The Marketing of Fruit Plant and Propagating Material (England) (Amendment) Regulations 2025
The Marketing of Fruit Plant and Propagating Material (England) (Amendment) Regulations 2025 amend the 2017 regulations.
Key changes include adding a definition of "marketing," updating the interpretation of EU Directive 2014/98/EU with a new Schedule 6, removing a review duty, requiring labeling for genetically modified varieties, correcting terminology, and updating pest and disease requirements.
These updates aim to modernize the regulations and ensure consistency with current scientific knowledge and risk assessments.
Arguments For
Improved accuracy and clarity: The amendments update taxonomic names and pest categorizations, ensuring consistency with recent scientific advances and risk assessments.
Enhanced consumer protection: The requirement for labeling genetically modified varieties provides greater transparency for consumers.
Streamlined regulation: Removing the review duty reduces administrative burdens on relevant parties.
Legal compliance: The amendments align UK legislation with EU Directive 2014/98/EU, ensuring continued compliance with international standards.
Arguments Against
Potential administrative burden: The new labeling requirements for genetically modified varieties may require additional effort for producers.
Unforeseen consequences: Changes to Annexes 1, 2, and 4 of Directive 2014/98/EU could have unforeseen impacts on plant health inspection procedures.
Limited impact assessment: The Explanatory Note mentions that no full impact assessment was produced, implying a lack of thorough analysis of potentially significant effects.
Focus on England and Wales only: The regulations only extend to England and Wales, potentially leading to inconsistencies across the UK.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 16(1), (1A), (3) and 36 of the Plant Varieties and Seeds Act 1964. The Secretary of State has consulted representatives of such interests as appear to the Secretary of State to be concerned in accordance with section 16(1) of the Plant Varieties and Seeds Act 1964.
The Secretary of State created these regulations, using powers granted by the Plant Varieties and Seeds Act 1964.
They consulted relevant stakeholders as required by the Act.
These Regulations may be cited as the Marketing of Fruit Plant and Propagating Material (England) (Amendment) Regulations 2025. They come into force on 7th October 2025. They extend to England and Wales.
The regulations' official title is the Marketing of Fruit Plant and Propagating Material (England) (Amendment) Regulations 2025.
They became effective October 7, 2025, and apply to England and Wales.
The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 (“the Fruit Marketing Regulations”) are amended in accordance with Regulations 3 to 8.
These regulations amend the 2017 Marketing of Fruit Plant and Propagating Material (England) Regulations, with the specific changes detailed in Regulations 3 through 8.
In regulation 2 (interpretation: general), after the entry for ““lot””, insert— ““marketing” means the sale, holding with a view to a sale, offer for sale, and any disposal, supply or transfer aimed at commercial exploitation of propagating material or fruit plants to third parties, whether or not for consideration;”.
A definition of "marketing" is added to regulation 2.
It encompasses various commercial activities involving the sale or transfer of fruit plants and propagating materials.
In regulation 3 (interpretation: Directives), paragraph (2), after “amended from time to time” insert ““as modified by Schedule 6 to these Regulations””. After regulation 3(2) insert— “(3) Schedule 6 has effect for making modifications to Directive 2014/98/EU.”.
Regulation 3 is amended to incorporate modifications to Directive 2014/98/EU, as outlined in Schedule 6.
A new paragraph (3) is added to explicitly state Schedule 6's role in the modifications.
Omit regulation 31 (review).
Regulation 31, which covered review procedures, has been removed.
In Schedule 2, in Part 2 (supplier’s documents: CAC material), after paragraph 8(b)(xi) insert— “; (xii) in the case of a genetically modified variety, a statement that the variety has been genetically modified and a list of the genetically modified organisms”.
Schedule 2 is updated to require labels for CAC (Certified Agricultural Category) materials to state if a variety is genetically modified and to list the modified organisms.
In Schedule 5, in Part 2 (certification of pre-basic material), in paragraph 4(2)(b) (rootstocks not belonging to a variety) for “variety” substitute “species”.
Schedule 5 is amended to correct an inaccuracy, replacing the term "variety" with "species" in a specific context related to rootstocks.
After Schedule 5, insert Schedule 6 which is set out in the Schedule to these Regulations.
A new Schedule 6, which details modifications to Directive 2014/98/EU as detailed in subsequent sections is added to the main regulations.
Schedule 6 Modifications to Directive 2014/98/EU Regulation 3(2) and (3) Modifications to Annex 1 Annex 1 (list of RNQPs for the presence of which visual inspection, and, in the case of doubts, sampling and testing, are required pursuant to Article 9(1), Article 10(1), Article 16(1), Article 21(1) and Article 26(1)) is to be read as if at the entry for— (a) “Ficus carica L.”, in the second column under “RNQPs”, at “Viruses, viroids, virus-like diseases and phytoplasmas” the entry for “Fig mosaic agent [FGM000]” were omitted; (b) “Fragaria L.”, in the second column under “RNQPs”, at “Viruses, viroids, virus-like diseases and phytoplasmas” the entry for “Candidatus Phytoplasma australiense Davis et al. [PHYPAU]” were omitted; (c) “Vaccinium L.”, in the second column under “RNQPs”, at “Fungi and oomycetes”, after the entry for “Godronia cassandrae (anamorph Topospora myrtilli) Peck [GODRCA]” were inserted—“Pucciniastrum minimum (Schweinitz) Arthur [THEKMI]”. Modifications to Annex 2 Annex 2 (list of RNQPs for the presence of which visual inspection, and, where applicable, sampling and testing are required pursuant to Article 9(2) and (4), Article 10(1), Article 16(1), Article 21(1), Article 26(1), and Annex IV) is to be read as if at the entry for—(a) “Malus Mill.”, in the second column under “RNQPs”, at “Viruses, viroids, virus-like diseases and phytoplasmas”, after the entry for “Fruit disorders” were inserted—“Tomato ringspot virus [TORSV0]”;... Modifications to Annex 4 Annex 4 (requirements concerning measures per genera or species and category pursuant to Article 10(4), Article 16(4), Article 21(4) and Article 26(2)) is to be read as if—(a) at point 6 (Fragaria L.), at point (d)(iii), the entry for “Candidatus Phytoplasma australiense Davis et al.” were omitted;...
Schedule 6 makes several amendments to Annexes 1, 2, and 4 of Directive 2014/98/EU. These amendments primarily involve removing or adding certain Regulated Non-Quarantine Pests (RNQPs) for various fruit plant species.
They also modify requirements in Annex 4 related to production sites, inspections, and testing for specific pests and diseases, adding additional requirements for monitoring and controlling Tomato ringspot virus in multiple species.
The changes aim to align the UK regulations with updated scientific knowledge and risk assessments.