Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 4Certified material

Requirements for certification as certified material

21.—(1) Propagating material other than mother plants or a fruit plant may be officially certified as certified 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 certified mother plant;

(b)the certified mother plant mentioned in head (a) has been grown from pre-basic material or basic material;

(c)the certified mother plant mentioned in head (a) complies with the requirements in paragraph 24;

(d)it complies with the requirements in—

(i)paragraph 7;

(ii)paragraph 8(5); and

(iii)paragraph 12;

(e)it complies with the requirements in paragraph 23; and

(f)it complies with the requirements in paragraph 24.

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

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

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

Rootstocks not belonging to a variety

22.—(1) A rootstock which does not belong to a variety may be officially certified as certified 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(5); and

(ii)paragraph 12; and

(c)it complies with the requirements in paragraphs 23 and 24.

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

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

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

Health requirements for certified mother plants and certified material

23.—(1) Subject to sub-paragraph (2), a certified mother plant or certified 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 certified mother plant or certified material.

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

(3) The percentage of certified mother plants or certified 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(c) of that Table (certified category) and, if there are doubts concerning the presence of those pests, there must be sampling and testing of the relevant certified mother plant or certified 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 certified mother plants and certified material within those genera and species must be carried out in accordance with the requirements set out for the certified 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

24.—(1) Subject to sub-paragraphs (2) and (3), certified mother plants must only be grown in soil which is found, on the basis of sampling and testing carried out prior to the planting of such mother plants, 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 any of 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 certified mother plants 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 certified mother plant 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 certified mother plants concerned.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources