PART IINTRODUCTORY

Title, extent and commencement

1.  This Order may be cited as the Plant Health (Great Britain) Order 1987, shall apply to Great Britain and shall come into force on 1st November 1987.

Revocation of previous Orders

2.  The Orders specified in column 1 of Schedule 9 are revoked.

Interpretation

3.—(1) In this Order, unless the context otherwise requires—

“appropriate Minister” means in the application of this Order to England the Minister of Agriculture, Fisheries and Food, in its application to Scotland the Secretary of State for Scotland and in its application to Wales the Secretary of State for Wales;

“approved immune variety” means a variety of potatoes approved for the time being by the appropriate Minister as being immune from wart disease of potatoes;

“approved resistant variety” means a variety of potatoes approved for the time being by the appropriate Minister as being resistant to one or more pathotypes of potato cyst nematode;

“authorised officer” means—

“beet cyst nematode” means the cyst forming nematodeHeterodera schachtii Schmidt;

“Central America” means the geographical area comprising Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama and the islands commonly known as the West Indies;

“chrysanthemum” means plants (other than seeds) of those species, cultivars and hybrids of the genusDendranthema(DC.) Des Moulins commonly known as the florists' chrysanthemum;

“Colorado Beetle” means the insectLeptinotarsa decemlineata(Say);

“Customs Act” means the Customs and Excise Management Act 1979(4);

“Directive 77/93/EEC” means Council Directive of 21st December 1976 on protective measures against the introduction into the Member States of harmful organisms of plants or plant products(5) as amended by the instruments listed in Schedule 5;

“the Euro-Mediterranean area” means the geographical area comprising Europe, Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Libya, Malta, Morocco, Syria, Tunisia and Turkey;

“Europe” includes the Canary Islands, but does not include Cyprus, Turkey or the following regions of the Union of Soviet Socialist Republics, namely the Kazakh, Kirghiz, Tadzhik, Turkmen and Uzbek Soviet Socialist Republics and the following regions of the Russian Soviet Federal Socialist Republic, namely the Buryat, Yakut and Tuva Autonomous Soviet Socialist Republics, the Altai, Khabarovsk, Krasnoyarsk and Maritime Krais and the Amur, Chita, Irkutsk, Kamchatka, Kemerovo, Kurgan, Magadan, Novosibirsk, Omsk, Sakhalin, Tomsk and Tyumen Oblasts;

“farm” means the whole of the land which is occupied as a unit for agricultural purposes;

“genetically manipulated material” means material derived from any activity which has involved genetic manipulation and which has resulted or, in the opinion of the appropriate Minister, is likely to result in the production of a plant pest, or any activity which has involved genetic manipulation of a plant pest, and includes material which contains a plant pest which has been genetically manipulated;

“genetic manipulation” means the formation of new combinations of heritable material by the insertion of nucleic acid molecules, produced by whatever means outside the cell, into any virus, bacterial plasmid, or other vector system so as to allow their incorporation into a host organism in which they do not naturally occur but in which they are capable of continued propagation;

“growing medium” means material, intended to sustain the life of plants, which consists wholly or partly of soil or peat (whether used or unused) or of any other solid substance;

“importer” in relation to any plant pest, genetically manipulated material, plant, plant product, agricultural machinery, soil or growing medium includes—

“inspector” means a person appointed by the appropriate Minister to be an inspector for the purposes of this Order;

“landed” includes imported by post and “landing” shall be construed accordingly;

“Member State” means a Member State of the European Community other than the United Kingdom and does not include the Isle of Man or any of the Channel Islands or the French overseas departments, the Canary Islands, Ceuta or Melilla;

“North America” means the geographical area comprising Canada, Mexico and the United States of America (except the state of Hawaii);

“nursery” means any premises wholly or partly used for the cultivation or keeping of plants for the purpose of transplantation or removal to other premises;

“official” in relation to any testing or any other procedure required by this Order to be carried out in respect of any plant, soil or growing medium means carried out by or under the supervision of the Plant Protection Service of the country in which the testing or other procedure is carried out and “officially” shall be construed accordingly;

“phytosanitary certificate” means a certificate duly completed either in the form set out in Schedule 6 or the equivalent in a language other than English;

“place of production” means any premises, normally worked as a unit, together with any contiguous uncultivated land;

“plant” means a living plant or living part of a plant, including any tree, shrub, bush or seed and includes, where the context so admits, any growing medium, packing material and container attached thereto or associated therewith, and “living part of a plant” shall be considered to include—

“plant in tissue culture” means a plant growing in a clear liquid or clear solid aseptic culture medium in a closed transparent container;

“plant pest” means a pathogen, or any living organism other than a vertebrate animal in any stage of its existence, which is injurious to any plant and includes a culture of such pathogen or organism;

“plant product” means a product of plant origin, which is unprocessed or has undergone simple preparation insofar as it is not a plant and includes any packing material and container associated therewith;

“potato” means any tuber or true seed or any other plant ofSolanum tuberosum L. or other tuber-forming species or hybrid of the genusSolanum L.;

“potato cyst nematode” means cyst-forming nematodes of the genusGlobodera Skarbilovich (Behrens) that infest and multiply on potatoes and includes all strains and pathotypes thereof;

“premises” includes any land, building, vehicle, vessel, aircraft, hovercraft or freight container;

“progressive wilt disease” means either the disease of hop plants which is caused by strains ofVerticillium albo-atrum Reinke and Berth. and is known as progressive wilt disease of hops or progressive verticillium wilt of hops or any strain of the fungusVerticillium albo-atrum Reinke and Berth. causing that disease as the context may require;

“raw fruit” does not include dried, dehydrated, lacquered or deep-frozen fruit, and “raw” in relation to fruit of any particular description shall be construed accordingly;

“raw vegetables” does not include potatoes and does not include any other kind of vegetable which has been dried, dehydrated, lacquered, brined, pickled or deep-frozen and “raw” in relation to vegetables of any particular description shall be construed accordingly;

“red core disease of strawberries” means either the disease of strawberry plants which is caused by the fungusPhytophthora fragariae Hickman and is known as red core disease of strawberries or that fungus as the context may require;

“re-forwarding phytosanitary certificate” means a certificate duly completed either in the form set out in Schedule 7 or the equivalent written in a language other than English;

“seed” means seed in the botanical sense, other than seed not intended for planting;

“soil” means material wholly or partly derived from the upper layer of the earth’s crust which is capable of sustaining plant life and which contains solid organic substances such as parts of plants, humus, peat or bark, but does not include material composed entirely of unused peat;

“South America” means the geographical area comprising Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, French Guiana, Guyana, Paraguay, Peru, Surinam, Uruguay and Venezuela;

“third country” means a country or territory other than a Member State, the United Kingdom, the Isle of Man or any of the Channel Islands;

“wart disease of potatoes” means either the disease of potatoes which is caused by the fungusSynchytrium endobioticum(Schilb.) Perc. and is known as wart disease of potatoes or that fungus as the context may require.

(2) Any reference in this Order to a particular plant pest shall be construed as a reference to that pest in any stage of its existence.

(3) Any reference in this Order to premises declared infected with any particular plant pest shall be construed as a reference to premises declared infected with that plant pest by a notice served or having effect as if served under article 15(4) and for the time being in force.

(4) Any reference in this Order to a Member State, third country, Great Britain, Northern Ireland, the Channel Islands or the Isle of Man includes reference to a state, province or region within that Member State, third country, Great Britain, Northern Ireland, the Channel Islands or the Isle of Man.

(5) Any reference in this Order to a numbered article or a numbered Schedule shall be construed as a reference to the article or Schedule so numbered in this Order.

PART IIMEASURES TO PREVENT INTRODUCTION, SPREAD OR CONVEYANCE OF PLANT PESTS

Prohibition on the landing of plant pests, plants, etc.

4.—(1) Subject to paragraph (2) of this article, the landing in Great Britain of the following is prohibited, namely—

(a)any plant pest of a description specified in Part I of Schedule 1;

(b)any plant, plant product, soil or growing medium carrying or infected with a plant pest of a description specified in Part I of Schedule 1;

(c)any plant of a description specified in column 3 of Part II of Schedule 1 carrying or infected with a plant pest of a description specified in column 2 of that Part opposite the reference to such plant;

(d)any plant, agricultural machinery, soil or growing medium of a description specified in column 2 of Schedule 2 which originates in a country (other than Northern Ireland, the Channel Islands or the Isle of Man) specified in column 3 of that Schedule opposite the reference to such plant, agricultural machinery, soil or growing medium;

(e)any plant, soil or growing medium of a description specified in column 2 of Schedule 3 if any of the conditions specified in column 3 of that Schedule opposite the reference to such plant, soil or growing medium are not complied with;

(f)any genetically manipulated material;

(g)any plant pest not associated with a consignment of plants, plant products, agricultural machinery, soil or growing medium (except insofar as such plants, plant products, soil or growing medium are necessary to enable such plant pest to be landed or to sustain its life) being a plant pest which is not normally present in Great Britain and which is injurious to plants in Great Britain.

