The Marketing of Fruit Plant and Propagating Material (England) (Amendment) Regulations 2025

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.

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 Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 (“the Fruit Marketing Regulations”) are amended in accordance with Regulations 3 to 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;”.

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.”.

Omit regulation 31 (review).

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”.

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”.

After Schedule 5, insert Schedule 6 which is set out in the Schedule to these 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;...