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

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Labelling, sealing and packaging

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8.—(1) For the purpose of regulation 5(1)(g), pre-basic material, basic material or, as the case may be, certified material must be labelled, sealed and packaged in accordance with this regulation and schedule 5.

(2) Subject to paragraph (3), in relation to pre-basic material, basic material and certified material an official label must be affixed—

(a)to the plant or part of a plant being marketed; or

(b)if it is marketed in a package, bundle or container, to that package, bundle or container.

(3) Where a lot of pre-basic material, basic material or certified material is being marketed in the same package, bundle or container, a single official label may be affixed to that package, bundle or container.

(4) An official label must be affixed in such a way that its removal would render it invalid.

(5) Where pre-basic material, basic material or certified material is accompanied by a plant passport issued in accordance with Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), that plant passport may constitute the official label if it contains the information in paragraph 4 of schedule 5.

(6) A supplier may only market pre-basic material, basic material or certified material consisting of two or more lots of plants or parts of plants if those plants, or parts of plants, are in a package or container or form part of a bundle and—

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

(b)in the case of a bundle, it is tied in a way that prevents the plants or parts of plants from being separated without damage to the tie or ties.

(1)

OJ L 169, 10.7.2000, p.1, repealed subject to savings by Regulation (EU) 2016/2031 (OJ L 317, 23.11.2016, p.4).

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