(2) Notwithstanding paragraph (1)(b) to (d) of this article, a person may land raw fruit, cut flowers and parts of plants for decoration if they are of a description specified in column 2 of Parts V and VII of Schedule 3 and the conditions specified in column 3 of those Parts opposite the reference to such raw fruit, cut flowers and parts of plants for decoration are complied with.

Prohibition on the keeping etc. of plant pests, plants, etc.

5.—(1) Subject to the provisions of this Order, no person shall—

(a)knowingly keep, sell, plant, release, deliver, or otherwise dispose of, or knowingly cause or permit to be kept, sold, planted, released, delivered, or otherwise disposed of—

(i)any plant pest of a description specified in Part I or column 2 of Part II of Schedule 1, except a pest of a description specified in Part III of that Schedule,

(ii)any plant, plant product, soil or growing medium carrying or infected with a plant pest of a description specified in Part I of Schedule 1, except a pest of a description specified in Part III of that Schedule,

(iii)any plant of a description specified in column 3 of Part II of Schedule 1 carrying or infected with a plant pest of a description specified in column 2 of that Part opposite the reference to such plant, except a pest of a description specified in Part III of that Schedule,

(iv)any plant, agricultural machinery, soil or growing medium landed in contravention of article 4(1)(d) or (e),

(v)any genetically manipulated material,

(vi)any plant pest not associated with plants, plant products, soil or growing medium (except insofar as such plants, plant products, soil or growing medium are necessary to sustain the life of such plant pest) being a plant pest which is not normally present in Great Britain and which is injurious to plants in Great Britain;

(b)engage in any activity which involves genetic manipulation of a plant pest or engage in any activity which to his knowledge involves genetically manipulated material.

(2) Nothing in paragraph (1)(a) of this article shall prohibit the destruction, or the delivery to an inspector, of any such plant pest, genetically manipulated material, plant, plant product, agricultural machinery, soil or growing medium referred to in that paragraph.

Phytosanitary certificates for imported plants etc.

6.—(1) Subject to paragraphs (2) and (3) of this article, where by virtue of article 4 the landing of any plant, soil or growing medium is prohibited unless that plant, soil or growing medium is accompanied by a phytosanitary certificate, the phytosanitary certificate shall have been issued in the country in which that plant was grown, or that soil or growing medium originated.

(2) A phytosanitary certificate which relates to plants which are directly consigned to Great Britain from a Member State and are—

(a)bulbs or corms for planting other than corms of gladiolus and bulbs of tulip and narcissus; or

(b)raw fruit of a description specified in column 2 of Part VB of Schedule 3; or

(c)of a description specified in column 2 of Part VIIB of Schedule 3 (certain cut flowers and parts of plants for decoration) other than cut flowers and parts of plants for decoration ofProtea L. andLimonium Mill.;

shall have been issued

(i)in the Member State from which they were so consigned, or

(ii)where the plants to which it relates had been consigned from any other country before being consigned from that Member State to Great Britain, in that Member State or in one of the countries from which it had previously been consigned.

(3) Where any plant, soil or growing medium following its export from Great Britain is re-imported into Great Britain, the phytosanitary certificate shall have been issued in the country from which the plant, soil or growing medium was directly consigned to Great Britain.

Reforwarding phytosanitary certificates for imported plants etc.

7.—(1) Where, after a phytosanitary certificate has been issued, the consignment to which that certificate relates has been stored, repacked or split up in a country other than that in which the certificate was issued, that certificate shall be accompanied by a reforwarding phytosanitary certificate issued in that other country.

(2) Where the address of the consignee shown on a phytosanitary certificate is not in Great Britain and, in the case of a consignment direct from a Member State, the consignment contains tubers of potato or raw vegetables with foliage of the following genera:Apium L.,Beta L.,Brassica L.,Cichorium L.,Daucus L.,Lactuca L.,Petroselinum L. orSpinacia L., that phytosanitary certificate shall be accompanied by a reforwarding phytosanitary certificate issued in each country from which it has been consigned subsequent to the issue of that phytosanitary certificate before being landed in Great Britain.

Exception from requirement of phytosanitary certification

8.  The requirements of article 4(1)(e) shall not apply to—

(a)any plants which—

(i)are landed in Great Britain in the baggage of a passenger or other traveller, and

(ii)are not intended for use in the course of a trade or business, and

(iii)have been grown in the Euro-Mediterranean area or, in the case of citrus fruit, in the Euro-Mediterranean area or North America, and

(iv)are not in any of the following categories, namely

(A)plants intended for planting or propagation ofBeta L.

(B)plants intended for planting or propagation, other than seeds, of the family Gramineae or of the generaCydonia Mill.,Malus Mill.,Prunus L.,Pyrus L. andVitis L.

(C)potatoes

(D)cut flowers of gladiolus and plants of chrysanthemum, and

(v)are in one of the following categories, not exceeding the stated quantities—

(A)raw fruit and raw vegetables, together 2 kilograms

(B)cut flowers and any parts of plants together forming a single bouquet, 1 bouquet

(C)seeds, 5 retail packets, that is to say packets in which the seed in question is normally sold to the consumer (other than for use in the course of a trade or business) or packets of a similar size

(D)bulbs, corms, tubers and rhizomes, free of soil, together 2 kilograms

(E)other plants, 5 plants, or

(b)any plants, soil or growing medium which are directly consigned to Great Britain from Northern Ireland, the Channel Islands or the Isle of Man and which—

(i)originate in any of those countries, or

(ii)were landed in the country from which they are directly consigned to Great Britain in accordance with the plant health requirements of that country.

Official Statements in respect of imported plants etc.

9.  Any official statement required to be made in accordance with column 3 of Schedule 3 in respect of a plant, soil or growing medium shall, except where the said column 3 requires such a statement to appear on a phytosanitary certificate, be deemed to have been made by the issue of a phytosanitary certificate to accompany that plant, soil or growing medium in accordance with this Order.

General provisions relating to certificates

10.—(1) Where a phytosanitary certificate or a reforwarding phytosanitary certificate is issued in a third country in a language other than English it shall incorporate or be accompanied by a translation into the English language, which translation, if it is a document separate from the certificate, shall be completed and signed by an authorised officer.

(2) Subject to paragraph (3) of this article, where a consignment of plants, soil or growing medium has been consigned between two or more countries before being consigned to Great Britain it may be accompanied in the place of any certificate required by this Order by a copy of such certificate issued in the country from which the consignment has been directly consigned to Great Britain and certified as a true copy of the original or a true copy of a certified copy of the original, as the case may be, by an authorised officer.

(3) Paragraph (2) of this article shall not apply in the case of a reforwarding phytosanitary certificate issued in the country from which the consignment was directly consigned to Great Britain, in which case the original reforwarding phytosanitary certificate issued in that country shall accompany the consignment.

(4) A certificate issued by or on behalf of a state, provincial or other regional or local government authority of part of a country, or by or on behalf of any department, service or other organ of such authority shall not be deemed to be a valid phytosanitary certificate or a valid reforwarding phytosanitary certificate for the purposes of this Order unless such authority is the only one empowered to issue, in relation to such part of the country, phytosanitary certificates or reforwarding phytosanitary certificates to accord with the requirements of this Order.

(5) Except in the case of consignments imported into Great Britain by post, any phytosanitary certificate and reforwarding phytosanitary certificate shall be delivered to the proper officer at the same time as, and together with, the entry relating to the consignment. In this paragraph the expression “proper officer” has the like meaning as in the Customs Act and the reference to the entry shall be construed as reference to the entry, delivery of which is to be made in accordance with the provisions of that Act.

(6) In the case of a consignment imported into Great Britain by post any phytosanitary certificate and reforwarding phytosanitary certificate shall be affixed to the outside of the package comprising the consignment or, if the consignment consists of more than one package, such certificate shall be affixed to the outside of one of the packages and copies thereof affixed to the outside of each of the remaining packages.

(7) All phytosanitary certificates and reforwarding phytosanitary certificates produced when plants, soil or growing medium are landed in Great Britain shall be stamped or otherwise endorsed by an officer of Customs and Excise showing the date on which the plant, soil or growing medium is cleared from Customs charge.

