The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017

• (ii) for the RNQPs listed in Annex 2 to Directive 2014/98/EU, subject to the requirements of Annex 4 to that Directive specified in relation to the genus or species concerned, and category.

• (3) But paragraphs (1) and (2) do not apply to pre-basic mother plants or pre-basic material during cryopreservation.

• (4) Compliance with sub-paragraph (1) is established by visual inspection by an inspector and, where appropriate, the supplier.

• (5) Visual inspections and sampling and testing must be conducted in accordance with Annex IV to Directive 2014/98/EU, as regards the genus or species concerned and, in the case of sampling and testing, also in accordance with the appropriate protocol.

Soil requirements; pre-basic material

11

• (1) Pre-basic mother plants and pre-basic material must be grown in soil that is free from any of the pests listed in Annex III to Directive 2014/98/EU relevant to the genus or species concerned and which host viruses affecting that genus or species.

• (2) Freedom from such pests must be established by sampling and testing by an inspector and, where appropriate, the supplier.

• (3) Sampling and testing must be carried out—

• (a) before the pre-basic mother plants or the pre-basic material is planted, and must be repeated during growth where there is suspicion concerning the presence of the pests referred to in sub-paragraph (1):

• (b) taking into account the climatic conditions and the biology of the pests listed in Annex III to Directive 2014/98/EU, and where those pests are relevant for the pre-basic mother plants or the pre-basic material concerned;

• (c) in accordance with the appropriate protocol.

• (4) Sampling and testing is not required—

• (a) where plants, which are hosts for the pests listed in Annex III to Directive 2014/98/EU for the genus or species concerned, have not been grown in the soil of production for a period of at least five years and where there is no doubt concerning the absence of the relevant pests in that soil;

• (b) where an inspector concludes, on the basis of an official inspection, that the soil is free from any pests which are listed in Annex III to Directive 2014/98/EU, for the genus or species concerned, and which host viruses affecting that genus or species.

Requirements concerning defects likely to impair quality

12

• (1) Pre-basic mother plants and pre-basic material must be found to be practically free from defects on the basis of visual inspection.

• (2) That visual inspection must be carried out by an inspector and, where appropriate, the supplier.

Requirements concerning multiplication, renewal and propagation of pre-basic mother plants

13

• (1) A supplier may multiply or renew a pre-basic mother plant accepted in accordance with paragraph 5.

• (2) A supplier may propagate a pre-basic mother plant to produce pre-basic material.

• (3) Multiplication, renewal and propagation (including micropropagation) of pre-basic mother plants must take place in accordance with the appropriate protocol.

• (4) In the case of micropropagation, the appropriate protocol must have been tested on the relevant genus or species for a period of time considered sufficient to allow phenotype validation of the plants as regards the trueness to the description of the variety based on the observation of the fruit production or of the vegetative development of rootstocks.

• (5) A supplier may only renew a pre-basic mother plant before the end of the period referred to in paragraph 8(3)(b).

PART 3 — Certification of basic material

Propagating material (other than basic mother plants and other than rootstocks not belonging to a variety)

14

• (1) Propagating material (other than basic mother plants and rootstocks not belonging to a variety) may be certified as basic material if that material meets the requirements in sub-paragraph (2).

• (2) The requirements are that the propagating material—

• (a) is propagated from a basic mother plant—

• (i) grown from pre-basic material;

• (ii) produced by multiplication from a basic mother plant in accordance with paragraph 19;

• (b) is verified by an inspector as being true to the description of its variety in accordance with paragraph 7;

• (c) complies with the time period specified in paragraph 8(3)(b);

• (d) complies with paragraph 12 concerning defects;

• (e) complies with the health requirements in paragraph 16;

• (f) is grown in soil that is found, by sampling and testing, to comply with paragraph 17;

• (g) has been maintained in accordance with paragraph 18;

• (h) where appropriate, has been multiplied in accordance with paragraph 19; and

• (i) has been produced in accordance with the production site requirements in paragraph 12A.

