- Latest available (Revised)
- Point in Time (01/01/2016)
- Original (As made)
Version Superseded: 14/01/2020
Point in time view as at 01/01/2016.
There are currently no known outstanding effects for the The Seed Potatoes (England) Regulations 2015, SCHEDULE 1.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Regulation 2(1)
1. On receipt of an application for certification of any seed potatoes, an authorised officer must—U.K.
(a)allocate to the person making the application a number to be known as the “producer’s identification number” (where one does not already exist for that person);
(b)following an official examination, determine in accordance with this Schedule and Schedule 4 the categories and grades at which the seed potatoes are capable of being marketed; and
(c)subject to paragraphs 3 to 11, issue a growing crop certificate in accordance with paragraph 2.
2.—(1) A growing crop certificate must state—U.K.
(a)the name and address of the applicant;
(b)the categories and grades at which the authorised officer has determined the seed potatoes are capable of being marketed in accordance with paragraph 1(b);
(c)the name of the agricultural unit on which the crop was grown;
(d)the producer’s identification number;
(e)the date on which the growing crop was inspected;
(f)the variety of the seed potatoes;
(g)the area of the seed potatoes; and
(h)the location of the field on which the seed potatoes were grown.
(2) In sub-paragraph (1), “agricultural unit” has the meaning assigned to that expression in section 109(2) of the Agriculture Act 1947(1).
3. A growing crop certificate may only be issued where an authorised officer is satisfied, in relation to the seed potatoes examined by that officer, that—U.K.
(a)the seed potatoes are of a variety of potato species entered in a National List or the Common Catalogue;
(b)the seed potatoes in any one crop are of a single variety;
(c)the seed potatoes are taken from a crop which is free from the following diseases or pests—
(i)Wart Disease (Synchytrium endobioticum (Schilb) Perc);
(ii)Potato Cyst Nematode (Globodera species infesting potatoes);
(iii)Ring Rot (Clavibacter michiganensis (Smith) Davis et al ssp Sepedonicus (Spieck & Kotth) Davis et al);
(iv)Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al);
(v)Potato Spindle Tuber Viroid;
(vi)Colorado Beetle (Leptinotarsa decemlineata (Say)); and
(vii)Potato Tuber Eelworm (Ditylenchus destructor (Thorne));
(d)the land on which the seed potatoes are growing or were grown is not land which is demarcated under Schedule 13 to the Plant Health (England) Order 2015(2) as contaminated with Wart Disease (Synchytrium endobioticum (Schilb) Perc) or is within a safety zone demarcated under that Order;
(e)blanking in any of the growing crop of the seed potatoes is not or was not excessive;
(f)the growing crop has not been over-rogued; and
(g)all reasonable husbandry practices for the prevention of the occurrence, development or spread of diseases and pests have been effectively carried out.
4.—(1) No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as pre-basic seed potatoes of any grade unless the authorised officer is satisfied that the land on which the seed potatoes are growing or were grown—U.K.
(a)is land which, as a result of a soil test carried out by the Secretary of State prior to the planting of the crop, has been found not to be contaminated with Potato Cyst Nematode (Globodera species infesting potatoes);
(b)is not demarcated under Schedule 14 to the Plant Health (England) Order 2015 as infested with a European population of Potato Cyst Nematode; and
(c)has not been used for growing potatoes at any time during the seven years immediately preceding the planting of the crop.
(2) But sub-paragraph (1)(a) does not apply in the case of seed potatoes grown in a soil-free medium.
5. No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as pre-basic seed potatoes of Union grade PBTC unless the authorised officer is satisfied that the immediately succeeding crop produced from the seed potatoes is not likely to contain—U.K.
(a)plants of a different variety; or
(b)plants affected by mild or severe virus.
6. No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as pre-basic seed potatoes of Union grade PB unless the authorised officer is satisfied that the immediately succeeding crop produced from the seed potatoes is not likely to contain—U.K.
(a)more than 0.01% by number of growing plants which deviate from variety and type or are a different variety; or
(b)more than 0.5% by number of growing plants which show symptoms of virus diseases where those symptoms are attributable to infection in the mother crop.
7.—(1) No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as basic seed potatoes of any grade unless the authorised officer is satisfied that the land on which the seed potatoes are growing or were grown—U.K.
(a)is land which, as a result of a soil test carried out by the Secretary of State prior to the planting of the crop, has been found not to be contaminated with Potato Cyst Nematode (Globodera species infesting potatoes);
(b)is not demarcated under Schedule 14 to the Plant Health (England) Order 2015 as infested with a European population of Potato Cyst Nematode; and
(c)has not been used for growing potatoes at any time during the five years immediately preceding the planting of the crop.
(2) But sub-paragraph (1)(a) does not apply in the case of seed potatoes grown in a soil-free medium.
8. No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as basic seed potatoes of any grade unless the authorised officer is satisfied that the immediately succeeding crop produced from the seed potatoes is not likely to contain—U.K.
(a)more than 0.25% by number of growing plants which do not breed true to variety or are a different variety; and
(b)in the case of—
(i)Union grade S, not more than 1%,
(ii)Union grade SE, not more than 2%, and
(iii)Union grade E, not more than 4%,
by number of growing plants which show symptoms of virus diseases prevalent in Europe where those symptoms are attributable to infection in the mother crop.
9. No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as certified seed potatoes in the case of seed potatoes growing or grown in the protected region.U.K.
10.—(1) No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as certified seed potatoes unless the authorised officer is satisfied that the land on which the seed potatoes are growing or were grown—U.K.
(a)is land which, as a result of a soil test carried out by the Secretary of State prior to the planting of the crop, has been found not to be contaminated with Potato Cyst Nematode (Globodera species infesting potatoes);
(b)is not demarcated under Schedule 14 to the Plant Health (England) Order 2015 as infested with a European population of Potato Cyst Nematode; and
(c)has not been used for growing potatoes at any time during the four years immediately preceding the planting of the crop.
(2) But sub-paragraph (1)(a) does not apply in the case of seed potatoes grown in a soil-free medium.
11. No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as certified seed potatoes unless the authorised officer is satisfied that the immediately succeeding crop produced from the seed potatoes is likely to contain—U.K.
(a)in the case of—
(i)Union grade A, not more than 0.5%, and
(ii)Union grade B, not more than 0.5%,
by number of growing plants which do not breed true to variety or are a different variety; and
(b)in the case of—
(i)Union grade A, not more than 8%, and
(ii)Union grade B, not more than 10%,
by number of growing plants which show symptoms of severe virus diseases prevalent in Europe where those symptoms are attributable to infection in the mother crop.
S.I. 2015/610, to which there are amendments not relevant to these Regulations.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: