UK Statutory Instrument
2019
England
The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019
At a glance
Enforced by
What's here
23 compliance obligations
Penalty landscape
1 of 23 obligations carry a criminal penalty. 1 carries different penalties and 21 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 5
- Operator 4
- Occupier 2
Plus 12 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Operators also bound by 730 other Acts (top 5 shown)
- Regulation (EU) No 965/2012 (Air Operations) 2012 138 duties
- Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 2018 121 duties
- Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 2012 112 duties
- Space Industry Regulations 2021 2021 75 duties
- Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 2016 66 duties
Occupiers also bound by 259 other Acts (top 5 shown)
- The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 2021 39 duties
- Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 2006 34 duties
- The Welfare of Animals (Slaughter or Killing) Regulations 1995 1995 34 duties
- Highways Act 1980 1980 23 duties
- Nitrate Pollution Prevention Regulations 2015 2015 18 duties
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.
Part 1 — Introduction
Browse 5 other sections in this Part — procedural / definitional / commencement
Interpretation: general
Interpretation: EU instruments relating to plant health
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”
Part 2 — Competent authorities: plant health
Browse 1 other section in this Part — procedural / definitional / commencement
Designation of competent authorities
Part 3 — Official controls on controlled consignments from third countries and other official controls on goods from third countries
Derogations to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013
- Notify APHA or Forestry Commission before bringing controlled plant consignments into England Operator
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 or risky imports Statutory regulator
Notices under regulation 8, 9 or10
- Comply with plant health notice measures (quarantine, treat, destroy or re-export) Operator
Transitional provision: approved places of inspection
- Notify APHA and secure controlled plant consignments for approved inspection Operator
Browse 3 other sections in this Part — procedural / definitional / commencement
Suspicion of non-compliance
Consignments not correctly presented for official controls
Border control posts: authorisation of inspection centres and commercial storage facilities
Part 4 — Official activities to prevent the establishment or spread of plant pests
Browse 4 other sections in this Part — procedural / definitional / commencement
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
Part 5 — Temporary national measures relating to plant health
Browse 1 other section in this Part — procedural / definitional / commencement
Schedule 1
Part 6 — Registration, authorisations and certificates relating to plant health
Browse 4 other sections in this Part — procedural / definitional / commencement
Applications for registration
Other applications
Authorisations for other purposes
Authorisations granted by an appropriate authority
Part 7 — Measures relating to certain solanaceous species
Browse 1 other section in this Part — procedural / definitional / commencement
Schedule 2
Part 8 — Notification requirements: plant health
Browse 3 other sections in this Part — procedural / definitional / commencement
Notification requirements in relation to seed potatoes
Notification requirements in relation to citrus fruits
Notification requirements in relation to other plants and plant products
Part 9 — General powers of plant health inspectors and enforcement
Browse 9 other sections in this Part — procedural / definitional / commencement
Interpretation
Powers of entry
Right of entry conferred by a warrant issued by 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 the Commissioners for Her Majesty's Revenue and Customs
Disclosure of information to other competent authorities
Part 10 — General and supplemental provisions relating to plant health notices
Browse 2 other sections in this Part — procedural / definitional / commencement
Miscellaneous provisions as to notices
Service of notices
Part 11 — Offences relating to plant health legislation
Browse 11 other sections in this Part — procedural / definitional / commencement
General
Failure to comply with requirements of notices etc.
Defence: reasonable excuse
Provision of false or misleading information
Improper use of ... plant passports , Northern Ireland plant health labels or certificates
Obstruction
Offence relating to the disclosure of information held by Revenue and Customs
Defence: lawful disclosure
Offences by bodies corporate
Offences by partnerships and unincorporated associations
Penalties
Part 11A — Civil Sanctions
Browse 1 other section in this Part — procedural / definitional / commencement
Civil sanctions
Part 12 — Miscellaneous: plant health
Browse 6 other sections in this Part — procedural / definitional / commencement
Minor and consequential amendments
Revocation of plant health instruments
Transitional provisions: licences under article 39(1) of the 2005 Order or article 41(1) of the 2015 Order
Transitional provisions: other licences under the 2005 Order or the 2015 Order
Transitional provisions: notices
Transitional provisions: approvals granted under article 17(1) of the 2005 Order or the 2015 Order
Part 13 — Official controls in relation to genetically modified organisms
Browse 1 other section in this Part — procedural / definitional / commencement
Amendment to secondary legislation on official controls in relation to genetically modified organisms
Part 14 — Review
Browse 1 other section in this Part — procedural / definitional / commencement
Review
Schedules
Official records of investigations and surveys
Other duties (1) — Crown / regulator
- Secretary of State must record and update Potato cyst nematode investigation results Crown / Minister / Government department
Further investigations for the presence of Potato cyst nematodes
Other duties (1) — Crown / regulator
- Secretary of State must investigate Potato cyst nematode breakdown in resistant varieties Crown / Minister / Government department
Official surveys and testing
Other duties (1) — Crown / regulator
