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

PART 1 N.I. Introduction

Citation and commencement N.I.

1.  These Regulations may be cited as the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 and come into operation on 29th June 2017.

Interpretation; general N.I.

2.—(1) In these Regulations—

“basic material” means propagating material intended for the production of certified material, which has been—

(a)

in relation to propagating material produced in Northern Ireland, certified as basic material in accordance with regulation 9;

(b)

[F1 in relation to propagating material produced outside Northern Ireland, certified as basic material by a responsible authority in accordance with—

(i)

in the case of material produced in the United Kingdom, other than in Northern Ireland, the relevant fruit marketing regulations;

(ii)

in the case of material produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to regulation 9(1) and (2);

(iii)

in the case of material produced in a member State, Article 15 of Directive 2014/98/EU;]

“basic mother plant” means a mother plant intended for the production of basic material;

“CAC material” means propagating material and fruit plants which—

(a)

are intended for the production of propagating material, fruit plants or fruit; and

(b)

in the case of—

(i)

plant material produced in Northern Ireland, meet the requirements for CAC material in Schedule 1; F2 ...

(ii)

[F3 in the case of material and plants produced in the United Kingdom, other than in Northern Ireland, the relevant fruit marketing regulations;

(iii)

in the case of material and plants produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to Schedule 1;

(iv)

in the case of material produced in a member State, Article 3 of Directive 2014/98/EU;]

“category” means pre-basic material, basic material, certified material or CAC material;

“certified” (and “certification” is to be construed accordingly) means—

(a)

in relation to plant material produced in Northern Ireland, officially certified by the Department, F4 ... in accordance with regulation 9;

(b)

[F5 in relation to plant material produced in the United Kingdom, other than in Northern Ireland, officially certified in accordance with the relevant fruit marketing regulations;

(c)

in relation to material produced in a member State, Article 3 of Directive 2014/98/EU, by the responsible authority in the member State concerned;]

“certified material” means any propagating material or fruit plants intended respectively for the production of fruit plants or the production of fruits, which have been—

(a)

in relation to propagating material and fruit plants produced in Northern Ireland, certified as certified material in accordance with regulation 9

(b)

[F6 in relation to propagating material and fruit plants produced in the United Kingdom, other than in Northern Ireland, certified as certified material, in accordance with the relevant fruit marketing regulations;

(c)

in relation to propagating material and fruit plants produced in a member State, certified as certified material, in accordance with Article 20 of Directive 2014/98/EU, by the responsible authority in the member State concerned;

(d)

in relation to propagating material and fruit plants produced in a Crown Dependency, certified as certified material, in accordance with legislation recognised by the Department as having equivalent effect to regulation 9(1) and (2);]

“certified mother plant” means a mother plant intended for the production of certified material;

“certified plant material” means plant material that is certified as pre-basic material, basic material or, as the case may be, certified material;

[F7 “Crown Dependency” means the Isle of Man or any of the Channel Islands;]

“cryopreservation” means the maintenance of plant material by cooling to ultra low temperatures in order to retain the viability of the material;

“the Department” means the Department of Agriculture, Environment and Rural Affairs;

[F8 “the fruit marketing regulations” means—

(a)

as regards England, the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017;

(b)

as regards Scotland, the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017;

(c)

as regards Wales, the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017;]

“fruit plants” means plants intended to be planted or replanted, after marketing;

“inspector” means a person authorised by the Department to be an inspector for the purposes of these Regulations;

“lot” means a number of units of a single commodity, identifiable by its homogeneity of composition and origin;

“marketing” means the sale, holding with a view to sale, offer for sale, and any disposal, supply or transfer aimed at commercial exploitation of propagating material or fruit plants to third parties, whether or not for consideration, and “marketed” is to be construed accordingly;

“micropropagation” means the multiplication of plant material in order to produce a large number of plants, using in vitro culture of differentiated vegetative buds or differentiated vegetative meristems taken from a plant;

“mother plant” means an identified plant intended for propagation;

“official description” means the description of a variety provided on—

(a)

registration; or

(b)

the grant of plant variety rights;

“official examination” means an examination or inspection conducted by an inspector, including one conducted by way of sample;

“official label” means—

(a)

in relation to certified plant material produced in Northern Ireland, a label issued or approved by the Department, which has not been previously used and which meets the requirements in Part 1 of Schedule 2;

(b)

[F9 in relation to certified plant material produced outside Northern Ireland, a label issued, as appropriate to the plant material to which the label relates, in accordance with—

(i)

in the case of material produced in the United Kingdom, other than in Northern Ireland, the relevant fruit marketing regulations;

(ii)

in the case of material produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to Part 1 of Schedule 2;

(iii)

in the case of material produced in a member State, Article 2 of Directive 2014/96/EU, by the responsible authority in the member State concerned;]

“officially recognised description” means a description of key morphological features that enable the variety to be identified;

“outside Northern Ireland” means any part of the United Kingdom other than Northern Ireland [F10 , any member State or any Crown Dependency];

F11 ...

