Import and Export (Plant Health) (Great Britain) Order 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/420 |
1980 No. 420
PLANT HEALTH
The Import and Export (Plant Health) (Great Britain) Order 198020thMarch 1980
9thApril 1980
1stMay 1980
ARRANGEMENT OF ARTICLES
ARTICLE
1. Citation, extent and commencement.
2. Revocation of previous order.
3. Interpretation.
4. Exception of certain plants and plant products.
5. Prohibition of the landing of certain plants, plant products, plant pests and soil.
6. Special conditions for the landing of certain plants or plant products.
7. Certificates to accompany consignments of plants, plant products or soil imported from Member States
8. Certificates to accompany consignments of plant products imported from third countries.
9. Certificates to accompany consignments of plants, plant products or soil exported from Great Britain to Member States.
10. General provisions relating to phytosanitary certificates and re-forwarding phytosanitary certificates.
11. Restriction on the planting of imported potatoes.
12. Examination, sampling and marking.
13. Procedure when plants, plant products or soil are landed or likely to be landed in contravention of this order.
14. Procedure when a plant pest or genetically manipulated material is landed or likely to be landed in contravention of this order.
15. Persons authorised by an inspector.
16. Powers of an officer of Customs and Excise.
17. Licences.
18. Information to be given.
19. Service of notices.
20. Offences.
ARRANGEMENT OF SCHEDULES
SCHEDULE
1. Plant pests the landing of which is prohibited.
2. Conditions subject to which plants and plant products may be landed.
PART I
ROOTED PLANTS AND UNROOTED VEGETATIVE PROPAGATING MATERIAL OTHER THAN BULBS, CORMS, TUBERS OF POTATO AND SEEDS
A. General conditions subject to which landing is permitted.
B. Additional conditions applying in particular cases.
PART II
BULBS AND CORMS FOR PLANTING
A. General conditions subject to which landing is permitted.
B. Additional conditions applying in the case of corms of gladiolus and bulbs of the genera Tulipa and Narcissus.
C. Additional conditions applying in the case of bulbs of the genus Allium, corms of freesia and crocus and bulbs of iris.
PART III
POTATO TUBERS
A. General conditions subject to which landing is permitted.
B. Additional conditions applying in the case of potato tubers for planting.
C. Additional conditions applying in the case of potato tubers other than potato tubers for planting.
PART IV
SEEDS
A. General conditions subject to which landing is permitted.
B. Additional conditions applying in the case of seeds of lettuce, lucerne, pea and tomato and of the genus Rubus.
C. Additional conditions applying in the case of seeds of the families Cruciferae and Gramineae and of the genus Trifolium.
D. Additional conditions applying in the case of seeds of onion, leek and chive.
PART V
RAW FRUIT
A. General conditions subject to which landing is permitted.
B. Additional conditions applying in the case of raw fruit of the genera Citrus, Cydonia, Malus, Prunus and Pyrus.
C. Additional conditions applying in the case of raw fruit of the genera Fragaria, Ribes, Rubus, Vaccinium and Vitis.
PART VI
RAW VEGETABLES
A. General conditions subject to which landing is permitted.
B. Additional conditions applying in particular cases.
PART VII
CUT FLOWERS
A. General conditions subject to which landing is permitted.
B. Additional conditions applying in the case of cut flowers and parts of plants used for decoration of the genera Castanea, Dendranthema, Dianthus, Gladiolus, Prunus, Quercus, Rosa, Salix, Syringa and Vitis.
C. Additional conditions applying in the case of cut flowers of the genus Protea.
3. Plants, plant products and soil to be accompanied by a phytosanitary certificate or re-forwarding phytosanitary certificate when exported to a Member State.
4. Form of phytosanitary certificate.
5. Form of re-forwarding phytosanitary certificate.
The Minister of Agriculture, Fisheries and Food in relation to England, the Secretary of State for Scotland in relation to Scotland and the Secretary of State for Wales in relation to Wales in exercise of the powers conferred by sections 2 and 3(1), (2) and (4) of the Plant Health Act 1967(a), as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972(b) and now vested in them (c) and of every other power enabling them in that behalf, hereby make the following order:—
Citation, extent and commencement
1. This order, which may be cited as the Import and Export (Plant Health) (Great Britain) Order 1980 shall apply to Great Britain and shall come into operation on 1st May 1980.
Revocation of previous order
2. The Importation of Plants, Plant Produce and Potatoes (Health) (Great Britain) Order 1971(d) is hereby 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;
(a) 1967 c. 8; section 3(4) was amended by the Criminal Justice Act 1967 (c. 80), section 92(2) and Schedule 3, Part II; sections 2(1), 3(1) and (2) were amended by the European Communities Act 1972 (c. 68) section 4(1) and Schedule 4, paragraph 8.
(b) 1972 (c. 62.)
(c) In the case of the Secretary of State for Wales by virtue of S.I. 1978/272.
(d) S.I. 1971/438.
"Central America" means the geographical area comprising the following countries namely Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama and the islands commonly known as the West Indies;
"Customs Act" means the Customs and Excise Management Act 1979(a);
"the Euro-Mediterranean area" means the geographical area comprising, Europe and the following countries namely Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Libya, Malta, Morocco, Syria, Tunisia and Turkey;
"Europe" includes the Canary Islands but does not include the Azores, Cyprus or Malta 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;
"genetically manipulated material" means material derived from any activity which has involved genetic manipulation and which is in the opinion of the appropriate Minister likely to result in the production of a plant pest;
"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;
"importer" in relation to any plant, plant product, plant pest, genetically manipulated material or soil includes:—
(a) any person who, whether as owner, consignor or consignee, agent, broker or otherwise is in possession of or in any way entitled to the custody or control of the plant, plant product, plant pest, genetically manipulated material or soil; and
(b) any person by whose action a plant, plant product, plant pest, genetically manipulated material or soil is likely to be landed or has been landed in Great Britain;
"inspector" means an officer authorised by the appropriate Minister 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;
"non-indigenous plant pest" means a plant pest which in the opinion of the appropriate Minister is not established in Great Britain;
"North America" means the geographical area comprising the following countries namely Canada, Mexico and the United States of America (except the state of Hawaii);
(a) 1979 c. 2.
"official" in relation to any testing or any other procedure required by this order to be carried out in respect of any plant, plant product or soil means carried out by or under the supervision of the Plant Protection Service of the country in which the plant or plant product was grown or in the case of soil in which it originates and "officially" shall be construed accordingly;
"phytosanitary certificate" means a certificate either in the form set out in Schedule 4 or the equivalent written in a language other than English;
"place of production" means any group of fields or plots of land, such as a farm or nursery, normally worked as a unit, together with any contiguous uncultivated land;
"plant" means a living plant or living part of a plant, any tissue culture of such plant or living part of such plant, raw fruit or seed and includes where the context so admits any soil or other growing medium, packing material or container associated therewith;
"plant pest" means a living organism other than a vertebrate animal, or a pathogen, which is injurious to any plant and includes a culture of such organism or pathogen;
"plant product" means a product of plant origin, which product is unprocessed or has undergone simple preparation insofar as it is not a plant and includes any soil or other growing medium, packing material and container associated therewith;
"potato" means any plant or any part of a plant, including tubers and true seed, of Solanum tuberosum L. or other tuber-forming species or hybrids of the genus Solanum L.;
"premises" includes any land, building, vehicle, vessel, aircraft, hovercraft or freight container;
"raw fruit" does not include dried, dehydrated or deep-frozen fruit, and "raw" in...
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