Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

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

Type Scottish-Statutory-Instrument

Publication 2017-05-30

Last updated 2025-10-07

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Made: 30th May 2017

Laid before the Scottish Parliament: 1st June 2017

Coming into force: 1st July 2017

The 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.

PART 1 — Introduction

Citation, commencement and extent

1

(1) These Regulations may be cited as the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 and come into force on 1st July 2017.

(2) These Regulations extend to Scotland only.

Interpretation

2

(1) In these Regulations—

“accompanying document” has the meaning given in regulation 9(3);

“basic material” means propagating material which—is intended for the production of certified material;has been produced in a vegetative way from pre-basic material; andhas been officially certified as basic material;

“body corporate” includes a limited liability partnership;

“breeder's reference” means the reference allocated to a breeder following an application for plant variety rights;

“CAC material” means Conformitas Agraria Communitatis material which—

in relation to propagating material and fruit plants produced in Scotland, is material and plants that meet the requirements for CAC material in schedule 3; andin relation to propagating material and fruit plants produced—in any other part of the United Kingdom, is material and plants that meet the requirements of the relevant fruit marketing regulations;in a Crown Dependency or a country granted equivalence, is material and plants that meet the requirements in legislation recognised by the Scottish Ministers as having equivalent effect to schedule 3;

“category”, in relation to plant material, means pre-basic material, basic material, certified material or CAC material;

“certified material” means—propagating material which—is intended for the production of fruit plants;has been produced in a vegetative way from basic material or pre-basic material or, if intended to be used for the production of rootstocks, by certified seeds from basic or certified material of rootstocks; andhas been officially certified; orfruit plants which have been—produced directly from pre-basic material, basic material or certified material; andofficially certified;

“Council Directive 2008/90/EC” means Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production , as last amended by Commission Implementing Decision (EU) 2019/120;

“Commission Implementing Directive 2014/96/EU” means 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 , as last amended by Commission Implementing Directive (EU) 2019/1813;

“Commission Implementing Directive 2014/97/EU” means 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 ;

“Commission Implementing Directive 2014/98/EU” means 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 , as last amended by Commission Implementing Directive (EU) 2020/177;

“country granted equivalence” means a country that has been assessed by Scottish Ministers as producing plant material under conditions equivalent to those required by these Regulations;

“Crown Dependency” means the Isle of Man or any of the Channel Islands;

“Directive 2001/18/EC” means Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC , as last amended by Regulation (EU) 2019/1381;

“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;

“fruit plants” means plants of the genera and species listed in schedule 1 and their hybrids which are intended to be planted or replanted, after marketing;

“the fruit marketing regulations” means—as regards England, the Marketing of Fruit Plant and Propagating Material (England) Regulations 2017;as regards Wales, the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017; as regards Northern Ireland, the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017; and “the relevant fruit marketing regulations”, in relation to any constituent part of the United Kingdom, means the fruit marketing regulations applicable in relation to that part;

“genetically modified organism” has the meaning given in Article 2 of Directive 2001/18/EC;

“the GMO regulations” means—in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002;in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002; in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003;

“inspector” means a person appointed by the Scottish Ministers under regulation 18;

“lot” means a number of units of a single commodity, identifiable by its homogeneity of composition and origin;

“marketing” means the sale, holding with a view to sale, offer for sale or any disposal, supply or transfer aimed at commercial exploitation of propagating material or fruit plants to third parties whether or not for consideration;

“official description” means the description of a variety provided on—registration in respect of a registered variety; orthe grant of plant variety rights;

“official inspection” has the meaning given in paragraph 1 of schedule 2;

“official label”—in the case of pre-basic material, basic material or certified material originating in Scotland, means a label issued or approved by the Scottish Ministers which has not previously been used and which meets the requirements of the relevant paragraphs of Part 1 of schedule 5; in the case of pre-basic material, basic material or certified material originating— in any other part of the United Kingdom, means a label issued or approved by the responsible official body and which meets the applicable requirements in relation to that material contained in the relevant fruit marketing regulations;in a Crown Dependency or a country granted equivalence, means a label issued or approved by the responsible official body and which meets the applicable requirements in relation to that material contained in legislation recognised by the Scottish Ministers as having equivalent effect to the relevant paragraphs of Part 1 of schedule 5;

“officially certified”—in the case of plant material originating in Scotland, means certified by the Scottish Ministers in accordance with the relevant provisions of schedule 2; in the case of plant material originating— in any other part of the United Kingdom, means certified in accordance with the relevant fruit marketing regulations;in a Crown Dependency or a country granted equivalence, means certified in accordance with legislation recognised by the Scottish Ministers as having equivalent effect to the relevant provisions of schedule 2;

“officially recognised description” means a description of the key morphological features that enable a variety ... to be identified;

“plant material” means the plants and materials described in regulation 3(1);

“plant variety rights” means rights granted under Part 1 of the Plant Varieties Act 1997 ... or domestic legislation in countries or territories, other than those forming part of the United Kingdom, that affords plant variety protection in accordance with UPOV;

“pre-basic material” means propagating material which—has been produced, according to generally accepted methods, for the maintenance of the identity of the variety including the relevant pomological characteristics and for the prevention of diseases;is intended for the production of basic or certified material; andhas been officially certified as pre-basic material;

“propagating material” means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants;

“registered variety” means a variety which is—registered in Scotland accordance with schedule 4; or in the case of varieties registered in any other part of the United Kingdom, means registered in accordance with the relevant fruit marketing regulations;

“Regulation (EC) No 1829/2003” means Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed , as last amended by Regulation (EU) 2019/1381;

“responsible official body” means— in relation to plant material produced in Scotland, the Scottish Ministers;in relation to plant material produced in a country or territory outside Scotland, the body responsible for the quality of plant material in that country or territory;

“RNQP” means a GB regulated non-quarantine pest within the meaning given in Article 36 (definition of Union regulated non-quarantine pests) of the EU Plant Health Regulation;

“third country” means a country outside the United Kingdom;

“supplier” means a person who is involved professionally in the reproduction, production, preservation, treatment, importation or marketing of plant material;

“supplier's document” means a document that meets the requirements of Part 2 of schedule 5;

“UPOV” means the International Union for the Protection of New Varieties of Plants, being an intergovernmental organisation established by the International Convention for the Protection of New Varieties of Plants;

“variety” means a plant grouping within a single botanical taxon of the lowest known rank, which can be—defined by the expression of the characteristics resulting from a given genotype or combination of genotypes;distinguished from any other plant grouping by the expression of at least one of those characteristics; andconsidered as an entity in view of its ability to be propagated unchanged; and

“working day” means a day which is not a Saturday, Sunday, a bank holiday in Scotland (as specified in section 1 and paragraph 2 of schedule 1 of the Banking and Financial Dealings Act 1971 ) or other public holiday.

(2) Except in the context of accompanying documents, official labels and supplier's documents, any reference to writing in these Regulations includes an electronic communication within the meaning of section 15(1) (general interpretation) of the Electronic Communications Act 2000 .

(3) Any other words or expressions used in these Regulations that are also used in Council Directive 2008/90/EC have the meaning they bear in that Directive.

Application of these Regulations

3

(1) Subject to paragraph (2) and regulation 4, these Regulations apply in relation to the marketing in Scotland of—

(a) fruit plants and propagating material of the genera and species listed in schedule 1 and their hybrids; and

(b) parts of plants, including rootstocks, of other genera or species or their hybrids, if material from fruit plants listed in schedule 1 (or any hybrid of such fruit plants) is, or is to be, grafted on to them.