“plant material” means the plants and materials described in regulation 4;

“plant variety rights” means rights granted under—

(a)

Part 1 of the Plant Varieties Act 1997 M1 ;

(b)

F12 ...

(c)

domestic legislation in countries or territories, other than those forming part of the United Kingdom, that affords plant variety protection in accordance with UPOV;

“practically free from defects” means that defects likely to impair the quality and usefulness of the propagating material or fruit plants, are present at a level equal to, or lower than, the level expected to result from good cultivating and handling practices, and that level is consistent with good cultivating and handling practices;

“pre-basic material” means propagating material intended for the production of basic material or certified material, other than fruit plants, which has been—

(a)

in relation to propagating material produced in Northern Ireland, certified as pre-basic material in accordance with regulation 9;

(b)

[F13 in relation to pre-basic material produced outside Northern Ireland, material certified as pre-basic, in accordance with—

(i)

in the case of material produced in the United Kingdom, other than in Northern Ireland, the relevant fruit marketing regulations;

(ii)

in the case of material produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to regulation 9(1) and (2);

(iv)

in the case of material produced in a member State, Article 3 or 4 of Directive 2014/98/EU, by the responsible authority in the member State concerned;]

“pre-basic mother plant” means a mother plant intended for the production of pre-basic material;

“propagating material” means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants;

[F14 “RNQP” means a Union regulated non-quarantine pest within the meaning given by Article 36 of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants as last amended by Regulation (EU) 2017/625 of the European Parliament and of the Council;]

“registered as a variety” (and “registration” is to be construed accordingly) means—

(a)

registration in Northern Ireland as a variety in accordance with Schedule 3; or

(b)

[F15 registration outside Northern Ireland as a variety in accordance with—

(i)

in the case of Scotland, Schedule 4 to the Marketing of Fruit Plant Propagating Material (Scotland) Regulations 2017;

(ii)

in the case of Wales, Schedule 4 to the Marketing of Fruit Plant Propagating Material (Wales) Regulations 2017;

(iii)

in the case of England, Schedule 4 of the Marketing of Fruit Plant Propagating Material (England) Regulations 2017;]

“responsible authority” means the authority established or designated by a member State in accordance with Article 2(11) of the Directive, responsible for the quality of plant material in the country or territory where the plant material was produced;

“supplier” means a person who is involved professionally in the reproduction, production, preservation, treatment, importation or marketing of plant material;

“supplier's document” means a document prepared by the supplier that meets the requirements in Part 2 of Schedule 2;

“variety” means a plant grouping within a single botanical taxon of the lowest known rank, which can be—

(a)

defined by the expression of the characteristics resulting from a given genotype or combination of genotypes;

(b)

distinguished from any other plant grouping by the expression of at least one of the said characteristics; and

(c)

considered as an entity in view of its ability to be propagated unchanged;

“visual inspection” means the examination of plants or parts of plants in facilities, fields and lots, by the Department or, where appropriate, the supplier, using the unaided eye, lens, stereoscope or microscope.

(2) The Interpretation Act (Northern Ireland) 1954 M2 applies to these Regulations as it applies to an Act of the Assembly.

Textual Amendments

F1 Words in reg. 2(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in reg. 2(1) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 2(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 2(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 2(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(d) (as amended by S.I. 2019/820, regs. 1(1), 5(7)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 2(1) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(e); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 2(1) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(f); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in reg. 2(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(g); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in reg. 2(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(h); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in reg. 2(1) omitted (23.12.2020) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 (S.R. 2020/293), regs. 1, 54(2)

F12 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(i); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in reg. 2(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(j); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in reg. 2(1) inserted (31.12.2020) by The Marketing of Seed Potatoes, Plant and Propagating Material Regulations (Northern Ireland) 2020 (S.R. 2020/359), regs. 1, 5(2)

F15 Words in reg. 2(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 54(k); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 1997 c.66

M2 1954 c.33 (N.I.)