- Conduct official surveys and testing for Potato ring rot and take action if suspected Crown / Minister / Government department
General restrictions on the planting of potatoes
- Do not plant imported or uncertified potatoes that fail health tests Any Person
Measures to be taken following the confirmation of the presence of Potato ring rot
Other duties (1) — Crown / regulator
- Secretary of State must designate and investigate Potato ring rot contamination Crown / Minister / Government department
Measures in relation to a contaminated place of production
- Comply with eradication measures for Potato ring rot in contaminated fields Occupier
Measures to be taken in demarcated zones for the control of Potato ring rot
Other duties (1) — Crown / regulator
- Secretary of State must ensure supervision, survey, and seed stock replacement in demarcated zones Crown / Minister / Government department
Official surveys and testing
Other duties (1) — Crown / regulator
- Secretary of State must conduct annual surveys for Potato brown rot and take action on suspected cases Crown / Minister / Government department
Measures to be taken following the confirmation of the presence of Potato brown rot
Other duties (1) — Crown / regulator
- APHA must investigate and zone after Potato brown rot confirmation Crown / Minister / Government department
Restrictions on the planting of potatoes in the protected region
- Follow restrictions on planting potatoes in protected region and keep records Any Person
Measures to be taken in demarcated zones for the control of Potato brown rot
- Comply with notice measures in Potato brown rot demarcated zone Occupier
Additional measures relating to Egyptian potatoes
- Label and only process Egyptian potatoes at approved premises Operator
Official investigations and surveys
Other duties (1) — Crown / regulator
- Ensure official investigations and surveys for Potato cyst nematodes in potato fields Crown / Minister / Government department
Contents of a stop notice
Other duties (1) — Crown / regulator
- Stop notices must include grounds, prohibited activity, compliance steps, appeal rights and consequences Statutory regulator
Offences
Unlimited fine- Fail to comply with a stop notice Any Person
Non-compliance penalties
- Fail to comply with an enforcement notice (non-compliance penalty) Any Person
Recovery of enforcement costs
Other duties (1) — Crown / regulator
- APHA or Forestry Commission may bill you for enforcement costs after compliance action Statutory regulator
Imposition of a variable monetary penalty
Other duties (1) — Crown / regulator
- Regulator may impose variable monetary penalty up to £250,000 for Part 11 offences Statutory regulator
Third party undertakings
- Offer a third party undertaking if you receive a notice of intent Any Person
Browse 78 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 England
Notices under this Part
Temporary measures applying to the introduction of plants, plant products or other objects from third countries
. . . . . . . . . ....
Temporary measures in relation to Candidatus Phytoplasma ulmi
Temporary measures in relation to Agrilus planipennis Fairmaire
National measures in relation to Xylella fastidiosa (Wells et al.)
. . . . . . . . . ....
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— . . . . . . ....
Notices in relation to infested fields and contaminated susceptible material
Prohibition on the planting of potatoes in infested fields
Suppression of Potato cyst nematodes
Controls on contaminated seed potatoes etc.
Controls on potatoes for industrial processing or grading
Controls on contaminated bulbs etc.
Interpretation
Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato ring rot
Additional measures applicable to a unit of protected crop production
In this Schedule— “certified seed potatoes” means pre-basic seed potatoes,...
Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato brown rot
Measures which may be required in relation to a contaminated place of production
Additional measures in relation to units of protected crop production
Interpretation
Official measures relating to contaminated plots of land
Prohibition on the planting of potatoes on contaminated plots
Revocation of the demarcation of a contaminated plot
Interpretation
Official testing
Compliance notice
Final notice
Contents of final notice: compliance and restoration notices
Contents of final notice: fixed and variable monetary penalties
Fixed monetary penalty: discount for early payment
Appeals against a final notice
Fixed monetary penalty: non-payment within the stated payment period
Criminal proceedings
Stop notices
Appeals
Restoration notice
Completion certificates
Compensation
Enforcement undertakings
Contents of an enforcement undertaking
Acceptance of an enforcement undertaking
Discharge of an enforcement undertaking
Inaccurate, incomplete or misleading information
Non-compliance with an enforcement undertaking
Imposition of a fixed monetary penalty
Appeals
Withdrawing or amending a notice
Appeals
Guidance as to the use of civil sanctions
Consultation on guidance
Publication of enforcement action
Notice of intent
Combination of penalties
Discharge of liability – fixed monetary penalties
Making representations and objections
(1) The Marketing of Vegetable Plant Material Regulations 1995 are...
(1) The Marketing of Ornamental Plant Propagating Material Regulations 1999...
(1) The Forest Reproductive Material (Great Britain) Regulations 2002 are...
(1) The Seed Potatoes (England) Regulations 2015 are amended as...
(1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations...
(1) The Marketing of Fruit Plant and Propagating Material (England)...
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
APHA
PrimaryAnimal and Plant Health Agency
Safeguards animal and plant health for the benefit of people, environment and economy. Issues export health certificates, manages disease outbreaks, operates veterinary …
Government department responsible for protecting, expanding, and promoting the sustainable management of woodlands in England. Issues felling licences, administers woodland creation grants, …
Connected legislation
parent Act
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Made under
Plant Health Act 1967 1967 Primary Act
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Regulators
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