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

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Regulation 2(1)

SCHEDULE 3CAC material

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Conditions for CAC material other than rootstocks not belonging to a variety

1.—(1) CAC material other than rootstocks not belonging to a variety may only be marketed if it fulfils the following conditions—

(a)it is propagated from an identified source of material recorded by the supplier;

(b)its trueness to the description of its variety is established and verified in accordance with paragraph 3;

(c)it is found by the supplier on visual inspection, or where there is doubt, by sampling and testing, to be substantially free from the pests listed in Tables IA, IB and II in schedule 6;

(d)in the case of CAC material belonging to the species Citrus L., Fortunella Swingle, or Poncirus Raf—

(i)it is produced from an identified source of material that has been found to be free, on sampling and testing, from the pests listed in Table II in schedule 6 for those species;

(ii)since the beginning of the last cycle of vegetation, it is found on visual inspection, sampling and testing, to be substantially free from the pests listed in Table II in schedule 6, as regards the species concerned; and

(e)on visual inspection, it is found to be practically free from defects including injuries, discolouration, scar tissue or dessication that affect the quality and usefulness of the plant as propagating material.

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

CAC material: rootstocks not belonging to a variety

2.—(1) CAC material consisting of rootstocks not belonging to a variety may only be marketed if it fulfils the following conditions—

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

(b)it is found by the supplier on visual inspection, or where there is doubt, by sampling and testing, to be substantially free from the pests listed in Tables IA, IB and II in schedule 6; and

(c)on visual inspection, it is found to be substantially free from defects including injuries, discolouration, scar tissue or dessication that affect the quality and usefulness of the plant as propagating material.

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

CAC material: trueness to the description of the variety

3.—(1) A supplier must establish and regularly verify the trueness of CAC material to the description of its variety in accordance with this paragraph.

(2) The trueness of certified material to the description of its variety must be established and verified by observation of the expression of the characteristics of the variety based on one of the following descriptions—

(a)its official description;

(b)the description accompanying the application to be a registered variety;

(c)the description accompanying the application for a grant of plant variety rights; or

(d)where the variety is registered with an officially recognised description, or subject to an application for registration with an officially recognised description, that description.

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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.

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