The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

PART 1Introduction

1Citation, commencement and extent

2Interpretation: general

3Interpretation: EU instruments

3AMeasures adopted pursuant to Article 30(1) of the EU Plant Health Regulation

4Article 82 of the EU Plant Health Regulation: meaning of “close proximity”

PART 2Competent authorities

5Designation of competent authority

6Disclosure of information

PART 3Official Controls on controlled consignments from third countries and other official controls on goods from third countries

7Derogation to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013

8Suspicion of non-compliance

9Consignments not correctly presented for official controls

10Official measures in relation to non-compliant consignments or consignments which pose a risk to plant health

11Notices under regulation 8, 9 or 10

12Border control posts: authorisation of inspection centre and commercial storage facilities

13Transitional provision: approved places of inspection

PART 4Official activities to prevent the establishment or spread of plant pests

15Notices in relation to controlled plant pests or prohibited material

16Action which may be taken by a plant health inspector

17Establishment of demarcated areas and measures to be taken in those areas

PART 5Temporary national measures

18Temporary national measures

PART 6Registration, authorisations and certificates

19Applications for registration

20Other applications

21Authorisations for other purposes

22Authorisations granted by the Scottish Ministers

PART 7Measures relating to certain solanaceous species

23Specific measures relating to certain solanaceous species

PART 8Notification requirements

24Notification requirements in relation to seed potatoes

25Notification requirements in relation to citrus fruits

26Notification requirements in relation to other plants and plant products

27Notification requirements in relation to Tomato brown rugose fruit virus and Rose Rosette virus

PART 9General powers of inspectors and enforcement

28Interpretation

29Powers of entry

30Right of entry conferred by a warrant issued by a sheriff, a summary sheriff or a justice of the peace

31Information notices

32Failure to comply with a notice

32ARemoval of ISPM 15 mark from wood packaging material

32BMarking of wood packaging material: power of seizure

33Disclosure of information held by Revenue and Customs

PART 10General and supplemental provisions relating to notices

34Interpretation

35Miscellaneous provisions as to notices

36Service of notices

PART 11Offences

38Failure to comply with requirements of notices etc.

39Defence: reasonable excuse for failure to comply with requirements of notices etc.

40Provision of false or misleading information

41Improper use of ... plant passports , Northern Ireland plant health labels or certificates

42Obstruction etc.

43Defence: reasonable excuse for obstruction etc.

44Offence relating to the disclosure of information held by Revenue and Customs

45Defence: lawful disclosure of information held by Revenue and Customs

46Offences by bodies corporate, etc.

PART 12Miscellaneous

48Minor and consequential amendments

50Transitional provisions: licences under article 39(1) of the Forestry Order or article 41(1) of the 2005 Order

51Transitional provisions: other licences under the Forestry Order or the 2005 Order

52Transitional provisions: notices

53Transitional provisions: approvals granted under article 17(1) of the Forestry Order or article 17(1) of the 2005 Order

SCHEDULE 1Temporary national measures

PART 1Introduction

1Interpretation

PART 2Plants, plant products or other objects from third countries

2Temporary measures in relation to Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr

2ATemporary measures in relation to Candidatus Phytoplasma ulmi

2BTemporary measures in relation to Agrilus planipennis Fairmaire

2CException for controlled material in transit

PART 3Plants, plant products or other objects from another part of the Union territory

3Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory

4. . . . . . . . . ....

PART 4Official controls on consignments from third countries

5. . . . . . . . . ....

6Application of this Part

7Notification and presentation of schedule 1 consignments

8Consignments not correctly presented for official controls

9Official controls to be performed on schedule 1 consignments

10Completion of official controls

11Removal of schedule 1 consignments from border control posts of arrival

12Measures to be taken on non-compliant schedule 1 consignments

13Measures to be taken on schedule 1 consignments

14Notification of decisions to refuse the entry of a schedule 1 consignment into Scotland

15Notices under this Part

SCHEDULE 2Specific measures relating to certain solanaceous species

PART 1General interpretation

1In this schedule— “basic seed potatoes” has the meaning given...

PART 2General provisions relating to the planting of certain solanaceous species

2General restrictions on the planting of potatoes

3Special Measures

4Potato Cyst Nematode

5Official surveys

5AAn official survey conducted under this Part or Part 4...

6. . . . . . . . . ....

