The Plant Health (England) Order 2015 (revoked)

1Title, commencement, extent and application

2General interpretation

PART 2Imports from third countries

3Interpretation of Part 2

4Application of Part 2

5Prohibitions and restrictions on landing plant pests and relevant material

6Advance notification of landing

7Requirements for certificates

8Exceptions from certain prohibitions and requirements

9Presentation and display of documents

10Prohibition on the removal of relevant material from its area of plant health control

11Exceptions from the prohibition on the removal of relevant material from its area of plant health control

12Plant health discharge

13Request to an officer for Revenue and Customs for material to be detained

14Power of an officer for Revenue and Customs

15General provisions relating to certificates

16Requirements to be met by EU transit goods or relevant material destined for an approved place of inspection

17Approved places of inspection

18Requirements for plant health movement documents

PART 3Internal EU controls on movement

19Prohibitions on the introduction of plant pests and relevant material from the European Union

19ANotification of the landing of certain plants for planting

20Prevention of the spread of plant pests

21Requirements for plant passports

22Exceptions from certain prohibitions and requirements

23Validity of plant passports for England

24General provisions relating to plant passports

PART 4Registration of plant traders and authority to issue plant passports

25Register of plant traders

26Obligation to register

27Registration requirements

28Conditions for maintaining registration as a plant trader and other trade-related conditions

29Authority to issue plant passports

PART 5Swiss trade and Swiss plant passports

30Exceptions to the requirements in articles 6, 7 and 10

PART 6Measures to control the landing of relevant material and prevent the spread of plant pests

31Examination, sampling and marking

32Actions which may be required by an inspector

33Actions which may be taken by an inspector

34Miscellaneous provisions as to notices

35Service of notices

36Information as to compliance with notices

37Failure to comply with a notice

38Right of entry conferred by a warrant issued by a justice of the peace

PART 7Certain solanaceous species: planting and control of relevant plant pests

39Miscellaneous provisions for certain solanaceous species

40Licences to carry out activities prohibited by this Order

41Licences for trial or scientific purposes or for work on varietal selections permitted by Directive 2008/61/EC

PART 9Notifications, provision and exchange of information

42Notification of the presence or suspected presence of certain plant pests

43Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material

44Information to be given

45Power to share information for the purposes of the Order

PART 10Offences

PART 11Miscellaneous

48The Customs Act

49Revocation and transitional provisions

SCHEDULE 1Plant pests which may not be introduced into or spread within England

PART APlant pests not known to occur in any part of the European Union

PART BPlant pests known to occur in the European Union

PART CPlant pests which may not be introduced into a protected zone which is limited to part of England

SCHEDULE 2Relevant material which may not be introduced into or moved within England if that material is carrying or infected with plant pests

PART APlant pests not known to occur in the European Union

PART BPlant pests known to occur in the European Union

SCHEDULE 3Relevant material which may not be introduced into England if that material originates in certain third countries

SCHEDULE 4Restrictions on the introduction into and movement within England of relevant material

PART ARelevant material, originating in third countries, which may only be landed if special requirements are complied with

PART BRelevant material, from the European Union, which may only be introduced into or moved within England if special requirements are complied with

PART CRelevant material which may only be landed in or moved within England (as a protected zone) if special requirements are complied with

SCHEDULE 5Relevant material from a third country for which a phytosanitary certificate may be required

PART ARelevant material which may only be landed if accompanied by a phytosanitary certificate

1Plants, other than seeds, intended for planting.

2Seeds of— (a) Cruciferae, Gramineae or Trifolium spp., originating in...

3Parts of plants, other than fruit or seeds, of—

4Parts of plants, other than fruit but including seeds, of...

5Fruit of— (a) Citrus L., Fortunella Swingle, Poncirus Raf., Microcitrus...

6Tubers of Solanum tuberosum L.

7Soil or growing medium, which consists in whole or in...

8Growing medium, attached to or associated with plants, intended to...

8AMachinery or any vehicle, imported from any third country, which...

9Grain of the genera Triticum, Secale or X Triticosecale originating...

10Susceptible plants within the meaning of Article 1(2) of Decision...

11Susceptible plants within the meaning of Article 1(b) of Decision...

12Seeds or cones, intended for propagating, of the genera or...

13Live pollen of Actinidia Lindl.

13APlants, other than seeds, of Mangifera L. originating in India....

13BSpecified plants within the meaning of Article 1(b) of Decision...

14Parts of plants, including seeds, of Fraxinus L.

15Plants, other than seeds, of Rosa sp., originating in Canada,...Plants of Beta vulgaris L. intended for industrial processing.