Interpretation: European Union instruments N.I.

3.—(1) In these Regulations—

F16 ...

“Directive 2014/96/EU” means Commission Implementing Directive 2014/96/EU on the requirements for the labelling, sealing and packaging of fruit plant propagating material and fruit plants intended for fruit production, falling within the scope of Council Directive 2008/90/EC M3 [F17 as amended from time to time] ;

“Directive 2014/97/EU” means Commission Implementing Directive 2014/97/EU implementing Council Directive 2008/90/EC as regards the registration of suppliers and of varieties and the common list of varieties M4 [F18 as amended from time to time] ;

“Directive 2014/98/EU” means Commission Implementing Directive 2014/98/EU implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections M5 [F19 as amended from time to time] ;

“the Directive” means Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production M6 [F20 as amended from time to time] .

[F21 “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants amending Regulations (EU) No 228/2013, (EU) No 652/2014, and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;]

(2) Any reference in these Regulations to Annex I, Annex II, Annex III, Annex IV or Annex V to Directive 2014/98/EU is a reference to that Annex as amended from time to time.

Textual Amendments

F16 Words in reg. 3(1) omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (S.R. 2019/230), reg. 1, Sch. 5 para. 5(3)

F17 Words in reg. 3(1) inserted (28.3.2019) by The Plant Health and Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/41), regs. 1(1), 5(2)(b)

F18 Words in reg. 3(1) inserted (28.3.2019) by The Plant Health and Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/41), regs. 1(1), 5(2)(c)

F19 Words in reg. 3(1) inserted (28.3.2019) by The Plant Health and Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/41), regs. 1(1), 5(2)(d)

F20 Words in reg. 3(1) inserted (28.3.2019) by The Plant Health and Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/41), regs. 1(1), 5(2)(e)

F21 Words in reg. 3(1) inserted (23.12.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 (S.R. 2020/293), regs. 1, 54(3)

Marginal Citations

M3 OJ L 298, 16.10.2014, p.12

M4 OJ L 298, 16.10.2014, p.16

M5 OJ L 298, 16.10.2014, p.22

M6 OJ L 267, 8.10.2008, p.8, as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council (OJL 189, 27.6.2014, p.1).

Plant material to which these Regulations apply N.I.

4.—(1) Subject to paragraph (2), these Regulations apply in relation to—

(a) fruit plants and propagating material of the genera and species listed in Schedule 4 and their hybrids; and

(b) parts of plants, including rootstocks, of other genera or species and their hybrids if material from fruit plants listed in Schedule 4 (or any hybrid of such fruit plants) is, or is to be, grafted on to them.

(2) These Regulations do not apply in relation to plant material intended for export from Northern Ireland to any country outside the [F22 United Kingdom], provided the plant material is identified as such and kept sufficiently isolated.

Textual Amendments

F22 Words in reg. 4(2) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 55; 2020 c. 1, Sch. 5 para. 1(1)

PART 2 N.I. Marketing of Plant Material

Marketing of plant material N.I.

5.—(1) Plant material may only be marketed if—

(a) the plant material meets the requirements in paragraph (2); and

(b) it is marketed by a supplier registered in accordance with regulation 11.

(2) The requirements are—

(a) the plant material must be certified plant material or CAC material;

(b) except in the case of rootstocks not belonging to a variety, the plant material must be of a variety that may be marketed in accordance with regulation 7 and be marketed with a reference to the variety to which the plant material belongs in accordance with regulation 8;

(c) in the case of rootstocks not belonging to a variety, the plant material must be marketed by reference to the species or interspecific hybrid concerned;

(d) in the case of certified plant material, the plant material must be labelled, sealed and packaged in accordance with regulation 10; and

(e) in the case of CAC material, the plant material must be accompanied by a supplier's document.

[F23 (3) The Department may authorise the marketing of plant material from any country outside the [F24 United Kingdom] if satisfied that the plant material has been produced under conditions equivalent to the requirements in these Regulations for plant material.]

[F25 (5) No person may market in Northern Ireland plant material produced in a member State.

