BCSS - Forum

Thank you for reminding us of your article there, Terry.

It may be of interest that one European supplier (25/2/20) has said this - which may be significant for us after we "finally" leave the EU, and affect our choice of supplier.

"News of February 2020 = all Seeds Valid Phytocertificates with Cites is free of charge gratis (each our customer they will not pay)
All our seeds customers from outside the European Union will receive their mandatory Valid Phytocertificates with Cites free of charge from us (customer they will not pay) "

That supplier is obviously in a country that does not charge much for such documentation. The UK has some of the highest charges in Europe for Phytosanitary and CITES certification.

Terry S. wrote: ↑Thu Mar 05, 2020 1:53 pm That supplier is obviously in a country that does not charge much for such documentation. The UK has some of the highest charges in Europe for Phytosanitary and CITES certification.

Sorry, didn't mean to be coy there. It's Petr Kupčák, Cactus Moravia, Czechia. FWIW I have had good service from him, for plants and seeds, although the seed prices aren't the lowest of the Czech suppliers perhaps.

But this does put a different complexion on the ENews addendum to your article by the editor. There is no need to despair over import costs from the EU after Brexit, at least as far as seeds are concerned.

Hi. Are there any updates about how the new legislation is being applied to individuals selling a small amount of plants from their own personal collection? Has anyone gone through registration and inspection - I was concerned that it said the minimum cost of an annual inspection is £123 and they charge for associated costs including travel.

I have been communicating with Plant Heritage about this and I know that they have been to and fro with DEFRA trying to get a definitive reply. So far no luck, except for:
Plants being mailed within the UK which are not being sold do not need plant passports. This has come from DEFRA.
The situation for amateurs selling small numbers of plants has not been spelled out and I continue to press Plant Heritage to press DEFRA for a statement on this. The supposed aims of preventing plant disease are admirable but the huge cost in the annual inspections is out of proportion for amateurs.
It would be good to have BCSS officially canvassing DEFRA too, to try and get them to issue a statement regarding amateur growers; the ideal situation would be for charges to be waived when profits are not being made.

The EU Directive is quite clear. It applies to professional operators. Only professional operators can issue plant passports. When I asked APHA to explain the legal basis for them saying that anyone doing distance selling had to issue plant passports, they said they would discuss it with the Government's legal advisors and get back to me. That was several months ago; they never did get back to me. It seems very clear to me that there is no legally valid basis for their assertion that the rules apply to amateurs. Someone somewhere has overstepped the mark, and no one is going to put their hand up and say "we made a mistake".

Paul D wrote: ↑Mon May 04, 2020 5:53 pm I have been communicating with Plant Heritage about this and I know that they have been to and fro with DEFRA trying to get a definitive reply. So far no luck, except for:
Plants being mailed within the UK which are not being sold do not need plant passports. This has come from DEFRA.
The situation for amateurs selling small numbers of plants has not been spelled out and I continue to press Plant Heritage to press DEFRA for a statement on this. The supposed aims of preventing plant disease are admirable but the huge cost in the annual inspections is out of proportion for amateurs.
It would be good to have BCSS officially canvassing DEFRA too, to try and get them to issue a statement regarding amateur growers; the ideal situation would be for charges to be waived when profits are not being made.

ralphrmartin wrote: ↑Mon May 04, 2020 6:32 pm The EU Directive is quite clear. It applies to professional operators. Only professional operators can issue plant passports. When I asked APHA to explain the legal basis for them saying that anyone doing distance selling had to issue plant passports, they said they would discuss it with the Government's legal advisors and get back to me. That was several months ago; they never did get back to me. It seems very clear to me that there is no legally valid basis for their assertion that the rules apply to amateurs. Someone somewhere has overstepped the mark, and no one is going to put their hand up and say "we made a mistake".

Thank you for your replies. I checked the legislation when I first sold some spare plants online a couple of years - at the time I think it said passports were only required for certain plant species susceptible to quarantine pests and disease. I checked and didn't have any of those plant species. I've only just found out about the update requiring all plants sold online to have a passport. I don't sell a lot of plants - only what I've grown on windowsills and in my mini greenhouse. After ebay/paypal fees and postage there's not much left of a 'profit' but as I'm self-employed anyway I've always just added it to my tax return. I was a little confused as it mentions 'professional operators' so wasn't sure at what point an individual was classed as this. When I looked at the forms it was asking about company position and head office location. But I checked with APHA and registered. I'm hoping the inspection won't cost too much so I can cover the cost.

I forget the exact figure, but the inspection fee was of the order of £60 per quarter of an hour, minimum £120, and "associated costs". So if your nearest APHA office is say an hour away (and it may be a lot further), you would be looking at 2.5 hours @ £60 per 15 minutes. That's £600. And if you live in a far flung place that could easily double. Anyone registering could be in for a rude shock when inspection time comes, when they will learn what "Professional" means...

DEFRA have issued some clarification of what is a professional grower for the purposes of plant passports. It seems that having a price list means you are a professional.
https://www.forum.bcss.org.uk/Amateurs.pdf

So if you just list the spare plants you have without prices on a website not dedicated to selling plants you are an amateur!?

Or use eBay to sell them? Surprised it doesn't mention auction sites (unless I missed that!)