• (3) For the purpose of this paragraph, any reference to pre-basic mother plants or to pre-basic material in the paragraphs mentioned in sub-paragraph (2)(b) to (i) is to be construed as reference to basic mother plants or basic material, as the case may be.

• (4) Where the mother plant or material no longer fulfils the requirements referred to in sub-paragraphs (2), the supplier—

• (a) must remove the mother plant or material from the vicinity of other basic mother plants and basic material;

• (b) may take appropriate measures in order to ensure that the mother plant or the material complies with those requirements again.

• (5) A supplier may use any mother plant or material removed in accordance with sub-paragraph (4)(a) as certified or CAC material provided the mother plant or material fulfils the requirements set out in these Regulations for the respective categories.

Rootstock not belonging to a variety

15

• (1) A rootstock not belonging to a variety may be certified as basic material if it meets the requirements in sub-paragraph (2).

• (2) The requirements are that the rootstock—

• (a) is true to the description of its species;

• (b) is individually identified throughout the production;

• (c) complies with the time period specified in paragraph 8(3)(b);

• (d) complies with paragraph 12 concerning defects;

• (e) complies with the health requirements in paragraph 16;

• (f) is grown in soil that is found, by sampling and testing, to comply with paragraph 17;

• (g) has been maintained in accordance with paragraph 18;

• (h) where appropriate, has been multiplied in accordance with paragraph 19; and

• (i) has been produced in accordance with the production site requirements in paragraph 12A.

• (3) For the purpose of this paragraph, any reference to pre-basic mother plants or pre-basic material in the paragraphs mentioned in sub-paragraph (2) is to be construed as reference to basic mother plants or basic material, as the case may be.

• (4) Where a rootstock not belonging to a variety is a basic mother plant or basic material that no longer fulfils the requirements of sub-paragraph (2) the supplier—

• (a) must remove the rootstock from the vicinity of other basic mother plants and basic material;

• (b) may take appropriate measures in order to ensure the rootstock complies with those requirements again.

• (5) A supplier may use any rootstock removed in accordance with sub-paragraph (4)(a) as certified or CAC material provided the rootstock fulfils the requirements set out in these Regulations for the respective categories.

Health requirements: basic mother plant or basic material

16

• (1) A basic mother plant or basic material must be found to be free from any RNQP listed in Annex 1 or 2 to Directive 2014/98/EU in relation to the genus or species concerned, subject to the requirements of Annex 4 to that Directive specified in relation to the genus or species concerned, and category.

• (2) An inspector and, where appropriate the supplier, must sample and test the basic mother plant or basic material—

• (a) in cases of doubt as to the presence of any RNQP listed in Annex 1 to Directive 2014/98/EU, for such pests;

• (b) for the RNQPs listed in Annex 2 to Directive 2014/98/EU, subject to the requirements of Annex 4 to that Directive specified in relation to the genus or species concerned, and category.

• (3) But paragraphs (1) and (2) do not apply to basic mother plants or basic material during cryopreservation.

• (4) Compliance with sub-paragraph (1) is established by visual inspection by an inspector and, where appropriate, the supplier.

• (5) Visual inspections and sampling and testing must be conducted in accordance with Annex IV to Directive 2014/98/EU, as regards the genus or species concerned and, in the case of sampling and testing, also in accordance with the appropriate protocol.

Soil requirements; basic material

17

• (1) Basic mother plants and basic material may only be grown in soil that is free from any pests which are listed in Annex III of Directive 2014/98/EU relevant to the genus or species concerned and which host viruses affecting that genus or species.

• (2) Freedom from such pests must be established by sampling and testing by an inspector and, where appropriate, a supplier.

• (3) Sampling and testing must be carried out—

• (a) before the basic mother plants or the basic material is planted, and must be repeated during growth where there is suspicion concerning the presence of the pests referred to in sub-paragraph (1):

• (b) taking into account the climatic conditions and the biology of the pests listed in Annex III to Directive 2014/98/EU, and where those pests are relevant for the basic mother plants or the basic material concerned;

• (c) in accordance with the appropriate protocol.