(2) These Regulations do not apply in relation to plant material intended for export from Scotland to a third country provided that the plant material is identified as such and kept sufficiently isolated.

Marketing of plant materials for trials etc.

4

(1) These Regulations do not apply to the marketing of plant material in Scotland which is intended for any of the purposes listed in paragraph (2), provided that the marketing is in accordance with an authorisation granted by an inspector.

(2) The purposes referred to in paragraph (1) are—

(a) trials or scientific purposes;

(b) selection work; or

(3) The authorisation referred to in paragraph (1)—

(a) must be in writing;

(b) may be amended, suspended or revoked by an inspector by notice; and

PART 2 — Marketing of plant material

General requirements for marketing of plant material

5

(1) No person may market plant material in Scotland unless—

(a) in the case of propagating material, the plant material is—

(i) pre-basic material;

(ii) basic material;

(iii) certified material; or

(iv) CAC material;

(b) in the case of fruit plants, the plant material is—

(i) basic material;

(ii) certified material; or

(iii) CAC material;

(c) in the case of plant material which consists of a genetically modified organism, the organism has been authorised for cultivation pursuant to—

(i) the GMO regulations,

(ii) Regulation (EC) No 1829/2003, or

(iii) before the day on which IP completion day falls, Directive 2001/18/EC;

(d) in the case of plant material the products of which are intended to be used as, or in, food within the scope of Article 3 of Regulation (EC) No 1829/2003, or as, or in, feed within the scope of Article 15 of that Regulation, the food or feed concerned has been authorised pursuant to that Regulation;

(e) it is—

(i) of a variety which may be marketed under regulation 7(1) and is marketed with a reference to that variety in accordance with the relevant requirements of regulation 7(2); or

(ii) in the case of rootstocks which do not belong to a variety, marketed with a reference to the species or interspecific hybrid concerned;

(f) it is marketed in a sufficiently homogenous lot;

(g) subject to regulation 6(1), in the case of pre-basic material, basic material or certified material it is labelled, sealed and packaged in accordance with the relevant provisions of regulation 8 and schedule 5;

(h) subject to regulation 6(1), in the case of CAC material, it is accompanied by a supplier's document; and

(i) subject to regulation 6(3), the person is a supplier registered by the Scottish Ministers in accordance with regulation 10, or by another responsible official body, in relation to the plant material concerned.

(2) The Scottish Ministers may... authorise the marketing of plant material from any country outside the United Kingdom if they are satisfied the plant material has been produced under conditions equivalent to the requirements for plant material in these Regulations.

(3) No person may market plant material in Scotland produced in a member State.

(4) Paragraph (3) does not apply to plant material which meets the conditions set out in paragraph (5).

(5) The conditions are that the plant material—

(a) is of a variety that may be marketed under regulation 7 or has been registered as a variety by the responsible official body in a member State, in accordance with Article 4 of Commission Implementing Directive 2014/97/EU; and

(b) has been produced in compliance with the requirements set out in—

(i) Council Directive 2008/90/EC,

(ii) Commission Implementing Directive 2014/96/EU;

(iii) Commission Implementing Directive 2014/98/EU.

Exemptions in relation to retail supply

6

(1) Subject to compliance with paragraph (2), in relation to the retail supply to a non-professional final consumer of—

(a) pre-basic material, basic material, and certified material, the requirements of regulation 5(1)(g) do not apply; and

(b) CAC material, the requirements of regulation 5(1)(h) do not apply.

(2) The plant material mentioned in paragraph (1) must be accompanied by a document containing appropriate product information.

(3) In relation to suppliers only involved in the marketing of plant material to non-professional final consumers, the requirements of regulation 5(1)(i) and regulation 15(4) do not apply.

Varieties which may be marketed

7

(1) For the purpose of regulation 5(1)(e)(i), a variety may be marketed if it—

(a) is subject to the grant of plant variety rights;

(b) is a registered variety;

(i) for plant variety rights; or

(ii) to be a registered variety;

(d) has been marketed in the European Union prior to 30th September 2012 and has an officially recognised description; or

(e) in relation to a variety having no intrinsic value for commercial crop production—

(i) has an officially recognised description; and

(ii) the plant material concerned is CAC material and this is identified on the accompanying label or document.

(2) For the purpose of regulation 5(1)(e)(i)—

(a) in the case of a variety which is the subject of an application for plant variety rights, the reference must be to the breeder's reference or to the proposed name of the variety;

(b) in the case of a registered variety, the reference must be to that registered variety; and

(c) in the case of a variety which is the subject of an application to be a registered variety, the reference must be to the breeder's reference or to the proposed name of the variety.

(3) Schedule 4 on the registration of varieties has effect.

Labelling, sealing and packaging

8

(1) For the purpose of regulation 5(1)(g), pre-basic material, basic material or, as the case may be, certified material must be labelled, sealed and packaged in accordance with this regulation and schedule 5.

(2) Subject to paragraph (3), in relation to pre-basic material, basic material and certified material an official label must be affixed—

(a) to the plant or part of a plant being marketed; or

(b) if it is marketed in a package, bundle or container, to that package, bundle or container.

(3) Where a lot of pre-basic material, basic material or certified material is being marketed in the same package, bundle or container, a single official label may be affixed to that package, bundle or container.

(4) An official label must be affixed in such a way that its removal would render it invalid.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A supplier may only market pre-basic material, basic material or certified material consisting of two or more lots of plants or parts of plants if those plants, or parts of plants, are in a package or container or form part of a bundle and—

(a) in the case of a package or container, it is sealed in a way that prevents the package or container from being opened without damage to the closure; or

(b) in the case of a bundle, it is tied in a way that prevents the plants or parts of plants from being separated without damage to the tie or ties.

Accompanying document

9

(1) Without prejudice to the requirements of regulation 8, plant material which comprises lots of different varieties or different categories of plant material may be marketed with an accompanying document produced either by the Scottish Ministers or by the supplier of the plant material concerned (under the supervision of the Scottish Ministers).

(2) Where the information stated on the official label and the information stated on the accompanying document conflict, the conflicting information on the accompanying document must be disregarded.

(3) In this regulation an “accompanying document” means a document which complies with paragraph 8 of schedule 5.

PART 3 — Suppliers

Registration of suppliers

10

(1) An application for registration of a supplier must be made to the Scottish Ministers in writing and must contain—

(a) the information listed in regulation 11(1); and

(b) such other information as the Scottish Ministers may reasonably require.

(2) The Scottish Ministers must register a person involved professionally in the reproduction, production, preservation, treatment, importation or marketing of plant material if they are satisfied that the person will comply with the provisions of these Regulations and otherwise must refuse to register the person.

(3) The Scottish Ministers must notify the person of any decision to register, or to refuse to register, that person within a period of 15 working days beginning with the date on which the application was received by the Scottish Ministers.

(4) The Scottish Ministers must assign a registration number in relation to each person registered in accordance with this regulation.

(5) A person who, immediately before 30th September 2012, was accredited under regulation 6 of the Marketing of Fruit Plant Material Regulations 2010 is to be treated as registered for the purposes of this regulation.

(6) A person who is registered as a professional operator for the purposes of the EU Plant Health Regulation is to be treated as registered for the purposes of this regulation.

The register of suppliers

11

(1) The Scottish Ministers must maintain a register of suppliers, including the following information—

(a) the name, address and contact details of the supplier;

(b) a list of all the activities mentioned in regulation 10(2) which are performed by the supplier in relation to plant material;

(d) a list of the main genera or species of plant material concerned.

(2) A supplier registered or applying for registration under regulation 10 must notify the Scottish Ministers of any change to the information referred to in paragraph (1).

Revocation of registration etc.

12

(1) The Scottish Ministers must, by notice, revoke a registration if they are satisfied that the registered supplier no longer performs any of the activities which gave rise to the requirement for registration.

(2) Without prejudice to paragraph (1), the Scottish Ministers may by notice, amend, revoke or suspend a registration, if they are satisfied that—

(a) any of the information held on the register is inaccurate; or

(b) the supplier has failed to comply with any provision of these Regulations.

(3) Unless the Scottish Ministers otherwise direct in writing, an amendment, revocation or suspension under this regulation has immediate effect on service of the notice and continues in effect unless the registration is reinstated following an appeal under regulation 13.

Appeals

13

(1) A person aggrieved by a decision of the Scottish Ministers either to refuse to register them under regulation 10(2) or to amend, revoke or suspend their registration under regulation 12 may appeal against the decision to a person appointed for the purpose of this regulation by the Scottish Ministers.

(2) The person appointed under paragraph (1) must consider the appeal and any representations made by the appellant or the Scottish Ministers and must recommend a course of action, in writing, to the Scottish Ministers.

(3) Following receipt of a recommendation mentioned in paragraph (2), the Scottish Ministers must make a final decision and notify the appellant in writing of that decision and the reasons for it within the period mentioned in paragraph (4).

(4) A decision under paragraph (3) must be notified within a period of 15 working days beginning with the date on which the recommendation mentioned in paragraph (2) was received by the Scottish Ministers.

Supplier's duties – identification and monitoring during production

14

(1) During the production of plant material, a supplier must have in place a plan to identify and monitor critical points in the production process.

(2) The plan must include details about—

(a) the location and number of plants;

(b) the timing of cultivation of the plants;

(d) packaging, storage and transportation operations.

Supplier's duties – removal of non-compliant materials and notification of disease

15

(1) Subject to paragraph (3), a supplier must, during production, remove any mother plant or propagating material (other than rootstocks not belonging to a variety) from the vicinity of any other mother plant or propagating material of the same category if—

(a) in the case of a pre-basic mother plant or pre-basic material, the plant, or as the case may be, the material, does not meet any of the requirements set out in paragraphs 5(1)(b) and 7 to 12 of schedule 2;

(b) in the case of a basic mother plant or basic material, the plant, or as the case may be, the material, does not meet any of the requirements mentioned in paragraph 15(1)(c) (as read with paragraph 15(2)), (d), (e) and (f) of schedule 2; or

(c) in the case of a certified mother plant or certified material, the plant, or as the case may be, the material, does not meet any of the requirements mentioned in paragraph 21(1)(d) (as read with paragraph 21(2)), (e) and (f) of schedule 2.

(2) Subject to paragraph (3), a supplier must, during production, remove any mother plant or propagating material which is a rootstock not belonging to a variety from the vicinity of any other mother plant or propagating material of the same category if, in the case of a rootstock—

(a) within the pre-basic category, the rootstock does not meet the requirements set out in paragraphs 8 to 12 of schedule 2;

(b) within the basic category, the rootstock does not meet the requirements mentioned in paragraphs 16(1)(b) (as read with paragraph 16(2)) and 18 to 20 of schedule 2; or

(c) within the certified category, the rootstock does not meet the requirements mentioned in paragraph 16(1)(b)(i) to (v) (as read with paragraph 16(2)) of schedule 2.

(3) A supplier may, instead of removing the plant material mentioned in paragraph (1) or (2)—

(a) take measures to ensure the requirements of the relevant provisions referred to in paragraph (1) or, as the case may be, (2) are met; or

(b) if the plant material complies with the conditions for marketing set out in these Regulations in respect of another category—

(i) seek official certification of the plant material within that other category; or

(ii) if the plant material complies with the conditions for marketing of CAC material, market it as CAC material.

(4) A supplier must notify the Scottish Ministers of the appearance on that supplier's premises of any organism listed in schedule 6 or 6A.

(5) In this regulation, the terms “pre-basic mother plant”, “basic mother plant” and “certified mother plant” have the meanings given to them in paragraph 1 of schedule 2.

Supplier's duties – separation of plant materials

16

(1) During growing, lifting or removal from parent material, a supplier must keep propagating material and fruit plants in separate lots.

(2) A supplier must not mix propagating material which—

(a) fulfils the criteria for official certification within a certain category, with plant material of any other category; or

(b) is of one generation, with another generation of that propagating material.

Supplier's duties - record keeping

17

(1) A supplier must as soon as reasonably practicable make a record of—

(a) all sales and purchases of plant material;

(b) all deliveries of plant material to and from the supplier's premises; and

(c) the composition and origin of any plant material of different origins mixed by the supplier during packaging, storage, transportation or delivery.

(2) A supplier must as soon as reasonably practicable make a record of—

(a) all plant material being produced on the supplier's premises;

(b) any occurrence on the supplier's premises of any organisms or diseases referred to in ... schedules 6, 6A or 6B and of any measures taken in relation to such an occurrence;

(d) all field inspections, sampling and testing conducted while the plant material is under the supplier's control.

(3) Any record under paragraph (1) or (2) must be kept while the plant material is in production and for a period of at least 3 years beginning from the point at which the plant material in question is removed or marketed.

PART 4 — Enforcement and administration etc.

Inspectors

18

(1) The Scottish Ministers must appoint inspectors for the purposes of enforcing these Regulations.

(2) An inspector has the powers set out in schedule 8.

Notices

19

(1) Any notice served under these Regulations must be in writing and may—

(a) contain conditions; and

(b) be amended, suspended or revoked in writing at any time.

(2) A notice may be served on a person by—

(a) delivering it to that person;

(b) leaving it at that person's proper address; or

(3) In the case of a body corporate, a notice may be served on or given to an officer of that body.

(4) In the case of a partnership, a notice may be served on or given to a partner or person having control or management of the partnership.

(5) In the case of an unincorporated association, a notice may be served on or given to an officer or a member of the governing body of the association or any other person having management responsibilities in respect of the association.

(6) For the purposes of this regulation and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this regulation, “proper address” means—

(a) in the case of a body corporate or an officer of that body—

(i) the registered or principal office of that body; or

(ii) the email address of the officer;

(b) in the case of a partnership or a partner or person having control or management of the partnership business—

(i) the principal office of the partnership; or

(ii) the email address of the partner or the person having that control or management;

(i) the principal office of the association; or

(ii) the email address of the officer;

(d) in any other case, a person's last known address or email address.

(7) For the purposes of paragraph (6), the principal office of a body corporate registered outside Great Britain or of a partnership established outside Great Britain is its principal office in the United Kingdom.

(8) If the name or address of any occupier of premises on whom a notice is to be served or given under these Regulations cannot, after reasonable inquiry, be ascertained, the notice may be served by leaving it conspicuously affixed to a building or object on the premises.

(9) A notice may specify that a person in receipt of it must immediately inform an inspector of its safe receipt.

(10) In this regulation—

“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate;

“officer”, in relation to a body corporate, means any director, manager, secretary or other similar officer of the body corporate; and

“partnership” includes a Scottish partnership, but does not include a limited liability partnership.