Period during which inspections are to be made and certificates issued

11.—(1) Except for an inspection which is required to be carried out for the purposes of making an official statement in accordance with a condition referred to in column 3 of Schedule 3, an inspection carried out for the purposes of issuing a phytosanitary certificate or a reforwarding phytosanitary certificate shall be carried out not more than 14 days, and in the case of a phytosanitary certificate accompanying a consignment of chrysanthemums (not being a consignment of chrysanthemum cut flowers) not more than 48 hours, before the date of the despatch of the consignment to which the inspection relates.

(2) A phytosanitary certificate or a reforwarding phytosanitary certificate shall not be valid for the purposes of this Order unless it has been completed and signed by an authorised officer not more than 14 days, and in the case of a phytosanitary certificate accompanying a consignment of chrysanthemums (not being a consignment of chrysanthemum cut flowers) not more than 48 hours, before the date of despatch of the consignment which it is to accompany and after the carrying out of any inspection referred to in paragraph (1) of this article which relates to that consignment.

Exports of plants etc. to Member States

12.—(1) Subject to paragraph (6) of this article, no person shall export from Great Britain to a Member State any consignment of plants or growing medium of a description specified in column 2 of Part I of Schedule 4 unless the consignment is accompanied by—

(a)a phytosanitary certificate issued by an authorised officer; or

(b)in the case of a consignment to which this sub-paragraph applies (and without prejudice to paragraph (4) of this article), a reforwarding phytosanitary certificate issued by an authorised officer.

(2) No phytosanitary certificate shall be issued for the purposes of paragraph (1)(a) of this article unless the entire consignment or a representative sample taken from it, its packaging (and, where necessary, the vehicle in which it is carried) have been examined by an inspector in order to ensure that the consignment complies with such requirements of the Member State concerned as are adopted in accordance with the provisions of Directive 77/93/EEC.

(3) Paragraph (1)(b) of this article applies to a consignment which—

(a)is imported from a Member State or a third country;

(b)is to be re-exported to a Member State; and

(c)when imported, was accompanied by a phytosanitary certificate.

(4) No person shall export from Great Britain to a Member State any consignment of plants or growing medium which—

(a)is of a description specified in Schedule 4, and

(b)originated in another Member State or a third country

unless the consignment is accompanied by a phytosanitary certificate issued in the country of origin or by a certified copy of that certificate.

(5) Applications for phytosanitary certificates or reforwarding phytosanitary certificates shall be made to the appropriate Minister in such form and manner, and giving such information, as he may require.

(6) Paragraph (1) of this article does not apply to the export from Great Britain of any consignment of plants or growing medium which is imported from a Member State or third country and re-exported to a Member State without being stored, repacked or split up in Great Britain.

Notification of the presence or suspected presence of certain plant pests

13.—(1) The occupier or other person in charge of any premises who knows or suspects that any plant pest to which this article applies or any genetically manipulated material is present on the premises or any other person who, in the course of his duties or business, becomes aware or suspicious of the presence of such plant pest or genetically manipulated material on any premises, shall immediately give notice to the appropriate Minister of the presence or suspected presence of such plant pest or genetically manipulated material and shall as soon as reasonably practicable after giving such notice confirm it in writing.

(2) This article applies to any plant pest—

(a)which is of a description specified in Part I or column 2 of Part II of Schedule 1 other than a plant pest of a description specified in Part III of that Schedule; or

(b)which is mentioned in column 3 of Schedule 3; or

(c)which is not normally present in Great Britain and which is injurious to plants in Great Britain.

Notification of the likely entry into, or presence in, a free zone of plant pests, plants etc.

14.—(1) The responsible authority for a free zone who knows or suspects that any plant pest, genetically manipulated material, plant, soil or growing medium to which this article applies is likely to enter, or is present in, the free zone for which he is the responsible authority, shall immediately give notice of that fact to the appropriate Minister and shall as soon as reasonably practicable after giving such notice confirm it in writing.

(2) This article applies to any—

(a)plant pests;

(b)genetically manipulated material;

(c)plants, planted or intended for planting other than tubers of potato and seeds;

(d)seeds of a description specified in column 2 of Schedule 2 or in column 2 of Part IV of Schedule 3;

(e)tubers of potato;

(f)cut flowers;

(g)raw fruit and raw vegetables; and

(h)soil and growing medium

which have been, or are likely to be, landed in Great Britain, and have not been cleared from Customs charge.

(3) In this article “the responsible authority” and “free zone” have the same meaning as in the Customs Act(6).

Actions which may be taken by an inspector

15.—(1) If an inspector has reasonable grounds for suspecting that any plant pest, genetically manipulated material, plant, plant product, agricultural machinery, soil or growing medium is likely to be, or has been, landed in Great Britain in contravention of this Order, he may by notice in writing served on the importer or any person in charge of the vessel, aircraft, vehicle, hovercraft or freight container from which such plant pest, genetically manipulated material, plant, plant product, agricultural machinery, soil or growing medium is likely to be, or has been landed—

(i)prohibit the landing;

(ii)specify the manner in which the landing is to be carried out and the precautions which are to be taken during and subsequent to the landing;

(iii)require the plant pest, genetically manipulated material, plant, plant product, agricultural machinery, soil or growing medium to be treated, re-exported, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;

(iv)prohibit the removal of the plant pest, genetically manipulated material, plant, plant product, agricultural machinery, soil or growing medium from premises specified in the notice;

(v)require the removal of the plant pest, genetically manipulated material, plant, plant product, agricultural machinery, soil or growing medium to premises specified in the notice in such manner and within such reasonable time as may be so specified;

(vi)require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the introduction or spread of any plant pest or genetically manipulated material in such manner and within such reasonable time as may be specified in the notice.

(2) If an inspector has reasonble grounds for suspecting that there is present or there is likely to be present on any premises—

(a)any plant, plant product, soil, hop pole or hop picking machine as a consequence of the contravention of articles 21, 26, 29 to 32, 34 or 36 to 41;

(b)any plant pest of a description specified in Part I or column 2 of Part II of Schedule 1 (other than a plant pest of a description specified in Part III of that Schedule) or which is mentioned in column 3 of Schedule 3;

(c)any plant pest which is not normally present in Great Britain and in respect of which there is in the opinion of an inspector an imminent danger of its spreading or being spread in Great Britain;

(d)any plant, plant product, soil or growing medium which is carrying or infected with, or which may be carrying or infected with, a plant pest mentioned in sub-paragraphs (b) or (c) of this paragraph;

(e)any genetically manipulated material;

he may by notice in writing served on the occupier or other person in charge of the premises or of any of the things mentioned in sub-paragraph (a) to (e) of this paragraph—

(i)require any of the things so mentioned to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;

(ii)prohibit the removal of those things or impose such other prohibitions as appear to the inspector to be necessary to prevent the spread of any plant pest or genetically manipulated material;

(iii)require the removal of those things to premises specified in the notice in such manner and within such reasonable time as may be so specified;

(iv)require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the spread of any plant pest or genetically manipulated material in such manner and within such reasonable time as may be specified in the notice.

(3) If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of any plant pest or genetically manipulated material from the premises mentioned in paragraph (2) of this article, he may by notice in writing served on the occupier or other person in charge of any other premises impose such prohibitions and require the taking of such reasonable steps, specified in the notice, as appear to him to be necessary for that purpose, such steps to be taken in such manner and within such reasonable time as may be specified in the notice.

(4) If an inspector has reasonable grounds for suspecting that any plant pest of a description specified in Schedule 8 other than potato cyst nematode is present on any premises, or if, in consequence of the examination of a sample of soil taken from any premises for the purpose of preventing the spread of potato cyst nematode or for any other purpose of this Order, it appears to an inspector that those premises are infected with potato cyst nematode, he may by notice in writing served on the occupier or other person in charge of such premises declare the premises infected with the appropriate plant pest for the purposes of Part III of this Order, the provisions of which shall be without prejudice to the provisions of this article.

(5) An inspector may serve on the occupier or other person in charge of premises which surround, adjoin or are in close proximity to premises declared infected with wart disease of potatoes a notice declaring the first mentioned premises to be a safety zone.

(6) Any notice served under paragraph (4) or (5) of this article may define by reference to a map or plan or otherwise the extent of the premises declared in the notice to be infected, or to be a safety zone, as the case may be.

Miscellaneous provisions as to notices

16.—(1) A notice served under paragraph (1) or (2) of article 15 may specify one or more requirements or alternative requirements.

(2) A notice served under paragraph (1)(iii) or paragraph (2)(i) of article 15 requiring any plant pest, genetically manipulated material, plant, plant product, soil or growing medium to be destroyed or otherwise disposed of, may contain provisions deferring the destruction or disposal for such period and subject to such conditions, if any, as may be specified in the notice.