• (4) Sampling and testing need not be carried out—

• (a) where plants, which are hosts for the pests listed in Annex III to Directive 2014/98/EU for the genus or species concerned, have not been grown in the soil of production for a period of at least five years and where there is no doubt concerning the absence of the relevant pests in that soil;

• (b) where an inspector concludes on the basis of an official inspection that the soil is free from any pests which are listed in Annex III to Directive 2014/98/EU, for the genus or species concerned, and which host viruses affecting that genus or species.

Maintenance requirements: basic mother plants and basic material

18

Basic mother plants and basic material must be maintained in fields isolated by distance from potential sources of infection including aerial vectors, root contact, cross infection by machinery, grafting tools and any other possible sources.

Conditions for multiplication: basic mother plants

19

• (1) Basic mother plants grown from pre-basic material may be multiplied in a number of generations to obtain the necessary number of basic mother plants in accordance with this paragraph.

• (2) Any multiplication of a basic mother plant under paragraph (1) must be done in accordance with paragraph 13 and, for the purposes of this sub-paragraph, a reference to a pre-basic mother plant in paragraph 13 is to be construed as reference to a basic mother.

• (3) The maximum permitted number of generations, and the maximum permitted life span of a basic mother plant must not exceed the limits set out in Annex V to Directive 2014/98/EU for the relevant genera or species.

• (4) Where multiple generations of basic mother plants are permitted, each generation, other than the first one, may derive from any previous generation.

• (5) Propagating material of different generations must be kept separate.

PART 4 — Certification of certified material

Propagating material (other than mother plants) and fruit plants

20

• (1) Propagating material (other than mother plants) and fruit plants may be certified as certified material if the propagating material or fruit plant meets the requirements in sub-paragraph (2).

• (2) The requirements are that the propagating material or fruit plant—

• (a) is grown from a certified mother plant grown from pre-basic or basic material;

• (b) is verified by an inspector as being true to the description of its variety in accordance with paragraph 7;

• (c) complies with the time period specified in paragraph 8(3)(b);

• (d) complies with paragraph 12 concerning defects;

• (e) complies with the health requirements in paragraph 22;

• (f) is grown in soil that is found by sampling and testing to comply with paragraph 23; and

• (g) complies with the production site requirements in paragraph 12A.

• (3) For the purpose of this paragraph, any reference to pre-basic mother plants or pre-basic material in the paragraphs mentioned in sub-paragraph (2) is to be construed as reference to certified mother plants or certified material, as the case may be.

• (4) Where a certified mother plant or certified material no longer fulfils the requirements referred to in sub-paragraphs (2)(b) to (g), the supplier—

• (a) must remove the mother plant or material from the vicinity of other certified mother plants and certified material;

• (b) may take appropriate measures in order to ensure that the mother plant or the material complies with those requirements again.

• (5) A supplier may use any mother plant or material removed in accordance with sub-paragraph (3)(a) as CAC material provided the mother plant or material fulfils the requirements set out in Schedule 1 for CAC material.

Rootstock not belonging to a variety

21

• (1) A rootstock not belonging to a variety may be certified as certified material if it meets the requirements in sub-paragraph (2).

• (2) The requirements are that the rootstock—

• (a) is grown from a certified mother plant grown from pre-basic or basic material;

• (b) complies with the time period specified in paragraph 8(3)(b);

• (c) complies with paragraph 12 concerning defects;

• (d) complies with the health requirements in paragraph 22; and

• (e) is grown in soil that is found, by sampling and testing, to comply with paragraph 23.

• (3) For the purpose of this paragraph, any reference to pre-basic mother plants or pre-basic material in the paragraphs mentioned in sub-paragraph (2) is to be construed as reference to certified mother plants or certified material, as the case may be.

