Importation of Plants, Plant Produce and Potatoes (Health) (Great Britain) Order 1971
| Jurisdiction | UK Non-devolved |
| Citation | SI 1971/438 |
1971 No. 438
PLANT HEALTH
The Importation of Plants, Plant Produce and Potatoes (Health) (Great Britain) Order 197117thMarch 1971
29thMarch 1971
1stApril 1971
ARRANGEMENT OF ARTICLES
Article
1. Citation, extent and commencement.
2. Revocation of previous Orders.
3. Interpretation.
4. Exception of certain produce.
5. Restrictions on the landing of plants, potatoes and of certain seeds, raw fruit, raw vegetables and cut flowers.
6. Phytosanitary certificates to accompany certain consignments.
7. Supplemental certificates to accompany certain consignments.
8. Further provisions as to phytosanitary and supplemental certificates.
9. Restriction on sale for planting or planting of imported potatoes.
10. Examination and sampling.
11. Procedure when plants, potatoes, seeds, raw fruit, raw vegetables or cut flowers are landed in contravention of this Order.
12. Procedure in the case of landing of unhealthy produce.
13. Information regarding imported produce.
14. Licences.
15. Service of notices.
16. Offences.
ARRANGEMENT OF SCHEDULES
Schedule
1. Restrictions on the importation into England, Wales or Scotland of plants, potatoes and certain seeds, raw fruit, raw vegetables and cut flowers (other than those excepted by Article 4).
Part
PLANTS … IA Landing prohibited
IB General conditions subject to which landing is
permitted
IC Additional conditions applying in particular cases
POTATOES … IIA Landing prohibited
IIB Conditions subject to which landing is permitted
SEEDS … IIIA Landing prohibited.
IIIB Conditions subject to which landing is permitted.
RAW FRUIT … IVA Landing prohibited.
IVB Conditions subject to which landing is permitted.
RAW
VEGETABLES … V Conditions subject to which landing is permitted.
CUT FLOWERS … VIA Landing prohibited.
VIB Conditions subject to which landing is permitted.
2. Phytosanitary certificate for plants, potatoes and certain cut flowers.
3. Phytosanitary certificate for certain seeds, raw fruit and raw vegetables.
4. Supplemental certificate required in cases where plants and potatoes and certain seeds, raw fruit, raw vegetables and cut flowers are imported from a country other than that in which they were grown.
5. Orders revoked.
The Minister of Agriculture, Fisheries and Food and the Secretary of State, by virtue and in exercise of the powers vested in them respectively by sections 2 and 3 of the Plant Health Act 1967(a), as read with section 92(2) of, and Part II of Schedule 3 to, the Criminal Justice Act 1967(b) and of every other power enabling them in that behalf, hereby make the following Order:—
(a) 1967 c. 8.
(b) 1967 c. 80.
Citation, extent and commencement
1. This Order, which may be cited as the Importation of Plants, Plant Produce and Potatoes (Health) (Great Britain) Order 1971, shall apply to England and Wales and Scotland and shall come into operation on 1st April 1971.
Revocation of previous Orders
2. The Orders specified in Schedule 5 to this Order are hereby revoked:
Provided that, insofar as any licence granted or notice served under any Order revoked by this Order or any other thing done under such an Order could have been granted, served or done under a corresponding provision of this Order, it shall not be invalidated by the revocation but, without prejudice to the operation of section 38 of the Interpretation Act 1889(a) (which relates to the effect of repeals), any licence or notice granted or served or any other thing done under any of the Orders revoked by this Order shall, if in force or effective immediately before the commencement of this Order, continue in force and have effect as if granted, served or done under the corresponding provision of this Order.
Interpretation
3.—(1) In this Order, unless the context otherwise requires—
"appropriate Minister" means in the application of this Order to England and Wales the Minister of Agriculture, Fisheries and Food and in its application to Scotland the Secretary of State;
"crop" includes seed, plant or any part thereof;
"importer", in relation to any produce, includes any person who, whether as owner, consignor or consignee, agent or broker, is in possession of or in any wise entitled to the custody or control of the produce;
"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;
"plants" means plants (including trees and bushes) or parts thereof, intended for growing, planting or propagation, but does not include potatoes, seeds or mushroom spawn;
"potato" means the tuber, or part thereof, or any part of the plant, except true seed, of Solanum tuberosum L. and of other tuber-forming species of Solanum;
"premises" includes any vehicle, vessel, aircraft, hovercraft or freight container;
"produce" means—
(a) plants (including trees and bushes) or parts thereof, whether dead or alive and whether or not intended for growing, planting or propagation,
(b) seeds,
(c) fruit,
(d) vegetables,
(e) cut flowers,
(f) mushroom spawn,
(a) 1889 c. 63.
