Bringing plants and seeds into the UK

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Note that the pre-Brexit, the EU plant passport is no longer valid in Britain and tighter plant health rules are now in force (Plant Health (EU Exit) Regulations 2020).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 Laver LLB

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.

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