgaris L. or Humulus...

          3. 3. Plants of stolon- or tuber-forming species of Solanum L., intended...

          4. 4. Plants, other than fruit or seeds, of Choisya Kunth, Fortunella...

          5. 5. Plants, other than fruits or seeds, of Citrus L.

          6. 6. Fruits of Citrus L., Fortunella swingle or Poncirus Raf., with...

          7. 7. The following plants which have been produced by producers whose...

          8. 8. Susceptible plants within the meaning of Article 1(2) of Decision...

          9. 9. Plants, other than seeds, intended for planting, of Viburnum spp.,...

          10. 10. Specified plants within the meaning of Article 1(2) of Decision...

          11. 11. Specified plants within the meaning of Article 1(a) of Decision...

          12. 12. Tubers of Solanum tuberosum L., including those intended for planting,...

          13. 13. Plants, other than seeds, intended for planting, which can only...

          14. 14. Live pollen or plants intended for planting, other than seeds,...

          15. 15. Pre-basic mother plants as defined in Article 1(3) of Directive...

          16. 16. Specified plants within the meaning of Article 1(c) of Decision...

          17. 17. Specified plants within the meaning of Article 1(a) of Decision...

          18. 18. Plants of Fraxinus L., intended for planting.

          19. 19. Specified plants within the meaning of Article 1(b) of Decision...

       2. PART B Relevant material which may only be landed or moved within Northern Ireland if accompanied by a plant passport which is valid for Northern Ireland as a protected zone

          1. 1. Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus...

          2. 2. Plants intended for planting, other than seeds, of Beta vulgaris...

          3. 3. Plants of Palmae, intended for planting, having a diameter of...

          4. 4. Tubers of Solanum tuberosum L., intended for planting.

          5. 5. Plants of Beta vulgaris L., intended for industrial processing.

          6. 6. Soil from beet and unsterilized waste from beet (Beta vulgaris...

          7. 7. Seeds of Beta vulgaris L. and Castanea Mill.

          8. 8. Fruits (bolls) of Gossypium spp. or unginned cotton or fruits...

          9. 9. The following plants which have been produced by producers whose...

    7. SCHEDULE 7

       Prohibitions on the consignment of relevant material to another part of the European Union without a plant passport

       1. PART A Relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport

          1. 1. Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster...

          2. 2. Plants, other than seeds, of Beta vulgaris L. or Humulus...

          3. 3. Plants of stolon- or tuber-forming species of Solanum L., intended...

          4. 4. Plants, other than fruit or seeds, of Choisya Kunth, Fortunella...

          5. 5. Plants, other than fruit or seeds, of Citrus L.

          6. 6. Fruits of Citrus L., Fortunella swingle, Poncirus Raf., with leaves...

          7. 7. The following plants which have been produced by producers whose...

          8. 8. Susceptible plants within the meaning of Article 1(2) of Decision...

          9. 9. Plants, other than seeds, intended for planting, of Viburnum spp.,...

          10. 10. Specified plants within the meaning of Article 1(2) of Decision...

          11. 11. Specified plants within the meaning of Article 1(a) of Decision...

          12. 12. Tubers of Solanum tuberosum L., including those intended for planting,...

          13. 13. Plants, other than seeds, intended for planting which can only...

          14. 14. Live pollen or plants intended for planting, other than seeds,...

          15. 15. Pre-basic mother plants as defined in Article 1(3) of Directive...

          16. 16. Specified plants within the meaning of Article 1(c) of Decision...

          17. 17. Specified plants within the meaning of Article 1(a) of Decision...

          18. 18. Plants of Fraxinus L., intended for planting.

       2. PART B Relevant material which may only be consigned to a protected zone in another part of the European Union by a plant passport which is valid for that protected zone

          1. 1. Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus...

          2. 2. Plants, other than seeds, of Beta vulgaris L., Cedrus Trew,...

          3. 3. Plants, other than fruit or seeds, of Amelanchier Med., Castanea...

          4. 4. Plants of Palmae, intended for planting, having a diameter of...

          5. 5. Live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster...

          6. 6. Tubers of Solanum tuberosum L., intended for planting.

          7. 7. Plants of Beta vulgaris L., intended for industrial processing.

          8. 8. Soil from beet or unsterilized waste from beet (Beta vulgaris...

          9. 9. Seeds of Beta vulgaris L., Castanea Mill., Dolichos Jacq., Gossypium...

          10. 10. Fruits (bolls) of Gossypium spp. or unginned cotton or fruits...

          11. 11. The following plants which have been produced by producers whose...

    8. SCHEDULE 8

       Swiss plant passports

       1. PART A Relevant material originating in Switzerland which may be landed or moved within Northern Ireland if accompanied by a Swiss plant passport

          1. 1. Plants, other than seeds, of Amelanchier Med., Beta vulgaris L.,...