PART BRelevant material which, if destined for certain protected zones, may only be landed if accompanied by a phytosanitary certificate

15Plants, other than seeds, of Rosa sp., originating in Canada,...Plants of Beta vulgaris L. intended for industrial processing.

16Soil from beet or unsterilized waste from beet (Beta vulgaris...

17Live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster...

18Parts of plants, other than fruit or seeds, of Amelanchier...

19Seeds of Castanea Mill., Dolichos Jacq., Magnifera spp., Beta vulgaris...

20Seeds or fruits (bolls) of Gossypium spp. or unginned cotton....

21Fruits of Vitis L.

22Parts of plants of Eucalyptus L’Hérit.

SCHEDULE 6Prohibitions on the introduction into or movement within England of relevant material without a plant passport

PART ARelevant material which may only be landed or moved within England if accompanied by a plant passport

1Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster...

2Plants, other than seeds, of Beta vulgaris L. or Humulus...

3Plants of stolon- or tuber-forming species of Solanum L., intended...

4Plants, other than fruit or seeds, of Choisya Kunth, Fortunella...

5Plants, other than fruit or seeds, of Citrus L.

6Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., with...

7The following plants which have been produced by producers whose...

8Susceptible plants within the meaning of Article 1(2) of Decision...

9Plants, other than seeds, intended for planting, of Viburnum spp.,...

10Susceptible plants within the meaning of Article 1(b) of Decision...

11Relevant material which may only be landed or moved within England if accompanied by a plant passport

12Specified plants within the meaning of Article 1(2) of Decision...

13Specified plants within the meaning of Article 1(a) of Decision...

14Tubers of Solanum tuberosum L., including those intended for planting,...

15Plants, other than seeds, intended for planting, which can only...

16Live pollen or plants intended for planting, other than seeds,...

16APre-basic mother plants as defined in Article 1(3) of Commission...

17Specified plants within the meaning of Article 1(c) of Decision...

17ASpecified plants within the meaning of Article 1(a) of Decision...

17BSpecified plants within the meaning of Article 1(b) of Decision...

18Plants of Fraxinus L., intended for planting.

PART BRelevant material which may only be landed or moved within England if accompanied by a plant passport which is valid for England as a protected zone

19Plants, other than seeds, of Cedrus Trew, Platanus L. ,...

20Plants, other than fruit, of Castanea Mill.

20APlant of Palmae , intended for planting, having a diameter...

20BPlants of Pinus L.

21Seeds of Castanea Mill.

22The following plants which have been produced by producers whose...

SCHEDULE 7Prohibitions on the consignment of relevant material to another part of the European Union without a plant passport

PART ARelevant material which may only be consigned to another part of the European Union if accompanied by a plant passport

1Plants, other than seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster...

2Plants, other than seeds, of Beta vulgaris L. or Humulus...

3Plants of stolon- or tuber-forming species of Solanum L., intended...

4Plants, other than fruit or seeds, of Choisya Kunth, Fortunella...

5Plants, other than fruit or seeds, of Citrus L.

6Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., with leaves...

7The following plants which have been produced by producers whose...

8Susceptible plants within the meaning of Article 1(2) of Decision...

9Plants, other than seeds, intended for planting, of Viburnum spp.,...

10Susceptible plants within the meaning of Article 1(b) of Decision...

11Relevant material which may only be consigned to another part of the European Union if accompanied by a plant passport

12Specifed plants within the meaning of Article 1(2) of Decision...

13Specified plants within the meaning of Article 1(a) of Decision...

14Tubers of Solanum tuberosum L., including those intended for planting,...

15Plants, other than seeds, intended for planting which can only...

16Live pollen or plants intended for planting, other than seeds,...

16APre-basic mother plants as defined in Article 1(3) of Commission...

17Specified plants within the meaning of Article 1(c) of Decision...

17ASpecified plants within the meaning of Article 1(a) of Decision...

17BSpecified plants within the meaning of Article 1(b) of Decision...

18Plants of Fraxinus L., intended for planting.

PART BRelevant material which may only be consigned to a protected zone in another part of the European Union by a plant passport which is valid for that protected zone

19Plants of Abies Mill., Larix Mill., Picea A. Dietr., Pinus...

20Plants, other than seeds, of Beta vulgaris L., Cedrus Trew,...

21Plants, other than fruit or seeds, of Amelanchier Med., Castanea...

21APlant of Palmae , intended for planting, having a diameter...

22Live pollen for pollination of Amelanchier Med., Chaenomeles Lindl., Cotoneaster...

23Tubers of Solanum tuberosum L. intended for planting.

24Plants of Beta vulgaris L. intended for industrial processing.