(3) Where the destruction or disposal of any plant pest, genetically manipulated material, plant, plant product, soil or growing medium has been deferred under paragraph (2) of this article, the person on whom the notice is served shall be permitted, within the period specified in the notice, to destroy or dispose of the plant pest, genetically manipulated material, plant, plant product, soil or growing medium. If the person on whom the notice is served fails to destroy or dispose of the plant pest, genetically manipulated material, plant, plant product, soil or growing medium within the period specified in the notice to the satisfaction of an inspector, the destruction or disposal required by the notice shall be carried out by that person within two days following the expiry of the period specified in the notice or within such shorter or longer period as may be specified in writing by an inspector.

(4) Any treatment, re-exportation, destruction or disposal required by a notice served under article 15 shall be carried out by the person on whom the notice is served to the satisfaction of an inspector from or at a place designated by an inspector and, except with the written authority of an inspector or any other officer of the appropriate Minister, none of the plant pests, genetically manipulated material, plants, plant products, agricultural machinery, soil, growing medium, hop poles or hop picking machines shall be moved otherwise than directly to such a place.

(5) An inspector may amend or withdraw a notice served by an inspector under this Order or having effect as if so served by a further notice served on the person on whom the original notice was served or on the person who is the occupier or in charge of the premises in respect of which the further notice is intended to be served. The amendment or withdrawal of a notice may be subject to such conditions, if any, as the inspector considers expedient to impose for the purpose of preventing the introduction or spread of any plant pest or re-infection with the plant pest to which the original notice relates.

(6) (a) A notice under this Order may be served on any person either—

(i)by delivering it to him personally, or

(ii)by leaving it for him at his last known place of abode or business, or

(iii)by sending it through the post addressed to him at his last known place of abode or business.

(b)A notice may—

(i)in the case of a body corporate, be served on the secretary or clerk of that body at the address of the registered or principal office of that body,

(ii)in the case of a partnership, be served on a partner or person having the control or management of the partnership business or in Scotland, the firm at the principal office of the partnership.

Examination, sampling and marking

17.—(1) Subject to article 20, an inspector may, on production if so required of his authority—

(a)at all reasonable times for the purpose of ascertaining whether any plant pest of a description specified in Part I or column 2 of Part II of Schedule 1, or which is mentioned in column 3 of Schedule 3 or in Schedule 8, or a plant pest which is not normally present in Great Britain and which is injurious to plants in Great Britain, exists on any premises, or for any other purpose of this Order, enter any premises and examine and mark any part of the premises or any objects on the premises and examine, take samples of and mark any plant pests, genetically manipulated material, plants, plant products, soil or growing medium and any container or other package which has been or may have been in contact therewith;

(b)for the purposes of the examinations referred to in paragraph (a) of this article, open or authorise any person to open on his behalf or require the importer or any person in charge of any such container or other package to open, in such manner as the inspector may specify, that container or other package;

(c)if and insofar as is necessary for the purposes of the examinations referred to in paragraph (1)(a) of this article, prohibit entirely, or to such extent as he may indicate, the movement of any plant pests, genetically manipulated material, plants, plant products, soil, growing medium, container, or other package or of any material or object by means of which in his opinion a plant pest may spread.

(2) An inspector entering any premises under paragraph (1) of this article may take with him such persons, equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under that paragraph.

Information as to compliance with notices

18.—(1) The person on whom a notice has been served under this Order, or under an Order revoked by this Order, shall, if so required by an inspector, immediately inform the inspector whether the requirements of the notice have been complied with and, if they have been complied with, of the details of the steps taken in order to comply with those requirements.

(2) Any information given under this article shall not be used as evidence against the person giving the information in any prosecution, except in respect of an alleged failure to comply with this article.

Failure to comply with a notice

19.—(1) Subject to article 20, if any person fails to comply with the requirements of a notice served, or having effect as if served, under this Order then, without prejudice to any proceedings consequent upon such failure, an inspector may, on production if so required of his authority, at all reasonable times for the purposes of this Order enter any premises on which the plant pest, genetically manipulated material, plant, plant product, agricultural machinery, soil, growing medium, hop pole or hop picking machine to which the notice relates may be present or in respect of which a notice under article 28 has been served and take or cause to be taken such steps as appear to him to be necessary either to ensure compliance with the requirements of the notice or to remedy the consequences of the failure to carry them out, and all reasonable costs of taking such steps shall be recoverable by the appropriate Minister as a civil debt from the person on whom the notice was served.

(2) An inspector entering any premises under paragraph (1) of this article may take with him such persons, equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under that paragraph.

Power to enter premises used wholly or mainly as a dwelling

20.—(1) The power to enter premises conferred by articles 17, 19 and 27 of this Order may be exercised by an inspector to enter premises used wholly or mainly as a dwelling only if he has been granted a warrant by—

(a)in England and Wales, a justice of the peace; or

(b)in Scotland, a sheriff or a justice of the peace.

(2) A justice of the peace or sheriff may grant a warrant under paragraph (1) of this article only if he is satisfied—

(a)that admission to any premises has been refused, or is likely to be refused, or that the case is one of urgency, or that a request for admission might prejudice the purpose of the entry; and

(b)that there is reasonable ground for entry under articles 17, 19 or 27, as the case may be.

(3) A warrant granted under paragraph (1) of this article shall remain in force—

(a)for one month; or

(b)until the purpose for which the warrant is granted has been fulfilled,

whichever period is the shorter.

Restriction on the planting of imported potatoes

21.—(1) Without prejudice to article 22, no person shall plant or knowingly cause or permit to be planted in Great Britain any potatoes which have been grown in any place outside Great Britain, Northern Ireland, the Channel Islands, the Isle of Man, a Member State (other than Denmark or the Federal Republic of Germany), Austria or Switzerland.

(2) Potatoes referred to in paragraph (1) of this article shall include any potatoes which have been derived from such potatoes.

(3) This article shall not apply to any potatoes which have been landed in Great Britain under and in accordance with the conditions of a licence granted under article 42 or which have been derived from potatoes which have been so landed.

Restriction on the movement to and planting of potatoes in the protected region

22.—(1) For the purposes of this article “the protected region” means the whole of Scotland and the following parts of England, namely, the county of Northumberland excluding the district of Blyth Valley and Wansbeck, and the county of Cumbria excluding the districts of Barrow-in-Furness and South Lakeland.

(2) The provisions of this article shall have effect for the purpose of preventing the spread of plant pests to or in the protected region.

(3) No person shall plant or knowingly cause or permit to be planted in the protected region any potatoes which have been grown in any place outside that region and no person shall bring or knowingly cause to be brought into the protected region any such potatoes for planting in that region.

(4) Where the appropriate Minister has reason to believe that potatoes have been planted in or brought into the protected region contrary to the provisions of paragraph (3) of this article, he may by notice in writing served on any person who appears to him to be in charge of or in possession of such potatoes or of any potatoes derived from such potatoes prohibit the planting thereof in that region or the removal thereof from any premises specified in the notice otherwise than in accordance with such conditions as may be so specified and may by such notice require the treatment or destruction thereof or the removal thereof to any other place so specified, by such person in such manner and in accordance with such conditions and within such reasonable time as may be specified in the notice and to the satisfaction of an inspector.

PART IIIADDITIONAL MEASURES TO PREVENT SPREAD OF PARTICULAR PLANT PESTS

Colorado Beetle

Display of notices

23.  Every person who is the occupier or other person in charge of premises declared infected with Colorado Beetle shall, if so required by an inspector, display and keep displayed so long as the notice by which the premises were declared so infected is in force, in prominent positions on the infected premises, such number of copies of that notice, or any other notice or sign indicating that the premises are infected, as the inspector shall supply to him for the purpose.

Restriction on entry to infected premises

24.  No person other than the occupier or other person in charge of premises declared infected with Colorado Beetle, or the servants or agents of such occupier or other person in charge, shall enter such premises except with the authority of an inspector, and the occupier or other person in charge of such premises shall take all reasonable steps to prevent any unauthorised person from entering.

Restriction on planting on infected premises

25.  No person shall plant any crop on premises declared infected with Colorado Beetle without the written authority of an inspector.

Restriction on removal of crops from infected premises

26.  No person shall, without the authority of an inspector, remove or knowingly cause or permit to be removed from any premises declared infected with Colorado Beetle any potatoes, or any other plants of the family Solanaceae, and the occupier of any such premises shall take all reasonable steps to prevent removal in contravention of this article.

Actions which may be taken by an inspector

27.—(1) Subject to article 20, an inspector may, on production if so required of his authority, at all reasonable times enter any premises declared infected with Colorado Beetle and any premises to which, in the opinion of the inspector, Colorado Beetle may spread and treat such premises and treat, remove or destroy or otherwise dispose of, or cause to be treated, removed, destroyed or otherwise disposed of, any crop growing or stored on such premises and may take or cause to be taken such other steps as the inspector may think expedient for preventing the spread of Colorado Beetle.

