
1999 No. 1801
PLANT HEALTH SEEDS
The Marketing of Ornamental Plant Propagating Material Regulations 1999
 Made 23rd June 1999
 Laid before Parliament 25th June 1999
 Coming into force
 (a) in the case of all provisions other than regulation 7 and regulation 9 1st July 1999
 (b) in the case of regulation 7 1st August 1999
 (c) in the case of regulation 9 31st December 1999
 The Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly, being Ministers designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on them by the said section 2(2) hereby make the following Regulations:
 Title, commencement and extent
1 

(1) These Regulations may be cited as the Marketing of Ornamental Plant Propagating Material Regulations 1999 and shall come into force on–
(a) in the case of all provisions other than regulation 7 and regulation 9, 1st July 1999;
(b) in the case of regulation 7, 1st August 1999;
(c) in the case of regulation 9, 31st December 1999.
(2) These Regulations extend to Great Britain.
 Interpretation
2 

(1) In these Regulations, unless the context otherwise requires–
 ...
 “Directive 93/49/EEC” means Commission Directive 93/49/EEC setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC;
 “Directive 98/56/EC" means Council Directive 98/56/EC on the marketing of propagating material of ornamental plants , as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council;
 “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;
 ...
 “inspector" means any person authorised by the Minister to be an inspector for the purposes of these Regulations;
 “lot" means a number of units of a single commodity, identifiable by its homogeneity of composition and origin;
 “marketing" means holding available or in stock, display with a view to sale, offering for sale, sale or delivery by a supplier to another person;
 “the Minister" means, as respects England, the Minister of Agriculture, Fisheries and Food and, as respects Scotland or Wales, the Secretary of State;
 “propagating material" means plant material intended for–
(a) the propagation of ornamental plants; or
(b) the production of ornamental plants; however, in the case of production from complete plants, the material used shall only be considered to be propagating material if the resulting ornamental plant is intended for further marketing;
 “propagation" means reproduction by vegetative or other means;
 ...
 “supplier" means any person professionally engaged in the marketing or in the importation  into the United Kingdom  of propagating material; ...
...
(2) Any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in these Regulations.
 Marketing requirements and exceptions
3 

(1) Subject to paragraph (2) below, no supplier shall market any propagating material unless it complies with the requirements of these Regulations.
(2) These Regulations shall not apply to propagating material intended for–
(a) export  from  Great Britain, if identified as such and kept sufficiently isolated from plant material not intended for such export;
(b) trials or scientific purposes;
(c) selection work;
(d) use in the conservation of genetic diversity.
 Quality requirements for propagating material
4 

(1) Propagating material shall, when marketed–
(a) be substantially free from any defects likely to impair its quality as propagating material and in particular, at least on visual inspection, be substantially free from any harmful organisms impairing quality, or any signs or symptoms of such organisms, which reduce its usefulness;
(ab) have been found at the place of production to be practically free, at least on visual inspection, from all pests listed in the Annex to Directive 93/49/EEC in relation to that propagating material;
(ac) be free, at least on visual inspection, from any RNQP in a quantity exceeding the thresholds set out in the Annex to Directive 93/49/EEC for the presence of that RNQP;
(ad) be, at least on visual inspection, practically free from, and from any signs or symptoms of, any pests which reduce its usefulness or quality as propagating material, other than the pests listed in the Annex to Directive 93/49/EEC with regard to the respective propagating material;
(ae) comply with the requirements concerning  GB  quarantine pests,  PFA  quarantine pests and RNQPs set out in the implementing acts adopted pursuant to the EU Plant Health Regulation, and measures adopted pursuant to Article 30(1) of that Regulation;
(b) have satisfactory vigour and dimensions in respect of its usefulness as propagating material;
(c) in the case of seeds, have a satisfactory germination capacity;
(d) have satisfactory identity and purity relative to the genus or species or group of plants to which it belongs; and
(e) if marketed with reference to a variety pursuant to regulation 11, have satisfactory varietal identity and purity.
(2) In this regulation—
 “PFA  quarantine pest” means a pest within the meaning given by Article 32(1) of the EU Plant Health Regulation;
 “RNQP” means a  GB  regulated non-quarantine pest within the meaning given by Article 36 of the EU Plant Health Regulation;
 “GB  quarantine pest” means a pest within the meaning given by Article 4 of the EU Plant Health Regulation.
 Further provisions relating to citrus propagating material
5 
In addition to meeting the requirements of regulation 4, citrus propagating material shall–
(a) have been derived from initial source material which has been checked and found to show no symptoms of any viruses, virus-like organisms or diseases;
(b) have been checked and found to be substantially free of viruses, virus-like organisms and diseases since the beginning of the last cycle of vegetative growth; and
(c) where grafting has taken place, have been grafted on to rootstocks of a kind which are not susceptible to viroids.
 Further provision relating to flower bulbs
6 
In addition to meeting the requirements of regulation 4, flower bulbs shall have been derived directly from material which, at the time the crop of bulbs concerned was growing, was checked and found to be substantially free from any harmful organisms and diseases or any signs or symptoms of such organisms and diseases.
Further provision relating to Palmae: England and Wales
6A. 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 Registration
7 

(1) Subject to paragraph (2) below, no person shall carry on business as a supplier unless he is registered as such by the Minister.
(2) Paragraph (1) above shall not apply to a supplier marketing only to persons who are not professionally engaged in the production or sale of ornamental plants or propagating material.
(3) An application for registration as a supplier shall be made in writing and shall be accompanied by the following information–
(a) the name of the applicant;
(b) the address of the main premises at which the applicant carries on or intends to carry on business as a supplier;
(c) the activities which the applicant carries on or intends to carry on which are or will be covered by these Regulations.
(4) Registration of a supplier on the register of professional operators for the purposes of the EU Plant Health Regulation is deemed to constitute registration for the purposes of paragraph (1) above.
(5) A supplier registered in accordance with this regulation shall keep records of his sales and purchases of propagating material and shall retain them for a period of not less than 12 months.
 Measures to be taken by suppliers
8 

(1) Suppliers engaged in the production of propagating material shall–
(a) identify and monitor critical points in their production process which influence the quality of the material;
(b) keep records on the monitoring required in sub-paragraph (a) above;
(c) take samples where necessary and send them to be analysed in a laboratory with suitable facilities and expertise;
(d) ensure that during production lots of propagating material remain separately identifiable.
(2) Without prejudice to paragraph (3) below, a supplier shall treat or, where appropriate, remove any propagating material which, on the basis of visible signs or symptoms, is not substantially free of harmful organisms impairing quality.
(3) If a supplier engaged in the production of propagating material finds on his premises a   plant pest of a description specified in Annex 2, 3 or 4 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants,   he shall, if he would not otherwise be required to notify it under   the EU Plant Health Regulation, report it to the Minister and shall carry out any measures laid down by him.
 Information on propagating material
9 

(1) Subject to paragraphs (2) and (3) below, no supplier shall market any propagating material unless it is accompanied by a label or other document made out by him on which appears the appropriate information prescribed in the Schedule to  these Regulations.
(2) Where propagating material is accompanied by a plant passport issued in accordance with  the EU Plant Health Regulation, the plant passport may constitute the label or other document for the purposes of paragraph (1) above if it contains the appropriate information prescribed in the Schedule to these Regulations.
(3) Paragraph (1) above shall not apply to propagating material which is marketed to persons who are not professionally engaged in the production or sale of ornamental plants or propagating material.
 Marketing in lots
10 

(1) Subject to paragraph (2) below, no supplier shall market any propagating material unless it is in lots.
(2) Paragraph (1) above shall not apply to–
(a) the sale of different lots in a single consignment provided the supplier keeps records of the composition and origin of the different lots;
(b) propagating material which is marketed to persons who are not professionally engaged in the production or sale of ornamental plants or propagating material.
 Description of propagating material
11 

(1) Without prejudice to paragraph (2), no supplier shall market propagating material with reference to a variety unless–
(a) it is the subject of ... plant variety rights under any jurisdiction; or
(b) the existence of that variety is a matter of common knowledge as defined in section 38 of the Plant Varieties Act 1997 ; or
(c) that variety is entered on a list kept by a supplier which includes:
(i) the name of the variety together with its commonly known synonyms, where appropriate;
(ii) information as to how the varietal identity and purity of the variety is being maintained and as to the propagation system used;
(iii) a description of the variety which shall include, where appropriate, the characteristics of the variety which would be relevant for the purpose of an application for a  plant breeders' right in respect of the variety under the Plant Varieties Act 1997;
(iv) an explanation of how the variety differs from other varieties most closely resembling it.
(2) Sub-paragraphs (c)(ii) and (c)(iv) of paragraph (1) above shall not apply to a supplier engaged only in the marketing of propagating material.
(3) The list referred to at paragraph (1)(c) above shall be made available to the Minister on request.
(4) Where a supplier markets propagating material with reference to the group of plants to which it belongs, the supplier shall indicate the group of plants in such a way as to avoid confusion with any varietal denomination.
 Propagating material produced  outside the United Kingdom
12 