25Soil from beet or unsterilized waste from beet (Beta vulgaris...

26Seeds of Beta vulgaris L., Castanea Mill., Dolichos Jacq., Gossypium...

27Fruits (bolls) of Gossypium spp. or unginned cotton or fruits...

28The following plants which have been produced by producers whose...

SCHEDULE 8Swiss plant passports

PART ARelevant material originating in Switzerland which may be landed or moved within England if accompanied by a Swiss plant passport

1Plants, other than seeds, of Amelanchier Med., Beta vulgaris L.,...

2Plants, other than fruit or seeds, but including live pollen...

3Plants of stoloniferous or tuberous species of Solanum L. intended...

4Plants, other than fruit or seeds, of Citrus L., Fortunella...

4AFruits of Citrus L., Fortunella Swingle, Poncirus Raf., with leaves...

5The following plants which have been produced by producers whose...

PART BRelevant material imported into Switzerland from another third country which, if it would normally be permitted to be landed in England if accompanied by a phytosanitary certificate, may be accompanied by a Swiss plant passport or may be landed without phytosanitary documentation

6Plants, other than seeds, intended for planting ....

7Seeds of Cruciferae, Gramineae ... or Trifolium spp. originating in...

8Seeds of Allium ascalonicum L., Allium cepa L., Allium porrum...

8ASeeds of Citrus L., Fortunella Swingle or Poncirus Raf.

9Seeds of Triticum, Secale or X Triticosecale, originating in Afghanistan,...

10Parts of plants, other than fruit or seeds, of—

10AParts of plants, other than fruit but including seeds, of...

11Fruit of— (a) Citrus L., Fortunella Swingle, Poncirus Raf., Momordica...

12Tubers of Solanum tuberosum L....

13Soil or growing medium, which consists in whole or in...

14Soil or growing medium which is attached to or appears...

15Grain of the genera Triticum, Secale or XTriticosecale, originating in...

SCHEDULE 9Requirements for plant passports

PART ARequirements for plant passports for any relevant material in Schedule 6 or 7

1A plant passport may only be issued in respect of...

2A plant passport must comprise— (a) an official label containing...

3But where the plant passport relates to any relevant material...

4The plant passport details are— (a) the title “EU-plant passport”;...

5An official label must— (a) not have been previously used;...

6(1) The information contained in a plant passport must be—...

7An additional document of a kind referred to in paragraph...

8The additional information is any information relevant for the purpose...

PART BRequirements for plant passports permitted for certain relevant material in Schedule 6 or 7

9An official label which comprises a plant passport or part...

10An official label in respect of tubers of Solanum tuberosum...

11An official label in respect of seeds of Helianthus annuus...

12An official label in respect of seeds of Solanum lycopersicum...

13An official label in respect of seeds of Medicago sativa...

SCHEDULE 10Form of phytosanitary certificate and form of phytosanitary certificate for re-export

PART AForm of phytosanitary certificate

PART BForm of phytosanitary certificate for re-export

SCHEDULE 11Notice of landing

SCHEDULE 12Plant health movement document

1The plant health movement document required under article 18 must...

2The information contained in a plant health movement document must...

3In Part B, “approved place of inspection” has the same...

SCHEDULE 13Special measures for the control of Potato wart disease

1A plot is to be regarded as contaminated for the...

2An inspector must demarcate a contaminated plot and a safety...

3An inspector must serve a notice under article 32 requiring...

4Where an inspector is satisfied that any potato tubers or...

5Where a contaminated plot is demarcated under paragraph 2—

6No potatoes may be grown in a safety zone demarcated...

7A potato variety is to be considered resistant to a...

8Where an inspector is satisfied that Potato wart disease is...

SCHEDULE 14Special measures for the control of European populations of Potato cyst nematode

1Interpretation and application of Schedule 14

2In this Schedule— “field” means an area which has been...

2AOfficial investigations and surveys

2BOfficial records

2CWhere the officially approved measures set out in Section 3(C)...

4The notice may not be withdrawn until it is confirmed,...

4AOfficial designation

5Prohibition on planting of potatoes

6An inspector may authorise the planting of susceptible bulbs or...

7An authorisation under paragraph 6 must be by notice and...

8Suppression of Potato cyst nematode

8AAn authorisation under paragraph 8 must be by notice and...

9Controls on contaminated seed potatoes etc.

10An authorisation under paragraph 9 must be by notice and...

10AControls on potatoes for industrial processing or grading

10BAn authorisation under paragraph 10A must be by notice and...

11Controls on contaminated bulbs etc.

12An authorisation under paragraph 11 must be by notice and...

