The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

Measures to be taken following the confirmation of the presence of R. solanacearum S

39.—(1) If the presence of R. solanacearum is confirmed following official testing carried out pursuant to paragraph 38(2) of this schedule, the Scottish Ministers must ensure that the actions specified in sub-paragraphs (2) to (4) are taken in accordance with sound scientific principles, the biology of R. solanacearum and the relevant production, marketing and processing systems of host plants of R. solanacearum.

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

(a) an investigation by a plant health inspector to determine the extent and the primary sources of the contamination in accordance with Annex 4 to Directive 98/57/EC,

(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 specified plant 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 specified plant 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 head (c), the determination made under head (d) and the possible spread of R. solanacearum in accordance with point 2(i) of Annex 5 to Directive 98/57/EC.

(3) In the case of host plants, other than specified plant material, where the production of specified plant 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 in accordance with Annex 4 to Directive 98/57/EC,

(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 head (b), the determination made under head (c) and the possible spread of R. solanacearum in accordance with point 2(i) of Annex 5 to Directive 98/57/EC.

(4) In the case of surface water and associated wild solanaceous host plants where production of specified plant 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 head (a),

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

(d) the demarcation of a zone by a plant health inspector on the basis of the designation under head (b), the determination made under head (c) and the possible spread of R. solanacearum in accordance with point 2(ii) of Annex 5 to Directive 98/57/EC.

Commencement Information

I1 Sch. 2 para. 39 in force at 14.12.2019, see reg. 1(1)