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

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  1. Introductory Text

  2. PART 1 Introduction

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

    3. 3.Application of these Regulations

    4. 4.Marketing of plant materials for trials etc.

  3. PART 2 Marketing of plant material

    1. 5.General requirements for marketing of plant material

    2. 6.Exemptions in relation to retail supply

    3. 7.Varieties which may be marketed

    4. 8.Labelling, sealing and packaging

    5. 9.Accompanying document

  4. PART 3 Suppliers

    1. 10.Registration of suppliers

    2. 11.The register of suppliers

    3. 12.Revocation of registration etc.

    4. 13.Appeals

    5. 14.Supplier's duties – identification and monitoring during production

    6. 15.Supplier's duties – removal of non-compliant materials and notification of disease

    7. 16.Supplier's duties – separation of plant materials

    8. 17.Supplier's duties - record keeping

  5. PART 4 Enforcement and administration etc.

    1. 18.Inspectors

    2. 19.Notices

    3. 20.Offences and penalties

    4. 21.Offences by bodies corporate, Scottish partnerships and unincorporated associations

    5. 22.Arrangements for official measures

  6. PART 5 General

    1. 23.Transitional provision

    2. 23A.Transitional provision for official labels on IP completion day

    3. 23ZA.Transitional provisions for supplier’s documents affixed to CAC material

    4. 24.Revocation

  7. Signature

    1. SCHEDULE 1

      Genera and Species to which these Regulations apply

    2. SCHEDULE 2

      Certification requirements

      1. PART 1 General

        1. 1.Interpretation

        2. 2.Provisions on official inspections

      2. PART 2 Pre-basic material

        1. 3.Pre-basic material (other than mother plants and rootstocks not belonging to a variety)

        2. 4.Rootstocks not belonging to a variety

        3. 5.Acceptance of plants as pre-basic mother plants

        4. 6.Acceptance of rootstocks not belonging to a variety as a pre-basic mother plant

        5. 7.Verification of trueness to the description of variety

        6. 8.Maintenance of pre-basic mother plants and pre-basic material

        7. 9.Health requirements for candidate pre-basic mother plants and for pre-basic mother plants produced by renewal

        8. 10.Health requirements for pre-basic mother plants and for pre-basic material

        9. 11.Soil requirements for pre-basic mother plants and pre-basic material

        10. 12.Defects

        11. 13.Requirements concerning multiplication, renewal and propagation of pre-basic mother plants

        12. 14.Requirements concerning multiplication, renewal and propagation by micropropagation of pre-basic mother plants

      3. PART 3 Basic material

        1. 15.Requirements for the certification of basic material

        2. 16.Rootstocks not belonging to a variety

        3. 17.Health requirements for basic mother plants and basic material

        4. 18.Soil requirements for basic mother plants and basic material

        5. 19.Requirements concerning the maintenance of basic mother plants and basic material

        6. 20.Conditions for multiplication and multiplication by micropropagation of basic mother plants

      4. PART 4 Certified material

        1. 21.Requirements for certification as certified material

        2. 22.Rootstocks not belonging to a variety

        3. 23.Health requirements for certified mother plants and certified material

        4. 24.Soil requirements for certified mother plants and certified material

      5. PART 5 Requirements with regard to the production site, place of production or area

        1. 25.Requirements with regard to the production site, place of production or area

    3. SCHEDULE 3

      CAC material

      1. 1.Conditions for CAC material other than rootstocks not belonging to a variety

      2. 2.CAC material: rootstocks not belonging to a variety

      3. 3.CAC material: trueness to the description of the variety

      4. 4.Requirements with regard to the production site, place of production or area

    4. SCHEDULE 4

      Registration of varieties

      1. 1.Interpretation

      2. 2.Register of varieties

      3. 3.Registration

      4. 4.Application for registration with an official description

      5. 5.Growing trials

      6. 6.Duration and renewal of acceptance

      7. 7.Removal from register

      8. 8.Additional requirements for products to be used as genetically modified food or feed

      9. 9.Distinctness

      10. 10.Uniformity

      11. 11.Stability

    5. SCHEDULE 5

      Official labels, supplier's documents and accompanying documents

      1. PART 1 Official labels

        1. 1.An official label used in relation to pre-basic material must...

        2. 2.An official label used in relation to basic material must...

        3. 3.An official label used in relation to certified material must...

        4. 4.An official label must— (a) contain the statement “UK rules...

        5. 5.The information and particulars required on an official label must...

      2. PART 2 Supplier's documents for CAC material

        1. 6.A supplier's document for CAC material must—

        2. 6A.Where it is affixed to the CAC material in the...

        3. 7.The information and particulars required in a supplier's document must...

      3. PART 3 Accompanying documents

        1. 8.An accompanying document must— (a) contain the information listed in...

    6. SCHEDULE 6

      RNQPs for the presence of which visual inspection and, where there are doubts, sampling and testing are required

    7. SCHEDULE 6A

      RNQPs for the presence of which visual inspection and, where applicable, sampling and testing are required

    8. SCHEDULE 6B

      RNQPs the presence of which in soil is regulated

    9. SCHEDULE 7

      Visual inspections, sampling and testing per genus or species and category

      1. 1.In this schedule, “Commission Implementing Decision 2017/925” means Commission Implementing...

      2. 2.Propagating material must comply with— (a) the requirements concerning GB...

    10. SCHEDULE 8

      Powers of inspectors

      1. 1.Powers of entry etc.

      2. 2.Information notice

      3. 3.Prohibition on movement

      4. 4.Enforcement and prohibition notices

      5. 5.Appeals against enforcement and prohibition notices

      6. 6.Compliance with notices

  9. Explanatory Note

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