(6) Paragraph (5) does not apply to plant material which meets the conditions set out in paragraph (7);

(7) The conditions are that the plant material—

(a) is of a variety that may be marketed under regulation 7 or has been registered as a variety by the responsible authority in a member State in accordance with Article 4 of Directive 2014/97/EU;

(b) has been produced in compliance with the requirements set out in Directives 2008/90/EC, 2014/98/EU and 2014/96/EU; and

(c) has been imported into Northern Ireland before the end of the period of two years beginning with the day after the day on which exit day falls.]

Textual Amendments

F23 Reg. 5(3) substituted for reg. 5(3)(4) (1.9.2019) by The Marketing of Plant and Propagating Material (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/161), regs. 1(1), 3

F24 Words in reg. 5(3) substituted (31.12.2020) by S.I. 2019/211, reg. 56(a) (as substituted by The Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1313), regs. 1(2)(a), 8; 2020 c. 1, Sch. 5 para. 1(1))

F25 Reg. 5(5)-(7) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 56(b) (as amended by S.I. 2019/1313, regs. 1(2)(a), 8); 2020 c. 1, Sch. 5 para. 1(1)

Exemption in respect of the marketing of plant material intended for trials etc. N.I.

6.  Regulation 5(1)(a) does not apply to plant material marketed in accordance with an authorisation granted by the Department, and which is intended for—

(a) trials or scientific purposes;

(b) selection work; or

(c) measures aimed at the conservation of genetic diversity.

Varieties that may be marketed N.I.

7.—(1) For the purposes of regulation 5(2)(b), plant material is of a variety that may be marketed if the variety fulfils one or more of the requirements in paragraph (2).

(2) The variety must—

(a) be the subject to a grant of plant variety rights;

(b) be registered as a variety;

(c) be the subject of an application for—

(i) plant variety rights; or

(ii) registration as a variety;

(d) have been marketed prior to 30th September 2012 within the European Union and have an officially recognised description; or

(e) in relation to varieties with no intrinsic value for commercial crop production being marketed within the United Kingdom—

(i) have an officially recognised description; and

(ii) the plant material concerned is CAC material.

References to variety of plant material N.I.

8.—(1) For the purposes of regulation 5(2)(b), plant material is marketed with a reference to its variety if—

(a) in the case of a variety of plant material that is the subject of an application for a grant of plant variety rights, the reference is to the breeder's reference or the proposed name of the variety;

(b) in the case of a variety that is registered as a variety, the reference is to its registered name; and

(c) in the case of a variety that is the subject of an application for such registration, the reference is to the breeder's reference or the proposed name of the variety.

(2) In this paragraph “breeder's reference” means the provisional identification given by a breeder to a developing variety before it acquires a name for national listing.

Certification of plant material N.I.

9.—(1) If the requirements of paragraph (2) are satisfied, the Department must—

(a) certify plant material produced in Northern Ireland as being—

(i) pre-basic material;

(ii) basic material; or

(iii) certified material;

(b) issue a certificate confirming certification (a crop inspection certificate).

(2) The requirements are that on official examination, the plant material has been found to comply with the requirements for certification set out in the relevant provisions of Schedule 5. and

(3) An application for certification of plant material produced in Northern Ireland must be made in writing to the Department and must be accompanied by such information as the Department may require.

(4) An official label issued in accordance with these Regulations in relation to certified plant material is sufficient evidence that the plant material to which the official label relates has been certified by the Department as pre-basic material, basic material or, as the case may be, certified material.

Labels, sealing and packaging certified plant material N.I.

10.—(1) Certified plant material must be labelled, sealed and packaged in accordance with this regulation and Part 1 of Schedule 2.

(2) Subject to paragraph (9), the Department must issue or approve a label (an “official label”) if that label meets the requirements in Part 1 of Schedule 2.

(3) But this regulation does not apply to the retail supply of certified plant material to a non-professional final consumer if that material is accompanied by appropriate product information.

(4) Subject to paragraphs (5) and (9), an official label must be affixed by the Department to—

(a) the certified plant material to which it relates; or

(b) where the certified material is marketed in a package, bundle or container, that package, bundle or container.

(5) Where certified plant material forms part of the same lot and is being marketed in the same package, bundle or container, a single official label may be affixed to that package, bundle or container.

F26 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) A supplier must not market certified plant material in lots of two or more plants or parts of plants unless those lots are sufficiently homogeneous and are properly packaged.

