The Plant Health (Great Britain) (Amendment) Order 1989

• Citation: S.I. 1989/553
• Sections: 2

Section 1 Title, extent, commencement and interpretation

(1) This Order may be cited as the Plant Health (Great Britain) (Amendment) Order 1989, shall apply to Great Britain and except for article 2(2), shall come into force on 26th April 1989.

(2) Article 2(2) of this Order shall come into force on 1st January 1990.

(3) In this Order “the principal Order ” means the Plant Health (Great Britain) Order 1987 .

Section 2 Amendment of the principal Order

The principal Order shall be amended as follows:–

(1) in article 3(1) (interpretation) there shall be inserted, in alphabetical order as appropriate, the following definitions:

“Beet Rhizomania Disease” means the disease caused by Beet Necrotic Yellow Vein virus;

“Classified basic seed potatoes” means seed potatoes produced in the protected region as defined in article 22 in relation to which a basic seed potatoes certificate has been issued in accordance with the Seed Potatoes Regulations 1984 ;

“early potatoes” means potatoes–

harvested before 31st July in the year of planting, and

marketed for human consumption immediately after being harvested;

“official label” means a label supplied in accordance with the requirements of the Seed Potatoes Regulations 1984;

(2) after paragraph (3) of article 22 (restriction on the movement to and planting of potatoes in the protected region) there shall be inserted the following paragraphs–

(3A) No person shall plant or cause or permit to be planted in the protected region any potatoes other than classified basic seed potatoes or one year’s direct progeny of classified basic seed potatoes where that direct progeny has been grown by that person.

(3B) The provisions of paragraph (3A) above shall not apply where the area to be planted is less than 0.1 hectare or is to be used for the production of early potatoes.

(3C) Any person who plants seed potatoes in the protected region other than for the production of seed potatoes shall retain and make available to an authorised officer documentary evidence showing that the seed potatoes planted were classified basic seed potatoes or were one year’s direct progeny of classified basic seed potatoes where such progeny has been grown by that person.

(3D) The documentary evidence required by paragraph (3C) of this article shall be in the form of–

(a) an official label together with either an invoice or delivery note; or

(b) a certificate of classification where the potatoes planted are either classified basic seed potatoes, or their direct progeny, and where the seed potatoes, or their direct progeny, were produced by the certificate holder.

(3) in paragraph (4) of article 22 for the words “paragraph (3)” there shall be substituted the words “paragraphs (3) and (3A)”;

(4) in articles 23 (display of notices) and 24 (restriction on entry to infected premises) after the words “Colorado Beetle” there shall be inserted the words “or Beet Rhizomania Disease”;

(5) after article 24 there shall be inserted the following article–

(24A) The restriction in article 24 shall not apply to a person who enters premises declared infected with Colorado Beetle or Beet Rhizomania Disease for the purpose of saving life or property.

(6) in paragraph (2) of article 46 for the words “article 4” there shall be substituted the words “article 12”;

(7) in article 47 for the words “not exceeding £2,000” there shall be substituted the words “not exceeding level 5 on the standard scale.”;

(8) in Part IA of Schedule 1 after Item 18 there shall be inserted the following Items–

(19) Anomala orientalis (Waterhouse)—Oriental beetle

(20) Enarmonia prunivora (Walsh)—Lesser Appleworm

(21) Naccobus aberrans (Thorne) Thorne & Allen—False Root Knot Nematode

(22) Opogona sacchari (Bojer)—Sugarcane Borer

(23) Premnotrypes spp (Non-European)—Andean Potato Weevils

(24) Xiphinema americanum Cobb sensu lato (Non-European populations)—a Dagger Nematode

(25) Thrips palmi Karny—Palm Thrips.

(9) in Part IB of Schedule 1 after Item 2 there shall be inserted the following Item–

(3) Xyella fastidiosa (Wells et al. )—Grapevine Pierce’s disease bacterium.

(10) in Part IC of Schedule 1 after Item 2 there shall be inserted the following Items–

(3) Gymnosporangium spp (Non-European)—Fruit Tree/Juniper Rusts.

(4) Sclerotinia fructicola (Wint.) Rehm (syn Monilinia fructicola (Wint.) Honey)—Fruit Brown Rot.

(5) Phoma andina Turkensteen—Black Potato Blight and Leaf Spot.

(6) Phyllosticta solitaria Ell. and Ev. —Apple Blotch and Canker.

(7) Septoria lycopersici var malaguttii Ciccarone and Boerema—Annular Potato Leaf Spot.

