(1) In this paragraph, “potatoes originating in Egypt” means any...
- Label Egyptian potatoes and treat only in approved premises
Scottish Statutory Instrument
2019
United Kingdom
The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019
At a glance
What's here
6 compliance obligations
Who this Act binds
Plus 1 non-business duty on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 75 other Schedules — structural / supplementary
Interpretation
Completion of official controls
Removal of schedule 1 consignments from border control posts of arrival
Measures to be taken on non-compliant schedule 1 consignments
Measures to be taken on schedule 1 consignments
Notification of decisions to refuse the entry of a schedule 1 consignment into Scotland
Notices under this Part
Temporary measures in relation to Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr
Temporary measures in relation to Candidatus Phytoplasma ulmi
Temporary measures in relation to Agrilus planipennis Fairmaire
Exception for controlled material in transit
Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory
Application of this Part
Notification and presentation of schedule 1 consignments
Consignments not correctly presented for official controls
Official controls to be performed on schedule 1 consignments
In this schedule— “basic seed potatoes” has the meaning given...
Revocation of the demarcation of a contaminated plot
Standard sampling rate for official soil test
Lower sampling rate for official soil test
Official tests carried out before 1 July 2010
Further reduction of standard and lower sampling rates
Continued use of lower and reduced sampling rates
Minimum size of soil sample
Action following official soil test or official survey
Notice that sampling unit is infested with Potato Cyst Nematode
Sampling units infested with Potato Cyst Nematode: planting of potatoes not intended for production of seed potatoes
General restrictions on the planting of potatoes
Notice authorising planting of potatoes not intended for production of seed potatoes in sampling units infested with Potato Cyst Nematode
Notice of contamination
Prohibitions following issue of notice of contamination
Notice of contamination: authorisation for movement of potatoes for industrial processing or grading
Notices of infestation or contamination: revocation
Further investigations
Interpretation
Official surveys and testing
Measures to be taken following the confirmation of the presence of Potato Ring Rot
Restrictions in relation to specified plant material or objects contaminated or probably contaminated with Potato Ring Rot
Special Measures
Contaminated place of production – notice (general)
Contaminated place of production – notice in relation to any field also designated as contaminated
Measures in relation to a contaminated place of production
Contaminated place of production – notice in relation to fields other than those referred to in paragraph 31
Contaminated place of production – notice and authorisation where unit of protected crop production also designated as contaminated
Contaminated place of production – notice under paragraph 30 requiring cleansing and disinfecting
Demarcated zone
Interpretation
Official surveys and testing
Measures to be taken following the confirmation of the presence of R. solanacearum
Potato Cyst Nematode
Restrictions in relation to specified plant material or objects contaminated or probably contaminated with R. solanacearum
Contaminated place of production – notice (general)
Contaminated place of production – notice in relation to any field also designated as contaminated
Measures in relation to contaminated place of production
Contaminated place of production – notice in relation to fields other than those referred to in paragraph 42
Contaminated place of production – notice and authorisation where unit of protected crop production also designated as contaminated
Contaminated place of production – notice under paragraph 41
Demarcated zones
Official surveys
An official survey conducted under this Part or Part 4...
Interpretation
Official measures relating to contaminated plots of land
Prohibition on the planting of potatoes on contaminated plots
(1) The Marketing of Vegetable Plant Material Regulations 1995 are...
(1) The Seed Potatoes (Scotland) Regulations 2015 are amended as...
(1) The Marketing of Fruit Plant and Propagating Material (Scotland)...
(1) The Plant Health (Export Certification) (Scotland) Order 2018 is...
(1) The Marketing of Ornamental Plant Propagating Materials Regulations 1999...
(1) The Forest Reproductive Material (Great Britain) Regulations 2002 are...
(1) The Potatoes Originating in Egypt (Scotland) Regulations 2004 are...
In the Plant Health (Potatoes) (Scotland) Order 2006 , in...
(1) The Plant Health (Fees) (Scotland) Regulations 2008 are amended...
(1) The Waste Management Licensing (Scotland) Regulations 2011 are amended...
(1) The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014...
(1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations...
Derogation to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013
- Notify Scottish Ministers of forestry material imports within specified timeframes
Official measures in relation to non-compliant consignments or consignments which pose a risk to plant health
Other duties (1) — Crown / regulator
- Plant health inspector must serve notice on operator for non-compliant consignments Statutory regulator
Transitional provision: approved places of inspection
- Notify Scottish Ministers, seal consignments, and provide movement documents for approved place inspections
Notification requirements in relation to seed potatoes
- Notify plant health inspector before bringing seed potatoes into Scotland
Notification requirements in relation to other plants and plant products
- Notify plant health inspector of solid fuel wood imports from third countries
Browse 51 other sections — procedural / definitional / commencement
Citation, commencement and extent
Interpretation: general
Interpretation: EU instruments
Measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation
Article 82 of the EU Plant Health Regulation: meaning of “close proximity”
Designation of competent authority
Disclosure of information
Suspicion of non-compliance
Consignments not correctly presented for official controls
Notices under regulation 8, 9 or 10
Border control posts: authorisation of inspection centre and commercial storage facilities
Introduction
Notices in relation to controlled plant pests or prohibited material
Action which may be taken by a plant health inspector
Establishment of demarcated areas and measures to be taken in those areas
Temporary national measures
Applications for registration
Other applications
Authorisations for other purposes
Authorisations granted by the Scottish Ministers
Specific measures relating to certain solanaceous species
Notification requirements in relation to citrus fruits
Notification requirements in relation to Tomato brown rugose fruit virus and Rose Rosette virus
Interpretation
Powers of entry
Right of entry conferred by a warrant issued by a sheriff, a summary sheriff or a justice of the peace
Information notices
Failure to comply with a notice
Removal of ISPM 15 mark from wood packaging material
Marking of wood packaging material: power of seizure
Disclosure of information held by Revenue and Customs
Interpretation
Miscellaneous provisions as to notices
Service of notices
General
Failure to comply with requirements of notices etc.
Defence: reasonable excuse for failure to comply with requirements of notices etc.
Provision of false or misleading information
Improper use of ... plant passports , Northern Ireland plant health labels or certificates
Obstruction etc.
Defence: reasonable excuse for obstruction etc.
Offence relating to the disclosure of information held by Revenue and Customs
Defence: lawful disclosure of information held by Revenue and Customs
Offences by bodies corporate, etc.
Penalties
Minor and consequential amendments
Revocation
Transitional provisions: licences under article 39(1) of the Forestry Order or article 41(1) of the 2005 Order
Transitional provisions: other licences under the Forestry Order or the 2005 Order
Transitional provisions: notices
Transitional provisions: approvals granted under article 17(1) of the Forestry Order or article 17(1) of the 2005 Order
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