(8) For the purposes of paragraph (7), “properly packaged” means—

(a) the plants or parts of plants are in a package or container, or form part of a bundle;

(b) in the case of a package or container, it is sealed in a way that prevents the package or container from being opened without damaging the closure;

(c) in the case of a bundle, it is tied in such a way that the plants or parts of plants forming part of the bundle cannot be separated without damaging the tie or ties; and

(d) the package, container or bundle is labelled in such a way that a removal of the official label renders the label invalid.

(9) An official label may be issued and affixed by the supplier under the supervision of the Department.

Textual Amendments

F26 Reg. 10(6) omitted (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (S.R. 2019/230), reg. 1, Sch. 5 para. 5(4)

PART 3 N.I. Suppliers

Registration of suppliers N.I.

11.—(1) A supplier must be registered by the Department.

(2) But this regulation does not apply to suppliers who are only marketing plant material to non-professional final consumers.

(3) An application for registration must be made in writing to the Department and must be accompanied by the information referred to in regulation 13(1)(a) to (d) and such other information as the Department may require.

(4) The Department must register a supplier if satisfied that the person will comply with the provisions of these Regulations.

(5) The Department must inform the supplier—

(a) of the Department's decision under paragraph (4) within 28 days of making it;

(b) where the decision is to register the supplier, of their registration number;

(c) where the decision is to refuse to register the supplier, of the reasons for the refusal.

(6) A person who, immediately before the coming into operation of these Regulations, was registered for the purposes of regulation 7 of the Marketing of Fruit Plant Material Regulations 2010 M7 is registered for the purposes of this regulation.

(7) A person who is registered as a [F27 professional operator [F28 for the purposes of the EU Plant Health Regulation]] is registered for the purposes of this regulation.

(8) The Department may, by notice, modify a supplier's registration or revoke or suspend a registration number if satisfied that the registered person—

(a) has failed to comply with any provisions of these Regulations; or

(b) is no longer acting as a supplier.

(9) Unless the Department otherwise directs in writing, a revocation or suspension under this regulation has immediate effect on service of the notice and continues in effect unless the registration is reinstated.

Textual Amendments

F27 Words in reg. 11(7) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (S.R. 2019/230), reg. 1, Sch. 5 para. 5(5)

F28 Words in reg. 11(7) substituted (23.12.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 (S.R. 2020/293), regs. 1, 54(4)

Marginal Citations

M7 S.I. 2010/2079

Review N.I.

12.—(1) A supplier aggrieved by a decision of the Department not to register them under regulation 11(4) or to modify, revoke or suspend their registration under regulation 11(8) may, within 21 days of being notified of the decision, apply in writing to the Department for a review of the decision by a person appointed for the purpose by the Department.

(2) The appointed person must consider the application and any representations made by the Department, and within 21 days beginning with the day on which they receive the application, or representations (whichever is the later), report in writing with a recommended course of action to the Department.

(3) The Department must then make a final decision within 28 days of receipt of the report and notify the applicant, together with the reasons for the decision.

Register of suppliers N.I.

13.—(1) The Department must maintain a register of suppliers containing the following information—

(a) the name, address and contact details of the supplier;

(b) which of the following activity or activities relating to plant material the supplier is professionally involved in—

(i) reproduction;

(ii) production;

(iii) preserving;

(iv) treating;

(v) importing;

(vi) marketing;

(c) the main genera or species the supplier is involved in;

(d) the address of the premises where the activity or activities, as the case may be, is carried out;

(e) the supplier's registration number.

(2) A supplier must notify the Department of any change to the information referred to at paragraph (1)(a) to (d).

(3) The Department must make the register of suppliers available for inspection on request.

Supplier's duties: identification and monitoring during production process N.I.

14.—(1) During the production of plant material, a supplier must identify and monitor and have in place a plan to identify and monitor critical points in that process.

(2) The plan must include details on—

(a) the location and number of plants;

(b) the timing of cultivation;

(c) propagating operations;

(d) packaging, storage and transportation operations.

[F29 Suppliers: notification requirements N.I.

14A.— (1) A supplier must immediately report to an inspector—

(a) plant material that shows the presence of any RNPQ listed in Annex 1 or 2 to Directive 2014/98/EU;

(b) the presence in the soil of any RNQP listed in Annex 3 to Directive 2014/98/EU;

(c) the presence of any RNQP at the production site at a level greater than the tolerance specified for such organism in Annex 4 to Directive 2014/98/EU; or

(d) plant material that shows the presence of any pest listed in Annex 2 or 3, as amended from time to time, to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and of the Council, as regards protective measures against pests of plants.

