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The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017
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The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017, Paragraph 4 is up to date with all changes known to be in force on or before 04 August 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Schedule 5 Paragraph 4:
- Sch. 2 para. 8(b)(xii) inserted by S.I. 2025/812 reg. 6
- Sch. 5 para. 4(2)(b) word substituted by S.I. 2025/812 reg. 7
- Sch. 6 inserted by S.I. 2025/812 Sch.
- reg. 3(3) inserted by S.I. 2025/812 reg. 4(2)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 2 para. 8(b)(xii) inserted by S.I. 2025/812 reg. 6
- Sch. 6 inserted by S.I. 2025/812 Sch.
- reg. 3(3) inserted by S.I. 2025/812 reg. 4(2)
Rootstocks not belonging to a varietyE+W
This section has no associated Explanatory Memorandum
4.—(1) A rootstock not belonging to a variety may be certified as pre-basic material if it meets the requirements in sub-paragraph (2).
(2) The requirements are that the rootstock—
(a)is directly propagated from a mother plant—
(i)by vegetative or sexual propagation, and in the case of sexual propagation, by pollinating trees (pollenisers) that are directly produced by vegetative propagation from a mother plant;
(ii)accepted in accordance with paragraph 5;
(iii)obtained by multiplication or micropropagation in accordance with paragraph 13;
(b)has been verified by an inspector as being true to the description of its variety in accordance with paragraph 7;
(c)has been maintained in accordance with paragraph 8;
(d)complies with the health requirements in paragraph 10;
(e)where authorised under paragraph 8(2) to be grown in the field under non-insect proof conditions, is grown in soil that is found, by sampling and testing, to comply with paragraph 11;
(f)complies with paragraph 12 concerning defects.
[F1(g)complies with the production site requirements in paragraph 12A.]
(3) Where a rootstock, which is a pre-basic mother plant or pre-basic material, no longer fulfils the relevant requirements in sub-paragraph (2), the supplier—
(a)must remove the mother plant or material from the vicinity of other pre-basic mother plants and pre-basic material;
(b)may take appropriate measures to ensure the mother plant or the material complies with those requirements again.
(4) A supplier may use any mother plant or material removed in accordance with sub-paragraph (3)(a) as basic, certified or CAC material provided the mother plant or material fulfils the requirements set out in these Regulations for the respective categories.
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