Offences and penalties

20

(1) A person commits an offence if that person does not comply with—

(a) an information notice served under paragraph 2 of schedule 8;

(b) a movement notice served under paragraph 3 of schedule 8;

(d) a prohibition notice served under paragraph 4(1)(b) of schedule 8.

(2) A person who commits an offence under these Regulations is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Offences by bodies corporate, Scottish partnerships and unincorporated associations

21

(1) Where—

(a) an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other unincorporated association; and

(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i) a relevant individual; or

(ii) an individual purporting to act in the capacity of a relevant individual,

the individual as well as the body corporate, Scottish partnership or unincorporated association, commits an offence and is liable to be proceeded against and punished accordingly.

(2) In paragraph (1), “relevant individual” means—

(a) in relation to a body corporate—

(i) a director, manager, secretary or other similar officer of the body; or

(ii) where the affairs of the body are managed by its members, a member;

(b) in relation to a Scottish partnership, a partner; and

(c) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

Arrangements for official measures

22

(1) Subject to paragraph (2), the Scottish Ministers may make such arrangements as they consider necessary or desirable with any person (“A”) for the purpose of enabling A to carry out official measures on the Scottish Ministers' behalf.

(2) The Scottish Ministers must not make any arrangement under paragraph (1) unless satisfied that A will not—

(a) derive any private gain from any official measures that A is to carry out under the arrangement; or

(b) carry out any official measures under the arrangement except under the supervision of the Scottish Ministers.

(3) The Scottish Ministers may include in any arrangement under paragraph (1) such conditions as they consider necessary or desirable for the purposes referred to in that paragraph and paragraph (2), including conditions—

(a) specifying—

(i) the official measures that A must carry out;

(ii) the species of plant material in respect of which A may carry out the official measures;

(iii) the methods to be used in connection with the carrying out of the official measures by A;

(iv) the fees that A may charge in relation to the carrying out of the official measures by A;

(v) the records that A must keep in connection with the carrying out of the official measures by A;

(b) prohibiting A from—

(i) charging fees in relation to the official measures that A carries out under the arrangement except to the extent that these do not exceed the costs that A incurs in carrying them out;

(ii) carrying out the official measures except under the supervision of the Scottish Ministers;

(c) prohibiting A from making any further arrangement with any other person (“B”) for any purpose in connection with the carrying out of the official measures that A has arranged with the Scottish Ministers under paragraph (1) to carry out, unless—

(i) the Scottish Ministers have approved the proposed conditions of the further arrangement and A has received the prior written approval of the Scottish Ministers to make the further arrangement;

(ii) the further arrangement includes a condition prohibiting B from making any subsequent arrangement for any purpose connected with the carrying out of the official measures in respect of which the Scottish Ministers made the arrangement under paragraph (1) with A;

(iii) the further arrangement includes an acknowledgment by A that the Scottish Ministers may vary, revoke or suspend the further arrangement if it appears to the Scottish Ministers that B is not complying, or has failed to comply, with any condition of the further arrangement; and

(iv) the further arrangement includes the conditions specified in sub-paragraphs (a) and (b) of this paragraph and for these purposes references in those sub-paragraphs to A are to be construed as references to B and references to “the arrangement” are to be construed as references to the further arrangement.

(4) The Scottish Ministers must not approve the making of any further arrangement under (3)(c)(i) unless satisfied that B will not—

(a) derive any private gain from any official measures that B is to be authorised to carry out under the further arrangement; or

(b) carry out any official measures under the further arrangement except under the supervision of the Scottish Ministers.

(5) The Scottish Ministers may, by giving notice to A or B (as the case may be), vary, suspend or revoke an arrangement under paragraph (1) or further arrangement under paragraph (3)(c)(i), or any conditions of an arrangement or further arrangement made under this regulation.

(6) A notice given under paragraph (5) must specify—

(a) in the case of a variation or revocation, the date from which the variation or revocation takes effect;

(b) in the case of a suspension, the period during which the suspension has effect.

(7) When a variation, revocation or suspension has effect, the Scottish Ministers may, for any purposes in relation to these Regulations, continue to have regard to such of the official measures carried out under an arrangement (or further arrangement) which was varied, revoked or suspended as appear to the Scottish Ministers to be official measures carried out in accordance with the provisions of these Regulations.

(8) In this regulation, “official measures” include official inspections.

PART 5 — General

Transitional provision

23

(1) This regulation applies where plant material is produced from a parent plant existing before 1st July 2017.

(2) A supplier may until 31st December 2022 market the plant material mentioned in paragraph (1) provided—

(a) the parent plant meets any certification or CAC material requirements relevant to it under the Marketing of Fruit Plant Material Regulations 2010 ; and

(b) the supplier's document accompanying it, or the official label affixed to it, includes a reference to Article 32 of Commission Implementing Directive 2014/98/EU.

Revocation

24

The Marketing of Fruit Plant Material Regulations 2010 are revoked.

SCHEDULE 1 — Genera and Species to which these Regulations apply

Genera and species	Common name (for guidance only)
Castanea sativaMill.	Chestnut
CitrusL.	Includes grapefruit, lemon, lime, mandarin and orange
Corylus avellanaL.	Hazelnut
Cydonia oblongaMill.	Quince
Ficus caricaL.	Common edible fig
FortunellaSwingle	Kumquat
FragariaL.	Strawberry
Juglans regiaL.	Walnut
MalusMill.	Apple
Olea europaeaL.	Olive
Pistacia veraL.	Pistachio
PoncirusRaf.	Trifoliate orange
Prunus armeniacaL.	Apricot
Prunus avium(L.) L.	Sweet cherry
Prunus cerasusL.	Sour cherry
Prunus domesticaL.	Plum
Prunus dulcis(Mill.) D A Webb (also known asPrunus amygdalusBatsch)	Almond
Prunus persica(L.) Batsch	Peach and nectarine
Prunus salicinaLindley	Japanese plum
PyrusL.	Pears
RibesL.	Blackcurrant, gooseberry, red currant and white currant
RubusL.	Blackberry, raspberry and hybrid berries
VacciniumL.	Blueberry, cranberry and bilberry.

SCHEDULE 2 — Certification requirements

PART 1 — General

Interpretation

1

In this schedule—

“administrative checks” means administrative checks performed by or on behalf of the Scottish Ministers for the purposes of these Regulations, including but not limited to checking records kept by a supplier pursuant to regulation 17;

“appropriate EPPO protocol” means—a protocol published by the European and Mediterranean Plant Protection Organisation in relation to the particular activity (such as, but not limited to, sampling and testing or multiplication, renewal and propagation of mother plants) and the particular genus or species concerned ;where no such protocol as mentioned in sub-paragraph (a) exists, a protocol in relation to the same type of activity as so mentioned, which has international recognition; orwhere neither protocol as mentioned in sub-paragraph (a) or (b) exists, a protocol established by the Scottish Ministers in relation to the same type of activity mentioned in sub-paragraph (a).