13Further investigations

SCHEDULE 15Special measures for the control of Potato ring rot

1Interpretation

1AOfficial surveys and testing

1BWhere the presence of Potato ring rot in susceptible material...

1CA notice may contain measures for the purposes of paragraph...

1DMeasures to be taken following the confirmation of the presence of Potato ring rot

1EWhere susceptible material has been designated as contaminated under paragraph...

1FAny such testing must be carried out on as much...

1GAny designation by an inspector under this Part must be...

1HWhere any susceptible material or object is determined by an...

2Susceptible material or objects contaminated or possibly contaminated with Potato ring rot

3Where susceptible material or an object has been designated as...

4Anything cleansed and disinfected in accordance with paragraph 3(c)(ii) may...

5Measures ... in relation to a contaminated place of production

6The first set of eradication measures are—

7The second set of eradication measures are—

8The third set of eradication measures are—

9Except where the Secretary of State has published a notice...

10The measures which may be specified in a notice under...

10AWhere an inspector serves a notice containing the first set...

11Additional measures applicable in relation to unit of protected crop production

12An inspector may not grant an authorisation under paragraph 11...

13Where an authorisation is granted under paragraph 11, the authorisation...

14Demarcation of zones for the control of Potato ring rot

15The Secretary of State may, by notice, specify—

16A notice under paragraph 15— (a) must be in writing;...

17Any premises which are partly within and partly outside a...

18A notice published in accordance with paragraph 16 is to...

19A notice under paragraph 15 must specify that—

20The Secretary of State must ensure that during the specified...

21For the purposes of paragraphs 19 and 20, the “specified...

SCHEDULE 16Potato brown rot

1Interpretation

PART ASpecial measures for the control of Potato brown rot

1AOfficial surveys and testing

1BWhere the presence of Potato brown rot is suspected, the...

1CA notice may contain measures for the purposes of paragraph...

1DMeasures to be taken following confirmation of the presence of Potato brown rot

1EIn the case of susceptible material, the actions are—

1FIn the case of host plants, other than susceptible material,...

1GIn the case of surface water and associated wild solanaceous...

2Susceptible material or objects contaminated or possibly contaminated with Potato brown rot

3Where susceptible material or any object has been designated as...

4Anything cleansed and disinfected in accordance with paragraph 3(c)(ii) may...

5Measures which may be required in relation to a contaminated place of production

6The first set of eradication measures are—

7The second set of eradication measures are—

8The third set of eradication measures are—

9Except where the Secretary of State has published a notice...

10The measures which may be specified in a notice under...

11Additional measures applicable in relation to units of protected crop production

12An inspector may not grant an authorisation under paragraph 11...

13An authorisation under paragraph 11 may— (a) in relation to...

PART DDemarcation of zones for the control of Potato brown rot

14This Part applies where an inspector has demarcated a zone...

15The Secretary of State may, by notice, specify—

16A notice under paragraph 15— (a) must be in writing;...

17Any premises which are partly within and partly outside a...

18A notice published in accordance with paragraph 16 is to...

19A notice under paragraph 15 must specify that—

20The Secretary of State may only specify—

21The Secretary of State must ensure that during the specified...

22For the purposes of paragraphs 19 and 21, the “specified...

SCHEDULE 17Notification requirements

1Live organisms of the animal kingdom

2Ditylenchus dipsaci (Kühn) Filipjev – Stem nematode.

3Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens –...

5Clavibacter michiganensis subspecies michiganensis (Smith) Davis et al. (syn. Corynebacterium...

6Erwinia amylovora (Burr.) Winslow et al., the cause of Fire...

7Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey – Slow wilt of...

8Xanthomonas campestris pv. vesicatoria (Diodge) Dye – Tomato bacterial spot....

10Phialophora cinerescens (Wollenweber) Van Beyma – a carnation wilt.

11Puccinia horiana P. Henn. – Chrysanthemum white rust.

12Verticillium albo-atrum Reinke and Berth – Verticillium wilt disease.

13Verticillium dahliae Klebahn – Verticillium wilt of hops.

14Viruses and virus-like pathogens

15Chrysanthemum stunt viroid.

16Plum pox virus.

17Raspberry ringspot virus.

18Strawberry crinkle virus.

19Strawberry latent ringspot virus.

20Strawberry mild yellow edge virus.

21Tomato black ring virus.

22Tomato spotted wilt virus.

SCHEDULE 18Revocation of Orders

2015 No. 610

Plant Health, England

The Plant Health (England) Order 2015 (revoked)F1

Made4th March 2015

Laid before Parliament10th March 2015

Coming into force1st July 2015

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .