The Plant Health (Phytophthora ramorum) Order (Northern Ireland) 2005

Interpretation

2.  In this Order –

“the Department” means the Department of Agriculture and Rural Development;

“European Community” has the same meaning as in Article 3(1) of the principal Order;

“inspector” means any person authorised to be an inspector for the purposes of the principal Order;

“origin” means, in respect of susceptible material, the place where the material is grown or produced, and “originates”, “originated” and “originating” shall be construed accordingly;

“Phytophthora ramorum” refers to the pest Phytophthora ramorum Werres, De Cock & Man in t Veld sp. nov;

“phytosanitary certificate” means a certificate duly completed either:

(a)

in the form set out in Schedule 11 of the principal Order; or

(b)

the equivalent in a language other than English;

“place of production” has the same meaning as in the principal Order;

“plant” has the same meaning as in the principal Order;

“plant passport” means either:

(a)

a label and, where appropriate, an accompanying document issued in the European Community containing the relevant information listed in Schedule 9 of the principal Order which gives evidence that the provisions of this Order relating to plant health standards and special requirements for plants and plant products moving within the European Community have been complied with, or

(b)

except for the purposes of Article 8 (1), a Swiss plant passport;

“plant product” means a product of plant origin, which is unprocessed or has undergone simple preparation insofar as it is not a plant;

“premises” has the same meaning as in the principal Order;

“the principal Order” means the Plant Health Order (Northern Ireland) 1993(1);

“reforwarding phytosanitary certificate” means a certificate duly completed either:

(a)

in the form set out in Schedule 12 of the principal Order; or

(b)

the equivalent in a language other than English;

“susceptible material” means:

(a)

in the case of material originating in the United States of America (“USA”), plants, other than fruit or seeds, of the species and genera listed in the first column of Schedule 1;

(b)

in all other cases, plants, other than seeds, intended for planting of Camellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp. L.; and

(c)

susceptible trees;

“susceptible tree” means a tree, excluding fruit of seeds, of the species and genera listed in the first column of Schedule 1;

“Swiss plant passport” means a label and, where appropriate, an accompanying document, issued in Switzerland in accordance with Swiss legislation which:

(a)

contains information which gives evidence that the legislation in Switzerland relating to plant health standards and special requirements for plants and plant products moving into and within Switzerland have been complied with; and

(b)

relates to a plant intended for planting of Camellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch. and Viburnum spp. L.;

“third country” has the same meaning as in the principal Order;

“tree” means a living tree or shrub or any living part thereof at any stage of its growth and includes, where the context admits, any growing medium, substance, packing material or container attached thereto or associated therewith, and a living part of a tree shall be deemed to include –

(a)

branches with or without foliage,

(b)

cut trees retaining foliage,

(c)

trees in tissue culture, and

(d)

fruit or seed of a tree.

(1)

S.R. 1993 No. 256 as amended by S.R. 1994 No. 28, S.R. 1995 No. 164, No. 250 and No. 494, S.R. 1996 No. 204 and No. 249, S.R. 1997 No. 110 and No. 397, S.R. 1998 No. 16, No. 146 and No. 315, S.R. 1999 No. 24, S.R. 2000 No. 126, S.R. 2001 No. 188 and No. 437, S.R. 2002 No. 273, S.R. 2003 No. 235 and No. 458, S.R. 2004 No. 415