“basic mother plant” means a mother plant intended for the production of basic material;

“candidate pre-basic mother plant” means a mother plant which the supplier intends to have accepted as a pre-basic mother plant;

“certified mother plant” means a mother plant intended for the production of certified material;

“cryopreservation” means the maintenance of plant material by cooling to ultra-low temperatures, in order to retain the viability of the material;

“directly propagated” means propagated by renewal, multiplication or micropropagation;

“fruiting plant” means a plant propagated from a mother plant and grown for the production of fruit in order to permit the verification of the varietal identity of the mother plant;

“micropropagation” means the multiplication of plant material in order to produce a large number of plants, using in vitro culture of differentiated vegetative buds or differentiated vegetative meristems taken from a plant;

“mother plant” means a plant identified for propagation;

“multiplication” means vegetative production of mother plants in order to obtain a sufficient number of mother plants in the same category;

“official inspection” means any visual inspection, and, where appropriate, sampling and testing conducted by or on behalf of the Scottish Ministers for the purposes of these Regulations;

“practically free from defects” means that defects likely to impair the quality and usefulness of the propagating material or fruit plants are present at a level equal to, or lower than, the level expected to result from good cultivating and handling practices, and that level is consistent with good cultivating and handling practices;

“pre-basic mother plant” means a mother plant intended for the production of pre-basic material;

“renewal”, in relation to a mother plant, means replacing a mother plant with a plant vegetatively produced from it; and

“visual inspection” means the examination of plants or parts of plants using the unaided eye, lens, stereoscope or microscope and which, in relation to fruiting plants, is conducted during the most appropriate periods of the year (taking into account climatic and growing conditions of the plants of the genera or species concerned).

Provisions on official inspections

2

(1) An official inspection must pay particular attention to—

(a) the suitability and actual use of methods by the supplier for checking each of the critical points in the production process; and

(b) the overall competence of the supplier's staff to carry out the activities mentioned in regulations 14, 15 and 16.

(2) The Scottish Ministers must ensure that records of the results and the dates of all field inspections, sampling and testing conducted by, or on behalf of, the Scottish Ministers are produced and kept.

PART 2 — Pre-basic material

Pre-basic material (other than mother plants and rootstocks not belonging to a variety)

3

Propagating material, other than mother plants and rootstocks which do not belong to a variety, may be officially certified as pre-basic material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a) it is directly propagated from a pre-basic mother plant in accordance with paragraph 13 or 14;

(b) the pre-basic mother plant mentioned in sub-paragraph (a)—

(i) is accepted in accordance with paragraph 5;

(ii) has been obtained by multiplication in accordance with paragraph 13; or

(iii) has been obtained by micropropagation in accordance with paragraph 14;

(d) it is maintained in accordance with the requirements of paragraph 8;

(e) it complies with the requirements concerning health in paragraph 10;

(f) where it has been grown in the field under non-insect proof conditions, ... the soil in which it has been grown complies with paragraph 11; and

(g) it complies with the requirements concerning defects in paragraph 12.

Rootstocks not belonging to a variety

4

A rootstock which does not belong to a variety may be certified as pre-basic material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a) it is directly propagated by vegetative or sexual propagation from a mother plant;

(b) the mother plant mentioned in (a)—

(i) is accepted in accordance with paragraph 6;

(ii) has been obtained by multiplication in accordance with paragraph 13; or

(iii) has been obtained by micropropagation in accordance with paragraph 14;

(c) where it is directly propagated from a mother plant by sexual propagation, the pollinating trees are directly produced by vegetative propagation from a mother plant;

(d) it is true to the description of its species;

(e) it is maintained in accordance with the requirements of paragraph 8;

(f) it complies with the requirements concerning health in paragraph 10;

(g) where it has been grown in the field under non-insect proof conditions, ... the soil in which it has been grown complies with paragraph 11; and

(h) it complies with the requirements concerning defects in paragraph 12.

Acceptance of plants as pre-basic mother plants

5

(1) Subject to sub-paragraph (4) the Scottish Ministers may accept a plant as a pre-basic mother plant if it has been found on official inspection and, where appropriate, through administrative checks, that—

(a) there has been compliance with paragraphs 8 to 12; and

(b) its trueness to the description of its variety is—

(i) established in accordance with sub-paragraphs (2) and (3); and

(ii) verified in accordance with paragraph 7.

(2) The trueness of the pre-basic mother plant to the description of its variety must be established by observation of the expression of the characteristics of the variety and such observation must be based on one of the following descriptions:—

(a) the official description of the variety;

(b) the description accompanying the application to be a registered variety;

(d) the officially recognised description, if the variety in question is a registered variety.

(3) Where the establishment of the trueness to the description of the variety is only possible on the basis of the characteristics of a fruiting plant—

(a) the observation of the expression of the characteristics of the variety must be carried out on the fruits of a fruiting plant propagated from the pre-basic mother plant; and

(b) the fruiting plant mentioned in head (a) must be kept separate from the pre-basic mother plant and pre-basic material.

(4) If the observation mentioned in sub-paragraph (2) is based on a description mentioned in either head (b) or (c) of sub-paragraph (2), the pre-basic mother plant may only be accepted—

(a) following production of a report from the responsible official body which proves that the variety in question is distinct, uniform and stable; and

(b) pending registration of the variety, the pre-basic mother plant and any material produced from it may only be used for the production of basic or certified material and may not be marketed as pre-basic, basic or certified material.

Acceptance of rootstocks not belonging to a variety as a pre-basic mother plant

6

The Scottish Ministers may accept a rootstock which does not belong to a variety as a pre-basic mother plant if it has been found on official inspection, and, where appropriate, through administrative checks, that—

(a) it is true to the description of its species; and

(b) there has been compliance with paragraphs 8 to 12.

Verification of trueness to the description of variety

7

(1) The trueness of pre-basic mother plants and pre-basic material to the description of their variety must be regularly verified by the Scottish Ministers and, where appropriate, by the supplier, in accordance with the requirements of paragraph 5(2) and (3) and in a manner appropriate to the variety concerned and the propagation method used.

(2) In addition to the regular verification mentioned in sub-paragraph (1), the Scottish Ministers and, where appropriate, the supplier must verify the trueness of pre-basic mother plants resulting from any renewal of the pre-basic mother plants or pre-basic material.

Maintenance of pre-basic mother plants and pre-basic material

8

(1) Subject to sub-paragraph (6), candidate pre-basic mother plants, pre-basic mother plants and pre-basic material must be maintained by the supplier in facilities designated for the genera and species concerned and which are insect proof and ensure freedom from infection through aerial vectors and any other possible sources throughout the production process.

(2) Subject to sub-paragraph (6), candidate pre-basic mother plants must be kept physically isolated from pre-basic mother plants until it is established that they are free from the pests described in paragraph 9(1) and (2).

(3) Pre-basic mother plants and pre-basic material must be—

(a) subject to sub-paragraph (6), grown or produced and isolated from the soil, in pots of soil-free or of sterilised growing media;

(b) identified by labels to ensure their traceability; and

(c) subject to sub-paragraph (6), maintained in a manner which ensures that they are individually identified throughout the production process.

(4) Pre-basic mother plants and pre-basic material may be maintained by cryopreservation.

(5) Pre-basic mother plants may only be used for a period as calculated in accordance with the appropriate EPPO protocol on the basis of—

(a) the stability of the variety;

(b) the environmental conditions under which they are grown; and

(6) ... Pre-basic mother plants and pre-basic material may be produced in the field under non-insect proof conditions provided that—

(a) the pre-basic mother plants or pre-basic material concerned are identified by a label ensuring their traceability; and

(b) appropriate measures are taken to prevent infection of the plants by any possible sources, including by—

(i) aerial vectors;

(ii) root contact; and

(iii) cross infection by machinery and grafting tools.

Health requirements for candidate pre-basic mother plants and for pre-basic mother plants produced by renewal

9

(1) A candidate pre-basic mother plant must be found free, on the basis of visual inspection of the facilities and fields, from the pests listed in ... schedule 6, in relation to the particular genus or species concerned and, if there are doubts concerning the presence of such pests, there must be sampling and testing of the candidate pre-basic mother plant concerned.

