Measures to be taken following the confirmation of the presence of Potato ring rotE+W
19.—(1) If the presence of Potato ring rot is confirmed in a sample of susceptible material following official testing carried out pursuant to paragraph 18(2)(a) or sub-paragraph (2), the Welsh Ministers must ensure that—
(a)the susceptible material, the consignment or lot and any object from which the sample was taken and, where appropriate, the place of production and field from which the susceptible material was harvested are designated as contaminated by a plant health inspector;
(b)a plant health inspector determines the extent of the probable contamination through pre- or post-harvest contact or through any production link with anything designated as contaminated under paragraph (a), [F1having regard to the following factors—
(i)the susceptible material grown at the contaminated place of production;
(ii)places of production with some production link to that susceptible material, including those sharing production equipment and facilities directly or through a common contractor;
(iii)the production or presence of other susceptible material at the contaminated place of production;
(iv)the premises handling potatoes from the contaminated place of production and the places of production mentioned in sub-paragraph (ii);
(v)any object that may have come into contact with the contaminated susceptible material;
(vi)any susceptible material stored in, or in contact with, any object prior to its disinfection;
(vii)any susceptible material with a sister or parental clonal relationship to the contaminated susceptible material and the places of production of that susceptible material;]
(c)a zone is demarcated by a plant health inspector on the basis of the designation made under paragraph (a), taking into account the [F2proximity of other places of production growing potatoes or other host plants and the common production and use of seed potato stocks].
[F3(1A) When making a designation or determination under sub-paragraph (1), an inspector must have regard to sound scientific principles, the biology of Potato ring rot and relevant production, marketing and processing systems.]
(2) Where susceptible material has been designated as contaminated under sub-paragraph (1)(a), the Welsh Ministers must ensure that testing is carried out on potato stocks which are clonally related to that susceptible material in the manner specified in paragraph 18(2)(a) in order to determine the probable primary source of infection and the extent of the probable contamination.
(3) Any such testing must be carried out on as much susceptible material as is necessary to determine the probable primary source of infection and the extent of the probable contamination.
(4) Any designation by a plant health inspector under this paragraph must be made by notice.
(5) Where any susceptible material or object is determined by a plant health inspector under sub-paragraph (1)(b) to be possibly contaminated, the inspector must by notice designate that material or object as possibly contaminated.
Textual Amendments
F1Words in Sch. 2 para. 19(1)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1628), regs. 1(2)(b), 18(4)(a)
F2Words in Sch. 2 para. 19(1)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1628), regs. 1(2)(b), 18(4)(b)
F3Sch. 2 para. 19(1A) inserted (31.12.2020) by The Plant Health (Amendment etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1628), regs. 1(2)(b), 18(4)(c)
Commencement Information
I1Sch. 2 para. 19 in force at 27.3.2020, see reg. 1