PART 3Measures for the control of Potato Wart Disease

7Interpretation

8Official measures relating to contaminated plots of land

9Prohibition on the planting of potatoes on contaminated plots

10Revocation of the demarcation of a contaminated plot

PART 4Measures for the control of European populations of Potato Cyst Nematode

11Standard sampling rate for official soil test

12Lower sampling rate for official soil test

13Official tests carried out before 1 July 2010

14Further reduction of standard and lower sampling rates

15Continued use of lower and reduced sampling rates

16Minimum size of soil sample

17Action following official soil test or official survey

18Notice that sampling unit is infested with Potato Cyst Nematode

19Sampling units infested with Potato Cyst Nematode: planting of potatoes not intended for production of seed potatoes

20Notice authorising planting of potatoes not intended for production of seed potatoes in sampling units infested with Potato Cyst Nematode

21Notice of contamination

22Prohibitions following issue of notice of contamination

23Notice of contamination: authorisation for movement of potatoes for industrial processing or grading

24Notices of infestation or contamination: revocation

25Further investigations

PART 5Potato Cyst Nematode - species to which controls apply

PART 6Measures for the control of Potato Ring Rot

26Interpretation

27Official surveys and testing

28Measures to be taken following the confirmation of the presence of Potato Ring Rot

29Restrictions in relation to specified plant material or objects contaminated or probably contaminated with Potato Ring Rot

30Contaminated place of production – notice (general)

31Contaminated place of production – notice in relation to any field also designated as contaminated

32Measures in relation to a contaminated place of production

33Contaminated place of production – notice in relation to fields other than those referred to in paragraph 31

34Contaminated place of production – notice and authorisation where unit of protected crop production also designated as contaminated

35Contaminated place of production – notice under paragraph 30 requiring cleansing and disinfecting

36Demarcated zone

PART 7Measures for the control of Ralstonia solanacearum (Smith) Yabuuchi et al.

37Interpretation

38Official surveys and testing

39Measures to be taken following the confirmation of the presence of R. solanacearum

40Restrictions in relation to specified plant material or objects contaminated or probably contaminated with R. solanacearum

41Contaminated place of production – notice (general)

42Contaminated place of production – notice in relation to any field also designated as contaminated

43Measures in relation to contaminated place of production

44Contaminated place of production – notice in relation to fields other than those referred to in paragraph 42

45Contaminated place of production – notice and authorisation where unit of protected crop production also designated as contaminated

46Contaminated place of production – notice under paragraph 41

47Demarcated zones

PART 8Measures relating to potatoes originating in Egypt

48(1) In this paragraph, “potatoes originating in Egypt” means any...

SCHEDULE 3Offences: relevant provisions in the Plant Health Regulation, Official Controls Regulation and other assimilated legislation

PART 1The ... Plant Health Regulation

PART 2The Official Controls Regulation

PART 3Other retained EU legislation

SCHEDULE 3AOffences: relevant offences in the Windsor Framework (Plant Health) Regulations 2023

SCHEDULE 4Offences: EU decisions relating to plant health

SCHEDULE 5Amendments to secondary legislation

PART 1The Marketing of Vegetable Plant Material Regulations 1995

1(1) The Marketing of Vegetable Plant Material Regulations 1995 are...

PART 2The Marketing of Ornamental Plant Propagating Material Regulations 1999

2(1) The Marketing of Ornamental Plant Propagating Materials Regulations 1999...

PART 3The Forest Reproductive Material (Great Britain) Regulations 2002

3(1) The Forest Reproductive Material (Great Britain) Regulations 2002 are...

PART 4The Potatoes Originating in Egypt (Scotland) Regulations 2004

4(1) The Potatoes Originating in Egypt (Scotland) Regulations 2004 are...

PART 5The Plant Health (Potatoes) (Scotland) Order 2006

5In the Plant Health (Potatoes) (Scotland) Order 2006 , in...

PART 6The Plant Health (Fees) (Scotland) Regulations 2008

6(1) The Plant Health (Fees) (Scotland) Regulations 2008 are amended...

PART 7The Waste Management Licensing (Scotland) Regulations 2011

7(1) The Waste Management Licensing (Scotland) Regulations 2011 are amended...

PART 8The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014

8(1) The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014...

PART 9The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

9(1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations...

PART 10The Seed Potatoes (Scotland) Regulations 2015

10(1) The Seed Potatoes (Scotland) Regulations 2015 are amended as...

PART 11The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

11(1) The Marketing of Fruit Plant and Propagating Material (Scotland)...

PART 12The Plant Health (Export Certification) (Scotland) Order 2018

12(1) The Plant Health (Export Certification) (Scotland) Order 2018 is...

SCHEDULE 6Revocation of instruments

2019 No. 421

Plant Health

The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

Madeat 11.15 a.m. on 11th December 2019

Laid before the Scottish Parliamentat 3.30 p.m. on 11th December 2019

Coming into force14th December 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) and paragraph 1A of schedule 2 of the European Communities Act 1972 M1 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for the references to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 and to the European Union instruments mentioned in regulation 3(1) to be references to those instruments as amended from time to time.