UK Statutory Instrument
2019
United Kingdom
The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019
At a glance
Enforced by
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 97 other Schedules — structural / supplementary
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
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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.)
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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
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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— . . . . . . ....
Official records of investigations and surveys
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.
Further investigations for the presence of Potato cyst nematodes
Interpretation
Official surveys and testing
General restrictions on the planting of potatoes
Measures to be taken following the confirmation of the presence of Potato ring rot
Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato ring rot
Measures in relation to a contaminated place of production
Additional measures applicable to a unit of protected crop production
Measures to be taken in demarcated zones for the control of Potato ring rot
In this Schedule— “certified seed potatoes” means pre-basic seed potatoes,...
Official surveys and testing
Measures to be taken following the confirmation of the presence of Potato brown rot
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
Restrictions on the planting of potatoes in the protected region
Additional measures in relation to units of protected crop production
Measures to be taken in demarcated zones for the control of Potato brown rot
Additional measures relating to Egyptian potatoes
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
Official investigations and surveys
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
Contents of a stop notice
Appeals
Restoration notice
Completion certificates
Compensation
Offences
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
Non-compliance penalties
Imposition of a fixed monetary penalty
Appeals
Withdrawing or amending a notice
Recovery of enforcement costs
Appeals
Guidance as to the use of civil sanctions
Consultation on guidance
Publication of enforcement action
Imposition of a variable monetary penalty
Notice of intent
Combination of penalties
Discharge of liability – fixed monetary penalties
Making representations and objections
Third party undertakings
(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)...
Browse 57 other sections — procedural / definitional / commencement
Citation, commencement, extent and application
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”
Designation of competent authorities
Derogations to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013
Suspicion of non-compliance
Consignments not correctly presented for official controls
Official measures in relation to non-compliant consignments or consignments which pose a risk to plant health
Notices under regulation 8, 9 or10
Border control posts: authorisation of inspection centres and commercial storage facilities
Transitional provision: approved places of inspection
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
Schedule 1
Applications for registration
Other applications
Authorisations for other purposes
Authorisations granted by an appropriate authority
Schedule 2
Notification requirements in relation to seed potatoes
Notification requirements in relation to citrus fruits
Notification requirements in relation to other plants and plant products
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
Miscellaneous provisions as to notices
Service of notices
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
Civil sanctions
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
Amendment to secondary legislation on official controls in relation to genetically modified organisms
Review
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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