The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

1. Introductory Text

2. PART 1 Introduction

   1. 1. Citation, commencement and extent

   2. 2. Interpretation: general

   3. 3. Interpretation: EU instruments

   4. 3A. Measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation

   5. 4. Article 82 of the EU Plant Health Regulation: meaning of “close proximity”

3. PART 2 Competent authorities

   1. 5. Designation of competent authority

   2. 6. Disclosure of information

4. PART 3 Official Controls on controlled consignments from third countries and other official controls on goods from third countries

   1. 7. Derogation to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013

   2. 8. Suspicion of non-compliance

   3. 9. Consignments not correctly presented for official controls

   4. 10. Official measures in relation to non-compliant consignments or consignments which pose a risk to plant health

   5. 11. Notices under regulation 8, 9 or 10

   6. 12. Border control posts: authorisation of inspection centre and commercial storage facilities

   7. 13. Transitional provision: approved places of inspection

5. PART 4 Official activities to prevent the establishment or spread of plant pests

   1. 14. Introduction

   2. 15. Notices in relation to controlled plant pests or prohibited material

   3. 16. Action which may be taken by a plant health inspector

   4. 17. Establishment of demarcated areas and measures to be taken in those areas

6. PART 5 Temporary national measures

   1. 18. Temporary national measures

7. PART 6 Registration, authorisations and certificates

   1. 19. Applications for registration

   2. 20. Other applications

   3. 21. Authorisations for other purposes

   4. 22. Authorisations granted by the Scottish Ministers

8. PART 7 Measures relating to certain solanaceous species

   1. 23. Specific measures relating to certain solanaceous species

9. PART 8 Notification requirements

   1. 24. Notification requirements in relation to seed potatoes

   2. 25. Notification requirements in relation to citrus fruits

   3. 26. Notification requirements in relation to other plants and plant products

   4. 27. Notification requirements in relation to Tomato brown rugose fruit virus and Rose Rosette virus

10. PART 9 General powers of inspectors and enforcement

    1. 28. Interpretation

    2. 29. Powers of entry

    3. 30. Right of entry conferred by a warrant issued by a sheriff, a summary sheriff or a justice of the peace

    4. 31. Information notices

    5. 32. Failure to comply with a notice

    6. 32A. Removal of ISPM 15 mark from wood packaging material

    7. 32B. Marking of wood packaging material: power of seizure

    8. 33. Disclosure of information held by Revenue and Customs

11. PART 10 General and supplemental provisions relating to notices

    1. 34. Interpretation

    2. 35. Miscellaneous provisions as to notices

    3. 36. Service of notices

12. PART 11 Offences

    1. 37. General

    2. 38. Failure to comply with requirements of notices etc.

    3. 39. Defence: reasonable excuse for failure to comply with requirements of notices etc.

    4. 40. Provision of false or misleading information

    5. 41. Improper use of ... plant passports , Northern Ireland plant health labels or certificates

    6. 42. Obstruction etc.

    7. 43. Defence: reasonable excuse for obstruction etc.

    8. 44. Offence relating to the disclosure of information held by Revenue and Customs

    9. 45. Defence: lawful disclosure of information held by Revenue and Customs

    10. 46. Offences by bodies corporate, etc.

    11. 47. Penalties

13. PART 12 Miscellaneous

    1. 48. Minor and consequential amendments

    2. 49. Revocation

    3. 50. Transitional provisions: licences under article 39(1) of the Forestry Order or article 41(1) of the 2005 Order

    4. 51. Transitional provisions: other licences under the Forestry Order or the 2005 Order

    5. 52. Transitional provisions: notices

    6. 53. Transitional provisions: approvals granted under article 17(1) of the Forestry Order or article 17(1) of the 2005 Order

14. Signature

15. 1. SCHEDULE 1

       Temporary national measures

       1. PART 1 Introduction

          1. 1. Interpretation

       2. PART 2 Plants, plant products or other objects from third countries

          1. 2. Temporary measures in relation to Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr

          2. 2A. Temporary measures in relation to Candidatus Phytoplasma ulmi

          3. 2B. Temporary measures in relation to Agrilus planipennis Fairmaire

          4. 2C. Exception for controlled material in transit

       3. PART 3 Plants, plant products or other objects from another part of the Union territory

          1. 3. Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory

          2. 4. . . . . . . . . . ....

       4. PART 4 Official controls on consignments from third countries

          1. 5. . . . . . . . . . ....

          2. 6. Application of this Part

          3. 7. Notification and presentation of schedule 1 consignments

          4. 8. Consignments not correctly presented for official controls

          5. 9. Official controls to be performed on schedule 1 consignments

          6. 10. Completion of official controls

          7. 11. Removal of schedule 1 consignments from border control posts of arrival

          8. 12. Measures to be taken on non-compliant schedule 1 consignments

          9. 13. Measures to be taken on schedule 1 consignments

          10. 14. Notification of decisions to refuse the entry of a schedule 1 consignment into Scotland

          11. 15. Notices under this Part

    2. SCHEDULE 2

       Specific measures relating to certain solanaceous species

       1. PART 1 General interpretation

          1. 1. In this schedule— “basic seed potatoes” has the meaning given...

       2. PART 2 General provisions relating to the planting of certain solanaceous species

          1. 2. General restrictions on the planting of potatoes

          2. 3. Special Measures

          3. 4. Potato Cyst Nematode

          4. 5. Official surveys

          5. 5A. An official survey conducted under this Part or Part 4...

          6. 6. . . . . . . . . . ....

       3. PART 3 Measures for the control of Potato Wart Disease

          1. 7. Interpretation

          2. 8. Official measures relating to contaminated plots of land

          3. 9. Prohibition on the planting of potatoes on contaminated plots

          4. 10. Revocation of the demarcation of a contaminated plot

       4. PART 4 Measures for the control of European populations of Potato Cyst Nematode

          1. 11. Standard sampling rate for official soil test

          2. 12. Lower sampling rate for official soil test

          3. 13. Official tests carried out before 1 July 2010

          4. 14. Further reduction of standard and lower sampling rates

          5. 15. Continued use of lower and reduced sampling rates

          6. 16. Minimum size of soil sample

          7. 17. Action following official soil test or official survey

          8. 18. Notice that sampling unit is infested with Potato Cyst Nematode

          9. 19. Sampling units infested with Potato Cyst Nematode: planting of potatoes not intended for production of seed potatoes

          10. 20. Notice authorising planting of potatoes not intended for production of seed potatoes in sampling units infested with Potato Cyst Nematode

          11. 21. Notice of contamination

          12. 22. Prohibitions following issue of notice of contamination

          13. 23. Notice of contamination: authorisation for movement of potatoes for industrial processing or grading

          14. 24. Notices of infestation or contamination: revocation

          15. 25. Further investigations

       5. PART 5 Potato Cyst Nematode - species to which controls apply

       6. PART 6 Measures for the control of Potato Ring Rot

          1. 26. Interpretation

          2. 27. Official surveys and testing

          3. 28. Measures to be taken following the confirmation of the presence of Potato Ring Rot

          4. 29. Restrictions in relation to specified plant material or objects contaminated or probably contaminated with Potato Ring Rot

          5. 30. Contaminated place of production – notice (general)

          6. 31. Contaminated place of production – notice in relation to any field also designated as contaminated

          7. 32. Measures in relation to a contaminated place of production

          8. 33. Contaminated place of production – notice in relation to fields other than those referred to in paragraph 31

          9. 34. Contaminated place of production – notice and authorisation where unit of protected crop production also designated as contaminated

          10. 35. Contaminated place of production – notice under paragraph 30 requiring cleansing and disinfecting

          11. 36. Demarcated zone

       7. PART 7 Measures for the control of Ralstonia solanacearum (Smith) Yabuuchi et al.

          1. 37. Interpretation

          2. 38. Official surveys and testing

          3. 39. Measures to be taken following the confirmation of the presence of R. solanacearum

          4. 40. Restrictions in relation to specified plant material or objects contaminated or probably contaminated with R. solanacearum

          5. 41. Contaminated place of production – notice (general)

          6. 42. Contaminated place of production – notice in relation to any field also designated as contaminated

          7. 43. Measures in relation to contaminated place of production

          8. 44. Contaminated place of production – notice in relation to fields other than those referred to in paragraph 42

          9. 45. Contaminated place of production – notice and authorisation where unit of protected crop production also designated as contaminated

          10. 46. Contaminated place of production – notice under paragraph 41

          11. 47. Demarcated zones

       8. PART 8 Measures relating to potatoes originating in Egypt

          1. 48. (1) In this paragraph, “potatoes originating in Egypt” means any...

    3. SCHEDULE 3

       Offences: relevant provisions in the Plant Health Regulation, Official Controls Regulation and other assimilated legislation

       1. PART 1 The ... Plant Health Regulation

       2. PART 2 The Official Controls Regulation

       3. PART 3 Other retained EU legislation

    4. SCHEDULE 3A

       Offences: relevant offences in the Windsor Framework (Plant Health) Regulations 2023

    5. SCHEDULE 4

       Offences: EU decisions relating to plant health

    6. SCHEDULE 5

       Amendments to secondary legislation

       1. PART 1 The Marketing of Vegetable Plant Material Regulations 1995

          1. 1. (1) The Marketing of Vegetable Plant Material Regulations 1995 are...

       2. PART 2 The Marketing of Ornamental Plant Propagating Material Regulations 1999

          1. 2. (1) The Marketing of Ornamental Plant Propagating Materials Regulations 1999...

       3. PART 3 The Forest Reproductive Material (Great Britain) Regulations 2002

          1. 3. (1) The Forest Reproductive Material (Great Britain) Regulations 2002 are...

       4. PART 4 The Potatoes Originating in Egypt (Scotland) Regulations 2004

          1. 4. (1) The Potatoes Originating in Egypt (Scotland) Regulations 2004 are...

       5. PART 5 The Plant Health (Potatoes) (Scotland) Order 2006

          1. 5. In the Plant Health (Potatoes) (Scotland) Order 2006 , in...

       6. PART 6 The Plant Health (Fees) (Scotland) Regulations 2008

          1. 6. (1) The Plant Health (Fees) (Scotland) Regulations 2008 are amended...

       7. PART 7 The Waste Management Licensing (Scotland) Regulations 2011

          1. 7. (1) The Waste Management Licensing (Scotland) Regulations 2011 are amended...

       8. PART 8 The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014

          1. 8. (1) The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014...

       9. PART 9 The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

          1. 9. (1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations...

       10. PART 10 The Seed Potatoes (Scotland) Regulations 2015

           1. 10. (1) The Seed Potatoes (Scotland) Regulations 2015 are amended as...

       11. PART 11 The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

           1. 11. (1) The Marketing of Fruit Plant and Propagating Material (Scotland)...

       12. PART 12 The Plant Health (Export Certification) (Scotland) Order 2018

           1. 12. (1) The Plant Health (Export Certification) (Scotland) Order 2018 is...

    7. SCHEDULE 6

       Revocation of instruments

16. Explanatory Note