The Soft Fruit Plants (Scotland) Order 1991

Explanatory Note

(This note is not part of the Order)

This Order, which applies to Scotland only, revokes and supersedes the Sale of Strawberry Plants and Blackcurrant Bushes (Scotland) Order 1947. Article 3 prohibits the sale of strawberry plants, raspberry plants and blackcurrant bushes unless they are from stocks which have been certified to the effect that they have been inspected whilst growing and found to confirm to certain standards of purity and health or which have been approved by the Secretary of State.

Article 4 and Schedules 1 to 4 provide for the certification of strawberry plants, raspberry plants and blackcurrant bushes and article 5 provides for the withdrawal of certificates in certain circumstances. Article 6 prohibits the planting of raspberry plants unless they are certified or approved stock. Article 7 confers powers of entry and sampling on an inspector. Article 8 makes provision for the issue of licences by the Secretary of State to meet exceptional cases. Article 9 and Schedule 5 prescribe the fees to be paid by every person to whom a certificate is issued. Article 10 provides for the treatment or destruction of plants sold or planted in contravention of the Order. Articles 11 and 12 provide for certain miscellaneous and ancillary matters. Article 13 creates offences for failing to comply with the terms of the Order punishable on summary conviction with a fine not exceeding level 5 on the standard scale (currently £2,000).