http://www.legislation.gov.uk/ssi/2017/177/contentsThe Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017texttext/xmlenStatute Law DatabasePLANT HEALTHSEEDS2026-02-24Expert Participation2025-10-07 These Regulations, which apply in Scotland, continue to implement Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ No L 267, 8.10.2008, p.8). They also implement—Commission Implementing Directive 2014/96/EU on the requirements for the labelling, sealing and packaging of fruit plant propagating material and fruit plants intended for fruit production, falling within the scope of Council Directive 2008/90/EC (OJ L 298, 16.10.2014, p.12);Commission Implementing Directive 2014/97/EU implementing Council Directive 2008/90/EC as regards the registration of suppliers and of varieties and the common list of varieties (OJ L 298, 16.10.2014, p.16);Commission Implementing Directive 2014/98/EU implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections (OJ No L, 298, 16.10.2014, p.22). The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017reg. 2(1)The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019reg. 18(2)(b)reg. 1(1)(b)The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017reg. 8(5)The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019reg. 18(4)reg. 1(1)(b)The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017Sch. 5 para. 6(b)(viii)The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019reg. 18(8)(c)(iii)reg. 1(1)(b) The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017PART 1Introduction1Citation, commencement and extent2Interpretation3Application of these Regulations4Marketing of plant materials for trials etc.PART 2Marketing of plant material5General requirements for marketing of plant material6Exemptions in relation to retail supply7Varieties which may be marketed8Labelling, sealing and packaging9Accompanying documentPART 3Suppliers10Registration of suppliers11The register of suppliers12Revocation of registration etc.13Appeals14Supplier's duties – identification and monitoring during production15Supplier's duties – removal of non-compliant materials and notification of disease16Supplier's duties – separation of plant materials17Supplier's duties - record keepingPART 4Enforcement and administration etc.18Inspectors19Notices20Offences and penalties21Offences by bodies corporate, Scottish partnerships and unincorporated associations22Arrangements for official measuresPART 5General23Transitional provision23ATransitional provision for official labels on IP completion day23ZATransitional provisions for supplier’s documents affixed to CAC material24RevocationSCHEDULE 1Genera and Species to which these Regulations applySCHEDULE 2Certification requirementsPART 1General1Interpretation2Provisions on official inspectionsPART 2Pre-basic material3Pre-basic material (other than mother plants and rootstocks not belonging to a variety)4Rootstocks not belonging to a variety5Acceptance of plants as pre-basic mother plants6Acceptance of rootstocks not belonging to a variety as a pre-basic mother plant7Verification of trueness to the description of variety8Maintenance of pre-basic mother plants and pre-basic material9Health requirements for candidate pre-basic mother plants and for pre-basic mother plants produced by renewal10Health requirements for pre-basic mother plants and for pre-basic material11Soil requirements for pre-basic mother plants and pre-basic material 12Defects13Requirements concerning multiplication, renewal and propagation of pre-basic mother plants14Requirements concerning multiplication, renewal and propagation by micropropagation of pre-basic mother plantsPART 3Basic material15Requirements for the certification of basic material16Rootstocks not belonging to a variety17Health requirements for basic mother plants and basic material18Soil requirements for basic mother plants and basic material 19Requirements concerning the maintenance of basic mother plants and basic material20Conditions for multiplication and multiplication by micropropagation of basic mother plantsPART 4Certified material21Requirements for certification as certified material22Rootstocks not belonging to a variety23Health requirements for certified mother plants and certified material24Soil requirements for certified mother plants and certified material PART 5Requirements with regard to the production site, place of production or area25Requirements with regard to the production site, place of production or areaSCHEDULE 3CAC material1Conditions for CAC material other than rootstocks not belonging to a variety2CAC material: rootstocks not belonging to a variety3CAC material: trueness to the description of the variety4Requirements with regard to the production site, place of production or areaSCHEDULE 4Registration of varieties1Interpretation2Register of varieties3Registration4Application for registration with an official description5Growing trials6Duration and renewal of acceptance7Removal from register8Additional requirements for products to be used as genetically modified food or feed9Distinctness10Uniformity11StabilitySCHEDULE 5Official labels, supplier's documents and accompanying documentsPART 1Official labels1An official label used in relation to pre-basic material must...2An official label used in relation to basic material must...3An official label used in relation to certified material must...4An official label must— (a) contain the statement “UK rules...5The information and particulars required on an official label must...PART 2Supplier's documents for CAC material6A supplier's document for CAC material must— 6AWhere it is affixed to the CAC material in the...7The information and particulars required in a supplier's document must...PART 3Accompanying documents8An accompanying document must— (a) contain the information listed in...SCHEDULE 6RNQPs for the presence of which visual inspection and, where there are doubts, sampling and testing are requiredSCHEDULE 6ARNQPs for the presence of which visual inspection and, where applicable, sampling and testing are requiredSCHEDULE 6BRNQPs the presence of which in soil is regulatedSCHEDULE 7Visual inspections, sampling and testing per genus or species and category1In this schedule, “Commission Implementing Decision 2017/925” means Commission Implementing...2Propagating material must comply with— (a) the requirements concerning GB...SCHEDULE 8Powers of inspectors1Powers of entry etc.2Information notice3Prohibition on movement4Enforcement and prohibition notices5Appeals against enforcement and prohibition notices6Compliance with notices2017 No. 177Made30th May 2017Laid before the Scottish Parliament1st June 2017Coming into force1st July 2017The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and all other powers enabling them to do so.1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), so far as they are exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.Regulations: power to amend conferred (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 22(1) (with reg. 22(2))