The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

Supplier’s duties – removal of non-compliant materials and notification of disease

15.—(1) Subject to paragraph (3), a supplier must, during production, remove any mother plant or propagating material (other than rootstocks not belonging to a variety) from the vicinity of any other mother plant or propagating material of the same category if—

(a) in the case of a pre-basic mother plant or pre-basic material, the plant, or as the case may be, the material, does not meet any of the requirements set out in paragraphs 5(1)(b) and 7 to 12 of schedule 2;

(b) in the case of a basic mother plant or basic material, the plant, or as the case may be, the material, does not meet any of the requirements mentioned in paragraph 15(1)(c) (as read with paragraph 15(2)), (d), (e) and (f) of schedule 2; or

(c) in the case of a certified mother plant or certified material, the plant, or as the case may be, the material, does not meet any of the requirements mentioned in paragraph 21(1)(d) (as read with paragraph 21(2)), (e) and (f) of schedule 2.

(2) Subject to paragraph (3), a supplier must, during production, remove any mother plant or propagating material which is a rootstock not belonging to a variety from the vicinity of any other mother plant or propagating material of the same category if, in the case of a rootstock—

(a) within the pre-basic category, the rootstock does not meet the requirements set out in paragraphs 8 to 12 of schedule 2;

(b) within the basic category, the rootstock does not meet the requirements mentioned in paragraphs 16(1)(b) (as read with paragraph 16(2)) and 18 to 20 of schedule 2; or

(c) within the certified category, the rootstock does not meet the requirements mentioned in paragraph 16(1)(b)(i) to (v) (as read with paragraph 16(2)) of schedule 2.

(3) A supplier may, instead of removing the plant material mentioned in paragraph (1) or (2)—

(a) take measures to ensure the requirements of the relevant provisions referred to in paragraph (1) or, as the case may be, (2) are met; or

(b) if the plant material complies with the conditions for marketing set out in these Regulations in respect of another category—

(i) seek official certification of the plant material within that other category; or

(ii) if the plant material complies with the conditions for marketing of CAC material, market it as CAC material.

(4) A supplier must notify the Scottish Ministers of the appearance on that supplier’s premises of any organism listed in Table IA or II in schedule 6 or of the appearance of any organism at a level greater than the tolerance specified for such organism in Table IB in schedule 6.

(5) In this regulation, the terms “pre-basic mother plant”, “basic mother plant” and “certified mother plant” have the meanings given to them in paragraph 1 of schedule 2.