• (4) Where a rootstock not belonging to a variety is a certified mother plant or certified material that no longer fulfils the requirements referred to in sub-paragraph (2), the supplier—

• (a) must remove the rootstock from the vicinity of other certified mother plants and certified material;

• (b) may take appropriate measures in order to ensure the rootstock complies with those requirements again.

• (5) A supplier may use any rootstock removed in accordance with paragraph (3)(a) as CAC material provided the rootstock fulfils the requirements set out in Schedule 1 for CAC material.

Health requirements: certified mother plants and material

22

• (1) A certified mother plant or certified material must be found to be free from any RNQP listed in Annex 1 or 2 to Directive 2014/98/EU in relation to the genus or species concerned, subject to the requirements of Annex 4 to that Directive specified in relation to the genus or species concerned, and category.

• (2) An inspector and, where appropriate, the supplier must sample and test the certified mother plant or certified material—

• (a) in cases of doubt as to the presence of any RNQP listed in Annex 1 to Directive 2014/98/EU, for such pests;

• (b) for the RNQPs listed in Annex 2 to Directive 2014/98/EU, subject to the requirements of Annex 4 to that Directive specified in relation to the genus or species concerned, and category.

• (3) But paragraphs (1) and (2) do not apply to certified mother plants or certified material during cryopreservation.

• (4) An inspector and, where appropriate, a supplier, establishes compliance with paragraph (1) by visual inspection.

• (5) Visual inspections and sampling and testing must be conducted in accordance with Annex IV to Directive 2014/98/EU, as regards the genus or species concerned and, in the case of sampling and testing, also in accordance with the appropriate protocol.

Soil requirements; certified mother plants and material

23

• (1) Certified mother plants and certified material must be grown in soil that is free from any of the pests listed in Annex III of Directive 2014/98/EU relevant to the genus or species concerned and which host viruses affecting that genus or species.

• (2) Freedom from such pests must be established by sampling and testing by an inspector and, where appropriate, a supplier.

• (3) Sampling and testing must be carried out—

• (a) before the certified mother plant or the certified material is planted, and must be repeated during growth if the presence of such pests is suspected;

• (b) taking account of climatic conditions, the biology of the pests, and the relevance of the pests for the certified mother plant or the certified material concerned;

• (c) in accordance with the appropriate protocol.

• (4) Sampling and testing is not required—

• (a) unless otherwise stated, in the case of certified fruit plants;

• (b) where plants, which are hosts for the pests listed in Annex III to Directive 2014/98/EU for the genus or species concerned, have not been grown in the soil of production for a period of at least five years and where there is no doubt concerning the absence of the relevant pests in that soil;

• (c) where an inspector concludes, on the basis of an official inspection, that the soil is free from any pests which are listed in Annex III to Directive 2014/98/EU, for the genus or species concerned, and which host viruses affecting that genus or species.

Signed

George Eustice — Minister of State — 2017-04-25

Explanatory note

(This note is not part of these Regulations)

Footnotes

[^f00001]: 1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

[^f00002]: S.I. 1972/1811.

[^f00003]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and S.I. 2007/1388.

[^f00004]: Commission Implementing Directive 2014/98/EU implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections (OJ No L 298, 16.10.2014, p. 22).

[^f00005]: 1997 c. 66. Part I was amended by S.I. 2000/311, 2005/2726 and 2011/1043.

[^f00006]: OJ No L 227, 1.9.1994, p.1 as last amended by Council Regulation (EC) No 15/2008 (OJ L 8, 2 11.1.2008, p. 2).

[^f00007]: The International Union for the Protection of New Varieties of Plants (UPOV) was established by the International Convention for the Protection of New Varieties of Plants (“UPOV Convention”). The UPOV Convention was adopted on 2nd December 1961 by a Diplomatic Conference held in Paris, revised in 1972 and 1991 and ratified by the United Kingdom on 3rd December 1998.

[^f00008]: OJ No L 169, 10.7.2000, p. 1 as last amended by Regulation (EU) 2016/2031 of the European Parliament of the Council (OJ No L 317, 23.11.2016, p. 4).