(g) hay or straw other than hay or straw used as packing material;
"raw fruit" does not include dried, dehydrated or deep-frozen fruit, and "raw" in relation to fruit of any particular description shall be construed accordingly;
"raw vegetables" does not include potatoes or dried, dehydrated, brined, pickled or deep-frozen vegetables of any other kind;
"unhealthy" means carrying or affected with any bacterium, fungus, mycoplasma, alga, virus or invertebrate animal destructive to agricultural or horticultural crops or to trees or bushes.
(2) Nothing in this Order shall be deemed to permit the landing in England, Wales or Scotland of any forest tree or part or seed thereof the landing of which is for the time being prohibited or restricted under any Order made by the Forestry Commissioners.
(3) The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament and as if this Order and the Orders hereby revoked were Acts of Parliament.
Exception of certain produce
4.—(1) Nothing in this Order, excepting Article 9, shall apply to any produce grown in Great Britain.
(2) Nothing in this Order, excepting Articles 10, 12, 13, 15 and 16, shall apply to any plants, potatoes, seeds, raw fruit, raw vegetables or flowers grown in Northern Ireland, the Republic of Ireland, the Isle of Man or the Channel Islands.
Restrictions on the landing of plants, potatoes and of certain seeds, raw fruit, raw vegetables and cut flowers
5.—(1) The landing in England, Wales or Scotland of any particular plants, potatoes, seeds, raw fruit or cut flowers described in the second column of Part IA, IIA, IIIA, IVA or VIA of Schedule 1 to this Order is prohibited during the period of the year specified in the third column of the said Schedule opposite the description of such plants, potatoes, seeds, raw fruit or cut flowers.
(2) The landing in England, Wales or Scotland of any particular plants, potatoes, seeds, raw fruit, raw vegetables or cut flowers described in the second column of Part IB, IC, IIB, IIIB, IVB, V or VIB of Schedule 1 to this Order is prohibited unless the conditions specified in the third column of the said Schedule opposite the description of such plants, potatoes, seeds, raw fruit, raw vegetables or cut flowers are or have been complied with.
Phytosanitary certificates to accompany certain consignments
6.—(1) Where a consignment of plants, potatoes, seeds, raw fruit, raw vegetables or cut flowers landed in England, Wales or Scotland is required by this Order to be accompanied by a phytosanitary certificate, such certificate shall, in the case of a consignment of plants, potatoes or cut flowers, be in the form set out in Schedule 2 to this Order and, in the case of a consignment of seeds, raw fruit or raw vegetables, be in the form set out in Schedule 3 to this Order.
(2) The phytosanitary certificate shall have been duly completed and signed by or on behalf of an authorised officer of the Plant Protection Service of the country in which the plants, potatoes, seeds, raw fruit, raw vegetables or flowers, as the case may be, were grown.
(3) If, in the description of the consignment in a phytosanitary certificate in the form set out in Schedule 2 to this Order, the address of the consignee is not in Great Britain, the certificate shall include an additional declaration by the said authorised officer to the effect that the consignment is believed to conform with the current phytosanitary regulations of Great Britain.
(4) The examination referred to in a phytosanitary certificate in the form set out in Schedule 2 to this Order shall have been carried out not more than 14 days prior to the date of despatch of the consignment.
(5) A phytosanitary certificate in the form set out in Schedule 3 to this Order shall have been signed not more than 14 days prior to the date of despatch of the consignment.
(6) Where a consignment is accompanied by a supplemental certificate in accordance with Article 7 of this Order, a facsimile copy of the phytosanitary certificate, endorsed by the Plant Protection Service of the country in which the plants, potatoes, seeds, raw fruit, raw vegetables or cut flowers, as the case may be, were unloaded or landed as being a true copy, may accompany the consignment in place of the phytosanitary certificate itself.
Supplemental certificates to accompany certain consignments
7.—(1) Each consignment of plants, potatoes, seeds, raw fruit, raw vegetables or cut flowers landed in England, Wales or Scotland which is required by this Order to be accompanied by a phytosanitary certificate and which, or any part of which, before being so landed, was unloaded or landed in a country or countries other than that in which the plants, potatoes, seeds, fruit, vegetables or cut flowers, as the case may be, were grown, shall also be accompanied in respect of each such...
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