(1) No supplier shall import propagating material  produced in a country outside of the United Kingdom  unless he has ensured prior to import that the material to be imported is of an equivalent standard to propagating material produced in accordance with  these Regulations.
(2) Subject to paragraph (5), a supplier shall notify the Minister in writing of the importation of a consignment of propagating material ... within one month of its importation.
(3) A supplier shall be deemed to have complied with paragraph (2) above , in relation to England, if the supplier delivers a phytosanitary certificate for export or a phytosanitary certificate for re-export to the Secretary of State, in relation to Wales, if the supplier delivers a phytosanitary certificate for export or a phytosanitary certificate for re-export to the Welsh Ministers.
(4) Subject to paragraph (5), a supplier shall retain documentary evidence of every contract relating to the import of propagating material ... during the subsistence of the contract and for at least twelve months after its termination.
(5) Paragraphs (2) and (4) do not apply to suppliers importing propagating material produced in the Channel Islands or the Isle of Man.
 Powers of inspectors
13 

(1) An inspector, upon producing, if required to do so, some duly authenticated document showing his authority, may at any reasonable time enter any premises of a supplier where he reasonably suspects that any activity which is covered by these Regulations is being carried on for the purposes of ascertaining whether there is or has been any contravention of these Regulations.
(2) An inspector on entering any premises under paragraph (1) above may take with him such other persons as he reasonably considers to be necessary.
(3) An inspector may carry out all reasonable checks and examinations necessary to ensure compliance with these Regulations, and in particular may–
(a) take any propagating material or sample from any propagating material and send it for analysis;
(b) require the production of any relevant records, lists and other documents;
(c) inspect any relevant records, lists and other documents;
(d) take any relevant records, lists and other documents for copying.
(4) An inspector may by notice in writing served on a supplier in respect of any propagating material on the supplier’s premises that the inspector has reasonable grounds for suspecting fails to comply with the requirements of these Regulations require the supplier not to market or to move from his premises or to permit or cause to be marketed or moved from his premises the propagating material until the supplier has carried out such reasonable measures as the notice may specify.
 Service of notices
14 

(1) A notice under these Regulations shall be deemed to have been served on a supplier if it is delivered to him personally or left for him at his last known place of abode or business or sent through the post addressed to him at his last known place of abode or business.
(2) A notice under these Regulations may–
(a) 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;
(b) in the case of a partnership, be served on a partner or on a person having the control or management of the partnership business or, in Scotland, the firm at the principal office of the partnership.
 Offences
15 

(1) A person who contravenes or fails to comply with any provision of these Regulations without reasonable excuse shall be guilty of an offence.
(2) A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 Revocations and transitional provisions
16 

(1) Subject to paragraphs (2) and (3) below, the Marketing of Ornamental Plant Material Regulations 1995  are revoked.
(2) Regulation 9 of those Regulations, and regulations 2, 3, 4, 12(1) to 12(3) and 14 of those Regulations to the extent that they apply for the purposes of regulation 9 of those Regulations, shall continue to have effect until 31st December 1999.
(3) Regulation 11 of those Regulations, and regulations 2, 3, 4, 12(1) to 12(3), 13 and 14 of those Regulations to the extent that they apply for the purposes of regulation 11 of those Regulations, shall continue to have effect until 1st August 1999.
(4) For the purposes of paragraph 4 of Schedule 2 to those Regulations (registration or accreditation number) an accreditation number in existence on 31st July 1999 shall be deemed to continue to exist until 31st December 1999, notwithstanding paragraph (3) above.
 Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
 Sewel
Parliamentary Under Secretary of State, Scottish Office

SCHEDULESCHEDULE 1
 INFORMATION TO APPEAR ON A SUPPLIER’S LABEL OR OTHER DOCUMENT
Regulation 9


1. Indication that the material is of “UKGB   quality".
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Indication of responsible official body or its distinguishing code and its abbreviated country code .
4. Supplier’s registration number.
5. Individual serial, week or batch number.
6. Botanical name.
7. Where appropriate, denomination of the variety or, in the case of rootstock, denomination of the variety or its designation.
8. Where appropriate, denomination of the group of plants.
9. Quantity.
10. In the case of propagating material imported into the United Kingdom  the name of the country of production.
SCHEDULE 2
Organisms and diseases
Regulations 4 and 6A