[^f00009]: OJ No L 267, 8.10.2008, p. 8; as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council (OJ No L 189, 27.6.2014, p. 1).

[^f00010]: OJ No L 298, 16.10.2014, p. 12.

[^f00011]: OJ No L 298, 16.10.2014, p. 16.

[^f00012]: OJ No L 298, 16.10.2014, p. 22.

[^f00013]: S.I. 2010/2079.

[^f00014]: S.I. 2015/610, amended by S.I. 2015/1827; there are other amending instruments but none is relevant.

[^f00015]: 1980 c 43; sections 51 and 52 have been substituted by section 47 of the Courts Act 2003 (c. 39). Sections 53 and 54 have been amended by section 17(6) of the Crime and Courts Act 2013 (c. 22).

[^f00016]: S.I. 2007/3544, to which there are amendments not relevant to these Regulations.

[^f00017]: S.I. 2017/267.

[^f00018]: S.I. 2010/2079.

[^f00019]: 2015 c.26. Section 30(3) was amended by the Enterprise Act 2016 (c.12), section 19.

[^f00020]: OJ No L 106, 17.4.2001, p. 1 as last amended by Directive (EU) 2015/412 (OJ No L 68, 13.3.2015, p. 1).

[^f00021]: OJ No L 268, 18.10.2003, p.1 as last amended by Regulation (EC) No.298/2008 of the European Parliament and of the Council (OJ No L 97.9.4.2008, p.64).

Editorial notes

[^c23030311]: 1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

[^c23030321]: S.I. 1972/1811.

[^c23030331]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and S.I. 2007/1388.

[^c23030341]: Commission Implementing Directive 2014/98/EU implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections (OJ No L 298, 16.10.2014, p. 22).

[^c23030351]: 1997 c. 66. Part I was amended by S.I. 2000/311, 2005/2726 and 2011/1043.

[^c23030371]: The International Union for the Protection of New Varieties of Plants (UPOV) was established by the International Convention for the Protection of New Varieties of Plants (“UPOV Convention”). The UPOV Convention was adopted on 2nd December 1961 by a Diplomatic Conference held in Paris, revised in 1972 and 1991 and ratified by the United Kingdom on 3rd December 1998.

[^c23030391]: OJ No L 267, 8.10.2008, p. 8; as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council (OJ No L 189, 27.6.2014, p. 1).

[^c23030401]: OJ No L 298, 16.10.2014, p. 12.

[^c23030411]: OJ No L 298, 16.10.2014, p. 16.

[^c23030431]: S.I. 2010/2079.

[^c23030451]: 1980 c 43; sections 51 and 52 have been substituted by section 47 of the Courts Act 2003 (c. 39). Sections 53 and 54 have been amended by section 17(6) of the Crime and Courts Act 2013 (c. 22).

[^c23030461]: S.I. 2007/3544, to which there are amendments not relevant to these Regulations.

[^c23030471]: S.I. 2017/267.

[^c23030481]: S.I. 2010/2079.

[^c23030501]: OJ No L 106, 17.4.2001, p. 1 as last amended by Directive (EU) 2015/412 (OJ No L 68, 13.3.2015, p. 1).

[^c23030511]: OJ No L 268, 18.10.2003, p.1 as last amended by Regulation (EC) No.298/2008 of the European Parliament and of the Council (OJ No L 97.9.4.2008, p.64).

