Search Legislation

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

Status:

This is the original version (as it was originally made).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

PART 3Suppliers

Registration of suppliers

11.—(1) A supplier must not market plant material unless registered as a supplier by the Welsh Ministers in accordance with this regulation.

(2) But paragraph (1) does not apply to suppliers who are only marketing plant material to non-professional final consumers.

(3) An application for registration must be made in writing to the Welsh Ministers and must be accompanied by such information as the Welsh Ministers may require.

(4) The Welsh Ministers must register a supplier if satisfied that person will comply with these Regulations.

(5) The Welsh Ministers must inform the supplier—

(a)of the Welsh Ministers’ decision under paragraph (4) within 28 days of making it; and

(b)where the decision is to register the supplier, of their registration number.

(6) A person who, immediately before the coming into force of these Regulations, was registered as a supplier in accordance with regulation 7 of the Marketing of Fruit Plant Material Regulations 2010(1) is registered for the purposes of this regulation.

(7) A person who is registered as a plant trader in accordance with Part 4 of the Plant Health (Wales) Order 2006(2) is registered for the purposes of this regulation.

(8) The Welsh Ministers may, by notice—

(a)modify a supplier’s registration; or

(b)revoke or suspend a supplier’s registration if satisfied the supplier—

(i)has failed to comply with any provision of these Regulations; or

(ii)is no longer acting as a supplier.

(9) Unless the Welsh Ministers otherwise direct, a revocation or suspension under paragraph (8)(b) has immediate effect and continues in effect unless the registration is reinstated.

Appeals

12.—(1) A supplier aggrieved by a decision of the Welsh Ministers not to register them under regulation 11(4) or to modify, revoke or suspend their registration under regulation 11(8) may, within 21 days of being notified of the decision, appeal against it to a person appointed for the purpose by the Welsh Ministers.

(2) The appointed person must consider the appeal and any representations made by the Welsh Ministers, and, within a period of 21 days beginning with the day on which they receive the appeal or representations (whichever is the later), report in writing with a recommended course of action to the Welsh Ministers.

(3) The Welsh Ministers must then make a final decision and notify the appellant, together with the reasons for that decision.

Register of suppliers

13.—(1) The Welsh Ministers must maintain a register of registered suppliers.

(2) The register must contain the following information—

(a)the name, address and contact details of the supplier;

(b)which of the activities listed in paragraph (3) the supplier is involved in;

(c)the genera or species concerned;

(d)the address of the premises where the activity is carried out;

(e)the supplier’s registration number.

(3) For the purposes of paragraph (2)(b), the activities are the reproduction, production, preserving, treating, importing or marketing of plant material.

(4) A supplier must notify the Welsh Ministers as soon as practicable of any change to the information required under paragraph (2)(a) to (d).

(5) The Welsh Ministers may publish the register, or any part of it, at the Welsh Ministers’ discretion.

Suppliers: plan to identify and monitor production process

14.—(1) A supplier involved in the production of plant material must have in place a plan to identify and monitor critical points in the production of that plant material.

(2) The plan must include details on—

(a)the location and number of plants;

(b)the timing of cultivation;

(c)propagating operations;

(d)packaging, storage and transportation operations.

Suppliers: record keeping

15.—(1) A supplier must keep records of—

(a)any sales or purchases of plant material;

(b)all deliveries of plant material to and from the supplier’s premises;

(c)any monitoring of critical points in the production of that plant material;

(d)the composition and origin of any plant material of different origins mixed by the supplier during packaging, storage or transport or at delivery;

(e)all plant material under production on their premises;

(f)field inspections and sampling and testing undertaken in relation to plant material under their control; and

(g)any occurrence on their premises of—

(i)any of the organisms or diseases listed in Part A of Annex I, and in Annex II, to Directive 2014/98/EU;

(ii)plant material that exceeds the tolerance levels in the relevant column of the table in Part B of Annex I to Directive 2014/98/EU; and

(iii)a harmful organism listed in the Annexes to Directive 2000/29/EC.

(2) The records referred to in this regulation must be kept for a minimum of 3 years.

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. The revised version is currently only available in English.

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

Original (As Enacted or Made) - Welsh:The original Welsh language 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

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