The Plant Health (Scotland) Amendment Order 2016

Amendment of Part 4

6.  After article 28 (conditions for maintaining registration as a plant trader) insert—

“Duties of professional operators in relation to Xylella fastidiosa (Wells et al.)

28A.— (1) Paragraphs (2) and (3) apply to any plants specified in relation to Xylella fastidiosa (Wells et al.) which have been grown for at least part of their lives in an area demarcated under a legislative or administrative procedure in an EU member State in accordance with Article 4 of Decision (EU) 2015/789.

(2) A professional operator who supplies plants to which this paragraph applies must—

(a) keep a record of each lot supplied and the name of the professional operator to whom it was supplied, for a period of 3 years beginning with the date on which the lot was supplied; and

(b) immediately following the dispatch of a lot, notify the Scottish Ministers in writing of the matters mentioned in paragraph (4).

(3) A professional operator who is supplied with plants to which this paragraph applies must—

(a) keep a record of each lot received and the name of the professional operator who supplied it, for a period of 3 years beginning with the date on which the lot was supplied; and

(b) immediately following the receipt of a lot, notify the Scottish Ministers in writing of the matters mentioned in paragraph (4).

(4) The matters in relation to the lot concerned are—

(a) its origin;

(b) the consigner;

(c) the consignee;

(d) the place of destination;

(e) the individual serial, week or batch number of the plant passport;

(f) the invoice number or delivery note; and

(g) the quantity of plants within the lot.

(5) In this article “professional operator” has the meaning given to it by Article 1(d) of Decision (EU) 2015/789.”.