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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Plant Health (<I>Phytophthora ramorum</I>) (Scotland) Order 2004 No. 488 URL: http://www.bailii.org/scot/legis/num_reg/2004/20040488.html |
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| Made | 9th November 2004 | ||
| Laid before the Scottish Parliament | 10th November 2004 | ||
| Coming into force | 2nd December 2004 |
(2) Any reference in this Order to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000[5], which has been recorded and is consequently capable of being reproduced.
Prohibition against the introduction and spread of Phytophthora ramorum into and within Scotland
3.
Subject to article 11, no person shall-
Imports of susceptible material originating in the USA
4.
Subject to article 11, no person shall import into Scotland susceptible material originating in the USA unless-
(b) in the case of imports from Switzerland of plants intended for planting of Camellia spp., Rhododendron spp. L, other than Rhododendron simsii Planch., and Viburnum spp. L., the material is accompanied by a Swiss plant passport.
Movement of susceptible material originating in the USA or any other third country
5.
- (1) Subject to paragraph (2) and article 11, where susceptible material originating in the USA or in any other third country has been imported into Scotland, no person shall move that material-
unless it is accompanied by a plant passport and meets the requirements of Schedule 2.
(2) Paragraph (1) shall not apply in the case of movement of susceptible material within Scotland where such movement is in compliance with a notice served under article 12.
Movement of susceptible material originating in Scotland and elsewhere in the European Community or Switzerland
6.
- (1) Subject to article 11, no person shall move into Scotland susceptible material originating-
unless it is accompanied by a plant passport and meets the requirements of Schedule 2[8].
(2) No person acting in the course of a trade, business or other undertaking shall move susceptible material produced in Scotland from its place of production unless the material is accompanied by a plant passport and meets the requirements of Schedule 2.
Official registration
7.
- (1) Subject to paragraph (4), no person who produces susceptible material may move that material unless that person is registered as a producer pursuant to articles 15 and 16 of the principal Order or to paragraph (2).
(2) A producer of susceptible material who is not registered as a producer under the principal Order-
(3) Any person who is registered as a producer in accordance with paragraph (1) shall notify any suspected occurrence or confirmed presence of Phytophthora ramorum at the place of production to which their registration relates.
(4) This article shall not apply to persons who produce susceptible material or who move susceptible material which they have produced if they do so other than in the course of a trade, business or other undertaking.
Plant passports
8.
- (1) The following articles of the principal Order shall apply in respect of a plant passport required under articles 5 or 6, as appropriate-
(b) article 14(1), as if the plant passport were issued in respect of susceptible material; and
(c) article 14(2) to (8).
(2) Subject to paragraph (4), a person who holds the authority of the Scottish Ministers under article 17 of the principal Order to produce, store and issue plant passports on behalf of a business, individual or other organisation is also authorised under this Order to produce, store and issue plant passports required under this Order on behalf of that business, individual or other organisation.
(3) A person not authorised under this Order pursuant to paragraph (2) may be authorised by the Scottish Ministers, subject to any conditions they see fit, to produce, store and issue plant passports required under this Order on behalf of any business, individual or other organisation, if-
(4) Authority conferred upon a person under paragraphs (2) or (3) to produce, store and issue plant passports required under this Order may be withdrawn by an inspector where the inspector is satisfied that the provisions of this Order in respect of plant passports are not being met by that person.
Phytosanitary certificates
9.
- (1) The following provisions of the principal Order shall apply to a phytosanitary certificate required under this Order-
(2) Where a consignment of susceptible material for which a phytosanitary certificate is required and has been issued pursuant to article 4 has been consigned to, stored, repacked or split up in a third country other than that in which the certificate was issued, the original phytosanitary certificate or a certified copy thereof shall accompany the material together with a reforwarding phytosanitary certificate issued by the official plant health service of that third country.
Implications of the issue of phytosanitary certificates or plant passports issued outside Scotland
10.
- (1) Any phytosanitary certificate issued for the purposes of this Order by or with the authority of an official plant health service of a third country shall be deemed to have been issued in accordance with the relevant requirements of Schedule 1.
(2) Any plant health passport issued for the purposes of this Order or equivalent legislation in the country of issue by or with the authority of an official plant health service of a Member State or another part of the United Kingdom, or the Channel Islands or Isle of Man, shall be deemed to have been issued in accordance with the relevant requirements of Schedule 2.
(3) Any plant passport issued by or with the authority of an official plant health service of Switzerland, shall be deemed to have been issued in accordance with the relevant requirements of Schedule 2.
Licences for scientific or research purposes
11.
- (1) Subject to paragraph (2), the provisions of article 30A of the principal Order shall apply in respect of the importation, movement and keeping of Phytophthora ramorum, or any susceptible material on which Phytophthora ramorum is present, which would otherwise be prohibited under this Order as if it or the material were a plant pest the importation, movement, or keeping of which, but for a licence granted under the principal Order, would be prohibited.