[^key-01857d3bd0ec102f3db077d90392c309]: Words in reg. 3(2) inserted (7.10.2025) by The Marketing of Fruit Plant and Propagating Material (England) (Amendment) Regulations 2025 (S.I. 2025/812), regs. 1(2), 4(1)

[^key-038e6013a491fd8aa08f324e001a1b25]: Words in reg. 2 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(2)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(6)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-057fb8ec59e731c1fb9798c0c69c20a5]: Sch. 5: power to amend conferred (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 20(1) (with reg. 20(2))

[^key-0d3cd8632191e07e41aff1a9cc9a063e]: Words in Sch. 2 para. 8(a) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(10)(c)(i) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(6)(e)(i)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-116033f9da746f1d9c03caf248d6e987]: Sch. 5 para. 14(2)(g)-(i) substituted for Sch. 5 para. 14(2)(g)(h) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(7)(e)

[^key-1a65cf319a681cdd537fc58d056a4fed]: Reg. 15(1)(g)(ii) omitted (24.7.2020) by virtue of The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(5)(b)

[^key-1bdf6b2353824e1031fc3c636ce98ef8]: Words in reg. 2 inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(2)(e) (as amended by S.I. 2019/809, regs. 1(a), 8(3)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1c5898dba674a7485bc7119523042dc1]: Reg. 3(3) inserted (7.10.2025) by The Marketing of Fruit Plant and Propagating Material (England) (Amendment) Regulations 2025 (S.I. 2025/812), regs. 1(2), 4(2)

[^key-1d6da7e222e047348ce9599e4905995a]: Word in Sch. 5 para. 20(4) substituted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(7)(h)(ii)

[^key-21c02eb851efd1d2ce2a3338c942fb96]: Words in reg. 2 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(2)(c) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(6)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-22287597f7cc82a36d119ed9162c4af6]: Sch. 5 para. 15(2)(g)-(i) substituted for Sch. 5 para. 15(2)(g)(h) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(7)(e)

[^key-2b8f0688ec657ad84908447e642ce7e4]: Word in Sch. 4 para. 6(1)(c) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(15)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2c137fd893fa02fb5c3b32b98f66ef4d]: Sch. 2 para. 8(b)(xii) inserted (7.10.2025) by The Marketing of Fruit Plant and Propagating Material (England) (Amendment) Regulations 2025 (S.I. 2025/812), regs. 1(2), 6

[^key-380fa039a51a00d6b3a7b2d39db8780d]: Words in Sch. 2 para. 4(b) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(10)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(6)(e)(i)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3c61d36d983a54b257a192d28771f133]: Word in reg. 2 substituted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 3(2)

[^key-3fd257f1ca5299061fb68cf806f99e76]: Words in Sch. 4 para. 2(2)(b) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(13)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-47c9e76bb57d804840737e03885b23ce]: Sch. 1 para. 1(2)(c)-(e) substituted for Sch. 1 para. 1(2)(c)(d) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(6)(a)

[^key-4a63978e6beb99b86da3e455b40594f8]: Words in Sch. 2 para. 5 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-4adc1edf122755a322aa46edd676a794]: Words in reg. 2 inserted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(2)

[^key-4e6fa260fbd77d3257344120c9d75889]: Sch. 4 para. 6(1)(d) inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(15)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-4edfdd7b9d1432829fc6cd10851196ae]: Words in Sch. 4 para. 2(3) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(13)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-4f0a72fe9e366c023d2334155a9469a9]: Words in reg. 5(3) substituted (31.12.2020) by S.I. 2019/131, reg. 8(4) (as substituted by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 29(6)(c))

[^key-532759aac5b18d76a94d9f74a0512542]: Words in Sch. 4 para. 3(1)(c) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(14)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(6)(f)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-53f283d2e09aced2284fd5ae9f44ef72]: Sch. 2 para. 8(b)(ix) omitted (1.4.2020) by virtue of The Marketing of Fruit Plant and Propagating Material (England) (Amendment) Regulations 2020 (S.I. 2020/248), regs. 1, 2(4)(a)

[^key-542b67883f3bba2441a0962162c9b2f0]: Words in reg. 2 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(2)(f) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(6)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-557484c11f38402da6119fa56f0d5011]: Word in Sch. 5 para. 6 substituted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(7)(b)

[^key-57ceedd7971884155215287dd70f5489]: Words in Sch. 5 para. 23(4)(a) inserted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(7)(j)