(11) in Part IIA of Schedule 1–

(a) after Item 1 there shall be inserted the following Item–

(1A) Aphelenchoides besseyi Christie– Rice White Tip Nematode

(b) in column 3 of Item 3 for the words “Flower bulbs and tubers of potato ( Solanum tuberosum L.)” there shall be substituted the words “Flower bulbs of the genera Crocus L., Gladiolus L., Hyacinthus L., Iris L., Tigridia Juss., Tulipa L., tubers of potato ( Solanum tuberosum L.)”;

(c) Item 5 (Caloptilia azaleella) and Item 6 ( Merodon equestris ) shall be omitted;

(12) in Part IIB of Schedule 1–

(a) Item 5 ( Pseudomonas gladioli ) shall be omitted;

(b) after Item 6 there shall be inserted the following Item–

(6A) Pseudomonas syringae p.v. persicae (Prunier et al ) Peach Canker

(c) after Item 8 there shall be inserted the following Item–

(8A) Xanthomonas ampelina Panagopoulos—Canker of Grapevine

(13) in Part IIC of Schedule 1–

(a) Item 4 ( Ovulinia azaleae), Item 9 ( Sclerotinia bulborum ), Item 11 ( Septoria gladioli ) and Item 12 ( Stromatinia gladioli ) shall be omitted;

(b) after Item 8 there shall be inserted the following Item–

(8A) Puccinia pitteriana Hess—Potato Common Rust

(c) after Item 14 there shall be inserted the following Item–

(15) Verticillium dahliae Kleb—Hop Wilt

(14) in Part IID of Schedule 1 in column (2) of Item 8 for the words “Little Cherry pathogen” there shall be substituted the words “Little Cherry disease pathogen”;

(15) in Part III of Schedule 1–

(a) in section A the words “5. Caloptilia azaleella (Brants) (syn. Gracilaria azaleella (Brants)—Azalea Leafminer” and “7. Merodon equestris (Fabricius (syn. Lampetia equestris Fabricius)—Large Narcissus Fly” shall be omitted;

(b) in section B the words “4. Pseudomonas gladioli pv. gladioli Severini (syn. Pseudomonas gladioli Severini) (syn. Pseudomonas marginata (McCulloch Stapp))—Gladiolus Scab and Neck Rot, on gladiolus ( Gladiolus L.) and freesia ( Freesia Klatt.)” shall be omitted;

(c) in section C the words “3. Ovulinia azaleae Weiss—Rhododendron Petal Blight”, “7. Sclerotinia bulborum (Wakk.) Rehm—Hyacinth Black Slime” and “8. Stromatinia gladioli (Drayt.) Whet.—Gladiolus Dry Rot” shall be omitted;

(d) in section C after the words “5. Phytophthora fragariae Hickman—Red Core Disease of Strawberries, in Scotland” there shall be inserted the words “5A. Puccinia horiana P. Henn.—Chrysanthemum White Rust”;

(16) in Part I of Schedule 2 in Item 3 for the words “other than (1) seeds and (2) plants of the following families” there shall be substituted the words “other than (1) seeds, (2) the genera Ficus L. and Codiaeum Juss and (3) plants of the following families”;

(17) in Part III of Schedule 2–

(a) in column 3 of Item 17 after the word “Austria” there shall be inserted the words “Canary Islands”;

(b) after Item 17 there shall be inserted the following Item–

(17A) Plants of genus Juniperus L. other than fruits and seeds.

(18) in Schedule 3–

(a) after Item 4 there shall be inserted the following–

(4A) Plants for planting, other than seeds, originating in countries where Thrips palmi Karny is known to occur.

Official statement that:–

the place of production has been found free of Thrips palmi Karny and

that the consignment has undergone appropriate treatment to ensure freedom from Thysanoptera .

(b) after Item 6 there shall be inserted the following Item–

(6A) Plants of Chaenomeles Lindl., Cydonia Mill., Crataegus L., Malus Mill., Photinia, Prunus L., Pyrus L., and Rosa L.

(c) in column 2 of Item 7 after the words “in tissue culture” there shall be inserted the words “and other than plants specified in Item 6A above.”;

(d) in Part IIB in column 2 of Item 11 after the words “ Dendrocalamus Nees ” there shall be inserted the words “ Hakonechloa Mak. ex Honda”;

(e) in Part IIC–

(i) in paragraph (a) of column 3 of Item 22 the words “(iii) Lesser Apple Worm ( E. prunivora (Walsh))” shall be omitted;

(ii) in paragraph (b) of column 3 of Item 22 at the end there shall be inserted the words “and that no symptoms of S. fructicola have been observed at the place of production since the beginning of the last complete cycle of vegetation.”;

(iii) in paragraph (1)(a) of column 3 of Item 23 after the word “Tortrix” there shall be inserted the word “moth”;

(iv) for columns 2 and 3 of Item 24 there shall be substituted the following:–

Plants of the genera Cydonia Mill., Malus Mill., Prunus L., and Pyrus L.

