Hi,

I need some help regarding cutting's/clones.

In a UK Court Of Law, can a cutting be classed as a plant if it doesn't have any roots?


thanx.....

KeenOne wrote:
Hi,

I need some help regarding cutting's/clones.

In a UK Court Of Law, can a cutting be classed as a plant if it
doesn't have any roots?

Interesting. I'd say it would be a plant if it could be shown that
you were probably intending to use it to produce a plant. (I mean
that I don't think it would _necessarily_ be a plant if it were, for
example, part of a flower-arrangement.) The Garden Law site may help:
http://www.gardenlaw.co.uk

But if there's money, jail, or reputation at stake I wouldn't rely on
the Internet: time to see a solicitor!

Mike.

A cutting is still a plant even without roots, the same way vegetables and
bulbs are plants even without roots.

Still, a legal interpretation may have nothing at all to do with reality.
Its the same way a tomato is legally considered to be a vegetable even
though botanically it is actually a fruit.


"KeenOne" wrote in message
...

Hi,

I need some help regarding cutting's/clones.

In a UK Court Of Law, can a cutting be classed as a plant if it doesn't
have any roots?


thanx.....


--
KeenOne

So what your saying is that if I buy a bunch of flowers from a florist, each flower by Law would be classed as a plant. It just doesn't sound right.

In article , KeenOne KeenOne.1f
writes

Hi,

I need some help regarding cutting's/clones.

In a UK Court Of Law, can a cutting be classed as a plant if it doesn't
have any roots?


I don't know about any legal definition of 'plant', but the
[horticultural] definition given in Chambers English Dictionary is:

n. a vegetable organism, or part of one, ready for planting or lately
planted: a slip, cutting, or scion: an offshoot; a sapling: any member
of the vegetable kingdom, esp. (popularly) one of the smaller kinds:
growth: amount planted
v.t. to put into the ground for growth: to set into position etc.
v.i. to plant trees or anything else

That dictionary is often used in law, so it would seem likely that a
cutting would be accepted in court as a plant.
--
Alan & Joan Gould - North Lincs.

Alan Gould wrote:
In article , KeenOne
KeenOne.1f writes

Hi,

I need some help regarding cutting's/clones.

In a UK Court Of Law, can a cutting be classed as a plant if it
doesn't have any roots?


I don't know about any legal definition of 'plant', but the
[horticultural] definition given in Chambers English Dictionary is:

n. a vegetable organism, or part of one, ready for planting or
lately
planted: a slip, cutting, or scion: an offshoot; a sapling: any
member
of the vegetable kingdom, esp. (popularly) one of the smaller
kinds:
growth: amount planted
v.t. to put into the ground for growth: to set into position etc.
v.i. to plant trees or anything else

That dictionary is often used in law, so it would seem likely that
a
cutting would be accepted in court as a plant.

This discussion will only have meaning if we can contextualize it. In
the same way, a court of law would need to know the context.

Is the OP being accused of, or contemplating, stealing a plant, for
example? And is he hoping to rely on the defence that he didn't take
a plant, because the plant material in question had no roots at the
time?

At a guess, I'd say the Chambers' Dictionary entry takes the form it
does in order to cover such eventualities; Collins has much the same
definition. This surmise is because a cutting certainly isn't a plant
in most people's everyday speech; and the broader definition isn't
quite in line with the first edition of the OED.

I think you're guilty, mate!

Mike.

In article , Mike Lyle mike_lyle_uk@REMO
VETHISyahoo.co.uk writes
At a guess, I'd say the Chambers' Dictionary entry takes the form it
does in order to cover such eventualities; Collins has much the same
definition. This surmise is because a cutting certainly isn't a plant
in most people's everyday speech; and the broader definition isn't
quite in line with the first edition of the OED.

I think you're guilty, mate!

Not me guv! It wos planted in me pocket :-(
--
Alan & Joan Gould - North Lincs.

Yeah, I guess i'm quilty as charged. I always knew it was a long shot but it's worth a try.

Thanx for the feedback........

"KeenOne" wrote in message
...

Hi,

I need some help regarding cutting's/clones.

In a UK Court Of Law, can a cutting be classed as a plant if it
doesn't
have any roots?

As an aside: To the best of my knowlefge, if you are propagating a
cutting of a "patented" plant for your own private use or pleasrue,
you are not breaking the law

Franz

Cereus-validus...wrote
though botanically it is actually a fruit.

I think it was Pterry who maintains that, technically, an elephant is a kind of nut.

On Sat, 20 Nov 2004 15:04:20 -0000, "Mike Lyle"
wrote:

This discussion will only have meaning if we can contextualize it. In
the same way, a court of law would need to know the context.

Is the OP being accused of, or contemplating, stealing a plant, for
example? And is he hoping to rely on the defence that he didn't take
a plant, because the plant material in question had no roots at the
time?

At a guess, I'd say the Chambers' Dictionary entry takes the form it
does in order to cover such eventualities; Collins has much the same
definition. This surmise is because a cutting certainly isn't a plant
in most people's everyday speech; and the broader definition isn't
quite in line with the first edition of the OED.

I think you're guilty, mate!

Don't forget the legal maxim that the law does not concern itself with
trivialities. In almost all cases, one cutting is a triviality.

An amusing story, but first some background: Canada is a highly
bureaucratic country, and the rules are made in Ottawa, thousands of
miles to the east, a city where they understandeth not the compulsions
that drive the gardeners of the west coast. It's hard to bring in
plants; it's not a question of whether the plant is carrying disease
or pests, or not, but whether you do or don't have an expensive piece
of paper saying it doesn't.

As a result, gardeners in BC are generally fairly seasoned smugglers.
Some of their tactics for circumventing stupid rules are quite
imaginative.

The story goes of a gal who bought a small plant of a special
rhododendron in Seattle and to get it past the douane, tucked it into
her big-hair do, popped her hat back on, and sailed through customs
unhindered.


--
Rodger Whitlock
Victoria, BC, Canada
to send email, change atlantic to pacific
and invalid to net