(2) Where a supplier has reported to an inspector plant material referred to in paragraph (1)(d), the supplier must carry out any measures laid down by the inspector.]

Textual Amendments

F29 Reg. 14A inserted (31.12.2020) by The Marketing of Seed Potatoes, Plant and Propagating Material Regulations (Northern Ireland) 2020 (S.R. 2020/359), regs. 1, 5(3)

Supplier's duties: record keeping N.I.

15.—(1) A supplier must keep records of—

(a) any sales or purchases of plant material;

(b) all deliveries of plant material to and from the supplier's premises;

(c) any monitoring of critical points in the production of plant material;

(d) the composition and origin of any plant material of different origins mixed by the supplier during packaging, storage or transport or at delivery;

(e) all plant material under production on their premises;

(f) field inspections and sampling and testing undertaken in relation to plant material under their control;

(g) any occurrence on their premises of—

(i) any of the organisms or diseases referred to in F30 ... Annex I and in Annex II to Directive 2014/98/EU;

F31 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32 (iii) a plant pest of a description specified in Annex 2 or 3 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and of the Council, as regards protective measures against pests of plants;]

[F33 (iv) any RNQP listed in Annex 3 to Directive 2014/98/EU, where present in the soil; and

(v) any RNQP at a level greater than the tolerance specified for that RNQP in Annex 4 to Directive 2014/98/EU.]

(h) any measures taken in relation to such occurrences; and

(i) all monitoring undertaken for the purposes of regulation 14.

(2) The records referred to in this regulation must be kept for at least 3 years.

Textual Amendments

F30 Words in reg. 15(1)(g)(i) omitted (31.12.2020) by virtue of The Marketing of Seed Potatoes, Plant and Propagating Material Regulations (Northern Ireland) 2020 (S.R. 2020/359), regs. 1, 5(4)(a)

F31 Reg. 15(1)(g)(ii) omitted (31.12.2020) by virtue of The Marketing of Seed Potatoes, Plant and Propagating Material Regulations (Northern Ireland) 2020 (S.R. 2020/359), regs. 1, 5(4)(b)

F32 Reg. 15(1)(g)(iii) substituted (23.12.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 (S.R. 2020/293), regs. 1, 54(5)

F33 Reg. 15(1)(g)(iv)(v) inserted (31.12.2020) by The Marketing of Seed Potatoes, Plant and Propagating Material Regulations (Northern Ireland) 2020 (S.R. 2020/359), regs. 1, 5(4)(c)

PART 4 N.I. Variety register

Register of varieties N.I.

16.—(1) The Department must maintain and publish a register of varieties of plant material (“ the register”) registered in accordance with Schedule 3.

(2) The register must include—

(a) the denomination of the variety and synonyms;

(b) the species the variety belongs to;

(c) the indication ‘official description’ or ‘officially recognised description’, as appropriate;

(d) the date of registration or, where applicable, of renewal of the registration;

(e) the date of the end of validity of registration.

(3) In relation to each variety registered, the Department must also keep a file containing a description of the variety and a summary of all facts relevant to the registration of the variety.

(4) Schedule 4 makes provision about the registration of varieties of plant material produced in Northern Ireland.

PART 5 N.I. Enforcement

Powers of Entry N.I.

17.—(1) For the purposes of enforcing these Regulations, an inspector, on producing a duly authenticated authorisation, may enter any premises (except premises used wholly or mainly as a private dwelling house) at any reasonable hour by giving reasonable notice.

(2) But the requirement to give notice is not necessary—

(a) where reasonable efforts to agree an appointment have failed;

(b) where an inspector has reasonable suspicion of a failure to comply with these Regulations; or

(c) in an emergency.

(3) A lay magistrate may, by warrant, authorise an inspector to enter any premises, if necessary using reasonable force, if the lay magistrate is satisfied on complaint on oath—

(a) that there are reasonable grounds to enter the premises; and

(b) that any of the conditions in paragraph (4) are met.

(4) The conditions are—

(a) that entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;

(b) that asking for admission to the premises, or giving notice, would defeat the object of the entry;

(c) that entry is required urgently; or

(d) that the premises are unoccupied or the occupier is temporarily absent.

(5) A warrant is valid for 3 months.

(6) An inspector entering any premises may be accompanied by such other persons (up to a maximum of 4 persons) and such materials and equipment (including vehicles) as the inspector considers necessary for the purposes of this regulation.

(7) An inspector entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

Search and examination N.I.

