Seed Potatoes Regulations (Northern Ireland) 2001

Explanatory Note

(This note is not part of the Regulations.)

These Regulations consolidate, with amendments, the Seed Potatoes Regulations (Northern Ireland) 1981 (S.R. 1981 No. 243) as amended.

They regulate the production with a view to the classification and marketing of seed potatoes and give effect to Directive 66/403/EEC (O.J. No. L125, 11.7.66, p. 154) as amended by Directives—

(a) 69/62/EEC (O.J. No. L48, p. 7);

(b) 71/162/EEC (O.J. No. L87, p. 24);

(c) 72/274/EEC (O.J. No. L171, p. 37);

(d) 72/418/EEC (O.J. No. L287, p. 22);

(e) 73/438/EEC (O.J. No. L356, p. 79);

(f) 75/444/EEC (O.J. No. L196, p. 6);

(g) 78/692/EEC (O.J. No. L236, p. 13);

(h) 88/380/EEC (O.J. No. L187, p. 31);

(i) 98/95/EC (O.J. No. L25, 1.2.99, p.1);

(j) 98/96/EC (O.J. No. L25, 1.2.99, p. 27) on the marketing of seed potatoes.

They also give effect to Commission Decision 93/231/EEC (O.J. No. L106, 30.4.93, p.13) authorising in respect of the marketing of seed potatoes in all or part of the territory of certain member States more stringent measures against certain diseases than are provided for in Annexes I and II to Directive 66/403/EEC.

The Regulations make provision—

(a) for the classification and grading of seed potatoes including provision relating to production measures in the interests of plant health and for separation in the interests of varietal purity (regulations 5, 6, 7, 8, 9 and Schedules 1, 2 and 3);

(b) for the marketing and labelling of seed potatoes including requirements as to the seed potatoes that may be marketed in Northern Ireland and in respect of labelling and sealing of lots of seed potatoes, for official examination prior to marketing, enforcement and disease control measures (regulations 4, 10, 11, 12, 13, 14, 15, 16, 17, 19 and Schedules 4 to 7 and 9); and

(c) for sampling of lots, the provision of information, service of notices and exemptions (regulations 18, 20, 21 and Schedule 8).

The Regulations—

(a) introduce provisions recognising generations of seed potatoes earlier than basic seed potatoes referred to as pre-basic seed potatoes (regulations 2(1) and 4 and Schedule 2);

(b) introduce an amended definition of marketing (regulation 2(4) and (5));

(c) introduce provisions in relation to the marketing of small quantities for scientific purposes or selection work of seed potatoes which contain genetically modified material (regulation 4(5) to (7));

(d) introduce provisions in respect of genetically modified seed potatoes requiring that official labels and marketing information clearly indicate that the seed potatoes have been genetically modified (regulation 11 and Schedules 5 and 7);

(e) introduce a provision in respect of production methods in the interests of plant health (regulation 6);

(f) introduce a prohibition on the planting in Northern Ireland of any potatoes other than potatoes which may be marketed in Northern Ireland under these Regulations or one year’s progeny of such potatoes (regulation 22).

A contravention of, or failure to comply with, these Regulations is an offence under section 3 of the Seeds Act (Northern Ireland) 1965, as amended, for which the penalty, on summary conviction, is a fine not exceeding level 5 on the standard scale (currently £5000).