[^key-5b0f626bbc27feaeb61dd488ac61ba25]: Sch. 5 para. 8(2)(a) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(18)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5ca48af9ce782702b4e01d76284505db]: Sch. 1: power to amend conferred (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 20(1) (with reg. 20(2))

[^key-606ce223fdfcf3e55518e49f4347adf1]: Sch. 1 para. 6 inserted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(6)(d)

[^key-62210413842802a636f5d53e309b50cd]: Words in Sch. 4 para. 1 inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(12)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

[^key-63cf27882c7c055805bc77fc04c77e0f]: Words in Sch. 4 para. 7(4)(a) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(16)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6647f79888ec77154bda501adb85c867]: Reg. 5(3) substituted for reg. 5(3)(4) (26.9.2019) by The Animal Health, Invasive Alien Species, Plant Breeders Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1220), regs. 1(2)(a), 4

[^key-684141f0746241baeb9f0b7a2b037c8e]: Sch. 2: power to amend conferred (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 21(1) (with reg. 21(2))

[^key-6a9b5b6aefed24a7c6502f35d93a1bd5]: Sch. 6 inserted (7.10.2025) by The Marketing of Fruit Plant and Propagating Material (England) (Amendment) Regulations 2025 (S.I. 2025/812), reg. 1(2), Sch.

[^key-6b104e06c0ac1b8cbc5892c6c76ca85c]: Words in Sch. 5 para. 5(7) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(18)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6b19e585bef6188dad78cd2088479209]: Words in reg. 11(7) substituted (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 6(4)

[^key-6d1644e820ab70250d2f273203f719d5]: Sch. 5 para. 16(4) substituted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(7)(g)(ii)

[^key-6e7e44a4a7c165117d772272df61ab8f]: Reg. 14A inserted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(4)

[^key-710eea7801c8ad23b1637c451dfa7ea7]: Sch. 5 para. 10(4) substituted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(7)(c)(ii)

[^key-73dd8e86cc6e6bf45e52e0226caa904d]: Sch. 2 para. 8(b)(x) omitted (1.4.2020) by virtue of The Marketing of Fruit Plant and Propagating Material (England) (Amendment) Regulations 2020 (S.I. 2020/248), regs. 1, 2(4)(a)

[^key-7672570a01cd7514b5c70013d7ad9284]: Reg. 15(1)(g)(iv)(v) inserted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(5)(d)

[^key-7d16f220e9af5e388fca255dec6bd89d]: Sch. 1 para. 2(2)(b)-(d) substituted for Sch. 1 para. 2(2)(b)(c) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(6)(b)

[^key-8041acea2b3a4c354c176285d907d695]: Sch. 5 para. 10(1)(2) substituted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(7)(c)(i)

[^key-823542695570ba2aa71d04bbccd1906b]: Word in Sch. 5 para. 5(1)(a) substituted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(7)(b)

[^key-87c423c9e3ebc2a143e434cd7c36667e]: Sch. 5 para. 4(2)(g) inserted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(7)(a)

[^key-88b13bcfac47eda127532f2222d6ae99]: Sch. 5 para. 22(1)(2) substituted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(7)(i)(i)

[^key-8a3aedb5eeb3f44c2a85b55bb7f58c49]: Words in reg. 2 inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(2)(d) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(6)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-8b3d99c8b80f3cd6abf701b18fbaa519]: Sch. 3: power to amend conferred (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 19(1) (with reg. 19(2))

[^key-90e4de1b000d1f179a6aad82a8d5a353]: Words in reg. 3(1) substituted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(3)

[^key-94702d7fc1465e29e276bf9a99516356]: Sch. 5 para. 16(1)(2) substituted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(7)(g)(i)

[^key-95d0c692eadfde0add0cfd499b4934db]: Words in reg. 3(1) omitted (14.1.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 6(2)