          2. 2. Plants of stoloniferous or tuberous species of Solanum L., intended...

          3. 3. Plants, other than fruit or seeds, of Citrus L., Fortunella...

          4. 4. Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., with leaves...

          5. 5. The following plants, which have been produced by producers whose...

       2. PART B Relevant material imported into Switzerland from another third country which, if it would normally be permitted to be landed in Northern Ireland if accompanied by a phytosanitary certificate, may be accompanied by a Swiss plant passport or may be landed without phytosanitary documentation

          1. 1. Plants, other than seeds, intended for planting, of Clausena Burm....

          2. 2. Seeds of Cruciferae, Gramineae or Trifolium spp., originating in Argentina,...

          3. 3. Seeds of Allium ascalonicum L., Allium cepa L., Allium porrum...

          4. 4. Seeds of Citrus L., Fortunella Swingle or Poncirus Raf.

          5. 5. Seeds of Triticum, Secale or X Triticosecale, originating in Afghanistan,...

          6. 6. Parts of plants, other than fruit or seeds, of—

          7. 7. Parts of plants, other than fruit but including seeds, of...

          8. 8. Fruit of— (a) Citrus L., Fortunella Swingle, Poncirus Raf., Momordica...

          9. 9. Tubers of Solanum tuberosum L.

          10. 10. Soil or growing medium, which consists in whole or in...

          11. 11. Soil or growing medium which is attached to or appears...

          12. 12. Grain of the genera Triticum, Secale or X Triticosecale, originating...

    9. SCHEDULE 9

       Requirements for plant passports

       1. PART A Requirements for plant passports for any relevant material in Schedule 6 or 7

          1. 1. A plant passport may only be issued in respect of...

          2. 2. A plant passport must comprise— (a) an official label containing...

          3. 3. But where the plant passport relates to any relevant material...

          4. 4. The plant passport details are— (a) the title “EU-plant passport”;...

          5. 5. An official label must— (a) not have been previously used;...

          6. 6. (1) The information contained in a plant passport must be—...

          7. 7. An additional document of a kind referred to in paragraph...

          8. 8. The additional information is any information relevant for the purpose...

       2. PART B Requirements for plant passports permitted for certain relevant material in Schedule 6 or 7

          1. 1. An official label which comprises a plant passport or part...

          2. 2. An official label in respect of tubers of Solanum tuberosum...

          3. 3. An official label in respect of seeds of Helianthus annus...

          4. 4. An official label in respect of Solanum lycopersicum L. or...

          5. 5. An official label in respect of seeds of Medicago sativa...

    10. SCHEDULE 10

        Form of phytosanitary certificate and form of phytosanitary certificate for re-export

        1. PART A Form of phytosanitary certificate

        2. PART B Form of Phytosanitary certificate for re-export

    11. SCHEDULE 11

        Notice of landing

        1. 1. Notice of landing of notifiable relevant material required by article 6(1) of the Plant Health Order (Northern Ireland) 2018

        2. 2. Quantity of relevant material…………………………………………………………………

        3. 3. Consignor country…………………………………………………………………………….

        4. 4. Country where consigned……………………………………………………………………..

        5. 5. Consignor……………………………………………………………………………………..

        6. 6. Importer……………………………………………………………………………………….

        7. 7. Country of destination………………………………………………………………………...

        8. 8. Intended point of entry in Northern Ireland…………………………………………………..

        9. 9. Air: Flight No ………………………………………………………………………………..

        10. 10. Land: Vehicle registration number ………………………………………………………...

        11. 11. Sea: Vessel name and container number or numbers ……………………………………...

        12. 12. Expected date and time of arrival …………………………………………………………..

        13. 13. Additional information (where required)………………………………………................... …………………………………………………………………………………………………... …………………………………………………………………………………………………... Signature of importer or...

    12. SCHEDULE 12

        Plant Health movement document

        1. PART A

           1. 1. The plant health movement document required under article 18 must...

           2. 2. The information contained in a plant health movement document must...

           3. 3. In Part B, “approved place of inspection” has the same...

        2. PART B

    13. SCHEDULE 13

        Special measures for the control of Potato wart disease

        1. 1. A plot is to be regarded as contaminated for the...

        2. 2. An inspector must demarcate a contaminated plot and a safety...

        3. 3. A notice under article 33 may require any potato tubers...

        4. 4. Where an inspector is satisfied that any potato tubers or...

        5. 5. Where a contaminated plot is demarcated under paragraph 2—

        6. 6. No potatoes may be grown in a safety zone demarcated...

        7. 7. Where an inspector is satisfied that Potato wart disease is...