(2) Subject to sub-paragraph (3), a candidate pre-basic mother plant must be found free, on the basis of visual inspection and by sampling and testing, from the pests listed in schedule 6A, in relation to the particular genus or species concerned.

(3) Where a candidate pre-basic mother plant is a seedling, visual inspection, sampling and testing is only required in relation to viruses, viroids or virus-like diseases transmitted by pollen which are listed in schedule 6A in relation to the particular genus or species concerned, provided that an official inspection has confirmed that the seedling—

(a) was grown from a seed produced by a plant free from symptoms caused by those viruses, viroids or virus-like diseases; and

(b) it has been maintained in accordance with paragraph 8(1) and 8(3)(a) and (b).

(4) A pre-basic mother plant produced by renewal must be found free—

(a) on the basis of visual inspection of the facilities and fields from the pests listed in ... schedule 6 in relation to the particular genus or species concerned and, if there are doubts concerning the presence of such pests, there must be sampling and testing of the relevant pre-basic mother plant; and

(b) on the basis of visual inspection of the facilities, fields and lots and by sampling and testing in relation to the viruses and viroids listed in schedule 6A.

(5) In this paragraph, a reference to “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a) at the most appropriate time of the year, taking into account the climatic conditions, the growing conditions of the plant and the biology of the pests relevant to that plant;

(b) at any time of the year in the event of doubts concerning the presence of a relevant pest in accordance with the appropriate EPPO protocol;

(c) through submission of samples to laboratories approved by the Scottish Ministers for the purposes of such sampling and testing; and

(d) in the case of candidate pre-basic mother plants which are being tested for viruses, viroids, virus-like diseases and phytoplasms, using the testing method of biological indexing on indicator plants or such other testing method as the Scottish Ministers may authorise, having regard to peer reviewed scientific evidence showing that the other testing method is as reliable as biological indexing on indicator plants.

Health requirements for pre-basic mother plants and for pre-basic material

10

(1) A pre-basic mother plant or pre-basic material must, by visual inspection in the facilities, fields and lots, be found free from the RNQPs listed in schedules 6 and6A in accordance with the provisions of column 3 of schedule 7, as regards the genus or species concerned.

(2) The visual inspection mentioned in sub-paragraph (1) must be carried out by or on behalf of the Scottish Ministers and, where appropriate, the supplier.

(3) The Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the pre-basic mother plant or pre-basic material for the RNQPs listed in schedule 6A, in accordance with the provisions of column 4 of schedule 7, with regard to the genus or species concerned and category.

(4) Where there are doubts concerning the presence of the RNQPs listed in schedule 6, the Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the pre-basic mother plant or pre-basic material concerned.

(5) In relation to the sampling and testing referred to in sub-paragraphs (3) and (4)—

(a) Scottish Ministers, persons acting on their behalf and the supplier must—

(i) apply protocols of EPPO, or other internationally recognised protocols, or

(ii) where the protocols referred to in sub-head (i) do not exist—

(aa) apply the relevant protocols established at national level, and

(bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) where appropriate, the supplier must submit the samples to laboratories officially accepted by the Scottish Ministers.

(6) In the event of a positive test result for any of the RNQPs listed in schedules 6 and6A, as regards the genus or species concerned, the supplier must remove the infested pre-basic mother plant or pre-basic material from the vicinity of other pre-basic mother plants and pre-basic material pursuant to regulation 15, or take appropriate measures pursuant to columns 4 and 5 of schedule 7.

(7) The measures to ensure compliance with the requirements of sub-paragraphs (1) to (4) are set out in schedule 7, with regard to the genus or species concerned and category.

(8) Sub-paragraphs (1) to (4) do not apply to pre-basic mother plants and pre-basic material during cryopreservation.

Soil requirements

11

(1) Subject to sub-paragraphs (2) and (3), pre-basic mother plants and pre-basic material must only be grown in soil which is found, on the basis of sampling and testing carried out prior to the planting of such plants and material, to be free from any pest listed in schedule 6B for the genus or species concerned and which may host viruses affecting that genus or species.

(2) Sampling and testing is not required under sub-paragraph (1) if—

(a) there have been no plants which are hosts for any of the pests listed in schedule 6B grown in the relevant soil for a period of at least 5 years prior to the planting of the pre-basic mother plants and pre-basic material mentioned in sub-paragraph (1) and where there is no doubt concerning the absence of the relevant pests in the soil; or

(b) an official inspection is carried out which concludes that the soil is free from any of the pests listed in schedule 6B for the genus or species concerned and which may host viruses affecting that genus or species.

(3) Sampling and testing of the soil must be carried out during the growing period of the pre-basic mother plant or pre-basic material mentioned in sub-paragraph (1) where there is suspicion concerning the presence of the pests listed in schedule 6B

(4) In this paragraph, “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a) in accordance with the appropriate EPPO protocol; and

(b) taking into account the climatic conditions and the biology of the pests listed in schedule 6B and their relevance to the pre-basic mother plants or pre-basic material concerned.

Defects

12

(1) Pre-basic mother plants and pre-basic material must be found, on visual inspection, to be practically free from defects.

(2) Injuries, discoloration, scar tissues or dessication must be considered as defects if they affect the quality and usefulness of a mother plant or plant material as propagating material.

Requirements concerning multiplication, renewal and propagation of pre-basic mother plants

13

(1) Subject to sub-paragraph (4), a supplier may multiply a pre-basic mother plant which has been accepted under paragraph 5.

(2) Subject to sub-paragraph (4), the supplier may renew a pre-basic mother plant which—

(a) has been accepted under paragraph 5; and

(b) during the period described in paragraph 8(5).

(3) Subject to sub-paragraph (4), the supplier may propagate a pre-basic mother plant which has been accepted under paragraph 5 to produce pre-basic material.

(4) The multiplication, renewal and propagation described in sub-paragraphs (1) to (3) must be carried out in accordance with the appropriate EPPO protocol, provided that such protocol has been tested on the relevant genus or species for a period of time considered sufficient to allow phenotype validation of the plants as regards the trueness to the description of the variety based on the observation of the fruit production or of the vegetative development of rootstocks.

Requirements concerning multiplication, renewal and propagation by micropropagation of pre-basic mother plants

14

A supplier may multiply, renew or propagate a pre-basic mother plant which has been accepted under paragraph 5 by micropropagation for the purpose of producing other pre-basic mother plants or pre-basic material, provided that—

(a) the multiplication, renewal or propagation by micropropagation is carried out in accordance with the appropriate EPPO protocol; and

(b) the appropriate EPPO protocol has been tested on the relevant genus or species for a period of time considered sufficient to allow phenotype validation of the plants as regards the trueness to the description of the variety based on the observation of the fruit production or of the vegetative development of rootstocks.

PART 3 — Basic material

Requirements for the certification of basic material

15

(1) Propagating material other than basic mother plants or rootstocks which do not belong to a variety may be officially certified as basic material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a) it has been propagated from a basic mother plant;

(b) the basic mother plant mentioned in head (a)—

(i) has been grown from pre-basic material; or

(ii) has been produced by multiplication from a basic mother plant, in accordance with paragraph 20;

(d) it complies with the requirements in paragraph 8(3)(c);

(e) it complies with the requirements in paragraph 17;

(f) it complies with the requirements in paragraph 18;

(g) it is maintained in accordance with paragraph 19; and

(h) there has been compliance with the requirements concerning multiplication and multiplication by micropropagation in paragraph 20.

(2) For the purposes of sub-paragraph (1)(c) references in paragraphs 7, 8(5) and 12 to—

(a) pre-basic mother plants may be construed as references to basic mother plants; and

(b) pre-basic material may be construed as references to basic material.

Rootstocks not belonging to a variety

16

(1) A rootstock which does not belong to a variety may be officially certified as basic material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a) it is true to the description of its species;

(b) it complies with the requirements in—

(i) paragraph 8(3)(c);

(ii) paragraph 8(5);

(iii) paragraph 12;

(iv) paragraph 17;

(v) paragraph 18;

(vi) paragraph 19; and

(vii) paragraph 20.

(2) For the purposes of sub-paragraph (1)(b)(i), (ii) and (iii), references in paragraphs 8(3)(c) and (5) and 12 to—

(a) pre-basic mother plants, may be construed as references to basic mother plants; and

(b) pre-basic material, may be construed as references to basic material.

Health requirements for basic mother plants and basic material

17

(1) A basic mother plant or basic material must, by visual inspection in the facilities, fields and lots, be found free from the RNQPs listed in schedules 6 and6A in accordance with the provisions of column 3 of schedule 7, as regards the genus or species concerned.

(2) The visual inspection referred to in sub-paragraph (1) must be carried out by or on behalf of the Scottish Ministers and, where appropriate, the supplier.

(3) The Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the basic mother plant or basic material for the RNQPs listed in schedule 6A in accordance with the provisions of column 4 of schedule 7, with regard to the genus or species concerned and category.

(4) Where there are doubts concerning the presence of the RNQPs listed in schedule 6, the Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the basic mother plant or basic material concerned.

(5) In relation to the sampling and testing referred to in sub-paragraphs (3) and (4)—

(a) Scottish Ministers, persons acting on their behalf and the supplier must—

(i) apply protocols of EPPO, or other internationally recognised protocols, or

(ii) where the protocols referred to in sub-head (i) do not exist—

(aa) apply the relevant protocols established at national level, and

(bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) where appropriate, the supplier must submit samples to laboratories officially accepted by the Scottish Ministers.

(6) In the event of a positive test result for any of the RNQPs listed in schedules 6 and6A, as regards the genus or species concerned, the supplier must remove the infested basic mother plant or basic material from the vicinity of other basic mother plants and basic material pursuant to regulation 15, or take appropriate measures pursuant to columns 4 and 5 of schedule 7.

(7) The measures to ensure compliance with the requirements of sub-paragraphs (1) to (4) are set out in schedule 7, with regard to the genus or species concerned and category.

(8) Sub-paragraphs (1) to (4) do not apply to basic mother plants and basic material during cryopreservation.

Soil requirements

18

(1) Subject to sub-paragraphs (2) and (3), basic mother plants and basic material must only be grown in soil which is found, on the basis of sampling and testing carried out prior to the planting of such plants and material, to be free from any pest listed in schedule 6B for the genus or species concerned and which may host viruses affecting that genus or species.

(2) Sampling and testing is not required under sub-paragraph (1) if—

(a) there have been no plants which are hosts for the pests listed in schedule 6B grown in the relevant soil for a period of at least 5 years prior to the planting of the basic mother plants and basic material mentioned in sub-paragraph (1) and where there is no doubt concerning the absence of the relevant pests in the soil; or

(b) an official inspection is carried out which concludes that the soil is free from any of the pests listed in schedule 6B for the genus or species concerned and which is host to viruses affecting that genus or species.

(3) Sampling and testing of the soil must be carried out during the growing period of the basic mother plant or basic material mentioned in sub-paragraph (1) where there is suspicion concerning the presence of the pests mentioned in that sub-paragraph.

(4) In this paragraph, “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a) in accordance with the appropriate EPPO protocol; and

(b) taking into account the climatic conditions and the biology of the pests listed in schedule 6B and their relevance to the basic mother plants or basic material concerned.

Requirements concerning the maintenance of basic mother plants and basic material

19

(1) Basic mother plants and basic material must be maintained in fields isolated from potential sources of infection by aerial vectors, root contact, cross infection by machinery or grafting tools and from any other possible sources.

(2) An inspector may determine the distance at which the fields mentioned in sub-paragraph (1) must be isolated from potential sources of infection as mentioned in sub-paragraph (1), having regard to regional circumstances, the type of propagating material, the presence of pests in the area concerned and the relevant risks which are involved.

(3) Basic mother plants and basic material must be maintained in a manner that ensures that they are individually identified throughout the production process.

Conditions for multiplication and multiplication by micropropagation of basic mother plants

20

(1) Subject to sub-paragraphs (2) to (5), a basic mother plant mentioned in paragraph 15(1)(b)(i) may be multiplied or multiplied by micropropagation in order to produce the necessary number of basic mother plants.

(2) The multiplication or multiplication by micropropagation mentioned in sub-paragraph (1) must be carried out in accordance with the appropriate EPPO protocol, provided that such protocol has been tested on the relevant genus or species for a period of time considered sufficient to allow phenotype validation of the plants as regards the trueness to the description of the variety based on the observation of the fruit production or of the vegetative development of rootstocks.

(3) In relation to the multiplication, or multiplication by micropropagation, of a basic mother plant of a particular genus or species listed in column 1 of the Table in sub-paragraph (5), the basic mother plant—

(a) may be multiplied for the maximum number of generations prescribed for that genus or species in the corresponding entry in column 2 of that Table; and

(b) may not be maintained as a basic mother plant beyond any period which may be prescribed in the corresponding entry in column 3 of that Table.

(4) Where rootstocks are part of the basic mother plant, the rootstock must be basic material of the first generation.

(5) Where, in respect of a particular genus or species listed in column 1 of the Table in this sub-paragraph, multiple generations of basic mother plants are prescribed in column 2 of that Table, each generation of basic mother plant, other than the first one, may derive from any previous generation.

Column 1Genera or species	Column 2Maximum number of generations	Column 3Maximum permitted life span
Castanea sativa Mill.	2 generations; orif the basic mother plant is a rootstock, 3 generations
Citrus L,. Fortunella Swingle and Poncirus Raf.	1 generation; orif the basic mother plant is a rootstock, 3 generations
Corylus avellana L.	2 generations
Cydonia oblonga Mill.,Malus Mill. andPyrus L.	2 generations; orif the basic mother plant is a rootstock, 3 generations
Ficus carica L.	2 generations
Fragaria L.	5 generations
Juglans regia L.	2 generations
Olea europaea L.	1 generation
Prunus amygdalus,P. armeniaca,P. domestica,P. persica andP. salicina	2 generations; orif the basic mother plant is a rootstock, 3 generations
Prunus avium andP. cerasus	2 generations; orif the basic mother plant is a rootstock, 3 generations
Ribes L.	3 generations	6 years
Rubus L.	2 generations	4 years
VacciniumL.	2 generations

PART 4 — Certified material

Requirements for certification as certified material

21

(1) Propagating material other than mother plants or a fruit plant may be officially certified as certified material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a) it has been propagated from a certified mother plant;

(b) the certified mother plant mentioned in head (a) has been grown from pre-basic material or basic material;

(d) it complies with the requirements in—

(i) paragraph 7;

(ii) paragraph 8(5); and

(iii) paragraph 12;

(e) it complies with the requirements in paragraph 23; and

(f) it complies with the requirements in paragraph 24.

