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

PART 3 Basic material

Requirements for the certification of basic material

15.—(1) Propagating material other than basic mother plants or rootstocks which do not belong to a variety may be officially certified as basic material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a) it has been propagated from a basic mother plant;

(b) the basic mother plant mentioned in head (a)—

(i) has been grown from pre-basic material; or

(ii) has been produced by multiplication from a basic mother plant, in accordance with paragraph 20;

(c) it complies with the requirements in paragraphs 7, 8(5) and 12;

(d) it complies with the requirements in paragraph 8(3)(c);

(e) it complies with the requirements in paragraph 17;

(f) it complies with the requirements in paragraph 18;

(g) it is maintained in accordance with paragraph 19; and

(h) there has been compliance with the requirements concerning multiplication and multiplication by micropropagation in paragraph 20.

(2) For the purposes of sub-paragraph (1)(c) references in paragraphs 7, 8(5) and 12 to—

(a) pre-basic mother plants may be construed as references to basic mother plants; and

(b) pre-basic material may be construed as references to basic material.

Rootstocks not belonging to a variety

16.—(1) A rootstock which does not belong to a variety may be officially certified as basic material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a) it is true to the description of its species;

(b) it complies with the requirements in—

(i) paragraph 8(3)(c);

(ii) paragraph 8(5);

(iii) paragraph 12;

(iv) paragraph 17;

(v) paragraph 18;

(vi) paragraph 19; and

(vii) paragraph 20.

(2) For the purposes of sub-paragraph (1)(b)(i), (ii) and (iii), references in paragraphs 8(3)(c) and (5) and 12 to—

(a) pre-basic mother plants, may be construed as references to basic mother plants; and

(b) pre-basic material, may be construed as references to basic material.

Health requirements for basic mother plants and basic material

17.—(1) Subject to sub-paragraph (2), a basic mother plant or basic material must be found free, on the basis of visual inspections of the facilities, fields and lots, of the pests listed in Table IA and Table II in schedule 6 in relation to the particular genus or species concerned and, if there are doubts concerning the presence of those pests, there must be sampling and testing of the basic mother plant or basic material.

(2) The visual inspections mentioned in sub-paragraph (1) may not be conducted during cryopreservation.

(3) The percentage of basic mother plants or basic material which is found, on visual inspection of the facilities, fields and lots, to be infested by the pests listed in column 1 of Table IB in schedule 6, must not exceed the tolerance level set out in respect of those pests in column 2(b) of that Table (basic category) and, if there are doubts concerning the presence of those pests, there must be sampling and testing of the relevant basic mother plant or basic material.

(4) In relation to the genera and species listed in column 1 of the Table in schedule 7 the visual inspection and sampling and testing of basic mother plants and basic material within those genera and species must be carried out in accordance with the requirements set out for the basic category in columns 3 (visual inspections) and 4 (sampling and testing) of that Table.

(5) Without prejudice to sub-paragraph (3), in this paragraph a reference to “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a) in accordance with the appropriate EPPO protocol; and

(b) through submission of samples to laboratories officially accepted by the Scottish Ministers for the purposes of such sampling and testing.

Soil requirements

18.—(1) Subject to sub-paragraphs (2) and (3), basic mother plants and basic material must only be grown in soil which is found, on the basis of sampling and testing carried out prior to the planting of such plants and material, to be free from any pest listed in Table III in schedule 6 for the genus or species concerned and which may host viruses affecting that genus or species.

(2) Sampling and testing is not required under sub-paragraph (1) if—

(a) there have been no plants which are hosts for the pests listed in Table III in schedule 6 grown in the relevant soil for a period of at least 5 years prior to the planting of the basic mother plants and basic material mentioned in sub-paragraph (1) and where there is no doubt concerning the absence of the relevant pests in the soil; or

(b) an official inspection is carried out which concludes that the soil is free from any of the pests listed in Table III in schedule 6 for the genus or species concerned and which is host to viruses affecting that genus or species.

(3) Sampling and testing of the soil must be carried out during the growing period of the basic mother plant or basic material mentioned in sub-paragraph (1) where there is suspicion concerning the presence of the pests mentioned in that sub-paragraph.

(4) In this paragraph, “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a) in accordance with the appropriate EPPO protocol; and

(b) taking into account the climatic conditions and the biology of the pests listed in Table III in schedule 6 and their relevance to the basic mother plants or basic material concerned.

Requirements concerning the maintenance of basic mother plants and basic material

19.—(1) Basic mother plants and basic material must be maintained in fields isolated from potential sources of infection by aerial vectors, root contact, cross infection by machinery or grafting tools and from any other possible sources.

(2) An inspector may determine the distance at which the fields mentioned in sub-paragraph (1) must be isolated from potential sources of infection as mentioned in sub-paragraph (1), having regard to regional circumstances, the type of propagating material, the presence of pests in the area concerned and the relevant risks which are involved.

(3) Basic mother plants and basic material must be maintained in a manner that ensures that they are individually identified throughout the production process.

Conditions for multiplication and multiplication by micropropagation of basic mother plants

20.—(1) Subject to sub-paragraphs (2) to (5), a basic mother plant mentioned in paragraph 15(1)(b)(i) may be multiplied or multiplied by micropropagation in order to produce the necessary number of basic mother plants.

(2) The multiplication or multiplication by micropropagation mentioned in sub-paragraph (1) must be carried out in accordance with the appropriate EPPO protocol, provided that such protocol has been tested on the relevant genus or species for a period of time considered sufficient to allow phenotype validation of the plants as regards the trueness to the description of the variety based on the observation of the fruit production or of the vegetative development of rootstocks.

(3) In relation to the multiplication, or multiplication by micropropagation, of a basic mother plant of a particular genus or species listed in column 1 of the Table in sub-paragraph (5), the basic mother plant—

(a) may be multiplied for the maximum number of generations prescribed for that genus or species in the corresponding entry in column 2 of that Table; and

(b) may not be maintained as a basic mother plant beyond any period which may be prescribed in the corresponding entry in column 3 of that Table.

(4) Where rootstocks are part of the basic mother plant, the rootstock must be basic material of the first generation.

(5) Where, in respect of a particular genus or species listed in column 1 of the Table in this sub-paragraph, multiple generations of basic mother plants are prescribed in column 2 of that Table, each generation of basic mother plant, other than the first one, may derive from any previous generation.

Table of maximum permitted number of generations in the field under non-insect proof conditions and maximum permitted life span of basic mother plants per genera or species.

Column 1 Genera or species	Column 2 Maximum number of generations	Column 3 Maximum permitted life span
Castanea sativa Mill.	2 generations; or if the basic mother plant is a rootstock, 3 generations
Citrus L,. Fortunella Swingle and Poncirus Raf.	1 generation; or if the basic mother plant is a rootstock, 3 generations
Corylus avellana L.	2 generations
Cydonia oblonga Mill., Malus Mill. and Pyrus L.	2 generations; or if the basic mother plant is a rootstock, 3 generations
Ficus carica L.	2 generations
Fragaria L.	5 generations
Juglans regia L.	2 generations
Olea europaea L.	1 generation
Prunus amygdalus, P. armeniaca, P. domestica, P. persica and P. salicina	2 generations; or if the basic mother plant is a rootstock, 3 generations
Prunus avium and P. cerasus	2 generations; or if the basic mother plant is a rootstock, 3 generations
Ribes L.	3 generations	6 years
Rubus L.	2 generations	4 years
Vaccinium L.	2 generations