The Windsor Framework (Plant Health) Regulations 2023
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Change 1
19 Replacing a Northern Ireland plant health label
(1) An authorised operator which has received a trade unit of plants for planting or other object with a Northern Ireland plant health label, may issue a new Northern Ireland plant health label for that trade unit or other object, to replace the Northern Ireland plant health label initially issued, provided that the conditions in paragraph (4) are met. (2) A competent authority, acting on the application of a professional operator authorised under regulation 10(4)(b), may issue a new Northern Ireland plant health label for a consignment of seed potatoes to replace the Northern Ireland plant health label initially issued, provided that the conditions of paragraph (4) are met. (3) Where a trade unit of plants for planting or a consignment with a Northern Ireland plant health label is divided into two or more new trade units or consignments— (a) the authorised operator responsible for those new trade units or, in the case of consignments of seed potatoes, the competent authority acting on the application of a professional operator authorised under regulation 10(4)(b), must issue a Northern Ireland plant health label for each new trade unit or consignment resulting from the division, provided that the conditions set out in paragraph (4) are met; (b) those Northern Ireland plant health labels must replace the Northern Ireland plant health label issued for the initial trade unit or consignment. (4) An authorised operator or competent authority must not issue a Northern Ireland plant health label under paragraphs (1), (2) and (3) unless— (a) the traceability requirements referred to in regulation 18(3) (traceability) concerning the plants for planting, seed potatoes or other objects concerned are met; (b) the plants for planting, seed potatoes or other objects continue to comply with the requirements referred to in regulation 12 (substantive requirements), as applicable; (c) the characteristics of the plants for planting, seed potatoes or other objects have not changed. (5) Where a Northern Ireland plant health label is issued under paragraph (1), (2) or (3), the examination referred to in regulation 13 (examination) is not required. (6) Following the replacement of a Northern Ireland plant health label under paragraph (1), (2) or (3), the authorised operator concerned must retain the replaced Northern Ireland plant health label or its content for at least three years. (7) Where the replacement of a Northern Ireland plant health label under paragraph (1), (2) or (3) is carried out by the competent authority, the professional operator authorised under regulation 10(4)(b) on whose application it is issued must retain the replaced Northern Ireland plant health label, or its content, for at least three years. (8) The retention in paragraphs (6) and (7) may take the form of storage of information contained in the Northern Ireland plant health label in a computerised database, provided that this information includes the information contained in any traceability barcode, hologram, chip or data carrier which may supplement the information on the Northern Ireland plant health label referred to in regulation 8(b) (content and format).
19 Replacing a Northern Ireland plant health label
(1) An authorised operator which has received a trade unit of plants for planting or other object with a Northern Ireland plant health label, may issue a new Northern Ireland plant health label for that trade unit or other object, to replace the Northern Ireland plant health label initially issued, provided that the conditions in paragraph (4) are met. (2) A competent authority, acting on the application of a professional operator authorised under regulation 10(4)(b), may issue a new Northern Ireland plant health label for a consignment of seed potatoes to replace the Northern Ireland plant health label initially issued, provided that the conditions of paragraph (4) are met. (3) Where a trade unit of plants for planting or a consignment with a Northern Ireland plant health label is divided into two or more new trade units or consignments— (a) the authorised operator responsible for those new trade units or, in the case of consignments of seed potatoes, the competent authority acting on the application of a professional operator authorised under regulation 10(4)(b), must issue a Northern Ireland plant health label for each new trade unit or consignment resulting from the division, provided that the conditions set out in paragraph (4) are met; (b) those Northern Ireland plant health labels must replace the Northern Ireland plant health label issued for the initial trade unit or consignment. (4) An authorised operator or competent authority must not issue a Northern Ireland plant health label under paragraphs (1), (2) and (3) unless— (a) the traceability requirements referred to in regulation 18(3) (traceability) concerning the plants for planting, seed potatoes or other objects concerned are met; (b) the plants for planting, seed potatoes or other objects continue to comply with the requirements referred to in regulation 12 (substantive requirements), as applicable; (c) the characteristics of the plants for planting, seed potatoes or other objects have not changed. (5) Where a Northern Ireland plant health label is issued under paragraph (1), (2) or (3), the examination referred to in regulation 13 (examination) is not required. (6) Following the replacement of a Northern Ireland plant health label under paragraph (1), (2) or (3), the authorised operator concerned must retain the replaced Northern Ireland plant health label or its content for at least three years. (7) Where the replacement of a Northern Ireland plant health label under paragraph (1), (2) or (3) is carried out by the competent authority, the professional operator authorised under regulation 10(4)(b) on whose application it is issued must retain the replaced Northern Ireland plant health label, or its content, for at least three years. (8) The retention in paragraphs (6) and (7) may take the form of storage of information contained in the Northern Ireland plant health label in a computerised database, provided that this information includes the information contained in any traceability barcode, hologram, chip or data carrier which may supplement the information on the Northern Ireland plant health label referred to in regulation 8(b) (content and format).
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