Bacteria
Column 1RNQPs or symptoms caused by RNQPs Column 2Genus or species of propagating material of ornamental plants Column 3Threshold for the presence of RNQPs on the propagating material of the ornamental plant
Erwinia amylovora (Burrill) Winslow et al. [ERWIAM] Propagating material of ornamental plants other than seedsAmelanchier Medik., Chaenomeles Lindl., Cotoneaster Medik., Crataegus Tourn. ex L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus Bosc ex Spach, Photinia davidiana Decne., Pyracantha M. Roem., Pyrus L., Sorbus L. 0%
Pseudomonas syringae pv. persicae (Prunier, Luisetti &. Gardan) Young, Dye & Wilkie [PSDMPE] Propagating material of ornamental plants other than seedsPrunus persica (L.) Batsch, Prunus salicina Lindl. 0%
Spiroplasma citri Saglio et al. [SPIRCI] Propagating material of ornamental plants other than seedsCitrus L., Citrus L. hybrids, Fortunella Swingle., Fortunella Swingle. hybrids, Poncirus Raf., Poncirus Raf. hybrids 0%
Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. [XANTPR] Propagating material of ornamental plants other than seedsPrunus L. 0%
Xanthomonas euvesicatoria Jones et al. [XANTEU] Capsicum annuum L. 0%
Xanthomonas gardneri (ex Šutič) Jones et al. [XANTGA] Capsicum annuum L. 0%
Xanthomonas perforans Jones et al. [XANTPF] Capsicum annuum L. 0%
Xanthomonas vesicatoria (ex Doidge) Vauterin et al. [XANTVE] Capsicum annuum L. 0%
Fungi and oomycetes
Column 1RNQPs or symptoms caused by RNQPs Column 1Genus or species of propagating material of ornamental plants Column 1Threshold for the presence of RNQPs on the propagating material of ornamental plants
Cryphonectria parasitica (Murrill) Barr [ENDOPA] Propagating material of ornamental plants other than seedsCastanea L. 0%
Dothistroma pini Hulbary [DOTSPI] Propagating material of ornamental plants other than seedsPinus L. 0%
Dothistroma septosporum (Dorogin) Morelet [SCIRPI] Propagating material of ornamental plants other than seedsPinus L. 0%
Lecanosticta acicola (von Thümen) Sydow [SCIRAC] Propagating material of ornamental plants other than seedsPinus L. 0%
Plasmopara halstedii (Farlow) Berlese & de Toni [PLASHA] SeedsHelianthus annuus L. 0%
Plenodomus tracheiphilus (Petri) Gruyter, Aveskamp & Verkley [DEUTTR] Propagating material of ornamental plants other than seedsCitrus L. Citrus L. hybrids, Fortunella Swingle, Fortunella Swingle hybrids, Poncirus Raf., Poncirus Raf. hybrids 0%
Puccinia horiana P. Hennings [PUCCHN] Propagating material of ornamental plants other than seedsChrysanthemum L. 0%
Insects and mites
Column 1RNQPs or symptoms caused by RNQPs Column 1Genus or species of propagating material of ornamental plants Column 1Threshold for the presence of RNQPs on the propagating material of ornamental plants
Aculops fuchsiae Keifer [ACUPFU] Propagating material of ornamental plants other than seedsFuchsia L. 0%
Opogona sacchari Bojer [OPOGSC] Propagating material of ornamental plants other than seedsBeaucarnea Lem., Bougainvillea Comm. ex Juss., Crassula L., Crinum L., Dracaena Vand. ex L., Ficus L., Musa L., Pachira Aubl., Palmae, Sansevieria Thunb., Yucca L. 0%
Rhynchophorus ferrugineus (Olivier) [RHYCFE] Propagating material of ornamental plants other than seeds Palmae, as regards the following genera and speciesAreca catechu L., Arenga pinnata (Wurmb) Merr., Bismarckia Hildebr. & H. Wendl., Borassus flabellifer L., Brahea armata S. Watson, Brahea edulis H.Wendl., Butia capitata (Mart.) Becc., Calamus merrillii Becc., Caryota maxima Blume, Caryota cumingii Lodd. ex Mart., Chamaerops humilis L., Cocos nucifera L., Corypha utan Lam., Copernicia Mart., Elaeis guineensis Jacq., Howea forsteriana Becc., Jubaea chilensis (Molina) Baill., Livistona australis C. Martius, Livistona decora (W. Bull) Dowe, Livistona rotundifolia (Lam.) Mart., Metroxylon sagu Rottb., Phoenix canariensis Chabaud, Phoenix dactylifera L., Phoenix reclinata Jacq., Phoenix roebelenii O’Brien, Phoenix sylvestris (L.) Roxb., Phoenix theophrasti Greuter, Pritchardia Seem. & H. Wendl., Ravenea rivularis Jum. & H. Perrier, Roystonea regia (Kunth) O.F. Cook, Sabal palmetto (Walter) Lodd. ex Schult. & Schult.f., Syagrus romanzoffiana (Cham.) Glassman, Trachycarpus fortunei (Hook.) H. Wendl., Washingtonia H. Wendl. 0%
Nematodes
Column 1RNQPs or symptoms caused by RNQPs Column 1Genus or species of propagating material of ornamental plants Column 1Threshold for the presence of RNQPs on the propagating material of ornamental plants
Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI] Allium L. 0%
Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI] Propagating material of ornamental plants other than seedsCamassia Lindl., Chionodoxa Boiss., Crocus flavus Weston, Galanthus L., Hyacinthus Tourn. ex L, Hymenocallis Salisb., Muscari Mill., Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Sternbergia Waldst. & Kit., Tulipa L. 0%
Viruses, viroids, virus-like diseases and phytoplasmas
Column 1RNQPs or symptoms caused by RNQPs Column 1Genus or species of propagating material of ornamental plants Column 1Threshold for the presence of RNQPs on the propagating material of ornamental plants
Candidatus Phytoplasma mali Seemüller & Schneider [PHYPMA] Propagating material of ornamental plants other than seedsMalus Mill. 0%
Candidatus Phytoplasma prunorum Seemüller & Schneider [PHYPPR] Propagating material of ornamental plants other than seedsPrunus L. 0%
Candidatus Phytoplasma pyri Seemüller & Schneider [PHYPPY] Propagating material of ornamental plants other than seedsPyrus L. 0%
Candidatus Phytoplasma solani Quaglino et al. [PHYPSO] Propagating material of ornamental plants other than seedsLavandula L. 0%
Chrysanthemum stunt viroid [CSVD00] Propagating material of ornamental plants other than seedsArgyranthemum Webb ex Sch.Bip., Chrysanthemum L. 0%
Citrus exocortis viroid [CEVD00] Propagating material of ornamental plants other than seedsCitrus L. 0%
Citrus tristeza virus [CTV000](EU isolates) Propagating material of ornamental plants other than seedsCitrus L., Citrus L. hybrids, Fortunella Swingle, Fortunella Swingle hybrids, Poncirus Raf., Poncirus Raf. Hybrids 0%
Impatiens necrotic spot tospovirus [INSV00] Propagating material of ornamental plants other than seedsBegonia x hiemalisFotsch, Impatiens L. New Guinea Hybrids 0%
Potato spindle tuber viroid [PSTVD0] Capsicum annuum L., 0%
Plum pox virus [PPV000] Propagating material of ornamental plants other than seedsPrunus armeniaca L., Prunus blireana Andre, Prunus brigantina Vill., Prunus cerasifera Ehrh., Prunus cistena Hansen, Prunus curdica Fenzl and Fritsch., Prunus domestica L., Prunus domestica ssp. insititia (L.) C.K. Schneid, Prunus domestica ssp. italica (Borkh.) Hegi., Prunus dulcis (Miller) Webb, Prunus glandulosa Thunb., Prunus holosericea Batal., Prunus hortulana Bailey, Prunus japonica Thunb., Prunus mandshurica (Maxim.) Koehne, Prunus maritima Marsh., Prunus mume Sieb. and Zucc., Prunus nigra Ait., Prunus persica (L.) Batsch, Prunus salicina L., Prunus sibirica L., Prunus simonii Carr., Prunus spinosa L., Prunus tomentosa Thunb., Prunus triloba Lindl. 0%
Other species of Prunus L. susceptible to Plum pox virus
Tomato spotted wilt tospovirus [TSWV00] Propagating material of ornamental plants other than seedsBegonia x hiemalisFotsch, Capsicum annuum L., Chrysanthemum L., Gerbera L., Impatiens L. New Guinea Hybrids, Pelargonium L. 0%