(2) Nothing in paragraph (1) shall affect the application of article 30A(2)(d) of the principal Order in respect of a licence granted by virtue of this article.
Actions which may be required by an inspector
12.
- (1) If an inspector has reasonable grounds for suspecting that Phytophthora ramorum is present or likely to be present on any premises, that inspector may, for the purposes of enforcing article 3(b), by notice in writing served on the occupier or person in charge of the premises or of the susceptible material-
(2) If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of or ensuring the eradication of Phytophthora ramorum from the premises mentioned in paragraph (1) of this article, that inspector may by notice in writing served on the occupier or other person in charge of any other premises impose such prohibitions and require the taking of such reasonable steps, specified in the notice, as appear to that inspector to be necessary for that purpose, such steps to be taken in such manner and in such reasonable time as may be specified in the notice.
(3) For the purposes of carrying out an examination of susceptible material upon its entry into Scotland an inspector may, by notice in writing served on the consignee of any susceptible material which has been or is to be imported into Scotland, specify premises and require the removal of that material to those premises in such manner and within such period as may be specified in the notice.
Actions which may be taken by an inspector
13.
- (1) Without prejudice to the provisions in article 12, and subject to article 28 of the principal Order, if an inspector has reasonable grounds for suspecting that Phytophthora ramorum is present or likely to be present on any premises, that inspector may after giving the occupier or other person in charge of the premises reasonable notice and upon production if so required of the authority of that inspector, enter such premises and either on those premises or elsewhere take steps-
(2) Subject to article 28 of the principal Order, an inspector may on production if so required of the authority of that inspector at all reasonable times for the purpose of ascertaining whether Phytophthora ramorum exists on any premises, or for any other purpose of this Order, including checking compliance with it, enter any premises to-
(3) An inspector may, for the purpose of the examinations referred to in paragraph (2), open, authorise any person to open on behalf of that inspector or require the owner or any person in charge of any container, bundle or other package to open, in such manner as the inspector may specify, the container or other package.
(4) An inspector may, so far as it is necessary for the purposes of the examinations referred to in paragraph (2), prohibit entirely or to such extent as that inspector may indicate the movement of any susceptible material, container, bundle, other package or object by means of which in the opinion of that inspector the pest may spread.
(5) For the purposes of the examinations referred to in paragraph (2), an inspector may require the occupier or other person in charge of the premises in which the examination is taking place to provide adequate lighting and, where appropriate, suitable areas for inspection.
(6) Where any such document or record as is mentioned in paragraph (2)(c) is kept by means of a computer, an inspector may-
(7) An inspector on entering any premises under paragraphs (1) or (2) may take with that inspector such other persons including, but not limited to, representatives of the European Commission, and such equipment and vehicles as are necessary for the purpose of facilitating the exercise of the powers of that inspector under those paragraphs, and such other persons whether or not accompanied by the inspector, upon production if so required of their authority given in that behalf by an inspector, may remain on the land and from time to time re-enter with such equipment and vehicles as aforesaid, and carry out such work for the purposes aforesaid and in such manner as the inspector may direct.
Miscellaneous provisions as to notices
14.
The following provisions of the principal Order shall apply to a notice issued under article 12, as appropriate-
Offences
15.
- (1) A person shall be guilty of an offence if that person, without reasonable excuse, proof of which shall lie on that person-
(2) A person shall be guilty of an offence if, for the purpose of procuring the authority to issue a plant passport under this Order, that person-
(3) A person shall be guilty of an offence if that person knowingly issues a false plant passport under this Order.
(4) A person shall be guilty of an offence if that person knowingly alters a plant passport affixed to susceptible material or re-uses a plant passport for susceptible material which is not the material for which the plant passport was issued.
(5) A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocation
16.
are hereby revoked.