[^key-95d41fd0ceeda22694cbac0e7d5e8aba]: Words in reg. 4(3) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(3) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-962a79e59886d02d012a421e593a6888]: Word in Sch. 2 para. 8(b)(i) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(10)(c)(ii) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(6)(e)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-96e5f1624ce01f3ec24b40a87ff9f951]: Words in Sch. 5 para. 5(4)(a) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(18)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-992c1cb11c7659e3a4c2d05f357d389c]: Words in Sch. 4 para. 1 inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-9d291ba96f167755cfe73be0f597fe2b]: Words in Sch. 4 para. 7(1)(a) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(16)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(6)(f)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a34c0ad8eba4774a0265c41819ae4e09]: Word in Sch. 5 para. 4(2)(b) substituted (7.10.2025) by The Marketing of Fruit Plant and Propagating Material (England) (Amendment) Regulations 2025 (S.I. 2025/812), regs. 1(2), 7

[^key-a5c269d2bb059a7c3d8faecd878259d2]: Words in reg. 15(1)(g)(i) omitted (24.7.2020) by virtue of The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(5)(a)

[^key-a71402c88058db78d34fe343b04893d3]: Sch. 5 para. 3(2)(g) inserted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(7)(a)

[^key-a8d6d5b4f0943fc581c4ff83df76818d]: Reg. 10(6) omitted (14.1.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 6(3)

[^key-a933681ef68cfda4b1531e3221e91190]: Reg. 28ZA inserted (1.4.2020) by The Marketing of Fruit Plant and Propagating Material (England) (Amendment) Regulations 2020 (S.I. 2020/248), regs. 1, 2(3)

[^key-ad9b0212ed415ff1728fd5e90005729d]: Words in reg. 2 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(2)(g) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(6)(a)(iii)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ae1483e613b42fbcdf82ad0cde89249a]: Words in Sch. 4 para. 3(3) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ae2a74562e087019b6e134e5e67f9858]: Words in Sch. 4 para. 1 omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(12)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

[^key-afcf08bb24c8c7687982474f8fe6e171]: Words in Sch. 4 para. 8(1)(d) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(17) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(6)(f)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b30e5a85882f1701c790f4d09596ed8f]: Reg. 15(1)(g)(iii) substituted (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 6(5)

[^key-c067fc03d6f9de0329add29a376bba98]: Words in Sch. 2 para. 9 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(10)(d); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c3b8d07422c7a7cf348eac4762cbf69e]: Reg. 7(4)(b) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c4487ef8b165b226fea0d25d3beb2d00]: Word in Sch. 5 para. 14(3) substituted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(7)(f)

[^key-c4ea86832fab94660ef2ebbf28c56a6f]: Reg. 31 omitted (7.10.2025) by virtue of The Marketing of Fruit Plant and Propagating Material (England) (Amendment) Regulations 2025 (S.I. 2025/812), regs. 1(2), 5

[^key-cadc987522d86923ce86c802be324fed]: Words in reg. 7(3) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-cd358c30489447a80380e4419680afe4]: Words in reg. 2 omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(2)(h)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-cdcfc897fb929e8cd3722e6666b2c684]: Words in reg. 2 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(2)(i) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(6)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d29bbd11fe5ca39ebdf4313302df6495]: Sch. 5 para. 20(2)(e)-(g) substituted for Sch. 5 para. 20(2)(e)(f) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(7)(h)(i)

[^key-d2f4bb98475e82bce5e26ad49444ffc9]: Words in Sch. 4 para. 1 omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(12)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d6a98270c6a25cf3d51400a8bd88fe79]: Words in reg. 28 heading inserted (1.4.2020) by The Marketing of Fruit Plant and Propagating Material (England) (Amendment) Regulations 2020 (S.I. 2020/248), regs. 1, 2(2)

[^key-d6edd4f4155a45ead2afa11ddaaff6ca]: Words in reg. 2 inserted (7.10.2025) by The Marketing of Fruit Plant and Propagating Material (England) (Amendment) Regulations 2025 (S.I. 2025/812), regs. 1(2), 3

[^key-d93f0c9ab5b34befce47a84484730d8c]: Word in reg. 2 inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(2)(h)(i); 2020 c. 1, Sch. 5 para. 1(1)