(2) Nothing in paragraph (1) of this article shall authorise the destruction of any crop growing on premises which have not been declared infected with Colorado Beetle.

(3) An inspector entering any premises mentioned in paragraph (1) of this article may take with him such persons, equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under that paragraph.

(4) The owner of the crop and the occupier or other person in charge of premises mentioned in paragraph (1) of this article, shall give all reasonable assistance for the purpose of facilitating the exercise of the powers conferred by this article.

(5) Without prejudice to paragraphs (1) to (4) of this article, the appropriate Minister may treat or cause to be treated by aerial spray any premises mentioned in paragraph (1) of this article or any crop growing or stored on such premises.

28.  An inspector may, by notice in writing served on the occupier or other person in charge of any premises declared infected with Colorado Beetle, require him in any year to plant or cause to be planted within such reasonable time as may be specified in the notice, and to grow or cause to be grown on the premises, potatoes of such varieties and in such quantities as the inspector may determine.

Red core disease of strawberries

Restriction on the sale, delivery and planting of infected strawberry plants

29.—(1) No person shall—

(a)sell or deliver to any other person; or

(b)plant or knowingly cause or permit to be planted on any premises other than premises declared infected with red core disease of strawberries,

any strawberry plant runner or other strawberry plant (other than fruit) which he knows or suspects to be infected with red core disease of strawberries or which he knows or suspects to have been grown on premises declared infected with red core disease of strawberries.

(2) Paragraph (1) of this article shall not apply to Scotland.

Fire blight disease

Prevention of the spread of fire blight disease

30.—(1) No person shall bud or graft, or knowingly cause or permit to be budded or grafted, any tree or rootstock with any bud or scion of the pear variety Laxton’s Superb or otherwise propagate, or knowingly cause or permit to be propagated, any pear tree of that variety.

(2) No person shall plant on any premises a tree which is wholly or partly of the pear variety Laxton’s Superb.

(3) For the purposes of Part III of Schedule 1 “the fire blight free region” means the region comprising Scotland and the counties of Northumberland, Cumbria, Tyne and Wear, Durham, Cleveland and North Yorkshire (except the district of Selby and the Borough of York).

Potato cyst nematode

Restriction on the planting, sale etc. of potatoes

31.—(1) No person shall plant or knowingly cause or permit to be planted any potatoes on any premises in his occupation or under his charge declared infected with potato cyst nematode.

(2) No person shall remove for transplanting elsewhere from any premises declared infected with potato cyst nematode any plants which have been grown or stored on those premises.

32.—(1) If in consequence of the examination of a sample of the soil taken from any premises by an inspector for the purposes of this Order those premises appear not to be infected with potato cyst nematode, an inspector may issue a written certificate to that effect in relation to those premises.

(2) Unless previously amended or withdrawn, such a certificate shall remain in force until the expiration of 48 months from the taking of the sample mentioned in the certificate or until potatoes are planted on the premises to which the certificate relates, whichever is the earlier.

(3) No person shall sell, offer or expose for sale, deliver or knowingly cause or permit to be delivered or otherwise pass from his possession any potatoes grown by him and intended for planting unless immediately before the planting of the potatoes from which those potatoes were produced there was in force in relation to the premises on which they were grown a written certificate issued or having effect as if issued in accordance with paragraph (1) of this article.

Prohibition of misdescription of potatoes

33.—(1) No person shall sell or offer or expose for sale or knowingly cause or permit to be sold or offered or exposed for sale as being of approved resistant varieties any potatoes which are not of approved resistant varieties.

(2) A person shall not be liable to conviction for a failure to comply with, or a contravention of, conditions of a licence granted or having effect as if granted under this Order relating to the planting of approved resistant varieties if he proves to the satisfaction of the court that the potatoes were sold to him as potatoes of approved resistant varieties and that he did not know that the potatoes were not of approved resistant varieties.

Wart disease of potatoes

Restrictions on the planting, sale etc. of potatoes

34.—(1) No person shall plant or knowingly cause or permit to be planted any potatoes on any premises in his occupation or under his charge declared infected with wart disease of potatoes.

(2) Subject to paragraph (3) of this article, no person shall plant or knowingly cause or permit to be planted on any premises in his occupation or under his charge—

(a)which have been declared a safety zone by a notice served or having effect as if served under article 15(5); or

(b)as respects premises in England or Wales, in respect of which a notification of the presence or apparent presence of wart disease of potatoes was given before the commencement of the Wart Disease of Potatoes Order 1958(7) by the then occupier or other person then in charge of the premises or by the Minister of Agriculture, Fisheries and Food,

any potatoes which are not of an approved immune variety, or, in the case of any premises which surround, adjoin or are in close proximity to premises on which wart disease of potatoes of any race other than the common European race is present and in respect of which an inspector so directs by notice in writing served on that person, any potatoes whatsoever except such variety or varieties, if any, as an inspector may authorise in writing to be planted on those premises.

(3) The provisions of paragraph (2) of this article shall not apply as respects any premises of a kind described in paragraph (2)(b) of this article if an inspector has served on the occupier or other person in charge of those premises a notice in writing declaring that the provisions of that paragraph shall not apply as respects those premises.

(4) No person shall remove for transplanting elsewhere from any premises declared infected with wart disease of potatoes any plants which have been grown or stored on those premises.

(5) No person shall sell or offer or expose for sale for planting or deliver or knowingly cause or permit to be sold, offered or exposed for sale for planting or delivered for planting or knowingly cause or permit to be planted any potatoes from a crop grown on premises declared infected with wart disease of potatoes.

Prohibition of misdescription of potatoes

35.—(1) No person shall sell or offer or expose for sale or knowingly cause or permit to be sold or offered or exposed for sale as potatoes of an approved immune variety any potatoes which are not of an approved immune variety.

(2) A person shall not be liable to conviction for a contravention of article 34(2) if he proves to the satisfaction of the court that the potatoes were sold to him as potatoes of an approved immune variety and that he did not know that the potatoes were not of an approved immune variety.

Restriction on the removal of soil from infected premises

36.  No person shall remove, or knowingly cause or permit to be removed, any soil from any premises declared infected with wart disease of potatoes, so that it may be used or disposed of where that disease is not present.

Beet cyst nematode

Restriction on the planting of certain plants

37.  No person shall sow or plant or knowingly cause or permit to be sown or planted any seed or other plant of the families Chenopodiaceae and Cruciferae including sugar beet, fodder beet, spinach beet, Swiss chard (also known as seakale beet), red beet, mangel, cabbage, kale, cauliflower, broccoli, calabrese, Brussels sprout, turnip, swede, rape or coleseed (including turnip rape and swede rape), mustard, cress or kohl-rabi on any premises declared infected with beet cyst nematode.

Progressive wilt disease

Destruction of dead and dying bines and leaves of hop plants etc.

38.  The occupier or other person in charge of any farm who knows or suspects that progressive wilt disease exists thereon, shall with all practicable speed from time to time destroy by fire on the farm all dead and dying bines and leaves of hop plants which may be present there.

Restriction on the movement of hop plants etc.

39.  No person shall move or knowingly cause or permit to be moved any hop plant (other than a hop cone), used hop pole or used hop picking machine from or into any farm in England or Wales.

Restriction on the planting or movement for planting of hop plants grown in certain counties

40.  Subject to article 39, no person shall—

(a)plant or knowingly cause or permit to be planted outside Kent, East Sussex or West Sussex any hop plant grown in those counties;

(b)plant or knowingly cause or permit to be planted outside Surrey, Hampshire, Oxfordshire, Kent, East Sussex, or West Sussex any hop plant grown in Surrey, Hampshire or Oxfordshire; or

(c)plant or knowingly cause or permit to be planted outside Hereford and Worcester, Shropshire, Surrey, Hampshire, Oxfordshire, Kent, East Sussex or West Sussex any hop plant grown in Hereford and Worcester or Shropshire.

Restriction on the planting or sale for planting of certain hop plants

41.—(1) For the purposes of this article “the specified area” means the area comprising the counties of—

(a)East Sussex,

(b)West Sussex except that part which lies west of the A24 road, and

(c)Kent except that part which lies east of a line following the A20 road from Folkestone to Maidstone, the A229 road from Maidstone to Rochester, the A2 road from Rochester to Strood, the A228 road from Strood and the B2001 road to Grain.

