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

Health requirements: candidate pre-basic mother plants and pre-basic mother plants produced by renewal E+W

9.—(1) A candidate pre-basic mother plant and a pre-basic mother plant produced by renewal must be free from the pests listed in Annex I and Annex II to Directive 2014/98/EU, as regards the genus or species concerned.

(2) This is established—

(a) for pests listed in Annex I to Directive 2014/98/EU, by visual inspection and, in cases of doubt concerning the presence of those pests, by sampling and testing;

(b) for pests listed in Annex II to Directive 2014/98/EU, by visual inspection and sampling and testing.

(3) Subject to paragraph (4), sampling and testing—

(a) must be carried out by an inspector or, where appropriate, the supplier in accordance with the appropriate protocol;

(b) in relation to viruses, viroids, virus-like diseases and phytoplasmas, is by means of biological indexing on indicator plants, or such other method the Secretary of State considers to be as reliable;

(c) must take place—

(i) in the most appropriate period of the year taking into account the climatic conditions and the growing conditions of the plant, and the biology of the pests relevant for that plant;

(ii) in case of doubts concerning the presence of those pests, at any time of the year.

(4) Where a candidate pre-basic mother plant is a seedling, visual inspection and sampling and testing is only required in respect of the viruses, viroids or virus-like diseases listed in Annex II to Directive 2014/98/EU, as regards the genus or species concerned, that are transmitted by pollen if—

(a) an official inspection confirms the seedling was grown from a seed produced by a plant free from symptoms caused by those viruses, viroids and virus-like diseases;

(b) the seedling has been maintained in accordance with paragraph 8 .