The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

Measures to be taken following the confirmation of the presence of Potato brown rot E+W

27.—(1) If the presence of Potato brown rot is confirmed following official testing carried out pursuant to paragraph 26(2)(a), the Secretary of State must ensure that the actions specified in sub-paragraphs (2) to (4) are taken in accordance with sound scientific principles, the biology of Potato brown rot and the relevant production, marketing and processing systems of host plants of Potato brown rot.

(2) In the case of susceptible material, the actions are—

(a) an investigation by a plant health inspector to determine the extent and the primary sources of the contamination [F1 which includes investigation of the following—

(i) potatoes which are growing or have been harvested that are clonally related to any contaminated potatoes;

(ii) tomatoes which are growing or have been harvested that are from the same source as any contaminated tomatoes;

(iii) potatoes or tomatoes which are growing or have been harvested that are under official control and are suspected to be contaminated with Potato brown rot;

(iv) potatoes which are growing or have been harvested that are clonally related to any potatoes that have been grown at the contaminated place of production;

(v) potatoes or tomatoes which are growing nearby the contaminated place of production, including those sharing production equipment and facilities directly or through a common contractor;

(vi) surface water used for irrigation and spraying from any source confirmed or suspected to be contaminated with Potato brown rot;

(vii) surface water used for irrigation and spraying from a source used in common with the contaminated and possibly contaminated places of production;

(viii) places of production which are flooded or have been flooded with contaminated or possibly contaminated surface water;

(ix) surface water used for irrigation or spraying of the contaminated place of production or flooded fields at the contaminated place of production;]

(b) further official testing, including on all clonally related seed potato stocks;

(c) the designation of the following as contaminated by a plant health inspector—

(i) the susceptible material and consignment or lot from which the sample was taken;

(ii) any objects which have been in contact with that sample;

(iii) any unit or field of protected crop production and any place of production of the susceptible material from which the sample was taken;

(d) a determination by a plant health inspector of the extent of probable contamination through pre- or post-harvest contact, through production, irrigation or spraying links or through clonal relationship;

(e) the demarcation of a zone by a plant health inspector on the basis of the designation under paragraph (c), the determination made under paragraph (d) and the possible spread of Potato brown rot, [F2 having regard to the relevant factors];

(3) In the case of host plants, other than susceptible material, where the production of susceptible material is identified to be at risk by a plant health inspector, the actions are—

(a) an investigation by a plant health inspector to determine the extent and the primary sources of the contamination [F3 which includes an investigation of the things referred to in sub-paragraph (2)(a)(i) to (ix)];

(b) the designation by a plant health inspector of host plants from which the sample was taken as contaminated;

(c) a determination of the probable contamination by a plant health inspector;

(d) the demarcation of a zone by a plant health inspector on the basis of the designation under paragraph (b), the determination made under paragraph (c) and the possible spread of Potato brown rot, [F4 having regard to the relevant factors].

(4) In the case of surface water and associated wild solanaceous host plants where production of susceptible material is identified by a plant health inspector to be at risk through irrigation, spraying or flooding of surface water, the actions are—

(a) an investigation by a plant health inspector to establish the extent of the contamination, which includes an official survey at appropriate times on samples of surface water and, if present, wild solanaceous host plants;

(b) the designation of surface water from which the sample was taken by a plant health inspector, to the extent appropriate and on the basis of the investigation under paragraph (a);

(c) a determination by a plant health inspector of the probable contamination on the basis of the designation made under paragraph (b);

(d) the demarcation of a zone by a plant health inspector on the basis of the designation under paragraph (b), the determination made under paragraph (c) and the possible spread of Potato brown rot, [F5 having regard to the relevant factors].

[F6 (5) The “relevant factors” are—

(a) for the purposes of sub-paragraphs (2)(e) and (3)(d)—

(i) the proximity of other places of production growing susceptible material;

(ii) the common production and use of seed potato stocks;

(iii) places of production using surface water for irrigation or spraying of susceptible material where there is or has been a risk of surface water run-off from the contaminated place of production;

(b) for the purposes of sub-paragraph (4)(d)—

(i) places of production producing susceptible material adjacent to, or which are at risk from flooding by, contaminated surface water;

(ii) any discrete irrigation basin associated with the contaminated surface water;

(iii) water bodies connected with the contaminated surface water having regard to the direction and rate of flow of the contaminated surface water and the presence of wild solanaceous host plants.]

Textual Amendments

F1 Words in Sch. 2 para. 27(2)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 21(4)(a)(i)

F2 Words in Sch. 2 para. 27(2)(e) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 21(4)(a)(ii)

F3 Words in Sch. 2 para. 27(3)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 21(4)(b)(i)

F4 Words in Sch. 2 para. 27(3)(d) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 21(4)(b)(ii)

F5 Words in Sch. 2 para. 27(4)(d) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 21(4)(c)

F6 Sch. 2 para. 27(5) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 21(4)(d)

Commencement Information

I1 Sch. 2 para. 27 in force at 14.1.2020, see reg. 1(1)