(2) No person shall—

(a)plant or knowingly cause or permit to be planted outside the specified area; or

(b)sell, in the knowledge that such plant is intended for planting outside the specified area,

any hop plant other than a hop plant of one of the following varieties, namely

• Brewers Gold

• Bullion

• Fuggle

• Male 1/63/45

• Male 12/97/91

• Male 24/68/8

• Male 24/68/103

• Northern Brewer

• Omega

• Silks B

• Silks C

• True Golding varieties

• Wye Challenger

• Wye Northdown

• Wye Target

• Wye Viking

• Wye Yeoman

• Zenith

PART IVGENERAL

Licences

42.  Notwithstanding the provisions of this Order any plant pest, genetically manipulated material, plant, plant product, soil or growing medium may be landed, kept, released, delivered, sold, planted or otherwise disposed of in Great Britain, and any other thing prohibited by this Order may be done, under the authority of a licence, whether general or specific, granted by the appropriate Minister and in accordance with the conditions, if any, of that licence.

The Customs Act

43.  The provisions of this Order shall apply without prejudice to the Customs Act.

Powers of an officer of Customs and Excise

44.—(1) An inspector may request an officer of Customs and Excise (either orally or in writing) to prohibit the removal of any plant pest, genetically manipulated material, plant, plant product, agricultural machinery, soil or growing medium which has not been cleared from Customs charge until it has been examined by an inspector and such request may identify the plant pest, genetically manipulated material, plant, plant product, agricultural machinery, soil or growing medium in any way. A request made orally under this paragraph shall be confirmed in writing.

(2) Where a request has been made under paragraph (1) of this article, the officer of Customs and Excise shall, by notice in writing served upon the importer, require that, until the plant pest, genetically manipulated material, plant, plant product, agricultural machinery, soil or growing medium has been examined by an inspector, it shall not be removed from the place specified in the notice and he shall at the same time inform an inspector of the contents of the notice.

(3) An inspector shall, without undue delay, examine any plant pest, genetically manipulated material, plant, plant product, agricultural machinery, soil or growing medium in respect of which a notice has been served by an officer of Customs and Excise under this article and shall advise that officer in writing of the terms of any notice issued and of any other action taken by the inspector in accordance with this Order.

(4) Where an officer of Customs and Excise has served a notice under paragraph (2) of this article prohibiting removal of any plant pest, genetically manipulated material, plant, plant product, agricultural machinery, soil or growing medium, nothing to which the notice relates shall be removed by any person except with the written authority of either the said officer or an inspector.

Information to be given

45.—(1) Any person who—

(a)is the owner or occupier or other person in charge of premises in respect of which a notice has been served or which has effect as if it has been served under paragraph (4) or (5) of article 15, or on which an inspector knows or has reason to suspect that hop plants, hop plant products or hop poles are or have been present; or

(b)has or has had, or is reasonably suspected by an inspector or any other officer of the appropriate Minister to have or have had in his possession or under his charge,

(i)any potatoes, hop plants, hop plant products or hop poles, or

(ii)any plant pest which is of a description specified in Part I or column 2 of Part II of Schedule 1 or which is mentioned in column 3 of Schedule 3, or

(iii)any plant pest which is not normally present in Great Britain and which is injurious to plants in Great Britain, or

(iv)any plant, plant product, soil or growing medium carrying or infected with a plant pest mentioned in paragraph (1)(b)(ii) or (iii) of this article, or

(v)any plant, plant product, agricultural machinery, soil or growing medium which an inspector or any other officer of the appropriate Minister knows to have been landed or suspects has been landed in, or exported from, Great Britain, or

(vi)any genetically manipulated material; or

(c)as auctioneer, salesman or otherwise, has sold or offered for sale any of the things mentioned in sub-paragraph (b) of this article;

shall, if so required by an inspector or any other officer of the appropriate Minister by notice in writing, give to the said inspector or officer within such reasonable time as may be specified in that notice, any information he may possess as to crops grown at any time on the premises mentioned in sub-paragraph (a) of this article, as to any of the things mentioned in sub-paragraphs (a) or (b) of this article and as to the persons who have or have had or are likely to have or have had any of the last mentioned things in their possession or under their charge, and shall produce for examination by the inspector any licences, declarations, certificates, records, invoices or other documents relating to such things.

(2) Any information given under this article shall not be used as evidence against the person giving the information in any prosecution, except in respect of an alleged failure to comply with this article.

Offences

46.—(1) Subject to paragraph (4) of this article, no person shall contravene, or fail to comply with, a provision of this Order or a provision or condition of a notice served or having effect as if served or a licence granted or having effect as if granted in accordance with the provisions of this Order.

(2) No person shall for the purpose of procuring the issue of a phytosanitary certificate or a reforwarding phytosanitary certificate under article 4 or of a licence under article 42—

(a)make a statement which he knows to be false in a material particular;

(b)recklessly make a statement which is false in a material particular; or

(c)intentionally fail to disclose any material particular.

(3) No person shall intentionally obstruct an inspector or any person authorised by an inspector in the exercise of his powers given by or under this Order.

(4) Paragraph (1) of this article shall not apply to the landing in Great Britain of articles of any description in contravention of a prohibition imposed by or under this Order.

47.  A person shall be guilty of an offence who, without reasonable excuse, proof of which shall lie on him, contravenes or fails to comply with any provision of article 46 and shall be liable on summary conviction to a fine not exceeding £2,000.

Articles 4(1) and 5(1)

SCHEDULE 1PLANT PESTS

PART IPLANT PESTS WHICH(1) MAY NOT BE LANDED(2) MAY NOT BE KEPT etc. UNLESS SPECIFIED IN PART III(3) MUST BE NOTIFIED UNLESS SPECIFIED IN PART III

A.Live organisms of the animal kingdom at all stages of their existence

1.  Amauromyza maculosa(Malloch)—an American leafminer

2.  Cacoecimorpha pronubana(Hübner)—Carnation Tortrix Moth

3.  Ceratitis capitata(Wiedemann)—Mediterranean Fruit Fly

4.  Comstockaspis perniciosa(Comstock) (syn.Quadraspidiotus perniciosus(Comstock))—San José Scale

5.  Conotrachelus nenuphar(Herbst)—Plum Curculio (a weevil)

6.  Epichoristodes acerbella(Walker)—African Carnation Tortrix Moth

7.  Frankliniella occidentalis(Pergande)—Western Flower Thrips

8.  Globodera rostochiensis(Wollenweber) Behrens andGlobodera pallida(Stone) Behrens— Potato Cyst Nematodes

9.  Helicoverpa armigera(Hübner) andH. zea(Boddie)—Old and New World Bollworms

10.  Hyphantria cunea(Drury)—Fall Webworm

11.  Leptinotarsa decemlineata(Say)—Colorado Beetle

12.  Liriomyza huidobrensis(Blanchard),L. sativae Blanchard andL. trifolii(Burgess)—American Leafminers

13.  Phthorimaea operculella(Zeller)—Potato Tuber Moth

14.  Popillia japonica Newman—Japanese Beetle

15.  Rhagoletis cerasi(L.)—European Cherry Fruit Fly

16.  Spodoptera littoralis(Boisduval)—Mediterranean Climbing Cutworm

17.  Spodoptera litura(Fabricius)—Asian and Pacific Cutworm

18.  Trypetidae (non-European):

(a)Rhagoletis cingulata(Loew)—North American Cherry Fruit Fly

(b)Rhagoletis completa Cresson—Walnut Husk Fly

(c)Rhagoletis fausta(Osten Sacken)—Black Cherry Fruit Fly

(d)Rhagoletis pomonella(Walsh)—Apple Fruit Fly

(e)Anastrepha fraterculus(Wied.)—South American Fruit Fly

(f)Anastrepha ludens(Loew)—Mexican Fruit Fly

(g)Anastrepha mombinpraeoptans Sein—West Indian Fruit Fly

(h)Ceratitis rosa Karsch—Natal Fruit Fly

(i)Dacus cucurbitae(Coq.)—Melon Fly

(j)Dacus dorsalis Hendel—Oriental Fruit Fly

(k)Other harmful Trypetidae in so far as they do not exist in Europe.

B.Bacteria

1.  Clavibacter michiganense pv.sepedonicum(Spieck. and Kotth.) Daviset al.(syn.Corynebacterium sepedonicum(Spieck. and Kotth.) Skapt. and Burkh.), the cause of Potato Ring Rot.

2.  Erwinia amylovora(Burr.) Winslowet al., the cause of Fire Blight of Rosaceae.

C.Cryptogams

1.  Angiosorus solani Thirum. and O'Brien, the cause of Potato Smut.

2.  Synchytrium endobioticum(Schilb.) Perc., the cause of Wart Disease of Potatoes.

D.Viruses and Virus-Like Pathogens

1.  Harmful viruses and virus-like pathogens of the generaCydonia Mill.,Fragaria L.,Malus Mill.,Prunus L.,Pyrus L.,Ribes L. andRubus L.:—

(a)Apple Proliferation Disease mycoplasm

(b)Apricot Chlorotic Leaf Roll Disease mycoplasm

(c)Cherry Rasp Leaf virus (American)

(d)Peach Mosaic virus (American)

(e)Peach Phony rickettsia

(f)Peach Rosette Disease mycoplasm

(g)Peach Yellows Disease mycoplasm

(h)Pear Decline Disease mycoplasm

(i)Plum Line Pattern virus (American)

(j)Plum Pox (Sharka) virus

(k)Raspberry Leaf Curl viruses (American)

(l)Strawberry Latent “C” virus

(m)Strawberry Vein Banding virus

(n)Strawberry Witches' Broom Disease mycoplasm

(o)X Disease mycoplasm.

