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

Northern Ireland Statutory Rule 2017 No. 119 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 28 June 2017
In force from: 29 June 2017
Extent: Not stated
Subject: Agriculture, plant health, food production and rural affairs
Made under: Directive 2014/98/EU, European Communities Act 1972, Schedule 2 to, the European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations continue to implement Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ L 267, 8.10.2008, p. 8). They also implement— Commission Implementing Directive 2014/96/EU on the requirements for the labelling, sealing and packaging of fruit plant propagating material and fruit plants intended for fruit production, falling within the scope of Council Directive 2008/90/EC (OJ L 298, 16.10.2014, p. 12); Commission Implementing Directive 2014/97/EU implementing Council Directive 2008/90/EC as regards the registration of suppliers and of varieties and the common list of varieties (OJ L 298, 16.10.2014, p. 16); and 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 L 298, 16.10.2014, p. 22). They revoke and replace the Marketing of Fruit Plant Material Regulations 2010 (S.I. 2010/2079). Part 1 of the Regulations is introductory. The fruit plants and propagating material (plant material) to which the Regulations apply is set out in regulation 4 and Schedule 4. Part 2 contains requirements for marketing plant material (regulation 5). In order to be marketed, plant material must comply with requirements set out for certification (regulation 9 and Schedule 5) and packaging, sealing and labelling (regulation 10 and Schedule 2). Plant material must be, or be in the process of being, registered (Schedule 3) and have been granted, or an application made for, plant variety rights (regulation 7). CAC material must comply with requirements set out in Schedule 1 and be accompanied by a supplier’s document (Schedule 2). Regulation 4 sets out exceptions to these general requirements. Part 3 requires the registration of suppliers (regulation 11) and a register of suppliers (regulation 13). Suppliers are required to monitor the production of plant material (regulation 14) and keep records (regulation 15). Part 4 requires the Department to maintain and publish a register of varieties of plant material and Schedule 3 makes provision about the registration of varieties of plant material. Part 5 deals with the enforcement of these Regulations and sets out inspectors’ powers, including a power to serve a notice on any person to require that person to provide information and a power to prohibit the movement of plant material suspected of failing to comply with these Regulations. An inspector also has a power to serve a notice on any person acting in contravention of these Regulations to require that person to comply with the Regulations or to prohibit that person from acting in breach of them. Under regulation 24(1) a person who fails to comply with any such notice or to give assistance to the inspector is guilty of an offence. Under regulation 24(2) a person guilty of an offence under the Regulations is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Part 6 sets out administrative provisions including arrangements for official measures (regulation 26). An impact assessment has not been produced for this instrument as no impact, or no significant impact, on the private, voluntary or public sector is foreseen. An Explanatory Memorandum and transposition note will be published alongside this instrument on www.legislation.gov.uk.

Offences created by this instrument

It is an offence— a to fail to comply with a notice served under— i regulation 19 (information notice); ii regulation… regulation 24(1) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Plant Health, Seeds, Seed Potatoes and Plant Propagating Material (Amendment) (Northern Ireland) Regulations 2026 Lords · Lords Chamber · 8 September 2026 · The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)
My Lords, this instrument extends to Northern Ireland only and is being brought through Westminster, working closely with the Department of Agriculture, Environment and Rural Affairs, or DAERA. The Government note the regret amendment tabled by the noble Lord, Lord Dodds of Duncairn, which raises concerns about the implementation of EU-derived plant health and seed legislation in Northern Ireland without public consultation and about the broader implications of the Windsor Framework. This is a necessary measure to update Northern Ireland’s domestic legislation and plant health enforcement…

How Parliament handled it

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

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