(1) Where the consignment originates in a third country it shall be free from:

(a) Western Cherry Fruit Fly ( Rhagoletis indifferens (Curran));

(b) Apple Curculio ( Tachypterellus quadrigibbus (Say));

(2) An official statement shall have been made:–

(a) either that the plants were grown in a country in which viruses, or virus-like pathogens of a description specified in paragraph (1)(p) of Part ID of Schedule 1 are not known to occur in Cydonia, Malus, Prunus or Pyrus ; or

(b) that the plants were grown at a place of production at which no symptoms of viruses, or virus-like pathogens of a description specified in paragraph (1)(p) of Part ID of Schedule 1 have been observed during at least one official inspection carried out since the beginning of the last complete cycle of vegetation.

(v) after Item 24 there shall be inserted the following Item–

(24A) Plants of the genera Crataegus L. and Malus Mill.

(vi) in paragraph (5)(d) of column 3 of Item 26 for the words beginning with “If the American Leafminer” and ending with “shall have been used.” there shall be substituted the words “If the American Leafminer ( Amauromyza maculosa (Malloch), Liriomyza huidobrensis (Blanchard), L. sativae Blanchard or L. trifolii (Burgess)) has occurred on the place of production within the previous 2 years the second method of treatment shall have been used.”;

(vii) paragraph 6 of column 3 of Item 26 shall be omitted;

(viii) after paragraph (1) of Item 27 there shall be inserted the following paragraph–

(1A) Where the consignment originates in a third country, in addition to being free from the plant pests listed in paragraph (1), the consignment shall be free from Strawberry Weevils ( Anthonomus signatus (Say) and Anthonomus bisignifer (Schenkling)).

(ix) after paragraph (6) of column 3 of Item 27 there shall be inserted the following paragraph–

(7) An official statement shall have been made:–

(a) that the plants were grown in a country in which Aphelenchoides besseyi Christie is not known to occur; or

(b) where the consignment originates in a country in which Aphelenchoides besseyi Christie is known to occur:–

(i) either that no symptoms of Aphelenchoides besseyi has been observed on plants at the place of production since the beginning of the last complete cycle of vegetation; or

(ii) that in the case of plants in tissue culture, the plants have been derived from plants which complied with paragraph (7)(b)(i) of this Item or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi .

(x) in paragraph (1) of column 3 of Item 30 after the words “( Verticillium albo—atrum Reinke and Berth.)” there shall be inserted the words “and of Hop Wilt ( Verticillium dahliae Kleb.)”;

(xi) in paragraph (2) of column 3 of Item 30 the words “that requirement shall also be complied with in respect of Hop Wilt ( Verticillium dahliae Kleb.) and” shall be omitted;

(f) in Part IV–

(i) in column 2 of Item 56 after the words “pea ( Pisum sativum L.)” there shall be inserted the words “ Prunus L.”;;

(ii) in column 3 of Item 57 after the words “third country”, there shall be inserted the words “it shall be free from Lettuce Mosaic virus and”;

(iii) in column 3 of Item 58 after paragraph (3) there shall be inserted the following paragraph–

(4) Where the consignment originates in a third country, in addition to complying with the requirements specified in paragraphs (1) to (3) of this Item, it shall be free from Verticillium Wilt of Lucerne ( Verticillium albo—atrum (Reinke and Berth)).

(g) in Part VB–

(i) in paragraph (3)(c) of column 3 of Item 65 for the words “Apple Fruit Worm ( Enarmonia prunivora (Walsh))” there shall be substituted the words “Queensland Fruit Fly ( Dacus Tryoni (Froggatt))”;

(ii) after Item 65 there shall be inserted the following Item–

(65A) Raw fruit from the genus Prunus L.

(a) either that the fruit originates in an area recognised as being free from Fruit Brown Rot ( Sclerotinia fructicola (Wint.) Rehm) in accordance with the procedure laid down in article 16 of Directive 77/93/ EEC ; or

(b) that the fruits have been subjected to appropriate inspections and treatment procedures prior to harvest or export to ensure freedom from Sclerotinia fructicola.

(h) in Part VC in paragraph (1) of column 3 of Item 72 for the words “( Rhagoletis menda Curran)” there shall be substituted the words “( Rhagoletis mendax Curran)”;

(i) in Part VI in column 2 of Item 74 after the words “Raw vegetables” there shall be inserted the words “with foliage”, and at the end the words “with foliage” shall be omitted;

(j) in Part VIIB paragraph (1) of column 3 of Item 78 shall be omitted;

(19) at the end of Schedule 5 there shall be inserted the following instruments–

Commission Directive 88/271/EEC OJ No. L116, 4.5.88, p.13.

Commission Directive 88/272/EEC OJ No. L116, 4.5.88, p.19.

Commission Directive 88/430/EEC OJ No. L208, 2.8.88, p.36.

Council Directive 88/572/EEC OJ No. L313, 19.11.88, p.39.

(20) at the end of Schedule 8 there shall be inserted the words “Beet Necrotic Yellow Vein virus, the cause of Beet Rhizomania Disease.”.