(p)Other harmful viruses and virus-like pathogens of the generaCydonia Mill.,Fragaria L.,Malus Mill.,Prunus L.,Pyrus L.,Ribes L. andRubus L. which are not known to occur within the Member States.

2.  Harmful viruses and virus-like pathogens of potato:—

(a)Potato Yellow Dwarf virus

(b)Potato Yellow Vein virus

(c)Other harmful viruses and virus-like pathogens of potato which are not known to occur within the Member States.

3.  Rose Wilt Disease complex (syn. Rose Dieback, Rose Leaf Curl, Rose Proliferation, Rose Spring Dwarf and Rose Stunt).

4.  Potato Spindle Tuber viroid.

5.  Tomato Ring Spot virus.

6.  Harmful viruses and virus-like pathogens of grapevine (Vitis L.).

7.  Beet Necrotic Yellow Vein virus—the cause of Beet Rhizomania Disease.

PART II(1) PLANTS WHICH MAY NOT BE LANDED IF CARRYING OR INFECTED WITH THE PLANT PESTS SPECIFIED(2) PLANTS WHICH MAY NOT BE KEPT etc. IF CARRYING OR INFECTED WITH THE PLANT PESTS SPECIFIED UNLESS SPECIFIED IN PART III(3) PLANT PESTS WHICH MAY NOT BE KEPT etc. UNLESS SPECIFIED IN PART III(4) PLANT PESTS WHICH MUST BE NOTIFIED UNLESS SPECIFIED IN PART III

A.Live organisms of the animal kingdom, at all stages of their existence

B.Bacteria

C.Cryptogams

D.Viruses and Virus-Like Pathogens

PART IIIPLANT PESTS SPECIFIED IN PARTS I AND II WHICH, INSOFAR AS THEY ARE OF A SUBSPECIES OR STRAIN NORMALLY PRESENT IN GREAT BRITAIN, MAY BE KEPT etc. (WHETHER OR NOT IN ASSOCIATION WITH PLANTS) AND NEED NOT BE NOTIFIED

A.Live organisms of the animal kingdom at all stages of their existence

1.  Cacoecimorpha pronubana(Hübner)—Carnation Tortrix Moth

2.  Rhopalomyia chrysanthemi(Ahlberg)—(syn.Diarthronomyia chrysanthemi Ahlb.)—Chrysanthemum Gall Midge

3.  Ditylenchus destructor Thorne—Potato Tuber Nematode

4.  Ditylenchus dipsaci(Kühn) Filipjev—Stem Nematode

5.  Caloptilia azaleella(Brants) (syn.Gracillaria azaleella Brants)—Azalea Leafminer

6.  Globodera rostochiensis(Wollenweber) Behrens andGlobodera pallida(Stone) Behrens—Potato Cyst Nematodes

7.  Merodon equestris(Fabricius) (syn.Lampetia equestris Fabricius)—Large Narcissus Fly

B.Bacteria

1.  Clavibacter michiganense subsp.insidiosum(McCulloch) Daviset al.(syn.Corynebacterium insidiosum(McCulloch) Jensen)—Bacterial Wilt of Lucerne

2.  Erwinia chrysanthemi Burkh.et al.— Slow Wilt of Carnation and Bacterial Blight of Chrysanthemum

3.  Erwinia amylovora(Burr.) Winslowet al., the cause of Fire Blight of Rosaceae, other than in the fire blight free region and other than on nurseries outside that region.

4.  Pseudomonas gladioli pv.gladioli Severini (syn.Pseudomonas gladioli Severini) (syn.Pseudomonas marginata(McCulloch Stapp))—Gladiolus Scab and Neck Rot, on gladiolus (Gladiolus L.) and freesia (Freesia Klatt.)

C.Cryptogams

1.  Didymella chrysanthemi(Tassi) Garibaldi and Gullino (syn.Mycosphaerella ligulicola Bakeret al.)—Chrysanthemum Ray Blight

2.  Fusarium oxysporum Schlecht. f.sp.gladioli(Massey) Snyder and Hansen—Fusarium Yellows and Corm Rot

3.  Ovulinia azaleae Weiss—Rhododendron Petal Blight

4.  Phialophora cinerescens(Wollenw.) V. Beyma—a Carnation Wilt (previously known as Verticillium Wilt of Carnation)

5.  Phytophthora fragariae Hickman—Red Core Disease of Stawberries, in Scotland

6.  Puccinia pelargonii-zonalis Doidge—Pelargonium Rust

7.  Sclerotinia bulborum(Wakk.) Rehm—Hyacinth Black Slime

8.  Stromatinia gladioli(Drayt.) Whet.—Gladiolus Dry Rot

9.  Verticillium albo-atrum Reinke and Berth.—Verticillium Wilt of Hops and Lucerne other than strains causing Progressive Wilt Disease of Hops

D.Viruses and Virus-Like Pathogens

1.  Arabis Mosaic virus

2.  Cherry Necrotic Rusty Mottle virus

3.  Chrysanthemum Stunt viroid

4.  Plum Pox (Sharka) virus, other than on nurseries

5.  Raspberry Ring Spot virus

6.  Rose Proliferation and Dieback (part of the Rose Wilt Disease complex)

7.  Strawberry Crinkle virus

8.  Strawberry Latent Ring Spot virus

9.  Strawberry Yellow Edge virus

10.  Tomato Black Ring virus

Article 4(1)

SCHEDULE 2PLANTS, AGRICULTURAL MACHINERY, SOIL AND GROWING MEDIUM WHICH MAY NOT BE LANDED IF THEY ORIGINATE IN CERTAIN COUNTRIES

PART I:GENERAL TYPES OF PLANTS

PART II:FAMILIES OF PLANTS

PART III:GENERA OF PLANTS

PART IV:AGRICULTURAL MACHINERY

PART V:SOIL AND GROWING MEDIUM

Article 4

SCHEDULE 3CONDITIONS SUBJECT TO WHICH PLANTS, SOIL AND GROWING MEDIUM MAY BE LANDED UNLESS OTHERWISE PROHIBITED UNDER ARTICLE 4

PART ICONDITIONS SUBJECT TO WHICH SOIL AND GROWING MEDIUM MAY BE LANDED

PART IICONDITIONS SUBJECT TO WHICH ROOTED PLANTS, PLANTED OR INTENDED FOR PLANTING AND UNROOTED VEGETATIVE PROPAGATING MATERIAL OTHER THAN TUBERS OF POTATO AND SEEDS MAY BE LANDED

PART IIA:GENERAL TYPES OF PLANTS

PART IIB:FAMILIES OF PLANTS

PART IIC:GENERA OF PLANTS

PART IIICONDITIONS SUBJECT TO WHICH TUBERS OF POTATO MAY BE LANDED

PART IVCONDITIONS SUBJECT TO WHICH SEEDS OF BEET, OF THE FAMILIES CRUCIFERAE AND GRAMINEAE AND OF THE GENUSTRIFOLIUM L. AND OF LETTUCE, LUCERNE, PEA, TOMATO AND OF THE GENUSRUBUS L. MAY BE LANDED

PART VCONDITIONS SUBJECT TO WHICH RAW FRUIT MAY BE LANDED

PART VAGENERAL CONDITIONS

PART VBADDITIONAL CONDITIONS APPLYING IN THE CASE OF RAW FRUIT OF THE GENERACITRUS, CYDONIA, MALUS, PRUNUS ANDPYRUS

PART VCADDITIONAL CONDITIONS APPLYING IN THE CASE OF RAW FRUIT OF THE GENERAFRAGARIA, RIBES, RUBUS, VACCINIUM ANDVITIS

PART VICONDITIONS SUBJECT TO WHICH PARTICULAR RAW VEGETABLES MAY BE LANDED

PART VIICONDITIONS SUBJECT TO WHICH CUT FLOWERS AND PARTS OF PLANTS FOR DECORATION MAY BE LANDED

PART VIIAGENERAL CONDITIONS

PART VIIBADDITIONAL CONDITIONS APPLYING IN THE CASE OF CUT FLOWERS AND PARTS OF PLANTS FOR DECORATION OF STATICE AND OF THE GENERADENDRANTHEMA, DIANTHUS, GLADIOLUS, GYPSOPHILA, PROTEA, PRUNUS, ROSA, SALIX, SYRINGA ANDVITIS

Article 12

SCHEDULE 4EXPORTS OF PLANTS AND GROWING MEDIUM TO MEMBER STATES

PART IPLANTS AND GROWING MEDIUM TO BE ACCOMPANIED BY A PHYTOSANITARY CERTIFICATE OR A REFORWARDING PHYTOSANITARY CERTIFICATE ISSUED IN GREAT BRITAIN WHEN EXPORTED OR RE-EXPORTED TO A MEMBER STATE, AND BY A PHYTOSANITARY CERTIFICATE ISSUED IN THE COUNTRY OF ORIGIN WHEN RE-EXPORTED TO A MEMBER STATE

PART IIPLANTS TO BE ACCOMPANIED BY A PHYTOSANITARY CERTIFICATE ISSUED IN THE COUNTRY OF ORIGIN WHEN RE-EXPORTED TO A MEMBER STATE

Seeds of soya bean (Glycine max (L.) Merrill) for planting and exporting to Greece, Spain, France, Italy or Portugal; seeds of cotton (Gossypium L.) for planting, for export to Greece or Spain.

