S.L. 433.8 Art. 3Interpretation.

For the purpose of these regulations, the following definitions shall apply:

"the Act" means the Plant Quarantine Act;

"basic material" refers to propagation material which:

(a) has been produced either directly or in a known number of stages in a vegetative way from pre-basic material, according to generally accepted methods, for the maintenance of the identity of the variety including the relevant pomological characteristics and for the prevention of diseases;

(b) is intended for the production of certified material;

(c) satisfies the specific requirements for basic material,

*Revoked by these regulations. established pursuant to regulation 5; and

(d) has been found by official inspection to satisfy the above mentioned conditions; "basic mother plant" means a mother plant intended for the production of basic material; "candidate pre-basic mother plant" means a mother plant which the supplier intends to have accepted as pre-basic mother plant; "category" means pre-basic material, basic material, certified material or CAC material; "certified material" refers to:

(a) propagation material which:

(i) which has been produced directly in a vegetative way from basic material or pre-basic material or, if intended to be used for the production of rootstocks, by certified seeds from basic or certified material of rootstocks;

(ii) is intended for the production of fruit trees;

(iii) satisfies the specific requirements for certified material, established pursuant to regulation 5; and

(iv) has been found by official inspection to satisfy the above mentioned conditions;

(b) fruit trees which:

(i) have been produced directly from certified, basic or pre-basic propagation material;

(ii) are intended for the production of fruit;

(iii) satisfy the specific requirements for certified material, established pursuant to regulation 5; and

(iv) have been found by official inspection to satisfy the above mentioned conditions; "certified mother plant" means a mother plant intended for the production of certified material; "clone" refers to the vegetative genetically uniform progeny of a single plant; "Conformitas Agraria Communitatis material" or "CAC material" refers to propagation material and fruit trees which:

(a) have varietial identity and adequate varietal purity;

(b) are intended for: - the production of propagation material; - the production of fruit trees, and/or - the production of fruit;

(c) satisfy the specific requirements for CAC material established pursuant to regulation 5; "cryopreservation" means the maintenance of plant material by cooling to ultra-low temperatures, in order to retain the viability of the material; "the Director" means the Director responsible for the Directorate and includes to the extent of the authority given, any officer authorised by him, in writing, to act in that behalf for any of the purposes of the Act;

"the Directorate" means the Directorate responsible for plant health;

"fruit trees" are plants intended to be planted or replanted, after marketing;

"fruiting plant" means a plant propagated from a mother plant and grown for the production of fruit in order to permit the verification of the varietal identity of that mother plant; "laboratory" means any facility used for the testing of propagating material and fruit plants; "lot" is a number of units of a single commodity, identifiable by its homogeneity in composition and origin; "marketing" refers to the sale, holding with a view to sale, offer for sale and any disposal, supply or transfer aimed at commercial exploitation of propagation material or fruit trees to third parties, whether or not for consideration;

"micropropagation" means the multiplication of plant material in order to produce a large number of plants, using culture of in vitro differentiated vegetative buds or differentiated vegetative meristems taken from a plant; "mother plant" means an identified plant from which material is taken for propagation; "multiplication" means vegetative production of mother plants in order to obtain a sufficient number of mother plants in the same category;

"official inspection" is an inspection carried out by the responsible official body or under the responsibility of the responsible official body; "pest" means any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products and listed in Schedules A, B and C of Schedule IV; "practically free from defects" means that defects, likely to impair the quality and usefulness of the propagating material or fruit plants, are present at a level equal to, or lower than, the level expected to result from good cultivating and handling practices, and that level is consistent with good cultivating and handling practices; "practically free from pests" means that the extent to which pests are present on the propagating material or fruit plants is sufficiently low to ensure acceptable quality and usefulness of the propagating material;

"pre-basic material" refers to propagation material which:

(a) has been produced according to generally accepted methods for the maintenance of the identity of the variety including the relevant pomological characteristics and for the prevention of diseases;

(b) is intended for the production of basic material or certified material other than fruit plants;

(c) satisfies the specific requirements for pre-basic material established pursuant to regulation 5; and

(d) has been found by official inspection to satisfy the above mentioned conditions; "pre-basic mother plant" means a mother plant intended for the production of pre-basic material; "propagation material" refers to seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants; "regulated non-quarantine pests", hereafter referred to as "RNQPs", means a pest that fulfils all the conditions set out under Article 36 of Regulation (EU) 2016/2031 of the European Parliament and the Council as regards protective measures against pests of plants, and is included in the list of Union regulated non-quarantine pests under Annex IV of Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation

(EU) 2016/2031 and repealing Commission Regulation (EC) No 690/ 2008 and amending Commission Implementing Regulation (EU) 2018/ 2019; "renewal of a mother plant" means replacing a mother plant by a plant vegetatively produced from it; "responsible official body" means the Directorate;

"supplier" means any natural or legal person carrying out professionally at least one of the following activities with regards to propagation material or fruit trees: reproducing, producing, preserving or treating, importing and marketing; "test" means examination, other than visual inspection; "variety" refers to a plant grouping within a single botanical taxon of the lowest known rank, which can be:

(a) defined by the expression of the characteristics resulting from a given genotype or combination of genotypes;

(b) distinguished from any other plant grouping by the expression of at least one of the said characteristics; and

(c) considered as an entity in view of its ability to be propagated unchanged.

"visual inspection" means the examination of plants or parts of plants using the unaided eye, lens, stereoscope or microscope;