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The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

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Regulation 38

[F1SCHEDULE 3AE+WOffences: relevant offences in the Windsor Framework (Plant Health) Regulations 2023

This schedule has no associated Explanatory Memorandum
Provision of the Windsor Framework (Plant Health) Regulations 2023Subject matter
Regulation 9(3)Imposes requirements on authorised operators for the issuance of a Northern Ireland plant health label.
Regulation 11(1) and (2)Requires authorised operators:
(a) to identify and monitor the points in their production process and the points concerning the movement of the relevant goods which are critical as regards compliance with regulation 12 and regulation 13 of the Windsor Framework (Plant Health) Regulations 2023, where they intend to issue a Northern Ireland plant health label; and
(b) to keep records concerning the identification and monitoring of those points for at least three years.
Regulation 11(3)Requires authorised operators to ensure that appropriate training is provided to its personnel involved in examinations.
Regulation 12Prohibits issuance of a Northern Ireland plant health label unless specified conditions are fulfilled, but breach of regulation 12 is only an offence where that label is issued by an authorised operator.
Regulation 14(1)Imposes requirements on authorised operators in relation to attaching a Northern Ireland plant health label.
Regulation 14(2)Imposes requirements on professional operators in relation to attaching a Northern Ireland plant health label.
Regulation 18(1) to 18(4)Imposes requirements on authorised operators and professional operators in relation to record keeping.
Regulation 18(5)Imposes requirements on professional operators to communicate information to the competent authority, on request.
Regulation 19(4)Imposes conditions in relation to issuance of a replacement Northern Ireland plant health label, but breach of regulation 19(4) is only an offence where that label is issued by an authorised operator.
Regulation 19(6) and (7)Imposes requirements on authorised operators in relation to retention of a replaced Northern Ireland plant health label or its content.
Regulation 20(2), (3), (5) and (7)Imposes requirements on professional operators in relation to invalidation and removal of a Northern Ireland plant health label.
Regulation 21Prohibits the despatch of consignments with a Northern Ireland plant health label to Northern Ireland by persons other than authorised operators and registered operators, and by authorised operators and registered operators unless specified conditions are fulfilled.]

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