- appropriate Minister
means in the application of this Order to England the Minister of Agriculture, Fisheries and Food, in its application to Scotland the Secretary of State for Scotland and in its application to Wales the Secretary of State for Wales;
- approved immune variety
means a variety of potatoes approved for the time being by the appropriate Minister as being immune from wart disease of potatoes;
- approved resistant variety
means a variety of potatoes approved for the time being by the appropriate Minister as being resistant to one or more pathotypes of potato cyst nematode;
- authorised officer
means— (a) in relation to a certificate, translation or copy issued in Great Britain, an inspector or other officer of the appropriate Minister, and (b) in relation to a certificate, translation or copy issued in a place other than Great Britain, a representative of the Plant Protection Service of the country in which the certificate, translation or copy was issued;
- beet cyst nematode
means the cyst forming nematodeHeterodera schachtii Schmidt;
- Central America
means the geographical area comprising Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama and the islands commonly known as the West Indies;
- chrysanthemum
means plants (other than seeds) of those species, cultivars and hybrids of the genusDendranthema(DC.) Des Moulins commonly known as the florists' chrysanthemum;
- Colorado Beetle
means the insectLeptinotarsa decemlineata(Say);
- Customs Act
means the Customs and Excise Management Act 1979;
- Directive 77/93/EEC
means Council Directive of 21st December 1976 on protective measures against the introduction into the Member States of harmful organisms of plants or plant products as amended by the instruments listed in Schedule 5;
- Europe
includes the Canary Islands, but does not include Cyprus, Turkey or the following regions of the Union of Soviet Socialist Republics, namely the Kazakh, Kirghiz, Tadzhik, Turkmen and Uzbek Soviet Socialist Republics and the following regions of the Russian Soviet Federal Socialist Republic, namely the Buryat, Yakut and Tuva Autonomous Soviet Socialist Republics, the Altai, Khabarovsk, Krasnoyarsk and Maritime Krais and the Amur, Chita, Irkutsk, Kamchatka, Kemerovo, Kurgan, Magadan, Novosibirsk, Omsk, Sakhalin, Tomsk and Tyumen Oblasts;
- farm
means the whole of the land which is occupied as a unit for agricultural purposes;
- genetic manipulation
means the formation of new combinations of heritable material by the insertion of nucleic acid molecules, produced by whatever means outside the cell, into any virus, bacterial plasmid, or other vector system so as to allow their incorporation into a host organism in which they do not naturally occur but in which they are capable of continued propagation;
- genetically manipulated material
means material derived from any activity which has involved genetic manipulation and which has resulted or, in the opinion of the appropriate Minister, is likely to result in the production of a plant pest, or any activity which has involved genetic manipulation of a plant pest, and includes material which contains a plant pest which has been genetically manipulated;
- growing medium
means material, intended to sustain the life of plants, which consists wholly or partly of soil or peat (whether used or unused) or of any other solid substance;
- inspector
means a person appointed by the appropriate Minister to be an inspector for the purposes of this Order;
- landed
includes imported by post and “landing” shall be construed accordingly;
- Member State
means a Member State of the European Community other than the United Kingdom and does not include the Isle of Man or any of the Channel Islands or the French overseas departments, the Canary Islands, Ceuta or Melilla;
- North America
means the geographical area comprising Canada, Mexico and the United States of America (except the state of Hawaii);
- nursery
means any premises wholly or partly used for the cultivation or keeping of plants for the purpose of transplantation or removal to other premises;
- phytosanitary certificate
means a certificate duly completed either in the form set out in Schedule 6 or the equivalent in a language other than English;
- place of production
means any premises, normally worked as a unit, together with any contiguous uncultivated land;
- plant
means a living plant or living part of a plant, including any tree, shrub, bush or seed and includes, where the context so admits, any growing medium, packing material and container attached thereto or associated therewith, and “living part of a plant” shall be considered to include— (a) raw fruit, (ii) raw vegetables, (iii) tubers, corms, bulbs or rhizomes, (iv) cut flowers, (e) branches with foliage, (vi) cut trees retaining foliage, and (vii) plants in tissue culture;
- plant in tissue culture
means a plant growing in a clear liquid or clear solid aseptic culture medium in a closed transparent container;
- plant pest
means a pathogen, or any living organism other than a vertebrate animal in any stage of its existence, which is injurious to any plant and includes a culture of such pathogen or organism;
- plant product
means a product of plant origin, which is unprocessed or has undergone simple preparation insofar as it is not a plant and includes any packing material and container associated therewith;
- potato
means any tuber or true seed or any other plant ofSolanum tuberosum L. or other tuber-forming species or hybrid of the genusSolanum L.;
- potato cyst nematode
means cyst-forming nematodes of the genusGlobodera Skarbilovich (Behrens) that infest and multiply on potatoes and includes all strains and pathotypes thereof;
- premises
includes any land, building, vehicle, vessel, aircraft, hovercraft or freight container;
- progressive wilt disease
means either the disease of hop plants which is caused by strains ofVerticillium albo-atrum Reinke and Berth. and is known as progressive wilt disease of hops or progressive verticillium wilt of hops or any strain of the fungusVerticillium albo-atrum Reinke and Berth. causing that disease as the context may require;
- re-forwarding phytosanitary certificate
means a certificate duly completed either in the form set out in Schedule 7 or the equivalent written in a language other than English;
- red core disease of strawberries
means either the disease of strawberry plants which is caused by the fungusPhytophthora fragariae Hickman and is known as red core disease of strawberries or that fungus as the context may require;
- seed
means seed in the botanical sense, other than seed not intended for planting;
- soil
means material wholly or partly derived from the upper layer of the earth’s crust which is capable of sustaining plant life and which contains solid organic substances such as parts of plants, humus, peat or bark, but does not include material composed entirely of unused peat;
- South America
means the geographical area comprising Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, French Guiana, Guyana, Paraguay, Peru, Surinam, Uruguay and Venezuela;
- the Euro-Mediterranean area
means the geographical area comprising Europe, Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Libya, Malta, Morocco, Syria, Tunisia and Turkey;
- the fire blight free region
means the region comprising Scotland and the counties of Northumberland, Cumbria, Tyne and Wear, Durham, Cleveland and North Yorkshire (except the district of Selby and the Borough of York).
- the protected region
means the whole of Scotland and the following parts of England, namely, the county of Northumberland excluding the district of Blyth Valley and Wansbeck, and the county of Cumbria excluding the districts of Barrow-in-Furness and South Lakeland.
- the specified area
means the area comprising the counties of—
- third country
means a country or territory other than a Member State, the United Kingdom, the Isle of Man or any of the Channel Islands;
- wart disease of potatoes
means either the disease of potatoes which is caused by the fungusSynchytrium endobioticum(Schilb.) Perc. and is known as wart disease of potatoes or that fungus as the context may require.