    14. SCHEDULE 14

        Special measures for the control of European populations of Potato cyst nematode

        1. 1. Interpretation and application of Schedule 14

        2. 2. In this Schedule, “demarcated field” means a field in respect...

        3. 3. Demarcation of the field

        4. 4. The notice may not be withdrawn until it is confirmed,...

        5. 5. Prohibition on planting of potatoes

        6. 6. An inspector may authorise the planting in a demarcated field...

        7. 7. An authorisation under paragraph 6 must be by notice and...

        8. 8. Controls on contaminated seed potatoes etc.

        9. 9. An authorisation under paragraph 8 must be by notice and...

        10. 10. Controls on contaminated bulbs etc.

        11. 11. An authorisation under paragraph 11 must be by notice and...

    15. SCHEDULE 15

        Special measures for the control of Potato ring rot

        1. 1. Interpretation

        2. 2. Susceptible material or objects contaminated or possibly contaminated with Potato ring rot

        3. 3. A notice may require that— (a) contaminated susceptible material be...

        4. 4. Anything cleansed and disinfected in accordance with paragraph 3(c)(ii) may...

        5. 5. Measures which may be required in relation to a contaminated place of production

        6. 6. The first set of eradication measures are—

        7. 7. The second set of eradication measures are—

        8. 8. The third set of eradication measures are—

        9. 9. A notice may in relation to a contaminated place of...

        10. 10. The measures which may be specified in a notice under...

        11. 11. Additional measures applicable in relation to unit of protected crop production

        12. 12. An inspector may not grant an authorisation under paragraph 11...

        13. 13. Where an authorisation is granted under paragraph 11, the authorisation...

    16. SCHEDULE 16

        Potato brown rot

        1. 1. Interpretation

        2. PART A Special measures for the control of Potato brown rot

           1. 2. Susceptible material or objects contaminated or possibly contaminated with Potato brown rot

           2. 3. A notice may require that— (a) contaminated susceptible material be...

           3. 4. Anything cleansed and disinfected in accordance with paragraph 3(c)(ii) may...

           4. 5. Measures which may be required in relation to a contaminated place of production

           5. 6. The first set of eradication measures are—

           6. 7. The second set of eradication measures are—

           7. 8. The third set of eradication measures are—

           8. 9. A notice in relation to a contaminated place of production...

           9. 10. The measures which may be specified in a notice under...

           10. 11. Additional measures applicable in relation to units of protected crop production

           11. 12. An inspector may not grant an authorisation under paragraph 11...

           12. 13. An authorisation under paragraph 11 may— (a) in relation to...

        3. PART B Demarcation of zones for the control of Potato brown rot

           1. 14. This Part applies where an inspector has demarcated a zone...

           2. 15. The Department may, by notice, specify— (a) how long the...

           3. 16. A notice under paragraph 15— (a) must be in writing;...

           4. 17. Any premises which are partly inside and partly outside a...

           5. 18. A notice published in accordance with paragraph 16 is to...

           6. 19. The Department may specify in a notice under paragraph 15...

           7. 20. The Department may only specify— (a) the measures referred to...

    17. SCHEDULE 17

        Notification requirements

        1. 1. Live organisms of the animal kingdom

        2. 2. Ditylenchus dipsaci (Kühn) Filipjev – Stem nematode.

        3. 3. Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens –...

        4. 4. Bacteria

        5. 5. Clavibacter michiganensis subspecies michiganensis (Smith) Davis et al.(syn. Corynebacterium michiganse...

        6. 6. Erwinia amylovora (Burr.) Winslow et al., the cause of Fire...

        7. 7. Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey – Slow wilt of...

        8. 8. Xanthomonas campestris pv. vesicatoria (Diodge) Dye – Tomato bacterial spot....

        9. 9. Cyptograms

        10. 10. Phialophora cinerescens (Wollenweber) Van Beyma – a carnation wilt.

        11. 11. Puccinia horiana P. Henn. – Chrysanthemum white rust.

        12. 12. Verticillium albo-atrum Reinke and Berth – Verticillium wilt disease.

        13. 13. Verticillium dahlia Klebahn – Verticillium wilt of hops.

        14. 14. Viruses and virus-like pathogens

        15. 15. Chrysanthemum stunt viroid.

        16. 16. Plum pox virus.

        17. 17. Raspberry ringspot virus.

        18. 18. Strawberry crinkle virus.

        19. 19. Strawberry latent ringspot virus.

        20. 20. Strawberry mild yellow edge virus.

        21. 21. Tomato black ring virus.

        22. 22. Tomato spotted wilt virus.

    18. SCHEDULE 18

        Revocation of Orders

15. Explanatory Note