18.—(1) Where an inspector enters any premises pursuant to regulation 17, the inspector may—

(a) open any package, bundle or container;

(b) carry out any searches, inspections, measurements and tests;

(c) take samples;

(d) have access to, and inspect any books, documents or records (in whatever form they are held) relating to these Regulations and removing them to enable them to be copied;

(e) photograph or copy anything the inspector may inspect under sub-paragraph (d);

(f) photograph anything which the inspector has reasonable cause to believe may be relevant in connection with the enforcement of these Regulations; and

(g) seize any computers and associated equipment for the purpose of copying documents provided that they are returned as soon as practicable.

(2) Any person who accompanies an inspector pursuant to regulation 17(6) may perform any of the inspector's functions under this regulation but only under the supervision of that inspector.

Information notice N.I.

19.  An inspector may, by notice served on any person require that person to provide such information as is specified in the notice in such form and within such period following service of the notice or at such time as is so specified.

Prohibition on movement N.I.

20.  An inspector may, by notice served on any person, prohibit that person from moving plant material from any premises where the inspector has reasonable grounds to suspect that the plant material fails to comply with the requirements of these Regulations.

Enforcement and prohibition notices N.I.

21.—(1) An inspector may serve a notice on any person who contravenes, or who the inspector has reasonable grounds to suspect may contravene, these Regulations—

(a) requiring that person to act in accordance with the Regulations (“an enforcement notice”); or

(b) prohibiting that person from acting in breach of them (“a prohibition notice”).

(2) The notice must give reasons for serving it and, if appropriate, specify what action must be taken and give time limits.

Appeals against enforcement notices etc. N.I.

22.—(1) Any person who is aggrieved by a decision of an inspector to serve a notice under this Part may appeal to a magistrates' court.

(2) The procedure on appeal to a magistrates' court is by way of notice and Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 M8 applies to the proceedings.

(3) The period within which an appeal must be brought is 28 days from the service of the notice or, in the case of an enforcement notice, the period specified in the notice, whichever ends earlier.

(4) A notice served under this Part must state—

(a) the right of appeal to a magistrates' court; and

(b) the period in which such an appeal may be brought.

(5) On an appeal under this regulation, the court may either cancel or affirm the notice and, if it affirms the notice, it may do so either in its original form or with such modifications as it thinks fit.

Marginal Citations

M8 1981/1675 (N.I. 26)

Compliance with notices N.I.

23.  A notice served under this Part must be complied with at the expense of the person on whom it is served and, if it is not complied with, an inspector may arrange for it to be complied with at the expense of that person.

Offences and penalties N.I.

24.—(1) It is an offence—

(a) to fail to comply with a notice served under—

(i) regulation 19 (information notice);

(ii) regulation 20 (prohibition on movement);

(iii) regulation 21(1)(a) (enforcement notice);

(iv) regulation 21(1)(b) (prohibition notice).

(b) to fail, without reasonable excuse, to give any assistance that any person acting in the execution of these Regulations may reasonably require for the performance of that person's functions under these Regulations.

(2) A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

PART 6 N.I. Administration and revocations

Notices etc. N.I.

25.  A notice or authorisation given under these Regulations—

(a) must be in writing;

(b) may be amended, suspended or revoked by notice; and

(c) may be subject to such conditions as the inspector considers necessary.

Arrangements for official measures N.I.

26.—(1) The Department may make such arrangements with any person (“A”) as the Department considers necessary or desirable for the purpose of enabling A to carry out official measures on the Department's behalf.

(2) But the Department must not make any arrangement under this regulation unless satisfied that the arrangement makes provision for the purpose of preventing any person from—

(a) deriving any private gain from any official measures carried out under the arrangement; and

(b) carrying out any official measures under the arrangement except under official supervision.

