The Plant Health (EU Exit) Regulations 2019

Regulation 5(5)

SCHEDULE 12 Emergency measures: Epitrix cucumeris (Harris), Epitrix papa Orlova-Bienkowskaja, Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner)

PART A Application and interpretation

1.  This Schedule applies where there is evidence that Epitrix cucumeris (Harris), Epitrix papa Orlova-Bienkowskaja, Epitrix subcrinita (Lec.) or Epitrix tuberis (Gentner) is present in, or there are signs of infestation by one of those plant pests on potato tubers in, a relevant UK territory.

2.  In this Schedule—

“authorised packing facility” means a packing facility in the vicinity of a demarcated area which is authorised by the appropriate UK plant health authority or by an inspector to pack potato tubers originating in the demarcated area;

“demarcated area” means an area demarcated under paragraph 3;

“permitted potato tubers” means potato tubers originating in a demarcated area that have been grown in fields—

(a)

which have been subjected to insecticide treatments against the plant pest at appropriate times during the growing season; and

(b)

in which the plant pest has not been detected by pre-harvest official inspections carried out at appropriate times at those fields;

“plant pest” means one or more of the following plant pests—

(a)

Epitrix cucumeris (Harris);

(b)

Epitrix papa Orlova-Bienkowskaja;

(c)

Epitrix subcrinita (Lec.);

(d)

Epitrix tuberis (Gentner);

“unwashed potato tubers” means potato tubers that have not—

(a)

been washed or brushed so that there is no more than 0.1% of soil remaining; or

(b)

undergone an equivalent method which has been specifically applied to ensure the removal of the plant pest and ensure that there is no risk of the plant pest spreading.

PART B Establishment of a demarcated area

3.  The appropriate UK plant health authority must by notice and without delay demarcate an area in relation to the infestation consisting of—

(a) an infested zone and a buffer zone around the infested zone;

(b) where two or more buffer zones around the infested zones overlap or are geographically close, an area encompassing those infested zones and buffer zones and the areas between the buffer zones.

4.  The infested zone must include the fields in which a finding of the plant pest or signs of infestation by the plant pest on potato tubers has been confirmed and fields in which potato tubers infested with the plant pest have been grown.

5.  The boundary of the buffer zone must be at least 500 m beyond the boundary of the infested zone, but must extend to the boundary of each field mentioned in paragraph 4 where the boundary of the field is less than 500 m beyond the boundary of the infested zone.

6.  The demarcation of the infested zone and the buffer zone must be based on the biology of the plant pest, the level of infestation, the distribution of host plants in the area concerned, evidence of establishment of the plant pest and the capacity of the plant pest to spread naturally.

7.  If there is a confirmed finding of the plant pest or signs of infestation by the plant pest on potato tubers outside the infested zone, the appropriate UK plant health authority must either demarcate a further area or amend the original demarcated area in accordance with paragraphs 3 to 6 to take account of that finding.

8.  Paragraph 3 does not apply in so far as any part of the area to be demarcated would be in Scotland.

PART C Measures to be taken in a demarcated area

9.  Where an area is demarcated under paragraph 3, the appropriate UK plant health authority must ensure that—

(a) measures are taken to eradicate or contain the plant pest, which must include the treatment and disinfestation of infested potato tubers and host plants and, where necessary, a prohibition on the planting of host plants;

(b) intensive monitoring for the presence of the plant pest or signs of infestation by the plant pest on potato tubers through appropriate inspections is carried out;

(c) surveillance of the movement of potato tubers out of the demarcated area is carried out; and

(d) any vehicle and packaging which has been used to transport any unwashed potato tubers originating in the demarcated area is decontaminated and cleaned in an appropriate manner before leaving the demarcated area.

10.  Where permitted potato tubers from an officially registered place of production, warehouse or dispatching centre or permitted potato tubers produced by an officially registered producer are moved from a demarcated area to an authorised packing facility, the appropriate UK plant health authority must ensure that—

(a) the potato tubers are not moved to the packing facility unless the appropriate UK plant health authority is given advance notice of the date of the intended movement;

(b) the potato tubers are—

(i) transported to the packing facility in closed vehicles, or in closed and clean packaging, in such a manner to ensure that the plant pest cannot escape or spread;

(ii) accompanied by a document identifying their origin and destination; and

(iii) immediately on arrival at the packing facility, washed or brushed so that there is no more than 0.1% of soil remaining or subjected to an equivalent method to remove the plant pest and eliminate any risk of the plant pest spreading;

(c) any vehicle and packaging which has been used to transport any unwashed potato tubers to the packing facility is decontaminated and cleaned in an appropriate manner before leaving the facility;

(d) any machinery at the packing facility which is used to handle the potato tubers is decontaminated and cleaned in an appropriate manner after each use;

(e) any waste soil or other waste material arising from the cleaning of unwashed potato tubers or the decontamination and cleaning mentioned in sub-paragraphs (c) and (d) is disposed of in a manner that ensures that the plant pest cannot establish or spread outside the demarcated area;

(f) the packing facility keeps records of all potato tubers handled at the facility for a period of one year beginning on the date of their arrival at the facility;

(g) the intensive monitoring mentioned in paragraph 9(b) includes appropriate inspections on potato plants and, where appropriate, other host plants, including fields where those plants are growing within a radius of 100 m of the packing facility; and

(h) activities to raise public awareness of the threat of the plant pest and the measures adopted to prevent its introduction and spread in the vicinity of the packing facility are carried out.

PART D Lifting of demarcation

11.  The appropriate UK plant health authority may by notice lift the demarcation that applies to a demarcated area if the official surveys carried out pursuant to paragraph 1(e) of Schedule 9 show that the plant pest or signs of infestation by the plant pest have not been detected in the demarcated area in the two years prior to the lifting of the demarcation.