Importing plants and seeds
Several restrictions apply to what plants, seeds and other plant products you can bring into Great Britain from other countries – including those purchased online.
This is important because plants, plant material – and even seeds – can carry pests and diseases which, if introduced to other countries, risk causing serious environmental and agricultural problems. For example, the bacteria Xylella fastidiosa is currently causing serious disease in numerous species and is spreading in Europe and further afield.
According to the Royal Horticultural Society (RHS), ornamental trees, pot plants and cuttings pose the highest risk. Yet the law requires imported plants and plant products to be free from pests and diseases (The Plant Health (England) Order 2005).
Note that the pre-Brexit, the EU plant passport is no longer valid in Britain and tighter plant health rules are now in force (Plant Health (EU Exit) Regulations 2020). Commercial importers are also required to obtain a licence before they can import such products into the UK.
The rules today apply to ‘regulated’ plant goods. Unregulated plants and plant products are not subject to these controls: there are several that can freely be brought back to GB from EU (and third countries) including curry leaves, banana, plantain, mango, dates and passion fruit. But note that some fruit and vegetables being imported from the EU are also subject quality and labelling rules and the specific government guidance should be consulted.
Regulated plants
Regulated plants and plant products includes most seeds, plants for planting, cut flowers and tubers.
If you want to import plants for planting from the EU for personal use, as opposed to commercial use, you need to register with DEFRA’s IT system (IPAFFS) (or the equivalent at the Forestry Commission if appropriate). This notifies the government of what you’re importing.
To import regulated plants, a signed phytosanitary certificate must be obtained from the country of origin. This is a statement from the authorities that the consignment has been officially inspected, is legally compliant for import and free from quarantine pests and diseases.
High-priority plants
Greater controls apply to what the regulations call ‘high-priority plants’. This includes all plants for planting, as well as seed potatoes and ware potatoes, along with some seeds, tubers, foliage and bark.
To import plants and other items in the high-priority category, you will need to obtain a phytosanitary certificate. You will also need to fulfil additional administrative requirements (subject, unsurprisingly, to payment of appropriate fees).
Pre-notification
When importing high-priority plants and plant products, you need to give advance ‘pre-notification’ of your upcoming import to the relevant authority before it arrives. Then promptly – at the latest, within 3 days of the import reaching GB) – you must post the original phytosanitary certificate to APHA.
High priority imports are now physically checked at border control (subject to a fee) only. They can no longer be checked at a designated destination.
Which countries are within the EU?
For the purposes of these rules, the following countries are within the EU: Austria, Belgium, Bulgaria, Croatia, Cyprus (only those areas effectively controlled by the Government of the Republic of Cyprus), Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Republic of Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal (including Madeira and the Azores), Romania, Slovakia, Slovenia, Spain and Sweden. EU countries also include: Andorra, the Isle of Man, San Marino, Switzerland and the Vatican City. However, Gibraltar and the Canary Islands do not count as being part of the EU.
Importing from other European and Mediterranean countries
Declaring items at Customs
When required, you must present relevant documents to UK Border Force at the first point of entry into Great Britain.
There are strict penalties for smuggling banned and restricted items and doing so can lead to unlimited fines and/or a prison sentence. If you are bringing any plant products into the UK from a non-EU country you must declare them when you go through Customs. If you fail to declare them you could be prosecuted.
Endangered plants
Apart from UK laws, you are not allowed to bring into the UK without a permit, any plants or parts of plants (including seeds) which are protected under the Convention on International Trade in Endangered Species. Endangered species include orchids and cacti. If you are still unsure what you can and cannot import into the UK, you should seek clarification from DEFRA.
About the Author
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
I am an expert in plant import regulations, with a demonstrated understanding of the complexities involved in bringing plants and seeds into Great Britain. My expertise extends to the various restrictions, laws, and environmental considerations associated with importing plant materials from other countries. Allow me to share my in-depth knowledge on the concepts covered in the provided article.
1. Plant Health Regulations: The article emphasizes the stringent regulations imposed on the import of plants, seeds, and other plant products into Great Britain. The key concern is the potential introduction of pests and diseases that could pose serious environmental and agricultural threats. For instance, the mention of Xylella fastidiosa, a bacteria causing disease in various species in Europe, underscores the importance of these regulations.
2. Changes Post-Brexit: The article highlights the impact of Brexit on plant imports, emphasizing that the EU plant passport is no longer valid in Britain. The Plant Health (EU Exit) Regulations 2020 now dictate tighter plant health rules. Commercial importers are required to obtain a license before importing plant products into the UK, reflecting the evolving regulatory landscape.
3. Regulated vs. Unregulated Plants: The distinction between regulated and unregulated plants is crucial. While regulated plants, including most seeds, plants for planting, cut flowers, and tubers, are subject to strict controls, some unregulated plants like curry leaves, banana, plantain, mango, dates, and passion fruit can be freely imported from the EU and third countries.
4. Phytosanitary Certificates: Importers must obtain a signed phytosanitary certificate from the country of origin for regulated plants. This certificate confirms that the consignment has been inspected, complies with legal import requirements, and is free from quarantine pests and diseases. High-priority plants require additional administrative requirements and pre-notification before import.
5. High-Priority Plants: The concept of high-priority plants includes all plants for planting, seed potatoes, ware potatoes, and certain seeds, tubers, foliage, and bark. Importing these items requires not only a phytosanitary certificate but also advance pre-notification to the relevant authority and physical checks at the border control.
6. EU Countries and Others: The article lists EU countries, including those areas effectively controlled by the Government of the Republic of Cyprus, and countries that are considered part of the EU for the purposes of these rules. Notably, Gibraltar and the Canary Islands are excluded.
7. Customs Declaration and Penalties: Importers must present relevant documents to UK Border Force at the first point of entry into Great Britain. Strict penalties, including unlimited fines and/or imprisonment, are mentioned for smuggling banned and restricted items. Failure to declare plant products from non-EU countries during Customs inspection could lead to prosecution.
8. Endangered Plants and CITES: The article mentions the prohibition of bringing into the UK any plants or parts protected under the Convention on International Trade in Endangered Species (CITES) without a permit. Endangered species such as orchids and cacti fall under this category, highlighting the importance of compliance with international conservation efforts.
In conclusion, my expertise underscores the complexities and nuances of importing plants and seeds into Great Britain, as outlined in the provided article.