(3) The Department may include in any arrangement such conditions as the Department considers necessary or desirable for the purposes referred to in paragraphs (1) and (2), including conditions—

(a) specifying—

(i) the official measures that A must carry out;

(ii) the methods to be used in connection with the official measures that A carries out;

(iii) the fees that A may charge in relation to the official measures that A carries out;

(iv) the records that A must keep in connection with the official measures that A carries out;

(b) prohibiting A from—

(i) charging fees in relation to the official measures that A carries out under the arrangement except to the extent that these do not exceed the costs that A incurs in carrying them out;

(ii) carrying out the official measures except under official supervision;

(c) prohibiting A from making any further arrangement with any other person (“B”) for any purpose in connection with the carrying out of the official measures that A has arranged with the Department to carry out unless—

(i) the Department has approved all the conditions of the further arrangement and A has received the prior written approval of the Department to make the further arrangement;

(ii) the further arrangement includes a condition prohibiting B from making any subsequent arrangements for any purpose connected with the carrying out of the official measures in respect of which the Department made the arrangement with A;

(iii) the further arrangement includes an acknowledgement by A and B that the Department may vary, revoke or suspend the further arrangement if it appears to the Department that B is not complying, or has failed to comply, with any condition of the further arrangement; and

(iv) the further arrangement includes the conditions specified in sub-paragraphs (a) and (b) of this paragraph and for these purposes references in those sub-paragraphs to A are to be construed as references to B and references to “the arrangement” are to be construed as references to the further arrangement.

(4) The Department must not approve the making of any further arrangement under this regulation unless satisfied that B will not—

(a) derive any private gain from any official measures that B is to be authorised to carry out under the further arrangement;

(b) carry out any official measures under the further arrangement except under official supervision.

(5) The Department may, by written notice to A or B (as the case may be), vary, suspend or revoke an arrangement or further arrangement, or any conditions of an arrangement or further arrangement made under this regulation.

(6) A notice given under paragraph (5) must specify—

(a) in respect of a variation or revocation, the date from which the variation or revocation takes effect;

(b) in respect of a suspension, the period during which the suspension has effect.

(7) When a variation, revocation or suspension has effect, the Department may, for any purposes in relation to these Regulations, continue to have regard to such of the official measures carried out under an arrangement (or further arrangement) which was varied, revoked or suspended as appear to the Department to be official measures carried out in accordance with the provisions of these Regulations.

(8) In this regulation, “official measures” include official examinations, inspections, sampling and testing.

Transitional provisions [F34 for plant material from parent plant existing pre-commencement] N.I.

27.—(1) This regulation applies to plant material produced from a parent plant existing before 29th June 2017.

(2) Plant material to which this regulation applies may only be marketed if—

(a) the parent plant meets any certification or CAC requirements relevant to it under the Marketing of Fruit Plant Material Regulations 2010; and

(b) the supplier's document accompanying it, or the official label affixed to it (or, as the case may be, to the package, bundle or container in which the plant material is marketed), includes a reference to Article 32 of Directive 2014/98/EU.

(3) In this regulation—

“parent plant” means a pre-basic mother plant, a basic mother plant, a certified mother plant or CAC material;

(4) This regulation ceases to have effect on 31st December 2022.

Textual Amendments

F34 Words in reg. 27 heading inserted (23.12.2020) by The Marketing of Fruit Plant and Propagating Material (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/294), regs. 1, 2(2)

[F35 Transitional provision for official labels on exit day N.I.

27A.   For the purposes of regulation 10 and paragraph 4(a) of Schedule 2, an official label pre-printed before exit day containing the statement “EU Rules and Standards” may be used as an official label for plant material before the end of the period of two years beginning with the day after the day on which exit day falls.]

Textual Amendments

F35 Reg. 27A inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/211), regs. 1(1), 59; 2020 c. 1, Sch. 5 para. 1(1)

[F36 Transitional provision for supplier’s documents affixed to CAC material N.I.

27A.   A supplier may market CAC material to which a supplier’s document which does not comply with paragraph 6A of Schedule 2 is affixed in the form of a label if that document—

(a) is of a colour of supplier’s document that was in use before 1^st April 2020; and

(b) states that it is marketed in accordance with Article 3 of Commission Implementing Directive (EU) 2019/1813.

[F37 (2) This regulation ceases to have effect on 30th June 2021.]]

Textual Amendments

F36 Reg. 27A inserted (23.12.2020) by The Marketing of Fruit Plant and Propagating Material (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/294), regs. 1, 2(3)

F37 Reg. 27A(2) substituted (31.12.2020) by The Marketing of Seed Potatoes, Plant and Propagating Material Regulations (Northern Ireland) 2020 (S.R. 2020/359), regs. 1, 5(5)

Revocation N.I.

28.  The Marketing of Fruit Plant Material Regulations 2010 M9 are revoked.

Marginal Citations

M9 S.I. 2010/2079

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 28th June 2017.

L.S.

Malcolm Beatty

A senior officer of the

Department of Agriculture, Environment and Rural Affairs