Stem and Bulb
Eelworm (Jersey) Order 1971[1]
THE ECONOMIC
DEVELOPMENT COMMITTEE, in pursuance of Article 2 of the Destructive Insects and Pests (Jersey) Law 1960, orders as follows –
Commencement [see endnotes]
1 Interpretation
(1) In
this Order –
“authorized officer”
means an officer in an administration of the States for which the Minister is
assigned responsibility, being an officer authorized for the purposes of this Order;
“forced production
under glass” means growth in natural and artificial heat under glass, or
other translucent material having a durability and transparency similar to
glass, for the purpose of flower production;
“holding”
means an area of land owned or occupied by a narcissus grower;
“occupier”
means, in relation to any land, the person having the use of the land and
“occupied” shall be construed accordingly;
“stem and bulb
eelworm” means Ditylenchus dipsaci.
(2) This
Order shall apply to bulbs of all species and hybrids of the genus Narcissus L
and in this Order the word “bulbs” shall be construed accordingly.
2 Registration
(1) The
occupier of any land which is, or during the 12 month period next after the
date of application will be, planted with bulbs for commercial production shall
register each year with the Minister.
(2) Applications
for registration shall be submitted during the month of October in such form as
the Minister may determine and shall expire on 30th September next following
the date of application.
(3) On
receipt of an application under this Article, the Minister shall cause the
applicant’s stock of bulbs, whether growing or in store, to be inspected
by an authorized officer.
3 Establishment
and maintenance of land register[2]
(1) The
Minister may establish and maintain a register of information about land which
is, or will be, planted with bulbs for commercial production (in this Article referred
to as the “land register”).
(2) The land register shall
be in such form as the Minister may determine and shall include the particulars
specified in paragraph (3) and such other particulars as the Minister may from
time to time determine.
(3) The particulars
referred to in paragraph (2) are –
(a) field
numbers in which bulbs are, or are to be planted, by an occupier registered
under Article 2;
(b) the
year, if any, in which bulbs were last planted in those fields;
(c) the
extent, if any, to which stem and bulb eelworm was present in bulbs planted in
those fields during the 4 years prior to the date of application for
registration under Article 2.
(4) The land register shall
be open for inspection by members of the public at all reasonable times.
4 Movement
of bulbs
(1) Except under and in
accordance with the provisions of a licence granted by or on behalf of the
Minister no person shall move or cause to be moved from one holding to another
any bulbs:
Provided that this paragraph shall not prevent the movement of bulbs
to or from any plant for treatment against stem and bulb eelworm.
(2) No licence may be
issued except –
(a) to a person
registered under Article 2; and
(b) in
respect of bulbs which have been inspected whilst growing and whilst in store
by an authorized officer.
5 Application
for licence
(1) Application for the grant or renewal of a licence
shall be in such form as the Minister may determine.
(2) On
receipt of an application under this Article for the grant of a licence, the
Minister shall cause the applicant's stock of bulbs, or a sample thereof, to be
inspected by an authorized officer and, on receiving the report of that
officer, shall issue to the applicant a licence of the appropriate category
determined as follows –
(a) where
stem and bulb eelworm is not present in the bulbs inspected, a licence of
category ‘A’ shall be issued;
(b) where
stem and bulb eelworm is present in 5% or less of the bulbs inspected, a
licence of category ‘B’ shall be issued;
(c) in
all other cases a licence of category ‘C’ shall be issued.
(3) Paragraph (2) shall
apply in relation to an application for renewal of a licence, as it applies in
relation to the grant of a licence, except that a person may, in respect of
bulbs which have –
(a) for a
continuous period of at least 2 years prior to the present application been
licensed in category
‘C’ or category ‘B’ respectively; and
(b) been
treated against stem and bulb eelworm in a manner which, to the satisfaction of
the inspecting officer, has been effective in controlling the infestation,
apply for the bulbs to be licensed in category ‘B’ or
category ‘A’ respectively.
(4) The Minister
may revoke or vary any licence granted under this Article.
6 Provisions
of licence
(1) All licensed bulbs may
be moved from any holding for the purposes of treatment against stem and bulb
eelworm or destruction or for packing for export on land approved for that
purpose by the Minister.
(2) Subject to paragraph (1),
the provisions of the respective categories of licence shall be as follows –
(a) the
movement of bulbs in category ‘A’ shall be unrestricted;
(b) the
movement of bulbs in category ‘B’ shall be permitted for the
purpose of forced production under glass and, after they have undergone such
treatment against stem and bulb eelworm as the Minister may from time to time
determine, the movement of bulbs in this category shall be unrestricted;
(c) the
movement of bulbs in category ‘C’ shall be prohibited.
7 Inspection
of bulbs
(1) For the purposes of the
enforcement of this Order, an authorized officer may, subject to the production
by the officer if so required of evidence of his or her authority, enter on any
land occupied by the holder of a licence issued under this Order for the
purpose of inspecting and taking samples of any bulb growing in or in store on
the land.
(2) The occupier of any
land and any person in the occupier’s employment shall render to an
authorized officer all such reasonable assistance and, if authorized so to do,
furnish the officer with such information as may be required for the purposes
of this Order.
8 Seizure
and treatment of bulbs
(1) An authorized officer
may seize any bulbs which are being moved in contravention of Article 4
and the Minister shall hold such bulbs and shall not return them to the owner
until they have undergone such treatment against stem and bulb eelworm as the
Minister may consider necessary.
(2) Any bulbs which are
returned to Jersey following rejection in the country to which they were to be
exported on the grounds of stem and bulb eelworm infestation shall, on being
unloaded in Jersey, be given into the custody of the Minister and shall not be
returned to the grower until they have undergone such treatment against stem
and bulb eelworm as the Minister may consider necessary.
9 Citation
This Order may be cited as the Stem and Bulb Eelworm (Jersey)
Order 1971.