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The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019
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Restrictions in relation to specified plant material or objects contaminated or probably contaminated with Potato Ring RotS
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29.—(1) Where specified plant material is designated by a plant health inspector to be contaminated with Potato Ring Rot in accordance with paragraph 28(1)(a) of this schedule—
[F1(a) a plant health inspector must serve a notice under regulation 15 requiring that no person may—
(i)knowingly plant that material, or
(ii)knowingly cause or permit that plant material to be planted, and
(b)the notice under regulation 15 must require that material to be disposed of in accordance with sub-paragraph (2)].
(2) Material can be required to be disposed of—
(a)by destruction, or
(b)by [F2an officially approved disposal method that ensures that there is no identifiable risk of Potato Ring Rot spreading].
(3) Where specified plant material is designated by a plant health inspector to be probably contaminated in accordance with paragraph 28(4) of this schedule, a plant health inspector must serve a notice under regulation 15 requiring that—
(a)no person may—
(i)knowingly plant that material, or
(ii)knowingly cause or permit that material to be planted, and
(b)the material must be used or disposed of [F3in a manner that ensures that there is no identifiable risk of Potato Ring Rot spreading].
(4) Where any machinery, vehicle, vessel, store or any part of such machinery, vehicle, vessel or store, or any object (including packaging material) has been designated by a plant health inspector as contaminated in accordance with paragraph 28(1)(a) of this schedule or as probably contaminated in accordance with paragraph 28(4) of this schedule, a plant health inspector must serve a notice under regulation 15 requiring that it is—
(a)disposed of by destruction, or
(b)cleansed and disinfected, such that there is no identifiable risk of Potato Ring Rot spreading.
(5) Anything cleansed and disinfected in accordance with sub-paragraph (4)(b) is no longer to be treated as contaminated for the purposes of [F4this Part].
Textual Amendments
F1Sch. 2 para. 29(1)(a)(b) substituted (27.6.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 21(3)
F2Words in sch. 2 para. 29(2)(b) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 26(c)(i) (with reg. 32)
F3Words in sch. 2 para. 29(3)(b) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 26(c)(ii) (with reg. 32)
F4Words in sch. 2 para. 29(5) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 26(c)(iii) (with reg. 32)
Commencement Information
I1Sch. 2 para. 29 in force at 14.12.2019, see reg. 1(1)
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