Article 3

SCHEDULE 5MEANING OF “DIRECTIVE 77/93/EEC”INSTRUMENTS AMENDING COUNCIL DIRECTIVE 77/93/EEC

Article 3

SCHEDULE 6FORM OF PHYTOSANITARY CERTIFICATE

Article 3

SCHEDULE 7FORM OF RE-FORWARDING PHYTOSANITARY CERTIFICATE

Article 15

SCHEDULE 8PLANT PESTS IN RESPECT OF WHICH PREMISES MAY BE DECLARED INFECTED

• Globodera rostochiensis(Wollenweber) Behrens,Globodera pallida(Stone) Behrens, Potato Cyst Nematodes.

• Leptinotarsa decemlineata(Say), Colorado Beetle.

• Phytophthora fragariae Hickman, the cause of Red Core Disease of Strawberries, other than in Scotland.

• Synchytrium endobioticum(Schilb.) Perc., the cause of Wart Disease of Potatoes.

• Heterodera schachtii Schmidt, Beet Cyst Nematode.

Article 2

SCHEDULE 9REVOCATIONS

Explanatory Note

(This note is not part of the Order)

This Order, which applies to Great Britain, revokes and supersedes the Import and Export (Plant Health) (Great Britain) Order 1980, the Plant Pests (Great Britain) Order 1980 and various other Orders listed in Schedule 9. The Order (together with Orders made by the Forestry Commission) implements Council Directive 77/93/EEC (as amended by the instruments listed in Schedule 5) on protective measures against the introduction into the Member States of organisms harmful to plants or plant products, Council Directive 69/465/EEC (OJ No. L323, 24.12.69, p.3) (OJ/SE 1969 (II), p.563) on the control of potato cyst eelworm and Council Directive 69/464/EEC (OJ No. L323, 24.12.69, p.1) (OJ/SE 1969 (II), p.561) on the control of potato wart disease. The Order also imposes controls in respect of the import of agricultural machinery, genetically manipulated material and plants in tissue culture, in respect of direct trade in plants etc. with countries other than Member States and contains additional provisions to prevent the spread of plant pests in Great Britain.

The Order—

(a)prohibits the landing of certain plant pests, plants, plant products, agricultural machinery, soil, growing medium and genetically manipulated material and specifies conditions under which other polants etc. may be landed (article 4);

(b)prohibits the keeping, sale, planting, release, delivery or other disposal of certain plant pests, plants etc. and prohibits work involving genetic manipulation of a plant pest or genetically manipulated material (article 5);

(c)contains various provisions concerning phytosanitary certificates and re-forwarding phytosanitary certificates (articles 3 and 6 to 11);

(d)provides that certain plants etc. may be landed without a phytosanitary certificate if they are landed in the baggage of passengers or if they are directly consigned to Great Britain from Northern Ireland, the Channel Islands or the Isle of Man (article 8);

(e)requires that certain plants and growing medium when exported to a Member State are to be accompanied by a phytosanitary certificate or a re-forwarding phytosanitary certificate (article 12);

(f)requires notification of the presence of certain plant pests, plants etc. (articles 13 and 14);

(g)enables plant health inspectors to take remedial or precautionary action where certain plant pests, plants etc. are or are likely to be landed in contravention of the Order or where certain plant pests, plants etc. are or are likely to be present on premises (article 15);

(h)enables plant health inspectors to declare premises infected with certain plant pests and, in the case of wart disease of potatoes, to declare premises a safety zone (article 15(4) and (5));

(i)enables plant health inspectors to enter premises, carry out examinations and take samples and to take remedial action where the requirements of notices served under the Order have not been complied with (articles 17 and 19);

(j)restricts the planting and movement of potatoes (articles 21 and 22);

(k)contains additional provisions to prevent spread of Colorado Beetle, red core disease of strawberries, fire blight disease, potato cyst nematode, wart disease of potatoes, beet cyst nematode and progressive wilt disease (articles 23 to 41);

(l)provides that anything prohibited by the Order may be done under the authority of a licence (article 42);

(m)provides that officers of the Customs and Excise may detain plants, plant products etc. for examination by a plant health inspector (article 44);

(n)enables a plant health inspector to seek information in respect of certain plant pests, plants, plant products etc. (article 45);

(o)provides that the contravention of, or failure to comply with, any provisions of the Order (other than those relating to landing) shall be an offence punishable by a fine not exceeding £2,000 (articles 46 and 47). (Any person who lands articles in contravention of a prohibition imposed by this Order with intent to evade such prohibition is guilty of an offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) and may be detained. A person guilty of such offence is liable, on summary conviction, to a penalty of £2,000 or of three times the value of the goods, whichever is the greater, or to imprisonment for a term not exceeding 6 months, or to both, and, on conviction on indictment, to a penalty of any amount, or to imprisonment for a term not exceeding 2 years, or to both.)

In addition to numerous minor and drafting amendments, the Order makes the following changes of substance—

1. the provisions of the Order as to imports of certain plants, plant products etc. apply not only where they are directly consigned to Great Britain from a third country but also where they reach Great Britain via a Member State (article 4 and Schedules 2 and 3);

2. the conditions as regards imports of certain trees and shrubs from New Zealand, of chrysanthemum cuttings from Malta and Canary Islands and of dahlias from third countries have been set out in the Order as opposed to the previous practice of setting them out in licences (articles 4 and Schedule 3, Parts IIB and IIC);

3. import controls on pea seeds have been extended to Certified Seed of the First Generation (article 4 and Schedule 2, Part III);

4. the import requirement that rooted plants etc. should have been grown at a place of production free from Western Flower Thrips has been removed although plants etc. (whether imported or not) are still required to be free from that pest (articles 4 and 5 and Schedule 1, Part I);

5. revised controls have been introduced in respect of the import of plants in tissue culture (articles 3 and 4 and Schedules 2 and 3);

6. Scotland and certain counties in the north of England have been designated as the fire blight free region so as to provide protection in that region against fire blight (articles 5, 13 and 30 and Schedule 1, Part III);

7. the provisions concerning plants and plant products which may be landed in a passenger’s baggage without a phytosanitary certificate have been revised (article 8);

8. re-exports of certain plants etc. to Member States are now required to be accompanied by the phytosanitary certificate issued in the country of origin as well as a re-forwarding phytosanitary certificate (article 12 and Schedule 4);

9. the requirement to notify the presence of plant pests has been extended to persons who become aware of such presence in the course of their duties or business (article 13);

10. notification by the responsible authority is required of the likely entry into, or presence in, a free zone of imported plant pests, plants etc. (article 14);

11. entry to private dwellings may be obtained only under the authority of a warrant granted by a justice of the peace or sheriff (article 20);

12. the planting of the hop varieties Omega, Wye Target and Wye Yeoman outside “the specified area” is no longer prohibited (article 41);

13. the maximum fine which may be imposed for an offence under the Order has been increased to £2,000 (article 47) (the provision enabling the imposition of 3 months imprisonment for offences relating to Colorado Beetle has not been re-enacted);

14. generally, the protection afforded by the Order has been strengthened and its import controls have been extended to additional plants and to give protection against numerous additional plant pests (details of the changes may be obtained, free of charge, from Plant Health Division, Ministry of Agriculture, Fisheries and Food, Great Westminster House, Horseferry Road, London SW1P 2AE; Potatoes and Plant Health Branch, Department of Agriculture and Fisheries for Scotland (DAFS), Chesser House, 500 Gorgie Road, Edinburgh EH11 3AW; the plant health inspectorate in England and Wales and DAFS area offices in Scotland).