Regional Act No. 3 laying down provisions on the protection of nurseries and marketing of plants and plant products.

This Act makes provision in matter of production and marketing of plants and plant products, without any prejudice to national and regional legislation relative to the production and marketing of particular plants. To carry out the above-mentioned activities, an authorization issued by the Regional Phytosanitary Structure is compulsory. The authorization shall be granted to: (a) producers of plants and related propagating materials (seeds are excluded) to be marketed; (b) traders of plants and plant propagating material (excluding seeds); (c) importers of plants and plant products, including seeds, listed out in Annex V, part B, to Directive 77/93/EEC; (d) producers of potatoes for human consumption and fruits; (e) traders of seed potatoes and tubers; (f) producers and traders of timber specified by Annex V, part A, to Directive 77/93/EEC. The Regional Register of Producers is established and shall be kept and updated by the Regional Phytosanitary Structure (art. 4). Holders of the above-mentioned authorization must comply with the obligations contained in article 5, which include: (a) keeping of documents relative to purchase of products hereby concerned and of plant passports, if prescribed; (b) carrying out periodically checks on phytosanitary conditions of cultures and, in case any harmful organism is found or suspected, informing immediately the Regional Phytosanitary Structure; (c) not placing on the market infected plants or plant products; (d) complying with directives and prescriptions provided for by the Regional Phytosanitary Structure. Furthermore, holders of the authorization must annually notify to the Region the characteristics of their production. Article 8 regulates the functions of the Regional Phytosanitary Structure, which covers, inter alia: (a) enforcement at the regional level of Community and national provisions relevant to phytosanitary matters; (b) performance of checks on plants and plant products at all stages of production, conservation and marketing; (c) analysis; (d) establishment of phytosanitary quarantines to prevent the spread of pests; (d) supply of technical assistance. Article 9, on the other hand, sets out powers and duties pertaining to phytosanitary inspectors. Further provisions concern inspection and penalties (including the suspension and withdrawal of the authorization).