- Situation
- Plants, young plants or trees delivered carrying a disease, a pest or a regulated organism
- Who is concerned
- Nurseries, horticulturists, fruit and vegetable growers, landscapers, garden centres; suppliers
- Urgent
- Isolate the batch, do not plant or resell, notify the supplier in writing; report any suspected quarantine pest to the authorities
- Time limits under French law
- Latent defect: two years from discovery; reservations to the carrier: three days after receipt
In short
A seller of plants must deliver healthy plants that conform to what was promised. If the batch was contaminated at delivery, the buyer may obtain replacement, refund and compensation for the loss, including contamination of its own crops. Everything turns on proving the origin of the disease: the first days count.
Three very different situations
- A quarantine pest: its presence, even suspected, must be reported immediately to the authorities, and official measures may follow.
- A regulated non-quarantine pest: tolerated on plants for planting only below set thresholds.
- A common disease or pest: a question of the quality promised in the contract, not of plant health regulation.
What the plant tells us
The incubation period of a disease, the stage of the symptoms, the condition of the roots and growing medium, the presence of the organism on other batches of the same origin: these agronomic facts show whether the contamination existed before delivery or appeared afterwards.
What to do on receipt
- Check the batch on delivery and note precise reservations on the delivery note.
- Isolate the plants from your other crops.
- Photograph and document: symptoms, labels, passports, batch numbers.
- Have samples analysed by an accredited laboratory.
- Notify the supplier in writing without delay and keep control plants.
Remedies against the supplier
- Non-conformity: the plants do not match the order.
- Latent defect: a contamination not visible on receipt and pre-dating the sale; under French law, a professional seller is presumed to know the defects of what it sells and must compensate the full loss.
- Up the chain: the buyer may also act directly against the producer.
How the firm can help
- Organise findings, sampling and analysis from receipt.
- Assist you with the plant health authorities.
- Send a formal demand to the supplier, negotiate or request court-appointed expert proceedings.
- Defend the nursery or producer when the disease has another origin.
General information on French and EU law, which does not replace an analysis of your situation. Read the French version.