ROSS FINNIE
A member of the Scottish Executive
St Andrew's House, Edinburgh
9th November 2004
| Susceptible Material | Requirements to be met in respect of the issuing of any phytosanitary certificate accompanying susceptible material ("the certificate") |
|
Acer macrophyllum Pursh. Aesculus californica Nutt., Aesculus hippocastanum L. Arbutus menziesii Pursch. Arbutus unedo L. Arctostaphylos spp. Adans Camellia spp. Castanea Sativa Mill. Fagus Sylvatica L. Hamamelis virginiana L. Heteromeles arbutifolia (Lindley) M. Roemer Kalmia latifolia L. Leucothoe fontanesiana (Steudel) Sleumer Lithocarpus densiflorus (H & A) Lonicera hispidula (Dougl.) Pieris spp. Pseudotsuga menziesii (Mirbel) Franco Quercus spp. L. Rhamnus californica (Esch) Rhododendron spp. L., other than Rhododendron simsii Planch. Sequoia sempervirens (D.Don) Endl. Syringa vulgaris L. Taxus spp. Trientalis latifolia (Hook) Umbellularia californica (Pursch.). Vaccinium vitis-idaea Britt. Vaccinium ovatum (Hook & Arn) Nutt. Viburnum spp. L. |
Either:
or
(ii) representative samples of the plants have been taken before shipment, and have been tested and found free from non-European isolates of Phytophthora ramorum in these tests, in which case the certificate shall be endorsed by the relevant plant health service under the heading "additional declaration" with the statement "tested and found free from non-European isolates of Phytophthora ramorum". |
| Susceptible Material | Requirements to be met in respect of susceptible material produced in Scotland or moved into Scotland from elsewhere in the United Kingdom, from the Channel Islands or Isle of Man, from another Member State or from Switzerland |
|
Camellia spp. Rhododendron spp. L., other than Rhododendron simsii Planch. Viburnum spp. L. |
Either:
(b) upon official inspection at the place of production, carried out at least once at an appropriate time when the susceptible material is in active growth, or upon laboratory testing of apparent symptoms of Phytophthora ramorum, no signs of Phytophthora ramorum have been found on the susceptible material during the last complete cycle of vegetation; or (c) where signs of Phytophthora ramorum have been found on susceptible material at the place of production, appropriate procedures aimed at eradicating Phytophthora ramorum have been implemented which include at least the following measures:
(ii) susceptible material within a radius of ten metres of the infected material and all other susceptible material from the same lot as the infected material have been retained at the place of production and, in the three months following the finding of infection referred to in sub-paragraph (i), have not been subject to any treatments that may suppress symptoms of Phytophthora ramorum and have been found free from Phytophthora ramorum after additional inspections carried out at least twice; and (iii) all other susceptible material at the place of production has been inspected frequently following the finding of infection referred to in sub-paragraph (i) and found on such inspection to be free from Phytophthora ramorum. |
The Order prohibits the introduction and spread of the plant pest, Phytophthora ramorum, a fungus identified as causing Sudden Oak Death syndrome in certain species of oak in the USA and harm to other plant species, including Camellia, Rhododendron and Viburnum (article 3).
It controls the importation of plants of a number of susceptible species from the USA, requiring such material to be accompanied by phytosanitary certificates which may be issued only after specific checks have been carried out during production and before consignment; or alternatively, where the material originates in a part of the USA recognised by plant health authorities as free from the pest, confirming that fact (article 4 and Schedule 1).
Susceptible material imported from third countries, including the USA must have a plant passport when it is moved within Scotland or elsewhere in the European Community (EC) or Switzerland (article 5).
Plants of Camellia, Rhododendron and Viburnum produced in Scotland or originating anywhere else in the EC (which includes for these purposes, the Channel Islands and Isle of Man) or Switzerland, must be accompanied by a plant passport when they are moved, and are subject to further controls on their movement (article 6 and Schedule 2).
The Order requires producers of Camellia, Rhododendron and Viburnum in Scotland wishing to move such material to be registered if they are not already registered under the principal Plant Health Order (the Plant Health (Great Britain) Order 1993, as amended) ("the principal Order") (article 7). There are some exceptions to the movement restrictions in the case of persons not acting in the course of a trade, business or undertaking (article 7(4)).
Provisions similar to those in the principal Order apply to authorisations to registered traders to enable them to issue plant passports under the supervision of SEERAD, as the official plant health service in Scotland (article 8) and to the issue of phytosanitary certificates in Scotland and the treatment of phytosanitary certificates or plant passports issued outside Scotland (articles 9 and 10).
There is provision for licensed importation, movement and keeping of the prohibited pest for research purposes (article 11).
Provisions similar to those in the principal Order apply to actions which may be required or which may be taken by Plant Health Inspectors (articles 12 to 14).
Offences similar to those created in the principal Order are created in respect of the production of plant passports pursuant to this Order and in respect of the introduction, spread and movement of the pest and compliance with notices served under this Order and the obstruction of inspectors exercising their powers under this Order (article 15).
Article 3 of the Plant Health (Phytophthora ramorum) (Scotland) Order 2002 (S.S.I. 2002/223 and the Plant Health (Phytophthora ramorum) (No. 2) (Scotland) Order 2002 (S.S.I. 2002/483)are revoked (article 16).
No Regulatory Impact Assessment has been carried out in relation to this Order.
[3] S.I. 1993/1320; amended by S.I. 1993/3213, 1995/1358 and 2929, 1996/25, 1165 and 3242, 1997/1145 and 2907, 1998/349, 1121 and 2245 S.S.I. 1999/22 and 129, 2000/201, 201/249, 2002/164 and 2003/224.back
[4] S.I. 1993/1283, to which there are amendments not relevant to this Order.back
[6] Sections 49 and 50 of the Customs and Excise Management Act 1979 (c.2) provide respectively for forfeiture of goods improperly imported and penalties for improper importation of goods.back
[7] Section 49 and 50 of the Customs and Excise Management Act 1979 (c.2) provide respectively for forfeiture of goods improperly imported and penalties for improper importation of goods.back
[8] See footnote (a) above.back