(2) For the purposes of sub-paragraph (1)(d), references in paragraphs 7, 8(5) and 12 to—

(a) pre-basic mother plants, may be construed as references to certified mother plants; and

(b) pre-basic material, may be construed as references to certified material.

Rootstocks not belonging to a variety

22

(1) A rootstock which does not belong to a variety may be officially certified as certified material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a) it is true to the description of its species;

(b) it complies with the requirements in—

(i) paragraph 8(5); and

(ii) paragraph 12; and

(2) For the purposes of sub-paragraph (1)(b), references in paragraphs 8(5) and 12 to—

(a) pre-basic mother plants, may be construed as references to certified mother plants; and

(b) pre-basic material may, be construed as references to certified material.

Health requirements for certified mother plants and certified material

23

(1) A certified mother plant or certified material must, by visual inspection in the facilities, fields and lots, be found free from the RNQPs listed in schedules 6 and6A in accordance with the provisions of column 3 of schedule 7, as regards the genus or species concerned.

(2) The visual inspection referred to in sub-paragraph (1) must be carried out by or on behalf of the Scottish Ministers and, where appropriate, the supplier.

(3) The Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the certified mother plant or certified material for the RNQPs listed in schedule 6A in accordance with the provisions of column 4 of schedule 7, with regard to the genus or species concerned and category.

(4) Where there are doubts concerning the presence of the RNQPs listed in schedule 6, the Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the certified mother plant or certified material concerned.

(5) In relation to the sampling and testing referred to in sub-paragraphs (3) and (4)—

(a) Scottish Ministers, persons acting on their behalf and the supplier must—

(i) apply protocols of EPPO, or other internationally recognised protocols, or

(ii) where the protocols referred to in sub-head (i) do not exist—

(aa) apply the relevant protocols established at national level, and

(bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) where appropriate, the supplier must submit samples to laboratories officially accepted by the Scottish Ministers.

(6) In the event of a positive test result for any of the RNQPs listed in schedules 6 and6A, as regards the genus or species concerned, the supplier must remove the infested certified mother plant or certified material from the vicinity of other certified mother plants and certified material pursuant to regulation 15, or take appropriate measures pursuant to columns 4 and 5 of schedule 7.

(7) The measures to ensure compliance with the requirements of sub-paragraphs (1) to (4) are set out in schedule 7, with regard to the genus or species concerned and category.

(8) Sub-paragraphs (1) to (4) do not apply to certified mother plants and certified material during cryopreservation.

Soil requirements

24

(1) Subject to sub-paragraphs (2) and (3), certified mother plants must only be grown in soil which is found, on the basis of sampling and testing carried out prior to the planting of such mother plants, to be free from any pest listed in schedule 6B for the genus or species concerned and which may host viruses affecting that genus or species.

(2) Sampling and testing is not required under sub-paragraph (1) if—

(a) there have been no plants which are hosts for any of the pests listed in schedule 6B grown in the relevant soil for a period of at least 5 years prior to the planting of the certified mother plants mentioned in sub-paragraph (1) and where there is no doubt concerning the absence of the relevant pests in the soil; or

(b) an official inspection is carried out which concludes that the soil is free from any of the pests listed in schedule 6B for the genus or species concerned and which is host to viruses affecting that genus or species.

(2A) Unless otherwise stated, sampling and testing is not required under sub-paragraph (1) in the case of certified fruit plants.

(3) Sampling and testing of the soil must be carried out during the growing period of the certified mother plant mentioned in sub-paragraph (1) where there is suspicion concerning the presence of the pests mentioned in that sub-paragraph.

(4) In this paragraph, “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a) in accordance with the appropriate EPPO protocol; and

(b) taking into account the climatic conditions and the biology of the pests listed in schedule 6B and their relevance to the certified mother plants concerned.

SCHEDULE 3 — CAC material

Conditions for CAC material other than rootstocks not belonging to a variety

1

(1) CAC material other than rootstocks not belonging to a variety may only be marketed if it fulfils the following conditions—

(a) it is propagated from an identified source of material recorded by the supplier;

(b) its trueness to the description of its variety is established and verified in accordance with paragraph 3;

(c) it is found by the supplier on visual inspection carried out in the facilities, fields and lots at the stage of production, to be substantially free from the RNQPs listed in schedules 6 and6A, as regards the genus or species concerned, unless stated otherwise in schedule 7;

(ca) in relation to the RNQPs listed in schedule 6A, sampling and testing by the supplier is carried out in accordance with column 4 of schedule 7 with regard to the genus or species concerned and category;

(cb) in the event that there are doubts concerning the presence of the RNQPs listed in schedule 6, it is found as a result of sampling and testing by the supplier to be substantially free from those RNQPs;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) on visual inspection, it is found to be practically free from defects including injuries, discolouration, scar tissue or dessication that affect the quality and usefulness of the plant as propagating material.

(1A) CAC propagating material and CAC fruit plants in lots, after the stage of production, may only be marketed if found free from signs or symptoms of the pests listed in schedules 6 and 6A, upon visual inspection carried out by the supplier.

(2) The visual inspections and sampling and testing mentioned in sub-paragraphs (1)(c), (ca) and (cb) and (1A) may not be conducted during cryopreservation.

CAC material: rootstocks not belonging to a variety

2

(1) CAC material consisting of rootstocks not belonging to a variety may only be marketed if it fulfils the following conditions—

(a) it is true to the description of its species;

(b) it is found by the supplier on visual inspection, or where there is doubt, by sampling and testing, to be substantially free from the pests listed in schedules 6 and 6A; and

(c) on visual inspection, it is found to be substantially free from defects including injuries, discolouration, scar tissue or dessication that affect the quality and usefulness of the plant as propagating material.

(2) The visual inspections mentioned in sub-paragraph (1)(b) may not be conducted during cryopreservation.

CAC material: trueness to the description of the variety

3

(1) A supplier must establish and regularly verify the trueness of CAC material to the description of its variety in accordance with this paragraph.

(2) The trueness of certified material to the description of its variety must be established and verified by observation of the expression of the characteristics of the variety based on one of the following descriptions—

(a) its official description;

(b) the description accompanying the application to be a registered variety;

(d) where the variety is registered with an officially recognised description, or subject to an application for registration with an officially recognised description, that description.

SCHEDULE 4 — Registration of varieties

Interpretation

1

In this schedule—

“distinctness” (and “distinct”) in relation to a variety, is to be construed in accordance with paragraph 9;

“the register” means the register of varieties maintained by the Scottish Ministers under paragraph 2;

“stability” (and “stable”) in relation to a variety, is to be construed in accordance with paragraph 11;

“technical questionnaire” means the technical questionnaire set out in—any UPOV protocols published in relation to the relevant species; orwhere no such UPOV protocols have been published as mentioned in sub-paragraph (a), any UPOV guidelines published in relation to the relevant species; orwhere no such protocols as mentioned in sub-paragraph (a) or guidelines as mentioned in sub-paragraph (b) have been published, a protocol or guidelines established by or on behalf of the Scottish Ministers in relation to the same matters;

“uniformity” (and “uniform”) in relation to a variety, is to be construed in accordance with paragraph 10;

“UPOV guidelines” mean test guidelines for the conduct of tests for distinctness, uniformity and stability that have been produced for the relevant species by the UPOV and which are applicable at the beginning of the growing trial .

Register of varieties

2

(1) The Scottish Ministers must maintain a register of varieties.

(2) The register must include—

(a) the denomination of the variety and any synonyms;

(b) the species to which the variety belongs;

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.