Importation of Plants and Plant Produce (Health) (Great Britain) Order 1965
| Jurisdiction | UK Non-devolved |
| Citation | SI 1965/1426 |
1965 No. 1426
PESTS
DESTRUCTIVE INSECTS AND PESTS
The Importation of Plants and Plant Produce (Health) (Great Britain) Order 196515thJuly 1965
27thJuly 1965
15thSeptember 1965
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 and of certain seeds, raw fruit and raw vegetables.
6. Phytosanitary certificates to accompany certain consignments.
7. Supplemental certificates to accompany certain consignments.
8. Further provisions as to phytosanitary and supplemental certificates.
9. Examination and sampling.
10. Procedure when plants, seeds, raw fruit or raw vegetables are landed in contravention of this Order.
11. Procedure in the case of landing of unhealthy produce.
12. Information regarding imported produce.
13. Licences.
14. Service of notices.
15. Offences.
ARRANGEMENT OF SCHEDULES
Schedule
1. Restrictions on the importation into England, Wales or Scotland of plants and certain seeds, raw fruit and raw vegetables (other than those excepted by Article 4).
Schedule
Part
PLANTS IA Landing prohibited
IB General conditions subject to which landing is
permitted
IC Additional conditions applying in particular
cases
SEEDS IIA Landing prohibited
IIB Conditions subject to which landing is
permitted
RAW FRUIT IIIA Landing prohibited.
IIIB Conditions subject to which landing is
permitted.
RAW VEGETABLES IV Conditions subject to which landing is
permitted.
2. Phytosanitary certificate for plants.
3. Phytosanitary certificate for certain seeds, raw fruit and raw vegetables.
4. Supplemental certificate required in cases where plants and certain seeds, raw fruit and raw vegetables 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 section 1 of the Destructive Insects Act 1877(a) as extended by section 1 of the Destructive Insects and Pests Act 1907(b) and amended by section 1 of the Destructive Insects and Pests Act 1927(c) and of every other power enabling them in that behalf, order as follows:—
Citation, extent and commencement
1. This Order which may be cited as the Importation of Plants and Plant Produce (Health) (Great Britain) Order 1965 shall apply to England and Wales and Scotland and shall come into operation on 15th September 1965.
Revocation of previous Orders
2. The Orders specified in Schedule 5 to this Order are hereby revoked.
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;
"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 unloaded from an aircraft and imported by post and
"landing" shall be construed accordingly;
(a) 40 & 41 Vict. c. 68.
(b) 7 Edw. 7. c. 4.
"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;
"premises" includes any vehicle, vessel or aircraft;
"produce" means—
(a) plants (including trees and bushes) or parts thereof, intended for growing, planting or propagation or for ornamental use,
(b) seeds,
(c) fruit,
(d) vegetables other than potatoes, or
(e) 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;
"unhealthy" means carrying or affected with any bacterium, fungus, 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—
(a) any potato, potato plant or part thereof the landing of which is for the time being prohibited or restricted under the Importation of Potatoes (Health) (Great Britain) Orders 1964(a) or
(b) 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) Any reference in this Order to any other Order shall be construed as a reference to such Order as amended by any subsequent Order and, if any Order referred to in this Order is replaced by any subsequent Order, the reference shall be construed as a reference to such subsequent Order.
(4) The Interpretation Act 1889(b) 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 shall apply to any produce grown in Great Britain.
(2) Nothing in this Order excepting Articles 9, 11, 12, 14 and 15 shall apply to any plants, seeds, raw fruit or raw vegetables grown in Northern Ireland, the Republic of Ireland, the Isle of Man or the Channel Islands.
Restrictions on the landing of plants and of certain seeds, raw fruit and raw vegetables
5.—(1) The landing in England, Wales or Scotland of any particular plants, seeds or raw fruit described in the second column of Parts IA, IIA or IIIA of
(a) S.I. 1964/409, 1979 (1964 I, p. 674; III, p. 4489).
(b) 52 & 53 Vict. c. 63.
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, seeds or raw fruit.
(2) The landing in England, Wales or Scotland of any particular plants, seeds raw fruit or raw vegetables described in the second column of Parts IB, IC, IIB, IIIB or IV 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, seeds, raw fruit or raw vegetables are or have been complied with.
Phytosanitary certificates to accompany certain consignments
6.—(1) Where a consignment of plants, seeds, raw fruit or raw vegetables 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, 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, seeds, raw fruit or raw vegetables 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, seeds, raw fruit or raw vegetables 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, seeds, raw fruit or raw vegetables 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, seeds, fruit or vegetables as the case may be were grown, shall also be accompanied in respect of each such country by a supplemental certificate in the form set out in Schedule 4 to this Order.
(2) The supplemental 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, seeds, raw fruit or raw vegetables have been unloaded or landed.
(3) The supplemental certificate shall have been signed not more than 14 days prior to the date of despatch of the consignment.
Further provisions as to phytosanitary and supplemental certificates
8.—(1) Where a phytosanitary certificate or a supplemental certificate is issued in a country of which the language is other than English it shall incorporate or be accompanied by a translation into the language of that country, which translation, if it is in a document separate from the certificate, shall have been duly completed and signed by or on behalf of the officer by whom or on whose behalf the certificate was signed.
(2) Except in the case of consignments imported by post, phytosanitary certificates and supplemental certificates shall be...
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