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.
[F1(3) The Department may authorise the marketing of plant material from any country outside the [F2United Kingdom] if satisfied that the plant material has been produced under conditions equivalent to the requirements in these Regulations for plant material.]
[F3(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
F1Reg. 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
F2Words 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))
F3Reg. 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)